[Title 33 CFR O]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter O - POLLUTION]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falsePOLLUTIONOSUBCHAPTER ONAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
                         SUBCHAPTER O_POLLUTION





PART 151_VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents




      Subpart A_Implementation of MARPOL 73/78 and the Protocol on 
   Environmental Protection to the Antarctic Treaty as it Pertains to 
                          Pollution from Ships

                                 General

Sec.
151.01 Purpose.
151.03 Applicability.
151.04 Penalties for violation.
151.05 Definitions.
151.06 Special areas.
151.07 Delegations.
151.08 Denial of entry.

                              Oil Pollution

151.09 Applicability.
151.10 Control of oil discharges.
151.11 Exceptions for emergencies.
151.13 Special areas for Annex I of MARPOL 73/78.
151.15 Reporting requirements.
151.17 Surveys.
151.19 International Oil Pollution Prevention (IOPP) Certificates.
151.21 Ships of countries not party to MARPOL 73/78.
151.23 Inspection for compliance and enforcement.
151.25 Oil Record Book.
151.26 Shipboard oil pollution emergency plans.
151.27 Plan submission and approval.
151.28 Plan review and revision.
151.29 Foreign ships.

                   Noxious Liquid Substance Pollution

151.30 Applicability.
151.31 Where to find requirements applying to oceangoing ships carrying 
          Category A, B, C, and D NLS.
151.32 Special areas for the purpose of Annex II.
151.33 Certificates needed to carry Category C Oil-like NLS.
151.35 Certificates needed to carry Category D NLS and Category D Oil-
          like NLS.
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and 
          obtaining an NLS Certificate.
151.39 Operating requirements: Category D NLS.
151.41 Operating requirements for oceangoing ships with IOPP 
          Certificates: Category C and D Oil-like NLSs.
151.43 Control of discharge of NLS residues.
151.45 Reporting spills of NLS: Category A, B, C, and D.
151.47 Category D NLSs other than oil-like Category D NLSs that may be 
          carried under this part.
151.49 Category C and D Oil-like NLSs allowed for carriage.

                      Garbage Pollution and Sewage

151.51 Applicability.
151.53 Special areas for Annex V of MARPOL 73/78.
151.55 Recordkeeping requirements.
151.57 Waste management plans.
151.59 Placards.
151.61 Inspection for compliance and enforcement.
151.63 Shipboard control of garbage.
151.65 Reporting requirements.
151.66 Operating requirements: Discharge of garbage in the navigable 
          waters prohibited.
151.67 Operating requirements: Discharge of plastic prohibited.
151.69 Operating requirements: Discharge of garbage outside special 
          areas.
151.71 Operating requirements: Discharge of garbage within special 
          areas.
151.73 Operating requirements: Discharge of garbage from fixed or 
          floating platforms.
151.75 Grinders or comminuters.
151.77 Exceptions for emergencies.

Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage 
          Discharge Restrictions
151.79 Operating requirements: Discharge of sewage within Antarctica.

       Subpart B_Transportation of Municipal and Commercial Waste

151.1000 Purpose.
151.1003 Applicability.
151.1006 Definitions.
151.1009 Transportation of municipal or commercial waste.
151.1012 Applying for a conditional permit.
151.1015 Issuing or denying the issuance of a conditional permit.
151.1018 Withdrawal of a conditional permit.
151.1021 Appeals.
151.1024 Display of number.

Subpart C_Ballast Water Management for Control of Nonindigenous Species 
                   in the Great Lakes and Hudson River

151.1500 Purpose.
151.1502 Applicability.

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151.1504 Definitions.
151.1506 Restriction of operation.
151.1508 Revocation of clearance.
151.1510 Ballast water management.
151.1512 Vessel safety.
151.1514 Ballast water management alternatives under extraordinary 
          conditions.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct ballast water management.

Subpart D_Ballast Water Management for Control of Nonindigenous Species 
                     in waters of the United States

151.2000 What is the purpose of this subpart?
151.2005 To which vessels does this subpart apply?
151.2007 What are the penalties for violations of the mandatory 
          provisions of this subpart?
151.2010 Which vessels are exempt from the mandatory requirements?
151.2015 Is a vessel in innocent passage exempt from the mandatory 
          requirements?
151.2025 What definitions apply to this subpart?
151.2030 Who is responsible for determining when to use the safety 
          exemption?
151.2035 What are the required ballast water management practices for my 
          vessel?
151.2036 If my voyage does not take me into waters 200 nautical miles or 
          greater from any shore, must I divert to conduct a ballast 
          water exchange?
151.2037 If my vessel cannot conduct ballast water management practices 
          because of its voyage and/or safety concerns, will I be 
          prohibited from discharging ballast water?
151.2040 What are the mandatory ballast water management requirements 
          for vessels equipped with ballast tanks that operate in the 
          waters of the United States and are bound for ports or places 
          in the United States?
151.2041 What are the mandatory ballast water reporting requirements for 
          all vessels equipped with ballast tanks bound for ports or 
          places of the United States?
151.2043 Equivalent Reporting Methods for vessels other than those 
          entering the Great Lakes or Hudson River after operating 
          outside the EEZ or Canadian equivalent.
151.2045 What are the mandatory recordkeeping requirements for vessels 
          equipped with ballast tanks that are bound for a port or place 
          in the United States?
151.2050 What methods are used to monitor compliance with this subpart?
151.2055 Where are the alternate exchange zones located? [Reserved]
151.2060 What must each application for approval of an alternative 
          compliance technology contain? [Reserved]
151.2065 What is the standard of adequate compliance determined by the 
          ANSTF for this subpart? [Reserved]

Appendix to Subpart D of Part 151--Ballast Water Reporting Form and 
          Instructions for Ballast Water Reporting Form

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351.



      Subpart A_Implementation of MARPOL 73/78 and the Protocol on 
   Environmental Protection to the Antarctic Treaty as it Pertains to 
                          Pollution from Ships

                                 General

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.

    Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise 
noted.



Sec. 151.01  Purpose.

    The purpose of this subpart is to implement the Act to Prevent 
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes 
I, II and V of the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating 
thereto (MARPOL 73/78), done at London on February 17, 1978. This 
subpart also implements the Antarctic Science, Tourism, and Conservation 
Act of 1996, and the Protocol on Environmental Protection to the 
Antarctic Treaty done at Madrid on October 4, 1991.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-
2000-7641, 66 FR 55570, Nov. 2, 2001]



Sec. 151.03  Applicability.

    This subpart applies to each ship that must comply with Annex I, II 
or V of MARPOL 73/78 unless otherwise indicated.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]

[[Page 261]]



Sec. 151.04  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or the regulations 
of this subpart is liable for a civil penalty for each violation, as 
provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation 
constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or fraudulent 
representation in any matter in which a statement or representation is 
required to be made to the Coast Guard under MARPOL 73/78, the Act, or 
the regulations of this subpart, is liable for a civil penalty for each 
statement or representation, as provided by 33 U.S.C. 1908(b)(2).
    (c) A person who knowingly violates MARPOL 73/78, the Act, or the 
regulations of this subpart commits a class D felony, as described in 18 
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to 
not more than one-half of the fine may be paid to the person giving 
information leading to conviction.
    (d) A ship operated in violation of MARPOL 73/78, the Act, or the 
regulations of this subpart is liable in rem for any civil penalty 
covered by paragraph (a) or (b) of this section, or any fine covered by 
paragraph (c) of this section, and may be proceeded against in the 
United States District Court of any district in which the ship may be 
found.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-
052, 62 FR 16703, Apr. 8, 1997; USCG-1999-5832, 64 FR 34714, June 29, 
1999]



Sec. 151.05  Definitions.

    As used in this subpart--
    Act means the Act to Prevent Pollution from Ships, as amended (33 
U.S.C. 1901-1911).
    Antarctica means the area south of 60 degrees south latitude.
    Cargo associated wastes means all materials which have become wastes 
as a result of use on board a ship for cargo stowage and handling. Cargo 
associated wastes include, but are not limited to dunnage, shoring, 
pallets, lining and packing materials, plywood, paper, cardboard, wire, 
and steel strapping.
    Clean ballast means the ballast in a tank which, since oil was last 
carried therein, has been so cleaned that effluent therefrom, if it were 
discharged from a ship that is stationary into clean calm water on a 
clear day would not produce visible traces of oil on the surface of the 
water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines. 
If the ballast is discharged through an oil discharge monitoring and 
control system approved by the government of the country under whose 
authority the ship is operating, evidence based on such a system, to the 
effect that the oil content of the effluent does not exceed 15 parts per 
million (ppm) is determinative that the ballast is clean.
    Commandant means Commandant, U.S. Coast Guard.
    Discharge means any release, however caused, from a ship and 
includes any escape, disposal, spilling, leaking, pumping, emitting or 
emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on 13 November 1972; or
    (2) Release of oil or oily mixtures directly arising from the 
exploration, exploitation and associated off-shore processing of sea-bed 
mineral resources.
    Discharge, as defined by MARPOL 73/78 in relation to harmful 
substances or effluent containing such substances, means any release 
however caused from a ship, and includes any escape, disposal, spilling, 
leaking, pumping, emitting or emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on November 13, 1972; or
    (2) The release of harmful substances directly arising from the 
exploration, exploitation, and associated offshore processing of seabed 
mineral resources; or
    (3) The release of harmful substances for purposes of legitimate 
scientific research relating to pollution abatement or control.
    Dishwater means the liquid residue from the manual or automatic 
washing

[[Page 262]]

of dishes and cooking utensils which have been pre-cleaned to the extent 
that any food particles adhering to them would not normally interfere 
with the operation of automatic dishwashers.
    Domestic wastes means all types of wastes generated in the living 
spaces on board a ship, except victual wastes.
    Existing ship means a ship that is not a new ship.
    Fuel oil means any oil used to fuel the propulsion and auxiliary 
machinery of the ship carrying the fuel. The term ``fuel oil'' is also 
known as ``oil fuel.''
    Garbage means all kinds of victual, domestic, and operational waste, 
excluding fresh fish and parts thereof, generated during the normal 
operation of the ship and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that are 
defined or listed in other Annexes to MARPOL 73/78.
    Graywater means drainage from dishwasher, shower, laundry, bath, and 
washbasin drains and does not include drainage from toilets, urinals, 
hospitals, and cargo spaces.
    Great Lakes means the Great Lakes of North America and the St. 
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West 
Point, Anticosti Island, and, on the north side of Anticosti Island, the 
meridian of longitude 63 degrees west.
    Harmful substance means any substance which, if introduced into the 
sea, is liable to create hazards to human health, harm living resources 
and marine life, damage amenities, or interfere with other legitimate 
uses of the sea, and includes any substance subject to control by MARPOL 
73/78.
    High viscosity Category B NLS means any Category B NLS having a 
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLS having a 
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60 mPa.s at the 
time it is unloaded.
    High viscosity NLS includes Category A NLSs having a viscosity of at 
least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the time they are 
unloaded, high viscosity Category B NLSs, and high viscosity Category C 
NLSs.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant divided by the speed 
of the ship in knots at the same instant.
    Length means the horizontal distance between the foremost part of a 
ship's stem to the aftermost part of its stern, excluding fittings and 
attachments.
    Maintenance waste means materials collected while maintaining and 
operating the ship, including, but not limited to, soot, machinery 
deposits, scraped paint, deck sweepings, wiping wastes, and rags.
    Major conversion means a conversion of an existing ship--
    (1) That substantially alters the dimensions or carrying capacity of 
the ship; or
    (2) That changes the type of the ship; or
    (3) The intent of which, in the opinion of the government of the 
country under whose authority the ship is operating, is substantially to 
prolong its life; or
    (4) Which otherwise so alters the ship that, if it were a new ship, 
it would become subject to relevant provisions of MARPOL 73/78 not 
applicable to it as an existing ship.
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1, SR7, England.
    Medical waste means isolation wastes, infectious agents, human blood 
and blood products, pathological wastes, sharps, body parts, 
contaminated bedding, surgical wastes and potentially contaminated 
laboratory wastes, dialysis wastes, and such additional medical items as 
prescribed by the Administrator of the EPA by regulation.
    Nearest land. The term ``from the nearest land'' means from the 
baseline from which the territorial sea of the territory in question is 
established in accordance with international law, except that, for the 
purposes of these regulations, ``from the nearest land'' off

[[Page 263]]

the north eastern coast of Australia shall mean from a line drawn from a 
point on the coast of Australia in--

latitude 11[deg]00[min] South, longitude 142[deg]08[min] East to a point 
in--latitude 10[deg]35[min] South, longitude 141[deg]55[min] East, 
thence to a point--latitude 10[deg]00[min] South, longitude 
142[deg]00[min] East, thence to a point--latitude 9[deg]10[min] South, 
longitude 143[deg]52[min] East, thence to a point--latitude 
9[deg]00[min] South, longitude 144[deg]30[min] East, thence to a point--
latitude 13[deg]00[min] South, longitude 144[deg]00[min] East, thence to 
a point--latitude 15[deg]00[min] South, longitude 146[deg]00[min] East, 
thence to a point--latitude 18[deg]00[min] South, longitude 
147[deg]00[min] East, thence to a point--latitude 21[deg]00[min] South, 
longitude 153[deg]00[min] East, thence to a point on the coast of 
Australia in latitude 24[deg]42[min] South, longitude 153[deg]15[min] 
East.

    New ship means a ship--
    (1) For which the building contract is placed after December 31, 
1975; or
    (2) In the absence of a building contract, the keel of which is laid 
or which is at a similar stage of construction after June 30, 1976; or
    (3) The delivery of which is after December 31, 1979; or
    (4) That has undergone a major conversion--
    (i) For which the contract is placed after December 31, 1975;
    (ii) In the absence of a contract, the construction work of which is 
begun after June 30, 1976; or
    (iii) That is completed after December 31, 1979.
    (5) For the purposes of Sec. Sec. 151.26 through 151.28, which is 
delivered on or after April 4, 1993.
    NLS means Noxious Liquid Substance.
    NLS Certificate means an International Pollution Prevention 
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued 
under MARPOL 73/78.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 or Sec. 151.49;
    (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside 
it's name in the column headed ``Pollution Category'' in Table 1 of 46 
CFR Part 153; and
    (3) Each substance that is identified as an NLS in a written 
permission issued under 46 CFR 153.900 (d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States.
    Note: A Canadian or U.S. ship being operated exclusively on the 
Great Lakes of North America or their connecting and tributary waters, 
or exclusively on the internal waters of the United States and Canada; 
is not an ``oceangoing'' ship.
    Oil means petroleum whether in solid, semi-solid, emulsified, or 
liquid form, including but not limited to, crude oil, fuel oil, sludge, 
oil refuse, oil residue, and refined products, and, without limiting the 
generality of the foregoing, includes the substances listed in Appendix 
I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and 
vegetable based oil or noxious liquid substances (NLS) designated under 
Annex II of MARPOL 73/78.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component of oil. The term ``oil cargo residue'' is also 
known as ``cargo oil residue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified, 
or liquid form, resulting from drainages, leakages, exhausted oil, and 
other similar occurrences from machinery spaces.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;

[[Page 264]]

    (2) Slops from oil cargoes (such as cargo tank washings, oily waste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks.
    Oily rags means rags soaked with oil.
    Oil-like NLS means each cargo listed in Sec. 151.49.
    Oil tanker means a ship constructed or adapted primarily to carry 
oil in bulk in its cargo spaces and includes combination carriers and 
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it 
is carrying a cargo or part cargo of oil in bulk.
    Oily mixture means a mixture with any oil content, including bilge 
slops, oily wastes, oil residues (sludge), oily ballast water, and 
washings from cargo oil tanks.
    Operational waste means all cargo-associated waste, maintenance 
waste, and cargo residues other than oil residues and NLS cargo 
residues. ``Operational wastes'' includes ashes and clinkers (i.e., a 
mass of incombustible matter fused together by heat) from shipboard 
incinerators and coal-burning boilers but does not include plastic 
clinkers, which are treated as an Annex V waste, or oily rags, which are 
treated as an Annex I waste.
    Person means an individual, firm, public or private corporation, 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.
    Plastic means any garbage that is solid material, that contains as 
an essential ingredient one or more synthetic organic high polymers, and 
that is formed or shaped either during the manufacture of the polymer or 
polymers or during fabrication into a finished product by heat or 
pressure or both. ``Degradable'' plastics, which are composed of 
combinations of degradable starches and are either (a) synthetically 
produced or (b) naturally produced but harvested and adapted for use, 
are plastics under this part. Naturally produced plastics such as 
crabshells and other types of shells, which appear normally in the 
marine environment, are not plastics under this part.
    Note: Plastics possess material properties ranging from hard and 
brittle to soft and elastic. Plastics are used for a variety of marine 
applications including, but not limited to: food wrappings, products for 
personal hygiene, packaging (vaporproof barriers, bottles, containers, 
and liners), ship construction (fiberglass and laminated structures, 
siding, piping insulation, flooring, carpets, fabrics, adhesives, and 
electrical and electronic components), disposable eating-utensils and 
cups (including styrene products), bags, sheeting, floats, synthetic 
fishing nets, monofilament fishing line, strapping bands, hardhats, and 
synthetic ropes and lines.
    Port means--
    (1) A group of terminals that combines to act as a unit and be 
considered a port for the purposes of this subpart;
    (2) A port authority or other organization that chooses to be 
considered a port for the purposes of this subpart; or
    (3) A place or facility that has been specifically designated as a 
port by the COTP.
    Prewash means a tank washing operation that meets the procedure in 
46 CFR 153.1120.
    Recognized Classification Society means a classification society 
that is a participating member of the International Association of 
Classification Societies (IACS).
    Residues and mixtures containing NLSs (NLS residue) means--
    (1) Any Category A, B, C, or D NLS cargo retained on the ship 
because it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C, or D NLS cargo remaining on the 
ship after the NLS is discharged to the consignee, including but not 
limited to puddles on the tank bottom and in sumps, clingage in the 
tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLS cargo, 
including but not limited to bilge slops, ballast, hose drip pan 
contents, and tank wash water.
    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and fuel oil system and 
that is permanently allocated to the carriage of ballast or to the 
carriage of ballast or cargoes other than oil or noxious substances as 
variously defined in the Annexes of MARPOL 73/78.
    Ship means a vessel of any type whatsoever, operating in the marine 
environment. This includes hydrofoils, air-

[[Page 265]]

cushion vehicles, submersibles, floating craft whether self-propelled or 
not, and fixed or floating drilling rigs and other platforms.
    Shipboard oil pollution emergency plan means a plan prepared, 
submitted, and maintained according to the provisions of Sec. Sec. 
151.26 through 151.28 of this subpart for United States ships or 
maintained according to the provisions of Sec. 151.29(a) of this 
subpart for foreign ships operated under the authority of a country that 
is party to MARPOL 73/78 or carried on board foreign ships operated 
under the authority of a country that is not a party to MARPOL 73/78, 
while in the navigable waters of the United States, as evidence of 
compliance with Sec. 151.21 of this subpart.
    Solidifying NLS means a Category A, B, or C NLS that has a melting 
point--
    (1) Greater than 0 [deg]C but less than 15 [deg]C and a temperature, 
measured under the procedure in 46 CFR 153.908(d), that is less than 5 
[deg]C above its melting point at the time it is unloaded; or
    (2) 15 [deg]C or greater and a temperature, measured under the 
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C above its 
melting point at the time it is unloaded.
    Special area means a sea area, where for recognized technical 
reasons in relation to its oceanographical and ecological condition and 
to the particular character of the traffic, the adoption of special 
mandatory methods for the prevention of sea pollution by oil, NLSs, or 
garbage is required.
    Terminal means an onshore facility or an offshore structure located 
in the navigable waters of the United States or subject to the 
jurisdiction of the United States and used, or intended to be used, as a 
port or facility for the transfer or other handling of a harmful 
substance.
    Note: The Coast Guard interprets commercial fishing facilities, 
recreational boating facilities, and mineral and oil industry shorebases 
to be terminals for the purposes of Annex V of MARPOL 73/78, since these 
facilities normally provide wharfage and other services, including 
garbage handling, for ships.
    U.S. inspected ships means those ship required to be inspected and 
certificated under 46 CFR 2.01-7.
    Victual waste means any spoiled or unspoiled food waste.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 85-010, 52 FR 7758, Mar. 12, 1987; CGD 88-002, 54 FR 
18403, Apr. 28, 1989; CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 88-002, 
55 FR 35988, Sept. 4, 1990; CGD 88-002A, 56 FR 8880, Mar. 1, 1991; CGD 
93-030, 59 FR 51338, Oct. 7, 1994; CGD 94-056, 60 FR 43377, Aug. 21, 
1995; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG 2000-7079, 65 FR 
67155, Nov. 8, 2000; USCG-2000-7641, 66 FR 55570, Nov. 2, 2001]



Sec. 151.06  Special areas.

    (a) For the purposes of this part, the navigational descriptions of 
the special areas are as follows:
    (1) The Mediterranean Sea area means the Mediterranean Sea proper 
including the gulfs and seas therein, with the boundary between the 
Mediterranean and the Black Sea constituted by the 41[deg] N parallel 
and bounded to the west by the Straits of Gibraltar at the meridian of 
5[deg]36[min] W.
    (2) The Baltic Sea means the Baltic Sea proper with the Gulf of 
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded 
by the parallel of the Skaw in the Skagerrak at 57[deg]44.8[min] N.
    (3) The Black Sea area means the Black Sea proper with the boundary 
between the Mediterranean Sea and the Black Sea constituted by the 
parallel 41[deg] N.
    (4) The Red Sea area means the Red Sea proper including the Gulfs of 
Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane 
(12[deg]8.5[min] N, 43[deg]19.6[min] E) and Husn Murad (12[deg]40.4[min] 
N, 43[deg]30.2[min] E).
    (5) The Gulfs areas means the sea area located northwest of the 
rhumb line between Ras al Hadd (22[deg]30[min] N, 59[deg]48[min] E) and 
Ras al Fasteh (25[deg]04[min] N, 61[deg]25[min] E).
    (6) The Gulf of Aden areas means the part of the Gulf of Aden 
between the Red Sea and the Arabian Sea bounded to the west by the rhumb 
line between Ras si Ane (12[deg]28.5[min] N, 43[deg]19.6[min] E) and 
Husn Murad (12[deg]40.4[min] N, 43[deg]30.2[min] E) and to the east by 
the rhumb line between Ras Asir (11[deg]50[min] N, 51[deg]16.9[min] E) 
and the Ras Fartak (15[deg]35[min] N, 52[deg]13.8[min] E).
    (7) The Antarctic areas means the sea south of 60[deg] south 
latitude.

[[Page 266]]

    (8) The North Sea area means the North Sea proper, including seas 
within the North Sea southwards of latitude 62[deg] N and eastwards of 
longitude 4[deg] W; the Skagerrak, the southern limit of which is 
determined east of the Skaw by latitude 57[deg]44.8[min] N; and the 
English Channel and its approaches eastwards of longitude 5[deg] W.
    (9) The Wider Caribbean region means the Gulf of Mexico and 
Caribbean Sea proper, including the bays and seas therein and that 
portion of the Atlantic Ocean within the boundary constituted by the 
30[deg] N parallel from Florida eastward to 77[deg]30[min] W meridian, 
thence a rhumb line to the intersection of 20[deg] N parallel and 
59[deg] W meridian, thence a rhumb line to the intersection of 
7[deg]20[min] N parallel and 50[deg] W meridian, thence a rhumb line 
drawn southwesterly to the eastern boundary of French Guiana.
    (b) Special areas for the purpose of Annex I of MARPOL 73/78 include 
those referenced in Sec. 151.13. Special areas for the purposes of 
Annex II of MARPOL 73/78 include those referenced in Sec. 151.32. 
Special areas for the purpose of Annex V of MARPOL 73/78 include those 
referenced in Sec. 151.53.

[CGD 94-056, 60 FR 43377, Aug. 21, 1995]



Sec. 151.07  Delegations.

    Each Coast Guard official designated as a Captain of the Port (COTP) 
or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer, 
Marine Safety Office (MSO), is delegated the authority to--
    (a) Issue International Oil Pollution Prevention (IOPP) 
Certificates;
    (b) Detain or deny entry to ships not in substantial compliance with 
MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance 
with MARPOL 73/78 on board;
    (c) Receive and investigate reports under Sec. 151.15; and
    (d) Issue subpoenas to require the attendance of any witness and the 
production of documents and other evidence, in the course of 
investigations of potential violations of the Act to Prevent Pollution 
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 
73/78.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.08  Denial of entry.

    (a) Unless a ship is entering under force majeure, no oceangoing 
tanker or any other oceangoing ship of 400 gross tons or more required 
by Sec. 151.10 to retain oil, oil residue, or oily mixtures on board 
while at sea, and no oceangoing ship carrying a Category A, B, or C NLS 
cargo or NLS residue in cargo tanks that are required to be prewashed 
under 46 CFR Part 153, may enter any port or terminal under Sec. 
158.110(a) of this chapter unless the port or terminal has a Certificate 
of Adequacy, as defined in Sec. 158.120 of this chapter.
    (b) A COTP may deny the entry of a ship to a port or terminal under 
Sec. 158.110(b) if--
    (1) The port or terminal does not have a Certificate of Adequacy, as 
required in Sec. 158.135 of this chapter; or
    (2) The port or terminal is not in compliance with the requirements 
of Subpart D of Part 158.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by USCG-2000-7641, 
66 FR 55570, Nov. 2, 2001]

                              Oil Pollution

    Source: Sections 151.09 through 151.25 appear by CGD 75-124a, 48 FR 
45709, Oct. 6, 1983, unless otherwise noted.



Sec. 151.09  Applicability.

    (a) Except as provided in paragraph (b) of this section, Sec. Sec. 
151.09 through 151.25 apply to each ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United

[[Page 267]]

States as defined in Sec. 2.05-10 of this chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.09 through 151.25 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;
    (2) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (3) A Canadian or U.S. ship being operated exclusively on the 
internal waters of the United States and Canada; or
    (4) Any other ship specifically excluded by MARPOL 73/78.
    (c) Sections 151.26 through 151.28 apply to each United States 
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this 
section which is--
    (1) An oil tanker of 150 gross tons and above or other ship of 400 
gross tons and above; or
    (2) A fixed or floating drilling rig or other platform, when not 
engaged in the exploration, exploitation, or associated offshore 
processing of seabed mineral resources.
    (d) Sections 151.26 through 151.28 do not apply to--
    (1) The ships specified in paragraph (b) of this section;
    (2) Any barge or other ship which is constructed or operated in such 
a manner that no oil in any form can be carried aboard.

    Note: The term ``internal waters'' is defined in Sec. 2.05-20 of 
this chapter.

    (e) Section 151.26(b)(5) applies to all vessels subject to the 
jurisdiction of the United States and operating in Antarctica.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338, Oct. 7, 1994; CGD 97-
015, 62 FR 18045, Apr. 14, 1997]



Sec. 151.10  Control of oil discharges.

    (a) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The ship is not within a special area;
    (4) The ship is proceeding enroute;
    (5) The oil content of the effluent without dilution is less than 15 
parts per million (ppm); and
    (6) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by Part 
155 Subpart B of this chapter.
    (b) When within 12 nautical miles of the nearest land, any discharge 
of oil or oily mixtures into the sea from a ship other than an oil 
tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The oil content of the effluent without dilution does not exceed 
15 ppm;
    (4) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by Part 
155 Subpart B of this chapter; and
    (5) The oily-water separating equipment is equipped with a 15 ppm 
bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and 
for U.S. uninspected ships and foreign ships, either approved under 46 
CFR 162.050 or listed in the current International Maritime Organization 
(IMO) Marine Environment Protection Committee (MEPC) Circular summary of 
MARPOL 73/78 approved equipment.
    Note: In the navigable waters of the United States, the Federal 
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part 
110 govern all discharges of oil or oily-mixtures.
    (c) The overboard discharge of any oil cargo residues and oily 
mixtures that include oil cargo residues from an oil

[[Page 268]]

tanker is prohibited, unless discharged in compliance with part 157 of 
this chapter.
    (d) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker; that is not 
proceeding enroute; shall be in accordance with paragraphs (b)(1), 
(b)(2), (b)(3), (b)(4), and (b)(5) of this section.
    (e) The provisions of paragraphs (a), (b), (c) and (d) of this 
section do not apply to the discharge of clean or segregated ballast.
    (f) The person in charge of an oceangoing ship that cannot discharge 
oily mixtures into the sea in compliance with paragraphs (a), (b), (c), 
or (d) of this section must ensure that those oily mixtures are--
    (1) Retained on board; or
    (2) Discharged to a reception facility. If the reception facility is 
in a port or terminal in the United States, each person who is in charge 
of each oceangoing tanker or any other oceangoing ship of 400 gross tons 
or more shall notify the port or terminal, at least 24 hours before 
entering the port or terminal, of--
    (i) The estimated time of day the ship will discharge oily mixtures;
    (ii) The type of oily mixtures to be discharged; and
    (iii) The volume of oily mixtures to be discharged.
    Note: There are Federal, state, or local laws or regulations that 
could require a written description of the oil residues and oily 
mixtures to be discharged. For example, a residue or mixture containing 
oil might have a flashpoint less than 60 [deg]C (140 [deg]F) and thus 
have the characteristic of ignitability under 40 CFR 261.21, which might 
require a description of the waste for a manifest under 40 CFR Part 262, 
Subpart B. Occupational safety and health concerns may be covered, as 
well as environmental ones.
    The notice required in this section is in addition to those required 
by other Federal, state, and local laws and regulations. Affected 
persons should contact the appropriate Federal, state, or local agency 
to determine whether other notice and information requirements, 
including 40 CFR Parts 262 and 263, apply to them.
    (g) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this regulation.
    (h) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating under a National Pollutant Discharge 
Elimination System (NPDES) permit.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR 
36793, Sept. 9, 1985. Redesignated by CGD 88-002, 54 FR 18404, Apr. 28, 
1989; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7641, 66 FR 
55571, Nov. 2, 2001]



Sec. 151.11  Exceptions for emergencies.

    (a) Sections 151.10 and 151.13 do not apply to--
    (1) The discharge into the sea of oil or oily mixture necessary for 
the purpose of securing the safety of a ship or saving life at sea.
    (2) The discharge into the sea of oil or oily mixture resulting from 
damage to a ship or its equipment--
    (i) Provided that all reasonable precautions have been taken after 
the occurrence of the damage or discovery of the discharge for the 
purpose of preventing or minimizing the discharge; and
    (ii) Except if the owner or the master acted either with intent to 
cause damage, or recklessly and with knowledge that damage would 
probably result.
    (b) [Reserved]

[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18404, Apr. 28, 1989]



Sec. 151.13  Special areas for Annex I of MARPOL 73/78.

    (a) For the purposes of Sec. Sec. 151.09 through 151.25, the 
special areas are the Mediterranean Sea area, the Baltic Sea area, the 
Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden, and 
the Antarctic area which are described in Sec. 151.06. The discharge 
restrictions are effective in the Mediterranean Sea, Baltic Sea, Black 
Sea, and the Antarctic area.
    (b) Subject to the provisions of Sec. 151.11--
    (1) A ship of 400 gross tons or over and any oil tanker may not 
discharge oil or oily mixture within a special area. In the Antarctic 
area, discharge into the sea of oil or oily mixture from any ship is 
prohibited.

[[Page 269]]

    (2) A ship of less than 400 gross tons other than an oil tanker may 
not discharge oil or oily mixture within a special area, unless the oil 
content of the effluent without dilution does not exceed 15 parts per 
million (ppm).
    (3) All ships operating in the Antarctic area must have on board a 
tank or tanks of sufficient capacity to retain all oily mixtures while 
operating in the area and arrangements made to discharge oily mixtures 
at a reception facility outside the Antarctic area.
    (c) The provisions of paragraph (b) of this section do not apply to 
the discharge of clean or segregated ballast.
    (d) The provisions of paragraph (b)(1) of this section do not apply 
to the discharge of processed bilge water from machinery space bilges, 
provided that all of the following conditions are satisfied--
    (1) The bilge water does not originate from cargo pump room bilges;
    (2) The bilge water is not mixed with oil cargo residues;
    (3) The ship is proceeding enroute;
    (4) The oil content of the effluent without dilution does not exceed 
15 ppm;
    (5) The ship has in operation oily-water separating equipment 
complying with Part 155 of this chapter; and
    (6) The oily-water separating equipment is equipped with a device 
that stops the discharge automatically when the oil content of the 
effluent exceeds 15 ppm.
    (e) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this section.
    (f) The oily mixtures that cannot be discharged into the sea in 
compliance with paragraphs (b), (c), or (d) of this section shall be 
retained on board or discharged to reception facilities.
    (g) Nothing in this section prohibits a ship on a voyage, only part 
of which is in a special area, from discharging outside the special area 
in accordance with Sec. 151.10.
    (h) In accordance with paragraph (7)(b)(iii) of Regulation 10 of 
Annex I of MARPOL 73/78, the discharge restrictions in Sec. 151.13 for 
the Red Sea area, Gulfs area, and the Gulf of Aden area will enter into 
effect when each party to MARPOL 73/78 whose coastline borders the 
special area has certified that reception facilities are available and 
the IMO has established an effective date for each special area. Notice 
of the effective dates for the discharge requirements in these special 
areas will be published in the Federal Register and reflected in this 
section.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; CGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 94-056, 60 FR 43377, Aug. 21, 1995; USCG-2000-
7641, 66 FR 55571, Nov. 2, 2001]



Sec. 151.15  Reporting requirements.

    (a) The Master or other person having charge of a ship involved in 
an incident referred to in paragraph (e) of this section, shall report 
the particulars of such incident without delay and to the fullest extent 
possible in accordance with the provisions of this section.
    (b) In the event of the ship referred to in paragraph (a) of this 
section being abandoned, or in the event of a report from such ship 
being incomplete or unobtainable, the owner, charterer, manager or 
operator of the ship, or their agents shall, to the fullest extent 
possible assume the obligations placed upon the Master or other person 
having charge of the ship under the provisions of this section.
    (c) Each report shall be made by radio whenever possible, but in any 
case by the fastest available means at the time the report is made.
    (d) Reports shall be directed to the appropriate officer or agency 
of the government of the country in whose waters the incident occurs. 
Additionally, for incidents involving U.S. ships, the reports shall be 
directed to either the nearest Coast Guard Captain of the Port (COTP) or 
to the National Response Center (NRC), toll free telephone number 800-
424-8802, telex number 892427.
    (e) The report shall be made whenever an incident involves--
    (1) A discharge other than as permitted under this part; or
    (2) A discharge permitted under this part by virtue of the fact 
that--
    (i) It is for the purpose of securing the safety of a ship or saving 
life at sea; or

[[Page 270]]

    (ii) It results from damage to the ship or its equipment; or
    (3) The probability of a discharge referred to in paragraphs (e)(1) 
or (e)(2) of this section.
    (f) Each report shall contain--
    (1) The identity of the ship;
    (2) The time and date of the occurrence of the incident;
    (3) The geographic position of the ship when the incident occurred;
    (4) The wind and sea condition prevailing at the time of the 
incident;
    (5) Relevant details respecting the condition of the ship; and
    (6) A statement or estimate of the quantity of oil or oily mixtures 
discharged or likely to be discharged into the sea.
    (g) Each person who is obligated under the provisions of this 
section to send a report shall--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.
    (h) A report made under this section will satisfy the reporting 
requirement of Sec. 153.203 of this chapter.



Sec. 151.17  Surveys.

    (a) Every U.S. oil tanker of 150 gross tons and above, and every 
other U.S. ship of 400 gross tons and above; that is required to have an 
International Oil Pollution Prevention (IOPP) Certificate on board and 
to which this part applies, except as provided for in paragraphs (b) and 
(d) of this section; is subject to the following surveys conducted by 
the Coast Guard--
    (1) An initial survey, conducted before the ship is put in service 
or before an IOPP Certificate required under Sec. 151.19 is issued for 
the first time; this survey includes a complete examination of its 
structure, equipment, systems, fittings, arrangements and material in so 
far as the ship is covered by this chapter.
    (2) Periodic renewal surveys conducted at intervals corresponding 
with the renewal of the IOPP Certificates. The purpose of the survey is 
to determine whether the structure, equipment, systems, fittings, 
arrangements, and material comply with the requirements of Parts 155 and 
157 of this chapter.
    (3) Annual surveys for inspected ships conducted as close as 
practicable to twelve (12) and thirty-six (36) months from the date of 
issuance of the IOPP Certificate, and not more than two months prior to 
or later than these twelve and thirty-six month dates; this survey is to 
determine that the oily-water separating equipment and associated pumps 
and piping systems remain satisfactory for the service intended, and 
that no unauthorized alterations have been made, and is to be endorsed 
on the IOPP Certificate.
    (4) Intermediate surveys for inspected ships conducted as close as 
practicable to twenty-four (24) months from the date of issuance of the 
IOPP Certificates, and not more than six months prior to or later than 
that twenty-four month date; this survey is to determine whether the 
equipment and associated pump and piping systems, including oil 
discharge monitoring and control systems, and oily-water separating 
equipment comply with the requirements of Parts 155 and 157 of this 
chapter, and are in good working order, and is to be endorsed on the 
IOPP Certificate.
    (5) Intermediate surveys for uninspected ships conducted as close as 
practicable to thirty (30) months from the date of issuance of the IOPP 
Certificate, and not more than six months prior to or later than that 
thirty month date; this survey is to determine whether the equipment and 
associated pump and piping systems, including oil discharge monitoring 
and control systems, and oily-water separating equipment comply with the 
requirements of Parts 155 and 157 of this chapter, and are in good 
working order, and is to be endorsed on the IOPP Certificate.
    (b) Every U.S. inspected oil tanker of 150 gross tons and above, and 
every other U.S. inspected ship of 400 gross tons and above; that is not 
required to have an IOPP Certificate on board is subject to the 
following surveys to be conducted by the Coast Guard--
    (1) An initial survey conducted before the ship is put into service.

[[Page 271]]

    (2) All other surveys are conducted concurrently with either 
inspections for certification or required reinspections.
    (c) After any survey of a ship under this section has been 
completed, no significant change may be made in the construction, 
equipment, fittings, arrangements or material covered by the survey 
without the sanction of the COTP or OCMI except for the direct 
replacement of such equipment or fittings.
    (d) Fixed and floating drilling rigs and other platforms, barges, 
and uninspected ships; that are not required to have an IOPP Certificate 
on board are not required to be surveyed under this section.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by USCG-1998-3799, 
63 FR 35530, June 30, 1998]



Sec. 151.19  International Oil Pollution Prevention (IOPP) Certificates.

    (a) Each U.S. oil tanker of 150 gross tons and above and each other 
U.S. ship of 400 gross tons and above; that engages in voyages to ports 
or off-shore terminals under the jurisdiction of other parties to MARPOL 
73/78 must have on board a valid International Oil Pollution Prevention 
(IOPP) Certificate.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
other than the United States that is party to MARPOL 73/78, must have on 
board a valid IOPP Certificate.
    (c) An IOPP Certificate is issued by a COTP, OCMI, or a 
classification society authorized under 46 CFR part 8, after a 
satisfactory survey in accordance with the provisions of Sec. 151.17.
    (d) The Supplement to the IOPP Certificate is a part of the IOPP 
Certificate and must remain attached to that Certificate. If the 
Supplement to the Certificate is changed, a new IOPP Certificate will be 
required.
    (e) The IOPP Certificate for each inspected or uninspected ship is 
valid for a maximum period of 5 years from the date of issue, except as 
follows:
    (1) A Certificate ceases to be valid if significant alterations have 
taken place in the construction, equipment, fittings, or arrangements 
required by the pollution prevention requirements of parts 155 or 157 of 
this chapter without the approval of the COTP or the OCMI.
    (2) A Certificate Ceases to be valid if intermediate surveys as 
required by Sec. 151.17 of this part are not carried out.
    (3) A Certificate issued to a ship ceases to be valid upon transfer 
of the ship to the flag of another country.

(Approved by the Office of Management and Budget under control number 
2115-0526)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR 
67531, Dec. 24, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-
2000-7223, 65 FR 40057, June 29, 2000; USCG-2000-7641, 66 FR 55571, Nov. 
2, 2001]



Sec. 151.21  Ships of countries not party to MARPOL 73/78.

    (a) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
not a party to MARPOL 73/78, must have on board valid documentation 
showing that the ship has been surveyed in accordance with and complies 
with the requirements of MARPOL 73/78. Evidence of compliance may be 
issued by either the government of a country that is party to MARPOL 73/
78 or a recognized classification society.
    (b) Evidence of compliance must contain all of the information in, 
and have substantially the same format as, the IOPP Certificate.

(Approved by the Office of Management and Budget under control number 
2115-0526)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 93-030, 59 FR 
51338, Oct. 7, 1994]



Sec. 151.23  Inspection for compliance and enforcement.

    (a) While at a port or terminal under the jurisdiction of the United 
States, a ship is subject to inspection by the Coast Guard--
    (1) To determine that a valid IOPP Certificate is on board and that 
the condition of the ship and its equipment corresponds substantially 
with the particulars of the IOPP Certificate;
    (2) To determine that evidence of compliance with MARPOL 73/78, as 
required by Sec. 151.21 is on board and that

[[Page 272]]

the condition of the ship and its equipment corresponds substantially 
with the particulars of this evidence of compliance;
    (3) To determine whether a ship has been operating in accordance 
with and has not discharged any oil or oily mixtures in violation of the 
provisions of MARPOL 73/78 or this subchapter;
    (4) To determine whether a ship has discharged oil or oily mixtures 
anywhere in violation of MARPOL 73/78, upon request from a party to 
MARPOL 73/78 for an investigation when the requesting party has 
furnished sufficient evidence to support a reasonable belief that a 
discharge has occurred.
    (b) A ship that does not comply with the requirements of Parts 151, 
155 and 157 of this chapter, or where the condition of the ship or its 
equipment does not substantially agree with the particulars of the IOPP 
Certificate or other required documentation, may be detained by order of 
the COTP or OCMI, at the port or terminal where the violation is 
discovered until, in the opinion of the detaining authority, the ship 
can proceed to sea without presenting an unreasonable threat of harm to 
the marine environment. The detention order may authorize the ship to 
proceed to the nearest appropriate available shipyard rather than 
remaining at the place where the violation was discovered.
    (c) An inspection under this section may include an examination of 
the Oil Record Book, the oil content meter continuous records, and a 
general examination of the ship. A copy of any entry in the Oil Record 
Book may be made and the Master of the ship may be required to certify 
that the copy is a true copy of such entry.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.25  Oil Record Book.

    (a) Each oil tanker of 150 gross tons and above, ship of 400 gross 
tons and above other than an oil tanker, and manned fixed or floating 
drilling rig or other platform shall maintain an Oil Record Book Part I 
(Machinery Space Operations). An oil tanker of 150 gross tons and above 
or a non oil tanker that carries 200 cubic meters or more of oil in 
bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast 
Operations).
    (b) An Oil Record Book printed by the U.S. Government is available 
to the masters or operators of all U.S. ships subject to this section, 
from any Coast Guard Marine Safety Office, Marine Inspection Office, or 
Captain of the Port Office.
    (c) The ownership of the Oil Record Book of all U.S. ships remains 
with the U.S. Government.
    (d) Entries shall be made in the Oil Record Book on each occasion, 
on a tank to tank basis if appropriate, whenever any of the following 
machinery space operations take place on any ship to which this section 
applies--
    (1) Ballasting or cleaning of fuel oil tanks;
    (2) Discharge of ballast containing an oily mixture or cleaning 
water from fuel oil tanks;
    (3) Disposal of oil residue; and
    (4) Discharge overboard or disposal otherwise of bilge water that 
has accumulated in machinery spaces.
    (e) Entries shall be made in the Oil Record Book on each occasion, 
on a tank to tank basis if appropriate, whenever any of the following 
cargo/ballast operations take place on any oil tanker to which this 
section applies--
    (1) Loading of oil cargo;
    (2) Internal transfer of oil cargo during voyage;
    (3) Unloading of oil cargo;
    (4) Ballasting of cargo tanks and dedicated clean ballast tanks;
    (5) Cleaning of cargo tanks including crude oil washing;
    (6) Discharge of ballast except from segregated ballast tanks;
    (7) Discharge of water from slop tanks;
    (8) Closing of all applicable valves or similar devices after slop 
tank discharge operations;
    (9) Closing of valves necessary for isolation of dedicated clean 
ballast tanks from cargo and stripping lines after slop tank discharge 
operations; and
    (10) Disposal of oil residue.
    (f) Entries shall be made in the Oil Record Book on each occasion, 
on a tank-to-tank basis if appropriate,

[[Page 273]]

whenever any of the following operations take place on a fixed or 
floating drilling rig or other platform to which this section applies--
    (1) Discharge of ballast or cleaning water from fuel oil tanks; and
    (2) Discharge overboard of platform machinery space bilge water.
    (g) In the event of an emergency, accidental or other exceptional 
discharge of oil or oily mixture, a statement shall be made in the Oil 
Record Book of the circumstances of, and the reasons for, the discharge.
    (h) Each operation described in paragraphs (d), (e) and (f) of this 
section shall be fully recorded without delay in the Oil Record Book so 
that all the entries in the book appropriate to that operation are 
completed. Each completed operation shall be signed by the person or 
persons in charge of the operations concerned and each completed page 
shall be signed by the master or other person having charge of the ship.
    (i) The Oil Record Book shall be kept in such a place as to be 
readily available for inspection at all reasonable times and shall be 
kept on board the ship.
    (j) The master or other person having charge of a ship required to 
keep an Oil Record Book shall be responsible for the maintenance of such 
record.
    (k) The Oil Record Book for a U.S. ship shall be maintained on board 
for not less than three years.
    (l) This section does not apply to a barge or a fixed or floating 
drilling rig or other platform that is not equipped to discharge 
overboard any oil or oily mixture.
    (m) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating in compliance with a valid National 
Pollutant Discharge Elimination System (NPDES) permit.

(Approved by the Office of Management and Budget under control number 
2115-0025)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as 
amended by CGD 88-002A, 55 FR 18582, May 2, 1990; USCG-2000-7641, 66 FR 
55571, Nov. 2, 2001]



Sec. 151.26  Shipboard oil pollution emergency plans.

    (a) Language of the plan. The shipboard oil pollution emergency plan 
must be available on board in English and in the working language of the 
master and the officers of the ship, if other than English.
    (b) Plan format. The plan must contain the following six sections. A 
seventh non-mandatory section may be included at the shipowner's 
discretion:
    (1) Introduction. This section must contain the following:
    (i) Introductory text. The introductory text of the plan must 
contain the following language (For ships operating in Antarctica, the 
introductory text of the plan must contain the following language and 
explain that they are in accordance with the Protocol on Environmental 
Protection to the Antarctic Treaty):

    This plan is written in accordance with the requirements of 
Regulation 26 of Annex I of the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 
1978 relating thereto (MARPOL 73/78).
    The purpose of the plan is to provide guidance to the master and 
officers on board the ship with respect to the steps to be taken when a 
pollution incident has occurred or is likely to occur.
    The plan contains all information and operational instructions 
required by the guidelines (Resolution MEPC.54(32)). The appendices 
contain names, telephone numbers, telex numbers, etc. of all contacts 
referenced in the plan, as well as other reference material.
    This plan has been approved by the Coast Guard and, except as 
provided below, no alteration or revision may be made to any part of it 
without the prior approval of the Coast Guard.
    Changes to the seventh section of the plan and the appendices do not 
require approval by the Coast Guard. The appendices must be maintained 
up-to-date by the owners, operators, and managers.

    (ii) General information.
    (A) The ship's name, call sign, official number, International 
Maritime Organization (IMO) international number, and principal 
characteristics.
    (B) [Reserved]
    (2) Preamble. This section must contain an explanation of the 
purpose and use of the plan and indicate how the shipboard plan relates 
to other shore-based plans.
    (3) Reporting Requirements. This section of the plan must include 
information relating to the following:

[[Page 274]]

    (i) When to report. A report shall be made whenever an incident 
involves--
    (A) A discharge of oil or oily mixture resulting from damage to the 
ship or its equipment, or for the purpose of securing the safety of a 
ship or saving life at sea;
    (B) A discharge of oil or oily mixture during the operation of the 
ship in excess of the quantities or instantaneous rate permitted in 
Sec. 151.10 of this subpart or in Sec. 157.37 of this subchapter; or
    (C) A probable discharge. Factors to be considered in determining 
whether a discharge is probable include, but are not limited to: ship 
location and proximity to land or other navigational hazards, weather, 
tide, current, sea state, and traffic density. The master must make a 
report in cases of collision, grounding, fire, explosion, structural 
failure, flooding or cargo shifting, or an incident resulting in failure 
or breakdown of steering gear, propulsion, electrical generating system, 
or essential shipborne navigational aids.
    (ii) Information required. This section of the plan must include a 
notification form, such as that depicted in Table151.26(b)(3)(ii)(A), 
that contains information to be provided in the initial and follow-up 
notifications. The initial notification should include as much of the 
information on the form as possible, and supplemental information, as 
appropriate. However, the initial notification must not be delayed 
pending collection of all information. Copies of the form must be placed 
at the location(s) on the ship from which notification may be made.

[[Page 275]]

[GRAPHIC] [TIFF OMITTED] TR07OC94.020


[[Page 276]]


[GRAPHIC] [TIFF OMITTED] TR07OC94.021

    (iii) Whom to contact. (A) This section of the plan must make 
reference to the appendices listing coastal state contacts, port 
contacts, and ship interest contacts.
    (B) For actual or probable discharges of oil, or oily mixtures the 
reports must comply with the procedures described in MARPOL Protocol I. 
The reports shall be directed to either the nearest Captain of the Port 
(COTP) or to the National Response Center (NRC), toll free number 800-
424-8802.
    (C) For Antarctica, in addition to compliance with paragraph 
(b)(3)(iii)(B) of this section, reports shall also be directed to any 
Antarctic station that may be affected.
    (4) Steps to control a discharge. This section of the plan must 
contain a discussion of procedures to address the following scenarios:
    (i) Operational spills: The plan must outline procedures for removal 
of oil spilled and contained on deck. The plan must also provide 
guidance to ensure proper disposal of recovered oil and cleanup 
materials;
    (A) Pipe leakage: The plan must provide specific guidance for 
dealing with pipe leakage;
    (B) Tank overflow: The plan must include procedures for dealing with 
tank overflows. It must provide alternatives such as transferring cargo 
or bunkers to empty or slack tanks, or readying pumps to transfer the 
excess ashore;
    (C) Hull leakage: The plan must outline procedures for responding to 
spills due to suspected hull leakage, including guidance on measures to 
be taken to reduce the head of oil in the tank involved either by 
internal transfer or discharge ashore. Procedures to handle situations 
where it is not possible to identify the specific tank from which

[[Page 277]]

leakage is occurring must also be provided. Procedures for dealing with 
suspected hull fractures must be included. These procedures must take 
into account the effect of corrective actions on hull stress and 
stability.
    (ii) Spills resulting from casualties: Each of the casualties listed 
below must be treated in the plan as a separate section comprised of 
various checklists or other means which will ensure that the master 
considers all appropriate factors when addressing the specific casualty. 
These checklists must be tailored to the specific ship. In addition to 
the checklists, specific personnel assignments for anticipated tasks 
must be identified. Reference to existing fire control plans and muster 
lists is sufficient to identify personnel responsibilities in the 
following situations:
    (A) Grounding;
    (B) Fire or explosion;
    (C) Collision;
    (D) Hull failure; and
    (E) Excessive list.
    (iii) In addition to the checklist and personnel duty assignments 
required by paragraph (b)(4)(ii) of this section, the plan must 
include--
    (A) Priority actions to ensure the safety of personnel and the ship, 
assess the damage to the ship, and take appropriate further action;
    (B) Information for making damage stability and longitudinal 
strength assessments, or contacting classification societies to acquire 
such information. Nothing in this section shall be construed as creating 
a requirement for damage stability plans or calculations beyond those 
required by law or regulation; and
    (C) Lightening procedures to be followed in cases of extensive 
structural damage. The plan must contain information on procedures to be 
followed for ship-to-ship transfer of cargo. Reference may be made in 
the plan to existing company guides. A copy of such company procedures 
for ship-to-ship transfer operations must be kept in the plan. The plan 
must address the coordination of this activity with the coastal or port 
state, as appropriate.
    (5) National and Local Coordination. (i) This section of the plan 
must contain information to assist the master in initiating action by 
the coastal State, local government, or other involved parties. This 
information must include guidance to assist the master with organizing a 
response to the incident should a response not be organized by the shore 
authorities. Detailed information for specific areas may be included as 
appendices to the plan.
    (ii) For Antarctica, a vessel owner or operator must include a plan 
for prompt and effective response action to such emergencies as might 
arise in the performance of its vessel's activities.
    (iii) To comply with paragraph (b)(5)(ii) of this section, an agency 
of the United States government may promulgate a directive providing for 
prompt and effective response by the agency's public vessels operating 
in Antarctica.
    (6) Appendices. Appendices must include the following information:
    (i) Twenty-four hour contact information and alternates to the 
designated contacts. These details must be routinely updated to account 
for personnel changes and changes in telephone, telex, and telefacsimile 
numbers. Clear guidance must also be provided regarding the preferred 
means of communication.
    (ii) The following lists, each identified as a separate appendix:
    (A) A list of agencies or officials of coastal state administrations 
responsible for receiving and processing incident reports;
    (B) A list of agencies or officials in regularly visited ports. When 
this is not feasible, the master must obtain details concerning local 
reporting procedures upon arrival in port; and
    (C) A list of all parties with a financial interest in the ship such 
as ship and cargo owners, insurers, and salvage interests.
    (D) A list which specifies who will be responsible for informing the 
parties listed and the priority in which they must be notified.
    (iii) A record of annual reviews and changes.
    (7) Non-mandatory provisions. If this section is included by the 
shipowner, it should include the following types of information or any 
other information that may be appropriate:
    (i) Diagrams;

[[Page 278]]

    (ii) Response equipment or oil spill removal organizations;
    (iii) Public affairs practices;
    (iv) Recordkeeping;
    (v) Plan exercising; and
    (vi) Individuals qualified to respond.
    (8) Index of sections. The plan must be organized as depicted in 
Table 151.26(b)(8).

          Table 151.26(b)(8)--Index of Sections--Sample Format

                                Mandatory

Section 1: Introduction
Section 2: Preamble
Section 3: Reporting requirements
Section 4: Steps to control a discharge
Section 5: National and local coordination
Section 6: Appendices

                                Voluntary

Section 7: Non-mandatory provisions

[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97-015, 62 FR 
18045, Apr. 14, 1997; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]



Sec. 151.27  Plan submission and approval.

    (a) No manned ship subject to this part may operate unless it 
carries on board a shipboard oil pollution emergency plan approved by 
the Coast Guard. An unmanned ship subject to this regulation must carry 
the notification list required in Sec. 151.26(b)(3) on board in the 
documentation container; remaining sections of the plan must be 
maintained on file at the home office. For new ships, plans must be 
submitted at least 90 days before the ship intends to begin operations.
    (b) An owner or operator of a ship to which this part applies shall 
prepare and submit one English language copy of the shipboard oil 
pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, 2100 
Second Street SW., Washington, DC 20593-0001.
    (c) An owner or operator with multiple ships to which this part 
applies may submit one plan for each type of ship with a separate ship-
specific appendix for each vessel covered by the plan.
    (d) Combined shipboard oil pollution emergency plans and response 
plans meeting the requirements of subparts D and E of part 155 of this 
chapter must be prepared according to Sec. 155.1030(j) of this chapter.
    (e) If the Coast Guard determines that the plan meets all 
requirements of this section, the Coast Guard will notify the owner or 
operator of the ship and return a copy of the approved plan along with 
an approval letter. The approval period for a plan expires 5 years after 
the plan approval date.
    (f) If the Coast Guard determines that the plan does not meet all of 
the requirements, the Coast Guard will notify the owner or operator of 
the plan's deficiencies. The owner or operator must then resubmit two 
copies of the revised plan, or corrected portions of the plan, within 
time period specified in the written notice provided by the Coast Guard.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; USCG-1998-3799, 63 FR 35530, June 30, 1998]



Sec. 151.28  Plan review and revision.

    (a) An owner or operator of a ship to which this subpart applies 
must review the shipboard oil pollution emergency plan annually and 
submit a letter to Commandant (G-MOR) certifying that the review has 
been completed. This review must occur within 1 month of the anniversary 
date of Coast Guard approval of the plan.
    (b) The owner or operator shall submit any plan amendments to 
Commandant (G-MOR) for information or approval.
    (c) The entire plan must be resubmitted to Commandant (G-MOR) for 
reapproval 6 months before the end of the Coast Guard approval period 
identified in Sec. 151.27(e) of this subpart.
    (d) A record of annual review and changes to the plan must be 
maintained in the last appendix of section six of the plan.
    (e) Except as provided in paragraph (f) of this section, revisions 
must receive prior approval by the Coast Guard before they can be 
incorporated into the plan.
    (f) Revisions to the seventh section of the plan and the appendices 
do not require approval by the Coast Guard. The

[[Page 279]]

Coast Guard shall be advised and provided a copy of the revisions as 
they occur.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 151.29  Foreign ships.

    (a) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
other than the United States that is party to MARPOL 73/78, shall, while 
in the navigable waters of the United States or while at a port or 
terminal under the jurisdiction of the United States, carry on board a 
shipboard oil pollution emergency plan approved by its flag state.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of 
this subpart while in the navigable waters of the United States.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994]

                   Noxious Liquid Substance Pollution

    Source: Sections 151.30 through 151.49 appear by CGD 85-010, 52 FR 
7759, Mar. 12, 1987, unless otherwise noted.



Sec. 151.30  Applicability.

    (a) Except as provided in paragraph (b) of this section, Sec. Sec. 
151.30 through 151.49 apply to each ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.05-10 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.30 through 151.49 do not apply to--
    (1) A tank barge whose certificate is endorsed by the Coast Guard 
for a limited short protected coastwise route if the barge is 
constructed and certificated primarily for service on an inland route;
    (2) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;
    (3) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (4) A Canadian or U.S. ship being operated exclusively on the 
internal waters of the United States and Canada; or
    (5) Any other ship specifically excluded by MARPOL 73/78.
    Note: The term ``internal waters'' is defined in Sec. 2.05-20 of 
this chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.31  Where to find requirements applying to oceangoing ships 
carrying Category A, B, C, and D NLS.

    (a) The requirements for oceangoing ships carrying NLSs listed in 
Sec. Sec. 151.47 and 151.49 are in Sec. Sec. 151.33 through 151.45.
    (b) The requirements for oceangoing ships carrying NLSs listed in 
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which 
are not listed in Sec. 151.47 or Sec. 151.49, are in 46 CFR parts 98, 
151, and 153.
    (c) Alternatives to the requirements in this part for oceangoing 
ships carrying NLSs are in 46 CFR part 153.
    (d) Procedures for obtaining permission to carry an NLS not listed 
in Sec. 151.47, Sec. 151.49, Table 151.05 of 46 CFR part 151, or Table 
1 of 46 CFR part 153 are in 46 CFR 153.900(c).



Sec. 151.32  Special areas for the purpose of Annex II.

    (a) For the purposes of Sec. Sec. 151.30 through 151.49, the 
special areas are the Baltic Sea area, the Black Sea area, and the 
Antarctic area which are described in Sec. 151.06. Discharges into the 
sea of NLSs or mixtures containing

[[Page 280]]

such substances are prohibited in the Antarctic area.
    (b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II 
of MARPOL 73/78, the discharge restrictions in Sec. 151.32 for the 
Baltic Sea area and the Black Sea area will enter into effect when each 
Party to MARPOL 73/78 whose coastline borders the special area has 
certified that reception facilities are available and the IMO has 
established an effective date for each special area. Notice of the 
effective date for discharge requirements in these areas will be 
published in the Federal Register and reflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.33  Certificates needed to carry Category C Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category C oil-like NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages in a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), that allows the NLS to be carried in that cargo tank; 
or
    (2) A Certificate of Fitness issued under 46 CFR part 153 that 
allows the NLS to be carried in that cargo tank.
    (b) A foreign oceangoing ship operating in the navigable waters of 
the U.S. may not carry a Category C oil-like NLS listed in Sec. 151.49 
in a cargo tank unless the ship has--
    (1) An Attachment for NLSs to the IOPP Certificate that allows the 
NLS to be carried in that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR Part 153 to 
allow the NLS to be carried in that cargo tank.
    (c) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like 
NLS listed in Sec. 151.49 in a cargo tank unless the ship has a 
Certificate of Inspection endorsed to allow the NLS to be carried in 
that cargo tank, and if the ship engages in a foreign voyage, an NLS 
Certificate issued under Sec. 151.37(b) that allows the NLS to be 
carried in that cargo tank.



Sec. 151.35  Certificates needed to carry Category D NLS and Category 
D Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category D NLS listed in 
Sec. 151.47 in a cargo tank unless the ship has a Certificate of 
Inspection endorsed to allow the NLS to be carried in that cargo tank, 
and if the ship engages if a foreign voyage--
    (1) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank; or
    (2) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the NLS to be carried in that cargo tank.
    (b) A U.S. oceangoing ship may not carry a Category D oil-like NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages if a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), to allow the NLS to be carried in that cargo tank; or
    (2) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank, or
    (3) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the NLS to be carried in that cargo tank.
    (c) A foreign oceangoing ship in the navigable waters of the U.S. 
may not carry a Category D NLS listed in Sec. 151.47 in a cargo tank 
unless the ship has one of the following:
    (1) An NLS Certificate endorsed to allow the NLS to be carried in 
that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in that cargo tank.
    (d) A foreign oceangoing ship in the navigable waters of the U.S. 
may not carry a Category D oil-like NLS listed in Sec. 151.49 in a 
cargo tank unless the ship has one of the following:
    (1) An Attachment for NLSs to the IOPP Certificate to allow the NLS 
to be carried in that cargo tank; or
    (2) An NLS Certificate endorsed to allow the NLS to be carried in 
the cargo tank; or
    (3) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in the cargo tank.

[[Page 281]]

    (e) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS 
listed in Sec. 151.47 or a Category D oil-like NLS listed in Sec. 
151.49 in a cargo tank unless the ship has a Certificate of Inspection 
endorsed to allow the NLS to be carried in that cargo tank, and if the 
ship engages in a foreign voyage, an NLS Certificate issued under Sec. 
151.37(b) that allows the NLS to be carried in that cargo tank.



Sec. 151.37  Obtaining an Attachment for NLSs to the IOPP Certificate 
and obtaining an NLS Certificate.

    (a) The Coast Guard or a classification society authorized under 46 
CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an 
oceangoing ship to allow the carriage of a Category C oil-like NLS or a 
Category D oil-like NLS if the following requirements are met:
    (1) Except for ships that are not configured and are not equipped to 
ballast or wash cargo tanks while proceeding en route, the ship must 
have a Coast Guard approved monitor under Sec. 157.12 that is approved 
for the cargoes that are desired to be carried.
    (2) Except as required by paragraph (a)(3), ships of 150 meters or 
less in length carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 
Regulation 14 (c) of Annex II.
    (3) A U.S. self propelled ship of 150 meters or less in length on a 
coastwise voyage carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 46 CFR 
part 172, subpart F except Sec. Sec. 172.130 and 172.133.
    (b) Except as allowed in paragraph (c) of this section, the Coast 
Guard or a classification society authorized under 46 CFR part 8 issues 
an NLS Certificate endorsed to allow the oceangoing ship engaged in a 
foreign voyage to carry a Category D NLS listed in Sec. 151.47 if the 
ship has--
    (1) An approved Procedures and Arrangements Manual and Cargo Record 
Book, both meeting the requirements in 46 CFR 153.490; and
    (2) A residue discharge system meeting 46 CFR 153.470, unless the 
approved Procedures and Arrangements Manual limits discharge of Category 
D NLS residue to the alternative provided by 46 CFR 153.1128(b).
    (c) The Coast Guard or a classification society authorized under 46 
CFR part 8 issues a NLS Certificate with the statement that the vessel 
is prohibited from discharging NLS residues to the sea if the vessel 
does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR 
67532, Dec. 24, 1997]



Sec. 151.39  Operating requirements: Category D NLS.

    The master or person in charge of an oceangoing ship that carries a 
Category D NLS listed in Sec. 151.47 shall ensure that the ship is 
operated as prescribed for the operation of oceangoing ships carrying 
Category D NLSs in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104, 
153.1106, 153.1124, 153.1126, and 153.1128.



Sec. 151.41  Operating requirements for oceangoing ships with IOPP 
Certificates: Category C and D Oil-like NLSs.

    The master or person in charge of an oceangoing ship certificated 
under Sec. 151.37(a) shall ensure that--
    (a) The carriage and discharge of the oil-like NLS meets Sec. Sec. 
157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of 
this chapter; and
    (b) The oil-like NLS is not discharged unless--
    (1) The monitor required by Sec. 151.37(a)(1) is set to detect the 
oil-like NLS; and
    (2) A statement that the monitor has been set to detect the oil-like 
NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations), 
required by Sec. 151.25.



Sec. 151.43  Control of discharge of NLS residues.

    (a) Unless the ship is a fixed or floating drilling rig or other 
platform operating under an National Pollution Discharge Elimination 
System (NPDES) permit, the master or person in charge

[[Page 282]]

of an oceangoing ship that cannot discharge NLS residue into the sea in 
accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS 
residue is--
    (1) Retained on board; or
    (2) Discharged to a reception facility.
    (b) If Category A, B, or C NLS cargo or NLS residue is to be 
transfered at a port or terminal in the United States, the master or 
person in charge of each oceangoing ship carrying NLS cargo or NLS 
residue shall notify the port or terminal at least 24 hours before 
entering the port or terminal of--
    (1) The name of the ship;
    (2) The name, category and volume of NLS cargo to be unloaded;
    (3) If the cargo is a Category B or C high viscosity NLS cargo or 
solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a 
reference to ``Sec. 153.908(a)'' or ``Sec. 153.908(b)'' in the 
``Special Requirements'' column of that table, the time of day the ship 
is estimated to be ready to discharge NLS residue to a reception 
facility;
    (4) If the cargo is any Category B or C NLS cargo not under 
paragraph (b)(3) of this section, whether or not the ship meets the 
stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
    (5) The name and the estimated volume of NLS in the NLS residue to 
be discharged;
    (6) The total volume of NLS residue to be discharged; and
    (7) The name and amount of any cleaning agents to be used during the 
prewash required by 46 CFR 153.1120.
    (c) The master or person in charge of a U.S. ship in a special area 
shall operate the ship in accordance with 46 CFR 153.903.
    Note: The master or person in charge of a ship carrying Category A 
NLS that is required to prewash tanks under the procedures in 46 CFR 
Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at 
least 24 hours before a prewash surveyor is needed.



Sec. 151.45  Reporting spills of NLS: Category A, B, C, and D.

    (a) The master or person in charge of an oceangoing ship involved in 
any incident described in paragraph (d) of this section, shall report 
the particulars of each incident without delay and to the fullest extent 
possible in accordance with the requirements of this section.
    (b) If a ship involved in an incident is abandoned, or if a report 
from that ship is incomplete or unobtainable, the owner, charterer, 
manager, or operator of that ship or their agents shall, to the fullest 
extent possible, assume the obligations placed upon the master or person 
in charge under the requirements of this section.
    (c) Each report must be made by radio or the fastest means available 
at the time the report is made to--
    (1) The appropriate officer or agency of the government of a country 
in whose waters the incident occurs; and
    (2) For incidents involving U.S. ships, the nearest Coast Guard 
Captain of the Port (COTP) or the National Response Center (NRC), toll 
free telephone number 800-424-8802, telex number 892427.
    (d) The report must be made whenever an incident involves a 
discharge or the probability of a discharge--
    (1) Other than as allowed by Sec. Sec. 151.30 through 151.49; or
    (2) Allowed by Sec. Sec. 151.30 through 151.49 because it--
    (i) Secures the safety of the ship or saves lives at sea; or
    (ii) It results from damage to the ship or its equipment.
    (e) Each report must contain--
    (1) The identity of the ship;
    (2) The name of the NLS discharged;
    (3) The time and date of the occurrence of the incident;
    (4) The geographic position of the ship when the incident occurred;
    (5) The wind and sea condition prevailing at the time of the 
incident;
    (6) Relevant details respecting the condition of the ship; and
    (7) A statement or estimate of the quantity of the NLS cargo or NLS 
residue discharged or likely to be discharged into the sea.
    (f) Each person who is obligated under the provisions of this 
section to send a report shall--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.

[[Page 283]]

    (g) A report made under this section satisfies the reporting 
requirement of Sec. 153.203 of this chapter.

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-002A, 55 FR 
18582, May 2, 1990]



Sec. 151.47  Category D NLSs other than oil-like Category D NLSs that 
may be carried under this part.

    The following is a list of Category D NLSs other than Oil-like 
Category D NLSs that the Coast Guard allows to be carried:

Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C4-C20)
Alkyl(C8-C40) phenol sulfide
Aluminum sulfate solution
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl(C11-C40) phenate
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Chlorine chloride solution
Citric acid (70% or less)
Coconut oil fatty acid methyl ester
Copper salt of long chain (C17+) alkanoic acid
Cyclohexanol
Decahydronaphthalene
Diacetone alcohol
Dialkyl(C8-C9) diphenylamines
Dialkyl(C7-C13) phthalates
Diethylene glycol
Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates
Diisononyl adipate
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates
Dipropylene glycol dibenzoate
Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates
Dodecenylsuccinic acid, dipotassium salt solution
Ethoxylated long chain (C16+) alkyloxyalkanamine
Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture
2-Ethylhexanoic acid, see Octanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt 
solution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glycerol monooleate
Glyoxal solution (40% or less)
Glyphosate solution (not containing surfactant)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution
Isophorone

[[Page 284]]

Lactic acid
Latex (ammonia (1% or less) inhibited)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl amyl ketone
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
    Oil, edible:
    Babassu
    Beechnut
    Castor
    Cocoa butter
    Coconut
    Cod liver
    Corn
    Cottonseed
    Fish
    Groundnut
    Hazelnut
    Nutmeg butter
    Olive
    Palm
    Palm kernel
    Peanut
    Poppy
    Raisin seed
    Rapeseed
    Rice bran
    Safflower
    Salad
    Sesame
    Soya bean
    Sunflower seed
    Tucum
    Vegetable
    Walnut
Oil, misc:
    Animal, n.o.s.
    Coconut oil, esterified
    Coconut oil, fatty acid methyl ester
    Lanolin
    Linseed
    Neatsfoot
    Oiticica
    Palm oil, fatty acid methyl ester
    Palm oil, methyl ester
    Perilla
    Pilchard
    Soya bean (epoxidized)
    Sperm
    Tung
    Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
Palm kernel acid oil, methyl ester
Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether, Including:
    Diethylene glycol butyl ether
    Diethylene glycol ethyl ether
    Diethylene glycol n-hexyl ether
    Diethylene glycol methyl ether
    Diethylene glycol n-propyl ether
    Dipropylene glycol butyl ether
    Dipropylene glycol methyl ether
    Polypropylene glycol methyl ether
    Triethylene glycol butyl ether
    Triethylene glycol ethyl ether
    Triethylene glycol methyl ether
    Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate, Including:
    Diethylene glycol butyl ether acetate
    Diethylene glycol ethyl ether acetate
    Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Polyalkyl(C10-C20) methacrylate
Polybutenyl succinimide
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C17+)
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether, Including:
    n-Propoxypropanol
    Propylene glycol n-butyl ether
    Propylene glycol ethyl ether
    Propylene glycol methyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution

[[Page 285]]

Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Sulfonated polyacrylate solution
Sulfolane
Sulfurized fat (C14-C20)
Sulfurized polyolefinamide alkene(C28-C250)amine
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid 
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride 
solution
Urea, Ammonium nitrate solution (2% or less NH 3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
    Candelilla
    Carnauba

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR 
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67155, Nov. 8, 
2000]



Sec. 151.49  Category C and D Oil-like NLSs allowed for carriage.

    The following is a list of Category C and D Oil-like NLSs that the 
Coast Guard allows to be carried:
    (a) The following Category C oil-like NLSs may be carried:

Aviation alkylates
Cycloheptane
Cyclohexane
Cyclopentane
p-Cymene
Ethylcyclohexane
Heptane (all isomers)
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropylcyclohexane
iso-Propylcyclohexane
Methyl cyclohexane
2-Methyl-1-pentene, see Hexene (all isomers)
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
Pentene (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes

    (b) [Reserved]

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR 
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67157, Nov. 8, 
2000]

                      Garbage Pollution and Sewage

    Source: Sections 151.51 through 151.77 and Appendix A appear by CGD 
88-002, 54 FR 18405, Apr. 28, 1989, unless otherwise noted.



Sec. 151.51  Applicability.

    (a) Except as provided by paragraph (b) of this section, Sec. Sec. 
151.51 through 151.77 apply to--
    (1) Each ship that is of United States registry or nationality, or 
one operated under the authority of the United States, including 
recreational vessels defined in 46 U.S.C. 2101(25) and uninspected 
vessels defined in 46 U.S.C. 2101(43), wherever located; and
    (2) Each ship, other than a ship referred to in paragraph (a)(1) of 
this section, while in the navigable waters or the Exclusive Economic 
Zone of the United States.
    (b) Sections 151.51 through 151.77 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by 
the United States when engaged in noncommercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.
    Note: The Exclusive Economic Zone extends from the baseline of the 
territorial sea seaward 200 miles as defined in the Presidential 
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990]



Sec. 151.53  Special areas for Annex V of MARPOL 73/78.

    (a) For the purposes of Sec. Sec. 151.51 through 151.77, the 
special areas are the Mediterranean Sea area, the Baltic Sea

[[Page 286]]

area, the Black Sea area, the Red Sea area, the Gulf areas, the North 
Sea area, the Antarctic area, and the Wider Caribbean region, including 
the Gulf of Mexico and the Caribbean Sea which are described in Sec. 
151.06. The discharge restrictions are effective in the Baltic Sea, the 
North Sea, and the Antarctic area.
    (b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V 
of MARPOL 73/78, the discharge restrictions in Sec. 151.71 for special 
areas will enter into effect when each party to MARPOL 73/78 whose 
coastline borders the special area has certified that reception 
facilities are available and the IMO has established an effective date 
for each special area. Notice of the effective dates for the discharge 
requirements in each special area will be published in the Federal 
Register and reflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.55  Recordkeeping requirements.

    (a) This section applies to the following:
    (1) Every manned oceangoing ship (other than a fixed or floating 
platform) of 400 gross tons and above that is engaged in commerce and 
that is documented under the laws of the United States or numbered by a 
State.
    (2) Every manned fixed or floating platform subject to the 
jurisdiction of the United States.
    (3) Every manned ship that is certified to carry 15 passengers or 
more engaged in international voyages.
    (b) The master or person in charge of each ship under paragraph 
(a)(1), (a)(2), or (a)(3) of this section shall ensure that a written 
record is maintained on the ship of each of the following garbage 
discharge or disposal operations:
    (1) Discharge overboard.
    (2) Discharge to another ship.
    (3) Discharge to a reception facility.
    (4) Incineration on the ship.
    (c) The record under paragraph (b) of this section must contain the 
following information on each discharge or disposal operation:
    (1) The type of operation as described under paragraphs (b)(1) 
through (b)(4) of this section.
    (2) The date and time of the operation.
    (3) If the operation was conducted at a port, the name of the port.
    (4) If the operation was not conducted at a port, the latitude and 
longitude of the location where the operation was conducted and the 
estimated distance of that location from shore. If the operation 
involved off-loading to another ship, the identity of the receiving ship 
by name and official number.
    (5) The amount of garbage involved, described by volume in cubic 
meters.
    (6) For discharges into the sea, a description of the contents of 
the garbage, described by the following categories:
    (i) Plastic material.
    (ii) Floating dunnage, lining, or packing material.
    (iii) Ground paper products, rags, glass, metal, bottles, crockery, 
or other similar garbage.
    (iv) Unground paper products, rags, glass, metal, bottles, crockery, 
or other similar garbage.
    (v) Victual wastes.
    (vi) Incinerated ash.
    (vii) Incinerated plastic residue.
    (d) The record under paragraph (b) of this section must be prepared 
at the time of the operation, certified as correct by the master or 
person in charge of the ship, maintained on the ship for two years 
following the operation, and made available for inspection by the Coast 
Guard.

[CGD 92-71, 59 FR 18703, Apr. 19, 1994, as amended by USCG-2000-7641, 66 
FR 55571, Nov. 2, 2001]



Sec. 151.57  Waste management plans.

    (a) This section applies to the following:
    (1) Each manned oceangoing ship (other than a fixed or floating 
platform) of 40 feet or more in length that is documented under the laws 
of the United States or numbered by a state and that either is engaged 
in commerce or is equipped with a galley and berthing.
    (2) Each manned fixed or floating platform that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States, including, 
but not limited to, a lease or permit issued by an agency of the United 
States.

[[Page 287]]

    (b) The master or person in charge of a ship under paragraphs (a)(1) 
and (a)(2) of this section shall ensure that the ship is not operated 
unless a waste management plan meeting paragraph (c) of this section is 
on the ship and that each person handling garbage follows the plan.
    (c) Each waste management plan under paragraph (b) of this section 
must be in writing and--
    (1) Provide for the discharge of garbage by means that meet Annex V 
of MARPOL 73/78, the Act, and Sec. Sec. 151.51 through 151.77;
    (2) Describe procedures for collecting, processing, storing, and 
discharging garbage; and
    (3) Designate the person who is in charge of carrying out the plan.

(Approved by the Office of Management and Budget under control number 
2115-0120)

[CGD 88-002A, 55 FR 18582, May 2, 1990]



Sec. 151.59  Placards.

    (a) This section applies to the following:
    (1) Each manned U.S. ship (other than a fixed or floating platform) 
that is 26 feet or more in length.
    (2) Each manned floating platform in transit that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States, including, 
but not limited to, a lease or permit issued by an agency of the United 
States.
    (b) The master or person in charge of each ship under paragraph 
(a)(1) or (a)(2) of this section shall ensure that one or more placards 
meeting the requirements of this section are displayed in prominent 
locations and in sufficient numbers so that they can be read by the crew 
and passengers. These locations must be readily accessible to the 
intended reader and may include embarkation points, food service 
facilities, garbage handling spaces, and common spaces on deck. If the 
Captain of the Port determines that the number or location of the 
placards is insufficient to adequately inform crew and passengers, the 
Captain of the Port may require additional placards and may specify 
their locations.
    (c) Each placard must be at least nine inches wide by four inches 
high, made of a durable material, and lettered with letters at least \1/
8\ inch high.
    (d) Except as under paragraph (e) of this section, the placard must 
notify the reader of the following:
    (1) The discharge of plastic or garbage mixed with plastic into any 
waters is prohibited.
    (2) The discharge of all garbage is prohibited in the navigable 
waters of the United States and, in all other waters, within three 
nautical miles of the nearest land.
    (3) The discharge of dunnage, lining, and packing materials that 
float is prohibited within 25 nautical miles of the nearest land.
    (4) Other unground garbage may be discharged beyond 12 nautical 
miles from the nearest land.
    (5) Other garbage ground to less than one inch may be discharged 
beyond three nautical miles of the nearest land.
    (6) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the 
language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language penalty amounts contained in the 
CFR are controlling.
    (7) Regional, State, and local restrictions on garbage discharges 
also may apply.
    (e) For ships while operating on the Great Lakes or their connecting 
or tributary waters, the placard must--
    (1) Notify the reader of the information in paragraph (d) of this 
section; or
    (2) Notify the reader of the following:
    (i) The discharge of all garbage into the Great Lakes or their 
connecting or tributary waters is prohibited.
    (ii) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the

[[Page 288]]

language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language, penalty amounts contained in the 
CFR are controlling.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997; 62 FR 31340, June 9, 1997]



Sec. 151.61  Inspection for compliance and enforcement.

    While within the navigable waters of the United States or the 
Exclusive Economic Zone, a ship is subject to inspection by the Coast 
Guard or other authorized federal agency to determine if--
    (a) The ship has been operating in accordance with these regulations 
and has not discharged plastics or other garbage in violation of the 
provisions of the Act or Annex V of MARPOL 73/78;
    (b) Grinders or comminuters used for the discharge of garbage 
between 3 and 12 nautical miles from nearest land are capable of 
reducing the size of garbage so that it will pass through a screen with 
openings no greater than 25 millimeters (one inch);
    (c) Information for recordkeeping requirements, when required under 
Sec. 151.55, is properly and accurately logged;
    (d) A waste management plan, when required under Sec. 151.57, is on 
board and that the condition of the ship, equipment and operational 
procedures of the ship meet the plan; and
    (e) Placards, when required by Sec. 151.59, are posted on board.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.63  Shipboard control of garbage.

    (a) The master, operator, or person who is in charge of a ship shall 
ensure that all garbage is discharged ashore or in accordance with 
Sec. Sec. 151.66-151.73.
    (b) The following factors, among others, may be considered by 
enforcement personnel in evaluating compliance with Sec. Sec. 151.51 
through 151.77:
    (1) Records, including receipts, of garbage discharges at port 
reception facilities.
    (2) Records under Sec. 151.55 or log entries of garbage discharges.
    (3) The presence and operability of equipment to treat ship-
generated garbage, including, but not limited to, incinerators, 
grinders, or comminuters.
    (4) The presence of and adherence to a written shipboard waste 
management plan.
    (5) The absence of plastics in ship stores.
    (6) Ongoing educational programs to train shipboard personnel of 
garbage handling procedures and the need for these.
    (7) The presence of shipboard spaces used for collecting, 
processing, storing and discharging ship-generated garbage.
    (c) The master, operator, or person who is in charge of a ship shall 
ensure that if garbage is transported from a ship by shipboard 
personnel, it is properly deposited into a port or terminal's reception 
facility.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, Apr. 19, 1994]



Sec. 151.65  Reporting requirements.

    The master or person who is in charge of each oceangoing ship shall 
notify the port or terminal, at least 24 hours before entering the port 
or terminal, of the name of the ship and the estimated volume of garbage 
requiring disposal, if any of the following types of garbage are to be 
discharged:
    (a) Garbage regulated by the Animal and Plant Health Inspection 
Service (APHIS) of the U.S. Department of Agriculture under 7 CFR 
330.400 or 9 CFR 94.5.
    (b) Medical wastes.
    (c) Hazardous wastes defined in 40 CFR 261.3.



Sec. 151.66  Operating requirements: Discharge of garbage in the 
navigable waters prohibited.

    No person on board any ship may discharge garbage into the navigable 
waters of the United States.
    Note: The navigable waters are defined in Sec. 2.05-25 of this 
chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]

[[Page 289]]



Sec. 151.67  Operating requirements: Discharge of plastic prohibited.

    No person on board any ship may discharge into the sea, or into the 
navigable waters of the United States, plastic or garbage mixed with 
plastic, including, but not limited to, synthetic ropes, synthetic 
fishing nets, and plastic garbage bags. All garbage containing plastics 
requiring disposal must be discharged ashore or incinerated.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.69  Operating requirements: Discharge of garbage outside 
special areas.

    (a) When operating outside of a special area specified in Sec. 
151.53, no person may discharge, into the sea, garbage that is separated 
from plastic, if the distance from nearest land is less than--
    (1) 25 nautical miles for dunnage, lining and packing materials that 
float; or
    (2) 12 nautical miles for victual wastes and all other garbage 
including paper products, rags, glass, metal, bottles, crockery and 
similar refuse, except that, such garbage may be discharged outside of 
three nautical miles from nearest land after it has been passed through 
a grinder or comminuter specified in Sec. 151.75.
    (b) Mixtures of garbage having different discharge requirements 
under paragraph (a)(1) or (a)(2) of this section must be--
    (1) Retained on board for later disposal ashore; or
    (2) Discharged in accordance with the more stringent requirement 
prescribed by paragraph (a)(1) or (a)(2) of this section.



Sec. 151.71  Operating requirements: Discharge of garbage within 
special areas.

    (a) When a ship is located in a special area referenced in Sec. 
151.53 of this part, no person may discharge garbage from the ship, 
except as allowed in paragraph (b) or (c) in this section.
    (b) Except as provided in paragraph (c) of this section, disposal 
into the sea of victual waste must be made as far as practicable from 
land but, in any case, not less than 12 nautical miles from the nearest 
land.
    (c) Disposal into the Wider Caribbean region of victual wastes which 
have been passed through a comminuter or grinder shall be made as far as 
practicable from land but, in any case, not less than 3 nautical miles 
from the nearest land. Such comminuted or ground food wastes shall be 
capable of passing through a screen with opening no greater than 25 
millimeters.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.73  Operating requirements: Discharge of garbage from fixed 
or floating platforms.

    (a) Except as allowed in paragraph (b) of this section, no person 
may discharge garbage from--
    (1) A fixed or floating platform engaged in the exploration, 
exploitation or associated offshore processing of seabed mineral 
resources; or
    (2) Any ship within 500 meters (1650 feet) of such platforms.
    (b) Victual waste may be discharged into the sea from a ship or 
fixed or floating platform regulated by paragraph (a) of this section 
if--
    (1) It passes through a comminuter or grinder meeting Sec. 151.75; 
and
    (2) That ship or fixed or floating platform is beyond 12 nautical 
miles from nearest land.



Sec. 151.75  Grinders or comminuters.

    Each grinder or comminuter used to discharge garbage in accordance 
with Sec. 151.69(a)(2) or Sec. 151.73(b)(1), must be capable of 
processing garbage so that it passes through a screen with openings no 
greater than 25 millimeters (one inch).



Sec. 151.77  Exceptions for emergencies.

    Sections 151.67, 151.69 and 151.71 do not apply to the following:
    (a) Discharges of garbage from a ship for the purpose of securing 
the safety of the ship and those on board or saving life at sea.
    (b) The escape of garbage resulting from damage to a ship or its 
equipment, if all reasonable precautions have been taken before and 
after the occurrence of the damage, to prevent or minimize the escape.

[[Page 290]]

    (c) The accidental loss of synthetic fishing nets, provided all 
reasonable precautions have been taken to prevent such loss.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991]

   Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage 
                         Discharge Restrictions

------------------------------------------------------------------------
                       All Vessels Except Fixed or
                    Floating Platforms and Associated       Fixed or
                                 Vessels                    Floating
   Garbage Type   -------------------------------------    Platforms &
                    Outside special   In special areas   Assoc. Vessels
                     areas (33 CFR       \2\ (33 CFR       \3\ (33 CFR
                        151.69)            151.71)           151.73)
------------------------------------------------------------------------
Plastics--include  Disposal           Disposal          Disposal
 s synthetic        prohibited         prohibited        prohibited
 ropes and         (33 CFR 151.67).   (33 CFR 151.67).  (33 CFR 151.67).
 fishing nets and
 plastic bags.
Dunnage, lining    Disposal           Disposal          Disposal
 and packing        prohibited less    prohibited        prohibited.
 materials that     than 25 miles     (33 CFR 151.71).
 float.             from nearest
                    land and in the
                    navigable waters
                    of the U.S.
Paper, rags,       Disposal           Disposal          Disposal
 glass, metal       prohibited less    prohibited        prohibited.
 bottles,           than 12 miles     (33 CFR 151.71).
 crockery and       from nearest
 similar refuse.    land and in the
                    navigable waters
                    of the U.S.
Paper, rags,       Disposal           Disposal          Disposal
 glass, etc.        prohibited less    prohibited        prohibited.
 comminuted or      than 3 miles      (33 CFR 151.71).
 ground.\1\         from nearest
                    land and in the
                    navigable waters
                    of the U.S.
Victual waste not  Disposal           Disposal          Disposal
 comminuted or      prohibited less    prohibited less   prohibited.
 ground.            than 12 miles      than 12 miles
                    from nearest       from nearest
                    land and in the    land.
                    navigable waters
                    of the U.S.
Victual waste      Disposal           Disposal          Disposal
 comminuted or      prohibited less    prohibited less   prohibited less
 ground.\1\         than 3 miles       than 12 miles     than 12 miles
                    from nearest       from nearest      from nearest
                    land and in the    land.             land and in the
                    navigable waters                     navigable
                    of the U.S.                          waters of the
                                                         U.S.
Mixed garbage         See Note 4.        See Note 4.       See Note 4.
 types.\4\
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a
  screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic,
  Black, Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)
Note 3: Fixed or floating platforms and associated vessels includes all
  fixed or floating platforms engaged in exploration, exploitation or
  associated offshore processing of seabed mineral resources, and all
  ships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having
  different disposal or discharge requirements, the more stringent
  disposal restrictions shall apply.


[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 90-054, 56 FR 
19578, Apr. 29, 1991]



Sec. 151.79  Operating requirements: Discharge of sewage within 
Antarctica.

    (a) A vessel certified to carry more than 10 persons must not 
discharge untreated sewage into the sea within 12 nautical miles of 
Antarctic land or ice shelves; beyond such distance, sewage stored in a 
holding tank must not be discharged instantaneously but at a moderate 
rate and, where practicable, while the ship is en route at a speed of no 
less than 4 knots. For purposes of this section, ``sewage'' means:
    (1) Drainage and other wastes from any form of toilets, urinals, and 
WC scuppers;
    (2) Drainage from medical premises (dispensary, sick bay, etc.) via 
wash basins, wash tubs, and scuppers located in such premises;
    (3) Drainage from spaces containing living animals; or
    (4) Other waste waters when mixed with the drainages defined above.
    (b) Paragraph (a) of this section does not apply to a warship, naval 
auxiliary, or other ship owned or operated by the United States and used 
only in government non-commercial service.
    (c) Paragraph (a) of this section does not apply in cases of an 
emergency relating to the safety of a ship and those on board or saving 
life at sea. Notice of an activity, otherwise prohibited under paragraph 
(a) of this section, undertaken in case of an emergency shall be

[[Page 291]]

reported immediately to the National Response Center (NRC) toll free 
number 800-424-8802.

[CGD 97-015, 62 FR 18045, Apr. 14, 1997]



       Subpart B_Transportation of Municipal and Commercial Waste

    Authority: 33 U.S.C. 2602; 49 CFR 1.46.

    Source: CGD 89-014, 54 FR 22548, May 24, 1989, unless otherwise 
noted.



Sec. 151.1000  Purpose.

    The purpose of this subpart is to implement the permit provisions of 
the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 151.1003  Applicability.

    (a) Except as provided by paragraph (b) of this section, this 
subpart applies to each vessel whose purpose is the transportation of 
municipal or commercial waste in coastal waters.
    (b) This subpart does not apply to public vessels.



Sec. 151.1006  Definitions.

    As used in this subpart--
    Coastal waters means--
    (1) The territorial sea of the United States;
    (2) The Great Lakes and their connecting waters;
    (3) The marine and estuarine waters of the United States up to the 
head of tidal influence; and
    (4) The Exclusive Economic Zone as established by Presidential 
Proclamation Number 5030, dated March 10, 1983.
    Note: The Exclusive Economic Zone extends from the baseline of the 
territorial sea of the United States seaward 200 miles.
    Municipal and commercial waste means solid waste as defined in 
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except-
    (1) Solid waste identified and listed under section 3001 of the 
Solid Waste Disposal Act (42 U.S.C. 6921);
    (2) Waste generated by a vessel during normal operations;
    (3) Debris solely from construction activities;
    (4) Sewage sludge subject to regulation under title I of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
seq.); and
    (5) Dredge or fill material subject to regulation under title I of 
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 
401 et seq.).
    Public vessel means a vessel that--
    (1) Is owned, or demise chartered, and operated by the United States 
Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Vessel means every description of watercraft or other artifical 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 151.1009  Transportation of municipal or commercial waste.

    A vessel may not transport municipal or commercial waste in coastal 
waters without--
    (a) A conditional permit to transport municpal or commercial waste 
issued under this subpart; and
    (b) Displaying a number in accordance with Sec. 151.1024.

[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 54 FR 24078, June 5, 
1989]



Sec. 151.1012  Applying for a conditional permit.

    (a) The owner or operator of each vessel to which this subpart 
applies shall apply by letter for a conditional permit required by Sec. 
151.1009. Applications must be submitted to Commandant (G-MOC), U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001, Attn: Shore Protection Act Desk and include the following:
    (1) The name, address, and telephone number of the vessel owner and 
operator.
    (2) The vessel's name and official number, if any.
    (3) The vessel's area of operation.
    (4) The vessel's transport capacity.

[[Page 292]]

    (5) A history of the types of cargo transported by the vessel during 
the previous year, including identifying the type of municipal or 
commercial waste transported as--
    (i) Municipal waste;
    (ii) Commercial waste;
    (iii) Medical waste; or
    (iv) Waste of another character.
    (6) The types of cargo to be transported by the vessel during the 
effective period of the conditional permit, including identifying the 
type of municipal or commercial waste as it is identified in paragraphs 
(a)(5)(i) through (iv) of this section.
    (7) A statement of whether the application for a conditional permit 
is for a single voyage, a short term operation or a continuing 
operation. If the application is for a single voyage or a short term 
operation, the statement must include the duration of the voyage or 
operation.
    (8) An acknowledgment that certifies as to the truthfulness and 
accuracy of the information provided.
    (b) The owner or operator under paragraph (a) of this section shall 
provide any additional information the Coast Guard may require.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 151.1015  Issuing or denying the issuance of a conditional permit.

    (a) After reviewing the application made under Sec. 151.1012, the 
Coast Guard either--
    (1) Issues the conditional permit for a vessel under this section; 
or
    (2) Denies the issuance of the conditional permit to the vessel in 
accordance with paragraph (c) of this section. On denying the issuance 
of the permit, the Coast Guard notifies the applicant of the--
    (i) Denial and the reason for the denial; and
    (ii) Procedures under Sec. 151.1021 for appealing the denial.
    (b) Each conditional permit issued under this section is effective--
    (1) On the date it is issued; and
    (2) Until the expiration date stated on the conditional permit 
unless it is--
    (i) Withdrawn under Sec. 151.1018;
    (ii) Terminated because--
    (A) The vessel is sold; or
    (B) This subpart no longer applies to the vessel.
    (c) The Coast Guard may deny the issuance of a conditional permit 
if--
    (i) The application does not contain the information required under 
Sec. 151.1012; or
    (ii) There is reason to believe that the information contained on 
the application is not true and correct.



Sec. 151.1018  Withdrawal of a conditional permit.

    (a) The Coast Guard may withdraw a conditional permit if the 
Administrator of the EPA requests withdrawal because the Administrator 
has determined that the owner or operator of the vessel has a record or 
a pattern of serious violations of--
    (1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 
et seq.);
    (2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
    (3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1401 et seq.);
    (4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 
1401 et seq.); or
    (5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.).
    (b) Upon reaching a determination to withdraw a conditional permit, 
the Coast Guard notifies the owner or operator of--
    (1) The withdrawal and the reason for the withdrawal;
    (2) The procedures for appealing the withdrawal.
    (c) After receiving the notice under paragraph (b) of this section, 
the owner or operator shall ensure that--
    (1) The vessel immediately ceases transporting municipal or 
commercial waste and the marking required by Sec. 151.1024 is removed; 
and
    (2) The conditional permit is returned to the Coast Guard within 5 
days after receiving the notice.



Sec. 151.1021  Appeals.

    (a) Any person directly affected by an action taken under this 
subpart may request reconsideration by the Coast Guard officer 
responsible for that action.

[[Page 293]]

    (b) The person affected who is not satisfied with a ruling after 
having it reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard, Washington, DC 20593-0001; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) After reviewing the appeal submitted under paragraph (b) of this 
section, the Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a ruling which is final agency action.
    (d) If the delay in presenting a written appeal has an adverse 
impact on the operations of the appellent, the appeal under paragraph 
(b) of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332, June 18, 2002]



Sec. 151.1024  Display of number.

    (a) The owner or operator of each vessel under this subpart must 
ensure that the vessel number stated on the conditional permit issued 
under Sec. 151.1015 is displayed so that it--
    (1) Is clearly legible;
    (2) Has a contrasting background;
    (3) Is readily visible from either side of the vessel; and
    (4) Is in block figures that are at least 18 inches in height.
    (b) No person may tamper with or falsify a number required under 
this section.



Subpart C_Ballast Water Management for Control of Nonindigenous Species 
                   in the Great Lakes and Hudson River

    Authority: 16 U.S.C. 4711; Department of Homeland Security 
Delegation No. 0170.1.

    Source: CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless otherwise 
noted.



Sec. 151.1500  Purpose.

    The purpose of this subpart is to implement the provisions of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701 et seq.).



Sec. 151.1502  Applicability.

    This subpart applies to each vessel that carries ballast water and 
that after operating on the waters beyond the Exclusive Economic Zone 
during any part of its voyage enters the Snell Lock at Massena, New 
York, or navigates north of the George Washington Bridge on the Hudson 
River, regardless of other port calls in the United States or Canada 
during that voyage.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1504  Definitions.

    The following terms are defined as used in this subpart.
    Ballast water means any water and suspended matter taken on board a 
vessel to control or maintain, trim, draught, stability, or stresses of 
the vessel, regardless of how it is carried.
    Ballast tank means any tank or hold on a vessel used for carrying 
ballast water, whether or not the tank or hold was designed for that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officer designated 
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of 
the Port Zone or the New York, NY, Captain of the Port Zone described in 
part 3 of this chapter or an official designated by the COTP.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Exclusive Economic Zone (EEZ) means the area established by 
Presidential Proclamation Number 5030, dated

[[Page 294]]

March 10, 1983, (48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends 
from the base line of the territorial sea of the United States seaward 
200 miles, and the equivalent zone of Canada.
    Environmentally sound method means methods, efforts, actions, or 
programs, either to prevent introductions or to control infestations of 
aquatic nuisance species, that minimize adverse impacts to the structure 
and function of an ecosystem, minimize adverse effects on non-target 
organisms and ecosystems, and that emphasize integrated pest management 
techniques and non-chemical measures.
    Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including 
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting 
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara 
River, and Saint Lawrence River to the Canadian border), and includes 
all other bodies of water within the drainage basin of such lakes and 
connecting channels.
    Port means a terminal or group of terminals or any place or facility 
that has been designated as a port by the COTP.
    Sediments means any matter settled out of ballast water within a 
vessel.
    Voyage means any transit by a vessel destined for the Great Lakes or 
the Hudson River, north of the George Washington Bridge, from a port or 
place outside of the EEZ, including intermediate stops at a port or 
place within the EEZ.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR 
67634, Dec. 30, 1994; USCG-1998-3423, 64 FR 26682, May 17, 1999]



Sec. 151.1506  Restriction of operation.

    No vessel subject to the requirements of this subpart may be 
operated in the Great Lakes or the Hudson River, north of the George 
Washington Bridge, unless the master of the vessel has certified, in 
accordance with Sec. 151.1516, that the requirements of this subpart 
have been met.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1508  Revocation of clearance.

    A COTP may request the District Director of Customs to withhold or 
revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject 
to this subpart, the owner or operator of which is not in compliance 
with the requirements of this subpart.



Sec. 151.1510  Ballast water management.

    (a) The master of each vessel subject to this subpart shall employ 
one of the following ballast water management practices:
    (1) Carry out an exchange of ballast water on the waters beyond the 
EEZ, from an area more than 200 nautical miles from any shore, and in 
waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep, prior to 
entry into the Snell Lock, at Massena, New York, or prior to navigating 
on the Hudson River, north of the George Washington Bridge, such that, 
at the conclusion of the exchange, any tank from which ballast water 
will be discharged contains water with a minimum salinity level of 30 
parts per thousand.
    (2) Retain the vessel's ballast water on board the vessel. If this 
method of ballast water management is employed, the COTP may seal any 
tank or hold containing ballast water on board the vessel for the 
duration of the voyage within the waters of the Great Lakes or the 
Hudson River, north of the George Washington Bridge.
    (3) Use an alternative environmentally sound method of ballast water 
management that has been submitted to, and approved by, the Commandant 
prior to the vessel's voyage. Requests for approval of alternative 
ballast water management methods must be submitted to the Commandant (G-
M), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, 
DC 20593-0001.
    (b) No master of a vessel subject to this subpart shall separately 
discharge sediment from tanks or holds containing ballast water unless 
it is disposed of ashore in accordance with local requirements.
    (c) Nothing in this subpart authorizes the discharge of oil or 
noxious liquid substances (NLSs) in a manner prohibited by United States 
or international laws or regulations. Ballast water carried in any tank 
containing a residue of oil, NLSs, or any other pollutant must be 
discharged in accordance with

[[Page 295]]

the applicable regulations. Nothing in this subpart affects or 
supersedes any requirement or prohibitions pertaining to the discharge 
of ballast water into the waters of the United States under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.).

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR 
67634, Dec. 30, 1994; USCG-1998-3423, 66 FR 58390, Nov. 21, 2001]



Sec. 151.1512  Vessel safety.

    Nothing in this subpart relieves the master of the responsibility 
for ensuring the safety and stability of the vessel or the safety of the 
crew and passengers, or any other responsibility.



Sec. 151.1514  Ballast water management alternatives under extraordinary 
conditions.

    The master of any vessel subject to this subpart who, due to 
weather, equipment failure, or other extraordinary conditions, is unable 
to effect a ballast water exchange before entering the EEZ, must employ 
another method of ballast water management listed in Sec. 151.1510, or 
request from the COTP permission to exchange the vessel's ballast water 
within an area agreed to by the COTP at the time of the request and must 
discharge the vessel's ballast water within that designated area.



Sec. 151.1516  Compliance monitoring.

    (a) The master of each vessel equipped with ballast tanks shall 
provide, as detailed in Sec. 151.2040, the following information, in 
written form, to the COTP:
    (1) The vessel's name, port of registry, and official number or call 
sign.
    (2) The name of the vessel's owner(s).
    (3) Whether ballast water is being carried.
    (4) The original location and salinity, if known, of ballast water 
taken on, before an exchange.
    (5) The location, date, and time of any ballast water exchange.
    (6) The salinity of any ballast water to be discharged into the 
territorial waters of the United States.
    (7) The intended discharge port for ballast water and location for 
disposal of sediment carried upon entry into the territorial waters of 
the United States, if ballast water or sediment are to be discharged.
    (8) The signature of the master attesting to the accuracy of the 
information provided and certifying compliance with the requirements of 
this subpart.
    (b) The COTP may take samples of ballast water to assess the 
compliance with, and the effectiveness of, this subpart.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by USCG-1998-3423, 66 
FR 58391, Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.1518  Penalties for failure to conduct ballast water management.

    (a) A person who violates this subpart is liable for a civil penalty 
in an amount not to exceed $27,500. Each day of a continuing violation 
constitutes a separate violation. A vessel operated in violation of the 
regulations is liable in rem for any civil penalty assessed under this 
subpart for that violation.
    (b) A person who knowingly violates the regulations of this subpart 
is guilty of a class C felony.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Subpart D_Ballast Water Management for Control of Nonindigenous Species 
                     in Waters of the United States

    Authority: 16 U.S.C. 4711; Department of Homeland Security 
Delegation No. 0170.1.

    Source: USCG-1998-3423, 64 FR 26682, May 17, 1999, unless otherwise 
noted.



Sec. 151.2000  What is the purpose of this subpart?

    This subpart implements the provisions of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (NANPCA) (16 U.S.C. 4701-
4751), as amended by the National Invasive Species Act of 1996 (NISA).



Sec. 151.2005  To which vessels does this subpart apply?

    Unless exempted in Sec. 151.2010 or Sec. 151.2015, this subpart 
applies to all vessels, U.S. and foreign, equipped with ballast tanks, 
that operate in the waters of the United States and are bound

[[Page 296]]

for ports or places in the United States.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2007  What are the penalties for violations of the mandatory 
provisions of this subpart?

    (a) A person who violates this subpart is liable for a civil penalty 
not to exceed $ 27,500. Each day of a continuing violation constitutes a 
separate violation. A vessel operated in violation of the regulations is 
liable in rem for any civil penalty assessed under this subpart for that 
violation.
    (b) A person who knowingly violates the regulations of this subpart 
is guilty of a class C felony.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2010  Which vessels are exempt from the mandatory requirements?

    Three types of vessels are exempt from the requirements in 
Sec. Sec. 151.2040 and 151.2045:
    (a) A crude oil tanker engaged in the coastwise trade.
    (b) A Department of Defense or Coast Guard vessel subject to the 
requirements of section 1103 of the Act, or any vessel of the Armed 
Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C. 
1322(a)) that is subject to the ``Uniform National Discharge Standards 
for Vessels of the Armed Forces'' (33 U.S.C. 1322(n)).
    (c) A vessel that operates exclusively within one Captain of the 
Port (COTP) Zone.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2015  Is a vessel in innocent passage exempt from the mandatory 
requirements?

    A foreign vessel merely traversing the territorial sea of the U.S. 
(i.e., not entering or departing a U.S. port, or not navigating the 
internal waters of the U.S.) is exempt from the requirements of this 
subpart.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2025  What definitions apply to this subpart?

    (a) Unless otherwise stated in this section, the definitions in 33 
CFR 151.1504, 33 CFR 160.203, and the United Nations Convention on the 
Law of the Sea apply to this part.
    (b) As used in this part--
    ANSTF means the Aquatic Nuisance Species Task Force mandated under 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(NANPCA).
    Ballast tank means any tank or hold on a vessel used for carrying 
ballast water, whether or not the tank or hold was designed for that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officer designated 
as the COTP, or a person designated by that officer, for the COTP zone 
covering the U.S. port of destination. These COTP zones are listed in 33 
CFR part 3.
    Exchange means to replace the water in a ballast tank using one of 
the following methods:
    (1) Flow through exchange means to flush out ballast water by 
pumping in mid-ocean water at the bottom of the tank and continuously 
overflowing the tank from the top until three full volumes of water has 
been changed--to minimize the number of original organisms remaining in 
the tank.
    (2) Empty/refill exchange means to pump out the ballast water taken 
on in ports, estuarine, or territorial waters until the tank is empty, 
then refilling it with mid-ocean water; masters/operators should pump 
out as close to 100 percent of the ballast water as is safe to do so.
    Exclusive Economic Zone (EEZ) means the area established by 
Presidential Proclamation Number 5030, dated March 10, 1983 (48 FR 
10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the 
territorial sea of the United States seaward 200 miles, and the 
equivalent zone of Canada.
    IMO guidelines mean the Guidelines for the Control and Management of 
Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic 
Organisms and Pathogens (IMO Resolution A.868 (20), adopted November 
1997).
    NANPCA means the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990.
    NBIC means the National Ballast Water Information Clearinghouse 
operated by the Coast Guard and the

[[Page 297]]

Smithsonian Environmental Research Center as mandated under NISA.
    NISA means the National Invasive Species Act of 1996, which 
reauthorized and amended NANPCA.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place to which a 
vessel is bound to anchor or moor.
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands.
    Voyage means any transit by a vessel destined for any United States 
port or place.
    Waters of the United States means waters subject to the jurisdiction 
of the United States as defined in 33 CFR Sec. 2.38, including the 
navigable waters of the United States. For this regulation, the 
navigable waters include the territorial sea as extended to 12 nautical 
miles from the baseline, pursuant to Presidential Proclamation No. 5928 
of December 27, 1988.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended by USCG-2003-
15404, 68 FR 37741, June 25, 2003; USCG-2002-13147, 69 FR 32869, June 
14, 2004; USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2030  Who is responsible for determining when to use the 
safety exemption?

    (a) The master, operator, or person-in-charge of a vessel is 
responsible for the safety of the vessel, its crew, and its passengers.
    (b) The master, operator, or person-in-charge of a vessel is not 
required to conduct a ballast water management practice (including 
exchange), if the master decides that the practice would threaten the 
safety of the vessel, its crew, or its passengers because of adverse 
weather, vessel design limitations, equipment failure, or any other 
extraordinary conditions. If the master uses this section, and the--
    (1) Vessel is on a voyage to the Great Lakes or Hudson River, the 
vessel must comply with the requirements of Sec. 151.1514 of subpart C 
of this part (Ballast water management alternatives under extraordinary 
conditions); or
    (2) Vessel is on a voyage to any port other than the Great Lakes or 
Hudson River, the vessel shall not be required to perform a ballast 
water management practice which the master has found to threaten the 
safety of the vessel, its crew, or its passengers because of adverse 
weather, vessel design limitations, equipment failure, or any other 
extraordinary conditions.
    (c) Nothing in this subpart relieves the master, operator, or 
person-in-charge of a vessel, of the responsibility for ensuring the 
safety and stability of the vessel or the safety of the crew and 
passengers, or any other responsibility.



Sec. 151.2035  What are the required ballast water management 
practices for my vessel?

    (a) Masters, owners, operators, or persons-in-charge of all vessels 
equipped with ballast water tanks that operate in the waters of the U.S. 
must:
    (1) Avoid the discharge or uptake of ballast water in areas within 
or that may directly affect marine sanctuaries, marine preserves, marine 
parks, or coral reefs.
    (2) Minimize or avoid uptake of ballast water in the following areas 
and situations:
    (i) Areas known to have infestations or populations of harmful 
organisms and pathogens (e.g., toxic algal blooms).
    (ii) Areas near sewage outfalls.
    (iii) Areas near dredging operations.
    (iv) Areas where tidal flushing is known to be poor or times when a 
tidal stream is known to be more turbid.
    (v) In darkness when bottom-dwelling organisms may rise up in the 
water column.
    (vi) Where propellers may stir up the sediment.
    (vii) Areas with pods of whales, convergence zones, and boundaries 
of major currents.
    (3) Clean the ballast tanks regularly to remove sediments. Clean the 
tanks in mid-ocean or under controlled arrangements in port, or at dry 
dock. Dispose of your sediments in accordance with local, State, and 
Federal regulations.
    (4) Discharge only the minimal amount of ballast water essential for

[[Page 298]]

vessel operations while in the waters of the United States.
    (5) Rinse anchors and anchor chains when you retrieve the anchor to 
remove organisms and sediments at their place of origin.
    (6) Remove fouling organisms from hull, piping, and tanks on a 
regular basis and dispose of any removed substances in accordance with 
local, State and Federal regulations.
    (7) Maintain a ballast water management plan that has been developed 
specifically for the vessel that will allow those responsible for the 
plan's implementation to understand and follow the vessel's ballast 
water management strategy.
    (8) Train the master, operator, person-in-charge, and crew, on the 
application of ballast water and sediment management and treatment 
procedures.
    (b) In addition to the provisions of paragraph (a) of this section, 
if the vessel carries ballast water that was taken on in areas less than 
200 nautical miles from any shore into the waters of the U.S. after 
operating beyond the Exclusive Economic Zone, you (the master, operator, 
or person-in-charge of a vessel) must employ at least one of the 
following ballast water management practices:
    (1) Perform complete ballast water exchange in an area no less than 
200 nautical miles from any shore prior to discharging ballast water in 
U.S. waters;
    (2) Retain ballast water onboard the vessel; or
    (3) Prior to the vessel entering U.S. waters, use an alternative 
environmentally sound method of ballast water management that has been 
approved by the Coast Guard.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2003-14273, 69 FR 44961, July 28, 2004; USCG-2002-
14273, 69 FR 60309, Oct. 8, 2004]



Sec. 151.2036  If my voyage does not take me into waters 200 nautical 

miles or greater from any shore, must I divert to conduct a ballast 
water exchange?

    A vessel will not be required to deviate from its voyage, or delay 
the voyage, in order to conduct a ballast water exchange.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2037  If my vessel cannot conduct ballast water management 

practices because of its voyage and/or safety concerns, will I be 
prohibited from 
          discharging ballast water?

    (a) A vessel that cannot practicably meet the requirements of Sec. 
151.2035(b)(1) because its voyage does not take it into waters 200 
nautical miles or greater from any shore for a sufficient length of time 
and elects to retain ballast water on board, or because of the safety 
concerns contained in Sec. 151.2030, will not be prohibited from the 
discharge of ballast water in areas other than the Great Lakes and the 
Hudson River. However, the vessel must discharge only that amount of 
ballast water operationally necessary to ensure the safety of the 
vessels for cargo operations and make ballast water records available to 
the local Captain of the Port upon request.
    (b) A vessel that cannot practicably meet the requirements of Sec. 
151.2035(b)(3) because its alternative environmentally sound ballast 
water management method is inoperable must employ one of the other 
ballast water management practices stated in Sec. 151.2035(b). If the 
vessel cannot employ other ballast water management practices due to 
voyage or safety concerns, the vessel will not be prohibited from the 
discharge of ballast water in areas other than the Great Lakes and the 
Hudson River. However, the vessel must discharge only that amount of 
ballast water operationally necessary to ensure the safety of the 
vessels for cargo operations and make ballast water records available to 
the local Captain of the Port upon request.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2040  What are the mandatory ballast water management 

requirements for vessels equipped with ballast tanks that operate in 
the waters of the United 
          States and are bound for ports or places in the United States?

    (a) A vessel bound for the Great Lakes or Hudson River, which has 
operated beyond the EEZ (which includes

[[Page 299]]

the equivalent zone of Canada) during any part of its voyage regardless 
of intermediate ports of call within the waters of the United States or 
Canada, must comply with Sec. Sec. 151.2041 and 151.2045 of this 
subpart, as well as with the provisions of subpart C of this part.
    (b) A vessel engaged in the foreign export of Alaskan North Slope 
Crude Oil must comply with Sec. Sec. 151.2041 and 151.2045 of this 
subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii). 
Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program of deep 
water ballast exchange unless doing so would endanger the safety of the 
vessel or crew.
    (c) A vessel not covered by paragraphs (a) or (b) of this section 
and is bound for ports or places in the United States must comply with 
Sec. Sec. 151.2041 and 151.2045 of this subpart.
    (d) This subpart does not authorize the discharge of oil or noxious 
liquid substances (NLS) in a manner prohibited by United States or 
international laws or regulations. Ballast water carried in any tank 
containing a residue of oil, NLS, or any other pollutant must be 
discharged in accordance with applicable regulations.
    (e) This subpart does not affect or supercede any requirement or 
prohibition pertaining to the discharge of ballast water into the waters 
of the United States under the Federal Water Pollution Control Act (33 
U.S.C. 1251 to 1376).

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2041  What are the mandatory ballast water reporting requirements 

for all vessels equipped with ballast tanks bound for ports or places of 
the United 
          States?

    (a) Ballast water reporting requirements exist for each vessel bound 
for ports or places of the United States regardless of whether a vessel 
operated outside of the EEZ (which includes the equivalent zone of 
Canada), unless exempted in Sec. Sec. 151.2010 or 151.2015.
    (b) The master, owner, operator, agent, or person-in-charge of a 
vessel to whom this section applies must provide the information 
required by Sec. 151.2045 in electronic or written form (OMB form 
Control No. 1625-0069) to the Commandant, U.S. Coast Guard or the 
appropriate COTP as follows:
    (1) For any vessel bound for the Great Lakes from outside the EEZ 
(which includes the equivalent zone of Canada).
    (i) You must fax the required information at least 24 hours before 
the vessel arrives in Montreal, Quebec to either the USCG COTP Buffalo, 
Massena Detachment (315-769-5032), or the St. Lawrence Seaway 
Development Corporation (315-764-3250); or
    (ii) If you are not a U.S. or Canadian Flag vessel, you may complete 
the ballast water information section of the St. Lawrence Seaway 
required ``Pre-entry Information from Foreign Flagged Vessels Form'' and 
submit it in accordance with the applicable Seaway Notice in lieu of 
this requirement.
    (2) For any vessel bound for the Hudson River north of the George 
Washington Bridge entering from outside the EEZ (which includes the 
equivalent zone of Canada). You must fax the information to the COTP New 
York (718-354-4249) at least 24 hours before the vessel enters New York, 
New York.
    (3) For any vessel not addressed in paragraphs (b)(1) and (b)(2) of 
this section, which is equipped with ballast water tanks and bound for 
ports or places in the United States. If your voyage is less than 24 
hours, you must report before departing your port or place of departure. 
If your voyage exceeds 24 hours, you must report at least 24 hours 
before arrival at your port or place of destination. All required 
information is to be sent to the National Ballast Information 
Clearinghouse (NBIC) using only one of the following means:
    (i) Internet at: http://invasions.si.edu/NBIC/bwform.html;
    (ii) E-mail to NBIC@BALLASTREPORT.ORG;
    (iii) Fax to 301-261-4319; or
    (iv) Mail to U.S. Coast Guard, c/o SERC (Smithsonian Environmental 
Research Center), P.O. Box 28, Edgewater, MD 21037-0028.
    (c) If the information submitted in accordance with this section 
changes, you must submit an amended form before the vessel departs the 
waters of the United States.

[USCG-2002-13147, 69 FR 32870, June 14, 2004; 69 FR 40767, July 7, 2004]

[[Page 300]]



Sec. 151.2043  Equivalent Reporting Methods for vessels other than those 

entering the Great Lakes or Hudson River after operating outside the EEZ 
or Canadian 
          equivalent.

    (a) For ships required to report under Sec. 151.2041 the Chief, 
Environmental Standards Division (G-MSO-4), acting for the Assistant 
Commandant for Marine Safety, Security and Environmental Protection (G-
M) may, upon receipt of a written request, consider and approve 
alternative methods of reporting if:
    (1) Such methods are at least as effective as that required by Sec. 
151.2041; and
    (2) Compliance with the requirement is economically or physically 
impractical.
    (i) The Chief, Environmental Standards Division (G-MSO-4) will take 
approval or disapproval action on the request submitted in accordance 
with paragraph (a) of this section within 30 days of receipt of the 
request.
    (ii) [Reserved]

[USCG-1998-3423, 66 FR 58391, Nov. 21, 2001, as amended by USCG-2002-
12471, 67 FR 41332, June 18, 2002. Redesignated and amended by USCG-
2002-13147, 69 FR 32870, June 14, 2004]



Sec. 151.2045  What are the mandatory recordkeeping requirements for 

vessels equipped with ballast tanks that are bound for a port or place 
in the United 
          States?

    (a) The master, owner, operator, or person in charge of a vessel 
bound for a port or place in the United States, unless specifically 
exempted by Sec. Sec. 151.2010 or 151.2015 must keep written, records 
that include the following information (Note: Ballast tank is any tank 
or hold that carries ballast water regardless of design):
    (1) Vessel information. Include the--
    (i) Name;
    (ii) International Maritime Organization (IMO) Number (official 
number if IMO number not issued);
    (iii) Vessel type;
    (iv) Owner or operator;
    (v) Gross tonnage;
    (vi) Call sign; and
    (vii) Port of Registry (Flag).
    (2) Voyage information. Include the date and port of arrival, vessel 
agent, last port and country of call, and next port and country of call.
    (3) Total ballast water information. Include the total ballast water 
capacity, total volume of ballast water on board, total number of 
ballast water tanks, and total number of ballast water tanks in ballast. 
Use units of measurements such as metric tons (MT), cubic meters (m3), 
long tons (LT), and short tons (ST).
    (4) Ballast Water Management. Include the total number of ballast 
tanks/holds that are to be discharged into the waters of the United 
States or to a reception facility. If an alternative ballast water 
management method is used, please note the number of tanks that were 
managed using an alternative method, as well as the type of method used. 
Indicate whether the vessel has a ballast water management plan and IMO 
guidelines on board, and whether the ballast water management plan is 
used.
    (5) Information on ballast water tanks that are to be discharged 
into the waters of the United States or to a reception facility. Include 
the following:
    (i) The origin of ballast water. This includes date(s), location(s), 
volume(s) and temperature(s) (If a tank has been exchanged, list the 
loading port of the ballast water that was discharged during the 
exchange.).
    (ii) The date(s), location(s), volume(s), method, thoroughness 
(percentage exchanged if exchange conducted), sea height at time of 
exchange if exchange conducted, of any ballast water exchanged or 
otherwise managed.
    (iii) The expected date, location, volume, and salinity of any 
ballast water to be discharged into the waters of the United States or a 
reception facility.
    (6) Discharge of sediment. If sediment is to be discharged within 
the jurisdiction of the United States include the location of the 
facility where the disposal will take place.
    (7) Certification of accurate information. Include the master, 
owner, operator, person in charge, or responsible officer's printed 
name, title, and signature attesting to the accuracy of the information 
provided and certifying compliance with the requirements of this 
subpart.

[[Page 301]]

    (8) Change to previously submitted information. Indicate whether the 
information is a change to information previously submitted for this 
voyage.
    (9) The master, owner, operator, or person in charge of a vessel 
subject to this section, must retain a signed copy of this information 
on board the vessel for 2 years.
    (10) The information required of this subpart may be used to satisfy 
the ballast water recordkeeping requirements for vessels subject to 
Sec. 151.2040(a) and (b).
    (11) A sample form and the instructions for completing the form are 
in the appendix to this subpart. If you complete the ``Ballast Water 
Reporting Form'' contained in the IMO Guidelines or complete the ballast 
water information section of the St. Lawrence Seaway required ``Pre-
entry Information Flagged Vessels Form,'' then you have met the 
requirements of this section.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004]



Sec. 151.2050  What methods are used to monitor compliance with this 
subpart?

    (a) The COTP may take samples of ballast water and sediment, examine 
documents, and make other appropriate inquiries to assess the compliance 
of any vessel subject to this subpart.
    (b) The master, owner, operator, or person in charge of a vessel 
subject to this section, shall make available to the COTP the records 
required by Sec. 151.2045 upon request.
    (c) The NBIC will compile the data obtained from submitted reports. 
This data will be used, in conjunction with existing databases on the 
number of vessel arrivals, to assess vessel reporting rates.



Sec. 151.2055  Where are the alternate exchange zones located? [Reserved]



Sec. 151.2060  What must each application for approval of an alternative 
compliance technology contain? [Reserved]



Sec. 151.2065  What is the standard of adequate compliance determined 
by the ANSTF for this subpart? [Reserved]

[[Page 302]]

  Appendix to Subpart D of Part 151--Ballast Water Reporting Form and 
              Instructions for Ballast Water Reporting Form
[GRAPHIC] [TIFF OMITTED] TR17MY99.001


[[Page 303]]


[GRAPHIC] [TIFF OMITTED] TR17MY99.002


[[Page 304]]


[GRAPHIC] [TIFF OMITTED] TR17MY99.003

    Where to send this form.

[[Page 305]]



------------------------------------------------------------------------
 Vessels equipped with ballast water tanks bound for all ports or places
 within the waters of the United States after operating outside the EEZ
             (which includes the equivalent zone of Canada).
-------------------------------------------------------------------------
                                       You must submit your report as
             Bound for                         detailed below.
------------------------------------------------------------------------
The Great Lakes...................  Fax the information at least 24
                                     hours before the vessel arrives in
                                     Montreal, Quebec, to the USCG COTP
                                     Buffalo, Massena Detachment (315-
                                     769-5032) or to the Saint Lawrence
                                     Seaway Development Corporation (315-
                                     764-3250).
                                    In lieu of faxing, vessels that are
                                     not U.S. or Canadian flagged may
                                     complete the ballast water
                                     information section of the St.
                                     Lawrence Seaway ``Pre-entry
                                     Information from Foreign Flagged
                                     Vessel Form''.
Hudson River north of the George    Fax the information to the COTP New
 Washington Bridge.                  York at (718-354-4249) at least 24
                                     hours before the vessel arrives at
                                     New York, New York.
                                    *Note: Vessels entering COTP New
                                     York Zone which are not bound up
                                     the Hudson River north of George
                                     Washington Bridge should submit the
                                     form in accordance with the
                                     instructions in the following
                                     block.
All other U.S. Ports..............  Report before departing the port or
                                     place of departure if voyage is
                                     less than 24 hours, or at least 24
                                     hours before arrival at the port or
                                     place of destination if the voyage
                                     exceeds 24 hours; and submit the
                                     required information to the
                                     National Ballast Information
                                     Clearinghouse (NBIC) by one of the
                                     following means:
                                    Via the Internet at http://
                                     invasions.si.edu/NBIC/bwform.html;
                                     E-mail to NBIC@BALLASTREPORT.ORG;
                                     Fax to 301-261-4319; orMail the
                                     information to U.S. Coast Guard, c/
                                     o SERC. P.O. Box 28, Edgewater, MD
                                     21037-0028.
------------------------------------------------------------------------


------------------------------------------------------------------------
 Vessels that have not operated outside the EEZ, which are equipped with
  ballast water tanks and are bound for all ports or places within the
                      waters of the United States.
-------------------------------------------------------------------------
                                       You must submit your report as
             Bound for                         detailed below:
------------------------------------------------------------------------
All U.S. ports including the Great  Report before departing the port or
 Lakes and Hudson River North of     place of departure if voyage is
 George Washington Bridge.           less than 24 hours, or at least 24
                                     hours before arrival at the port or
                                     place of destination if the voyage
                                     exceeds 24 hours; and submit the
                                     required information to the
                                     National Ballast Information
                                     Clearinghouse (NBIC) by one of the
                                     following means:
                                    Via the Internet at http://
                                     invasions.si.edu/NBIC/bwform.html;
                                     E-mail to NBIC@BALLASTREPORT.ORG;
                                     Fax to 301-261-4319; orMail to U.S.
                                     Coast Guard, c/o SERC, P.O. Box 28,
                                     Edgewater, MD 21037-0028.
------------------------------------------------------------------------

    If any information changes, send an amended form before the vessel 
departs the waters of the United States.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a valid OMB 
control number. The Coast Guard estimates that the average burden for 
this report is 35 minutes. You may submit any comments concerning the 
accuracy of this burden estimate or any suggestions for reducing the 
burden to: Commandant (G-MSO), U.S. Coast Guard, 2100 Second St. SW, 
Washington, DC 20593-0001, or Office of Management and Budget, Paperwork 
Reduction Project (1625-0069), Washington, DC 20503.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004; USCG-2005-
21531, 70 FR 36349, June 23, 2005]



PART 153_CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE 
REMOVAL--Table of Contents




                            Subpart A_General

Sec.
153.101 Purpose.
153.103 Definitions.
153.105 FWPCA delegations and redelegation.
153.107 [Reserved]
153.109 CERCLA delegations.

    Subpart B_Notice of the Discharge of Oil or a Hazardous Substance

153.201 Purpose.
153.203 Procedure for the notice of discharge.
153.205 Fines.

                   Subpart C_Removal of Discharged Oil

153.301 Purpose.
153.303 Applicability.
153.305 Methods and procedures for the removal of discharged oil.
153.307 Penalties.

             Subpart D_Administration of the Pollution Fund

153.401 Purpose.
153.403 Applicability.
153.405 Liability to the pollution fund.
153.407 Payments or reimbursement from the pollution fund.

[[Page 306]]

153.411 Procedures for payment of judgments.
153.413 Deposit of money into the fund.
153.415 Cost summary reports.
153.417 Reimbursement for actions under section 311(c) or 311(d) of the 
          Act of the Intervention on the High Seas Act.

    Authority: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O. 
12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p. 351; 
49 CFR 1.45 and 1.46.

    Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise 
noted.



                            Subpart A_General



Sec. 153.101  Purpose.

    The purpose of this part is to prescribe regulations concerning 
notification to the Coast Guard of the discharge of oil or hazardous 
substances as required by the Federal Water Pollution Control Act, as 
amended (FWPCA); the procedures for the removal of a discharge of oil; 
and the costs that may be imposed or reimbursed for the removal of a 
discharge of oil or hazardous substances under the FWPCA.

[CGD 84-067, 51 FR 17965, May 16, 1986]



Sec. 153.103  Definitions.

    As used in this part:
    (a) Act means the Federal Water Pollution Control Act, as amended 
(33 U.S.C. 1251 et seq.).
    (b) CERCLA means the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
    (c) Chemical agents means those elements, compounds, or mixtures 
that coagulate, disperse, dissolve, emulsify, foam, neutralize, 
precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, 
fix, make the pollutant mass more rigid or viscous, or otherwise 
facilitate the mitigation of deleterious effects or removal of the 
pollutant from the water. The term ``chemical agents'' as used in this 
part includes dispersants, surface collecting agents, biological 
additives, burning agents, and sinking agents as defined in Subpart H of 
the National Contingency Plan.
    (d) Assistant Commandant for Marine Safety, Security and 
Environmental Protection means the Coast Guard Officer designated by the 
Commandant to assist and advise the Commandant on matters related to 
marine environmental response, port and environmental safety, and 
waterways management.
    (e) Coastal waters means all U.S. waters subject to the tide, U.S. 
waters of the Great Lakes, specified ports and harbors on the inland 
rivers, waters of the contiguous zone, or other waters of the high seas 
subject to discharges in connection with activities under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater 
Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural 
resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (including resources under the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.)). These waters include those contained within the Exclusive 
Economic Zone declared by Presidential Proclamation 5030 on March 10, 
1983 (43 FR 10605).
    Note: Coastal waters are those waters where the Coast Guard has the 
responsibility for providing On-Scene Coordinators under the National 
Contingency Plan. Specific dividing lines between coastal and inland 
waters, and the identification of specified ports and harbors on inland 
rivers, are contained in Regional Contingency Plans prepared pursuant to 
the National Contingency Plan.
    (f) Contiguous zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, as published in the June 1, 1972 issue of the Federal 
Register (37 FR 11906).
    (g) Discharge includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping, but excludes 
(A) discharges in compliance with a permit under Section 402 of the Act, 
(B) discharges resulting from circumstances identified and reviewed and 
made part of the public record with respect to a permit issued or 
modified under Section 402 of the Act, and subject to a condition in 
such permit, and (C) continuous or anticipated intermittent discharges 
from a point source, identified in a permit or permit application under 
section 402 of

[[Page 307]]

the Act, which are caused by events occurring within the scope of 
relevant operating or treatment systems.
    (h) Hazardous substance means any substance designated by the 
Administrator of the Environmental Protection Agency pursuant to section 
311(b)(2) of the Act.
    (i) Inland waters means all other waters of the U.S. not included in 
the definition of coastal waters.
    Note: Inland waters are those waters where the Environmental 
Protection Agency has the responsibility for providing On-Scene 
Coordinators under the National Contingency Plan. Specific dividing 
lines between coastal and inland waters are contained in Regional 
Contingency Plans prepared pursuant to the National Contingency Plan.
    (j) Mechanical removal means the use of pumps, skimmers, booms, 
earthmoving equipment, and other mechanical devices to contain the 
discharge of oil and to recover the discharge from the water or 
adjoining shorelines.
    (k) Navigable waters means the waters of the United States as 
defined in paragraph 2.05-25(b) of this Chapter.
    (l) Offshore facility means any facility of any kind located in, on, 
or under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel.
    (m) Oil means oil of any kind or in any form, including but not 
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with 
wastes other than dredged spoil.
    (n) On-Scene Coordinator or OSC is the Federal official 
predesignated by the Environmental Protection Agency (EPA) or Coast 
Guard to coordinate and direct Federal removal efforts at the scene of 
an oil or hazardous substance discharge as prescribed in the National 
Oil and Hazardous Substances Pollution Contingency Plan (National 
Contingency Plan) as published in 40 CFR Part 300.
    (o) Onshore facility means any facility (including, but not limited 
to, motor vehicles and rolling stock) of any kind located in, on, or 
under, any land within the United States other than submerged land.
    (p) Person includes an individual, firm, corporation, association, 
and a partnership.
    (q) Pollution Fund and Fund means the revolving fund established in 
the Treasury under the authority in section 311(k) of the Act to carry 
out the provisions of section 311 (c), (d), (i), and (l) of the Act.
    (r) Public vessel means a vessel owned or bare-boat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commerce.
    (s) Remove or Removal refers to removal of oil or hazardous 
substances from the waters and shorelines or the taking of such other 
actions as may be necessary to minimize or mitigate damage to the public 
health or welfare, including, but not limited to, fish, shellfish, 
wildlife, and public and private property, shorelines, and beaches.
    (t) Sorbent means materials essentially inert and insoluble used to 
remove oil from water through a variety of sorption mechanisms. Examples 
include straw, expanded perlite, polyurethane foam, reclaimed paper 
fibers, and peat moss.
    (u) Such quantities as may be harmful means those quantities of oil 
and any hazardous substances determined in accordance with the 
provisions of section 311(b)(4) of the Act.
    Note: Regulations that relate to such quantities as may be harmful 
of oil are published in 40 CFR Part 110. Regulations that relate to such 
quantities as may be harmful (reportable quantities) of hazardous 
substances are published in 40 CFR Part 117 and also listed in 40 CFR 
Part 302.
    (v) United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands.
    (w) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water other than a public vessel.

[CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]

[[Page 308]]



Sec. 153.105  FWPCA delegations and redelegation.

    The delegations and redelegations under the Federal Water Pollution 
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in Sec. 
1.01-80 and Sec. 1.01-85, respectively, of this chapter.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]



Sec. 153.107  [Reserved]



Sec. 153.109  CERCLA delegations.

    The delegations under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) are published in Sec. 
1.01-70 of this chapter.

[CGD 83-009, 49 FR 575, Jan. 5, 1984]



    Subpart B_Notice of the Discharge of Oil or a Hazardous Substance



Sec. 153.201  Purpose.

    The purpose of this subpart is to prescribe the manner in which the 
notice required in section 311(b)(5) of the Act is to be given and to 
list the government officials to receive that notice.



Sec. 153.203  Procedure for the notice of discharge.

    Any person in charge of a vessel or of an onshore or offshore 
facility shall, as soon as they have knowledge of any discharge of oil 
or a hazardous substance from such vessel or facility in violation of 
section 311(b)(3) of the Act, immediately notify the National Response 
Center (NRC), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 
20593, toll free telephone number 800-424-8802 (in Washington, DC 
metropolitan area, (202) 267-2675). If direct reporting to the NRC is 
not practicable, reports may be made to the Coast Guard or EPA 
predesignated OSC for the geographic area where the discharge occurs. 
All such reports shall be promptly relayed to the NRC. If it is not 
possible to notify the NRC or the predesignated OSC immediately, reports 
may be made immediately to the nearest Coast Guard unit, provided that 
the person in charge of the vessel or onshore or offshore facility 
notifies the NRC as soon as possible.
    Note: Geographical jurisdiction of Coast Guard and EPA OSC's are 
specified in the applicable Regional Contingency Plan. Regional 
Contingency Plans are available at Coast Guard District Offices and EPA 
Regional Offices as indicated in Table 2. Addresses and telephone 
numbers for these offices are listed in Table 1.

[CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988]



Sec. 153.205  Fines.

    Section 311(b)(5) of the Act prescribes that any person who fails to 
notify the appropriate agency of the United States Government 
immediately of a discharge is, upon conviction, fined in accordance with 
Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.

Table 1--Addresses and Telephone Numbers of Coast Guard District Offices
                        and EPA Regional Offices
------------------------------------------------------------------------
                                       Address             Telephone
------------------------------------------------------------------------
                          EPA Regional Offices
------------------------------------------------------------------------
Region:
    1.........................  1 Congress St., Suite       617-918-1111
                                 1100, Boston, MA
                                 02114-2023.
    2.........................  290 Broadway, New           212-637-3000
                                 York, NY 10007-1866.
    3.........................  1650 Arch St.,              215-814-5000
                                 Philadelphia, PA
                                 19103-2029.
    4.........................  Atlanta Federal             404-562-9900
                                 Center, 61 Forsyth
                                 St., SW, Atlanta, GA
                                 30303-3104.
    5.........................  77 West Jackson             312-353-2000
                                 Boulevard, Chicago,
                                 IL 60604-3507.
    6.........................  Fountain Place 12th         214-665-2200
                                 Floor, Suite 1200,
                                 1445 Ross Avenue,
                                 Dallas, TX 75202-
                                 2733.
    7.........................  901 North 5th St.,          913-551-7003
                                 Kansas City, KS
                                 66101.
    8.........................  999 18th St., Suite         303-312-6312
                                 500, Denver, CO
                                 80202-2466.
    9.........................  75 Hawthorne St., San       415-744-1305
                                 Francisco, CA 94105.
    10........................  1200 Sixth Avenue,          206-553-1200
                                 Seattle, WA 98101.
-------------------------------
                      Coast Guard District Offices
------------------------------------------------------------------------
District:
    1st.......................  408 Atlantic Avenue,        617-223-8480
                                 Boston, MA 02210-
                                 3350.

[[Page 309]]

 
    5th.......................  Federal Building, 431       757-398-6638
                                 Crawford St.,
                                 Portsmouth, VA 23704-
                                 5004.
    7th.......................  909 S.E. First              305-536-5651
                                 Avenue, Miami, FL
                                 33131-3050.
    8th.......................  Hale Boggs Federal          504-589-6901
                                 Bldg., 500 Camp
                                 Street, New Orleans,
                                 LA 70130-3396.
    9th.......................  1240 E. 9th St.,            216-902-6045
                                 Cleveland, OH 44199-
                                 2060.
    11th......................  Coast Guard Island,         510-437-2940
                                 Building 50-6,
                                 Alameda, CA 94501-
                                 5100.
    13th......................  Jackson Federal             206-220-7090
                                 Bldg., 915 Second
                                 Avenue, Seattle, WA
                                 98174-1067.
    14th......................  Prince PJKK Federal         808-541-2114
                                 Bldg., Room 9212,
                                 300 Ala Moana Blvd.,
                                 Honolulu, HI 96850-
                                 4982.
    17th......................  P.O. Box 25517,             907-463-2199
                                 Juneau, AK 99802-
                                 5517.
------------------------------------------------------------------------


  Table 2--Standard Administrative Regions of States and Corresponding
                  Coast Guard Districts and EPA Regions
------------------------------------------------------------------------
            States and EPA region                 Coast Guard district
------------------------------------------------------------------------
Region I:
    Maine....................................  1st
    New Hampshire............................  1st
    Vermont:
        All except Northwestern portion......  1st
        Northwestern portion.................  1st
    Massachusetts............................  1st
    Connecticut..............................  1st
    Rhode Island.............................  1st
Region II:
    New York:
        Coastal area and Eastern portion.....  1st
        Great Lakes area and other portions..  9th
    New Jersey:
        Upper portion........................  1st
        Lower portion........................  5th
    Puerto Rico..............................  7th
    Virgin Islands...........................  7th
Region III:
    Pennsylvania:
        Eastern portion......................  5th
        Great Lakes area.....................  9th
        Southwestern portion.................  8th
    Maryland.................................  5th
    Delaware.................................  5th
    West Virginia............................  8th
    Virginia.................................  5th
    District of Columbia.....................  5th
Region IV:
    Kentucky.................................  8th
    Tennessee................................  8th
    North Carolina...........................  5th
    South Carolina...........................  7th
    Georgia..................................  7th
    Florida:
        Atlantic and Gulf coasts.............  7th
        Panhandle area.......................  8th
    Alabama                                    8th
    Mississippi                                8th
Region V:
    Minnesota:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Wisconsin:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Michigan.................................  9th
    Illinois:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Indiana:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Ohio:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
Region VI:
    New Mexico...............................  8th
    Texas....................................  8th
    Oklahoma.................................  8th
    Arkansas.................................  8th
    Louisiana................................  8th
Region VII:
    Nebraska.................................  8th
    Iowa.....................................  8th
    Kansas...................................  8th
    Missouri.................................  8th
Region VIII:
    Montana..................................  13th
    Wyoming..................................  8th
    Utah.....................................  11th
    Colorado.................................  8th
    North Dakota.............................  8th
    South Dakota.............................  8th
Region IX:
    California...............................  11th
    Nevada...................................  11th
    Arizona..................................  11th
    Hawaii...................................  14th
    Guam.....................................  14th
    American Samoa...........................  14th
    Trust Territory of the Pacific Islands...  14th
    Northern Mariana Islands.................  14th
Region X:
    Washington...............................  13th
    Oregon...................................  13th
    Idaho....................................  13th
    Alaska...................................  17th
------------------------------------------------------------------------


[CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29, 
2000]

[[Page 310]]



                   Subpart C_Removal of Discharged Oil



Sec. 153.301  Purpose.

    The purpose of this subpart is to prescribe methods and procedures 
to be used to remove discharges of oil from coastal waters.



Sec. 153.303  Applicability.

    The provisions of this subpart apply to any owner or operator of a 
vessel or onshore or offshore facility from which a discharge of oil 
into coastal waters occurs who acts to remove or arranges for the 
removal of such discharges.



Sec. 153.305  Methods and procedures for the removal of discharged oil.

    Each person who removes or arranges for the removal of a discharge 
of oil from coastal waters shall:
    (a) Use to the maximum extent possible mechanical methods and 
sorbents that:
    (1) Most effectively expedite removal of the discharged oil; and
    (2) Minimize secondary pollution from the removal operations;
    Note: The Federal OSC is authorized by the provisions of the 
National Contingency Plan to require or deny the use of specific 
mechanical methods and sorbents. Sorbent selection considerations of the 
OSC include hydrographic and meteorological conditions, characteristics 
of the sorbent, and availability of a mechanical method for containment 
and recovery.
    (b) Control the source of discharge, prevent further discharges, and 
halt or slow the spread of the discharge by mechanical methods or 
sorbents or both to the maximum extent possible;
    (c) Recover the discharged oil from the water or adjoining 
shorelines by mechanical or manual methods or both to the maximum extent 
possible;
    (d) Use chemical agents only in accordance with the provisions of 
Subpart H of the National Contingency Plan and with the prior approval 
of the Federal OSC; and
    (e) Dispose of recovered oil and oil contaminated materials in 
accordance with applicable State and local government procedures.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17966, May 16, 1986]



Sec. 153.307  Penalties.

    Any person who fails or refuses to comply with the provisions of 
this part, or to comply with an order issued by the Federal On-Scene 
Coordinator under 33 U.S.C. Sec. Sec. 1321(c) or (e)(1)(B), is liable 
for a civil penalty per day of violation or an amount equal to three 
times the costs incurred by the Oil Spill Liability Trust Fund as a 
result of such failure.

[USCG-1998-3799, 63 FR 35531, June 30, 1998]



             Subpart D_Administration of the Pollution Fund



Sec. 153.401  Purpose.

    This subpart prescribes policies, procedures, and reporting 
requirements for the payment from and deposit into the Fund established 
pursuant to section 311(k) of the Act.



Sec. 153.403  Applicability.

    The provisions of this subpart apply to:
    (a) Each Federal and State agency that desires reimbursement from 
the Fund for costs incurred during a removal activity; and
    (b) The owner or operator of the vessel or onshore or offshore 
facility from which a discharge occurs that requires Federal removal 
activity.



Sec. 153.405  Liability to the pollution fund.

    The owner or operator of the vessel or onshore or offshore facility 
from which a discharge occurs that requires Federal removal activity is 
liable to the pollution fund for the actual costs of Federal and State 
agencies, including the employment and use of personnel and equipment, 
not to exceed the limits established by sections 311(f) and (g) of the 
Act.



Sec. 153.407  Payments or reimbursements from the pollution fund.

    (a) The following costs incurred during performance of a Phase III 
activity as defined in Subpart E of the National Contingency Plan, or a 
removal action as defined in Subpart F of the National Contingency Plan, 
are reimbursable to Federal and State agencies when authorized by the 
appropriate OSC under

[[Page 311]]

the authority of section 311(c) of the Act, and are reimbursable to 
Federal agencies when authorized by the appropriate Coast Guard or EPA 
official in the case of the summary removal or destruction of a vessel, 
other ``intervention'' (as defined in Sec. 153.105(e) of this Part), or 
any other action under the authority of section 311(d) of the Act or the 
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.):
    (1) Costs found to be reasonable by the Coast Guard incurred by 
government industrial type facilities, including charges for overhead in 
accordance with the agency's industrial accounting system.
    (2) Actual costs for which an agency is required or authorized by 
any law to obtain full reimbursement.
    (3) Costs found to be reasonable by the Coast Guard incurred as a 
result of removal activity that are not ordinarily funded by an agency's 
regular appropriations and that are not incurred during normal 
operations. These costs include, but are not limited to, the following:
    (i) Travel (transportation and per diem) specifically requested of 
the agency by the On-Scene Coordinator.
    (ii) Overtime for civilian personnel specifically requested of the 
agency by the On-Scene Coordinator.
    (iii) Incremental operating costs for vessels, aircraft, vehicles, 
and equipment incurred in connection with the removal activity.
    (iv) Supplies, materials, and equipment procured for the specific 
removal activity and fully expended during the removal activity.
    (v) Lease or rental of equipment for the specific removal activity.
    (vi) Contract costs for the specific removal activity.
    (4) Claims payable under Part 25, Subpart H of this title.
    (b) The District Commander may authorize the direct payment of the 
costs found to be reasonable under paragraph (a)(3) of this section. 
Direct payment may only be made to Federal or State agencies, or to 
Federal contractors or suppliers. Direct payments to State or local 
agency contractors or suppliers will not be authorized.
    (c) The Pollution Fund is not available to pay any foreign, Federal, 
State or local government or agency for the payment or reimbursement of 
its costs incurred in the removal of oil or hazardous substances 
discharged from a vessel or facility that it owns or operates.
    Note: Federal procurement procedures governing contracts to purchase 
property and services apply to costs incurred as a result of removal 
activity. Where the public exigency will not permit the delay incident 
to advertising, purchases and contracts are negotiated pursuant to 10 
U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as applicable.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.411  Procedures for payment of judgments.

    An owner or operator of a vessel or an onshore or offshore facility 
who obtains a judgment against the United States under section 311(i) of 
the Act may have the judgment satisfied by requesting payment of the 
judgment in writing from the Commandant (G-L), 2100 Second Street SW., 
Washington, D.C. 20593. This request must be accompanied by a copy of 
the judgment and must designate to whom payment should be made.



Sec. 153.413  Deposit of money into the fund.

    Any person liable for the payment of the following shall remit 
payment by check or postal money order, payable to the U.S. Coast Guard, 
to the cognizant District Commander, or to the Commandant for deposit 
into the Pollution Fund as prescribed in section 311(k) of the Act:
    (a) A fine or penalty imposed, assessed, or compromised under 
section 311 of the Act, including the proceeds of a bond or other surety 
obtained pursuant to section 311(b)(6).
    (b) A claim asserted by the cognizant District Commander for costs 
recoverable under sections 311 (f) and (g) of the Act.
    (c) A judgment obtained by the United States for costs recoverable 
under sections 311 (f) and (g) of the Act.



Sec. 153.415  Cost summary reports.

    As soon as practicable after completion of an action authorized 
under section 311 (c) or (d) of the Act or the

[[Page 312]]

Intervention on the High Seas Act, the OSC submits a cost summary report 
to the cognizant District Commander that includes:
    (a) Names of agencies and contractors authorized to participate in 
the action;
    (b) A general description of the function performed by each 
participating agency and contractor;
    (c) An estimate of the cost of each function performed by each 
participating agency and contractor; and
    (d) A copy of contracts, memoranda, or other documents pertaining to 
the functions performed by the participating agencies and contractors.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.417  Reimbursement for actions under section 311(c) or 311(d) 
of the Act of the Intervention on the High Seas Act.

    (a) Each Federal or State agency requesting reimbursement for an 
action authorized under section 311(c) or 311(d) of the Act or under the 
Intervention on the High Seas Act must, within 60 days after completion 
of the action, submit to the cognizant District Commander, through the 
OSC for review and certification required in paragraph (b) of this 
section, lists accompanied by supporting accounting data, itemizing 
actual costs incurred.
    (b) Requests for reimbursement submitted by Federal and State 
agencies are reviewed by the OSC to ensure that the costs for which 
reimbursement is being sought were authorized as Phase III removal 
actions for oil discharges, or removal actions as defined in Subpart F 
for hazardous substance discharges, and must have one of the following 
certifications by the OSC, as appropriate:
    (1) I certify that the actions for which reimbursement is being 
requested in the attached statements were authorized by me as [(Phase 
III oil removal actions) or (hazardous substance removal actions)], and 
reasonable costs related thereto are proper for payment from the 
Pollution Fund.

________________________________________________________________________
(OSC signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

    (2) I certify that, except as noted below, the actions for which 
reimbursement is being requested in the attached statements were 
authorized by me as [(Phase III oil removal actions) or (hazardous 
substance removal actions)], and reasonable costs related thereto are 
proper for payment from the Pollution Fund. The following actions were 
not authorized by me and are not subject to reimbursement from the 
Pollution Fund:

________________________________________________________________________
(OSC Signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

[CGD 84-067, 51 FR 17967, May 16, 1986]



PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
--Table of Contents




                            Subpart A_General

Sec.
154.100 Applicability.
154.105 Definitions.
154.106 Incorporation by reference.
154.107 Alternatives.
154.108 Exemptions.
154.110 Letter of intent.
154.120 Facility examinations.

                       Subpart B_Operations Manual

154.300 Operations manual: General.
154.310 Operations manual: Contents.
154.320 Operations manual: Amendment.
154.325 Operations manual: Procedures for examination.

                    Subpart C_Equipment Requirements

154.500 Hose assemblies.
154.510 Loading arms.
154.520 Closure devices.
154.525 Monitoring devices.
154.530 Small discharge containment.
154.540 Discharge removal.
154.545 Discharge containment equipment.
154.550 Emergency shutdown.
154.560 Communications.
154.570 Lighting.

                      Subpart D_Facility Operations

154.700 General.
154.710 Persons in charge: Designation and qualification.

[[Page 313]]

154.730 Persons in charge: Evidence of designation.
154.735 Safety requirements.
154.740 Records.
154.750 Compliance with operations manual.

                     Subpart E_Vapor Control Systems

154.800 Applicability.
154.802 Definitions.
154.804 Review, certification, and initial inspection.
154.806 Application for acceptance as a certifying entity.
154.808 Vapor control system, general.
154.810 Vapor line connections.
154.812 Facility requirements for vessel liquid overfill protection.
154.814 Facility requirements for vessel vapor overpressure and vacuum 
          protection.
154.820 Fire, explosion, and detonation protection.
154.822 Detonation arresters, flame arresters, and flame screens.
154.824 Inerting, enriching, and diluting systems.
154.826 Vapor compressors and blowers.
154.828 Vapor recovery and vapor destruction units.
154.840 Personnel training.
154.850 Operational requirements.

               Subpart F_Response Plans for Oil Facilities

154.1010 Purpose.
154.1015 Applicability.
154.1016 Facility classification by COTP.
154.1017 Response plan submission requirements.
154.1020 Definitions.
154.1025 Operating restrictions and interim operating authorization.
154.1026 Qualified individual and alternate qualified individual.
154.1028 Methods of ensuring the availability of response resources by 
          contract or other approved means.
154.1029 Worst case discharge.
154.1030 General response plan contents.
154.1035 Specific requirements for facilities that could reasonably be 
          expected to cause significant and substantial harm to the 
          environment.
154.1040 Specific requirements for facilities that could reasonably be 
          expected to cause substantial harm to the environment.
154.1041 Specific response information to be maintained on mobile MTR 
          facilities.
154.1045 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group I through 
          Group IV petroleum oils.
154.1047 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group V petroleum 
          oils.
154.1050 Training.
154.1055 Exercises.
154.1057 Inspection and maintenance of response resources.
154.1060 Submission and approval procedures.
154.1065 Plan review and revision procedures.
154.1070 Deficiencies.
154.1075 Appeal process.

   Subpart G_Additional Response Plan Requirements for a Trans-Alaska 
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William 
                              Sound, Alaska

154.1110 Purpose and applicability.
154.1115 Definitions.
154.1120 Operating restrictions and interim operating authorization.
154.1125 Additional response plan requirements.
154.1130 Requirements for prepositioned response equipment.
154.1135 Response plan development and evaluation criteria.
154.1140 TAPAA facility contracting with a vessel.

 Subpart H_Response Plans for Animal Fats and Vegetable Oils Facilities

154.1210 Purpose and applicability.
154.1216 Facility classification.
154.1220 Response plan submission requirements.
154.1225 Specific response plan development and evaluation criteria and 
          other requirements for fixed facilities that handle, store, or 
          transport animal fats or vegetable oils.
154.1228 Methods of ensuring the availability of response resources by 
          contract or other approved means.
154.1240 Specific requirements for animal fats and vegetable oils 
          facilities that could reasonably be expected to cause 
          substantial harm to the environment.

     Subpart I_Response Plans for Other Non-Petroleum Oil Facilities

154.1310 Purpose and applicability.
154.1320 Response plan submission requirements.
154.1325 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport other non-
          petroleum oils.

Appendix A to Part 154--Guidelines for Detonation Flame Arresters
Appendix B to Part 154--Standard Specification for Tank Vent Flame 
          Arresters
Appendix C to Part 154--Guidelines for Determining and Evaluating 
          Required

[[Page 314]]

          Response Resources for Facility Response Plans
Appendix D to Part 154--Training Elements for Oil Spill Response Plans

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and 
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland Security 
Delegation No. 0170.1. Subpart F is also issued under 33 U.S.C. 2735.



                            Subpart A_General



Sec. 154.100  Applicability.

    (a) This part applies to each facility that is capable of 
transferring oil or hazardous materials, in bulk, to or from a vessel, 
where the vessel has a total capacity, from a combination of all bulk 
products carried, of 39.75 cubic meters (250 barrels) or more. This part 
does not apply to the facility when it is in a caretaker status. This 
part does not apply to any offshore facility operating under the 
jurisdiction of the Secretary of the Department of Interior.
    (b) Upon written notice to the facility operator, the COTP may 
apply, as necessary for the safety of the facility, its personnel, or 
the public, all or portions of Sec. 154.735 to each facility that is 
capable of transferring oil or hazardous material, in bulk, only to or 
from a vessel with a capacity of less than 250 barrels. If the facility 
is in caretaker status, the COTP may not apply the provisions of Sec. 
154.735 to the facility if its storage tanks and piping are gas free.
    (c) Upon a determination by the COTP under Sec. 154.1016 that an 
MTR facility, as defined in subpart F, could reasonably be expected to 
cause substantial harm to the environment by discharging oil into or on 
the navigable waters, adjoining shorelines, or exclusive economic zone, 
subpart F of this part is applicable to the facility.
    (d) The following sections of this part apply to mobile facilities:
    (1) Section 154.105 Definitions.
    (2) Section 154.107 Alternatives.
    (3) Section 154.108 Exemptions.
    (4) Section 154.110 Letter of Intent.
    (5) Section 154.120 Facility examinations.
    (6) Section 154.300 Operations Manual: General.
    (7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2), 
(a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16), 
(a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and 
(d).
    (8) Section 154.320 Operations Manual: Amendment.
    (9) Section 154.325 Operations Manual: Procedures for examination.
    (10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c), 
(d)(1) through (3) and (e)(1) through (3).
    (11) Section 154.520 Closure devices.
    (12) Section 154.530 Small discharge containment. Paragraphs (a)(1) 
through (3) and (d).
    (13) Section 154.545 Discharge containment equipment.
    (14) Section 154.550 Emergency shutdown.
    (15) Section 154.560 Communications.
    (16) Section 154.570 Lighting. Paragraphs (c) and (d).
    (17) Section 154.700 General.
    (18) Section 154.710 Persons in charge: Designation and 
qualification. Paragraphs (a) through (c), (d)(1) through (3), (d)(7) 
and (e).
    (19) Section 154.730 Persons in charge: Evidence of designation.
    (20) Section 154.735 Safety requirements. Paragraphs (d), (f), (g), 
(j)(1) through (2), (k)(1) through (2), (m), (o) through (q), (r)(1) 
through (3), (s) and (v).
    (21) Section 154.740 Records. Paragraphs (a) through (f) and (j).
    (22) Section 154.750 Compliance with Operations Manual.

[CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended by CGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 93-056, 61 FR 41457, Aug. 8, 1996]



Sec. 154.105  Definitions.

    As used in this part:
    Barrel means a quantity of liquid equal to 42 U.S. gallons.
    Boundary Line means any of the lines described in 46 CFR part 7.
    Captain of the Port (COTP) means the U.S. Coast Guard officer 
commanding a Captain of the Port Zone described in Part 3 of this 
chapter, or that person's authorized representative.
    Caretaker Status denotes a facility where all piping, hoses, loading 
arms, storage tanks, and related equipment in the marine transfer area 
are completely free of oil or hazardous materials, where these 
components have been certified as being gas free, where

[[Page 315]]

piping, hoses, and loading arms terminating near any body of water have 
been blanked, and where the facility operator has notified the COTP that 
the facility will be in caretaker status.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Contiguous Zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, but not extending beyond 12 miles from the baseline 
from which the breadth of the territorial sea is measured.
    District Commander means the officer of the Coast Guard designated 
by the Commandant to command a Coast Guard District, as described in 
Part 3 of this chapter or an authorized representative.
    Facility means either an onshore or offshore facility, except for an 
offshore facility operating under the jurisdiction of the Secretary of 
the Department of Interior, and includes, but is not limited to, 
structure, equipment, and appurtenances thereto, used or capable of 
being used to transfer oil or hazardous materials to or from a vessel or 
public vessel. Also included are facilities that tank clean or strip and 
any floating structure that is used to support an integral part of the 
facility's operation. A facility includes federal, state, municipal, and 
private facilities.
    Facility operator means the person who owns, operates, or is 
responsible for the operation of the facility.
    Hazardous material means a liquid material or substance, other than 
oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or 
(e).
    Marine transfer area means that part of a waterfront facility 
handling oil or hazardous materials in bulk between the vessel, or where 
the vessel moors, and the first manifold or shutoff valve on the 
pipeline encountered after the pipeline enters the secondary containment 
required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal 
manifold or loading arm, or, in the absence of secondary containment, to 
the valve or manifold adjacent to the bulk storage tank, including the 
entire pier or wharf to which a vessel transferring oil or hazardous 
materials is moored.
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973 (done at London, November 2, 1973) as 
modified by the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973 (done at 
London, February 17, 1978).
    Mobile facility means any facility that can readily change location, 
such as a tank truck or tank car, other than a vessel or public vessel.
    Monitoring device means any fixed or portable sensing device used to 
monitor for a discharge of oil or hazardous material onto the water, 
within or around a facility, and designed to notify operating personnel 
of a discharge of oil or hazardous material.
    Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast 
Guard officer commanding a Marine Inspection Zone described in Part 3 of 
this chapter, or an authorized representative.
    Offshore facility means any facility of any kind located in, on, or 
under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel.
    Oil means oil of any kind or in any form, including but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.
    Onshore facility means any facility (including, but not limited to, 
motor vehicles and rolling stock) of any kind located in, on, or under 
any land within the United States other than submerged land.
    Person in charge means an individual designated as a person in 
charge of transfer operations under Sec. 154.710 (for facilities) or 
Sec. 155.700 (for vessels) of this chapter.
    STCW means the International Convention on Standards of Training, 
Certification, and Watchkeeping for Seafarers, 1978.
    Self-propelled tank vessel means a self-propelled tank vessel other 
than a tankship.
    Tank barge means a non-self-propelled tank vessel.

[[Page 316]]

    Tankship means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that--
    (a) Is a vessel of the United States;
    (b) Operates on the navigable waters of the United States; or
    (c) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    Transfer means any movement of oil or hazardous material to, from, 
or within a vessel by means of pumping, gravitation, or displacement. A 
transfer is considered to begin when the person in charge on the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection as required by Sec. 156.150 of this chapter. 
A transfer is considered to be complete when all the connections for the 
transfer have been uncoupled and secured with blanks or other closure 
devices and both of the persons in charge have completed the declaration 
of inspection to include the date and time the transfer was complete.
    Vessel operator means a person who owns, operates, or is responsible 
for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 
25125, May 8, 1997]



Sec. 154.106  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and make the 
material available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of the Compliance (G-MOC), 
Room 1116, 2100 Second Street SW., Washington, DC 20593-0001, and at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

                   American Petroleum Institute (API)

2101 L Street NW., Washington, DC 20037
API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks 
(Nonrefrigerated and Refrigerated), Third Edition, January 1982 
(reaffirmed December 1987).......................................154.814
API Recommended Practice 550, Manual on Installation of Refinery 
Instruments and Control Systems, Part II--Process Stream Analyzers, 
Section 1--Oxygen Analyzers, Fourth Edition, February 1985.......154.824

              American National Standards Institute (ANSI)

11 West 42nd Street, New York, NY 10036
ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988.......154.500; 
                                                        154.808; 154.810
ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and 300, 
1979....................................................154.500; 154.808
ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987 
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda)...154.510; 
                                                                 154.808

            American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 631-93, Standard Guide for Collecting Skimmer Performance Data in 
Controlled Environments.......................................Appendix C
ASTM F 715-95, Standard Test Methods for Coated Fabrics Used for Oil 
Spill Control and Storage.....................................Appendix C
ASTM F 722-82 (1993), Standard Specification for Welded Joints for 
Shipboard Piping Systems..........................Appendix A; Appendix B
ASTM F 1122-87 (1992), Standard Specification for Quick Disconnect 
Couplings........................................................154.500
ASTM F 1155-98, Standard Practice for Selection and Application of 
          Piping System Materials............................Appendix A;

[[Page 317]]

                                                              Appendix B

             International Electrotechnical Commission (IEC)

Bureau Central de la Commission Electrotechnique Internationale, 1 rue 
          de Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial Purposes: 
Part 1, General Requirements, 1979...............................154.812
IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial Purposes; 
Part 2, Dimensional Interchangeability Requirements for Pin and Contact-
tube Accessories, 1981...........................................154.812

          National Electrical Manufacturers Association (NEMA)

2101 L Street NW., Washington, DC 20036
ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988...154.812

               National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding 
Processes, 1994..................................................154.735

            Oil Companies International Marine Forum (OCIMF)

96 Victoria Street, 15th Floor, London SW1E 5JW, England
International Safety Guide for Oil Tankers and Terminals, Section 6.10, 
Fourth Ed., 1996.................................................154.810
International Safety Guide for Oil Tankers and Terminals, Sections 9.1, 
9.2, 9.3 and 9.5, Fourth Ed., 1996...............................154.735

[CGD 88-032, 56 FR 35819, July 29, 1991, as amended by CGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; 61 FR 42462, Aug. 15, 1996; USCG-1999-5151, 
64 FR 67175, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 
69 FR 34926, June 23, 2004]



Sec. 154.107  Alternatives.

    (a) The COTP may consider and approve alternative procedures, 
methods, or equipment standards to be used by a facility operator in 
lieu of any requirement in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;
    (2) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request; and
    (3) The facility operator submits a written request for the 
alternative.
    (b) The COTP takes final approval or disapproval action on the 
request, submitted in accordance with paragraph (a) of this section, in 
writing within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.108  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, acting for the Commandant, grants an exemption 
or partial exemption from compliance with any requirement in this part 
if:
    (1) A facility operator submits an application for the exemption via 
the COTP; and
    (2) It is determined, from the application, that:
    (i) Compliance with the requirement is economically or physically 
impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
is not substantially increased as a result of the exemption.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and reasons for the exemption, and proposed procedures, 
methods or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection is a final agency action.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; 55 FR 
49997, Dec. 4, 1990; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-
2002-12471, 67 FR 41333, June 18, 2002]

[[Page 318]]



Sec. 154.110  Letter of intent.

    (a) The facility operator of any facility to which this part applies 
must submit a letter of intent to operate a facility or to conduct 
mobile facility operations to the COTP not less than 60 days before the 
intended operations unless a shorter period is allowed by the COTP. 
Previously submitted letters of intent need not be resubmitted.
    (b) The letter of intent required by paragraph (a) of this section 
may be in any form but must contain:
    (1) The names, addresses, and telephone numbers of the facility 
operator and the facility owner;
    (2) The name, address, and telephone number of the facility or, in 
the case of a mobile facility, the dispatching office; and
    (3) Except for a mobile facility, the geographical location of the 
facility in relation to the associated body of navigable waters.
    (c) The facility operator of any facility for which a letter of 
intent has been submitted, shall within five (5) days advise the COTP in 
writing of any changes of information and shall cancel, in writing, the 
letter for any facility at which transfer operations are no longer 
conducted.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.120  Facility examinations.

    (a) The facility operator shall allow the Coast Guard, at any time, 
to make any examination and shall perform, upon request, any test to 
determine compliance with this part and part 156, as applicable. The 
facility operator shall conduct all required testing of facility 
equipment in a manner acceptable to the Coast Guard.
    (b) The COTP shall provide the facility operator with a written 
report of the results of the examination for the record required by 
Sec. 154.740(e) and shall list the deficiencies in the report when the 
facility is not in compliance with the requirements in this part and 
Part 156 of this chapter.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980]



                       Subpart B_Operations Manual



Sec. 154.300  Operations manual: General.

    (a) The facility operator of each facility to which this part 
applies shall submit, with the letter of intent, two copies of an 
Operations Manual that:
    (1) Describes how the applicant meets the operating rules and 
equipment requirements prescribed by this part and Part 156 of this 
chapter;
    (2) Describes the responsibilities of personnel under this part and 
Part 156 of this chapter in conducting transfer operations; and
    (3) Includes translations into a language or languages understood by 
all designated persons in charge of transfer operations employed by the 
facility.
    (b) The facility operator shall maintain the operations manual so 
that it is:
    (1) Current; and
    (2) Readily available for examination by the COTP.
    (c) The COTP shall examine the Operations Manual when submitted, 
after any substantial amendment, and as otherwise required by the COTP.
    (d) In determining whether the manual meets the requirements of this 
part and Part 156 of this chapter the COTP shall consider the size, 
complexity, and capability of the facility.
    (e) If the manual meets the requirements of this part and part 156 
of this chapter, the COTP will return one copy of the manual marked 
``Examined by the Coast Guard'' as described in Sec. 154.325.
    (f) The facility operator shall ensure that a sufficient number of 
copies of the examined Operations Manual, including a sufficient number 
of the translations required by paragraph (a)(3) of this section, are 
readily available for each facility person in charge while conducting a 
transfer operation.
    Note: The facility operator may request that the contents of the 
operations manual or portions thereof be considered commercial or 
financial information that is privileged or confidential. Under the 
Freedom of Information Act, the Coast Guard would withhold any part of 
the contents of the operations

[[Page 319]]

manual from public disclosure upon determining that it is commercial or 
financial information that is privileged or confidential.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.310  Operations manual: Contents.

    (a) Each operations manual required by Sec. 154.300 must contain:
    (1) The geographic location of the facility;
    (2) A physical description of the facility including a plan and/or 
plans, maps, drawings, aerial photographs or diagrams, showing the 
boundaries of the facility subject to Coast Guard jurisdiction, mooring 
areas, transfer locations, control stations, wharfs, the extent and 
scope of the piping subject to the tests required by Sec. 156.170(c)(4) 
of this chapter, and the locations of safety equipment. For mobile 
facilities, a physical description of the facility;
    (3) The hours of operation of the facility;
    (4) The sizes, types, and number of vessels that the facility can 
transfer oil or hazardous material to or from simultaneously;
    (5) For each product transferred at the facility:
    (i) Generic or chemical name; and
    (ii) The following cargo information:
    (a) The name of the cargo as listed under appendix II of annex II of 
MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 
151.05-1, or Table 1 of 46 CFR part 153.
    (b) A description of the appearance of the cargo;
    (c) A description of the odor of the cargo;
    (d) The hazards involved in handling the cargo;
    (e) Instructions for safe handling of the cargo;
    (f) The procedures to be followed if the cargo spills or leaks, or 
if a person is exposed to the cargo; and
    (g) A list of fire fighting procedures and extinguishing agents 
effective with fires involving the cargo.
    (6) The minimum number of persons on duty during transfer operations 
and their duties;
    (7) The name and telephone number of the qualified individual 
identified under Sec. 154.1026 of this part and the title and/or 
position and telephone number of the Coast Guard, State, local, and 
other personnel who may be called by the employees of the facility in an 
emergency;
    (8) The duties of watchmen, required by Sec. 155.810 of this 
chapter and 46 CFR 35.05-15, for unmanned vessels moored at the 
facility;
    (9) A description of each communication system required by this 
part;
    (10) The location and facilities of each personnel shelter, if any;
    (11) A description and instructions for the use of drip and 
discharge collection and vessel slop reception facilities, if any;
    (12) A description and the location of each emergency shutdown 
system;
    (13) Quantity, types, locations, and instructions for use of 
monitoring devices if required by Sec. 154.525;
    (14) Quantity, type, location, instructions for use, and time limits 
for gaining access to the containment equipment required by Sec. 
154.545;
    (15) Quantity, type, location, and instructions for use of fire 
extinguishing equipment required by Sec. 154.735(d) of this part;
    (16) The maximum allowable working pressure (MAWP) of each loading 
arm, transfer pipe system, and hose assembly required to be tested by 
Sec. 156.170 of this chapter, including the maximum relief valve 
setting (or maximum system pressure when relief valves are not provided) 
for each transfer system;
    (17) Procedures for:
    (i) Operating each loading arm including the limitations of each 
loading arm;
    (ii) Transferring oil or hazardous material;
    (iii) Completion of pumping; and
    (iv) Emergencies;
    (18) Procedures for reporting and initial containment of oil or 
hazardous material discharges;
    (19) A brief summary of applicable Federal, state, and local oil or 
hazardous material pollution laws and regulations;
    (20) Procedures for shielding portable lighting authorized by the 
COTP under Sec. 154.570(c); and
    (21) A description of the training and qualification program for 
persons in charge.

[[Page 320]]

    (22) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers, symbols, color 
codes or other system acceptable to the COTP representing all such 
products and the location in the Operations Manual where a chart or list 
of symbols utilized is located and a list of the compatible products 
which may be transferred through the hose can be found for consultation 
before each transfer; and
    (23) For facilities that conduct tank cleaning or stripping 
operations, a description of their procedures.
    (b) lf a facility collects vapors emitted from vessel cargo tanks 
for recovery, destruction, or dispersion, the operations manual must 
contain a description of the vapor collection system at the facility 
which includes:
    (1) A line diagram or simplified piping and instrumentation diagram 
(P&ID) of the facility's vapor control system piping, including the 
location of each valve, control device, pressure-vacuum relief valve, 
pressure indicator, flame arrester, and detonation arrester; and
    (2) A description of the vapor control system's design and operation 
including the:
    (i) Vapor line connection;
    (ii) Startup and shutdown procedures;
    (iii) Steady state operating procedures;
    (iv) Provisions for dealing with pyrophoric sulfide (for facilities 
which handle inerted vapors of cargoes containing sulfur);
    (v) Alarms and shutdown devices; and
    (vi) Pre-transfer equipment inspection requirements.
    (c) The facility operator shall incorporate a copy of each amendment 
to the operations manual under Sec. 154.320 in each copy of the manual 
with the related existing requirement, or add the amendment at the end 
of each manual if not related to an existing requirement.
    (d) The operations manual must be written in the order specified in 
paragraph (a) of this section, or contain a cross-referenced index page 
in that order.

(Approved by the Office of Management and Budget under control number 
2115-0078)

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25428, June 21, 1990; CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.320  Operations manual: Amendment.

    (a) Using the following procedures, the COTP may require the 
facility operator to amend the operations manual if the COTP finds that 
the operations manual does not meet the requirements in this part:
    (1) The COTP will notify the facility operator in writing of any 
inadequacies in the Operations Manual. The facility operator may submit 
written information, views, and arguments regarding the inadequacies 
identified, and proposals for amending the Manual, within 45 days from 
the date of the COTP notice. After considering all relevant material 
presented, the COTP shall notify the facility operator of any amendment 
required or adopted, or the COTP shall rescind the notice. The amendment 
becomes effective 60 days after the facility operator receives the 
notice, unless the facility operator petitions the Commandant to review 
the COTP's notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP who issued the requirement to amend 
the Operations Manual.
    (2) If the COTP finds that there is a condition requiring immediate 
action to prevent the discharge or risk of discharge of oil or hazardous 
material that makes the procedure in paragraph (a)(1) of this section 
impractical or contrary to the public interest, the COTP may issue an 
amendment effective on the date the facility operator receives notice of 
it. In such a case, the COTP shall include a brief statement of the 
reasons for the findings in the notice. The owner or operator may 
petition the Commandant to review the amendment, but the petition does 
not delay the amendment.

[[Page 321]]

    (b) The facility operator may propose amendments to the operations 
manual by:
    (1) Submitting any proposed amendment and reasons for the amendment 
to the COTP not less than 30 days before the requested effective date of 
the proposed amendment; or
    (2) If an immediate amendment is needed, requesting the COTP to 
approve the amendment immediately.
    (c) The COTP shall respond to proposed amendments submitted under 
paragraph (b) of this section by:
    (1) Approving or disapproving the proposed amendments;
    (2) Advising the facility operator whether the request is approved, 
in writing, before the requested date of the amendments;
    (3) Including any reasons in the written response if the request is 
disapproved; and
    (4) If the request is made under paragraph (b)(2) of this section 
immediately approving or rejecting the request.
    (d) Amendments to personnel and telephone number lists required by 
Sec. 154.310(a)(7) of this part do not require examination by the COTP, 
but the COTP must be advised of such amendments as they occur.

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.325  Operations manual: Procedures for examination.

    (a) The operator of a facility shall submit two copies of the 
Operations Manual to the Captain of the Port of the zone in which the 
facility is located.
    (b) Not less than 60 days prior to any transfer operation, the 
operator of a new facility shall submit, with the letter of intent, two 
copies of the Operations Manual to the Captain of the Port of the zone 
in which the facility is located.
    (c) After a facility is removed from caretaker status, not less than 
30 days prior to any transfer operation the operator of that facility 
shall submit two copies of the Operations Manual to the COTP of the zone 
in which the facility is located unless the manual has been previously 
examined and no changes have been made since the examination.
    (d) If the COTP finds that the Operations Manual meets the 
requirements of this part and part 156 of this chapter, the COTP will 
return one copy of the manual to the operator marked ``Examined by the 
Coast Guard''.
    (e) If the COTP finds that the Operations Manual does not meet the 
requirements of this part and/or part 156 of this chapter, the COTP will 
return the manuals with an explanation of why it does not meet the 
requirements of this chapter.
    (f) No person may use any Operations Manual for transfer operations 
as required by this chapter unless the Operations Manual has been 
examined by the COTP.
    (g) The Operations Manual is voided if the facility operator--
    (1) Amends the Operations Manual without following the procedures in 
Sec. 154.320 of this part;
    (2) Fails to amend the Operations Manual when required by the COTP; 
or
    (3) Notifies the COTP in writing that the facility will be placed in 
caretaker status.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



                    Subpart C_Equipment Requirements



Sec. 154.500  Hose assemblies.

    Each hose assembly used for transferring oil or hazardous material 
must meet the following requirements:
    (a) The minimum design burst pressure for each hose assembly must be 
at least four times the sum of the pressure of the relief valve setting 
(or four times the maximum pump pressure when no relief valve is 
installed) plus the static head pressure of the transfer system, at the 
point where the hose is installed.
    (b) The maximum allowable working pressure (MAWP) for each hose 
assembly must be more than the sum of the pressure of the relief valve 
setting (or the maximum pump pressure when no relief valve is installed) 
plus the static head pressure of the transfer system, at the point where 
the hose is installed.
    (c) Each nonmetallic hose must be usable for oil or hazardous 
material service.

[[Page 322]]

    (d) Each hose assembly must either have:
    (1) Full threaded connections;
    (2) Flanges that meet standard B16.5, Steel Pipe Flanges and Flang 
Fittings, or standard B.16.24, Brass or Bronze Pipe Flanges, of the 
American National Standards Institute (ANSI); or
    (3) Quick-disconnect couplings that meet ASTM F 1122 (incorporated 
by reference, see Sec. 154.106).
    (e) Each hose must be marked with one of the following:
    (1) The name of each product for which the hose may be used; or
    (2) For oil products, the words ``OIL SERVICE''; or
    (3) For hazardous materials, the words ``HAZMAT SERVICE--SEE LIST'' 
followed immediately by a letter, number or other symbol that 
corresponds to a list or chart contained in the facility's operations 
manual or the vessel's transfer procedure documents which identifies the 
products that may be transferred through a hose bearing that symbol.
    (f) Each hose also must be marked with the following, except that 
the information required by paragraphs (f)(2) and (3) of this section 
need not be marked on the hose if it is recorded in the hose records of 
the vessel or facility, and the hose is marked to identify it with that 
information:
    (1) Maximum allowable working pressure;
    (2) Date of manufacture; and
    (3) Date of the latest test required by Sec. 156.170.
    (g) The hose burst pressure and the pressure used for the test 
required by Sec. 156.170 of this chapter must not be marked on the hose 
and must be recorded elsewhere at the facility as described in paragraph 
(f) of this section.
    (h) Each hose used to transfer fuel to a vessel that has a fill pipe 
for which containment can not practically be provided must be equipped 
with an automatic back pressure shutoff nozzle.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 88-032, 56 FR 35820, July 29, 1991; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996; 
USCG-2000-7223, 65 FR 40057, June 29, 2000]



Sec. 154.510  Loading arms.

    (a) Each mechanical loading arm used for transferring oil or 
hazardous material and placed into service after June 30, 1973, must 
meet the design, fabrication, material, inspection, and testing 
requirements in ANSI B31.3.
    (b) The manufacturer's certification that the standard in paragraph 
(a) of this section has been met must be permanently marked on the 
loading arm or recorded elsewhere at the facility with the loading arm 
marked to identify it with that information.
    (c) Each mechanical loading arm used for transferring oil or 
hazardous material must have a means of being drained or closed before 
being disconnected after transfer operations are completed.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.520  Closure devices.

    (a) Except as provided in paragraph (b) of this section, each 
facility to which this part applies must have enough butterfly valves, 
wafer-type resilient seated valves, blank flanges, or other means 
acceptable to the COTP to blank off the ends of each hose or loading arm 
that is not connected for the transfer of oil or hazardous material. 
Such hoses and/or loading arms must be blanked off during the transfer 
of oil or hazardous material. A suitable material in the joints and 
couplings shall be installed on each end of the hose assembly or loading 
arm not being used for transfer to ensure a leak-free seal.
    (b) A new, unused hose, and a hose that has been cleaned and is gas 
free, is exempt from the requirements of paragraph (a) of this section.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.525  Monitoring devices.

    The COTP may require the facility to install monitoring devices if 
the installation of monitoring devices at the facility would 
significantly limit the size of a discharge of oil or hazardous material 
and either:
    (a) The environmental sensitivity of the area requires added 
protection;

[[Page 323]]

    (b) The products transferred at the facility pose a significant 
threat to the environment; or
    (c) The size or complexity of the transfer operation poses a 
significant potential for a discharge of oil or hazardous material.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.530  Small discharge containment.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, each facility to which this part applies must have fixed 
catchments, curbing, or other fixed means to contain oil or hazardous 
material discharged in at least--
    (1) Each hose handling and loading arm area (that area on the 
facility that is within the area traversed by the free end of the hose 
or loading arm when moved from its normal stowed or idle position into a 
position for connection);
    (2) Each hose connection manifold area; and
    (3) Under each hose connection that will be coupled or uncoupled as 
part of the transfer operation during coupling, uncoupling, and 
transfer.
    (b) The discharge containment means required by paragraph (a) of 
this section must have a capacity of at least:
    (1) Two barrels if it serves one or more hoses of 6-inch inside 
diameter or smaller, or loading arms of 6-inch nominal pipe size 
diameter or smaller;
    (2) Three barrels if it serves one or more hoses with an inside 
diameter of more than 6-inches, but less than 12 inches, or loading arms 
with a nominal pipe size diameter of more than 6 inches, but less than 
12 inches; or
    (3) Four barrels if it serves one or more hoses of 12-inch inside 
diameter or larger, or loading arms of 12-inch nominal pipe size 
diameter or larger.
    (c) The facility may use portable means of not less than \1/2\ 
barrel capacity each to meet the requirements of paragraph (a) of this 
section for part or all of the facility if the COTP finds that fixed 
means to contain oil or hazardous material discharges are not feasible.
    (d) A mobile facility may have portable means of not less than five 
gallons capacity to meet the requirements of paragraph (a) of this 
section.
    (e) Fixed or portable containment may be used to meet the 
requirements of paragraph (a)(3) of this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.540  Discharge removal.

    Each facility to which this part applies must have a means to safely 
remove discharged oil or hazardous material, within one hour of 
completion of the transfer, from the containment required by Sec. 
154.530 of this part without discharging the oil or hazardous material 
into the water.

[CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.545  Discharge containment equipment.

    (a) Each facility must have ready access to enough containment 
material and equipment to contain any oil or hazardous material 
discharged on the water from operations at that facility.
    (b) For the purpose of this section, ``access'' may be by direct 
ownership, joint ownership, cooperative venture, or contractual 
agreement.
    (c) Each facility must establish time limits, subject to approval by 
the COTP, for deployment of the containment material and equipment 
required by paragraph (a) of this section considering:
    (1) Oil or hazardous material handling rates;
    (2) Oil or hazardous material capacity susceptible to being spilled;
    (3) Frequency of facility operations;
    (4) Tidal and current conditions;
    (5) Facility age and configuration; and
    (6) Past record of discharges.
    (d) The COTP may require a facility to surround each vessel 
conducting an oil or hazardous material transfer operation with 
containment material before commencing a transfer operation if--
    (1) The environmental sensitivity of the area requires the added 
protection;
    (2) The products transferred at the facility pose a significant 
threat to the environment;
    (3) The past record of discharges at the facility is poor; or

[[Page 324]]

    (4) The size or complexity of the transfer operation poses a 
significant potential for a discharge of oil or hazardous material; and
    (5) The use of vessel containment provides the only practical means 
to reduce the extent of environmental damage.
    (e) Equipment and procedures maintained to satisfy the provisions of 
this chapter may be utilized in the planning requirements of subpart F 
and subpart H of this part.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-
5149, 65 FR 40825, June 30, 2000]



Sec. 154.550  Emergency shutdown.

    (a) The facility must have an emergency means to enable the person 
in charge of the transfer on board the vessel, at that person's usual 
operating station, to stop the flow of oil or hazardous material from 
the facility to the vessel. The means must be--
    (1) An electrical, pneumatic, or mechanical linkage to the facility; 
or
    (2) An electronic voice communications system continuously operated 
by a person on the facility who can stop the flow of oil or hazardous 
material immediately.
    (b) The point in the transfer system at which the emergency means 
stops the flow of oil or hazardous material on the facility must be 
located near the dock manifold connection to minimize the loss of oil or 
hazardous material in the event of the rupture or failure of the hose, 
loading arm, or manifold valve.
    (c) For oil transfers, the means used to stop the flow under 
paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred oil on or before November 1, 1980; and
    (2) 30 seconds on any facility that first transfers oil after 
November 1, 1980.
    (d) For hazardous material transfers, the means used to stop the 
flow under paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred hazardous material before October 4, 1990; and
    (2) 30 seconds on any facility that first transfers hazardous 
material on or after October 4, 1990.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990]



Sec. 154.560  Communications.

    (a) Each facility must have a means that enables continuous two-way 
voice communication between the person in charge of the vessel transfer 
operation and the person in charge of the facility transfer operation.
    (b) Each facility must have a means, which may be the communications 
system itself, that enables a person on board a vessel or on the 
facility to effectively indicate the desire to use the means of 
communication required by paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions of weather at the facility.
    (d) A facility may use the system in Sec. 154.550(a)(2) to meet the 
requirement of paragraph (a) of this section.
    (e) Portable radio devices used to comply with paragraph (a) of this 
section during the transfer of flammable or combustible liquids must be 
marked as intrinsically safe by the manufacturer of the device and 
certified as intrinsically safe by a national testing laboratory or 
other certification organization approved by the Commandant as defined 
in 46 CFR 111.105-11. As an alternative to the marking requirement, 
facility operators may maintain documentation at the facility certifying 
that the portable radio devices in use at the facility are in compliance 
with this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as 
amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.570  Lighting.

    (a) Except as provided in paragraph (c) of this section, for 
operations between sunset and sunrise, a facility must have fixed 
lighting that adequately illuminates:
    (1) Each transfer connection point on the facility;

[[Page 325]]

    (2) Each transfer connection point in use on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred;
    (3) Each transfer operations work area on the facility; and
    (4) Each transfer operation work area on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred.
    (b) Where the illumination is apparently inadequate, the COTP may 
require verification by instrument of the levels of illumination. On a 
horizontal plane 3 feet above the barge deck or walking surface, 
illumination must measure at least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) For small or remote facilities, the COTP may authorize 
operations with an adequate level of illumination provided by the vessel 
or by portable means.
    (d) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990]



                      Subpart D_Facility Operations



Sec. 154.700  General.

    No person may operate a facility unless the equipment, personnel, 
and operating procedures of that facility meet the requirements of this 
part.

[CGD 75-124, 45 FR 7173, Jan. 31, 1980]



Sec. 154.710  Persons in charge: Designation and qualification.

    No person may serve, and the facility operator may not use the 
services of a person, as person in charge of facility transfer 
operations unless:
    (a) The facility operator has designated that person as a person in 
charge;
    (b) The person has had at least 48 hours of experience in transfer 
operations at a facility in operations to which this part applies. The 
person also has enough experience at the facility for which 
qualification is desired to enable the facility operator to determine 
that the person's experience is adequate;
    (c) The person has completed a training and qualification program 
established by the facility operator and described in the Operations 
Manual in accordance with Sec. 154.310(a)(21), that provides the person 
with the knowledge and training necessary to properly operate the 
transfer equipment at the facility, perform the duties described in 
paragraph (d) of this section, follow the procedures required by this 
part, and fulfill the duties required of a person in charge during an 
emergency, except that the COTP may approve alternative experience and 
training requirements for new facilities; and
    (d) The facility operator must certify that each person in charge 
has the knowledge of, and skills necessary to--
    (1) The hazards of each product to be transferred;
    (2) The rules in this part and in Part 156 of this chapter;
    (3) The facility operating procedures as described in the operations 
manual;
    (4) Vessel transfer systems, in general;
    (5) Vessel transfer control systems, in general;
    (6) Each facility transfer control system to be used;
    (7) Follow local discharge reporting procedures; and
    (8) Carry out the facility's response plan for discharge reporting 
and containment.
    (e) Training conducted to comply with the hazard communication 
programs required by the Occupational Safety and Health Administration 
(OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) or the 
Environmental Protection Agency (EPA) (40 CFR 311.1), or to meet the 
requirements of subpart F of this part may be used to satisfy the 
requirements in paragraphs (c) and (d) of this section, as long as the 
training addresses the

[[Page 326]]

requirements in paragraphs (c) and (d) of this section.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended by CGD 86-034, 55 
FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.730  Persons in charge: Evidence of designation.

    Each person in charge shall carry evidence of his designation as a 
person in charge when he is engaged in transfer operations unless such 
evidence is immediately available at the facility.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972]



Sec. 154.735  Safety requirements.

    Each operator of a facility to which this part applies shall ensure 
that the following safety requirements are met at the facility:
    (a) Access to the facility by firefighting personnel, fire trucks, 
or other emergency personnel is not impeded.
    (b) Materials which are classified as hazardous under 49 CFR parts 
170 through 179 are kept only in the quantities needed for the operation 
or maintenance of the facility and are stored in storage compartments.
    (c) Gasoline or other fuel is not stored on a pier, wharf, or other 
similar structure.
    (d) A sufficient number of fire extinguishers approved by an 
independent laboratory listed in 46 CFR 162.028-5 for fighting small, 
localized fires are in place throughout the facility and maintained in a 
ready condition.
    (e) The location of each hydrant, standpipe, hose station, fire 
extinguisher, and fire alarm box is conspicuously marked and readily 
accessible.
    (f) Each piece of protective equipment is ready to operate.
    (g) Signs indicating that smoking is prohibited are posted in areas 
where smoking is not permitted.
    (h) Trucks and other motor vehicles are operated or parked only in 
designated locations.
    (i) All rubbish is kept in receptacles.
    (j) All equipment with internal combustion engines used on the 
facility--
    (1) Does not constitute a fire hazard; and
    (2) Has a fire extinguisher attached that is approved by an 
independent laboratory listed in 46 CFR 162.028-5, unless such a fire 
extinguisher is readily accessible nearby on the facility.
    (k) Spark arresters are provided on chimneys or appliances which--
    (1) Use solid fuel; or
    (2) Are located where sparks constitute a hazard to nearby 
combustible material.
    (l) All welding or hot work conducted on or at the facility is the 
responsibility of the facility operator. The COTP may require that the 
operator of the facility notify the COTP before any welding or hot work 
operations are conducted. Any welding or hot work operations conducted 
on or at the facility must be conducted in accordance with NFPA 51B. The 
facility operator shall ensure that the following additional conditions 
or criteria are met:
    (1) Welding or hot work is prohibited during gas freeing operations, 
within 30.5 meters (100 feet) of bulk cargo operations involving 
flammable or combustible materials, within 30.5 meters (100 feet) of 
fueling operations, or within 30.5 meters (100 feet) of explosives or 
15.25 meters (50 feet) of other hazardous materials.
    (2) If the welding or hot work is on the boundary of a compartment 
(i.e., bulkhead, wall or deck) an additional fire watch shall be 
stationed in the adjoining compartment.
    (3) Personnel on fire watch shall have no other duties except to 
watch for the presence of fire and to prevent the development of 
hazardous conditions.
    (4) Flammable vapors, liquids or solids must first be completely 
removed from any container, pipe or transfer line subject to welding or 
hot work.
    (5) Tanks used for storage of flammable or combustible substances 
must be tested and certified gas free prior to starting hot work.
    (6) Proper safety precautions in relation to purging, inserting, or 
venting shall be followed for hot work on containers;
    (7) All local laws and ordinances shall be observed;

[[Page 327]]

    (8) In case of fire or other hazard, all cutting, welding or other 
hot work equipment shall be completely secured.
    (m) Heating equipment has sufficient clearance to prevent unsafe 
heating of nearby combustible material.
    (n) Automotive equipment having an internal combustion engine is not 
refueled on a pier, wharf, or other similar structure.
    (o) There are no open fires or open flame lamps.
    (p) Electric wiring and equipment is maintained in a safe condition 
so as to prevent fires.
    (q) Electrical wiring and electrical equipment installed after 
October 4, 1990, meet NFPA 70.
    (r) Electrical equipment, fittings, and devices installed after 
October 4, 1990, show approval for that use by--
    (1) Underwriters Laboratories;
    (2) Factory Mutual Research Corporation; or
    (3) Canadian Standards Association.
    (s) Tank cleaning or gas freeing operations conducted by the 
facility on vessels carrying oil residues or mixtures shall be conducted 
in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the OCIMF 
International Safety Guide for Oil Tankers and Terminals (ISGOTT), 
except that--
    (1) Prohibitions in ISGOTT against the use of recirculated wash 
water do not apply if the wash water is first processed to remove 
product residues;
    (2) The provision in ISGOTT section 9.2.10 concerning flushing the 
bottom of tanks after every discharge of leaded gasoline does not apply;
    (3) The provision in ISGOTT section 9.2.11 concerning that removal 
of sludge, scale, and sediment does not apply if personnel use breathing 
apparatus which protect them from the tank atmosphere; and
    (4) Upon the request of the facility owner or operator in accordance 
with Sec. 154.107, the COTP may approve the use of alternative 
standards to ISGOTT if the COTP determines that the alternative 
standards provide an equal level of protection to the ISGOTT standards.
    (t) Guards are stationed, or equivalent controls acceptable to the 
COTP are used to detect fires, report emergency conditions, and ensure 
that access to the marine transfer area is limited to--
    (1) Personnel who work at the facility including persons assigned 
for transfer operations, vessel personnel, and delivery and service 
personnel in the course of their business;
    (2) Coast Guard personnel;
    (3) Other Federal, State, or local governmental officials; and
    (4) Other persons authorized by the operator.
    (u) Smoking shall be prohibited at the facility except that facility 
owners or operators may authorize smoking in designated areas if--
    (1) Smoking areas are designated in accordance with local ordinances 
and regulations;
    (2) Signs are conspicuously posted marking such authorized smoking 
areas; and
    (3) ``No Smoking'' signs are conspicuously posted elsewhere on the 
facility.
    (v) Warning signs shall be displayed on the facility at each 
shoreside entry to the dock or berth, without obstruction, at all times 
for fixed facilities and for mobile facilities during coupling, transfer 
operation, and uncoupling. The warning signs shall conform to 46 CFR 
151.45-2(e)(1) or 46 CFR 153.955.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 
41460, Aug. 8, 1996]



Sec. 154.740  Records.

    Each facility operator shall maintain at the facility and make 
available for examination by the COTP:
    (a) A copy of the letter of intent for the facility;
    (b) The name of each person designated as a person in charge of 
transfer operations at the facility and certification that each person 
in charge has completed the training requirements of Sec. 154.710 of 
this part;
    (c) The date and result of the most recent test or examination of 
each item tested or examined under Sec. 156.170 of this chapter;
    (d) The hose information required by Sec. 154.500 (e) and (g) 
except that marked on the hose;
    (e) The record of all examinations of the facility by the COTP 
within the last 3 years;

[[Page 328]]

    (f) The Declaration of Inspection required by Sec. 156.150(f) of 
this chapter;
    (g) A record of all repairs made within the last three years 
involving any component of the facility's vapor control system required 
by subpart E of this part;
    (h) A record of all automatic shut downs of the facility's vapor 
control system within the last 3 years; and
    (i) Plans, calculations, and specifications of the facility's vapor 
control system certified under Sec. 154.804 of this part.
    (j) If they are not marked as such, documentation that the portable 
radio devices in use at the facility under Sec. 154.560 of this part 
are intrinsically safe.

(Approved by the Office of Management and Budget under control number 
2115-0096)

[CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25429, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 93-
056, 61 FR 41461, Aug. 8, 1996]



Sec. 154.750  Compliance with operations manual.

    The facility operator shall require facility personnel to use the 
procedures in the operations manual prescribed by Sec. 154.300 for 
operations under this part.

[CGD 75-124, 45 FR 7174, Jan. 31, 1980]



                     Subpart E_Vapor Control Systems

    Source: CGD 88-102, 55 FR 25429, June 21, 1990, unless otherwise 
noted.



Sec. 154.800  Applicability.

    (a) Except as specified by paragraph (c) of this section, this 
subpart applies to:
    (1) Each facility which collects vapors of crude oil, gasoline 
blends, or benzene emitted from vessel cargo tanks;
    (2) A vessel which is not a tank vessel that has a vapor processing 
unit located on board for recovery, destruction, or dispersion of crude 
oil, gasoline blends, or benzene vapors from a tank vessel; and
    (3) Certifying entities which review, inspect, test, and certify 
facility vapor control systems.
    (b) A facility which collects vapors of flammable or combustible 
cargoes other than crude oil, gasoline blends, or benzene, must meet the 
requirements prescribed by the Commandant (G-MSO).
    (c) A facility with an existing Coast Guard approved vapor control 
system which was operating prior to July 23, 1990 is subject only to 
Sec. 154.850 of this subpart as long as it receives cargo vapor only 
from the specific vessels for which it was approved.
    (d) This subpart does not apply to the collection of vapors of 
liquefied flammable gases as defined in 46 CFR 30.10-39.
    (e) When a facility vapor control system which receives cargo vapor 
from a vessel is connected to a facility vapor control system that 
serves tank storage areas and other refinery processes, the specific 
requirements of this subpart apply between the vessel vapor connection 
and the point where the vapor control system connects to the facility's 
main vapor control system.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.802  Definitions.

    As used in this subpart:
    Certifying entity means an individual or organization accepted by 
the Commandant (G-MSO) to review plans and calculations for vapor 
control system designs, and to conduct initial inspections and witness 
tests of vapor control system installations.
    Existing vapor control system means a vapor control system which was 
operating prior to July 23, 1990.
    Facility vapor connection means the point in a facility's vapor 
collection system where it connects to a vapor collection hose or the 
base of a vapor collection arm.
    Inerted means the oxygen content of the vapor space in a tank 
vessel's cargo tank is reduced to 8 percent by volume or less in 
accordance with the inert gas requirements of 46 CFR 32.53 or 46 CFR 
153.500.
    Liquid knockout vessel means a device to separate liquid from vapor.
    Maximum allowable transfer rate means the maximum volumetric rate at 
which a vessel may receive cargo or ballast.

[[Page 329]]

    New vapor control system means a vapor control system which is not 
an existing vapor control system.
    Vapor balancing means the transfer of vapor displaced by incoming 
cargo from the tank of a vessel receiving cargo into a tank of the 
vessel or facility delivering cargo via a vapor collection system.
    Vapor collection system means an arrangement of piping and hoses 
used to collect vapor emitted from a vessel's cargo tanks and transport 
the vapor to a vapor processing unit.
    Vapor control system means an arrangement of piping and equipment 
used to control vapor emissions collected from a vessel, and includes 
the vapor collection system and the vapor processing unit.
    Vapor destruction unit means a vapor processing unit that destroys 
cargo vapor by a means such as incineration.
    Vapor dispersion system means a vapor processing unit which releases 
cargo vapor to the atmosphere through a venting system not located on 
the vessel being loaded or ballasted.
    Vapor processing unit means the components of a vapor control system 
that recovers, destroys, or disperses vapor collected from a vessel.
    Vapor recovery unit means a vapor processing unit that recovers 
cargo vapor by a non-destructive means such as lean oil absorbtion, 
carbon bed adsorption, or refrigeration.
    Vessel vapor connection means the point in a vessel's fixed vapor 
collection system where it connects to a vapor collection hose or arm.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.804  Review, certification, and initial inspection.

    (a) A new vapor control system installation must be certified by a 
certifying entity as meeting the requirements of this subpart prior to 
operating.
    (b) [Reserved]
    (c) An existing vapor control system installation that has been 
Coast Guard approved for operation with specific vessels must be 
certified by a certifying entity prior to receiving vapors from other 
vessels.
    (d) Plans and information submitted to the certifying entity must 
include a qualitative failure analysis. The analysis must demonstrate 
the following:
    (1) The vapor control system is designed to permit the system to 
continuously operate safely when receiving cargo vapors from tankships 
and barges over the full range of transfer rates expected at the 
facility;
    (2) The vapor control system is provided with the proper alarms and 
automatic control systems to prevent unsafe operation;
    (3) The vapor control system is equipped with sufficient automatic 
or passive devices to minimize damage to personnel, property, and the 
environment if an accident were to occur; and
    (4) If a quantitative failure analysis is also conducted, the level 
of safety attained is at least one order of magnitude greater than that 
calculated for operating without a vapor control system.
    Note: The American Institute of Chemical Engineers publication, 
``Guidelines for Hazard Evaluation Procedures'' may be used as guidance 
when preparing a qualitative failure analysis. Military Standard MIL-
STD-882B may be used as guidance when preparing a quantitative failure 
analysis.
    (e) The certifying entity must conduct all initial inspections and 
witness all tests required to demonstrate that the facility:
    (1) Conforms to certified plans and specifications;
    (2) Meets the requirements of this subpart; and
    (3) Is operating properly.
    (f) Upon receipt of written certification from the certifying entity 
that a facility's vapor control system complies with the requirements of 
this part the COTP shall endorse the letter of adequacy required by 
Sec. 154.325 of this part to indicate that the facility is acceptable 
for collecting vapors of crude oil, gasoline blends, benzene, or any 
other vapors for which it is certified.
    (g) Any design or configuration alteration involving a certified 
vapor control system must be reviewed by a certifying entity. After 
conducting any inspections and witnessing tests necessary to verify that 
the modified

[[Page 330]]

vapor control system meets the requirements of this subpart, the 
certifying entity must recertify the installation.
    (h) Certifications issued in accordance with this section and a copy 
of the plans, calculations, and specifications for the vapor control 
system must be maintained at the facility.
    (i) A certifying entity accepted under Sec. 154.806 of this subpart 
may not certify a facility vapor control system if it was involved in 
the design or installation of the system.

(Approved by the Office of Management and Budget under control number 
2115-0581)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 154.806  Application for acceptance as a certifying entity.

    (a) An individual or organization seeking acceptance as a certifying 
entity must apply in writing to the Commandant (G-MSO). Each application 
must be signed and certified to be correct by the applicant or, if the 
applicant is an organization, by an authorized officer or official 
representative of the organization, and must include a letter of intent 
from a facility owner or operator to use the services of the individual 
or organization to certify a vapor control system installation. Any 
false statement or misrepresentation, or the knowing and willful 
concealment of a material fact may subject the applicant to prosecution 
under the provisions of 18 U.S.C. 1001, and denial or termination of 
acceptance as a certifying entity.
    (b) The applicant must possess the following minimum qualifications, 
and be able to demonstrate these qualifications to the satisfaction of 
the Commandant (G-MSO):
    (1) The ability to review and evaluate design drawings and failure 
analyses;
    (2) A knowledge of the applicable regulations of this subpart, 
including the standards incorporated by reference in these regulations;
    (3) The ability to monitor and evaluate test procedures and results;
    (4) The ability to perform inspections and witness tests of bulk 
liquid cargo handling systems;
    (5) That it is not controlled by an owner or operator of a vessel or 
facility engaged in controlling vapor emissions; and
    (6) That it is not dependent upon Coast Guard acceptance under this 
section to remain in business.
    (c) Each application for acceptance must contain the following:
    (1) The name and address of the applicant, including subsidiaries 
and divisions if applicable;
    (2) A statement that the applicant is not controlled by an owner or 
operator of a vessel or facility engaged in controlling vapor emissions, 
or a full disclosure of any ownership or controlling interest held by 
such owners or operators;
    (3) A description of the experience and qualifications of the 
person(s) who would be reviewing or testing the systems;
    (4) A statement that the person(s) who would be reviewing or testing 
the systems is/are familiar with the regulations in this subpart; and
    (5) A statement that the Coast Guard may verify the information 
submitted in the application and may examine the person(s) who would be 
reviewing or testing the systems to determine their qualifications.
    (d) The acceptance of a certifying entity may be terminated by the 
Commandant (G-MSO) if the entity fails to properly review, inspect, or 
test a system in accordance with this subpart.
    Note: A list of entities accepted to certify facility vapor control 
system installations is available from the Commandant (G-MSO).

(Approved by the Office of Management and Budget under control number 
2115-0581)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.808  Vapor control system, general.

    (a) A vapor control system design and installation must eliminate 
potential overfill hazards, overpressure and vacuum hazards, and sources 
of ignition to the maximum practical extent. Each remaining hazard 
source which is not eliminated must be specifically addressed in the 
protection system design and operational requirements.

[[Page 331]]

    (b) Vapor collection system piping and fittings must be in 
accordance with ANSI B31.3 and designed for a maximum allowable working 
pressure of at least 150 psig. Valves and flanges must be in accordance 
with ANSI B16.5 or B16.24, 150 pound class.
    (c) All electrical equipment used in a vapor control system must 
comply with NFPA 70.
    (d) Any pressure, flow, or concentration indication required by this 
part must provide a remote indicator on the facility where the cargo 
transfer and vapor control systems are controlled.
    (e) Any alarm condition specified in this part must activate an 
audible and visible alarm where the cargo transfer and vapor control 
systems are controlled.
    (f) The vapor control system must be separated or insulated from 
external heat sources to limit vapor control system piping surface 
temperature to not more than 177 [deg]C. (350 [deg]F.) during normal 
operation.
    (g) A means must be provided to eliminate any liquid condensate from 
the vapor collection system which carries over from the vessel or 
condenses as a result of an enrichment process.
    (h) If a liquid knockout vessel is installed it must have:
    (1) A means to indicate the level of liquid in the device;
    (2) A high liquid level sensor that activates an alarm; and
    (3) A high high level sensor that closes the remotely operated cargo 
vapor shutoff valve required by Sec. 154.810(a) of this subpart and 
shuts down any compressors or blowers prior to liquid carrying over from 
the vessel to the compressor or blower.
    (i) Vapor collection piping must be electrically grounded and 
electrically continuous.
    (j) If the facility handles inerted vapors of cargoes containing 
sulfur, provisions must be made to control heating from pyrophoric iron 
sulfide deposits in the vapor collection line.



Sec. 154.810  Vapor line connections.

    (a) A remotely operated cargo vapor shutoff valve must be installed 
in the vapor collection line between the facility vapor connection and 
the nearest point where any inerting, enriching, or diluting gas is 
introduced into the vapor collection line or where a detonation arrester 
is fitted. The valve must:
    (1) Close within thirty (30) seconds after detection of a shutdown 
condition by a component required by this subpart;
    (2) Close automatically if the control signal is lost;
    (3) Activate an alarm when a signal to shut down is received;
    (4) Be capable of manual operation or manual activation;
    (5) Have a local valve position indicator or be designed so that the 
valve position can be readily determined from the valve handle or valve 
stem position; and
    (6) If the valve seat is fitted with resilient material, not allow 
appreciable leakage when the resilient material is damaged or destroyed.
    (b) Except when a vapor collection arm is used, the last 1.0 meter 
(3.3 feet) of vapor piping before the facility vapor connection must be:
    (1) Painted red/yellow/red with:
    (i) The red bands 0.1 meter (0.33 feet) wide, and
    (ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
    (2) Labeled ``VAPOR'' in black letters at least 50 millimeters (2 
inches) high.
    (c) Each facility vapor connection flange must have a permanently 
attached 0.5 inch diameter stud at least 1.0 inch long projecting 
outward from the flange face. The stud must be located at the top of the 
flange, midway between bolt holes, and in line with the bolt hole 
pattern.
    (d) Each hose used for transferring vapors must:
    (1) Have a design burst pressure of at least 25 psig;
    (2) Have a maximum allowable working pressure of at least 5 psig;
    (3) Be capable of withstanding at least 2.0 psi vacuum without 
collapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of ten 
thousand (10,000) ohms;
    (5) Have flanges with:
    (i) A bolt hole arrangement complying with the requirements for 150 
pound class ANSI B16.5 flanges, and

[[Page 332]]

    (ii) One or more 0.625 inch diameter holes in the flange located 
midway between bolt holes and in line with the bolt hole pattern;
    (6) Be abrasion resistant and resistant to kinking; and
    (7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose 
marked in accordance with paragraph (b) of this section.
    (e) Vapor hose handling equipment must be provided with hose saddles 
which provide adequate support to prevent kinking or collapse of hoses.
    (f) Fixed vapor collection arms must:
    (1) Meet the requirements of paragraphs (d)(1) through (d)(5) of 
this section;
    (2) Have the last 1.0 meter (3.3 feet) of the arm marked in 
accordance with paragraph (b) of this section.
    (g) The facility vapor connection must be electrically insulated 
from the vessel vapor connection in accordance with section 6.10 of the 
OCIMF International Safety Guide for Oil Tankers and Terminals.
    (h) A vapor collection system fitted with an enriching system that 
operates at a positive gauge pressure at the facility vapor connection 
must be fitted with:
    (1) A manual isolation valve between each facility vapor connection 
and the remotely operated cargo vapor shutoff valve required by 
paragraph (a) of this section; and
    (2) A means to prevent backflow of enriched vapor to the vessel's 
vapor collection system.



Sec. 154.812  Facility requirements for vessel liquid overfill protection.

    (a) Each facility which receives cargo vapor from a tank barge which 
is fitted with overfill protection in accordance with 46 CFR 39.20-9(a) 
as its only means of overfill protection must provide a 120 volt, 20 amp 
explosion proof receptacle which meets:
    (1) ANSI/NEMA WD6;
    (2) NFPA 70, Articles 410-57 and 501-12; and
    (3) 46 CFR 111.105-9.
    (b) Each facility that receives cargo vapor from a tank barge fitted 
with an intrinsically safe cargo tank level sensor system complying with 
46 CFR 39.20-9(b) as its only means of overfill protection must have an 
overfill control panel on the dock capable of powering and receiving an 
alarm and shutdown signal from the cargo tank level sensor system that:
    (1) Closes the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart and activates the emergency shutdown 
system required by Sec. 154.550 of this part when:
    (i) A tank overfill signal is received from the barge, or
    (ii) Electrical continuity of the cargo tank level sensor system is 
lost;
    (2) Activates an alarm which is audible and visible to barge 
personnel and facility personnel when a tank overfill signal, or an 
optional high level signal corresponding to a liquid level lower than 
the tank overfill sensor setting, is received from the barge;
    (3) Has a means to electrically and mechanically test the alarms and 
automatic shutdown systems prior to transferring cargo to or ballasting 
the tank barge;
    (4) Has suitable means, such as approved intrinsic safety barriers 
able to accept passive devices, to ensure that the overfill and optional 
alarm circuits on the barge side of the overfill control panel, 
including cabling, normally closed switches, and pin and sleeve 
connectors, are intrinsically safe;
    (5) Is labeled with the maximum allowable inductance and capacitance 
to be connected to the panel, as specified by the equipment 
manufacturer; and
    (6) Has a female connecting plug for the tank barge level sensor 
system with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2 
which is:
    (i) Configured with pins S2 and R1 for the tank overfill sensor 
circuit, pin G connected to the cabling shield, and pins N and T3 
reserved for an optional high level alarm connection;
    (ii) Labeled ``Connector for Barge Overflow Control System''; and
    (iii) Connected to the overfill control panel by a shielded flexible 
cable.



Sec. 154.814  Facility requirements for vessel vapor overpressure and 
vacuum protection.

    (a) A facility's vapor collection system must have the capacity for 
collecting cargo vapor at a rate of not less than 1.25 times the 
facility's maximum

[[Page 333]]

liquid transfer rate for cargo for which vapor collection is required 
plus any inerting, diluting, or enriching gas which may be added to the 
system, unless the vapor growth for turbulent loading of the most 
volatile liquid handled by the facility is less than 25 percent.
    (b) A facility vapor collection system must maintain the pressure in 
a vessel's cargo tanks between 80 percent of the highest setting of any 
of the vessel's vacuum relief valves and 80 percent of the lowest 
setting of any of the vessel's pressure relief valves for a non-inerted 
tank vessel, and between 0.2 psig and 80 percent of the lowest setting 
of any of the vessel's pressure relief valves for an inerted tank 
vessel. The system must be capable of maintaining the pressure in the 
vessel's cargo tanks within this range at any cargo transfer rate less 
than or equal to the maximum transfer rate determined at the pre-
transfer conference required by Sec. 156.120(w) of this chapter.
    (c) The pressure measured at the facility vapor connection must be 
corrected for pressure drops across the vessel's vapor collection system 
and the vapor collection hose or arm.
    (d) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection exceeds either 
the pressure corresponding to the upper pressure determined in paragraph 
(b) of this section or a lower pressure agreed upon at the pre-transfer 
conference required by Sec. 156.120(w) of this chapter.
    (e) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection falls below 
either the pressure corresponding to the lower pressure determined in 
paragraph (b) of this section or a higher pressure agreed upon at the 
pre-transfer conference required by Sec. 156.120(w) of this chapter.
    (f) A pressure sensing device must be provided which activates the 
emergency shutdown system required by Sec. 154.550 of this part and 
closes the remotely operated cargo vapor shutoff valve required by Sec. 
154.810(a) of this subpart when the pressure at the facility vapor 
connection exceeds 2.0 psi, or a lower pressure agreed upon at the pre-
transfer conference required by Sec. 156.120(w) of this chapter. The 
sensing device must be independent of the device used to activate the 
alarm required by paragraph (d) of this section.
    (g) A pressure sensing device must be provided which closes the 
remotely operated cargo vapor shutoff valve required by Sec. 154.810(a) 
of this subpart when the vacuum at the facility vapor connection is more 
than 1.0 psi, or a lesser vacuum set at the pre-transfer conference 
required by Sec. 156.120(w) of this chapter. The sensing device must be 
independent of the device used to activate the alarm required by 
paragraph (e) of this section.
    (h) The pressure sensing devices required by paragraphs (d) and (f) 
of this section must be located in the vapor collection line between the 
facility vapor connection and the manual isolation valve, if required by 
Sec. 154.810(h) of this subpart, unless an interlock is provided which 
prevents operation of the system when the isolation valve is closed.
    (i) A pressure indicating device must be provided which indicates 
the pressure in the vapor collection line.
    (j) If a compressor, blower, or eductor capable of drawing more than 
1.0 psi vacuum is used to draw vapor from the vessel, a vacuum relief 
valve must be installed in the vapor collection line between the 
compressor, blower, or eductor and the facility vapor connection, which:
    (1) Relieves at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 1.0 
psi vacuum;
    (2) Has a relieving capacity equal to or greater than the capacity 
of the compressor, blower, or eductor;
    (3) Has a flame screen fitted at the vacuum relief opening; and
    (4) Has been tested for relieving capacity in accordance with 
paragraph 1.5.1.3 of API 2000 with a flame screen fitted.
    (k) When a facility collects cargo vapor through an undersea 
pipeline from a vessel moored offshore, the vacuum relief valve may be 
set at a vacuum greater than 1.0 psi vacuum provided the pressure 
controls take into account the pressure drop across the vessel's vapor 
collection system, any

[[Page 334]]

vapor collection hoses, and the undersea pipeline as a function of the 
actual transfer rate.
    (l) If the pressure in the vapor collection system can exceed 2.0 
psig due to a malfunction in an inerting, enriching, or diluting system 
a pressure relief valve must:
    (1) Be installed between the point where inerting, enriching, or 
diluting gas is introduced into the vapor collection system and the 
facility vapor connection;
    (2) Relieve at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 2.0 
psig;
    (3) Have a relieving capacity equal to or greater than the maximum 
capacity of the facility inerting, enriching, or diluting gas source;
    (4) If not designed to insure a minimum vapor discharge velocity of 
30 meters (98.4 ft.) per second, have a flame screen fitted at the 
discharge opening; and
    (5) Have been tested for relieving capacity in accordance with 
paragraph 1.5.1.3 of API 2000.
    (m) The relieving capacity test required by paragraph (l)(5) must be 
carried out with a flame screen fitted at the discharge opening if the 
pressure relief valve is not designed to insure a minimum vapor 
discharge velocity of 30 meters (98.4 ft.) per second.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 154.820  Fire, explosion, and detonation protection.

    (a) A vapor control system with a single facility vapor connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes vapor with a vapor recovery unit must:
    (1) Be capable of inerting the vapor collection line in accordance 
with Sec. 154.824(a) of this subpart prior to receiving vapors from the 
vessel;
    (2) Have at least one oxygen analyzer that samples the vapor 
concentration continuously at a point not more than 6 meters (19.7 ft.) 
from the facility vapor connection; and
    (3) Meet Sec. 154.824 (f)(1), (f)(2), (g), (h)(2), and (h)(3) of 
this subpart.
    (b) A vapor control system with a single facility vapor connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting system that meets the requirements of Sec. 
154.824 of this subpart.
    (c) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
and processes vapor with a vapor recovery unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (d) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
and processes the vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from the facility vapor connection; and
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (e) A vapor control system with multiple facility vapor connections 
that processes vapor with a vapor recovery unit must have a detonation 
arrester located not more than 6 meters (19.7 ft.) from each facility 
vapor connection.
    (f) A vapor control system with multiple facility vapor connections 
that processes vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from each facility vapor connection; and
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (g) A vapor control system that uses a vapor balancing system in 
which cargo vapor from a vessel is transferred through the facility 
vapor collection system to facility storage tanks must:

[[Page 335]]

    (1) Have a detonation arrester located not more than 6 meters (19.7 
ft.) from each facility vapor connection;
    (2) Have a detonation arrester located within the storage tank 
containment area as close as practical to the vapor return connection of 
each facility storage tank; and
    (3) Have facility storage tank high level alarm systems and facility 
storage tank overfill control systems arranged to prevent cargo from 
entering the vapor return line.
    (h) Except for a discharge vent from a vapor destruction unit, each 
outlet of a vapor control system that vents to atmosphere and is not 
isolated with a pressure-vacuum relief valve must have a flame arrester 
located at the outlet.



Sec. 154.822  Detonation arresters, flame arresters, and flame screens.

    (a) Each detonation arrester required by this part must:
    (1) Be capable of arresting a detonation from either side of the 
device; and
    (2) Be acceptable to the Commandant (G-MSO). A detonation arrester 
designed, built, and tested in accordance with appendix A of this part 
will be acceptable to the Commandant (G-MSO).
    (b) Each flame arrester required by this part must be acceptable to 
the Commandant (G-MSO). A flame arrester designed, built, and tested in 
accordance with appendix B of this part will be acceptable to the 
Commandant (G-MSO).
    (c) Each flame screen required by this part must be either a single 
screen of corrosion resistant wire of at least 30 by 30 mesh, or two 
screens, both of corrosion resistant wire, of at least 20 by 20 mesh, 
spaced not less than 12.7 millimeters (\1/2\ in.) or more than 38.1 
millimeters (1\1/2\ in.) apart.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as 
amended by CGD 96-026, 61 FR 33666, June 28, 1996; USCG-2002-12471, 67 
FR 41333, June 18, 2002]



Sec. 154.824  Inerting, enriching, and diluting systems.

    (a) A vapor control system which uses inerting, enriching, or 
diluting gas must be capable of inerting, enriching, or diluting the 
vapor collection line prior to receiving cargo vapor.
    (b) Except as permitted by Sec. 154.820(a) of this subpart, a vapor 
control system which uses an inerting, enriching, or diluting system 
must be equipped with a gas injection and mixing arrangement located as 
close as practical but not more than 10 meters (32.8 ft.) from the 
facility vapor connection that ensures complete mixing of the gases 
within 20 pipe diameters of the injection point;
    (c) A vapor control system that uses an inerting or enriching system 
may not be operated at a vacuum after the injection point unless:
    (1) There are no sleeve-type pipe couplings, vacuum relief valves, 
or other devices which could allow air into the vapor collection system 
downstream of the injection point; or
    (2) An additional analyzer is used to monitor the downstream vapor 
concentration and a means is provided to inject additional inerting or 
enriching gas.
    (d) A vapor control system that uses analyzers to control the amount 
of inerting, enriching, or diluting gas injected into the vapor 
collection line must be equipped with at least 2 analyzers. The 
analyzers must be connected so that:
    (1) When oxygen analyzers are used, the higher oxygen concentration 
reading controls the inerting or enriching system and activates the 
alarm and automatic shutdown system required by paragraph (h), (j) or 
(k)(2) of this section;
    (2) When hydrocarbon analyzers are used, the lower hydrocarbon 
concentration reading controls the enriching system and activates the 
alarm and automatic shutdown system required by paragraph (i) or (k)(1) 
of this section; and
    (3) When hydrocarbon analyzers are used, the higher hydrocarbon 
concentration reading controls the diluting system and activates the 
alarm and automatic shutdown system required by paragraph (l) of this 
section.
    (e) A vapor control system that uses volumetric measurements to 
control the amount of inerting, enriching, or diluting gas injected into 
the vapor collection line must be equipped with at least one analyzer to 
activate the

[[Page 336]]

alarms and automatic shutdown systems required by this section.
    (f) Each oxygen or hydrocarbon analyzer required by this section 
must:
    (1) Be installed in accordance with API Recommended Practice 550;
    (2) Have a response time of not more than 30 seconds from the time 
the vapor is sampled; and
    (3) Sample the vapor concentration continuously not more than 30 
pipe diameters from the gas injection point.
    (g) Oxygen analyzers which operate at elevated temperatures (i.e., 
zirconia oxide or thermomagnetic) must not be used.
    (h) An inerting system must:
    (1) Supply sufficient inert gas to the vapor stream to ensure that 
the oxygen concentration throughout the vapor collection system is 
maintained below 8.0 percent by volume;
    (2) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 8.0 percent by volume;
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this part when the oxygen concentration in the 
vapor collection line exceeds 9.0 percent by volume; and
    (4) If a combustion device is used to produce the inert gas, have a 
hydraulic seal and non-return valve between the combustion device and 
the vapor collection line.
    (i) An enriching system must:
    (1) Supply sufficient compatible hydrocarbon vapor to the vapor 
stream to ensure that the hydrocarbon concentration throughout the vapor 
collection system is maintained above 170 percent by volume of the upper 
flammable limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line falls below 170 percent by volume of the upper 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration 
in the vapor collection line falls below 150 percent by volume of the 
upper flammable limit.
    (j) Oxygen analyzers may be used in lieu of hydrocarbon analyzers in 
an enriching system at a facility that receives cargo vapor only from a 
vessel with non-inerted cargo tanks, provided that the analyzers:
    (1) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 15.5 percent by volume; and
    (2) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the oxygen concentration in the 
vapor collection line exceeds 16.5 percent by volume.
    (k) An enriching system may be used in a vapor collection system 
that receives cargo vapor from a vessel with inerted cargo tanks if:
    (1) Hydrocarbon analyzers are used to comply with paragraph (i)(2) 
and (i)(3) of this section; or
    (2) If oxygen analyzers are used, the analyzers activate an alarm 
when the oxygen concentration in the vapor collection line exceeds 8 
percent by volume, and close the remotely operated cargo vapor shutoff 
valve required by Sec. 154.810(a) of this subpart when the oxygen 
concentration exceeds 9 percent by volume.
    (l) An air dilution system must:
    (1) Supply sufficient additional air to the vapor stream to ensure 
that the hydrocarbon concentration throughout the vapor collection 
system is maintained below 30 percent by volume of the lower flammable 
limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line exceeds 30 percent by volume of the lower 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration 
in the vapor collection line exceeds 50 percent by volume of the lower 
flammable limit.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990]



Sec. 154.826  Vapor compressors and blowers.

    (a) Each inlet and outlet to a compressor or blower which handles 
vapor that has not been inerted, enriched, or diluted in accordance with 
Sec. 154.824 of this subpart must be fitted with:
    (1) A detonation arrester;
    (2) A flame arrester; or

[[Page 337]]

    (3) An explosion suppression system acceptable to the Commandant (G-
MSO).
    (b) If a reciprocating or screw-type compressor handles vapor in the 
vapor collection system, it must be provided with indicators and audible 
and visible alarms to warn against the following conditions:
    (1) Excessive discharge gas temperature at each compressor chamber 
or cylinder;
    (2) Excessive cooling water temperature;
    (3) Excessive vibration;
    (4) Low lube oil level;
    (5) Low lube oil pressure; and
    (6) Excessive shaft bearing temperatures.
    (c) If a liquid ring-type compressor handles vapor in the vapor 
collection system, it must be provided with indicators and audible and 
visible alarms to warn against the following conditions:
    (1) Low level of liquid sealing medium;
    (2) Lack of flow of liquid sealing medium;
    (3) Excessive temperature of the liquid sealing medium;
    (4) Low lube oil level;
    (5) Low lube oil pressure, if pressurized lubricating system; and
    (6) Excessive shaft bearing temperature.
    (d) If a centrifugal compressor, fan, or lobe blower handles vapor 
in the vapor collection system, construction of the blades and/or 
housing must meet one of the following:
    (1) Blades or housing of nonmetallic construction;
    (2) Blades and housing of nonferrous material;
    (3) Blades and housing of corrosion resistant steel;
    (4) Ferrous blades and housing with one-half inch or more design tip 
clearance; or
    (5) Blades of aluminum or magnesium alloy and a ferrous housing with 
a nonferrous insert sleeve at the periphery of the impeller.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.828  Vapor recovery and vapor destruction units.

    (a) The inlet to a vapor recovery unit which receives cargo vapor 
that has not been inerted, enriched, or diluted in accordance with Sec. 
154.824 of this subpart must be fitted with one of the following:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant (G-
MSO).
    (b) The inlet to a vapor destruction unit must:
    (1) Have a liquid seal; and
    (2) Have two quick-closing stop valves installed in the vapor line.
    (c) A vapor destruction unit must:
    (1) Not be within 30 meters (98.8 ft.) of any tank vessel berth or 
mooring at the facility;
    (2) Have a flame arrester or detonation arrester fitted in the vapor 
line; and
    (3) Alarm and shut down when a flame is detected on the flame 
arrester or detonation arrester.
    (d) When a vapor destruction unit shuts down or has a flame-out 
condition the vapor destruction unit control system must:
    (1) Close the quick-closing stop valves required by paragraph (b)(2) 
of this section; and
    (2) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.840  Personnel training.

    (a) A person in charge of a transfer operation utilizing a vapor 
control system must have completed a training program covering the 
particular system installed at the facility. Training must include 
drills or demonstrations using the installed vapor control system 
covering normal operations and emergency procedures.
    (b) The training program required by paragraph (a) of this section 
must cover the following subjects:
    (1) Purpose of a vapor control system;
    (2) Principles of the vapor control system;

[[Page 338]]

    (3) Components of the vapor control system;
    (4) Hazards associated with the vapor control system;
    (5) Coast Guard regulations in this subpart;
    (6) Operating procedures, including:
    (i) Testing and inspection requirements,
    (ii) Pre-transfer procedures,
    (iii) Connection sequence,
    (iv) Start-up procedures, and
    (v) Normal operations; and
    (7) Emergency procedures.



Sec. 154.850  Operational requirements.

    (a) A facility must receive vapors only from a vessel which has its 
certificate of inspection or certificate of compliance endorsed in 
accordance with 46 CFR 39.10-13(e).
    (b) The following must be performed not more than 24 hours prior to 
each transfer operation:
    (1) All alarms and automatic shutdown systems required by this part 
must be tested; and
    (2) The analyzers required by Sec. 154.820(a), Sec. 154.824 (d) 
and (e) of this subpart must be checked for calibration by use of a span 
gas.
    (c) The position of all valves in the vapor line between the 
vessel's tanks and the facility vapor collection system must be verified 
prior to the start of the transfer operation.
    (d) A tank barge overfill control system that meets the requirements 
of 46 CFR 39.20-9(b) must not be connected to an overfill sensor circuit 
that exceeds the system's rated cable length, inductance, and 
capacitance.
    (e) When vapor is being received from a vessel with inerted cargo 
tanks, the remotely operated cargo vapor shutoff valve required by Sec. 
154.810(a) of this subpart must not be opened until the pressure at the 
facility vapor connection exceeds the pressure on the downstream side of 
the remotely operated cargo vapor shutoff valve.
    (f) The initial cargo transfer rate must not exceed the rate agreed 
upon at the pre-transfer conference required by Sec. 156.120(w) of this 
chapter and 46 CFR 39.30-1(h).
    (g) The cargo transfer rate must not exceed the maximum allowable 
transfer rate as determined by the lesser of the following:
    (1) A transfer rate corresponding to the maximum vapor processing 
rate for the vapor control system, as specified in the facility 
operations manual required by Sec. 154.300 of this chapter; or
    (2) The vessel's maximum transfer rate determined in accordance with 
46 CFR 39.30-1(d).
    (h) While transferring cargo to a vessel connected to a vapor 
control system, compressed air or gas may be used to clear cargo hoses 
and loading arms, but must not be used to clear cargo lines.
    (i) If one of the two analyzers required by Sec. 154.824(d) of this 
subpart becomes inoperable during a transfer operation, the operation 
may continue provided the remaining analyzer remains operational; 
however, no further transfer operations may be started until the 
inoperable analyzer is replaced or repaired.
    (j) Whenever a condition results in a shutdown of the vapor control 
system, the person in charge shall immediately terminate cargo loading.
    (k) If it is suspected that a flare in the vapor control system has 
had a flare-back, or if a flame is detected on the flame arrester 
required by Sec. 154.828(c)(2) of this subpart, the transfer operation 
must be stopped and not be restarted until the flame arrester has been 
inspected and found to be in satisfactory condition.



               Subpart F_Response Plans for Oil Facilities

    Source: CGD 91-036, 61 FR 7917, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1010  Purpose.

    This subpart establishes oil spill response plan requirements for 
all marine transportation-related (MTR) facilities (hereafter also 
referred to as facilities) that could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment 
by discharing oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone. The development of a response plan prepares 
the facility owner or operator

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to respond to an oil spill. These requirements specify criteria to be 
used during the planning process to determine the appropriate response 
resources. The specific criteria for response resources and their 
arrival times are not performance standards. The criteria are based on a 
set of assumptions that may not exist during an actual oil spill 
incident.



Sec. 154.1015  Applicability.

    (a) This subpart applies to all MTR facilities that because of their 
location could reasonably be expected to cause at least substantial harm 
to the environment by discharging oil into or on the navigable waters, 
adjoining shorelines, or exclusive economic zone.
    (b) The following MTR facilities that handle, store, or transport 
oil, in bulk, could reasonably be expected to cause substantial harm to 
the environment by discharging oil into or on the navigable waters or 
adjoining shorelines and are classified as substantial harm MTR 
facilities:
    (1) Fixed MTR onshore facilities capable of transferring oil to or 
from a vessel with a capacity of 250 barrels or more and deepwater 
ports;
    (2) Mobile MTR facilities used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (3) Those MTR facilities specifically designated as substantial harm 
facilities by the COTP under Sec. 154.1016.
    (c) The following MTR facilities that handle, store, or transport 
oil in bulk could not only reasonably be expected to cause substantial 
harm, but also significant and substantial harm, to the environment by 
discharging oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone and are classified as significant and 
substantial harm MTR facilities:
    (1) Deepwater ports, and fixed MTR onshore facilities capable of 
transferring oil to or from a vessel with a capacity of 250 barrels or 
more except for facilities that are part of a non-transportation-related 
fixed onshore facility with a storage capacity of less than 42,000 
gallons; and
    (2) Those MTR facilities specifically designated as significant and 
substantial harm facilities by the COTP under Sec. 154.1016.
    (d) An MTR facility owner or operator who believes the facility is 
improperly classified may request review and reclassification in 
accordance with Sec. 154.1075.



Sec. 154.1016  Facility classification by COTP.

    (a) The COTP may upgrade the classification of:
    (1) An MTR facility not specified in Sec. 154.1015 (b) or (c) to a 
facility that could reasonably be expected to cause substantial harm to 
the environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility 
that could reasonably be expected to cause significant and substantial 
harm to the environment.
    (b) The COTP may downgrade, the classification of:
    (1) An MTR facility specified in Sec. 154.1015(c) to a facility 
that could reasonably be expected to cause substantial harm to the 
environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility 
that could not reasonably be expected to cause substantial, or 
significant and substantial harm to the environment.
    (3) The COTP will consider downgrading an MTR facility's 
classification only upon receiving a written request for a downgrade of 
classification from the facility's owner or operator.
    (c) When changing a facility classification the COTP may, as 
appropriate, consider all relevant factors including, but not limited 
to: Type and quantity of oils handled in bulk; facility spill history; 
age of facility; proximity to public and commercial water supply 
intakes; proximity to navigable waters based on the definition of 
navigable waters in 33 CFR 2.05-25; and proximity to fish and wildlife 
and sensitive environments.



Sec. 154.1017  Response plan submission requirements.

    (a) The owner or operator of an MTR facility identified only in 
Sec. 154.1015(b), or designated by the COTP as a substantial harm 
facility, shall prepare and submit to the cognizant COTP a

[[Page 340]]

response plan that meets the requirements of Sec. Sec. 154.1030, 
154.1040, 154.1045, or Sec. 154.1047, as appropriate. This applies to:
    (1) A mobile MTR facility used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (2) A fixed MTR facility specifically designated as a substantial 
harm facility by the COTP under Sec. 154.1016.
    (b) The owner or operator of an MTR facility identified in Sec. 
154.1015(c) or designated by the COTP as a significant and substantial 
harm facility shall prepare and submit for review and approval of the 
cognizant COTP a response plan that meets the requirements of Sec. Sec. 
154.1030, 154.1035, 154.1045, or 154.1047, as appropriate. This applies 
to:
    (1) A fixed MTR facility capable of transferring oil, in bulk, to or 
from a vessel with a capacity of 250 barrels or more; and
    (2) An MTR facility specifically designated as a significant and 
substantial harm facility by the COTP under Sec. 154.1016.
    (c) In addition to the requirements in paragraphs (a) and (b) of 
this section, the response plan for a mobile MTR facility must meet the 
requirements of Sec. 154.1041 subpart F.



Sec. 154.1020  Definitions.

    Except as otherwise defined in this section, the definition in 33 
CFR 154.105 apply to this subpart and subparts H and I.
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height as specified in Sec. Sec. 
154.1045, 154.1047, 154.1225, or 154.1325, as appropriate; ice 
conditions, temperatures, weather-related visibility, and currents 
within the COTP zone in which the systems or equipment are intended to 
function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals, and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels or 1 percent of the volume of the worst case discharge.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, where applicable, the seaward extension of that zone to the 
outer boundary of the exclusive economic zone (EEZ).
    Complex means a facility possessing a combination of marine-
transportation related and non-transportation-related components that is 
subject to the jurisdiction of more than one Federal agency under 
section 311(j) of the Clean Water Act.
    Exclusive economic zone (EEZ) means the zone contiguous to the 
territorial sea of the United States extending to a distance up to 200 
nautical miles from the baseline from which the breadth of the 
territorial sea is measured.
    Facility that could reasonably be expected to cause significant and 
substantial harm means any MTR facility (including piping and any 
structures that are used for the transfer of oil between a vessel and a 
facility) classified as a ``significant and substantial harm'' facility 
under Sec. 154.1015(c) and Sec. 154.1216.
    Facility that could reasonably be expected to cause substantial harm 
means any MTR facility classified as a ``substantial harm'' facility 
under Sec. 154.1015(b) and Sec. 154.1216.
    Fish and Wildlife and Sensitive Environment means areas that may be 
identified by either their legal designation or by Area Committees in 
the applicable Area Contingency Plan (ACP) (for planning) or by members 
of the Federal On-Scene Coordinator's spill response structure (during 
responses). These areas may include: Wetlands, national and state parks, 
critical habitats for endangered or threatened species, wilderness and 
natural resource areas, marine sanctuaries and estuarine reserves, 
conservation areas, preserves, wildlife areas, wildlife refuges, wild 
and scenic rivers, areas of economic importance, recreational areas, 
national forests, Federal and state lands that are research areas, 
heritage program areas, land trust areas, and historical and 
archaeological sites and parks. These areas may also include unique 
habitats such as: aquaculture

[[Page 341]]

sites and agricultural surface water intakes, bird nesting areas, 
critical biological resource areas, designated migratory routes, and 
designated seasonal habitats.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Higher volume port area means the following ports:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
    (7) Louisiana Offshore Oil Port (LOOP), LA.
    (8) Lake Charles, LA.
    (9) Sabine-Neches River, TX.
    (10) Galveston Bay and Houston Ship Channel, TX.
    (11) Corpus Christi, TX.
    (12) Los Angeles/Long Beach harbor, CA.
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA.
    (14) Straits of Juan De Fuca from Port Angeles, WA, to and including 
Puget Sound, WA.
    (15) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, 
it means the area shoreward of the lines of demarcation (COLREG lines) 
defined in Sec. Sec. 80.740 through 80.850 of this chapter. The inland 
area does not include the Great Lakes.
    Marine transportation-related facility (MTR facility) means any 
onshore facility or segment of a complex regulated under section 311(j) 
of the Federal Water Pollution Control Act (FWPCA) by two or more 
Federal agencies, including piping and any structure used or intended to 
be used to transfer oil to or from a vessel, subject to regulation under 
this part and any deepwater port subject to regulation under part 150 of 
this chapter. For a facility or segment of a complex regulated by two or 
more Federal agencies under section 311(j) of the FWPCA, the MTR portion 
of the complex extends from the facility oil transfer system's 
connection with the vessel to the first valve inside the secondary 
containment surrounding tanks in the non-transportation-related portion 
of the facility or, in the absence of secondary containment, to the 
valve or manifold adjacent to the tanks comprising the non-
transportation-related portion of the facility, unless another location 
has otherwise been agreed to by the COTP and the appropriate Federal 
official.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the cognizant COTP.
    Maximum most probable discharge means a discharge of the lesser of 
1,200 barrels or 10 percent of the volume of a worst case discharge.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, it means the area extending seaward 12 miles from 
the line of demarcation (COLREG lines) defined in Sec. Sec. 80.740-
80.850 of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50 percent of which by volume, distill at a temperature 
of 340 degrees C (645 degrees F); and
    (2) At least 95 percent of which by volume, distill at a temperature 
of 370 degrees C (700 degrees F).
    Ocean means the offshore area and nearshore area as defined in this 
subpart.
    Offshore area means the area beyond 12 nautical miles measured from 
the boundary lines defined in 46 CFR part 7 extending seaward to 50 
nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it 
is the area beyond 12 nautical miles of the line of demarcation (COLREG 
lines) defined in Sec. Sec. 80.740-80.850 of this chapter extending 
seaward to 50 nautical miles.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, oil

[[Page 342]]

mixed with wastes other than dredge spoil.
    Oil spill removal organization (OSRO) means an entity that provides 
response resources.
    On-Scene Coordinator (OSC) means the definition in the National Oil 
and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
    Operating area means Rivers and Canals, Inland, Nearshore, Great 
Lakes, or Offshore geographic location(s) in which a facility is 
handling, storing, or transporting oil.
    Operating environment means Rivers and Canals, Inland, Great Lakes, 
or Ocean. These terms are used to define the conditions in which 
response equipment is designed to function.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart including, ensuring the availability 
of the response resources by contract or other approved means, and 
conducting the necessary training and drills.
    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not generally an animal fat or vegetable oil.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Qualified individual and alternate qualified individual means a 
person located in the United States who meets the requirements of Sec. 
154.1026.
    Response activities means the containment and removal of oil from 
the land, water, and shorelines, the temporary storage and disposal of 
recovered oil, or the taking of other actions as necessary to minimize 
or mitigate damage to the public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals means a body of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that has a project depth of 12 feet 
or less.
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 [deg]C (60 [deg]F) to the mass of an equal volume of pure 
water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of a discharge means any incident or condition 
involving a facility that may create a risk of discharge of oil. Such 
incidents include, but are not limited to storage tank or piping 
failures, above ground or underground leaks, fires, explosions, 
flooding, spills contained within the facility, or other similar 
occurrences.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene.
    [Note: Tiers are applied in three categories:
    (1) Higher Volume Port Areas,
    (2) Great Lakes, and
    (3) All other operating environments, including rivers and canals, 
inland, nearshore, and offshore areas.
    Appendix C, Table 4 of this part, provides specific guidance on 
calculating response resources. Sections 154.1045(f) and 154.1135, set 
forth the required times within which the response resources must arrive 
on-scene.]
    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, and not specifically identified 
elsewhere in this part.
    Worst case discharge means in the case of an onshore facility and 
deepwater port, the largest foreseeable discharge in adverse weather 
conditions meeting the requirements of Sec. 154.1029.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-1999-5149, 65 
FR 40825, June 30, 2000]

[[Page 343]]



Sec. 154.1025  Operating restrictions and interim operating authorization.

    (a) The owner or operator of an MTR facility who submitted a 
response plan prior to May 29, 1996, may elect to comply with any of the 
provisions of this final rule by revising the appropriate section of the 
previously submitted plan in accordance with Sec. 154.1065. An owner or 
operator of an MTR facility who elects to comply with all sections of 
this final rule must resubmit the plan in accordance with Sec. 154.1060 
of this part.
    (b) No facility subject to this subpart may handle, store, or 
transport oil unless it is operating in full compliance with a submitted 
response plan. No facility categorized under Sec. 154.1015(c) as a 
significant and substantial harm facility may handle, store, or 
transport oil unless the submitted response plan has been approved by 
the COTP. The owner or operator of each new facility to which this 
subpart applies must submit a response plan meeting the requirements 
listed in Sec. 154.1017 not less than 60 days prior to handling, 
storing, or transporting oil. Where applicable, the response plan shall 
be submitted along with the letter of intent required under Sec. 
154.110.
    (c) Notwithstanding the requirements of paragraph (b) of this 
section, a facility categorized under Sec. 154.1015(c) as a significant 
and substantial harm facility may continue to handle, store, or 
transport oil for 2 years after the date of submission of a response 
plan, pending approval of that plan. To continue to handle, store, or 
transport oil without a plan approved by the COTP, the facility owner or 
operator shall certify in writing to the COTP that the owner or operator 
has ensured, by contract or other approved means as described in Sec. 
154.1028(a), the availability of the necessary private personnel and 
equipment to respond, to the maximum extend practicable to a worst case 
discharge or substantial threat of such a discharge from the facility. 
Provided that the COTP is satisfied with the certification of response 
resources provided by the owner or operator of the facility, the COTP 
will provide written authorization for the facility to handle, store, or 
transport oil while the submitted response plan is being reviewed. 
Pending approval of the submitted response plan, deficiencies noted by 
the COTP must be corrected in accordance with Sec. 154.1070.
    (d) A facility may not continue to handle, store, or transport oil 
if--
    (1) The COTP determines that the response resources identified in 
the facility certification statement or reference response plan do not 
substantially meet the requirements of this subpart;
    (2) The contracts or agreements cited in the facility's 
certification statement or referenced response plans are no longer 
valid;
    (3) The facility is not operating in compliance with the submitted 
plan;
    (4) The response plan has not been resubmitted or approved within 
the last 5 years; or
    (5) The period of the authorization under paragraph (c) of this 
section has expired.



Sec. 154.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate must be available on a 24-hour basis 
and be able to arrive at the facility in a reasonable time.
    (b) The qualified individual and alternate must:
    (1) Be located in the United States;
    (2) Speak fluent English;
    (3) Be familiar with the implementation of the facility response 
plan; and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) The owner or operator shall provide each qualified individual 
and alternate qualified individual identified in the plan with a 
document designating them as a qualified individual and specifying their 
full authority to:
    (1) Activate and engage in contracting with oil spill removal 
organization(s);
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OSC); and
    (3) Obligate funds required to carry out response activities.
    (d) The owner or operator of a facility may designate an 
organization to

[[Page 344]]

fulfill the role of the qualified individual and the alternate qualified 
individual. The organization must then identify a qualified individual 
and at least one alternate qualified individual who meet the 
requirements of this section. The facility owner or operator is required 
to list in the response plan the organization, the person identified as 
the qualified individual, and the person or person(s) identified as the 
alternate qualified individual(s).
    (e) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the authority contained in their designation from the owner or operator 
of the facility.
    (f) The liability of a qualified individual is considered to be in 
accordance with the provisions of 33 USC 1321(c)(4).



Sec. 154.1028  Methods of ensuring the availability of response resources 
by contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas;
    (2) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and drills; 
and
    (iv) Is referenced in the response plan; or
    (5) The identification of an oil spill removal organization with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



Sec. 154.1029  Worst case discharge.

    (a) The response plan must use the appropriate criteria in this 
section to develop the worst case discharge.
    (b) For the MTR segment of a facility, not less than--
    (1) Where applicable, the loss of the entire capacity of all in-line 
and break out tank(s) needed for the continuous operation of the 
pipelines used for the purposes of handling or transporting oil, in 
bulk, to or from a vessel regardless of the presence of secondary 
containment; plus
    (2) The discharge from all piping carrying oil between the marine 
transfer manifold and the non-transportation-related portion of the 
facility. The discharge from each pipe is calculated as follows: The 
maximum time to discover the release from the pipe in hours, plus the 
maximum time to shut down flow from the pipe in hours (based on historic 
discharge data or the best estimate in the absence of historic discharge 
data for the facility) multiplied by the maximum flow rate expressed in 
barrels per hour (based on the maximum relief valve setting or maximum 
system pressure when relief valves are not provided) plus the total line 
drainage volume expressed in barrels for the pipe between the marine

[[Page 345]]

manifold and the non-transportation-related portion of the facility; and
    (c) For a mobile facility it means the loss of the entire contents 
of the container in which the oil is stored or transported.



Sec. 154.1030  General response plan contents.

    (a) The plan must be written in English.
    (b) A response plan must be divided into the sections listed in this 
paragraph and formatted in the order specified herein unless noted 
otherwise. It must also have some easily found marker identifying each 
section listed below. The following are the sections and subsections of 
a facility response plan:
    (1) Introduction and plan contents.
    (2) Emergency response action plan:
    (i) Notification procedures.
    (ii) Facility's spill mitigation procedures.
    (iii) Facility's response activities.
    (iv) Fish and wildlife and sensitive environments.
    (v) Disposal plan.
    (3) Training and Exercises:
    (i) Training procedures.
    (ii) Exercise procedures.
    (4) Plan review and update procedures.
    (5) Appendices.
    (i) Facility-specific information.
    (ii) List of contacts.
    (iii) Equipment lists and records.
    (iv) Communications plan.
    (v) Site-specific safety and health plan.
    (vi) List of acronyms and definitions.
    (vii) A geographic-specific appendix for each zone in which a mobile 
facility operates.
    (c) The required contents for each section and subsection of the 
plan are contained in Sec. Sec. 154.1035, 154.1040, and 154.1041, as 
appropriate.
    (d) The sections and subsections of response plans submitted to the 
COTP must contain at a minimum all the information required in 
Sec. Sec. 154.1035, 154.1040, and 154.1041, as appropriate. It may 
contain other appropriate sections, subsections, or information that are 
required by other Federal, State, and local agencies.
    (e) For initial and subsequent submission, a plan that does not 
follow the format specified in paragraph (b) of this section must be 
supplemented with a detailed cross-reference section to identify the 
location of the applicable sections required by this subpart.
    (f) The information contained in a response plan must be consistent 
with the National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) 
covering the area in which the facility operates. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.



Sec. 154.1035  Specific requirements for facilities that could reasonably 
be expected to cause significant and substantial harm to the environment.

    (a) Introduction and plan content. This section of the plan must 
include facility and plan information as follows:
    (1) The facility's name, street address, city, county, state, ZIP 
code, facility telephone number, and telefacsimile number, if so 
equipped. Include mailing address if different from street address.
    (2) The facility's location described in a manner that could aid 
both a reviewer and a responder in locating the specific facility 
covered by the plan, such as, river mile or location from a known 
landmark that would appear on a map or chart.
    (3) The name, address, and procedures for contacting the facility's 
owner or operator on a 24-hour basis.
    (4) A table of contents.
    (5) During the period that the submitted plan does not have to 
conform to the format contained in this subpart, a cross index, if 
appropriate.
    (6) A record of change(s) to record information on plan updates.
    (b) Emergency Response Action Plan. This section of the plan must be 
organized in the subsections described in this paragraph:

[[Page 346]]

    (1) Notification procedures. (i) This subsection must contain a 
prioritized list identifying the person(s), including name, telephone 
number, and their role in the plan, to be notified of a discharge or 
substantial threat of a discharge of oil. The telephone number need not 
be provided if it is listed separately in the list of contacts required 
in the plan. This Notification Procedures listing must include--
    (A) Facility response personnel, the spill management team, oil 
spill removal organizations, and the qualified individual(s) and the 
designated alternate(s); and
    (B) Federal, State, or local agencies, as required.
    (ii) This subsection must include a form, such as that depicted in 
Figure 1, which contains information to be provided in the initial and 
follow-up notifications to Federal, State, and local agencies. The form 
shall include notification of the National Response Center as required 
in part 153 of this chapter. Copies of the form also must be placed at 
the location(s) from which notification may be made. The initial 
notification form must include space for the information contained in 
Figure 1. The form must contain a prominent statement that initial 
notification must not be delayed pending collection of all information.

                  Figure 1--Information on discharge *
                           [Involved Parties]
------------------------------------------------------------------------
        (A) Reporting party            (B) Suspected responsible party
------------------------------------------------------------------------
Name                                 Name
Phones () -                          Phones () -
Company                              Company
Position                             Organization Type:
Address                               Private citizen
Address                               Private enterprise
                                      Public utility
                                      Local government
                                      State government
                                      Federal government
City                                 City
State                                State
Zip                                  Zip
------------------------------------------------------------------------
* It is not necessary to wait for all information before calling NRC.
  National Response Center--1-800-424-8802.


Were materials Discharged (Y/N)?
Calling for Responsible Party (Y/N)
------------------------------------------------------------------------
                          Incident Description
------------------------------------------------------------------------
Source and/or Cause of Incident
------------------------------------------------------------------------
Date - - Time:
Cause
------------------------------------------------------------------------
Incident Address/Location Nearest City
Distance from City
Storage Tank Container Type--Above ground (Y/N) Below ground (Y/N)
 Unknown
------------------------------------------------------------------------
                            Facility Capacity
------------------------------------------------------------------------
Tank Capacity
Latitude Degrees
Longitude Degrees
Mile Post or River Mile
------------------------------------------------------------------------
                                Materials
------------------------------------------------------------------------
Discharge Unit of Quantity Measure Discharged Material Quantity in Water
------------------------------------------------------------------------
                             Response Action
------------------------------------------------------------------------
Actions Taken to Correct or Mitigate Incident
------------------------------------------------------------------------

[[Page 347]]

 
                                 Impact
------------------------------------------------------------------------
Number of Injuries Number of Fatalities
Were there Evacuations (Y/N/U)? Number Evacuated
Was there any Damage (Y/N/U)? Damage in Dollars
------------------------------------------------------------------------
                         Additional Information
------------------------------------------------------------------------
Any information about the Incident not recorded elsewhere in the report
------------------------------------------------------------------------
                          Caller Notifications
------------------------------------------------------------------------
USCG EPA State Other
 

    (2) Facility's spill mitigation procedures. (i) This subsection must 
describe the volume(s) and oil groups that would be involved in the--
    (A) Average most probable discharge from the MTR facility;
    (B) Maximum most probable discharge from the MTR facility;
    (C) Worst case discharge from the MTR facility; and
    (D) Where applicable, the worst case discharge from the non-
transportation-related facility. This must be the same volume provided 
in the response plan for the non-transportation-related facility.
    (ii) This subsection must contain prioritized procedures for 
facility personnel to mitigate or prevent any discharge or substantial 
threat of a discharge of oil resulting from operational activities 
associated with internal or external facility transfers including 
specific procedures to shut down affected operations. Facility personnel 
responsible for performing specified procedures to mitigate or prevent 
any discharge or potential discharge shall be identified by job title. A 
copy of these procedures shall be maintained at the facility operations 
center. These procedures must address actions to be taken by facility 
personnel in the event of a discharge, potential discharge, or emergency 
involving the following equipment and scenarios:
    (A) Failure of manifold, mechanical loading arm, other transfer 
equipment, or hoses, as appropriate;
    (B) Tank overfill;
    (C) Tank failure;
    (D) Piping rupture;
    (E) Piping leak, both under pressure and not under pressure, if 
applicable;
    (F) Explosion or fire; and
    (G) Equipment failure (e.g. pumping system failure, relief valve 
failure, or other general equipment relevant to operational activities 
associated with internal or external facility transfers.)
    (iii) This subsection must contain a listing of equipment and the 
responsibilities of facility personnel to mitigate an average most 
probable discharge.
    (3) Facility's response activities. (i) This subsection must contain 
a description of the facility personnel's responsibilities to initiate a 
response and supervise response resources pending the arrival of the 
qualified individual.
    (ii) This subsection must contain a description of the 
responsibilities and authority of the qualified individual and alternate 
as required in Sec. 154.1026.
    (iii) This subsection must describe the organizational structure 
that will be used to manage the response actions. This structure must 
include the following functional areas.
    (A) Command and control;
    (B) Public information;
    (C) Safety;
    (D) Liaison with government agencies;
    (E) Spill Operations;
    (F) Planning;
    (G) Logistics support; and
    (H) Finance.
    (iv) This subsection must identify the oil spill removal 
organizations and the spill management team to:
    (A) Be capable of providing the following response resources:
    (1) Equipment and supplies to meet the requirements of Sec. Sec. 
154.1045, 154.1047 or subparts H or I of this part, as appropriate; and
    (2) Trained personnel necessary to continue operation of the 
equipment

[[Page 348]]

and staff of the oil spill removal organization and spill management 
team for the first 7 days of the response.
    (B) This section must include job descriptions for each spill 
management team member within the organizational structure described in 
paragraph (b)(3)(iii) of this section. These job descriptions should 
include the responsibilities and duties of each spill management team 
member in a response action.
    (v) For mobile facilities that operate in more than one COTP zone, 
the plan must identify the oil spill removal organization and the spill 
management team in the applicable geographic-specific appendix. The oil 
spill removal organization(s) and the spill management team discussed in 
paragraph (b)(3)(iv)(A) of this section must be included for each COTP 
zone in which the facility will handle, store, or transport oil in bulk.
    (4) Fish and wildlife and sensitive environments. (i) This section 
of the plan must identify areas of economic importance and environmental 
sensitivity, as identified in the ACP, which are potentially impacted by 
a worst case discharge. ACPs are required under section 311(j)(4) of the 
FWPCA to identify fish and wildlife and sensitive environments. The 
applicable ACP shall be used to designate fish and wildlife and 
sensitive environments in the plan. Changes to the ACP regarding fish 
and wildlife and sensitive environments shall be included in the annual 
update of the response plan, when available.
    (ii) For a worst case discharge from the facility, this section of 
the plan must--
    (A) List all fish and wildlife and sensitive environments identified 
in the ACP which are potentially impacted by a discharge of persistent 
oils, non-persistent oils, or non-petroleum oils.
    (B) Describe all the response actions that the facility anticipates 
taking to protect these fish and wildlife and sensitive environments.
    (C) Contain a map or chart showing the location of those fish and 
wildlife and sensitive environments which are potentially impacted. The 
map or chart shall also depict each response action that the facility 
anticipates taking to protect these areas. A legend of activities must 
be included on the map page.
    (iii) For a worst case discharge, this section must identify 
appropriate equipment and required personnel, available by contract or 
other approved means as described in Sec. 154.1028, to protect fish and 
wildlife and sensitive environments which fall within the distances 
calculated using the methods outlined in this paragraph as follows:
    (A) Identify the appropriate equipment and required personnel to 
protect all fish and wildlife and sensitive environments in the ACP for 
the distances, as calculated in paragraph (b)(4)(iii)(B) of this 
section, that the persistent oils, non-persistent oils, or non-petroleum 
oils are likely to travel in the noted geographic area(s) and number of 
days listed in Table 2 of appendix C of this part;
    (B) Calculate the distances required by paragraph (b)(4)(iii)(A) of 
this section by selecting one of the methods described in this 
paragraph;
    (1) Distances may be calculated as follows:
    (i) For persistent oils and non-petroleum oils discharged into non-
tidal waters, the distance from the facility reached in 48 hours at 
maximum current.
    (ii) For persistent and non-petroleum oils discharged into tidal 
waters, 15 miles from the facility down current during ebb tide and to 
the point of maximum tidal influence or 15 miles, whichever is less, 
during flood tide.
    (iii) For non-persistent oils discharged into non-tidal waters, the 
distance from the facility reached in 24 hours at maximum current.
    (iv) For non-persistent oils discharged into tidal waters, 5 miles 
from the facility down current during ebb tide and to the point of 
maximum tidal influence or 5 miles, whichever is less, during flood 
tide.
    (2) A spill trajectory or model may be substituted for the distances 
calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill 
trajectory or model must be acceptable to the COTP.
    (3) The procedures contained in the Environmental Protection's 
Agency's regulations on oil pollution prevention for non-transportation-
related onshore facilities at 40 CFR part 112, appendix

[[Page 349]]

C, Attachment C-III may be substituted for the distances listed in non-
tidal and tidal waters; and
    (C) Based on historical information or a spill trajectory or model, 
the COTP may require the additional fish and wildlife and sensitive 
environments also be protected.
    (5) Disposal Plan. This subsection must describe any actions to be 
taken or procedures to be used to ensure that all recovered oil and oil 
contaminated debris produced as a result of any discharge are disposed 
according to Federal, state, or local requirements.
    (c) Training and exercises. This section must be divided into the 
following two subsections:
    (1) Training procedures. This subsection must describe the training 
procedures and programs of the facility owner or operator to meet the 
requirements in Sec. 154.1050.
    (2) Exercise procedures. This subsection must describe the exercise 
program to be carried out by the facility owner or operator to meet the 
requirements in Sec. 154.1055.
    (d) Plan review and update procedures. This section must address the 
procedures to be followed by the facility owner or operator to meet the 
requirements of Sec. 154.1065 and the procedures to be followed for any 
post-discharge review of the plan to evaluate and validate its 
effectiveness.
    (e) Appendices. This section of the response plan must include the 
appendices described in this paragraph.
    (1) Facility-specific information. This appendix must contain a 
description of the facility's principal characteristics.
    (i) There must be a physical description of the facility including a 
plan of the facility showing the mooring areas, transfer locations, 
control stations, locations of safety equipment, and the location and 
capacities of all piping and storage tanks.
    (ii) The appendix must identify the sizes, types, and number of 
vessels that the facility can transfer oil to or from simultaneously.
    (iii) The appendix must identify the first valve(s) on facility 
piping separating the transportation-related portion of the facility 
from the non-transportation-related portion of the facility, if any. For 
piping leading to a manifold located on a dock serving tank vessels, 
this valve is the first valve inside the secondary containment required 
by 40 CFR part 112.
    (iv) The appendix must contain information on the oil(s) and 
hazardous material handled, stored, or transported at the facility in 
bulk. A material safety data sheet meeting the requirements of 29 CFR 
1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this 
requirement. This information can be maintained separately providing it 
is readily available and the appendix identifies its location. This 
information must include--
    (A) The generic or chemical name;
    (B) A description of the appearance and odor;
    (C) The physical and chemical characteristics;
    (D) The hazards involved in handling the oil(s) and hazardous 
materials. This shall include hazards likely to be encountered if the 
oil(s) and hazardous materials come in contact as a result of a 
discharge; and
    (E) A list of firefighting procedures and extinguishing agents 
effective with fires involving the oil(s) and hazardous materials.
    (v) The appendix may contain any other information which the 
facility owner or operator determines to be pertinent to an oil spill 
response.
    (2) List of contacts. This appendix must include information on 24-
hour contact of key individuals and organizations. If more appropriate, 
this information may be specified in a geographic-specific appendix. The 
list must include--
    (i) The primary and alternate qualified individual(s) for the 
facility;
    (ii) The contact(s) identified under paragraph (b)(3)(iv) of this 
section for activation of the response resources; and
    (iii) Appropriate Federal, State, and local officials.
    (3) Equipment list and records. This appendix must include the 
information specified in this paragraph.
    (i) The appendix must contain a list of equipment and facility 
personnel required to respond to an average most probable discharge, as 
defined in Sec. 154.1020. The appendix must also list the location of 
the equipment.

[[Page 350]]

    (ii) The appendix must contain a detailed listing of all the major 
equipment identified in the plan as belonging to an oil spill removal 
organization(s) that is available, by contract or other approved means 
as described in Sec. 154.1028(a), to respond to a maximum most probable 
or worst case discharge, as defined in Sec. 154.1020. The detailed 
listing of all major equipment may be located in a separate document 
referenced by the plan. Either the appendix or the separate document 
referenced in the plan must provide the location of the major response 
equipment.
    (iii) It is not necessary to list response equipment from oil spill 
removal organization(s) when the organization has been classified by the 
Coast Guard and their capacity has been determined to equal or exceed 
the response capability needed by the facility. For oil spill removal 
organization(s) classified by the Coast Guard, the classification must 
be noted in this section of the plan. When it is necessary for the 
appendix to contain a listing of response equipment, it shall include 
all of the following items that are identified in the response plan: 
Skimmers; booms; dispersant application, in-situ burning, bioremediation 
equipment and supplies, and other equipment used to apply other chemical 
agents on the NCP Product Schedule (if applicable); communications, 
firefighting, and beach cleaning equipment; boats and motors; disposal 
and storage equipment; and heavy equipment. The list must include for 
each piece of equipment--
    (A) The type, make, model, and year of manufacture listed on the 
nameplate of the equipment;
    (B) For oil recovery devices, the effective daily recovery rate, as 
determined using section 6 of Appendix C of this part;
    (C) For containment boom, the overall boom height (draft and 
freeboard) and type of end connectors;
    (D) The spill scenario in which the equipment will be used for or 
which it is contracted;
    (E) The total daily capacity for storage and disposal of recovered 
oil;
    (F) For communication equipment, the type and amount of equipment 
intended for use during response activities. Where applicable, the 
primary and secondary radio frequencies must be specified.
    (G) Location of the equipment; and
    (H) The date of the last inspection by the oil spill removal 
organization(s).
    (4) Communications plan. This appendix must describe the primary and 
alternate method of communication during discharges, including 
communications at the facility and at remote locations within the areas 
covered by the response plan. The appendix may refer to additional 
communications packages provided by the oil spill removal organization. 
This may reference another existing plan or document.
    (5) Site-specific safety and health plan. This appendix must 
describe the safety and health plan to be implemented for any response 
location(s). It must provide as much detailed information as is 
practicable in advance of an actual discharge. This appendix may 
reference another existing plan requiring under 29 CFR 1910.120.
    (6) List of acronyms and definitions. This appendix must list all 
acronyms used in the response plan including any terms or acronyms used 
by Federal, State, or local governments and any operational terms 
commonly used at the facility. This appendix must include all 
definitions that are critical to understanding the response plan.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2000-7223, 65 
FR 40058, June 29, 2000; USCG-2001-9286, 66 FR 33641, June 25, 2001]



Sec. 154.1040  Specific requirements for facilities that could reasonably 
be expected to cause substantial harm to the environment.

    (a) The owner or operator of a facility that, under Sec. 154.1015, 
could reasonably be expected to cause substantial harm to the 
environment, shall submit a response plan that meets the requirements of 
Sec. 154.1035, except as modified by this section.
    (b) The facility's response activities section of the response plan 
need not list the facility or corporate organizational structure that 
will be used to manage the response, as required by Sec. 
154.1035(b)(3)(iii).

[[Page 351]]

    (c) The owner or operator of a facility must ensure the availability 
of response resources required to be identified in Sec. 
154.1035(b)(3)(iv) by contract or other approved means described in 
Sec. 154.1028.
    (d) A facility owner or operator must have at least 200 feet of 
containment boom and the means of deploying and anchoring the boom 
available at the spill site within 1 hour of the detection of a spill to 
respond to the average most probable discharge in lieu of the quantity 
of containment boom specified in Sec. 154.1045(c)(1). Based on site-
specific or facility-specific information, the COTP may specify that 
additional quantities of containment boom are available within one hour. 
In addition, there must be adequate sorbent material for initial 
response to an average most probable discharge. If the facility is a 
fixed facility, the containment boom and sorbent material must be 
located at the facility. If the facility is a mobile facility, the 
containment boom and sorbent must be available locally and be at the 
site of the discharge within 1 hour of its discovery.



Sec. 154.1041  Specific response information to be maintained on mobile 
MTR facilities.

    (a) Each mobile MTR facility must carry the following information as 
contained in the response plan when performing transfer operations:
    (1) A description of response activities for a discharge which may 
occur during transfer operations. This may be a narrative description or 
a list of procedures to be followed in the event of a discharge.
    (2) Identity of response resources to respond to a discharge from 
the mobile MTR facility.
    (3) List of the appropriate persons and agencies (including the 
telephone numbers) to be contacted in regard to a discharge and its 
handling, including the National Response Center.
    (b) The owner or operator of the mobile facility must also retain 
the information in this paragraph at the principal place of business.



Sec. 154.1045  Response plan development and evaluation criteria for 

facilities that handle, store, or transport Group I through Group IV 
petroleum oils.

    (a) The owner or operator of a facility that handles, stores, or 
transports Group I through Group IV petroleum oils shall use the 
criteria in this section to evaluate response resources identified in 
the response plan for the specified operating environment.
    (1) The criteria in Table 1 of appendix C of this part are to be 
used solely for identification of appropriate equipment in a response 
plan. These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal facility operations.
    (2) The response resources must be evaluated considering limitations 
for the COTP zones in which the facility operates, including but not 
limited to--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges;
    (iv) Weather-related visibility; and
    (v) Other appropriate environmental conditions as determined by the 
COTP.
    (3) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be identified by the 
COTP in the applicable ACP. Reclassifications may be to--
    (i) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (ii) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant wave height criteria for the 
less stringent operating environment during more than 35 percent of the 
year.
    (b) Response equipment must--
    (1) Meet or exceed the operating criteria listed in Table 1 of 
appendix C of this part;
    (2) Function in the applicable operating environment; and
    (3) Be appropriate for the petroleum oil carried.
    (c) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum

[[Page 352]]

oils must identify response resources that are available, by contract or 
other approved means as described in Sec. 154.1028(a)(1)(4), to respond 
to the facility's average most probable discharge. The response 
resources must include, at a minimum--
    (1) 1,000 feet of containment boom or two times the length of the 
largest vessel that regularly conducts petroleum oil transfers to or 
from the facility, whichever is greater, and the means of deploying and 
anchoring the boom available at the spill site within 1 hour of the 
detection of a spill; and
    (2) Oil recovery devices and recovered oil storage capacity capable 
of being at the spill site within 2 hours of the discovery of a 
petroleum oil discharge from a facility.
    (d) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to a discharge 
up to the facility's maximum most probable discharge volume.
    (1) The response resources must include sufficient containment boom, 
oil recovery devices, and storage capacity for any recovery of up to the 
maximum most probable discharge planning volume, as contained in 
appendix C.
    (2) The response resources must be appropriate for each group of 
petroleum oil identified in Sec. 154.1020 that is handled, stored, or 
transported by the facility.
    (3) These response resources must be positioned such that they can 
arrive at the scene of a discharge within the following specified times:
    (i) The equipment identified in paragraphs (c)(1) and (c)(2) of this 
section or in Sec. 154.1040(d) must arrive within the times specified 
in those paragraphs or that section, as appropriate.
    (ii) In higher volume port areas and the Great Lakes, response 
resources must be capable of arriving on scene within 6 hours of the 
discovery of an petroleum oil discharge from a facility.
    (iii) In all other locations, response resources must be capable of 
arriving on scene within 12 hours of the discovery of a petroleum oil 
discharge from a facility.
    (4) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may operate 
with temporarily modified response plan development and evaluation 
criteria (e.g., modified response times, alternate response resources, 
etc.).
    (e) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify the 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to the worst 
case discharge volume of petroleum oil to the maximum extent 
practicable.
    (1) The location of these response resources must be suitable to 
meet the response times identified in paragraph (f) of this section for 
the applicable geographic area(s) of operation and response tier.
    (2) The response resources must be appropriate for--
    (i) The volume of the facility's worst case discharge;
    (ii) Group(s) of petroleum oil as identified in Sec. 154.1020 that 
are handled, stored, or transported by the facility; and
    (iii) The geographic area(s) in which the facility operates.
    (3) The response resources must include sufficient boom, oil 
recovery devices, and storage capacity to recover the worst case 
discharge planning volumes.
    (4) The guidelines in appendix C of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (5) When determining response resources necessary to meet the 
requirements of this section, a portion of those resources must be 
capable of use in close-to-shore response activities in shallow water. 
The following percentages of the response equipment identified for the 
applicable geographic area

[[Page 353]]

must be capable of operating in waters of 6 feet or less depth.
    (i) Offshore--10 percent.
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    (6) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may be 
permitted to operate with temporarily modified response plan development 
and evaluation criteria (e.g., modified response times, alternate 
response resources, etc.).
    (f) Response equipment identified in a response plan for a facility 
that handles, stores, or transports Group I through Group IV petroleum 
oils must be capable of arriving on scene within the times specified in 
this paragraph for the applicable response tier in a higher volume port 
area, Great Lakes, and in other areas. Response times for these tiers 
from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
                                                (hrs.)   (hrs.)   (hrs.)
------------------------------------------------------------------------
Higher volume port area (except for a TAPAA          6       30       54
 facility located in Prince William Sound,
 see Sec. 154.1135)........................
Great Lakes..................................       12       36       60
All other river and canal, inland, nearshore,       12       36       60
 and offshore areas..........................
------------------------------------------------------------------------

    (g) For the purposes of arranging for response resources for a 
facility that handles, stores, or transports Group I through Group IV 
petroleum oils, by contract or other approved means as described in 
Sec. 154.1028(a)(1)-(4), response equipment identified for Tier 1 plan 
credit must be capable of being mobilized and en route to the scene of a 
discharge within 2 hours of notification. The notification procedures 
identified in the plan must provide for notification and authorization 
of mobilization of identified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (h) Response resources identified for Tier 2 and Tier 3 plan credit 
must be capable of arriving on scene within the time specified for the 
applicable tier.
    (i) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports Group II or III persistent petroleum oils 
may request a credit for up to 25 percent of the on-water recovery 
capability set forth by this part. To receive this credit, the facility 
owner or operator must identify in the plan and ensure, by contract or 
other approved means as described in Sec. 154.1028(a)(1)-(4), the 
availability of specified resources to apply the dispersants and to 
monitor their effectiveness. The extent of the credit will be based on 
the volumes of the dispersant available to sustain operations at the 
manufacturers' recommend dosage rates. Resources identified for plan 
credit should be capable of being on scene within 12 hours of a 
discovery of a discharge. Identification of these resources does not 
imply that they will be authorized for use. Actual authorization for use 
during a spill response will be governed by the provisions of the NCP 
and the applicable ACP.
    (j) A response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources with firefighting capability. The owner or operator 
of a facility that does not have adequate firefighting resources located 
at the facility or that can not rely on sufficient local firefighting 
resources must identify and ensure, by contract or other approved means 
as described in Sec. 154.1028(a)(1)-(4), the availability of adequate 
firefighting resources. The response plan must also identify an 
individual located at the facility to work with the fire department for 
petroleum oil fires. This individual shall also verify that sufficient 
well-trained firefighting resources are available within a reasonable 
time to respond to a worst case discharge. The individual may be the 
qualified individual as defined in Sec. 154.1020 and identified in the 
response plan or another appropriate individual located at the facility.
    (k) The response plan for a facility that handles, stores, or 
transports

[[Page 354]]

Groups I through IV petroleum oils must identify equipment and required 
personnel available, by contract or other approved means as described in 
Sec. 154.1028(a) (1)-(4), to protect fish and wildlife and sensitive 
environments.
    (1) Except as set out in paragraph (k)(2) of this section, the 
identified response resources must include the quantities of boom 
sufficient to protect fish and wildlife and sensitive environments as 
required by Sec. 154.1035(b)(4).
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required resources and 
response methods to be used in fish and wildlife and sensitive 
environments, contained in the appropriate ACP. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (l) The response plan for a facility that handles, stores, or 
transports Groups I through IV petroleum oils must identify an oil spill 
removal organization(s) with response resources that are available, by 
contract or other approved means as described in Sec. 154.1028(a) (1)-
(4), to effect a shoreline cleanup operation commensurate with the 
quantity of emulsified petroleum oil to be planned for in shoreline 
cleanup operations.
    (1) Except as required in paragraph (l)(2) of this section, the 
shoreline cleanup response resources required must be determined as 
described in appendix C of this part.
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required shoreline cleanup 
resources and methods contained in the appropriate ACP. Facility owners 
or operators shall ensure that their response plans are in accordance 
with the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (m) Appendix C of this part describes the procedures to determine 
the maximum extent practicable quantity of response resources that must 
be identified and available, by contract or other approved means as 
described in Sec. 154.1028(a) (1)-(4), for the maximum most probable 
discharge volume, and for each worst case discharge response tier.
    (1) Included in appendix C of this part is a cap that recognizes the 
practical and technical limits of response capabilities that an 
individual facility owner or operator can be expected to contract for in 
advance.
    (2) Table 5 in appendix C of this part lists the caps that apply in 
February 18, 1993, and February 18, 1998. Depending on the quantity and 
type of petroleum oil handled by the facility and the facility's 
geographic area of operations, the resource capability caps in this 
table may be reached. The owner or operator of a facility whose 
estimated recovery capacity exceeds the applicable contracting caps in 
Table 5 shall identify sources of additional equipment equal to twice 
the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the 
calculated planning volume, whichever is lower. The identified resources 
must be capable of arriving on scene not later than the Tier 1, 2, and 3 
response times in this section. No contract is required. While general 
listings of available response equipment may be used to identify 
additional sources, a response plan must identify the specific sources, 
locations, and quantities of equipment that a facility owner or operator 
has considered in his or her planning. When listing Coast Guard 
classified oil spill removal organization(s) which have sufficient 
removal capacity to recover the volume above the response capability cap 
for the specific facility, as specified in Table 5 in appendix C of this 
part, it is not necessary to list specific quantities of equipment.
    (n) The Coast Guard will initiate a review of cap increases and 
other requirements contained within this subpart that are scheduled to 
be phased in over time. Any changes in the requirements of this section 
will occur

[[Page 355]]

through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if the 
scheduled increase for February 1998 remains practicable, and will also 
establish a specific cap for 2003. The review will include but is not 
limited to--
    (i) Increase in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.
    (2) All scheduled future requirements will take effect unless the 
Coast Guard determines that they are not practicable. Scheduled changes 
will be effective in February 1998 and 2003 unless the review of the 
additional requirements has not been completed by the Coast Guard. If 
this occurs, the additional requirements will not be effective until 90 
days after publication of a Federal Register notice with the results of 
the review.



Sec. 154.1047  Response plan development and evaluation criteria for 
facilities that handle, store, or transport Group V petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports Group V petroleum oils must provide information in his or her 
response plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of Group V petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, or 
transports Group V petroleum oil must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the COTP zones in which 
the facility operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports Group V petroleum oil must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028. The equipment identified in a response plan must 
include--
    (1) Sonar, sampling equipment, or other methods for locating the 
petroleum oil on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing the petroleum oil that may remain floating on the surface 
or to reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover 
petroleum oil from the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges; and
    (5) Other appropriate equipment necessary to respond to a discharge 
involving the type of petroleum oil handled, stored, or transported.
    (d) Response resources identified in a response plan for a facility 
that handles, stores, or transports Group V petroleum oils under 
paragraph (c) of this section must be capable of being at the spill site 
within 24 hours of discovery of a discharge.
    (e) A response plan for a facility that handles, stores, or 
transports Group V petroleum oils must identify response resources with 
firefighting capability. The owner or operator of a facility that does 
not have adequate firefighting resources located at the facility or that 
can not rely on sufficient local firefighting resources must identity 
and ensure, by contract or other approved means as described in Sec. 
154.1028, the availability of adequate firefighting resources. The 
response plan must also identify an individual located at the facility 
to work with the fire department for petroleum oil fires. This 
individual shall also verify that sufficient well-trained firefighting 
resources are available within a reasonable response time to a worst 
case scenario. The individual may be the qualified individual as defined 
in Sec. 154.1020 and identified in

[[Page 356]]

the response plan or another appropriate individual located at the 
facility.



Sec. 154.1050  Training.

    (a) A response plan submitted to meet the requirements of Sec. Sec. 
154.1035 or 154.1040, as appropriate, must identify the training to be 
provided to each individual with responsibilities under the plan. A 
facility owner or operator must identify the method to be used for 
training any volunteers or casual laborers used during a response to 
comply with the requirements of 29 CFR 1910.120.
    (b) A facility owner or operator shall ensure the maintenance of 
records sufficient to document training of facility personnel; and shall 
make them available for inspection upon request by the U.S. Coast Guard. 
Records for facility personnel must be maintained at the facility for 3 
years.
    (c) Where applicable, a facility owner or operator shall ensure that 
an oil spill removal organization identified in a response plan to meet 
the requirements of this subpart maintains records sufficient to 
document training for the organization's personnel and shall make them 
available for inspection upon request by the facility's management 
personnel, the qualified individual, and U.S. Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (d) The facility owner or operator remains responsible for ensuring 
that all private response personnel are trained to meet the Occupational 
Safety and Health Administration (OSHA) standards for emergency response 
operations in 29 CFR 1910.120.



Sec. 154.1055  Exercises.

    (a) A response plan submitted by an owner or operator of an MTR 
facility must include an exercise program containing both announced and 
unannounced exercises. The following are the minimum exercise 
requirements for facilities covered by this subpart:
    (1) Qualified individual notification exercises (quarterly).
    (2) Spill management team tabletop exercises (annually). In a 3-year 
period, at least one of these exercises must include a worst case 
discharge scenario.
    (3) Equipment deployment exercises:
    (i) Semiannually for facility owned and operated equipment.
    (ii) Annually for oil spill removal organization equipment.
    (4) Emergency procedures exercises (optional).
    (5) Annually, at least one of the exercises listed in Sec. 
154.1055(a)(2) through (4) must be unannounced. Unannounced means the 
personnel participating in the exercise must not be advised in advance, 
of the exact date, time and scenario of the exercise.
    (6) The facility owner or operator shall design the exercise program 
so that all components of the response plan are exercised at least once 
every 3 years. All of the components do not have to be exercised at one 
time; they may be exercised over the 3-year period through the required 
exercises or through an Area exercise.
    (b) A facility owner or operator shall participate in unannounced 
exercises, as directed by the COTP. The objectives of the unannounced 
exercises will be to test notifications and equipment deployment for 
response to the average most probable discharge. After participating in 
an unannounced exercise directed by a COTP, the owner or operator will 
not be required to participate in another COTP initiated unannounced 
exercise for at least 3 years from the date of the exercise.
    (c) A facility owner or operator shall participate in Area exercises 
as directed by the applicable On-Scene Coordinator. The Area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the Exercise Design Team, of which the facility owner or 
operator will be a member. After participating in an Area exercise, a 
facility owner or operator will not be required to participate in 
another Area exercise for at least 6 years.
    (d) The facility owner or operator shall ensure that adequate 
records of all required exercises are maintained at the facility for 3 
years. Records shall be made available to the Coast Guard upon request.
    (e) The response plan submitted to meet the requirements of this 
subpart

[[Page 357]]

must specify the planned exercise program. The plan must detail the 
exercise program, including the types of exercises, frequency, scope, 
objectives and the scheme for exercising the entire response plan every 
3 years.
    (f) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the facility response plan 
exercise requirements. These guidelines are available from the TASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, 
stock number USCG-X0241). Compliance with an alternative program that 
meets the requirements of paragraph (a) of this section and has been 
approved under Sec. 154.1060 will also satisfy the facility response 
plan exercise requirements.

    Note to paragraph (f): The PREP guidelines are available online at 
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCGD-2003-15404, 
68 FR 37741, June 25, 2003]



Sec. 154.1057  Inspection and maintenance of response resources.

    (a) A facility owner or operator required to submit a response plan 
under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations, and best commercial practices; and
    (2) All inspection and maintenance is documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existences of records required under this section;
    (3) Verify that the records of inspection and maintenance reflect 
the actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, skimmers, 
vessels, and other major equipment listed or referenced in the plan and 
ensured available from an oil spill removal organization through the 
written consent required under Sec. 154.1028(a)(5).



Sec. 154.1060  Submission and approval procedures.

    (a) The owner or operator of a facility to which this subpart 
applies shall submit one copy of a facility response plan meeting the 
requirements of this subpart to the COTP for initial review and, if 
appropriate, approval.
    (b) The owner or operator of a facility to which this subpart 
applies shall include a statement certifying that the plan meets the 
applicable requirements of subparts F, G, H, and I of this part, as 
appropriate.
    (c) For an MTR facility that is located in the inland response zone 
where the EPA Regional Administrator is the predesignated Federal On-
Scene Coordinator, the COTP may consult with the EPA Federal On-Scene 
Coordinator prior to any final approval.
    (d) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart that is also required to prepare a response plan under 40 CFR 
part 112, if the COTP determines that the plan meets all applicable 
requirements and the EPA Regional Administrator raises no objection to 
the response plan contents, the COTP will notify the facility owner or 
operator in writing that the plan is approved.
    (e) The plan will be valid for a period of up to 5 years. The 
facility owner or operator must resubmit an updated plan every 5 years 
as follows:
    (1) For facilities identified in only Sec. 154.1015(b) of this 
subpart, the 5-year period will commence on the date the plan is 
submitted to the COTP.
    (2) For facilities identified in Sec. 154.1015(c) of this subpart, 
the 5-year period will commence on the date the COTP approves the plan.
    (3) All resubmitted response plans shall be accompanied by a cover 
letter containing a detailed listing of all revisions to the response 
plan.
    (f) For an MTR facility identified in Sec. 154.1015(c)(2) the COTP 
will notify the facility owner or operator in writing that the plan is 
approved.

[[Page 358]]

    (g) If a COTP determines that a plan does not meet the requirements 
of this subpart either upon initial submission or upon 5-year 
resubmission, the COTP will return the plan to the facility owner or 
operator along with an explanation of the response plan's deficiencies. 
The owner or operator must correct any deficiencies in accordance with 
Sec. 154.1070 and return the plan to the COTP within the time specified 
by the COTP in the letter describing the deficiencies.
    (h) The facility owner or operator and the qualified individual and 
the alternative qualified individual shall each maintain a copy of the 
most current response plan submitted to the COTP. One copy must be 
maintained at the facility in a position where the plan is readily 
available to persons in charge of conducting transfer operations.



Sec. 154.1065  Plan review and revision procedures.

    (a) A facility owner or operator must review his or her response 
plan(s) annually. This review shall incorporate any revisions to the 
plan, including listings of fish and wildlife and sensitive environments 
identified in the ACP in effect 6 months prior to plan review.
    (1) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart as a ``significant and substantial harm facility,'' this review 
must occur within 1 month of the anniversary date of COTP approval of 
the plan. For an MTR facility identified in Sec. 154.1015(b) of this 
subpart, as a ``substantial harm facility'' this review must occur 
within 1 month of the anniversary date of submission of the plan to the 
COTP.
    (2) The facility owner or operator shall submit any revision(s) to 
the response plan to the COTP and all other holders of the response plan 
for information or approval, as appropriate.
    (i) Along with the revisions, the facility owner or operator shall 
submit a cover letter containing a detailed listing of all revisions to 
the response plan.
    (ii) If no revisions are required, the facility owner or operator 
shall indicate the completion of the annual review on the record of 
changes page.
    (iii) The COTP will review the revision(s) submitted by the owner or 
operator and will give written notice to the owner or operator of any 
COTP objection(s) to the proposed revisions within 30 days of the date 
the revision(s) were submitted to the COTP. The revisions shall become 
effective not later than 30 days from their submission to the COTP 
unless the COTP indicates otherwise in writing as provided in this 
paragraph. If the COTP indicates that the revision(s) need to be 
modified before implementation, the owner or operator will modify the 
revision(s) within the time period set by the COTP.
    (3) Any required revisions must be entered in the plan and noted on 
the record of changes page.
    (b) The facility owner or operator shall submit revisions to a 
previously submitted or approved plan to the COTP and all other holders 
of the response plan for information or approval within 30 days, 
whenever there is--
    (1) A change in the facility's configuration that significantly 
affects the information included in the response plan;
    (2) A change in the type of oil (petroleum oil group) handled, 
stored, or transported that affects the required response resources;
    (3) A change in the name(s) or capabilities of the oil spill removal 
organization required by Sec. 154.1045;
    (4) A change in the facility's emergency response procedures;
    (5) A change in the facility's operating area that includes ports or 
geographic area(s) not covered by the previously approved plan. A 
facility may not operate in an area not covered in a plan previously 
submitted or approved, as appropriate, unless the revised plan is 
approved or interim operating approval is received under Sec. 154.1025; 
or
    (6) Any other changes that significantly affect the implementation 
of the plan.
    (c) Except as required in paragraph (b) of this section, revisions 
to personnel and telephone number lists included in the response plan do 
not require COTP approval. The COTP and all other holders of the 
response plan shall be advised of these revisions and provided a copy of 
the revisions as they occur.

[[Page 359]]

    (d) The COTP may require a facility owner or operator to revise a 
response plan at any time as a result of a compliance inspection if the 
COTP determines that the response plan does not meet the requirements of 
this subpart or as a result of inadequacies noted in the response plan 
during an actual pollution incident at the facility.



Sec. 154.1070  Deficiencies.

    (a) The cognizant COTP will notify the facility owner or operator in 
writing of any deficiencies noted during review of a response plan, 
drills observed by the Coast Guard, or inspection of equipment or 
records maintained in connection with this subpart.
    (b) Deficiencies shall be corrected within the time period specified 
in the written notice provided by the COTP. The facility owner or 
operator who disagrees with a deficiency issued by the COTP may appeal 
the deficiency to the cognizant COTP within 7 days or the time specified 
by the COTP to correct the deficiency, whichever is less. This time 
commences from the date of receipt of the COTP notice. The owner or 
operator may request a stay from the COTP decision pending appeal in 
accordance with Sec. 154.1075.
    (c) If the facility owner or operator fails to correct any 
deficiencies or submit a written appeal, the COTP may invoke the 
provisions of Sec. 154.1025 prohibiting the facility from storing, 
handling, or transporting oil.



Sec. 154.1075  Appeal process.

    (a) Any owner or operator of a facility who desires to appeal the 
classification that a facility could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment, 
shall submit a written request to the cognizant COTP requesting review 
and reclassification by the COTP. The facility owner or operator shall 
identify those factors to be considered by the COTP. The factors to be 
considered by the COTP regarding reclassification of a facility include, 
but are not limited to, those listed in Sec. 154.1016(b). After 
considering all relevant material presented by the facility owner or 
operator and any additional material available to the COTP, the COTP 
will notify the facility owner or operator of the decision on the 
reclassification of the facility.
    (b) Any facility owner or operator directly affected by an initial 
determination or action of the COTP may submit a written request to the 
cognizant COTP requesting review and reconsideration of the COTP's 
decision or action. The facility owner or operator shall identify those 
factors to be considered by the COTP in making his or her decision on 
reconsideration.
    (c) Within 10 days of the COTP's decision under paragraph (b) of 
this section, the facility owner or operator may appeal the decision of 
the COTP to the District Commander. This appeal shall be made in writing 
via the cognizant COTP to the District Commander of the district in 
which the office of the COTP is located.
    (d) Within 30 days of the District Commander's decision, the 
facility owner or operator may formally appeal the decision of the 
District Commander. This appeal shall be submitted in writing to 
Commandant (G-MOR) via the District Commander.
    (e) When considering an appeal, the COTP, District Commander, or 
Commandant may stay the effect of the decision or action being appealed 
pending the determination of the appeal.

[CGD 91-036, 61 FR 7930, Feb. 29, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]



   Subpart G_Additional Response Plan Requirements for a Trans-Alaska 
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William 
                              Sound, Alaska

    Source: CGD 91-036, 61 FR 7930, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1110  Purpose and applicability.

    (a) This subpart establishes oil spill response planning 
requirements for a facility permitted under the Tans-Alaska Pipeline 
Authorization Act (TAPAA), in addition to the requirements of subpart F 
of this part. The requirements of this subpart are intended for use in 
developing response plans

[[Page 360]]

and identifying response resources during the planning process. They are 
not performance standards.
    (b) The information required by this subpart must be included in the 
Prince William Sound facility-specific appendix to the facility response 
plan required by subpart F of this part.



Sec. 154.1115  Definitions.

    In addition to the definitions in this section, the definitions in 
Sec. Sec. 154.105 and 154.1020 apply to this subpart. As used in this 
subpart--
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Non-crude oil means any oil other than crude oil.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
Entrance out to and encompassing Seal Rocks.



Sec. 154.1120  Operating restrictions and interim operating authorization.

    (a) The owner or operator of a TAPAA facility may not operate in 
Prince William Sound, Alaska, unless the requirements of this subpart as 
well as Sec. 154.1025 have been met. The owner or operator of a TAPAA 
facility shall certify to the COTP that he or she has provided, through 
an oil spill removal organization required by Sec. 154.1125, the 
necessary response resources to remove, to the maximum extend 
practicable, a worst case discharge or a discharge of 200,000 barrels of 
oil, whichever is grater, in Prince William Sound.
    (b) Coast Guard approval of a TAPAA facility response plan is 
effective only so long as the appropriate Regional Citizens Advisory 
Council(s) is funded pursuant to the requirements of section 5002(k) of 
the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat. 484, 550).



Sec. 154.1125  Additional response plan requirements.

    (a) The owner or operator of a TAPAA facility shall include the 
following information in the Prince William Sound appendix to the 
response plan required by subpart F of this part:
    (1) Oil spill removal organization. Identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound:
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Provide a plan for training, in addition to the personnel 
listed in paragraph (a)(1)(ii) of this section, sufficient numbers of 
trained personnel to remove, to the maximum extent practicable, a worst 
case discharge; and
    (iv) Address the responsibilities required in Sec. 
154.1035(b)(3)(iii).
    (2) Exercises. Identification of exercise procedures that must--
    (i) Provide for two exercises of the oil spill removal organization 
each year that test the ability of the prepositioned equipment and 
trained personnel required under this subpart to perform effectively;
    (ii) Consist of both announced and unannounced drills; and
    (iii) Include design(s) for exercises that test either the entire 
appendix or individual components(s).
    (3) Testing, inspection, and certification. Identification of a 
testing, inspecting, and certification program for the prepositioned 
response equipment required in Sec. 154.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load all electrical motors, pumps, 
power

[[Page 361]]

packs, air compressors, internal combustion engines, and oil recovery 
devices; and
    (B) Removal for inspection of no less than one-third of required 
boom from storage annually, such that all boom will have been removed 
and inspected within a period of 3 years; and
    (ii) Records of equipment tests and inspection.
    (iii) Use of an independent entity to certify that the equipment is 
on-site and in good operating condition and that required tests and 
inspection have been preformed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) Prepositioned response equipment. Identification and location of 
the prepositioned response equipment required in Sec. 154.1130 
including the make, model, and effective daily recovery rate of each oil 
recovery resource.
    (b) The owner or operator of a TAPAA facility shall submit to the 
COTP a schedule for the training and drills required by the geographic-
specific appendix for Prince William Sound for the following calendar 
year.
    (c) All records required by this section must be available for 
inspection by the COTP.



Sec. 154.1130  Requirements for prepositioned response equipment.

    The owner or operator of a TAPAA facility shall provide the 
following prepositioned response equipment, located within Prince 
William Sound, in addition to that required by Sec. Sec. 154.1035, 
154.1045, or 154.1050:
    (a) On-water recovery equipment with a minimum effective daily 
recovery rate of 30,000 barrels capable of being a scene within 2 hours 
of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels for recovered oily 
material capable of being on scene within 2 hours of notification of a 
discharge.
    (c) On-water recovery equipment with a minimum effective daily 
recovery rate of 40,000 barrels capable of being on scene within 18 
hours of notification of discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material capable of being on scene within 12 hours of notification of a 
discharge.
    (e) On-water recovery devices and storage equipment located in 
communities at strategic locations.
    (f) Equipment as identified below, for the locations identified in 
Sec. 154.1125(a)(1)(ii) sufficient for the protection of the 
environment in these locations:
    (1) Boom appropriate for the specific locations.
    (2) Sufficient boats to deploy boom and sorbents.
    (3) Sorbent materials.
    (4) Personnel protective clothing and equipment.
    (5) Survival equipment.
    (6) First aid supplies.
    (7) Buckets, shovels, and various other tools.
    (8) Decontamination equipment.
    (9) Shoreline cleanup equipment.
    (10) Mooring equipment.
    (11) Anchored buoys at appropriate locations to facilitate the 
positioning of defensive boom.
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.



Sec. 154.1135  Response plan development and evaluation criteria.

    The following response times must be used in determining the on 
scene arrival time in Prince William Sound for the response resources 
required by Sec. 154.1045:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   tier 3
                                                (hrs.)   (hrs.)   (hrs.)
------------------------------------------------------------------------
Prince William Sound Area....................       12       24       36
------------------------------------------------------------------------



Sec. 154.1140  TAPAA facility contracting with a vessel.

    The owner or operator of a TAPAA facility may contract with a vessel 
owner or operator to meet some of all of the requirements of subpart G 
of part 155 of this chapter. The extent to which these requirements are 
met by the contractual arrangement will be determined by the COTP.



 Subpart H_Response Plans for Animal Fats and Vegetable Oils Facilities

    Source: CGD 91-036, 61 FR 7931, Feb. 29, 1996, unless otherwise 
noted.

[[Page 362]]



Sec. 154.1210  Purpose and applicability.

    (a) The requirements of this subpart are intended for use in 
developing response plans and identifying response resources during the 
planning process. They are not performance standards.
    (b) This subpart establishes oil spill response planning 
requirements for an owner or operator of a facility that handles, 
stores, or transports animal fats or vegetable oils including--
    (1) A fixed MTR facility capable of transferring oil in bulk, to or 
from a vessel with a capacity of 250 barrels or more; and
    (2) A mobile MTR facility used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]



Sec. 154.1216  Facility classification.

    (a) The Coast Guard classifies facilities that handle, store, or 
transport animal fats or vegetable oils as ``substantial harm'' 
facilities because they may cause substantial harm to the environment by 
discharging oil.
    (b) The COTP may change the classification of a facility that 
handles, stores, or transports animal fats or vegetable oils. The COTP 
may consider the following factors, and any other relevant factors, 
before changing the classification of a facility:
    (1) The type and quantity of oils handled.
    (2) The spill history of the facility.
    (3) The age of the facility.
    (4) The public and commercial water supply intakes near the 
facility.
    (5) The navigable waters near the facility. Navigable waters is 
defined in 33 CFR part 2.05-25.
    (6) The fish, wildlife, and sensitive environments near the 
facility.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]



Sec. 154.1220  Response plan submission requirements.

    (a) The owner or operator of an MTR facility identified in Sec. 
154.1216 as a substantial harm facility, shall prepare and submit to the 
cognizant COTP a response plan that complies with this subpart and all 
sections of subpart F of this part, as appropriate, except Sec. Sec. 
154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
    (b) The owner or operator of an MTR facility classified by the COTP 
under Sec. 154.1216(b) as a significant and substantial harm facility, 
shall prepare and submit for review and approval of the cognizant COTP a 
response plan that complies with this subpart and all sections of 
subpart F of this part, as appropriate, except Sec. Sec. 154.1015, 
154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
    (c) In addition to the requirements in paragraph (a) of this 
section, the response plan for a mobile MTR facility must meet the 
requirements of Sec. 154.1041 subpart F.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]



Sec. 154.1225  Specific response plan development and evaluation criteria 

and other requirements for fixed facilities that handle, store, or 
transport animal 
          fats or vegetable oils.

    (a) The owner or operator of a fixed facility that handles, stores, 
or transports animal fats or vegetable oils must include information in 
the response plan that identifies--
    (1) The procedures and strategies for responding to a worst case 
discharge and to an average most probable discharge of an animal fat or 
vegetable oil to the maximum extent practicable; and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) The owner or operator of a fixed facility must ensure the 
equipment listed in the response plan will operate in the geographic 
area(s) where the facility operates. To determine if the equipment will 
operate, the owner or operator must--
    (1) Use the criteria in Table 1 and Section 2 of appendix C of this 
part; and
    (2) Consider the limitations in the area contingency plan for the 
COTP zone where the facility is located, including
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports animal fats or vegetable oils must

[[Page 363]]

name the personnel and list the equipment, including those that are 
specified in Sec. 154.1240, that are available by contract or by a 
method described in Sec. 154.1228(a). The owner or operator is not 
required, but may at their option, refer to the tables in Environmental 
Protection Agency regulations, 40 CFR 112, Appendix E, Section 10.0, 
Tables 6 and 7, to determine necessary response resources.
    (d) The owner or operator of a facility that handles, stores, or 
transports animal fats or vegetable oils must ensure that the response 
resources in paragraph (c) of this section are able to effectively 
respond to an incident within the amount of time indicated in the 
following table, unless otherwise specified in Sec. 154.1240:

------------------------------------------------------------------------
                                   Tier 1
                                   (hrs.)       Tier 2         Tier 3
------------------------------------------------------------------------
Higher volume port area........          6  N/A            N/A.
Great Lakes....................         12  N/A            N/A.
All other river and canal,              12  N/A            N/A.
 inland, nearshore, and
 offshore areas.
------------------------------------------------------------------------

    (e) The owner or operator of a facility that handles, stores, or 
transports animal fats or vegetable oils must--
    (1) List in the plan the personnel and equipment that the owner or 
operator will use to fight fires.
    (2) If there is not enough equipment or personnel located at the 
facility, arrange by contract or a method described in Sec. 
154.1228(a), or through a cooperative agreement with public fire-
fighting resources, to have the necessary personnel and equipment 
available to fight fires.
    (3) Identify an individual located at the facility who will work 
with the fire department on fires, involving an animal fat or vegetable 
oil. The individual--
    (i) Verifies that there are enough trained personnel and operating 
equipment within a reasonable distance to the incident to fight fires.
    (ii) Can be the qualified individual defined in Sec. 154.1020 or an 
appropriate individual located at the facility.
    (f) For a fixed facility, except for facilities that are part of a 
non-transportation-related fixed onshore facility with a storage 
capacity of less than 42,000 gallons, the owner or operator must also 
ensure and identify, through contract or a method described in Sec. 
154.1228, response resources for an average most probable discharge, 
including--
    (1) At least 1,000 feet of containment boom or two times the length 
of the longest vessel that regularly conducts operations at the 
facility, whichever is greater, and the means of deploying and anchoring 
the boom within 1 hour of the discovery of an incident. Based on site-
specific or facility-specific information, the COTP may require the 
facility owner or operator to make available additional quantities of 
containment boom within 1 hour of an incident;
    (2) Adequate sorbent material located at the facility;
    (3) Oil recovery devices and recovered oil storage capacity capable 
of being at the incident's site within 2 hours of the discovery of an 
incident; and
    (4) Other appropriate equipment necessary to respond to an incident 
involving the type of oil handled.
    (g) For a mobile facility or a fixed facility that is part of a non-
transportation-related onshore facility with a storage capacity of less 
than 42,000 gallons, the owner or operator must meet the requirements of 
Sec. 154.1041, and ensure and identify, through contract or a method 
described in Sec. 154.1228, response resources for an average most 
probable discharge, including--
    (1) At least 200 feet of containment boom and the means of deploying 
and anchoring the boom within 1 hour of the discovery of an incident. 
Based on site-specific or facility-specific information, the COTP may 
require the facility owner or operator to make available additional 
quantities of containment boom within 1 hour of the discovery of an 
incident;
    (2) Adequate sorbent material capable of being at the site of an 
incident within 1 hour of its discovery;
    (3) Oil recovery devices and recovered oil storage capacity capable 
of being at incident's site within 2 hours of the discovery of an 
incident; and
    (4) Other equipment necessary to respond to an incident involving 
the type of oil handled.

[[Page 364]]

    (h) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports animal fats and vegetables oils may 
request a credit for up to 25 percent of the worst case planning volume 
set forth by subpart F of this part. To receive this credit, the 
facility owner or operator must identify in the plan and ensure, by 
contract or other approved means as described in Sec. 154.1228(a), the 
availability of specified resources to apply the dispersants and to 
monitor their effectiveness. The extent of the credit for dispersants 
will be based on the volumes of the dispersants available to sustain 
operations at the manufacturers' recommended dosage rates. Other spill 
mitigation techniques, including mechanical dispersal, may be identified 
in the response plan provided they are in accordance with the NCP and 
the applicable ACP. Resources identified for plan credit should be 
capable of being on scene within 12 hours of a discovery of a discharge. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during a spill response 
will be governed by the provisions of the NCP and the applicable ACP.

[CGD 91-036, 61 FR 7931, Feb. 29, 1996, as amended by USCG-1999-5149, 65 
FR 40826, June 30, 2000]



Sec. 154.1228  Methods of ensuring the availability of response resources 
by contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) The identification of an oil spill removal organization with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan;
    (2) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and drills;
    (iv) Is referenced in the response plan;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to response to a 
discharge within stipulated response times in the specified geographic 
areas;
    (4) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas; or
    (5) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



Sec. 154.1240  Specific requirements for animal fats and vegetable oils 

facilities that could reasonably be expected to cause substantial harm 
to the 
          environment.

    (a) The owner or operator of a facility, classified under Sec. 
154.1216 as a facility that could reasonably be expected to cause 
substantial harm to the environment, must submit a response plan that 
meets the requirements of Sec. 154.1035, except as modified by this 
section.
    (b) The plan does not need to list the facility or corporate 
organizational structure that the owner or operator will use to manage 
the response, as required by Sec. 154.1035(b)(3)(iii).
    (c) The owner or operator must ensure and identify, by contract or a 
method described in Sec. 154.1228, that the response resources required 
under

[[Page 365]]

Sec. 154.1035(b)(3)(iv) are available for a worst case discharge.

[USCG-1999-5149, 65 FR 40827, June 30, 2000]



     Subpart I_Response Plans for Other Non-Petroleum Oil Facilities

    Source: CGD 91-036, 61 FR 7932, Feb. 29, 1996, unless otherwise 
noted.



Sec. 154.1310  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils. The requirements of this subpart 
are intended for use in developing response plans and identifying 
response resources during the planning process. They are not performance 
standards.



Sec. 154.1320  Response plan submission requirements.

    An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils shall submit a response plan in 
accordance with the requirements of this subpart, and with all sections 
of subpart F of this part, except Sec. Sec. 154.1045 and 154.1047, 
which apply to petroleum oils.



Sec. 154.1325  Response plan development and evaluation criteria for 
facilities that handle, store, or transport other non-petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must provide information in his or 
her plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the COTP zone in which 
the facility is located, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028(a). The equipment identified in a response plan must 
include--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oils handled; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil handled.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of commencing an effective on-scene 
response within the times specified in this paragraph for the applicable 
operating area:

------------------------------------------------------------------------
                                                    Tier 1   Tier   Tier
                                                    (hrs.)    2      3
------------------------------------------------------------------------
Higher volume port area...........................       6    N/A    N/A
Great Lakes.......................................      12    N/A    N/A
All other river and canal, inland, nearshore, and       12    N/A    N/A
 offshore areas...................................
------------------------------------------------------------------------

    (e) A response plan for a facility that handles, stores, or 
transports other non-petroleum oils must identify response resources 
with firefighting capability. The owner or operator of a facility that 
does not have adequate firefighting resources located at the facility or 
that cannot rely on sufficient local firefighting resources must 
identify and ensure, by contract or other approved means as described in 
Sec. 154.1028(a), the availability of adequate firefighting resources. 
The response plan must also identify an individual located at the 
facility to work with the fire department on other non-petroleum oil 
fires. This individual shall also verify that sufficient well-

[[Page 366]]

trained firefighting resources are available within a reasonable 
response time to a worst case scenario. The individual may be the 
qualified individual as defined in Sec. 154.1020 and identified in the 
response plan or another appropriate individual located at the facility.
    (f) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils may request a 
credit for up to 25 percent of the worst case planning volume set forth 
by subpart F of this part. To receive this credit, the facility owner or 
operator must identify in the plan and ensure, by contract or other 
approved means as described in Sec. 154.1028(a), the availability of 
specified resources to apply the dispersants and to monitor their 
effectiveness. The extent of the credit will be based on the volumes of 
the dispersant available to sustain operations at the manufacturers' 
recommended dosage rates. Identification of these resources does not 
imply that they will be authorized for use. Actual authorization for use 
during a spill response will be governed by the provisions of the NCP 
and the applicable ACP.

    Appendix A to Part 154--Guidelines for Detonation Flame Arresters

    This appendix contains the draft ASTM standard for detonation flame 
arresters. Devices meeting this standard will be accepted by the 
Commandant (G-MSO).
    1. Scope
    1.1 This standard provides the minimum requirements for design, 
construction, performance and testing of detonation flame arresters.
    2. Intent
    2.1 This standard is intended for detonation flame arresters 
protecting systems containing vapors of flammable or combustible liquids 
where vapor temperatures do not exceed 60 [deg]C. For all tests, the 
test media defined in 14.1.1 can be used except where detonation flame 
arresters protect systems handling vapors with a maximum experimental 
safe gap (MESG) below 0.9 millimeters. Detonation flame arresters 
protecting such systems must be tested with appropriate media (the same 
vapor or a media having a MESG no greater than the vapor). Various gases 
and their respective MESG are listed in attachment 1.
    2.2 The tests in this standard are intended to qualify detonation 
flame arresters for all in-line applications independent of piping 
configuration provided the operating pressure is equal to or less than 
the maximum operating pressure limit specified in the manufacturer's 
certification and the diameter of the piping system in which the 
detonation arrester is to be installed is equal to or less than the 
piping diameter used in the testing.

    Note: Detonation flame arresters meeting this standard as Type I 
devices, which are certified to be effective below 0 [deg]C and which 
can sustain three stable detonations without being damaged or 
permanently deformed, also comply with the minimum requirements of the 
International Maritime Organization, Maritime Safety Committee Circular 
No. 373 (MSC/Circ. 373/Rev.1).

    3. Applicable Documents
    3.1 ASTM Standards \1\
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.

A395 Ferritic Ductile Iron Pressure-Retaining Castings For Use At 
Elevated Temperatures.
F722 Welded Joints for Shipboard Piping Systems
F1155 Standard Practice for Selection and Application of Piping System 
Materials
    3.2 ANSI Standards \2\

B16.5 Pipe Flanges and Flanged Fittings.

    3.3 Other Documents
    3.3.1 ASME Boiler and Pressure Vessel Code \2\

Section VIII, Division 1, Pressure Vessels
Section IX, Welding and Brazing Qualifications.

    3.3.2 International Maritime Organization, Maritime Safety Committee 
\3\

MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and 
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in 
Tankers.

    3.3.3 International Electrotechnical Commission \4\

Publication 79-1--Electrical Apparatus for Explosive Gas Atmospheres.

    4. Terminology
    4.1 [Delta] P/Po--The dimensionless ratio, for any 
deflagration and detonation test of 14.3, of the maximum pressure 
increase (the maximum pressure minus the initial pressure), as measured 
in the piping system on the side of the arrester where ignition begins 
by the device described in paragraph 14.3.3, to the initial absolute 
pressure in the piping system. The initial pressure should be greater 
than or equal to the maximum operating pressure specified in paragraph 
11.1.7.
    4.2 Deflagration--A combustion wave that propagates subsonically (as 
measured at the

[[Page 367]]

pressure and temperature of the flame front) by the transfer of heat and 
active chemical species to the unburned gas ahead of the flame front.
    4.3 Detonation--A reaction in a combustion wave propagating at sonic 
or supersonic (as measured at the pressure and temperature of the flame 
front) velocity. A detonation is stable when it has a velocity equal to 
the speed of sound in the burnt gas or may be unstable (overdriven) with 
a higher velocity and pressure.
    4.4 Detonation flame arrester--A device which prevents the 
transmission of a detonation and a deflagration.
    4.5 Flame speed--The speed at which a flame propagates along a pipe 
or other system.
    4.6 Flame Passage--The transmission of a flame through a device.
    4.7 Gasoline Vapors--A non-leaded petroleum distillate consisting 
essentially of aliphatic hydrocarbon compounds with a boiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of detonation flame arresters covered in this 
specification are classified as follows:
    5.1.1 Type I--Detonation flame arresters acceptable for applications 
where stationary flames may rest on the device.
    5.1.2 Type II--Detonation flame arresters acceptable for 
applications where stationary flames are unlikely to rest on the device, 
and further methods are provided to prevent flame passage when a 
stationary flame occurs. One example of ``further methods'' is a 
temperature monitor and an automatic shutoff valve.
    6. Ordering Information
    6.1 Orders for detonation flame arresters under this specification 
shall include the following information as applicable:
    6.1.1 Type (I or II).
    6.1.2 Nominal pipe size.
    6 1.3 Each gas or vapor in the system and the corresponding MESG.
    6.1.4 Inspection and tests other than specified by this standard.
    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section 10.1).
    6.1.7 Description of installation.
    6.1.8 Materials of construction (see section 7).
    6.1.9 Maximum flow rate and the maximum design pressure drop for 
that maximum flow rate.
    6.1.10 Maximum operating pressure.
    7. Materials
    7.1 The detonation flame arrester housing, and other parts or 
bolting used for pressure retention, shall be constructed of materials 
listed in ASTM F 1155 (incorporated by reference, see Sec. 154.106), or 
section VIII, Division 1 of the ASME Boiler and Pressure Vessel Code. 
Cast and malleable iron shall not be used; however, ductile cast iron in 
accordance with ASTM A395 may be used.
    7.1.1 Arresters, elements, gaskets, and seals must be made of 
materials resistant to attack by seawater and the liquids and vapors 
contained in the system being protected (see section 6.1.3).
    7.2 Nonmetallic materials, other than gaskets and seals, shall not 
be used in the construction of pressure retaining components of the 
detonation flame arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustible and 
suitable for the service intended.
    7.3 Bolting materials, other than that of section 7.1, shall be at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4 The possibility of galvanic corrosion shall be considered in the 
selection of materials.
    7.5 All other parts shall be constructed of materials suitable for 
the service intended.
    8. Other Requirements
    8.1 Detonation flame arrester housings shall be gas tight to prevent 
the escape of vapors.
    8.2 Detonation flame arrester elements shall fit in the housing in a 
manner that will insure tightness of metal-to-metal contacts in such a 
way that flame cannot pass between the element and the housing.
    8.2.1 The net free area through detonation flame arrester elements 
shall be at least 1.5 times the cross-sectional area of the arrester 
inlet.
    8.3 Housings, elements, and seal gasket materials shall be capable 
of withstanding the maximum and minimum pressures and temperatures to 
which the device may be exposed under both normal and the specified fire 
test conditions in section 14, and shall be capable of withstanding the 
hydrostatic pressure test of section 9.2.3.
    8.4 Threaded or flanged pipe connections shall comply with the 
applicable B16 standards in ASTM F 1155 (incorporated by reference, see 
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated 
by reference, see Sec. 154.106).
    8.5 All flat joints of the housing shall be machined true and shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure retaining 
components, welded joint design details, welding and non-destructive 
testing shall be in accordance with Section VIII, Division 1, of the 
ASME Code and ASTM F 722 (incorporated by reference, see Sec. 154.106). 
Welders and weld procedures shall be qualified in accordance with 
section IX of the ASME Code.
    8.7 The design of detonation flame arresters shall allow for ease of 
inspection and removal of internal elements for replacement, cleaning or 
repair without removal of the entire device from the system.

[[Page 368]]

    8.8 Detonation flame arresters shall allow for efficient drainage of 
condensate without impairing their efficiency to prevent the passage of 
flame. The housing may be fitted with one or more drain plugs for this 
purpose. The design of a drain plug should be such so that by cursory 
visual inspection it is obvious whether the drain has been left open.
    8.9 All fastenings shall be protected against loosening.
    8.10 Detonation flame arresters shall be designed and constructed to 
minimize the effect of fouling under normal operating conditions.
    8.11 Detonation flame arresters shall be capable of operating over 
the full range of ambient air temperatures anticipated.
    8.12 Detonation flame arresters shall be of first class workmanship 
and free from imperfections which may affect their intended purpose.
    8.13 Detonation flame arresters shall be tested in accordance with 
section 9.
    9. Tests
    9.1 Tests shall be conducted by an independent laboratory capable of 
performing the tests. The manufacturer, in choosing a laboratory, 
accepts that it is a qualified independent laboratory by determining 
that it has (or has access to) the apparatus, facilities, personnel, and 
calibrated instruments that are necessary to test detonation flame 
arresters in accordance with this standard.
    9.1.1 A test report shall be prepared by the laboratory which shall 
include:
    9.1.1.1 Detailed drawings of the detonation flame arrester and its 
components (including a parts list identifying the materials of 
construction).
    9.1.1.2 Types of tests conducted and results obtained. This shall 
include the maximum temperature reached and the length of testing time 
in section 14.2 in the case of Type II detonation flame arresters.
    9.1.1.3 Description of approved attachments (reference 9.2.6).
    9.1.1.4 Types of gases or vapors for which the detonation flame 
arrester is approved.
    9.1.1.5 Drawings of the test rig.
    9.1.1.6 Record of all markings found on the tested detonation flame 
arrester.
    9.1.1.7 A report number.
    9.2 One of each model Type I and Type II detonation flame arrester 
shall be tested. Where approval of more than one size of a detonation 
flame arrester model is desired, only the largest and smallest sizes 
need be tested provided it is demonstrated by calculation and/or other 
testing that intermediate size devices have equal or greater strength to 
withstand the force of a detonation and have equivalent detonation 
arresting characteristics. A change of design, material, or construction 
which may affect the corrosion resistance, or ability to resist 
endurance burning, deflagrations or detonations shall be considered a 
change of model for the purpose of this paragraph.
    9.2.1 The detonation flame arrester shall have the same dimensions, 
configuration, and most unfavorable clearances expected in production 
units.
    9.2.2 A corrosion test shall be conducted. In this test, a complete 
detonation flame arrester, including a section of pipe similar to that 
to which it will be fitted, shall be exposed to a 20% sodium chloride 
solution spray at a temperature of 25 [deg]C for a period of 240 hours, 
and allowed to dry for 48 hours. Following this exposure, all movable 
parts shall operate properly and there shall be no corrosion deposits 
which cannot be washed off.
    9.2.3 The detonation flame arrester shall be subjected to a 
hydrostatic pressure test of at least 350 psig for ten minutes without 
rupturing, leaking, or showing permanent distortion.
    9.2.4 Flow characteristics as declared by the manufacturer, shall be 
demonstrated by appropriate tests.
    9.2.5 Detonation flame arresters shall be tested for endurance burn 
and deflagration/detonation in accordance with the test procedures in 
section 14. Type I detonation flame arresters shall show no flame 
passage when subjected to both tests. Type II detonation flame arresters 
shall show no evidence of flame passage during the detonation/
deflagration tests in section 14.3. Type II detonation flame arresters 
shall be tested for endurance burn in accordance with section 14.2. From 
the endurance burn test of a Type II detonation flame arresters, the 
maximum temperature reached and the test duration shall be recorded and 
provided as part of the laboratory test report.
    9.2.6 Where a detonation flame arrester is provided with cowls, 
weather hoods and deflectors, etc., it shall be tested in each 
configuration in which it is provided.
    9.2.7 Detonation flame arresters which are provided with a heating 
arrangement designed to maintain the surface temperature of the device 
above 85 [deg]C shall pass the required tests at the maximum heated 
operating temperature.
    9.2.8 Each finished detonation arrester shall be pneumatically 
tested at 10 psig to ensure there are no defects or leakage.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspector all 
reasonable access necessary to assure that the device is being furnished 
in accordance with this standard. All examinations and inspections shall 
be made at the place of manufacture, unless otherwise agreed upon.
    10.2 Each finished detonation arrester shall be visually and 
dimensionally checked to ensure that the device corresponds to this

[[Page 369]]

standard, is certified in accordance with section 11 and is marked in 
accordance with section 12. Special attention shall be given to the 
checking of welds and the proper fit-ups of joints (see sections 8.5 and 
8.6).
    11. Certification
    11.1 Manufacturer's certification that a detonation flame arrester 
meets this standard shall be provided in an instruction manual. The 
manual shall include as applicable:
    11.1.1 Installation instructions and a description of all 
configurations tested (reference paragraph 9.2.6). Installation 
instructions to include the device's limitations.
    11.1.2 Operating instructions.
    11.1.3 Maintenance requirements.
    11.1.3.1 Instructions on how to determine when arrester cleaning is 
required and the method of cleaning.
    11.1.4 Copy of test report (see section 9.1.1).
    11.1.5 Flow test data, maximum temperature and time tested (Type 
II).
    11.1.6 The ambient air temperature range over which the device will 
effectively prevent the passage of flame.

    Note: Other factors such as condensation and freezing of vapors 
should be evaluated at the time of equipment specification.

    11.1.7 The maximum operating pressure for which the device is 
suitable.
    12. Marking
    12.1 Each detonation flame arrester shall be permanently marked 
indicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer's designation for 
the detonation flame arrester.
    12.1.3 Size of the inlet and outlet.
    12.1.4 Type of device (Type I or II).
    12.1.5 Direction of flow through the detonation flame arrester.
    12.1.6 Test laboratory and report number.
    12.1.7 Lowest MESG of gases that the detonation flame arrester is 
suitable for.
    12.1.8 ASTM designation of this standard.
    12.1.9 Ambient air operating temperature range.
    12.1.10 Maximum operating pressure.
    13. Quality Assurance
    13.1 Detonation flame arresters shall be designed, manufactured and 
tested in a manner that ensures they meet the characteristics of the 
unit tested in accordance with this standard.
    13.2 The detonation flame arrester manufacturer shall maintain the 
quality of the arresters that are designed, tested and marked in 
accordance with this standard. At no time shall a detonation flame 
arrester be sold with this standard designation that does not meet the 
requirements herein.
    14. Test Procedures for Detonation Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids with a MESG 
greater than or equal to 0.9 mm, technical grade hexane or gasoline 
vapors shall be used for all tests in this section except technical 
grade propane may be used for the deflagration/detonation tests in 
section 14.3. For vapors with a MESG less than 0.9 mm, the specific 
vapor (or alternatively, a media with a MESG less than or equal to the 
MESG of the vapor) must be used as the test medium in all Section 14 
tests.
    14.1.2 Hexane, propane, gasoline and other test vapors shall be 
mixed with air to form the most easily ignitable mixture. \5\
    14.2 Endurance Burn Test Procedure
    14.2.1 An endurance burning test shall be carried out as follows:
    14.2.1.1 The test rig shall consist of an apparatus producing an 
explosive mixture, a small tank with a diaphragm, a prototype of the 
detonation flame arrester and a firing source in close proximity to the 
test device (see Figure 1). The detonation flame arrester shall be 
installed so that the mixture emission is vertically upwards, or 
installed in the position for which it is designed and which will cause 
the most severe heating of the device under the prescribed endurance 
burn conditions. In this position the mixture shall be ignited.
    14.2.1.2 Endurance burn test shall start by using the most easily 
ignitable test vapor/air mixture with the aid of a pilot flame or a 
spark igniter at the outlet. The flammable mixture may be reignited as 
necessary in the course of the endurance burn.
    14.2.1.3 Temperature measurement will be performed on the surface of 
the arrester element half way between the center and its edge.
    14.2.1.4 By varying the proportions of the flammable mixture and the 
flow rate, the detonation flame arrester shall be heated by a stable 
flame on the surface of the arrester until the highest obtainable 
temperature is reached on the ignited side or until the temperature on 
the side which was not ignited (protected side) rises 100 [deg]C.
    14.2.1.5 The flammable mixture proportions will then be varied again 
until the conditions which result in the highest temperature on the 
protected side are achieved. This temperature shall be maintained for a 
period of ten minutes, after which the flow shall be stopped and the 
conditions observed. The highest attainable temperature is considered to 
have been reached when any subsequent rise of temperature does not 
exceed 0.5 [deg]C per minute over a ten minute period.
    14.2.1.6 If difficulty arises in establishing the highest attainable 
temperature on the protected side, the following criteria shall apply. 
When the increase in temperature on the protected side occurs so slowly 
that its temperature does not rise 100 [deg]C, the conditions which 
produced the highest temperature on the ignited side of the arrester 
will

[[Page 370]]

be maintained for two hours. For the condition in which the temperature 
on the protected side continues to rise at a rate in excess of 0.5 
[deg]C per minute for a 10 minute period, endurance burning shall be 
continued, using the most severe conditions of flammable mixtures and 
flow rate, for a period of two hours. In either of these cases, at the 
end of the two hour period, the flow shall be stopped and the conditions 
observed. The two hour interval shall be measured commencing with the 
setting of the conditions which produced the most severe conditions of 
mixture and flow rate. For Type I detonation flame arresters, flame 
passage shall not occur during this test. For Type II detonation flame 
arresters, the maximum temperature obtained, and the time elapsed from 
the time when the most severe conditions are set to when flame passage 
occurs, shall be recorded. However, for Type II detonation flame 
arresters the test may be terminated 15 minutes after setting the most 
severe conditions on the protected side.
    14.3 Deflagration/Detonation Test Procedure
    14.3.1 A detonation flame arrester shall be installed at one end of 
a pipe of the same diameter as the inlet of the detonation flame 
arrester (see Figure 2). The length and configuration of the test pipe 
shall develop a stable detonation \6\ at the device and shall be 
capable, by change in its length or configuration, of developing 
deflagrations and unstable (overdriven) detonations as measured on the 
side of the pipe where ignition occurs (run-up side). For deflagration 
testing, two test piping arrangements shall be used on the outlet side 
of the detonation flame arrester (the side which is not ignited). In 
both of the following end arrangements, the outlet side pipe diameter 
shall be equal to that on the run-up side. In one arrangement, the 
outlet side pipe shall be at least 10 pipe diameters long with a plastic 
bag over the free end. (Alternate end of pipe closures are also 
acceptable provided they easily give way during the course of the test, 
and the closure allows the required gas concentration to be maintained 
throughout the test piping arrangement.) In the other arrangement the 
outlet side pipe shall be fitted with a restriction located 0.6 meters 
from the outlet side arrester flange. The size of the restriction for 
each nominal size detonation flame arrester shall be as follows:

------------------------------------------------------------------------
   Nominal pipe diameter (inches)       Restriction diameter (inches)
------------------------------------------------------------------------
                 3                                  \1/2\
                 4                                  \1/2\
                 6                                    1
                 8                                  1\1/2\
                 10                                 1\1/2\
                 12                                   2
                 18                                   2
                 24                                   2
------------------------------------------------------------------------

The entire pipe shall be filled with the most easily ignitable vapor/air 
mixture to a test pressure corresponding to or greater than the upper 
limit of the device's maximum operating pressure (see 11.1.7). In order 
to obtain this test pressure, a device such as a bursting disc may be 
fitted on the open end of the device in place of the plastic bag. The 
concentration of the mixture should be verified by appropriate testing 
of the gas composition. The vapor/air mixture shall then be ignited.
    14.3.2 Flame speeds shall be measured by optical devices capable of 
providing accuracy of 5%. These devices shall be 
situated no more than a distance equal to 3% of the length of the run-up 
pipe apart with one device no more than 8 inches from the end of the 
test pipe to which the detonation flame arrester is attached. In 
addition, each outlet arrangement described in paragraph 14.3.1 shall be 
fitted with an optical device located no more than 8 inches from the 
detonation flame arrester outlet. \7\
    14.3.3 Explosion pressures within the pipe shall be measured by a 
high frequency transducer situated in the test pipe no more than 8 
inches from the run-up side of the housing of the detonation flame 
arrester.
    14.3.4 Using the first end arrangement (10 pipe diameter outlet) 
described in paragraph 14.3.1, a series of tests shall be conducted to 
determine the test pipe length and configuration that results in the 
maximum unstable (overdriven) detonation having the maximum measured 
flame speed at the detonation flame arrester. (These tests may also be 
carried out using a single length of pipe with igniters spaced at 
varying distances from the arrester.) The flame speeds, explosion 
pressures and test pipe configurations shall be recorded for each of 
these tests. The piping configuration that resulted in the highest 
recorded unstable (overdriven) detonation flame speed shall be used, and 
the device shall be subjected to at least four additional unstable 
(overdriven) detonations. In the course of testing, the device shall 
also demonstrate its ability to withstand five stable detonations, five 
deflagrations (as determined by flame speed) where [Delta] P/
Po was less than 1 and five deflagrations (as determined by 
flame speed) where [Delta] P/Po was greater than 1 but less 
than 10. Initiation of deflagrations shall be at several locations to 
generate a range for [Delta] P/Po. Deflagration tests using 
the restricted outlet arrangement described in paragraph 14.3.1 shall 
then be conducted. In these tests the device shall demonstrate its 
ability to stop five deflagrations (as determined by flame speed) 
generated by the same configurations which resulted in [Delta] P/
Po being less than 1 during the deflagration tests which were 
conducted without the restricted end arrangements, and five 
deflagrations (as determined by

[[Page 371]]

flame speed) generated by the same configurations which resulted in 
[Delta] P/Po being greater than 1 but less than 10 during the 
deflagration tests which were conducted without the restricted end 
arrangements. No evidence of flame passage shall occur during these 
tests. The flame speeds and explosion pressures for each of these tests 
shall be recorded.
    14.3.5 A device that successfully passes the tests of 14.3.4 shall 
be considered to be directional (suitable for arresting a detonation 
advancing only from the direction as tested) except;
    14.3.5.1 A device may be tested according to 14.3.4 for detonations 
approaching from either direction, or
    14.3.5.2 The design of the device is symmetrical where each end may 
be considered to be identical when approached by a detonation from 
either direction.

    \1\ Available from the American Society for Testing and Materials 
(ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
    \2\ Available from the American Society of Mechanical Engineers 
International, Three Park Avenue, New York, NY 10016-5990.
    \3\ Available from the International Maritime Organization, 4 Albert 
Embankment, London SE1 7SR, England.
    \4\ Available from the International Electrotechnical Commission, 1 
rue de Varembe, Geneva, Switzerland.
    \5\ See IEC Publication 79-1.
    \6\ Some data are available for the estimation of flame speeds in 
horizontal pipes without detonation flame arresters. Some data indicate 
that the presence of small obstacles, fittings or bends in the test pipe 
can accelerate the flame speeds appreciably.
    \7\ Other pressure and/or flame speed measuring techniques may be 
used if effective.

[[Page 372]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.012


[[Page 373]]


[GRAPHIC] [TIFF OMITTED] TC18OC91.013


[[Page 374]]



                              Attachment 1
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap
            Inflammable gas or vapour             ----------------------
                                                       mm         in.
------------------------------------------------------------------------
Methane..........................................       1.170      0.046
Blast furnace gas................................       1.193      0.047
Propane..........................................       0.965      0.038
Butane...........................................       1.066      0.042
Pentane..........................................       1.016      0.040
Hexane...........................................       0.965      0.038
Heptane..........................................       0.965      0.038
Iso-octane.......................................       1.040      0.041
Decane...........................................       1.016      0.040
Benzene..........................................       0.99       0.039
Xylene...........................................       1.066      0.042
Cyclohexane......................................       0.94       0.037
Acetone..........................................       1.016      0.040
Ethylene.........................................       0.71       0.028
Methyl-ethyl-ketone..............................       1.016      0.040
Carbon monoxide..................................       0.915      0.036
Methyl-acetate...................................       0.990      0.039
Ethyl-acetate....................................       1.04       0.041
Propyl-acetate...................................       1.04       0.041
Butyl-acetate....................................       1.016      0.040
Amyl-acetate.....................................       0.99       0.039
Methyl alcohol...................................       0.915      0.036
Ethyl alcohol....................................       1.016      0.040
Iso-butyl-alcohol................................       0.965      0.038
Butyl-alcohol (Normal)...........................       0.94       0.037
Amyl-alcohol.....................................       0.99       0.039
Ethyl-ether......................................       0.864      0.034
Coal gas (H2 57%)................................       0.482      0.019
Acetylene........................................     <=0.025    <=0.001
Carbon disulphide................................       0.203      0.008
Hydrogen.........................................       0.102      0.004
Blue water gas (H2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................     <=0.025    <=0.001
Ammonia..........................................   \1\ 3.33   \1\ 0.133
Ethylene oxide...................................       0.65       0.026
Ethyl nitrite....................................       0.922      0.038
------------------------------------------------------------------------
\1\ Approximately.


[CGD 88-102, 55 FR 25435, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as 
amended by CGD 96-026, 61 FR 33666, June 28, 1996; USCG-1999-5832, 64 FR 
34715, June 29, 1999; USCG-2000-7223, 65 FR 40058, June 29, 2000]

   Appendix B to Part 154--Standard Specification for Tank Vent Flame 
                                Arresters

    1. Scope
    1.1 This standard provides the minimum requirements for design, 
construction, performance and testing of tank vent flame arresters.
    2. Intent
    2.1 This standard is intended for flame arresters protecting systems 
containing vapors of flammable or combustible liquids with a flashpoint 
that does not exceed 60 [deg]C. The test media defined in 14.1.1 can be 
used except where arresters protect systems handling vapors with a 
maximum experimental safe gap (MESG) below 0.9 millimeters. Flame 
arresters protecting such systems must be tested with appropriate media 
(the same vapor or a media having a MESG no greater than the vapor). 
Various gases and their respective MESG are listed in Attachment 1.

    Note: Flame arresters meeting this standard also comply with the 
minimum requirements of the International Maritime Organization, 
Maritime Safety Committee Circular No. 373 (MSC/Circ. 373/Rev. 1).

    3. Applicable Documents
    3.1 ASTM Standards \1\ F722 Welded Joints for Shipboard Piping 
Systems; F1155 Standard Practice for Selection and Application of Piping 
System Materials
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.
---------------------------------------------------------------------------

    3.2 ANSI Standards \2\ B16.5 Pipe Flanges and Flanged Fittings.
    3.3 Other Documents
    3.3.1 ASME Boiler and Pressure Vessel Code \2\ section VIII, 
Division 1, Pressure Vessels; section IX, Welding and Brazing 
Qualifications.
    3.3.2 International Maritime Organization, Maritime Safety Committee 
\3\ MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and 
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in 
Tankers.
    3.3.3 International Electrotechnical Commission \4\ Publication 
79.1--Electrical Apparatus for Explosive Gas Atmospheres.
    4. Terminology
    4.1 Flame arrester--A device to prevent the passage of flame in 
accordance with a specified performance standard. Its flame arresting 
element is based on the principle of quenching.
    4.2 Flame speed--The speed at which a flame propagates along a pipe 
or other system.
    4.3 Flame Passage--The transmission of a flame through a flame 
arrester.
    4.4 Gasoline Vapors--A non-leaded petroleum distillate consisting 
essentially of aliphatic hydrocarbon compounds with a boiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of flame arresters covered in this specification 
are classified as follows:
    5.1.1 Type I--Flame arresters acceptable for end-of-line 
applications.
    5.1.2 Type II--Flame arresters acceptable for in-line applications.
    6. Ordering Information
    6.1 Orders for flame arresters under this specification shall 
include the following information as applicable:
    6.1.1 Type (I or II).
    6.1.2 Nominal pipe size.
    6.1.3 Each gas or vapor in the tank being protected by the flame 
arrester, and the corresponding MESG.
    6.1.4 Inspection and tests other than specified by this standard.

[[Page 375]]

    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section 10.1).
    6.1.7 Description of installation (distance and configuration of 
pipe between the arrester, and the atmosphere or potential ignition 
source) (see section 9.2.4.2).
    6.1.8 Materials of construction (see section 7).
    6.1.9 Maximum flow rate and the design pressure drop for that 
maximum flow rate.
    7. Materials
    7.1 The flame arrester housing, and other parts or bolting used for 
pressure retention, shall be constructed of materials listed in ASTM F 
1155 (incorporated by reference, see Sec. 154.106), or section VIII, 
Division 1 of the ASME Boiler and Pressure Vessel Code.
    7.1.1 Arresters, elements, gaskets, and seals must be of materials 
resistant to attack by seawater and the liquids and vapors contained in 
the tank being protected (see section 6.1.3).
    7.2 Nonmetallic materials, other than gaskets and seals, shall not 
be used in the construction of pressure retaining components of the 
flame arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustible and 
suitable for the service intended.
    7.3 Bolting materials, other than that of Section 7.1, shall be at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4 The possibility of galvanic corrosion shall be considered in the 
selection of materials.
    7.5 All other parts shall be constructed of materials suitable for 
the service intended.
    8. Other Requirements
    8.1 Flame arrester housings shall be gas tight to prevent the escape 
of vapors.
    8.2 Flame arrester elements shall fit in the housing in a manner 
that will insure tightness of metal-to-metal contacts in such a way that 
flame cannot pass between the element and the housing.
    8.2.1 The net free area through flame arrester elements shall be at 
least 1.5 times the cross-sectional area of the arrester inlet.
    8.3 Housings and elements shall be of substantial construction and 
designed for the mechanical and other loads intended during service. In 
addition, they shall be capable of withstanding the maximum and minimum 
pressures and temperatures to which the device may be exposed under both 
normal and the specified fire test conditions in section 14.
    8.4 Threaded or flanged pipe connections shall comply with the 
applicable B16 standards in ASTM F 1155 (incorporated by reference, see 
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated 
by reference, see Sec. 154.106).
    8.5 All flat joints of the housing shall be machined true and shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure retaining 
components, welded joint design details, welding and non-destructive 
testing shall be in accordance with section VIII, Division 1, of the 
ASME Code and ASTM F 722 (incorporated by reference, see Sec. 154.106). 
Welders and weld procedures shall be qualified in accordance with 
section IX of the ASME Code.
    8.7 The design of flame arresters shall allow for ease of inspection 
and removal of internal elements for replacement, cleaning or repair 
without removal of the entire device from the system.
    8.8 Flame arresters shall allow for efficient drainage of condensate 
without impairing their efficiency to prevent the passage of flame.
    8.9 All fastenings shall be protected against loosening.
    8.10 Flame arresters shall be designed and constructed to minimize 
the effect of fouling under normal operating conditions.
    8.11 Flame arresters shall be capable of operating over the full 
range of ambient air temperatures anticipated.
    8.12 End-of-line flame arresters shall be so constructed as to 
direct the efflux vertically upward.
    8.13 Flame arresters shall be of first class workmanship and free 
from imperfections which may affect their intended purpose.
    8.14 Tank vent flame arresters shall show no flame passage when 
subjected to the tests in 9.2.4.
    9. Prototype Tests
    9.1 Tests shall be conducted by an independent laboratory capable of 
performing the tests. The manufacturer, in choosing a laboratory, 
accepts that it is a qualified independent laboratory by determining 
that it has (or has access to) the apparatus, facilities, personnel, and 
calibrated instruments that are necessary to test flame arresters in 
accordance with this standard.
    9.1.1 A test report shall be prepared by the laboratory which shall 
include:
    9.1.1.1 Detailed drawings of the flame arrester and its components 
(including a parts list identifying the materials of construction).
    9.1.1.2 Types of tests conducted and results obtained.
    9.1.1.3 Specific advice on approved attachments (see section 
9.2.4.1).
    9.1.1.4 Types of gases or vapors for which the flame arrester is 
approved (see section 6.1.3).
    9.1.1.5 Drawings of the test rig.
    9.1.1.6 Record of all markings found on the tested flame arrester.
    9.1.1.7 A report number.

[[Page 376]]

    9.2 One of each model Type I and Type II flame arrester shall be 
tested. Where approval of more than one size of a flame arrester model 
is desired, the largest and smallest sizes shall be tested. A change of 
design, material, or construction which may affect the corrosion 
resistance, endurance burn, or flashback capabilities of the flame 
arrester shall be considered a change of model for the purpose of this 
paragraph.
    9.2.1 The flame arrester shall have the same dimensions, 
configuration, and the most unfavorable clearances expected in 
production units.
    9.2.2 A corrosion test shall be conducted. In this test, a complete 
arrester, including a section of pipe similar to that to which it will 
be fitted, shall be exposed to a 20% sodium chloride solution spray at a 
temperature of 25 degrees C for a period of 240 hours, and allowed to 
dry for 48 hours. Following this exposure, all movable parts shall 
operate properly and there shall be no corrosion deposits which cannot 
be washed off.
    9.2.3 Performance characteristics as declared by the manufacturer, 
such as flow rates under both positive and negative pressure, operating 
sensitivity, flow resistance, and velocity, shall be demonstrated by 
appropriate tests.
    9.2.4 Tank vent flame arresters shall be tested for endurance burn 
and flashback in accordance with the test procedures in section 14. The 
following constraints apply:
    9.2.4.1 Where a Type I flame arrester is provided with cowls, 
weather hoods and deflectors, etc., it shall be tested in each 
configuration in which it is provided.
    9.2.4.2 Type II arresters shall be specifically tested with the 
inclusion of all pipes, tees, bends, cowls, weather hoods, etc., which 
may be fitted between the arrester and the atmosphere.
    9.2.5 Devices which are provided with a heating arrangement shall 
pass the required tests at the heated temperature.
    9.2.6 After all tests are completed, the device shall be 
disassembled and examined, and no part of the device shall be damaged or 
show permanent deformation.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspector all 
reasonable facilities necessary to assure that the material is being 
furnished in accordance with this standard. All examinations and 
inspections shall be made at the place of manufacture, unless otherwise 
agreed upon.
    10.2 Each finished flame arrester shall be visually and 
dimensionally checked to ensure that the device corresponds to this 
standard, is certified in accordance with section 11 and is marked in 
accordance with section 12. Special attention shall be given to checking 
the proper fit-up of joints (see sections 8.5 and 8.6)
    11. Certification
    11.1 Manufacturer's certification that a flame arrester has been 
constructed in accordance with this standard shall be provided in an 
instruction manual. The manual shall include as applicable:
    11.1.1 Installation instructions and a description of all 
configurations tested (reference paragraph 9.2.4.1 and 9.2.4.2). 
Installation instructions to include manufacturer's recommended 
limitations based on all configurations tested.
    11.1.2 Operating instructions.
    11.1.3 Maintenance requirements.
    11.1.3.1 Instructions on how to determine when flame arrester 
cleaning is required and the method of cleaning.
    11.1.4 Copy of test report (see section 9.1.1).
    11.1.5 Flow test data, including flow rates under both positive and 
negative pressures, operating sensitivity, flow resistance, and 
velocity.
    11.1.6 The ambient air temperature range over which the device will 
effectively prevent the passage of flame. (Note: Other factors such as 
condensation and freezing of vapors should be evaluated at the time of 
equipment specification.)
    12. Marking
    12.1 Each flame arrester shall be permanently marked indicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer's designation for 
the flame arrester.
    12.1.3 Size of the inlet and outlet.
    12.1.4 Type of device (Type I or II).
    12.1.5 Direction of flow through the flame arrester.
    12.1.6 Test laboratory and report number.
    12.1.7 Lowest MESG of gases for which the flame arrester is suitable 
for.
    12.1.8 Ambient air operating temperature range.
    12.1.9 ASTM designation of this standard.
    13. Quality Assurance
    13.1 Flame arresters shall be designed, manufactured and tested in a 
manner that ensures they meet the characteristics of the unit tested in 
accordance with this standard.
    13.2 The flame arrester manufacturer shall maintain the quality of 
the flame arresters that are designed, tested and marked in accordance 
with this standard. At no time shall a flame arrester be sold with this 
standard designation that does not meet the requirements herein.
    14. Test Procedures for Flame Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids with a MESG 
greater than or equal to 0.9 mm, technical grade hexane or gasoline 
vapors shall be used for all tests in this section except technical 
grade propane may be used for the flashback test in Section 14.2. For 
vapors with a MESG less than 0.9 mm, the specific vapor (or 
alternatively, a media with a MESG less than or equal to the

[[Page 377]]

MESG of the vapor) must be used as the test medium in all section 14 
tests.
    14.1.2 Hexane, propane, gasoline and chemical vapors shall be mixed 
with air to form the most easily ignitable mixture. \5\
    14.2 Flashback Test
    14.2.1 A flashback test shall be carried out as follows:
    14.2.1.1 The test rig shall consist of an apparatus producing an 
explosive mixture, a small tank with a diaphragm, a prototype of the 
flame arrester, a plastic bag \6\ and a firing source in three positions 
(see Figure 1). \7\
    14.2.1.2 The tank, flame arrester assembly and the plastic bag 
enveloping the prototype flame arrester shall be filled so that this 
volume contains the most easily ignitable vapor/air mixture. \8\ The 
concentration of the mixture should be verified by appropriate testing 
of the gas composition in the plastic bag. Three ignition sources shall 
be installed along the axis of the bag, one close to the flame arrester, 
another as far away as possible therefrom, and the third at the midpoint 
between these two. These three sources shall be fired in succession, one 
during each of the three tests. Flame passage shall not occur during 
this test.
    14.2.1.3 If flame passage occurs, the tank diaphragm will burst and 
this will be audible and visible to the operator by the emission of a 
flame. Flame, heat and pressure sensors may be used as an alternative to 
a bursting diaphragm.
    14.3 Endurance Burn Test
    14.3.1 An endurance burning test shall be carried out as follows:
    14.3.1.1 The test rig as referred to in 14.2 may be used, without 
the plastic bag. The flame arrester shall be so installed that the 
mixture emission is vertical. In this position the mixture shall be 
ignited.
    14.3.1.2 Endurance burning shall be achieved by using the most 
easily ignitable test vapor/air mixture with the aid of a pilot flame or 
a spark igniter at the outlet. By varying the proportions of the 
flammable mixture and the flow rate, the arrester shall be heated until 
the highest obtainable temperature on the cargo tank side of the 
arrester is reached. The highest attainable temperature may be 
considered to have been reached when the rate of rise of temperature 
does not exceed 0.5 [deg]C per minute over a ten minute period. This 
temperature shall be maintained for a period of ten minutes, after which 
the flow shall be stopped and the conditions observed. If difficulty 
arises in establishing the highest attainable temperature, the following 
criteria shall apply. When the temperature appears to be approaching the 
maximum temperature, using the most severe conditions of flammable 
mixtures and flow rate, but increases at a rate in excess of 0.5 [deg]C 
per minute over a ten minute period, endurance burning shall be 
continued for a period of two hours after which the flow shall be 
stopped and the conditions observed. Flame passage shall not occur 
during this test.

    \1\ American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Dr., West Conshohocken, PA 19428-2959.
    \2\ Available from the American Society of Mechanical Engineers 
International, Three Park Avenue, New York, NY 10016-5990.
    \3\ Available from the International Maritime Organization, 4 Albert 
Embankment, London SEl 7SR, England.
    \4\ Available from the International Electrotechnical Commission, 1 
rue de Varembe, Geneva, Switzerland
    \5\ See IEC Publication 79-1.
    \6\ The dimensions of the plastic bag are dependent on those of the 
flame arrester. The plastic bag may have a circumference of 2 m, a 
length of 2.5 m and a wall thickness of .05 m.
    \7\ In order to avoid remnants of the plastic bag from falling back 
on to the flame arrester being tested after ignition of the fuel/air 
mixture, it may be useful to mount a coarse wire frame across the flame 
arrester within the plastic bag. The frame should be constructed so as 
not to interfere with the test result.
    \8\ See IEC Publication 79-1.

[[Page 378]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.014


[[Page 379]]



                              Attachment 1
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap
             Inflammable gas or vapor             ----------------------
                                                       mm         in.
------------------------------------------------------------------------
Methane..........................................       1.170      0.046
Blast furnace gas................................       1.193      0.047
Propane..........................................       0.965      0.038
Butane...........................................       1.066      0.042
Pentane..........................................       1.016      0.040
Hexane...........................................       0.965      0.038
Heptane..........................................       0.965      0.038
Iso-octane.......................................       1.040      0.041
Decane...........................................       1.016      0.040
Benzene..........................................       0.99       0.039
Xylene...........................................       1.066      0.042
Cyclohexane......................................       0.94       0.037
Acetone..........................................       1.016      0.040
Ethylene.........................................       0.71       0.028
Methyl-ethyl-ketone..............................       1.016      0.040
Carbon monoxide..................................       0.915      0.036
Methyl-acetate...................................       0.990      0.039
Ethyl-acetate....................................       1.04       0.041
Propyl-acetate...................................       1.04       0.041
Butyl-acetate....................................       1.016      0.040
Amyl-acetate.....................................       0.99       0.039
Methyl alcohol...................................       0.915      0.036
Ethyl alcohol....................................       1.016      0.040
Iso-butyl-alcohol................................       0.965      0.038
Butyl-alcohol (Normal)...........................       0.94       0.037
Amyl-alcohol.....................................       0.99       0.039
Ethyl-ether......................................       0.864      0.034
Coal gas (H2 57%)................................       0.482      0.019
Acetylene........................................      <0.025     <0.001
Carbon disulphide................................       0.203      0.008
Hydrogen.........................................       0.102      0.004
Blue water gas (H2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................      <0.025     <0.001
Ammonia..........................................    \1\3.33    \1\0.133
Ethylene oxide...................................       0.65       0.026
Ethyl nitrite....................................       0.922      0.038
------------------------------------------------------------------------
\1\Approximately.


[CGD 88-102, 55 FR 25441, June 21, 1990, as amended by USCG-1999-5832, 
64 FR 34715, June 29, 1999; USCG-2000-7223, 65 FR 40058, June 29, 2000]

   Appendix C to Part 154--Guidelines for Determining and Evaluating 
         Required Response Resources for Facility Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subpart F of 
this part. These guidelines will be used by the facility owner or 
operator in preparing the response plan and by the Captain of the Port 
(COTP) when reviewing them. Response resources identified in subparts H 
and I of this part should be selected using the guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1 All equipment identified in a response plan must be designed to 
operate in the conditions expected in the facility's geographic area. 
These conditions vary widely based on location and season. Therefore, it 
is difficult to identify a single stockpile of response equipment that 
will function effectively in each geographic location.
    2.2 Facilities handling, storing, or transporting oil in more than 
one operating environment as indicated in Table 1 of this appendix must 
identify equipment capable of successfully functioning in each operating 
environment.
    2.3 When identifying equipment for response plan credit, a facility 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix should be used for evaluating the 
operability in a given environment. These criteria reflect the general 
conditions in certain operating areas.
    2.3.1 The Coast Guard may require documentation that the boom 
identified in a response plan meets the criteria in Table 1. Absent 
acceptable documentation, the Coast Guard may require that the boom be 
tested to demonstrate that it meets the criteria in Table 1. Testing 
must be in accordance with ASTM F 715 (incorporated by reference, see 
Sec. 154.106), or other tests approved by the Coast Guard.
    2.4 Table 1 of this appendix lists criteria for oil recovery devices 
and boom. All other equipment necessary to sustain or support response 
operations in the specified operating environment must be designed to 
function in the same conditions. For example, boats which deploy or 
support skimmers or boom must be capable of being safely operated in the 
significant wave heights listed for the applicable operating 
environment.
    2.5 A facility owner or operator must refer to the applicable local 
contingency plan or ACP, as appropriate, to determine if ice, debris, 
and weather-related visibility are significant factors in evaluating the 
operability of equipment. The local contingency plan or ACP will also 
identify the average temperature ranges expected in the facility's 
operating area. All equipment identified in a response plan must be 
designed to operate within those conditions or ranges.
    2.6 The requirements of subparts F, G, H and I of this part 
establish response resource mobilization and response times. The 
distance of the facility from the storage location of the response 
resources must be used to determine whether the resources can arrive on 
scene within the stated time. A facility owner or operator shall include 
the time for notification, mobilization, and travel time of response 
resources identified to meet the maximum most probable discharge and 
Tier 1 worst case discharge response time requirements. For subparts F 
and G, tier 2 and 3 response resources must be notified and

[[Page 380]]

mobilized as necessary to meet the requirements for arrival on scene in 
accordance with Sec. Sec. 154.1045 or 154.1047 of subpart F, or Sec. 
154.1135 of subpart G, as appropriate. An on water speed of 5 knots and 
a land speed of 35 miles per hour is assumed unless the facility owner 
or operator can demonstrate otherwise.
    2.7 For subparts F and G, in identifying equipment, the facility 
owner or operator shall list the storage location, quantity, and 
manufacturer's make and model. For oil recovery devices, the effective 
daily recovery capacity, as determined using section 6 of this appendix 
must be included. For boom, the overall boom height (draft plus 
freeboard) should be included. A facility owner or operator is 
responsible for ensuring that identified boom has compatible connectors.
    2.8 For subparts H and I, in identifying equipment, the facility 
owner or operator shall list the storage location, quantity, and 
manufacturer's make and model. For boom, the overall boom height (draft 
plus freeboard) should be included. A facility owner or operator is 
responsible for ensuring that identified boom has compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1 A facility owner or operator shall identify sufficient response 
resources available, through contract or other approved means as 
described in Sec. 154.1028(a), to respond to the average most probable 
discharge. The equipment must be designed to function in the operating 
environment at the point of expected use.
    3.2 The response resources must include:
    3.2.1 1,000 feet of containment boom or two times the length of the 
largest vessel that regularly conducts oil transfers to or from the 
facility, whichever is greater, and a means deploying it available at 
the spill site within 1 hour of the discovery of a spill.
    3.2.2 Oil recovery devices with an effective daily recovery capacity 
equal to the amount of oil discharged in an average most probable 
discharge or greater available at the facility within 2 hours of the 
detection of an oil discharge.
    3.2.3 Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1 A facility owner or operator shall identify sufficient response 
resources available, by contract or other approved means as described in 
Sec. 154.1028(a), to respond to discharges up to the maximum most 
probable discharge volume for that facility. This will require response 
resources capable of containing and collecting up to 1,200 barrels of 
oil or 10 percent of the worst case discharge, whichever is less. All 
equipment identified must be designed to operate in the applicable 
operating environment specified in Table 1 of this appendix.
    4.2 Oil recovery devices identified to meet the applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 6 hours in higher volume port areas (as 
defined in 154.1020) and the Great Lakes and within 12 hours in all 
other areas.
    4.3 Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50 percent of the planning volume 
applicable for the facility as determined in section 4.1 of this 
appendix. The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4 In addition to oil recovery capacity, the plan must identify 
sufficient quantities of containment boom available, by contract or 
other approved means as described in Sec. 154.1028(a), to arrive within 
the required response times for oil collection and containment and for 
protection of fish and wildlife and sensitive environments. While the 
regulation does not set required quantities of boom for oil collection 
and containment, the response plan must identify and ensure, by contract 
or other approved means as described in Sec. 154.1028(a), the 
availability of the boom identified in the plan for this purpose.
    4.5 The plan must indicate the availability of temporary storage 
capacity to meet the guidelines of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this level, then the 
effective daily recovery capacity must be derated to the limits of the 
available storage capacity.
    4.6 The following is an example of a maximum most probable discharge 
volume planning calculation for equipment identification in a higher 
volume port area: The facility's worst case discharge volume is 20,000 
barrels. Ten percent of this is 2,000 barrels. Since this is greater 
than 1,200 barrels, 1,200 barrels is used as the planning volume. The 
effective daily recovery capacity must be 50 percent of this, or 600 
barrels per day. The ability of oil recovery devices to meet this 
capacity will be calculated using the procedures in section 6 of this 
appendix. Temporary storage capacity available on scene must equal twice 
the daily recovery rate as indicated in section 9 of this appendix, or 
1,200 barrels per day. This is the information the facility owner or 
operator will use to identify and ensure the availability of, through 
contract or other approved means as described in Sec. 154.1028(a), the 
required response resources. The facility owner will also

[[Page 381]]

need to identify how much boom is available for use.

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1 A facility owner or operator shall identify and ensure 
availability of, by contract or other approved means, as described in 
Sec. 154.1028(a), sufficient response resources to respond to the worst 
case discharge of oil to the maximum extent practicable. Section 7 of 
this appendix describes the method to determine the required response 
resources.
    5.2 Oil spill response resources identified in the response plan and 
available through contract or other approved means, as described in 
Sec. 154.1028(a), to meet the applicable worst case discharge planning 
volume must be located such that they can arrive at the scene of a 
discharge within the times specified for the applicable response tiers 
listed in Sec. 154.1045.
    5.3 The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A facility owner or operator shall identify 
the storage locations of all response resources that must be used to 
fulfill the requirements for each tier. The owner or operator of a 
facility whose required daily recovery capacity exceeds the applicable 
response capability caps in Table 5 of this appendix shall identify 
sources of additional equipment, their locations, and the arrangements 
made to obtain this equipment during a response. The owner or operator 
of a facility whose calculated planning volume exceeds the applicable 
contracting caps in Table 5 shall identify sources of additional 
equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the 
amount necessary to reach the calculated planning volume, whichever is 
lower. The resources identified above the cap must be capable of 
arriving on scene not later than the Tiers 1, 2, and 3 response times in 
Sec. 154.1045. No contract is required. While general listings of 
available response equipment may be used to identify additional sources, 
a response plan must identify the specific sources, locations, and 
quantities of equipment that a facility owner or operator has considered 
in his or her planning. When listing Coast Guard classified oil spill 
removal organization(s) which have sufficient removal capacity to 
recover the volume above the response capability cap for the specific 
facility, as specified in Table 5 of this appendix, it is not necessary 
to list specific quantities of equipment.
    5.4 A facility owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
derated to the limits of the availabile storage capacity.
    5.5 When selecting response resources necessary to meet the response 
plan requirements, the facility owner or operator must ensure that a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The following percentages of the 
on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Offshore--10 percent
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    5.6 In addition to oil spill recovery devices, a facility owner or 
operator shall identify sufficient quantities of boom that are 
available, by contract or other approved means as described in Sec. 
154.1028(a), to arrive on scene within the required response times for 
oil containment and collection. The specific quantity of boom required 
for collection and containment will depend on the specific recovery 
equipment and strategies employed. A facility owner or operator shall 
also identify sufficient quantities of oil containment boom to protect 
fish and wildlife and sensitive environments for the number of days and 
geographic areas specified in Table 2. Sections 154.1035(b)(4)(iii) and 
154.1040(a), as appropriate, shall be used to determine the amount of 
containment boom required, through contract or other approved means as 
described in Sec. 154.1028(a), to protect fish and wildlife and 
sensitive environments.
    5.7 A facility owner or operator must also identify, through 
contract or other approved means as described in Sec. 154.1028(a), the 
availability of an oil spill removal organization capable of responding 
to a shoreline cleanup operation involving the calculated volume of oil 
and emulsified oil that might impact the affected shoreline. The volume 
of oil that must be planned for is calculated through the application of 
factors contained in Tables 2 and 3. The volume calculated from these 
tables is intended to assist the facility owner or operator in 
identifying a contractor with sufficient resources and expertise. This 
planning volume is not used explicitly to determine a required amount of 
equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1 Oil recovery devices identified by a facility owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These rates must be used to determine whether there is 
sufficient capacity to meet the applicable planning critieria for the 
average most probable discharge, maximum most probable discharge, and 
worst case discharge to the maximum extent practicable.

[[Page 382]]

    6.2 For the purpose of determining the effective daily recovery 
capacity of oil recovery devices, the formula listed in section 6.2.1 of 
this appendix will be used. This method considers potential limitations 
due to available daylight, weather, sea state, and percentage of 
emulsified oil in the recovered material. The Coast Guard may assign a 
lower efficiency factor to equipment listed in a response plan if it 
determines that such a reduction is warranted.
    6.2.1 The following formula must be used to calculate the effective 
daily recovery capacity:

R=Tx24 hoursxE

R=Effective daily recovery capacity
T=Throughout rate in barrels per hour (nameplate capacity)
E=20 percent Efficiency factor (or lower factor as determined by Coast 
Guard)
    6.2.2 For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3 For belt or mop type devices, the throughput rate will be 
calculated using the speed of the belt or mop through the device, 
assumed thickness of oil adhering to or collected by the device, and 
surface area of the belt or mop. For purposes of this calculation, the 
assumed thickness of oil will be 1/4 inch.
    6.2.4 Facility owners or operators including oil recovery devices 
whose throughput is not measurable using a pump capacity or belt/mop 
speed may provide information to support an alternative method of 
calculation. This information must be submitted following the procedures 
in paragraph 6.3.2 of this appendix.
    6.3 As an alternative to 6.2, a facility owner or operator may 
submit adequate evidence that a different effective daily recovery 
capacity should be applied for a specific oil recovery device. Adequate 
evidence is actual verified performance data in spill conditions or 
tests using ASTM F 631 (incorporated by reference, see Sec. 154.106), 
or an equivalent test approved by the Coast Guard.
    6.3.1 The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R=DxU

R=Effective daily recovery capacity
D=Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F 808; 
Item 13.2.16 in ASTM F 631; or actual performance data)
U=Hours per day that a facility owner or operator can document 
capability to operate equipment under spill conditions. Ten hours per 
day must be used unless a facility owner or operator can demonstrate 
that the recovery operation can be sustained for longer periods.

    6.3.2 A facility owner or operator proposing a different effective 
daily recovery rate for use in a response plan shall provide data for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated throughput at the pump of 267 gallons per minute (gpm).

267 gpm=381 barrels per hour
R=381x24x.2=1829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recovery rate 
is determined to be 220 gpm. The facility owner of operator identifies 
sufficient response resources available to support operations 12 hours 
per day.

220 gpm=314 barrels per hour
R=314x12=3768 barrels per day

    The facility owner or operator will be able to use the higher rate 
if sufficient temporary oil storage capacity is available. 
Determinations of alternative efficiency factors under paragraph 6.2 or 
alternative effective daily recovery capacities under paragraph 6.3 of 
this appendix will be made by Commandant, (G-MOR), Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593. Response 
contractors or equipment manufacturers may submit required information 
on behalf of multiple facility owners or operators directly in lieu of 
including the request with the response plan submission.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1 The facility owner or operator shall plan for a response to a 
facility's worst case discharge. The planning for on-water recovery must 
take into account a loss of some oil to the environment due to 
evaporative and natural dissipation, potential increases in volume due 
to emulsification, and the potential for deposit of some oil on the 
shoreline.
    7.2 The following procedures must be used to calculate the planning 
volume used by a facility owner or operator for determining required on 
water recovery capacity:
    7.2.1 The following must be determined: The worst case discharge 
volume of oil in the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the facility's 
specific operating area. Facilities which handle, store, or transport 
oil from different petroleum oil groups must calculate each group 
separately. This information is to be used with Table 2 of this appendix 
to determine the percentages of the total volume to be used for removal 
capacity planning. This table divides the volume into three categories: 
Oil lost to the environment; oil deposited on the shoreline; and oil 
available for on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 3 of this appendix. 
Facilities which handle, store, or

[[Page 383]]

transport oil from different petroleum groups must assume that the oil 
group resulting in the largest on-water recovery volume will be stored 
in the tank or tanks identified as constituting the worst case 
discharge.
    7.2.3 The adjusted volume is multiplied by the on-water oil recovery 
resource mobilization favor found in Table 4 of this appendix from the 
appropriate operating area and response tier to determine the total on-
water oil recovery capacity in barrels per day that must be identified 
or contracted for to arrive on-scene with the applicable time for each 
response tier. Three tiers are specified. For higher volume port areas, 
the contracted tiers of resources must be located such that they can 
arrive on scene within 6, 30, and 54 hours of the discovery of an oil 
discharge. For all other river, inland, nearshore, offshore areas, and 
the Great Lakes, these tiers are 12, 36, and 60 hours.
    7.2.4 The resulting on-water recovery capacity in barrels per day 
for each tier must be used to identify response resources necessary to 
sustain operations in the applicable operating area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 2 of this appendix. The facility owner or operator must identify 
and ensure the availability, through contract or other approved means as 
described in Sec. 154.1028(a), of sufficient oil spill recovery devices 
to provide the effective daily recovery oil recovery capacity required. 
If the required capacity exceeds the applicable cap specified in Table 5 
of this appendix, then a facility owner or operator shall ensure, by 
contract or other approved means as described in Sec. 154.1028(a), only 
for the quantity of resources required to meet the cap, but shall 
identify sources of additional resources as indicated in Sec. 
154.1045(m). The owner or operator of a facility whose planning volume 
exceeds the cap for 1993 must make arrangements to identify and ensure 
the availability, through contract or other approved means as described 
in Sec. 154.1028(a), of the additional capacity in 1998 or 2003, as 
appropriate. For a facility that handles, stores, or transports multiple 
groups of oil, the required effective daily recovery capacity for each 
group is calculated before applying the cap.
    7.3 The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: The worst case discharge 
volume of oil for the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the operating 
area(s) in which the facility operates. For a facility storing oil from 
different groups, each group must be calculated separately. Using this 
information, Table 2 of this appendix must be used to determine the 
percentages of the total planning volume to be used for shoreline 
cleanup resource planning.
    7.3.2 The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2.
    7.3.3 The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.3.4 The following is an example of the procedure described above: 
A facility receives oil from barges via a dock located on a bay and 
transported by piping to storage tanks. The facility handles Number 6 
oil (specific gravity .96) and stores the oil in tanks where it is held 
prior to being burned in an electric generating plant. The MTR segment 
of the facility has six 18-inch diameter pipelines running one mile from 
the dock-side manifold to several storage tanks which are located in the 
non-transportation-related portion of the facility. Although the 
facility piping has a normal working pressure of 100 pounds per square 
inch, the piping has a maximum allowable working pressure (MAWP) of 150 
pounds per square inch. At MAWP, the pumping system can move 10,000 
barrels (bbls) of Number 6 oil every hour through each pipeline. The 
facility has a roving watchman who is required to drive the length of 
the piping every 2 hours when the facility is receiving oil from a 
barge. The facility operator estimates that it will take approximately 
10 minutes to secure pumping operations when a discharge is discovered. 
Using the definition of worst case discharge provided in Sec. 
154.1029(b)(ii), the following calculation is provided:

 
                                                                  bbls.
 
2 hrs + 0.17 hour x 10,000 bbls per hour......................    21,700
Piping volume = 37,322 ft \3\ / 5.6 ft \3\/bbl................    +6,664
                                                               ---------
Discharge volume per pipe.....................................    28,364
Number of pipelines...........................................        x6
                                                               ---------
Worst case discharge from MTR facility........................   170,184
 

    To calculate the planning volumes for onshore recovery:

Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil onshore recovery (from Table 2): Inland 70%
Planning volumes for onshore recovery: Inland 170,184 x.7 x 1.4 = 
166,780 bbls.

    Conclusion: The facility owner or operator must contract with a 
response resource capable of managing a 166,780 barrel shoreline 
cleanup.
    To calculate the planning volumes for on-water recovery:


[[Page 384]]


Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil on-water recovery (from Table 2): Inland 50%
Planning volumes for on-water recovery: Inland 170,184x.5x1.4 = 119,128 
bbls.

    To determine the required resources for on-water recovery for each 
tier, use the mobilization factors from Table 4:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
------------------------------------------------------------------------
Inland = 119,128 bbls........................    x .15    x .25    x .40
                                              ----------
Barrels per day (pbd)........................   17,869   29,782   47,652
------------------------------------------------------------------------

    Conclusion: Since the requirements for all tiers for inland exceed 
the caps, the facility owner will only need to contract for 10,000 bpd 
for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Sources 
for the bpd on-water recovery resources above the caps for all three 
Tiers need only be identified in the response plan.
    Twenty percent of the capability for Inland, for all tiers, must be 
capable of operating in water with a depth of 6 feet or less.
    The facility owner or operator will also be required to identify or 
ensure, by contract or other approved means as described in Sec. 
154.1028(a), sufficient response resources required under Sec. Sec. 
154.1035(b)(4) and 154.1045(k) to protect fish and wildlife and 
sensitive environments identified in the response plan for the worst 
case discharge from the facility.
    The COTP has the discretion to accept that a facility can operate 
only a limited number of the total pipelines at a dock at a time. In 
those circumstances, the worst case discharge must include the drainage 
volume from the piping normally not in use in addition to the drainage 
volume and volume of oil discharged during discovery and shut down of 
the oil discharge from the operating piping.

     8. Determining the Availability of Alternative Response Methods

    8.1 Response plans for facilities that handle, store, or transport 
Groups II or III persistent oils that operate in an area with year-round 
preapproval for dispersant use may receive credit for up to 25 percent 
of their required on-water recovery capacity for 1993 if the 
availability of these resources is ensured by contract or other approved 
means as described in Sec. 154.1028(a). For response plan credit, these 
resources must be capable of being on-scene within 12 hours of a 
discharge.
    8.2 To receive credit against any required on-water recover capacity 
a response plan must identify the locations of dispersant stockpiles, 
methods of shipping to a staging area, and appropriate aircraft, 
vessels, or facilities to apply the dispersant and monitor its 
effectiveness at the scene of an oil discharge.
    8.2.1 Sufficient volumes of dispersants must be available to treat 
the oil at the dosage rate recommended by the dispersant manufacturer. 
Dispersants identified in a response plan must be on the NCP Product 
Schedule that is maintained by the Environmental Protection Agency. 
(Some states have a list of approved dispersants and within state waters 
only they can be used.)
    8.2.2 Dispersant application equipment identified in a response plan 
for credit must be located where it can be mobilized to shoreside 
staging areas to meet the time requirements in section 8.1 of this 
appendix. Sufficient equipment capacity and sources of appropriate 
dispersants should be identified to sustain dispersant application 
operations for at least 3 days.
    8.2.3 Credit against on-water recovery capacity in preapproved areas 
will be based on the ability to treat oil at a rate equivalent to this 
credit. For example, a 2,500 barrel credit against the Tier 1 10,000 
barrel on-water cap would require the facility owner or operator to 
demonstrate the ability to treat 2,500 barrel/day of oil at the 
manufacturers recommended dosage rate. Assuming a dosage rate of 10:1, 
the plan would need to show stockpiles and sources of 250 barrels of 
dispersants at a rate of 250 barrels per day and the ability to apply 
the dispersant at that daily rate for 3 days in the geographic area in 
which the facility is located. Similar data would need to be provided 
for any additional credit against Tier 2 and 3 resources.
    8.3 In addition to the equipment and supplies required, a facility 
owner or operator shall identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
regional plans and ACPs.
    8.4 Identification of the response resources for dispersant 
application does not imply that the use of this technique will be 
authorized. Actual authorization for use during a spill response will be 
governed by the provisions of the NCP and the applicable regional plan 
or ACP. A facility owner or operator who operates a facility in areas 
with year-round preapproval of dispersant can reduce the required on-
water recovery capacity for 1993 up to 25 percent. A facility owner or 
operator may reduce the required on water recovery cap increase for 1998 
and 2003 up to 50 percent by identifying pre-approved alternative 
response methods.
    8.5 In addition to the credit identified above, a facility owner or 
operator that operates in a year-round area pre-approved for dispersant 
use may reduce their required on water recovery cap increase for 1998 
and 2003 by up to 50 percent by identifying non-mechanical methods.

[[Page 385]]

    8.6 The use of in-situ burning as a non-mechanical response method 
is still being studied. Because limitations and uncertainties remain for 
the use of this method, it may not be used to reduce required oil 
recovery capacity in 1993.

    9. Additional Equipment Necessary to Sustain Response Operations

    9.1 A facility owner or operator is responsible for ensuring that 
sufficient numbers of trained personnel and boats, aerial spotting 
aircraft, containment boom, sorbent materials, boom anchoring materials, 
and other supplies are available to sustain response operations to 
completion. All such equipment must be suitable for use with the primary 
equipment identified in the response plan. A facility owner or operator 
is not required to list these response resources, but shall certify 
their availability.
    9.2 A facility owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery rate required on scene. This temporary storage capacity may be 
reduced if a facility owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant waste, or the availability of alternative temporary storage or 
disposal locations will reduce the overall volume of oily material 
storage requirement.
    9.3 A facility owner or operator shall ensure that his or her 
planning includes the capability to arrange for disposal of recovered 
oil products. Specific disposal procedures will be addressed in the 
applicable ACP.

                       Table 1--Response Resource Operating Criteria Oil Recovery Devices
----------------------------------------------------------------------------------------------------------------
            Operating environment                           Significant wave height \1\               Sea State
----------------------------------------------------------------------------------------------------------------
Rivers and Canals............................  <=1 Foot............................................            1
Inland.......................................  <=3 feet............................................            2
Great Lakes..................................  <=4 feet............................................          2-3
Ocean........................................  <=6 feet............................................          3-4
                                                      BOOM


----------------------------------------------------------------------------------------------------------------
                                                                                    Use
                                                         -------------------------------------------------------
                      Boom property                        Rivers and
                                                             canals        Inland      Great Lakes      Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\.............................           <=1           <=3           <=4           <=6
Sea State...............................................             1             2           2-3           3-4
Boom height--in. (draft plus freeboard).................          6-18         18-42         18-42          <=42
Reserve Buoyancy to Weight Ratio........................           2:1           2:1           2:1    3:1 to 4:1
Total Tensile Strength--lbs.............................         4,500     15-20,000     15-20,000      <=20,000
Skirt Fabric Tensile Strength--lbs......................           200           300           300           500
Skirt Fabric Tear Strength--lbs.........................           100           100           100           125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the
  values listed in Table 1 for each operating environment.


                                                        Table 2--Removal Capacity Planning Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Spill location                            Rivers and canals           Nearshore/inland Great Lakes                Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Sustainability of on-water oil recovery                    3 Days                            4 Days                            6 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     %                                 %                                 %
                                                     % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on
                     Oil group                      dissipation   floating    shore   dissipation   floating    shore   dissipation   floating    shore
                                                                    oil                               oil                               oil
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Non-persistent oils.............................          80          10        10          80          20        10          95           5         /
2 Light crudes....................................          40          15        45          50          50        30          75          25         5
3 Medium crudes and fuels.........................          20          15        65          30          50        50          60          40        20
4 Heavy crudes and fuels..........................           5          20        75          10          50        70          50          40        30
--------------------------------------------------------------------------------------------------------------------------------------------------------


        Table 3--Emulsification Factors for Petroleum Oil Groups
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Non-Persistent Oil:
  Group I........................................................    1.0
Persistent Oil:
  Group II.......................................................    1.8
  Group III......................................................    2.0
  Group IV.......................................................    1.4
------------------------------------------------------------------------


[[Page 386]]


      Table 4--On Water Oil Recovery Resource Mobilization Factors
------------------------------------------------------------------------
                                                      Tier   Tier   Tier
                   Operating Area                      1      2      3
------------------------------------------------------------------------
Rivers & Canals....................................    .30    .40    .60
Inland/Nearshore/Great Lakes.......................    .15    .25    .40
Offshore...........................................    .10   .165    .21
------------------------------------------------------------------------
Note: These mobilization factors are for total response resources
  mobilized, not incremental response resources.


                               Table 5--Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
                                           Tier 1                     Tier 2                     Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
    All except rivers and        10K bbls/day.............  20K bbls/day.............  40K bbls/day/
     canals, Great Lakes.
    Great Lakes................  5K bbls/day..............  10K bbls/day.............  20K bbls/day.
    Rivers and canals..........  1,500 bbls/day...........  3,000 bbls/day...........  6,000 bbls/day.
February 18, 1998:
    All except rivers and        12.5K bbls/day...........  25K bbls/day.............  50K bbls/day.
     canals, Great Lakes.
    Great Lakes................  6.25K bbls/day...........  12.3K bbls/day...........  25K bbls/day.
    Rivers and canals..........  1,875 bbls/day...........  3,750 bbls/day...........  7,500 bbls/day.
February 18, 2003:
    All except rivers and        TBD......................  TBD......................  TBD.
     canals, Great Lakes.
    Great Lakes................  TBD......................  TBD......................  TBD.
    Rivers and canals..........  TBD......................  TBD......................  TBD.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD = To be determined.


[CGD 91-036, 61 FR 7933, Feb. 29, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-1999-5151, 64 FR 67175, Dec. 1, 1999; USCG-
2000-7223, 65 FR 40058, June 29, 2000; USCG-2005-21531, 70 FR 36349, 
June 23, 2005]

 Appendix D to Part 154--Training Elements for Oil Spill Response Plans

                               1. General

    1.1 The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing OPA 90, specifically included training as 
one of the sections required in a vessel or facility response plan. In 
reviewing submitted response plans, it has been noted that the plans 
often do not provide sufficient information in the training section of 
the plan for either the user or the reviewer of the plan. In some cases, 
plans simply state that the crew and others will be trained in their 
duties and responsibilities, with no other information being provided. 
In other plans, information is simply given that required parties will 
receive the necessary worker safety training (HAZWOPER).
    1.2 The training section of the plan need not be a detailed course 
syllabus, but it must contain sufficient information to allow the user 
and reviewer (or evaluator) to have an understanding of those areas that 
are believed to be critical. Plans should identify key skill areas and 
the training that is required to ensure that the individual identified 
will be capable of performing the duties prescribed to them. It should 
also describe how the training will be delivered to the various 
personnel. Further, this section of the plan must work in harmony with 
those sections of the plan dealing with exercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix D is not all-inclusive and is 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section of a 
facility response plan, some of the key elements that should be 
addressed are indicated in the following sections. Again, while it is 
not necessary that the comprehensive training program for the company be 
included in the response plan, it is necessary for the plan to convey 
the elements that define the program as appropriate.
    2.2 An effective spill response training program should consider and 
address the following:
    2.2.1 Notification requirements and procedures.
    2.2.2 Communication system(s) used for the notifications.
    2.2.3 Procedures to mitigate or prevent any discharge or a 
substantial threat of a

[[Page 387]]

discharge of oil resulting from failure of manifold, mechanical loading 
arm, or other transfer equipment or hoses, as appropriate;
    2.2.3.1 Tank overfill;
    2.2.3.2 Tank rupture;
    2.2.3.3 Piping rupture;
    2.2.3.4 Piping leak, both under pressure and not under pressure, if 
applicable;
    2.2.3.5 Explosion or fire;
    2.2.3.6 Equipment failure (e.g., pumping system failure, relief 
valve failure, or other general equipment relevant to operational 
activities associated with internal or external facility transfers).
    2.2.4 Procedures for transferring responsibility for direction of 
response activities from facility personnel to the spill management 
team.
    2.2.5 Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
the activate such organizations.
    2.2.6 Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.7 Familiarity with the ACP(s).
    2.2.8 Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.9 Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.10 Responsibilities and authority of the qualified individual as 
described in the facility response plan and company response 
organization.
    2.2.11 Responsibilities of designated individuals to initiate a 
response and supervise response resources.
    2.2.12 Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.13 Information on the cargoes handled by the vessel or facility, 
including familiarity with--
    2.2.13.1 Cargo material safety data sheets;
    2.2.13.2 Chemical characteristic of the cargo;
    2.2.13.3 Special handling procedures for the cargo;
    2.2.13.4 Health and safety hazards associated with the cargo; and
    2.2.13.5 Spill and firefighting procedures for cargo.
    2.2.14 Occupational Safety and Health Administration requirements 
for worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the facility response plan, some 
further considerations are noted below (these points are raised simply 
as a reminder):
    3.1 The training program should focus on training provided to 
facility personnel.
    3.2 An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring that 
training is tailored to the needs of the individuals involved in the 
program.
    3.3 An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4 The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individual 
specified in the plan.
    3.5 Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the facility response plan.
    3.6 Training may be delivered via a number of different means; 
including classroom sessions, group discussions, video tapes, self-study 
workbooks, resident training courses, on-the-job training, or other 
means as deemed appropriate to ensure proper instruction.
    3.7 New employees should complete the training program prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some facilities and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their facilities.

[CGD 91-036, 61 FR 7938, Feb. 29, 1996]



PART 155_OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS 
FOR VESSELS--Table of Contents




                            Subpart A_General

Sec.
155.100 Applicability.
155.110 Definitions.
155.120 Equivalents.
155.130 Exemptions.
155.140 Incorporation by reference.

                       Subpart B_Vessel Equipment

155.200 Definitions.

[[Page 388]]

155.205 Discharge removal equipment for vessels 400 feet or greater in 
          length.
155.210 Discharge removal equipment for vessels less than 400 feet in 
          length.
155.215 Discharge removal equipment for inland oil barges.
155.220 Discharge removal equipment for vessels carrying oil as 
          secondary cargo.
155.225 Internal cargo transfer capability.
155.230 Emergency control systems for tank barges.
155.235 Emergency towing capability for oil tankers.
155.240 Damage stability information for oil tankers and offshore oil 
          barges.
155.245 Damage stability information for inland oil barges.
155.310 Containment of oil and hazardous material cargo discharges.
155.320 Fuel oil and bulk lubricating oil discharge containment.
155.330 Oily mixture (bilge slops)/fuel oil tank ballast water 
          discharges on U.S. non-oceangoing ships.
155.350 Oily mixture (Bilge slops)/fuel oil tank ballast water 
          discharges on oceangoing ships of less than 400 gross tons.
155.360 Oily Mixture (Bilge slops) discharges on oceangoing ships of 400 
          gross tons and above but less than 10,000 gross tons, 
          excluding ships that carry ballast water in their fuel oil 
          tanks.
155.370 Oily mixture (bilge slops)/fuel oil tank ballast water 
          discharges on oceangoing ships of 10,000 gross tons and above 
          and oceangoing ships of 400 gross tons and above that carry 
          ballast water in their fuel oil tanks.
155.380 Oily-water separating equipment, bilge alarm, and bilge monitor 
          approval standards.
155.400 Platform machinery space drainage on oceangoing fixed and 
          floating drilling rigs and other platforms.
155.410 Pumping, piping and discharge requirements for U.S. non-
          oceangoing ships of 100 gross tons and above.
155.420 Pumping, piping and discharge requirements for oceangoing ships 
          of 100 gross tons and above but less than 400 gross tons.
155.430 Standard discharge connections for oceangoing ships of 400 gross 
          tons and above.
155.440 Segregation of fuel oil and ballast water on new oceangoing 
          ships of 4,000 gross tons and above, other than oil tankers, 
          and on new oceangoing oil tankers of 150 gross tons and above.
155.450 Placard.
155.470 Prohibited spaces.
155.480 Overfill devices.
155.490 Tank level or pressure monitoring devices.

    Subpart C_Transfer Personnel, Procedures, Equipment, and Records

155.700 Designation of person in charge.
155.710 Qualifications of person in charge.
155.715 Contents of letter of designation as a person-in-charge of the 
          transfer of fuel oil.
155.720 Transfer procedures.
155.730 Compliance with transfer procedures.
155.740 Availability of transfer procedures.
155.750 Contents of transfer procedures.
155.760 Amendment of transfer procedures.
155.770 Draining into bilges.
155.775 Maximum cargo level of oil.
155.780 Emergency shutdown.
155.785 Communications.
155.790 Deck lighting.
155.800 Transfer hose.
155.805 Closure devices.
155.810 Tank vessel security.
155.815 Tank vessel integrity.
155.820 Records.

                        Subpart D_Response Plans

155.1010 Purpose.
155.1015 Applicability.
155.1020 Definitions.
155.1025 Operating restrictions and interim operating authorization.
155.1026 Qualified individual and alternate qualified individual.
155.1030 General response plan requirements.
155.1035 Response plan requirements for manned vessels carrying oil as a 
          primary cargo.
155.1040 Response plan requirements for unmanned tank barges carrying 
          oil as a primary cargo.
155.1045 Response plan requirements for vessels carrying oil as a 
          secondary cargo.
155.1050 Response plan development and evaluation criteria for vessels 
          carrying groups I through IV petroleum oil as a primary cargo.
155.1052 Response plan development and evaluation criteria for vessels 
          carrying group V petroleum oil as a primary cargo.
155.1055 Training.
155.1060 Exercises.
155.1062 Inspection and maintenance of response resources.
155.1065 Procedures for plan submission, approval, requests for 
          acceptance of alternative planning criteria, and appeal.

[[Page 389]]

155.1070 Procedures for plan review, revision, amendment, and appeal.

  Subpart E_Additional Response Plan Requirements for Tankers Loading 
     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 
                            Authorization Act

155.1110 Purpose and applicability.
155.1115 Definitions.
155.1120 Operating restrictions and interim operating authorization.
155.1125 Additional response plan requirements.
155.1130 Requirements for prepositioned response equipment.
155.1135 Response plan development and evaluation criteria.
155.1145 Submission and approval procedures.
155.1150 Plan revision and amendment procedures.

 Subpart F_Response plan requirements for vessels carrying animal fats 
                  and vegetable oils as a primary cargo

155.1210 Purpose and applicability.
155.1225 Response plan submission requirements.
155.1230 Response plan development and evaluation criteria.

  Subpart G_Response Plan Requirements for Vessels Carrying Other Non-
                    Petroleum Oils as a Primary Cargo

155.2210 Purpose and applicability.
155.2225 Response plan submission requirements.
155.2230 Response plan development and evaluation criteria.

Appendix A to Part 155--Specifications for Shore Connection
Appendix B to Part 155--Determining and Evaluating Required Response 
          Resources for Vessel Response Plans
Appendix C to Part 155--Training Elements for Oil Spill Response Plans

    Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975 
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through 
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) 
are also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490, 
155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. Section 
155.490 also issued under section 4110(b) of Pub. L. 101-380.
    Note: Additional requirements for vessels carrying oil or hazardous 
materials are contained in 46 CFR parts 30 through 40, 150, 151, and 
153.



                            Subpart A_General

    Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise 
noted.



Sec. 155.100  Applicability.

    (a) Subject to the exceptions provided for in paragraph (b) and (c) 
of this section, this part applies to each ship that:
    (1) Is operated under the authority of the United States, wherever 
located; or
    (2) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) This part does not apply to:
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in non-commercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.
    (c) Section 155.480 applies to each tank vessel with a cargo 
capacity of 1,000 or more cubic meters (approximately 6,290 barrels), 
loading oil or oil reside as cargo that is operated under the authority 
of the United States, wherever located, or operated under the authority 
of a country other than the United States while in the navigable waters 
of the United States, or while at a port or terminal under the 
jurisdiction of the United States.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 62 
FR 48773, Sept. 17, 1997]



Sec. 155.110  Definitions.

    Except as specifically stated in a section, the definitions in part 
151 of this chapter, except for the word ``oil'', and in part 154 of 
this chapter, apply to this part.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994]



Sec. 155.120  Equivalents.

    (a) For ships required to be surveyed under Sec. 151.17 of this 
chapter, the Commandant may, upon receipt of a written request, allow 
any fitting, material, appliance or apparatus to be fitted

[[Page 390]]

in a ship as an alternative to that required by both MARPOL 73/78 and 
subpart B of this part if such fitting, material, appliance, or 
apparatus is at least as effective as that required by subpart B. 
Substitution of operational methods to control the discharge of oil in 
place of those design and construction features prescribed by MARPOL 73/
78 that are also prescribed by subpart B of this part is not allowed.
    (b) Any equivalent to a feature prescribed by MARPOL 73/78 that is 
authorized for a ship having an IOPP Certificate is noted on that 
Certificate.
    (c) For tank vessels required to have overfill devices installed 
under parts 155 and 156 of this chapter, the Commandant may, upon 
receipt of a written request, allow any fitting, material, appliance, or 
apparatus to be fitted in a tank vessel as an alternative to the 
required overfill device(s) that are specified in these parts if the 
proposed alternative device is at least as effective as that required in 
the regulations.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 59 
FR 53290, Oct. 21, 1994]



Sec. 155.130  Exemptions.

    (a) The Commandant grants an exemption or partial exemption from 
compliance with any requirement in this part if:
    (1) A ship operator submits a written request for an exemption via 
the COTP or OCMI thirty (30) days before operations under the exemption 
are proposed unless the COTP or OCMI authorizes a shorter time; and
    (2) It is determined from the request that:
    (i) Compliance with a specific requirement is economically or 
physically impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of protection from 
pollution; and
    (iii) The likelihood of discharges occurring as a result of the 
exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and the reasons for the exemption and proposed procedures, 
methods, or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An oceangoing ship is not given an exemption from the 
requirements of subpart B of this part unless the ship is a hydrofoil, 
air cushion vehicle or other new type of ship (near-surface craft, 
submarine craft, etc.) whose constructional features are such as to 
render the application of any of the provisions of subpart B relating to 
construction and equipment unreasonable or impractical. The construction 
and equipment of the ship must provide protection equivalent to that 
afforded by subpart B of this part against pollution, having regard to 
the service for which the ship is intended.
    (e) An exemption is granted or denied in writing. The decision of 
the Commandant is a final agency action.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.140  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard Office of Compliance (G-MOC), 2100 
Second Street SW., Washington, 20593-0001, and at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. All approved material is available from 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 National Standards Institute, Inc. (ANSI) 11 West 42nd Street, 
New York, NY 10036

[[Page 391]]



ANSI A10.14--Requirements for Safety       155.230
 Belts, Harnesses, Lanyards and Lifelines
 for Construction and Demolition Use,
 1991.
 

American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, 
West Conshohocken, PA 19428-2959

ASTM F 631-93, Standard Guide for          Appendix B.
 Collecting Skimmer Performance Data in
 Controlled Environments.
ASTM F 715-95, Standard Test Methods for   Appendix B.
 Coated Fabrics Used for Oil Spill
 Control and Storage.
ASTM F 722-82 (1993), Standard             Appendix A; Appendix B.
 Specification for Welded Joints for
 Shipboard Piping Systems.
 

International Maritime Organization (IMO)Publications Section, 4 Albert 
Embankment, London SE1 75R, United Kingdom, Telex 23588.

Resolution A.535(13), Recommendations on   155.235
 Emergency Towing Requirements for
 Tankers, November 17, 1983.
Resolution MSC.35(63), Adoption of         155.235
 Guidelines for Emergency Towing
 Arrangement on Tankers, May 20, 1994.
 

Oil Companies International Marine Forum (OCIMF) 15th Floor, 96 Victoria 
Street, London SW1E 5JW England.

Ship to Ship Transfer Guide (Petroleum),   155.1035
 Second Edition, 1988.
 


[CGD 91-034, 58 FR 7424, Feb. 5, 1993, as amended by CGD 90-068, 58 FR 
67995, Dec. 22, 1993; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 95-
028, 62 FR 51194, Sept. 30, 1997; USCG-1998-4443, 63 FR 71763, Dec. 30, 
1998; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; 69 FR 18803, Apr. 9, 
2004]



                       Subpart B_Vessel Equipment

    Source: CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless otherwise 
noted.



Sec. 155.200  Definitions.

    As used in this subpart:
    Inland oil barge means a tank barge carrying oil in bulk as cargo 
certificated by the Coast Guard under 46 CFR chapter I, subchapter D for 
river or canal service or lakes, bays, and sounds service.
    On-deck spill means a discharge of oil on the deck of a vessel 
during loading, unloading, transfer, or other shipboard operations. An 
on-deck spill could result from a leaking fitting, an overfill, a bad 
connection, or similar operational mishap. The term on-deck spill is 
used to differentiate these operational discharges from those caused by 
collision or grounding where the hull is punctured and a tank is 
ruptured, resulting in an uncontrolled discharge of oil into the marine 
environment.
    Offshore oil barge means a tank barge carrying oil in bulk as cargo, 
including dual-mode integrated tug-barges, certificated by the Coast 
Guard under 46 CFR chapter I, subchapter D, for navigation in waters 
outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or 
the Gulf of Mexico; any tank barge in Great Lakes service; or any 
foreign flag tank barge.
    Oil tanker means a self-propelled vessel carrying oil in bulk as 
cargo, including integrated tug-barges designed for push-mode operation.
    Sea state 5, the equivalent of Beaufort number or force 6, is a sea 
condition with winds speeds of 22 to 27 knots and classified as ``strong 
breeze'', and with waves measuring 2.5 to 4 meters in height and 
classified as ``rough''.
    Vessel carrying oil as secondary cargo means a vessel carrying oil 
pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46 
CFR 90.05-35 or pursuant to an International Oil Pollution Prevention 
(IOPP) or Noxious Liquid Substance (NLS) certificate required by 
Sec. Sec. 151.33 or 151.35 of this chapter; or any uninspected vessel 
that carries oil in bulk as cargo.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-2001-9046, 
67 FR 58524, Sept. 17, 2002]



Sec. 155.205  Discharge removal equipment for vessels 400 feet or 
greater in length.

    (a) Oil tankers and offshore oil barges with an overall length of 
400 feet or more must carry appropriate equipment and supplies for the 
containment and removal of on-deck oil cargo spills of at least 12 
barrels.
    (b) The equipment and supplies must include--

[[Page 392]]

    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.210  Discharge removal equipment for vessels less than 400 
feet in length.

    (a) Oil tankers and offshore oil barges with an overall length of 
less than 400 feet must carry appropriate equipment and supplies for the 
containment and removal of on-deck oil spills of at least 7 barrels.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.215  Discharge removal equipment for inland oil barges.

    (a) During cargo transfer operations, inland oil barges must have 
appropriate equipment and supplies ready for immediate use to control 
and remove on-deck oil cargo spills of at least one barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing.
    (c) The oil barge owner or operator may rely on equipment available 
at the transfer facility receiving from or discharging to the barge, 
provided the barge owner or operator has prearranged for the use of the 
equipment by contract or other means approved by the Coast Guard.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.220  Discharge removal equipment for vessels carrying oil as 
secondary cargo.

    (a) Vessels carrying oil as secondary cargo must carry appropriate 
equipment and supplies for the containment and removal of on-deck oil 
cargo spills of at least one-half barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing
    (c) The equipment and supplies must be ready for immediate use 
during cargo transfer operations.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.225  Internal cargo transfer capability.

    Oil tankers and offshore oil barges must carry suitable hoses and 
reducers for internal transfer of cargo to tanks or other spaces within 
the cargo block, unless the vessel's installed cargo piping system is 
capable of performing this function.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.230  Emergency control systems for tank barges.

    (a) Application. This section does not apply to foreign vessels 
engaged in innocent passage (that is, neither entering nor leaving a 
U.S. port); it applies

[[Page 393]]

to tank barges and vessels towing them on the following waters:
    (1) On the territorial sea of the U.S. [as defined in Presidential 
Proclamation 5928 of December 27, 1988, it is the belt of waters 12 
nautical miles wide with its shoreward boundary the baseline of the 
territorial sea], unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's coastwise route is restricted, on its certificate 
of inspection (COI), so the barge may operate ``in fair weather only, 
within 20 miles of shore,'' or with words to that effect. The Officer in 
Charge, Marine Inspection, may define ``fair weather'' on the COI.
    (2) In Great Lakes service unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's route is restricted, on its certificate of 
inspection (COI), so the barge may operate ``in fair weather only, 
within 5 miles of a harbor,'' or with words to that effect. The Officer 
in Charge, Marine Inspection, may define ``fair weather'' on the COI.
    (3) On Long Island Sound. For the purposes of this section, Long 
Island Sound comprises the waters between the baseline of the 
territorial sea on the eastern end (from Watch Hill Point, Rhode Island, 
to Montauk Point, Long Island) and a line drawn north and south from 
Premium Point, New York (about 40[deg]54.5[min] N, 73[deg]45.5[min] W), 
to Hewlett Point, Long Island (about 40[deg]50.5[min] N, 
73[deg]45.3[min] W), on the western end.
    (4) In the Strait of Juan de Fuca.
    (5) On the waters of Admiralty Inlet north of Marrowstone Point 
(approximately 48[deg]06[min] N, 122[deg]41[min] W).
    (b) Safety program. If you are the owner or operator of a single-
hull tank barge or of a vessel towing it, you must adequately man and 
equip either the barge or the vessel towing it so the crew can arrest 
the barge by employing Measure 1, described in paragraph (b)(1) of this 
section. Moreover, the crew must be able to arrest or retrieve the barge 
by employing either Measure 2 or Measure 3, described in paragraphs 
(b)(2) and (3) of this section, respectively. If you are the owner or 
operator of a double-hull tank barge, you must adequately equip it and 
train its crew or, if it is unmanned, train the crew of the vessel 
towing it, so the crew can retrieve the barge by employing Measure 2 
described in paragraph (b)(2) of this section.
    (1) Measure 1. Each single-hull tank barge, whether manned or 
unmanned, must be equipped with an operable anchoring system that 
conforms to 46 CFR 32.15-15; except that, for barges operating only on 
the West Coast of the U.S., a system comprising heavy surge gear and 
bridle legs may serve instead of the anchoring system. Because these 
systems will also serve as emergency control systems, the owner or 
operator must ensure that they meet the following criteria:
    (i) Operation and performance. When the barge is underway--
    (A) The system is ready for immediate use;
    (B) No more than two crewmembers are needed to operate the system 
and anchor the barge or arrest its movement;
    (C) While preparing to anchor the barge or arrest its movement, the 
operator of the system should confer with the master or mate of the 
towing vessel regarding appropriate length of cable or chain to use; and
    (D) Each operator of the system should wear a safety belt or harness 
secured by a lanyard to a lifeline, drop line, or fixed structure such 
as a welded padeye, if the sea or the weather warrants this precaution. 
Each safety belt, harness, lanyard, lifeline, and drop line must meet 
the specifications of ANSI A10.14.
    (ii) Maintenance and inspections. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
system is ready for immediate use, and must include a visual inspection 
of the equipment that comprises the system in accordance with the 
manufacturer's recommendations. The inspection must also verify that the 
system is being maintained in accordance with the manufacturer's 
recommendations. The inspection need not include actual demonstration of 
the operation of the equipment or system.

[[Page 394]]

    (iii) Training. On each manned barge, every crewmember must be 
thoroughly familiar with the operation of the system. On each vessel 
towing an unmanned barge, every deck crewmember must be thoroughly 
familiar with the operation of the system installed on the barge. If 
during the last 12 months the system was not used to anchor or arrest 
the movement of the barge, then a drill on the use of the system must be 
conducted within the next month. The drill need not involve actual 
deployment of the system. However, it must allow every participant to 
demonstrate the competencies (that is, the knowledge, skills, and 
abilities) needed to ensure that everyone assigned a duty in anchoring 
or arresting the movement of the barge is ready to do his or her duty.
    (2) Measure 2. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you must have installed an emergency retrieval 
system or some other measure acceptable to the Coast Guard, as provided 
in paragraph (b)(3) of this section. Any such system must meet the 
following criteria:
    (i) Design. The system must use an emergency towline with at least 
the same pulling strength as required of the primary towline. The 
emergency towline must be readily available on either the barge or the 
vessel towing it. The towing vessel must have on board equipment to 
regain control of the barge and continue towing (using the emergency 
towline), without having to place personnel on board the barge.
    (ii) Operation and performance. The system must use a stowage 
arrangement that ensures the readiness of the emergency towline and the 
availability of all retrieval equipment for immediate use in an 
emergency whenever the barge is being towed astern.
    (iii) Maintenance and inspection. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
emergency retrieval system is ready for immediate use, and must include 
a visual inspection of the equipment that comprises the system in 
accordance with the manufacturer's recommendations. The inspection must 
also verify that the system is being maintained in accordance with the 
manufacturer's recommendations. The inspection need not include actual 
demonstration of the operation of the equipment or system. Details 
concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and 
Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are 
available online at http://www.uscg.mil/hq/g-m/nvic/index.htm.
    (iv) Training. Barge-retrieval drills must take place annually, and 
not more than one month after a master or mate responsible for 
supervising barge retrieval begins employment on a vessel that tows tank 
barges.
    (A) Each drill must allow every participant to demonstrate the 
competencies (that is, the knowledge, skills, and abilities) needed to 
ensure that everyone assigned a duty in barge retrieval is ready to do 
his or her part to regain control of a drifting barge.
    (B) If the drill includes actual operation of a retrieval system, it 
must be conducted under the supervision of the master or mate 
responsible for retrieval, and preferably in open waters free from 
navigational hazards so as to minimize risk to personnel and the 
environment.
    (3) Measure 3. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you may use an alternative measure or system fit 
for retrieving a barge or arresting its movement as a substitute for 
Measure 2, described in paragraph (b)(2) of this section. Before you use 
such a measure or system, however, it must receive the approval of the 
Commandant (G-MSE). It will receive this approval if it provides 
protection against grounding of the tank vessel comparable to that 
provided by one of the other two measures described in this section.

[USCG-1998-4443, 65 FR 31811, May 19, 2000]



Sec. 155.235  Emergency towing capability for oil tankers.

    An emergency towing arrangement shall be fitted at both ends on 
board all oil tankers of not less than 20,000 deadweight tons (dwt), 
constructed on or after September 30, 1997. For oil tankers constructed 
before September 30,

[[Page 395]]

1997, such an arrangement shall be fitted at the first scheduled dry-
docking, but not later than January 1, 1999. The design and construction 
of the towing arrangement shall be in accordance with IMO resolution 
MSC.35(63).

[CGD 95-028, 62 FR 51194, Sept. 30, 1997]



Sec. 155.240  Damage stability information for oil tankers and offshore 
oil barges.

    (a) Owners or operators of oil tankers and offshore oil barges shall 
ensure that their vessels have prearranged, prompt access to 
computerized, shore-based damage stability and residual structural 
strength calculation programs.
    (b) Vessel baseline strength and stability characteristics must be 
pre-entered into such programs and be consistent with the vessel's 
existing configuration.
    (c) Access to the shore-based calculation program must be available 
24 hours a day.
    (d) At a minimum, the program must facilitate calculation of the 
following:
    (1) Residual hull girder strength based on the reported extent of 
damage.
    (2) Residual stability when the vessel's compartments are breached.
    (3) The most favorable off-loading, ballasting, or cargo transfer 
sequences to improve residual stability, reduce hull girder stresses, 
and reduce ground-force reaction.
    (4) The bending and shear stresses caused by pinnacle loads from 
grounding or stranding.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.245  Damage stability information for inland oil barges.

    (a) Owners or operators of inland oil barges shall ensure that the 
vessel plans necessary to perform salvage, stability, and residual hull 
strength assessments are maintained at a shore-based location.
    (b) Access to the plans must be available 24 hours a day.

[CGD 90-068, 58 FR 67997, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.310  Containment of oil and hazardous material cargo discharges.

    (a) A tank vessel with a capacity of 250 or more barrels that is 
carrying oil or hazardous material as cargo must have--
    (1) Under or around each loading manifold and each transfer 
connection point, a fixed container or enclosed deck area that, in all 
conditions of ship list or trim encountered during the loading 
operation, has a capacity of at least:
    (i) One half barrel if it serves one or more hoses with an inside 
diameter of 2 inches or less, or one or more loading arms with a nominal 
pipe size diameter of 2 inches or less;
    (ii) One barrel if it serves one or more hoses with an inside 
diameter of more than 2 inches but less than 4 inches, or one or more 
loading arms with a nominal pipe size diameter of more than 2 inches but 
less than 4 inches;
    (iii) Two barrels if it serves one or more hoses with an inside 
diameter of 4 inches or more, but less than 6 inches, or one or more 
loading arms with a nominal pipe size diameter of 4 inches or more, but 
less than 6 inches;
    (iv) Three barrels if it serves one or more hoses with an inside 
diameter of 6 inches or more, but less than 12 inches, or one or more 
loading arms with a nominal pipe size diameter of 6 inches or more, but 
less than 12 inches; or
    (v) Four barrels if it serves one or more hoses with an inside 
diameter of 12 inches or more, or one or more loading arms with a 
nominal pipe size diameter of 12 inches or more;
    (2) A means of draining or removing discharged oil or hazardous 
material from each container or enclosed deck area without discharging 
the oil or hazardous material into the water; and
    (3) A mechanical means of closing each drain and scupper in the 
container or enclosed deck area required by this section.
    (b) An offshore tank barge with a cargo capacity of 250 or more 
barrels that is carrying hazardous material as cargo and an inland tank 
barge with the capacity of 250 or more barrels that is carrying oil or a 
hazardous material as cargo must meet paragraph (a) of this section or 
be equipped with--

[[Page 396]]

    (1) A coaming, at least 4 inches high but not more than 8 inches 
high, enclosing the immediate area of the cargo hatches, loading 
manifolds, and transfer connections, that has a capacity, in all 
conditions of vessel list and trim to be encountered during the loading 
operation, of at least one-half barrel per hatch, manifold, and 
connection within the enclosed area;
    (2) A fixed or portable container under each loading manifold and 
each transfer connection within the coaming, that holds at least one-
half barrel;
    (3) A mechanical means of closing each drain and scupper within the 
coaming; and
    (4) A means of draining or removing discharged oil or hazardous 
material from the fixed or portable container and from within the 
coamings without discharging the oil or hazardous material into the 
water.
    (c) All oil tankers and offshore oil barges with a cargo capacity of 
250 or more barrels must have peripheral coamings, including port and 
starboard coamings and forward and aft athwartships coamings, completely 
enclosing the cargo deck area, cargo hatches, manifolds, transfer 
connections, and any other openings where cargo may overflow or leak.
    (1) Coamings must be at least 4 inches high except in the aft 
corners.
    (2) In the aft corners (port and starboard) of a vessel, the 
coamings must be at least 8 inches high and extend--
    (i) Forward at least 14 feet from each corner; and
    (ii) Inboard at least 8 feet from each corner.
    (3) Each area enclosed by the coaming required under this paragraph 
must have--
    (i) A means of draining or removing oil from the enclosed deck area 
without discharging oil into the water; and
    (ii) A mechanical means of closing each drain and scupper in the 
enclosed deck-area.
    (4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or 
other barrier required in 46 CFR 32.56-15 may serve as the aft 
athwartships coaming if the tankship is otherwise in compliance with the 
requirements of this section.
    (d) In addition to the requirements of paragraphs (a) and (b) of 
this section, an offshore oil barge with a cargo capacity of 250 or more 
barrels must have--
    (1) A fixed or portable container that holds at least one-half 
barrel under each oil loading manifold and each oil transfer connection 
within the coaming;
    (2) A mechanical means of closing each drain and scupper within the 
coaming; and
    (3) A means of draining or removing discharged oil from the fixed or 
portable container and from within the coaming without discharging the 
oil into the water.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990; CGD 90-068, 58 FR 67997, Dec. 22, 1993; USCG-1998-
3799, 63 FR 35531, June 30, 1998]



Sec. 155.320  Fuel oil and bulk lubricating oil discharge containment.

    (a) A ship of 300 gross tons or more constructed after June 30, 1974 
must have a fixed container or enclosed deck area under or around each 
fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe, 
that:
    (1) For a ship of 300 or more but less than 1600 gross tons has a 
capacity of at least one-half barrel; and
    (2) For a ship of 1600 or more gross tons has a capacity of one 
barrel.
    (b) A ship of 100 gross tons or more constructed before July 1, 
1974, and a ship of 100 or more but less than 300 gross tons constructed 
after June 30, 1974 must:
    (1) Meet paragraph (a)(1) of this section; or
    (2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, 
and fill pipe during oil transfer operations with a portable container 
of at least a 5 U.S. gallon capacity; or
    (3) If the ship has a fill fitting for which containment is 
impractical, use an automatic back pressure shut-off nozzle.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[[Page 397]]



Sec. 155.330  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on U.S. non-oceangoing ships.

    (a) No person may operate a U.S. non-oceangoing ship in the 
navigable waters of the United States, unless it has the capacity to 
retain on board all oily mixtures and is equipped to discharge these 
oily mixtures to a reception facility.
    (b) A U.S. non-oceangoing ship may retain all oily mixtures on board 
in the ship's bilges. An oil residue (sludge) tank is not required.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55571, Nov. 2, 2001]



Sec. 155.350  Oily mixture (Bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of less than 400 gross tons.

    (a) No person may operate an oceangoing ship of less than 400 gross 
tons, unless it either:
    (1) Has the capacity to retain on board all oily mixtures and is 
equipped to discharge these oily mixtures to a reception facility; or
    (2) Has approved oily-water separating equipment for processing oily 
mixtures from bilges or fuel oil tank ballast and discharges into the 
sea according to Sec. 151.10 of this chapter.
    (b) An oceangoing ship of less than 400 gross tons may retain all 
oily mixtures on board in the ship's bilges. An oil residue (sludge) 
tank is not required.
    (c) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (d) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 
2001]



Sec. 155.360  Oily Mixture (Bilge slops) discharges on oceangoing 

ships of 400 gross tons and above but less than 10,000 gross tons, 
excluding ships that carry 
          ballast water in their fuel oil tanks.

    (a) No person may operate an oceangoing ship of 400 gross tons and 
above but less than 10,000 gross tons, excluding a ship that carries 
ballast water in its fuel oil tanks, unless it is fitted with approved 
15 parts per million (ppm) oily-water separating equipment for the 
processing of oily mixtures from bilges or fuel oil tank ballast.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oil 
residue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oily residues to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46 CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for 
isolation between oil and bilge systems.
    (c) No person may operate a ship unless it is equipped with a 
pipeline to discharge oily mixtures to a reception facility.
    (d) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]



Sec. 155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 

discharges on oceangoing ships of 10,000 gross tons and above and 
oceangoing ships of 400 
          gross tons and above that carry ballast water in their fuel 
          oil tanks.

    (a) No person may operate an oceangoing ship of 10,000 gross tons 
and above, or any oceangoing ship of 400

[[Page 398]]

gross tons and above, that carries ballast water in its fuel oil tanks, 
unless it has--
    (1) Approved 15 ppm oily-water separating equipment for the 
processing of oily mixtures from bilges or fuel oil tank ballast;
    (2) A bilge alarm; and
    (3) A means for automatically stopping any discharge of oily mixture 
when the oil content in the effluent exceeds 15 ppm.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oil 
residue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oil residue to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46 CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for 
isolation between oil and bilge systems.
    (c) No person may operate a ship under this section unless it is 
equipped with a pipeline to discharge oily mixtures to a reception 
facility.
    (d) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).

(Approved by the Office of Management and Budget under control number 
2115-0025)

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]



Sec. 155.380  Oily-water separating equipment, bilge alarm, and bilge 
monitor approval standards.

    (a) On U.S. inspected ships, oily-water separating equipment, bilge 
alarms, and bilge monitors must be approved under 46 CFR 162.050.
    (b) On U.S. uninspected ships and foreign ships, oily-water 
separating equipment, bilge alarms, and bilge monitors must be approved 
under 46 CFR 162.050 or be listed in the current International Maritime 
Organization (IMO) Marine Environment Protection Committee (MEPC) 
Circular summary of MARPOL 73/78 approved equipment.
    (c) A ship that is required to have a bilge alarm may have a bilge 
monitor installed in its place.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.400  Platform machinery space drainage on oceangoing fixed 
and floating drilling rigs and other platforms.

    (a) No person may operate an oceangoing fixed or floating drilling 
rig or other platform unless it either--
    (1) Complies with the oily-water separating equipment requirements 
of a valid National Pollutant Discharge Elimination System (NPDES) 
permit issued in accordance with section 402 of the Clean Water Act and 
40 CFR Chapter I;
    (2) Complies with the oily-water separating equipment requirements 
for oceangoing ships of 400 gross tons and above as set forth in either 
Sec. 155.360 or Sec. 155.370; or
    (3) Is not equipped with an installed bilge pumping system for 
discharge of oily mixtures from platform machinery spaces into the sea 
and has the capacity to retain on board all of these oily mixtures and 
is equipped to discharge these mixtures for transport to a reception 
facility.
    (b) When an oceangoing fixed or floating drilling rig or other 
platform is in a special area, is not proceeding en route, or is within 
12 nautical miles of the nearest land; it must either--
    (1) Have the capacity to retain on board all machinery space oily 
mixtures from platform machinery space drainage and be equipped to 
discharge these mixtures for transport to a reception facility; or
    (2) Discharge in accordance with Sec. 151.10 (b)(3), (b)(4), and 
(b)(5) of this chapter, provided the drilling rig or platform is not 
within a special area.
    (c) Paragraph (b) of this section does not apply to a fixed or 
floating drilling

[[Page 399]]

rig or other platform that is operating under an NPDES permit.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 94-056, 60 FR 43378, Aug. 21, 1995; USCG-1998-
3799, 63 FR 35531, June 30, 1998]



Sec. 155.410  Pumping, piping and discharge requirements for 
non-oceangoing ships of 100 gross tons and above.

    (a) No person may operate a non-oceangoing ship of 100 gross tons 
and above that is fitted with main or auxiliary machinery spaces in the 
navigable waters of the United States unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least one 
outlet that is accessible from the weather deck;
    (3) Each outlet required by this section has a shore connection that 
is compatible with reception facilities in the ship's area of operation; 
and
    (4) The ship has a stop valve for each outlet required by this 
section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.420  Pumping, piping and discharge requirements for oceangoing 
ships of 100 gross tons and above but less than 400 gross tons.

    (a) No person may operate an oceangoing ship of 100 gross tons and 
above but less than 400 gross tons that is fitted with main or auxiliary 
machinery spaces unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least one 
outlet accessible from the weather deck;
    (3) For a ship on an international voyage, the outlet required by 
this section has a shore connection that meets the specifications in 
Sec. 155.430, or the ship has at least one adapter that meets the 
specifications in Sec. 155.430 and fits the required outlets;
    (4) For a ship not on an international voyage, the outlet required 
by this section has a shore connection that is compatible with reception 
facilities in the ship's area of operation;
    (5) The ship has a means on the weather deck near the discharge 
outlet to stop each pump that is used to discharge oily mixtures; and
    (6) The ship has a stop valve installed for each outlet required by 
this section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.430  Standard discharge connections for oceangoing ships of 
400 gross tons and above.

    (a) All oceangoing ships of 400 gross tons and above must have a 
standard shore connection for reception facilities to discharge oily 
mixtures from machinery space bilges or ballast water containing an oily 
mixture from fuel oil tanks. The discharge connection must have the 
following dimensions:
    (1) Outside diameter=215 millimeters (mm).
    (2) Inner diameter=according to pipe outside diameter.
    (3) Bolt circle diameter=183 mm.
    (4) Slots in flange=6 holes 22 mm in diameter equidistantly placed 
on a bolt circle of the above diameter, slotted to the flange periphery. 
The slot width to be 22 mm.
    (5) Flange thickness=20 mm.
    (6) Bolts and nuts, quantity and number=6 each of 20 mm in diameter 
and of suitable length.
    (b) A portable adapter that meets the specifications of paragraph 
(a) of this section and that fits the discharge

[[Page 400]]

shore connection, for the discharge of oily wastes from machinery space 
bilges may be substituted for the standard discharge connection 
requirement of paragraph (a) of this section.
    (c) The flange must be designed to accept pipes up to a maximum 
internal diameter of 125 mm and shall be of steel or other equivalent 
material having a flat face. This flange, together with a gasket of 
oilproof material, must be suitable for a service pressure of 6 
kilograms/square centimeters (kg/cm\2\).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.440  Segregation of fuel oil and ballast water on new oceangoing 

ships of 4,000 gross tons and above, other than oil tankers, and on new 
oceangoing 
          oil tankers of 150 gross tons and above.

    (a) Except as provided for in paragraph (b) of this section, in new 
oceangoing ships of 4,000 gross tons and above other than oil tankers, 
and in new oceangoing oil tankers of 150 gross tons and above, ballast 
water must not be carried in any fuel oil tank.
    (b) Where abnormal conditions or the need to carry large quantities 
of fuel oil render it necessary to carry ballast water that is not a 
clean ballast in any fuel oil tank, that ballast water must be 
discharged to reception facilities or into the sea in compliance with 
Part 151 of this chapter using the equipment specified in Sec. 155.370, 
and an entry shall be made in the Oil Record Book to this effect.

(Approved by the Office of Management and Budget under control number 
2115-0025)



Sec. 155.450  Placard.

    (a) A ship, except a ship of less than 26 feet in length, must have 
a placard of at least 5 by 8 inches, made of durable material fixed in a 
conspicuous place in each machinery space, or at the bilge and ballast 
pump control station, stating the following:

                       Discharge of Oil Prohibited

    The Federal Water Pollution Control Act prohibits the discharge of 
oil or oily waste into or upon the navigable waters of the United 
States, or the waters of the contiguous zone, or which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
management authority of the United States, if such discharge causes a 
film or discoloration of the surface of the water or causes a sludge or 
emulsion beneath the surface of the water. Violators are subject to 
substantial civil penalties and/or criminal sanctions including fines 
and imprisonment.

    (b) Existing stocks of placards may be used for the life of the 
placard.
    (c) The placard required by paragraph (a) or (b) of this section 
must be printed in the language or languages understood by the crew.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 93-054, 58 FR 
62262, Nov. 26, 1993]



Sec. 155.470  Prohibited spaces.

    (a) In a ship of 400 gross tons and above, for which the building 
contract is placed after January 1, 1982 or, in the absence of a 
building contract, the keel of which is laid or which is at a similar 
stage of construction after July 1, 1982, oil or hazardous material must 
not be carried in a forepeak tank or a tank forward of the collision 
bulkhead.
    (b) A self-propelled ship of 300 gross tons and above, to which 
paragraph (a) of this section does not apply, may not carry bulk oil or 
hazardous material in any space forward of a collision bulkhead except:
    (1) For a ship constructed after June 30, 1974, fuel oil for use on 
the ship may be carried in tanks forward of a collision bulkhead, if 
such tanks are at least 24 inches inboard of the hull structure; or
    (2) For a ship constructed before July 1, 1974, fuel oil for use on 
the ship may be carried in tanks forward of a collision bulkhead, if 
such tanks were designated, installed, or constructed for fuel oil 
carriage before July 1, 1974.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.480  Overfill devices.

    (a) For the purposes of this section, ``oil'' has the same 
definition as provided in Sec. 151.05 of this chapter.
    (b) Each tank vessel with a cargo capacity of 1,000 or more cubic 
meters (approximately 6,290 barrels), loading oil or oil residue as 
cargo, must have

[[Page 401]]

one overfill device that is permanently installed on each cargo tank and 
meets the requirements of this section.
    (1) On a tankship, each cargo tank must be equipped with an overfill 
device (including an independent audible alarm or visible indicator for 
that tank) that meets the requirements for tank overfill alarms under 46 
CFR 39.20-7(b)(2) and (3), and (d)(1) through (d)(4).
    (2) On a tank barge, each cargo tank must be equipped with an 
overfill device that--
    (i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3) and 
(d)(1) through (d)(4), and 46 CFR 39.20-9(a)(1) through (a)(3);
    (ii) Is an installed automatic shutdown system that meets the 
requirements of 46 CFR 39.20-9(b); or
    (iii) Is an installed high level indicating device that meets the 
requirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3).
    (c) Each cargo tank of a U.S. flag tank vessel must have installed 
on it an overfill device meeting the requirements of this section at the 
next scheduled cargo tank internal examination performed on the vessel 
under 46 CFR 31.10-21.
    (d) Each cargo tank of a foreign flag tank vessel must have 
installed on it an overfill device--
    (1) At the first survey that includes dry docking, as required by 
the vessel's flag administration, to meet the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, as amended, or the 
International Load Line Convention of 1966; or
    (2) At the first cargo tank internal examination performed on the 
tank vessel under 46 CFR 31.10-21.
    (e) This section does not apply to a tank vessel that does not meet 
the double hull requirements of Sec. 157.10d of this chapter and, under 
46 U.S.C. 3703a(c), may not operate in the navigable waters or Exclusive 
Economic Zone of the United States after January 1, 2000.
    (f) This section does not apply to tank vessels that carry asphalt, 
animal fat, or vegetable oil as their only cargo.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994, as amended by CGD 90-071a, 62 
FR 48773, Sept. 17, 1997]



Sec. 155.490  Tank level or pressure monitoring devices.

    (a) Applicability. The tank level or pressure monitoring (TLPM) 
device requirements of this section apply to--
    (1) U.S.-flag single-hull tank vessels carrying oil or oil residue 
as cargo; and
    (2) Foreign-flag single-hull tank vessels carrying oil or oil 
residue as cargo when operating in the navigable waters of the United 
States and the exclusive economic zone (EEZ) when bound to or from a 
port or place in the United States.
    (b) By October 17, 2007, each vessel required under paragraph (a) of 
this section to meet the requirements of this section, must have a tank 
level or pressure monitoring device that is permanently installed on 
each cargo tank and meets the requirements of this section.
    (c) Each device must meet the following requirements:
    (1) Be intrinsically safe as per 46 CFR 111.105;
    (2) Indicate any loss of power or failure of the tank level or 
pressure monitoring device and monitor the condition of the alarm 
circuitry and sensor by an electronic self-testing feature;
    (3) Alarm at or before the cargo in the cargo tank either increases 
or decreases by a level of one percent from the cargo quantity in the 
tank after securing cargo transfer operations;
    (4) Operate in conditions up to sea state 5, moisture, and varying 
weather conditions; and
    (5) Have audible and visual alarm indicators which are distinctly 
identifiable as cargo tank level or pressure monitoring alarms that can 
be seen and heard on the navigation bridge of the tank ship or towing 
vessel and on the cargo deck area.
    (d) Double-hull tank vessels are exempt from the requirements of 
this section.
    (e) This section does not apply to tank vessels that carry asphalt 
as their only cargo.

[USCG-2001-9046, 67 FR 58524, Sept. 17, 2002]

[[Page 402]]



    Subpart C_Transfer Personnel, Procedures, Equipment, and Records



Sec. 155.700  Designation of person in charge.

    Each operator or agent of a vessel with a capacity of 250 or more 
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as 
regulated in Table 4 of 46 CFR part 154, or each person who arranges for 
and hires a person to be in charge of a transfer of fuel oil, of a 
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall 
designate, either by name or by position in the crew, the person in 
charge (PIC) of each transfer to or from the vessel and of each tank-
cleaning.

[CGD 79-116, 62 FR 25126, May 8, 1997]



Sec. 155.710  Qualifications of person in charge.

    (a) On each tankship required to be documented under the laws of the 
United States, the operator or agent of the vessel, or the person who 
arranges and hires a person to be in charge either of a transfer of 
liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or 
her satisfaction that each person designated as a PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the Crude-Oil Washing 
(COW), inert-gas, and vapor-control systems--to safely conduct a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
license issued under 46 CFR part 10 authorizing service aboard a vessel 
certified for voyages beyond any Boundary Line described in 46 CFR part 
7, except on tankships or self-propelled tank vessels not certified for 
voyages beyond the Boundary Line; and
    (3) Except as provided in paragraph (g) of this section and 46 CFR 
13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR 
part 13 that authorizes the holder to supervise the transfer of fuel 
oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as 
appropriate to the product.
    (b) On each tank barge required to be inspected under 46 U.S.C. 
3703, the operator or agent of the vessel, or the person who arranges 
and hires a person to be in charge of a transfer of fuel oil, of a 
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall 
verify to his or her satisfaction that each PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct either a transfer of liquid 
cargo in bulk or cargo-tank cleaning; and
    (2) Except as provided in paragraph (g) of this section and 46 CFR 
part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge) 
endorsement issued under 46 CFR part 13 that authorizes the holder to 
supervise the transfer of fuel oil, the transfer of liquid cargo in 
bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
    (c) On each foreign tankship, the operator or agent of the vessel 
shall verify to his or her satisfaction that each PIC either of a 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged, including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the systems for crude-
oil washing, inert gas, and vapor control, to safely conduct either a 
transfer of liquid cargo in bulk or cargo-tank cleaning;

[[Page 403]]

    (2) Except as provided in paragraph (g) of this section, holds a 
license or other document issued by the flag state or its authorized 
agent authorizing service as master, mate, pilot, engineer, or operator 
on that vessel;
    (3) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence 
acceptable to the Coast Guard, attesting the PIC's meeting the 
requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, 
of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
    (4) Is capable of reading, speaking, and understanding in English, 
or a language mutually-agreed-upon with the shoreside PIC of the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology of, 
ships, transfers, and cargo-tank cleaning; and
    (5) Is capable of effectively communicating with all crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (d) On each foreign tank barge, the operator or agent of the vessel 
shall verify to his or her satisfaction that each PIC either of the 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct a transfer of fuel oil, a 
transfer of liquid cargo in bulk, or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to STCW, or other form of evidence acceptable to the Coast Guard, 
attesting the PIC's meeting the requirements of Chapter V of STCW as a 
PIC of the transfer of fuel oil, of the transfer of liquid cargo in 
bulk, or of cargo-tank cleaning;
    (3) Is capable of reading, speaking, and understanding in English, 
or a language mutually-agreed-upon with the shoreside PIC of the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology of, 
ships, transfers, and cargo-tank cleaning; and
    (4) Is capable of effectively communicating with all crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (e) The operator or agent of each vessel to which this section 
applies shall verify to his or her satisfaction that the PIC of any 
transfer of fuel oil requiring a Declaration of Inspection--
    (1) On each inspected vessel required by 46 CFR chapter I to have a 
licensed person aboard, holds a valid license issued under 46 CFR part 
10 authorizing service as a master, mate, pilot, engineer, or operator 
aboard that vessel, or holds a valid merchant mariner's document 
endorsed as Tankerman-PIC;
    (2) On each uninspected vessel, either complies with the 
requirements of paragraph (e)(1) of this section or carries a letter 
satisfying the requirements of Sec. 155.715 and designating him

[[Page 404]]

or her as a PIC, unless equivalent evidence is immediately available 
aboard the vessel or at his or her place of employment.
    (3) On each tank barge, for its own engine-driven pumps, either 
complies with paragraph (e)(1) or (2) of this section or has been 
instructed by the operator or agent of the vessel both in his or her 
duties and in the Federal statutes and regulations on water pollution 
that apply to the vessel; or
    (4) On each foreign vessel, holds a license or certificate issued by 
a flag state party to STCW, or other form of evidence acceptable to the 
Coast Guard, attesting the qualifications of the PIC to act as master, 
mate, pilot, operator, engineer, or tankerman aboard that vessel.
    (f) Except as provided in paragraph (g) of this section, the 
operator or agent of each self-propelled tank vessel carrying oil or 
hazardous material in bulk shall verify to his or her satisfaction that 
the PIC of the transfer of oil or hazardous material in bulk to or from 
a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement 
on his or her MMD and either a license or a Certificate issued by a flag 
state party to STCW authorizing service as a master, mate, pilot, 
engineer, or operator aboard that vessel.
    (g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning 
facility or shipyard need not hold any of the licenses, documents, 
certificates, or endorsements required in paragraphs (a) through (f) of 
this section, if he or she is a National Fire Protection Association 
Certificated Marine Chemist.

[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD 79-116, 61 FR 
25126, May 8, 1997; CGD 79-116, 63 FR 35826, July 1, 1998]



Sec. 155.715  Contents of letter of designation as a person-in-charge 
of the transfer of fuel oil.

    The letter of instruction required in Sec. 155.710(e)(2) must 
designate the holder as a person-in-charge of the transfer of fuel oil 
and state that the holder has received sufficient formal instruction 
from the operator or agent of the vessel to ensure his or her ability to 
safely and adequately carry out the duties and responsibilities of the 
PIC described in 33 CFR 156.120 and 156.150.

[CGD 79-116, 63 FR 35826, July 1, 1998]



Sec. 155.720  Transfer procedures.

    The operator of a vessel with a capacity of 250 or more barrels of 
oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 
CFR part 154 shall provide transfer procedures that meet the 
requirements of this part and part 156 of this chapter for 
transferring--
    (a) To or from the vessel; and
    (b) From tank to tank within the vessel.

[CGD 86-034, 55 FR 36254, Sept. 4, 1990, as amended by CGD 79-116, 62 FR 
25127, May 8, 1997]



Sec. 155.730  Compliance with transfer procedures.

    The vessel operator of each vessel required by Sec. 155.720 to have 
transfer procedures shall maintain them current and shall require vessel 
personnel to use the transfer procedures for each transfer operation.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.740  Availability of transfer procedures.

    The transfer procedures required by Sec. 155.720 must be:
    (a) Available for inspection by the COTP or OCMI whenever the vessel 
is in operation;
    (b) Legibly printed in a language or languages understood by 
personnel engaged in transfer operations; and
    (c) Permanently posted or available at a place where the procedures 
can be easily seen and used by members of the crew when engaged in 
transfer operations.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.750  Contents of transfer procedures.

    (a) The transfer procedures required by Sec. 155.720 must contain, 
either in the order listed or by use of a cross-reference index page:

[[Page 405]]

    (1) A list of each product transferred to or from the vessel, 
including the following information:
    (i) Generic or chemical name;
    (ii) Cargo information as described in Sec. 154.310(a)(5)(ii) of 
this chapter; and
    (iii) Applicability of transfer procedures;
    (2) A description of each transfer system on the vessel including:
    (i) A line diagram of the vessel's transfer piping, including the 
location of each valve, pump, control device, vent, and overflow;
    (ii) The location of the shutoff valve or other isolation device 
that separates any bilge or ballast system from the transfer system; and
    (iii) A description of and procedures for emptying the discharge 
containment system required by Sec. Sec. 155.310 and 155.320;
    (3) The number of persons required to be on duty during transfer 
operations;
    (4) The duties by title of each officer, person in charge, 
tankerman, deckhand, and any other person required for each transfer 
operation;
    (5) Procedures and duty assignments for tending the vessel's 
moorings during the transfer of oil or hazardous material;
    (6) Procedures for operating the emergency shutdown and 
communications means required by Sec. Sec. 155.780 and 155.785, 
respectively;
    (7) Procedures for topping off tanks;
    (8) Procedures for ensuring that all valves used during the transfer 
operations are closed upon completion of transfer;
    (9) Procedures for reporting discharges of oil or hazardous material 
into the water; and
    (10) Procedures for closing and opening the vessel openings in Sec. 
155.815.
    (11) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers or other symbols 
representing all such products and the location in the transfer 
procedures where a chart or list of the symbols used and a list of the 
compatible products which may be transferred through the hose can be 
found for consultation before each transfer.
    (b) Exemptions or alternatives granted must be placed in the front 
of the transfer procedures.
    (c) The vessel operator shall incorporate each amendment to the 
transfer procedures under Sec. 155.760 in the procedures with the 
related existing requirement, or at the end of the procedures if not 
related to an existing requirement.
    (d) If a vessel is fitted with a vapor control system, the transfer 
procedures must contain a description of the vapor collection system on 
the vessel which includes:
    (1) A line diagram of the vessel's vapor collection system piping, 
including the location of each valve, control device, pressure-vacuum 
relief valve, pressure indicator, flame arresters, and detonation 
arresters, if fitted;
    (2) The location of spill valves and rupture disks, if fitted;
    (3) The maximum allowable transfer rate determined in accordance 
with 46 CFR 39.30-1(d) (1) through (d)(3);
    (4) The initial transfer rate for each tank that complies with 46 
CFR 39.30-1(h);
    (5) A table or graph of transfer rates and corresponding vapor 
collection system pressure drops calculated in accordance with 46 CFR 
39.30-1(b);
    (6) The relief settings of each spill valve, rupture disk, and 
pressure-vacuum relief valve; and
    (7) A description of and procedures for operating the vapor 
collection system, including the:
    (i) Pre-transfer equipment inspection requirements;
    (ii) Vapor line connection;
    (iii) Closed gauging system;
    (iv) High level alarm system, if fitted; and
    (v) Independent automatic shutdown system, if fitted.
    (e) If a cargo tank of a tank vessel is fitted with an overfill 
device, the transfer procedures must contain a description of the 
overfill device, including:
    (1) The tank overfill device system and specific procedures for the 
person in charge to--
    (i) Monitor the level of cargo in the tank; and
    (ii) Shut down transfer operations in time to ensure that the cargo 
level in

[[Page 406]]

each tank does not exceed the maximum amount permitted by Sec. 
155.775(b).
    (2) Pre-transfer overfill device equipment inspection and test 
requirements.

(Approved by the Office of Management and Budget under control number 
2115-0120)

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 90-071a, 59 FR 53291, Oct. 21, 
1994]



Sec. 155.760  Amendment of transfer procedures.

    (a) The COTP or OCMI may require the vessel operator of any vessel 
that is required to have transfer procedures under Sec. 155.720 to 
amend those procedures if the COTP or OCMI finds that the transfer 
procedures do not meet the requirements of this part.
    (b) The COTP or OCMI shall notify the vessel operator in writing of 
any inadequacies in the oil transfer procedures. The vessel operator may 
submit written information, views, and arguments on and proposals for 
amending the procedures within 14 days from the date of the COTP or OCMI 
notice. After considering all relevant material presented, the COTP or 
OCMI shall notify the vessel operator of any amendment required or 
adopted, or the COTP or OCMI may rescind the notice. The amendment 
becomes effective 30 days after the vessel operator receives the notice, 
unless the vessel operator petitions the Commandant to review the COTP 
or OCMI notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP or OCMI who issued the requirement to 
amend.
    (c) If the COTP or OCMI finds that there is a condition requiring 
immediate action to prevent the discharge or risk of discharge that 
makes the procedure in paragraph (b) of this section impractical or 
contrary to the public interest, he or she may issue an amendment 
effective on the date the vessel operator receives notice of it. In such 
a case, the COTP or OCMI includes a brief statement of the reasons for 
the findings in the notice, and the vessel operator may petition the 
Commandant, in any manner, to review the amendment. The petition does 
not postpone the amendment.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.770  Draining into bilges.

    No person may intentionally drain oil or hazardous material from any 
source into the bilge of a vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.775  Maximum cargo level of oil.

    (a) For the purposes of this section, ``oil'' has the same meaning 
as provided in Sec. 151.05 of this chapter.
    (b) A cargo tank on a tank vessel may not be filled with oil higher 
than--
    (1) 98.5 percent of the cargo tank volume; or
    (2) The level at which the overfill alarm required by Sec. 155.480 
is set.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 155.780  Emergency shutdown.

    (a) A tank vessel with a capacity of 250 or more barrels that is 
carrying oil or hazardous material as cargo must have on board an 
emergency means to enable the person in charge of a transfer operation 
to a facility, to another vessel, or within the vessel to stop the flow 
of oil or hazardous material.
    (b) The means to stop the flow may be a pump control, a quick-
acting, power actuated valve, or an operating procedure. If an emergency 
pump control is used, it must stop the flow of oil or hazardous material 
if the oil or hazardous material could siphon through the stopped pump.
    (c) The means to stop the flow must be operable from the cargo deck, 
cargo control room, or the usual operating station of the person in 
charge of the transfer operation.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.785  Communications.

    (a) During vessel to vessel transfers, each tank vessel with a 
capacity of 250 or more barrels of cargo that is carrying oil or 
hazardous material must have a means that enables continuous two-way 
voice communication between the persons in charge of the transfer 
operations on both vessels.

[[Page 407]]

    (b) Each vessel must have a means, which may be the communication 
system itself, that enables a person on board each vessel to effectively 
indicate his desire to use the means of communication required by 
paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions of weather.
    (d) Portable radio devices used to comply with paragraph (a) of this 
section during the transfer of flammable or combustible liquids must be 
intrinsically safe, as defined in 46 CFR 110.15-100(i), and meet Class 
I, Division I, Group D requirements as defined in 46 CFR 111.80.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as 
amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.790  Deck lighting.

    (a) A self-propelled vessel with a capacity of 250 or more barrels 
of oil or hazardous material that is conducting transfer operations 
between sunset and sunrise must have deck lighting that adequately 
illuminates--
    (1) Each transfer operations work area and each transfer connection 
point in use on the vessel; and
    (2) Each transfer operations work area and each transfer connection 
point in use on each barge, if any, moored to the vessel to or from 
which oil or hazardous material is being transferred;
    (b) Where the illumination is apparently inadequate the OCMI or COTP 
may require verification by instrument of the levels of illumination. On 
a horizontal plane 3 feet above the deck the illumination must measure 
at least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.800  Transfer hose.

    Hose used to transfer oil or hazardous material must meet the 
requirements of Sec. 154.500 of this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.805  Closure devices.

    (a) Each end of each transfer hose on board which is not connected 
for the transfer of oil or hazardous material must be blanked off with 
butterfly valves, wafer-type resilient seated valves, blank flanges, or 
other means acceptable to the COTP or OCMI.
    (b) New, unused hose is exempt from the requirement in paragraph (a) 
of this section.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.810  Tank vessel security.

    Operators of tank vessels carrying more oil cargo residue than 
normal in any cargo tank must assign a surveillance person or persons 
responsible for maintaining standard vessel security.

[ USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]



Sec. 155.815  Tank vessel integrity.

    (a) Except as provided in paragraph (b) of this section, a tank 
vessel underway or at anchor must have all closure mechanisms on the 
following openings properly closed:
    (1) Expansion trunk hatches;
    (2) Ullage openings;
    (3) Sounding ports;
    (4) Tank cleaning openings; and
    (5) Any other tank vessel openings that maintain the seaworthy 
condition of the tank vessel and prevent the inadvertent release of oil 
or hazardous material in the event of a tank vessel accident.
    (b) No person may open any of the closure mechanisms in paragraph 
(a) of this section while the tank vessel is underway or at anchor 
except when authorized and supervised by a licensed officer or the 
tankerman required by 46 CFR 31.15-5(a).

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]

[[Page 408]]



Sec. 155.820  Records.

    The vessel operator shall keep a written record available for 
inspection by the COTP or OCMI of:
    (a) The name of each person currently designated as a person in 
charge of transfer operations.
    (b) The date and result of the most recent test and inspection of 
each item tested or inspected as required by Sec. 156.170 of this 
chapter;
    (c) The hose information required by Sec. 154.500(e) and (g) of 
this chapter unless that information is marked on the hose; and
    (d) The Declaration of Inspection as required by Sec. 156.150(f) of 
this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



                        Subpart D_Response Plans

    Source: CGD 91-034, 61 FR 1081, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1010  Purpose.

    The purpose of this subpart is to establish requirements for oil 
spill response plans for certain vessels. The planning criteria in this 
subpart are intended for use in response plan development and the 
identification of resources necessary to respond to the oil spill 
scenarios prescribed during the planning process. The development of a 
response plan prepares the vessel owner or operator and the vessel's 
crew to respond to an oil spill. The specific criteria for response 
resources and their arrival times are not performance standards. They 
are planning criteria based on a set of assumptions that may not exist 
during an actual oil spill incident.



Sec. 155.1015  Applicability.

    (a) Except as provided in paragraph (c) of this section, this 
subpart applies to each vessel that is constructed or adapted to carry, 
or that carries, oil in bulk as cargo or oil cargo residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil in a port or place subject to the jurisdiction of 
the United States.
    (b) This subpart also applies to vessels which engage in oil 
lightering operations in the marine environment beyond the baseline from 
which the territorial sea is measured, when the cargo lightered is 
destined for a port or place subject to the jurisdiction of the United 
States.
    (c) This subpart does not apply to the following types of vessels:
    (1) Public vessels and vessels deemed public vessels under 14 U.S.C. 
827.
    (2) Vessels that, although constructed or adapted to carry oil in 
bulk as cargo or oil cargo residue, are not storing or carrying oil in 
bulk as cargo or oil cargo residue.
    (3) Dedicated response vessels when conducting response operations.
    (4) Vessels of opportunity when conducting response operations in a 
response area.
    (5) Offshore supply vessels as defined in 46 U.S.C. 2101.
    (6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101 
of not more than 750 gross tons when engaged only in the fishing 
industry.
    (7) Foreign flag vessels engaged in innocent passage.
    (d) Vessels covered by this subpart that are not operating within 
the navigable waters or the exclusive economic zone of the United States 
must meet all requirements of this subpart except for--
    (1) Identifying and ensuring, through contract or other approved 
means, the availability of response resources including the shore-based 
spill management team;
    (2) Providing the geographic-specific appendices required in Sec. 
155.1035, 155.1040, or 155.1045, as appropriate; and
    (3) Identifying and designating a qualified individual and alternate 
qualified individual required in Sec. 155.1026.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.1020  Definitions.

    Except as otherwise defined in this section, the definitions in 
Sec. 155.110 apply to this subpart and subparts F

[[Page 409]]

and G of this part. For the purposes of this subpart only, the term:
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height, ice, temperature, weather-
related visibility, and currents within the Captain of the Port (COTP) 
zone in which the systems or equipment are intended to function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels of oil or 1 percent of the cargo from the vessel during cargo 
oil transfer operations to or from the vessel.
    Bulk means any volume of oil carried in an integral tank of the 
vessel and oil transferred to or from a marine portable tank or 
independent tank while on board a vessel.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, for coastal ports, the seaward extension of that zone to the 
outer boundary of the exclusive economic zone (EEZ).
    Cargo means oil that is transported to and off-loaded at a 
destination by a vessel. It does not include--
    (1) Oil carried in integral tanks, marine portable tanks, or 
independent tanks for use by machinery, helicopters, and boats carried 
aboard the vessel, or for use by helicopters that are directly 
supporting the vessel's primary operations; or
    (2) Oil transferred from a towing vessel to a vessel in its tow to 
operate installed machinery other than the propulsion plant.
    Contract or other approved means includes--
    (1) A written contractual agreement between a vessel owner or 
operator and an oil spill removal organization. The agreement must 
identify and ensure the availability of specified personnel and 
equipment required under this subpart within stipulated response times 
in the specified geographic areas;
    (2) Certification by the vessel owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the vessel owner or operator, and are 
available within stipulated response times in the specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and exercises; 
and
    (iv) Is referenced in the response plan; or
    (5) With the written consent of the oil spill removal organization, 
the identification of an oil spill removal organization with specified 
equipment and personnel which are available within stipulated response 
times in the specified geographic areas. This paragraph is an other 
approved means for only--
    (i) A vessel carrying oil as secondary cargo to meet the 
requirements under Sec. 155.1045(i)(3);
    (ii) A barge operating on rivers and canals to meet the requirements 
for lightering capability under Sec. Sec. 155.1050(l), 155.1052(g), 
155.1230(g), and 155.2230(g);
    (iii) A vessel to meet the salvage and firefighting requirements in 
Sec. Sec. 155.1050(k), 155.1052(f), 155.1230(f), and 155.2230(f); and
    (iv) A vessel to meet the resource requirements in Sec. 
155.1052(c), 155.1230(c), and 155.2230(c).
    Dedicated response vessel means a vessel of which the service is 
limited exclusively to oil and hazardous substance spill response-
related activities,

[[Page 410]]

including spill recovery and transport, tanker escorting, deployment of 
spill response equipment, supplies, and personnel, and spill response-
related training, testing, exercises, and research.
    Exclusive economic zone means the zone contiguous to the territorial 
sea of United States extending to a distance up to 200 nautical miles 
from the baseline from which the breadth of the territorial sea is 
measured.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Higher volume port area means the following areas, including any 
water area within 50 nautical miles seaward of the entrance(s) to the 
specified port:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA. 
Note: Vessels destined for, departing from, or offloading at the 
Louisiana Offshore Oil Port are not considered to be operating in this 
higher volume port area.
    (7) Lake Charles, LA.
    (8) Sabine-Neches River, TX.
    (9) Galveston Bay and Houston Ship Channel, TX.
    (10) Corpus Christi, TX.
    (11) Los Angeles/Long Beach Harbor, CA.
    (12) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA.
    (13) Strait of Juan De Fuca at Port Angeles, WA to and including 
Puget Sound, WA.
    (14) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter. The inland area does 
not include the Great Lakes.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the Coast Guard.
    Maximum most probable discharge means a discharge of--
    (1) 2,500 barrels of oil for vessels with an oil cargo capacity 
equal to or greater than 25,000 barrels; or
    (2) 10% of the vessel's oil cargo capacity for vessels with a 
capacity of less than 25,000 barrels.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, a nearshore area is one extending seaward 12 
miles from the line of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50% of which by volume, distill at a temperature of 340 
degrees C (645 degrees F); and
    (2) At least 95% of which by volume, distill at a temperature of 370 
degrees C (700 degrees F).
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fats and vegetable oils.
    Ocean means the open ocean, offshore area, and nearshore area as 
defined in this subpart.
    Offshore area means the area up to 38 nautical miles seaward of the 
outer boundary of the nearshore area.
    Oil field waste means non-pumpable drilling fluids with possible 
trace amounts of metal and oil.
    Oil spill removal organization means an entity that provides 
response resources.
    On-scene coordinator or OSC means the Federal official predesignated 
by the Coast Guard or Environmental Protection Agency to coordinate and 
direct Federal removal efforts at the scene of an oil or hazardous 
substance discharge as prescribed in the National Oil and Hazardous 
Substances Pollution Contingency Plan (National Contingency Plan) as 
published in 40 CFR part 300.
    Open ocean means the area from 38 nautical miles seaward of the 
outer boundary of the nearshore area, to the

[[Page 411]]

seaward boundary of the exclusive economic zone.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart, including ensuring the availability 
of the response resources by contract or other approved means and 
conducting the necessary training and exercises.
    Operator means person who is an owner, a demise charterer, or other 
contractor, who conducts the operation of, or who is responsible for the 
operation of a vessel. For the purposes of this subpart only, the 
operator of a towing vessel is not, per se, considered the operator of a 
vessel being towed.
    Other non-petroleum oil means an oil of any kind that is not a 
petroleum oil, an animal fat, or a vegetable oil.
    Owner or vessel owner means any person holding legal or equitable 
title to a vessel; provided, however, that a person holding legal or 
equitable title to a vessel solely as security is not the owner. In a 
case where a Certificate of Documentation has been issued, the owner is 
the person or persons whose name or names appear on the vessel's 
Certificate of Documentation provided, however, that where a Certificate 
of Documentation has been issued in the name of a president or secretary 
of an incorporated company, such incorporated company is the owner.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Petroleum oil means petroleum in any form, including but not limited 
to, crude oil, fuel oil, sludge, oil residue, and refined products.
    Qualified individual and alternate qualified individual means a 
shore-based representative of a vessel owner or operator who meets the 
requirements of 33 CFR 155.1026.
    Response activity means the containment and removal of oil from the 
water and shorelines, the temporary storage and disposal of recovered 
oil, or the taking of other actions as necessary to minimize or mitigate 
damage to public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals mean bodies of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that have a project depth of 12 
feet or less.
    Secondary Cargo (see Vessels Carrying Oil as a Secondary Cargo)
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 degrees C (60 degrees F) to the mass of an equal volume of 
pure water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of such a discharge means any incident involving 
a vessel that may create a significant risk of discharge of cargo oil. 
Such incidents include, but are not limited to, groundings, strandings, 
collisions, hull damage, fire, explosion, loss of propulsion, flooding, 
on-deck spills, or other similar occurrences.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene. Appendix B of 
this part, especially Tables 5 and 6, provide specific guidance on 
calculating the response resources required by each tier. Sections 
155.1050(g), 155.1135, 155.1230(d), and 155.2230(d) set forth the 
required times within which the response resources must arrive on scene. 
Tiers are applied in three categories:
    (1) Higher volume port areas;
    (2) The Great Lakes; and

[[Page 412]]

    (3) All other operating environments, including rivers and canals, 
inland, nearshore, and offshore areas.
    Vegetable oil means a non-petroleum oil or fat not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels or fruits.
    Vessel of opportunity means a vessel engaged in spill response 
activities that is normally and substantially involved in activities 
other than spill response and not a vessel carrying oil as a primary 
cargo.
    Vessels carrying oil as a primary cargo means all vessels except 
dedicated response vessels carrying oil in bulk as cargo or cargo 
residue that have a Certificate of Inspection issued under 46 CFR 
Chapter I, subchapter D.
    Vessels carrying oil as a secondary cargo means vessels, other than 
vessels carrying oil as a primary cargo, carrying oil in bulk as cargo 
or cargo residue pursuant to a permit issued under 46 CFR 30.01-5, 
70.05-30, or 90.05-35, an International Oil Pollution Prevention (IOPP) 
or Noxious Liquid Substance (NLS) certificate required by 33 CFR 
Sec. Sec. 151.33 or 151.35; or any uninspected vessel that carries oil 
in bulk as cargo or cargo residue.
    Worst case discharge means a discharge in adverse weather conditions 
of a vessel's entire oil cargo.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.1025  Operating restrictions and interim operating authorization.

    (a) Vessels subject to this subpart may not perform the following 
functions, unless operating in compliance with a plan approved under 
Sec. 155.1065:
    (1) Handling, storing, or transporting oil on the navigable waters 
of the United States; or
    (2) Transferring oil in any other port or place subject to U.S. 
jurisdiction.
    (b) Vessels subject to this subpart may not transfer oil in a port 
or place subject to the jurisdiction of the United States, where the oil 
to be transferred was received from another vessel subject to this 
subpart during a lightering operation referred to in Sec. 155.1015(b), 
unless both vessels engaged in the lightering operation were operating 
at the time in compliance with a plan approved under Sec. 155.1065.
    (c)(1) Notwithstanding the requirements of paragraph (a) of this 
section, a vessel may continue to handle, store, transport, transfer, or 
lighter oil for 2 years after the date of submission of a response plan 
pending approval of that plan, if the vessel owner or operator has 
received written authorization for continued operations from the Coast 
Guard.
    (2) To receive this authorization, the vessel owner or operator must 
certify in writing to the Coast Guard that the owner or operator has 
identified and ensured the availability of, through contract or other 
approved means, the necessary private response resources to respond, to 
the maximum extent practicable, to a worst case discharge or substantial 
threat of such a discharge from their vessel as described in Sec. Sec. 
155.1050, 155.1052, 155.1230, or 155.2230, as appropriate.
    (d) With respect to paragraph (b) of this section, a vessel may not 
continue to handle, store, transport, transfer, or lighter oil if--
    (1) The Coast Guard determines that the response resources 
identified in the vessel's certification statement do not meet the 
requirements of this subpart;
    (2) The contracts or agreements cited in the vessel's certification 
statement are no longer valid;
    (3) The vessel is not operating in compliance with the submitted 
plan; or
    (4) The period of this authorization expires.
    (e) An owner or operator of a vessel may be authorized by the 
applicable COTP to have that vessel make one voyage to transport or 
handle oil in a geographic specific area not covered by the vessel's 
response plan. All requirements of this subpart must be met for any 
subsequent voyages to that geographic specific area. To be authorized, 
the vessel owner or operator shall certify to the COTP in writing, prior 
to the vessel's entry into the COTP zone, that--
    (1) A response plan meeting the requirements of this subpart (except 
for the applicable geographic specific appendix) or a shipboard oil 
pollution emergency plan approved by the flag state that meets the 
requirements of

[[Page 413]]

Regulation 26 of Annex I to the International Convention for the 
Prevention of Pollution from Ships, 1973 as modified by the Protocol of 
1978 relating thereto, as amended (MARPOL 73/78) which is available from 
the National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161;
    (2) The approved response plan or the required plan section(s) is 
aboard the vessel;
    (3) The vessel owner or operator has identified and informed the 
vessel master and the COTP of the designated qualified individual prior 
to the vessel's entry into the COTP zone; and
    (4) The vessel owner or operator has identified and ensured the 
availability of, through contract or other approved means, the private 
response resources necessary to respond, to the maximum extent 
practicable under the criteria in Sec. Sec. 155.1050, 155.1052, 
155.1230, or 155.2230, as appropriate, to a worst case discharge or 
substantial threat of discharge from the vessel in the applicable COTP 
zone.



Sec. 155.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate qualified individual must be available 
on a 24-hour basis.
    (b) The qualified individual and alternate must--
    (1) Speak fluent English;
    (2) Except as set out in paragraph (c) of this section, be located 
in the United States;
    (3) Be familiar with the implementation of the vessel response plan; 
and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) For Canadian flag vessels while operating on the Great Lakes or 
the Strait of Juan de Fuca and Puget Sound, WA, the qualified individual 
may be located in Canada if he or she meets all other requirements in 
paragraph (b) of this section.
    (d) The owner operator shall provide each qualified individual and 
alternate qualified individual identified in the plan with a document 
designating them as a qualified individual and specifying their full 
authority to--
    (1) Activate and engage in contracting with oil spill removal 
organization(s) and other response related resources identified in the 
plan;
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OCS); and
    (3) Obligate funds required to carry out response activities.
    (e) The owner or operator of a vessel may designate an organization 
to fulfill the role of the qualified individual and alternate qualified 
individual. The organization must then identify a qualified individual 
and at least one alternate qualified individual who meet the 
requirements of this section. The vessel owner or operator is required 
to list in the response plan the organization, the person identified as 
the qualified individual, and the person or persons identified as the 
alternate qualified individual(s).
    (f) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the full authority contained in their designation from the owner or 
operator of the vessel.
    (g) The liability of a qualified individual is considered to be in 
accordance with the provisions of 33 U.S.C. 1321(c)(4).



Sec. 155.1030  General response plan requirements.

    (a) The plan must cover all geographic areas of the United States in 
which the vessel intends to handle, store, or transport oil, including 
port areas and offshore transit areas.
    (b) The plan must be written in English and, if applicable, in a 
language that is understood by the crew members with responsibilities 
under the plan.
    (c) A vessel response plan must be divided into the following 
sections:
    (1) General information and introduction.
    (2) Notification procedures.
    (3) Shipboard spill mitigation procedures.
    (4) Shore-based response activities.

[[Page 414]]

    (5) List of contacts.
    (6) Training procedures.
    (7) Exercise procedures.
    (8) Plan review and update procedures.
    (9) On board notification checklist and emergency procedures 
(unmanned tank barges only).
    (10) Geographic-specific appendix for each COTP zone in which the 
vessel or vessels operate.
    (11) An appendix for vessel-specific information for the vessel or 
vessels covered by the plan.
    (d) A vessel owner or operator with multiple vessels may submit one 
plan for each class of vessel (i.e., manned vessels carrying oil as 
primary cargo, unmanned vessels carrying oil as primary cargo, and 
vessels carrying oil as secondary cargo) with a separate vessel-specific 
appendix for each vessel covered by the plan and a separate geographic-
specific appendix for each COTP zone in which the vessel(s) will 
operate.
    (e) The required contents for each section of the plan are contained 
in Sec. Sec. 155.1035, 155.1040, and 155.1045, as applicable to the 
type or service of the vessel.
    (f) The response plan for a barge carrying nonhazardous oil field 
waste may follow the same format as that for a vessel carrying oil as a 
secondary cargo under Sec. 155.1045 in lieu of the plan required under 
Sec. 155.1035 or Sec. 155.1040.
    (g) A response plan must be divided into the sections described in 
paragraph (c) of this section unless the plan is supplemented with a 
cross-reference table to identify the location of the information 
required by this subpart.
    (h) The information contained in a response plan must be consistent 
with the--
    (1) National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in effect 
on the date 6 months prior to the submission date of the response plan; 
or
    (2) More recent NCP and ACP(s).
    (i) Copies of the submitted and approved response plan must be 
available as follows:
    (1) The owner or operator of all vessels, except for unmanned tank 
barges, shall ensure that one English language copy of the plan sections 
listed in paragraph (c) (1), (2), (3), (5), (10) and (11) of this 
section and the Coast Guard approval letter or notarized copy of the 
approval letter are maintained aboard the vessel. If applicable, 
additional copies of the required plan sections must be in the language 
understood by crew members with responsibilities under the plan and 
maintained aboard the vessel.
    (2) The owner or operator of all unmanned tank barges shall ensure 
that one English language copy of the plan section listed in paragraph 
(c)(9) of this section and the Coast Guard approval letter or notarized 
copy of the approval letter are maintained aboard the barge.
    (3) The vessel owner or operator shall maintain a current copy of 
the entire plan, and ensure that each person identified as a qualified 
individual and alternate qualified individual in the plan has a current 
copy of the entire plan.
    (j) If an owner or operator of a United States flag vessel informs 
the Coast Guard in writing at the time of the plan submission according 
to the procedures of Sec. 155.1065, the owner or operator may address 
the provisions of Regulation 26 of MARPOL 73/78 if the owner or 
operator--
    (1) Develops a vessel response plan under Sec. 155.1030 and 
Sec. Sec. 155.1035, 155.1040, or 155.1045, as applicable;
    (2) Expands the plan to cover discharges of all oils defined under 
MARPOL, including fuel oil (bunker) carried on board. The owner or 
operator is not required to include these additional oils in calculating 
the planning volumes that are used to determine the quantity of response 
resources that the owner or operator must ensure through contract or 
other approved means;
    (3) Provides the information on authorities or persons to be 
contacted in the event of an oil pollution incident as required by 
Regulation 26 of MARPOL 73/78. This information must include--
    (i) An appendix containing coastal State contacts for those coastal 
States the exclusive economic zone of which the vessel regularly 
transits. The appendix should list those agencies or officials of 
administrations responsible for receiving and processing pollution 
incident reports; and

[[Page 415]]

    (ii) An appendix of port contacts for those ports at which the 
vessel regularly calls; and
    (4) Expands the plan to include the procedures and point of contact 
on the ship for coordinating shipboard activities with national and 
local authorities in combating an oil spill incident. The plan should 
address the need to contact the coastal State to advise them of 
action(s) being implemented and determine what authorization(s), if any, 
are needed.
    (5) Provides a cross reference section to identify the location of 
the information required by Sec. 155.1030(j).
    (k) A vessel carrying oil as a secondary cargo may comply with the 
requirements of Sec. 155.1045 by having a response plan approved under 
Regulation 26 of MARPOL 73/78 with the addition of the following--
    (1) Identification of the qualified individual and alternate that 
meets the requirements of Sec. 155.1026;
    (2) A geographic specific appendix meeting the requirements of Sec. 
155.1045(i), including the identification of a contracted oil spill 
removal organization;
    (3) Identification of a spill management team;
    (4) An appendix containing the training procedures required by 
155.1045(f); and
    (5) An appendix containing the exercise procedures required by 
155.1045(g).
    (l) For plans submitted prior to the effective date of this final 
rule, the owner or operator of each vessel may elect to comply with any 
or all of the provisions of this final rule by amending or revising the 
appropriate section of the previously submitted plan.



Sec. 155.1035  Response plan requirements for manned vessels carrying 
oil as a primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and International Maritime Organization (IMO) international 
number (if applicable). If the plan covers multiple vessels, this 
information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the vessel intends to handle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone or other 
contact numbers, in order of priority to be made by shipboard or shore-
based personnel and the information required for those notifications. 
Notifications must include those required by--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to vessel location, the persons to be notified also must be identified 
in a geographic-specific appendix. This section must separately 
identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual(s) 
designated by the vessel's owner or operator.
    (4) Descriptions of the primary and, if available, secondary 
communications methods by which the notifications will be made that 
should be consistent with the regulations in Sec. 155.1035(b)(1).
    (5) The information that is to be provided in the initial and any 
follow up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for Ship Reporting Systems and 
Ship Reporting Requirements'' which is available through COMDT G-MSO-4, 
U.S.

[[Page 416]]

Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001. It must include at least the following information:
    (A) Vessel name, country of registry, call sign, and official number 
(if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage (e.g. 
grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the ship.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the vessel's crew to shore-based personnel 
to facilitate the assessment of damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures for the crew to mitigate or prevent any discharge or 
a substantial threat of such discharge of oil resulting from shipboard 
operational activities associated with internal or external cargo 
transfers. Responsibilities of vessel personnel should be identified by 
job title. These procedures must address personnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the crew to mitigate or 
prevent any discharge or a substantial threat of such a discharge in the 
event of the following casualties or emergencies:
    (i) Grounding or stranding.
    (ii) Collision.
    (iii) Explosion or fire, or both.
    (iv) Hull failure.
    (v) Excessive list.
    (vi) Equipment failure (e.g. main propulsion, steering gear, etc.);
    (3) Procedures for the crew to deploy discharge removal equipment as 
required under subpart B of this part;
    (4) The procedures for internal transfers of cargo in an emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The format and content of the ship-to-ship transfer procedures 
must be consistent with the Ship to Ship Transfer Guide (Petroleum) 
published jointly by the International Chamber of Shipping and the Oil 
Companies International Marine Forum (OCIMF).
    (ii) The procedures must identify the response resources necessary 
to carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment;
    (D) Lightering and mooring masters (ship-to-ship only); and
    (E) Vessel and barge brokers (ship-to-ship only).
    (iii) Reference can be made to a separate oil transfer procedure and

[[Page 417]]

lightering plan carried aboard the vessel, provided that safety 
considerations are summarized in the response plan.
    (iv) The location of all equipment and fittings, if any, carried 
aboard the vessel to perform such transfers must be identified;
    (6) The procedures and arrangements for emergency towing, including 
the rigging and operation of any emergency towing equipment, including 
that required by subpart B of this part, aboard the vessel;
    (7) The location, crew responsibilities, and procedures for use of 
shipboard equipment which may be carried to mitigate an oil discharge;
    (8) The crew responsibilities, if any, for recordkeeping and 
sampling of spilled oil. Any requirements for sampling must address 
safety procedures to be followed by the crew;
    (9) The crew's responsibilities, if any, to initiate a response and 
supervise shore-based response resources;
    (10) Damage stability and hull stress considerations when performing 
shipboard mitigation measures. This section must identify and describe--
    (i) Activities in which the crew is trained and qualified to execute 
absent shore-based support or advice; and
    (ii) The information to be collected by the vessel's crew to 
facilitate shore-based assistance; and
    (11)(i) Location of vessel plans necessary to perform salvage, 
stability, and hull stress assessments. A copy of these plans must be 
maintained ashore by either the vessel owner or operator or the vessel's 
recognized classification society unless the vessel has prearranged for 
a shore-based damage stability and residual strength calculation program 
with the vessel's baseline strength and stability characteristics pre-
entered. The response plan must indicate the shore location and 24-hour 
access procedures of the calculation program or the following plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets.
    (D) Tank tables.
    (E) Load line assignment.
    (F) Light ship characteristics.
    (ii) The plan must identify the shore location and 24-hour access 
procedures for the computerized, shore-based damage stability and 
residual structural strength calculation programs required by Sec. 
155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator or qualified individual with the predesignated Federal on-
scene coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section of the response plan or, if more appropriate, 
in a geographic-specific appendix and referenced in this section of the 
response plan:
    (1) Vessel owner or operator.
    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.

[[Page 418]]

    (3) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (4) The vessel's local agent(s) for the vessel's area of operation.
    (5) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the three 
spill scenarios identified in paragraph (i)(5) of this section for the 
vessel's area of operation.
    (6) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Sec. 155.1050(l), 
Sec. 155.1052(g), Sec. 155.1230(g), or Sec. 155.2230(g), as 
applicable to the type of service of the vessel; and
    (ii) The required salvage and firefighting required by Sec. 
155.1050(k), Sec. 155.1052(e), Sec. 155.1230(e), and Sec. 
155.2230(e), as applicable to the type of service of the vessel.
    (7) Person(s) to notify for activation of the spill management team 
for the spill response scenarios identified in paragraph (i)(5) of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response plan must 
address the training procedures and programs of the vessel owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program to be carried out by the vessel owner or 
operator to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:
    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the vessel intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means, and the spill management team to respond to the following spill 
scenarios:
    (i) Average most probable discharge.
    (ii) Maximum most probable discharge.
    (iii) Worst case discharge.
    (6) The organization(s) identified to meet the requirements of 
paragraph (i)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the requirements of Sec. Sec. 
155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources 
of trained personnel to continue operation of the equipment and staff 
the oil spill removal organization(s) and spill management team 
identified for the first 7 days of the response.
    (7) The appendix must list the response resources and related 
information required under Sec. Sec. 155.1050, 155.1052, 155.1230, 
155.2230, and Appendix B of this part, as appropriate.
    (8) If an oil spill removal organization(s) has been evaluated by 
the Coast Guard and their capability has been determined to equal or 
exceed the response capability needed by the vessel, the appendix may 
identify only the organization and their applicable classification and 
not the information required in paragraph (i)(7) of this section.
    (9) The appendix must also separately list the companies identified 
to provide the salvage, vessel firefighting, lightering, and if 
applicable, dispersant capabilities required in this subpart.
    (j) Appendices for vessel-specific information. This section must 
include for

[[Page 419]]

each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics.
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) General arrangement plan (can be maintained separately aboard 
the vessel providing the response plan identifies the location).
    (6) Midships section plan (can be maintained separately aboard the 
vessel providing the response plan identifies the location).
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable 
(can be maintained separately aboard the vessel providing the response 
plan identifies the location).
    (8) Damage stability data (can be maintained separately providing 
the response plan identifies the location).
    (9) Location of cargo and fuel stowage plan for vessel (normally 
maintained separately aboard the vessel).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2005-21531, 70 FR 36349, June 23, 2005]



Sec. 155.1040  Response plan requirements for unmanned tank barges 
carrying oil as a primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) A list of tank barges covered by the plan, which must include 
the country of registry, call sign, IMO international numbers (if 
applicable), and official numbers of the listed tank barges;
    (2) The name, address, and procedures for contacting the barge's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the tank barges covered by the 
plan intend to handle, store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page used to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications. The checklist must include 
notifications required by MARPOL 73/78, 33 CFR part 153, and any 
applicable State, including telephone or other contact numbers, in the 
order of priority and the information required for those notifications 
to be made by the--
    (i) Towing vessel;
    (ii) Vessel owner or operator; or
    (iii) Qualified individual.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to the location of the barge, the persons to be notified also must be 
identified in a geographic-specific appendix. This section must 
separately identify--
    (i) The individual(s) or organization(s) to be notified by the 
towing vessel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individuals 
designated by the barge's owner or operator.
    (4) Identification of the primary and, if available, secondary 
communications methods by which the notifications will be made, 
consistent with the requirements of paragraph (b)(1) of this section.
    (5) The information that is to be provided in the initial and any 
follow-up notifications required by paragraph (b)(1) of this section.

[[Page 420]]

    (i) The initial notification information must include at least the 
following information:
    (A) Towing vessel name (if applicable);
    (B) Tank barge name, country of registry, and official number;
    (C) Date and time of the incident;
    (D) Location of the incident;
    (E) Course, speed, and intended track of towing vessel (if 
applicable);
    (F) Radio station(s) frequencies guarded by towing vessel (if 
applicable);
    (G) Date and time of next report;
    (H) Type and quantity of oil on board;
    (I) Nature and details of defects, deficiencies, and damage (e.g., 
grounding, collision, hull failure, etc.);
    (J) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (K) Weather and sea conditions on scene;
    (L) Barge size and type;
    (M) Actions taken or planned by persons on scene;
    (N) Current condition of the barge; and
    (O) Details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional detail on the type of cargo on board;
    (B) Additional details on the condition of the barge and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the vessel.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the towing vessel personnel or tankermen, 
as applicable, to shore-based personnel to facilitate the assessment of 
damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures to be followed by the tankerman, as defined in 46 CFR 
35.35-1, to mitigate or prevent any discharge or a substantial threat of 
such a discharge of oil resulting from operational activities and 
casualties. These procedures must address personnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the towing vessel or 
barge owner or operator to mitigate or prevent any discharge or a 
substantial threat of such a discharge of oil in the event of the 
following casualties or emergencies:
    (i) Grounding or stranding;
    (ii) Collision;
    (iii) Explosion or fire, or both;
    (iv) Hull failure;
    (v) Excessive list; and
    (3) Procedures for tankermen or towing vessel crew to employ 
discharge removal equipment required by subpart B of this part;
    (4) The procedures for the internal transfer of cargo in an 
emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The procedures must identify the response resources necessary to 
carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment; and
    (D) Lightering vessels (ship-to-ship only).
    (ii) Reference can be made to separate oil transfer procedures or a 
lightering plan provided that safety considerations are summarized in 
the response plan.
    (iii) The location of all equipment and fittings, if any, to perform 
such transfers must be identified;
    (6) The procedures and arrangements for emergency towing, including 
the

[[Page 421]]

rigging and operation of any emergency towing equipment, including that 
required by subpart B of this part aboard the barge;
    (7) The location and procedures for use of equipment stowed aboard 
either the barge or towing vessel to mitigate an oil discharge;
    (8) The responsibilities of the towing vessel crew and facility or 
fleeting area personnel, if any, to initiate a response and supervise 
shore-based response resources;
    (9) Damage stability, if applicable, and hull stress considerations 
when performing on board mitigation measures. This section must identify 
and describe--
    (i) Activities in which the towing vessel crew or tankerman is 
trained and qualified to execute absent shore-based support or advice;
    (ii) The individuals who shall be notified of a casualty potentially 
affecting the seaworthiness of the barge; and
    (iii) The information that must be provided by the towing vessel to 
facilitate the assessment of damage stability and stress; and
    (10)(i) Location of barge plans necessary to perform salvage, 
stability, and hull stress assessments. A copy of these barge plans must 
be maintained ashore by either the barge owner or operator or the 
vessel's recognized classification society. The response plan must 
indicate the shore location and 24-hour access procedures of the 
following plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets, as available.
    (D) Tank tables; and
    (ii) Plans for offshore oil barges must identify the shore location 
and 24-hour access procedures for the computerized shore-based damage 
stability and residual structural strength calculation programs required 
by Sec. 155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from towing vessel personnel or 
tankermen to the shore-based spill management team.
    (3) The procedures for coordinating the actions of the barge owner 
or operator of qualified individual with the action of the predesignated 
Federal on-scene coordinator responsible for overseeing or directing 
those actions.
    (4) The organizational structure that will manage the barge owner or 
operator's response actions. This structure must include the following 
functional areas and must further include information for key components 
within each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Barge owner or operator.
    (2) Qualified individual and alternate qualified individual for the 
tank barge's area of operation.
    (3) Applicable insurance representatives or surveyors for the 
barge's area(s) of operation.
    (4) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the spill 
scenarios identified in paragraph (j)(5) of this section for the 
barges's area(s) of operation.
    (5) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Sec. Sec. 
155.1050(l), 155.1052(g), 155.1230(g), and 155.2230(g), as applicable

[[Page 422]]

to the type of service of the barge(s); and
    (ii) The required salvage and fire fighting required by Sec. Sec. 
155.1050(k), 155.1052(e), 155.1230(e), and 155.2230(e), as applicable to 
the type of service of the barge(s).
    (6) Person(s) to notify for activation of the spill management team 
for the spill response scenarios identified in paragraph (j)(5) of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response plan must 
address the training procedures and programs of the barge owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the barge owner or operator 
to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revisions amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the barge owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) On board notification checklist and emergency procedures. This 
portion of the response plan must be maintained in the documentation 
container aboard the unmanned barge. The owner or operator of an 
unmanned tank barge subject to this section shall provide the personnel 
of the towing vessel, fleeting area, or facility that the barge may be 
moored at with the information required by this paragraph and the 
responsibilities that the plan indicates will be carried out by these 
personnel. The on board notification checklist and emergency procedures 
must include--
    (1) The toll-free number of the National Response Center;
    (2) The name and procedures for contacting a primary qualified 
individual and at least one alternate on a 24-hour basis;
    (3) The name, address, and procedure for contacting the vessel's 
owner or operator on a 24-hour basis;
    (4) The list of information to be provided in the notification by 
the reporting personnel;
    (5) A statement of responsibilities of and actions to be taken by 
reporting personnel after an oil discharge or substantial threat of such 
discharge; and
    (6) The information contained in paragraph (c)(1) of this section.
    (j) Geographic-specific appendices for each COTP zone in which a 
tank barge operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:
    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the barge intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which the barge operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means and the spill management team to provide the response resources 
necessary to respond to the following spill scenarios:
    (i) An average most probable discharge.
    (ii) A maximum most probable discharge.
    (iii) A worst case discharge to the maximum extent practicable.
    (6) The organization(s) identified to meet the provisions of 
paragraph (j)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the provisions of Sec. Sec. 
155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources 
of trained personnel to continue operation of the equipment and staff 
the oil spill removal organization(s) and spill management team 
identified for the first seven days of the response.
    (7) The appendix must list the response resources and related 
information required under Sec. Sec. 155.1050, 155.1052,

[[Page 423]]

155.1230, 155.2230, and Appendix B of this part, as appropriate.
    (8) If the oil spill removal organization(s) providing the necessary 
response resources has been evaluated by the Coast Guard and their 
capability has been determined to equal or exceed the response 
capability needed by the vessel, the appendix may identify only the 
organization and their applicable classification and not the information 
required in paragraph (j)(7) of this section.
    (9) The appendix must also separately list the companies identified 
to provide the salvage, barge firefighting, lightering, and if 
applicable, dispersant capabilities required in this subpart.
    (k) Appendices for barge-specific information. Because many of the 
tank barges covered by a response plan may be of the same design, this 
information does not need to be repeated provided the plan identifies 
the tank barges to which the same information would apply. The 
information must be part of the response plan unless specifically noted. 
This section must include for each barge covered by the plan the 
following information:
    (1) List of the principal characteristics of the vessel.
    (2) Capacities of all cargo, fuel, lube oil, and ballast tanks.
    (3) The total volumes and cargo group(s) of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks aboard the barge.
    (5) General arrangement plan (can be maintained separately providing 
that the location is identified).
    (6) Midships section plan (can be maintained separately providing 
that the location is identified).
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable 
(can be maintained separately providing that the location is 
identified).
    (8) Damage stability data, if applicable.
    (9) Location of cargo and fuel stowage plan for barge(s) (normally 
maintained separately).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the barge. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.



Sec. 155.1045  Response plan requirements for vessels carrying oil as 
a secondary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and IMO international number (if applicable). If the plan covers 
multiple vessels, this information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner or operator on a 24-hour basis;
    (3) A list of COTP zones in which the vessel intends to handle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page used to record information on plan 
updates or revisions.
    (6) As required in paragraph (c) of this section, the vessel owner 
or operator must list in his or her plan the total volume of oil carried 
in bulk as cargo.
    (i) For vessels that transfer a portion of their fuel as cargo, 25 
percent of the fuel capacity of the vessel plus the capacity of any oil 
cargo tank(s) will be assumed to be the cargo volume for determining 
applicable response plan requirements unless the vessel owner or 
operator indicates otherwise.
    (ii) A vessel owner or operator can use a volume less than 25 
percent if he or she submits historical data with the plan that 
substantiates the transfer of a lower percentage of its fuel capacity 
between refuelings.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:

[[Page 424]]

    (1) A checklist with all notifications, including telephone or other 
contact numbers, in the order of priority to be made by shipboard or 
shore-based personnel and the information required for those 
notifications. Notifications must include those required by--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of discharge of oil. If notifications vary due to 
vessel location, the person(s) to be notified also must be identified in 
a geographic-specific appendix. This section must separately identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual and 
alternate qualified individual.
    (4) Descriptions of the primary and, if available, secondary 
communication methods by which the notifications will be made, 
consistent with the requirements in paragraph (b)(1) of this section.
    (5) The information that is to be provided in the initial and any 
follow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for Ship Reporting Systems and 
Ship Reporting Requirements.'' It must include at least the following 
information:
    (A) Vessel name, country of registry, call sign, IMO international 
number (if applicable), and official number (if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage (e.g., 
grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged or 
threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and the 
movement of the ship.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must identify the vessel's total volumes of oil carried in 
bulk as cargo and meet the applicable requirements of this paragraph as 
in paragraph (a)(6) of this section.
    (1) For vessels carrying 100 barrels or less of oil in bulk as 
cargo, the plan must include a basic emergency action checklist for 
vessel personnel including notification and actions to be taken to 
prevent or mitigate any discharge or substantial threat of such a 
discharge of oil from the vessel.
    (2) For vessels carrying over 100 barrels of oil but not exceeding 
5,000 barrels of oil in bulk as cargo, the plan must include--
    (i) Detailed information on actions to be taken by vessel personnel 
to prevent

[[Page 425]]

or mitigate any discharge or substantial threat of such a discharge of 
oil from the vessel due to operational activities or casualties;
    (ii) Detailed information on damage control procedures to be 
followed by vessel personnel;
    (iii) Detailed procedures for internal or external transfer of oil 
in bulk as cargo in an emergency; and
    (iv) Procedures for use of any equipment carried aboard the vessel 
for spill mitigation.
    (3) For vessels carrying over 5,000 barrels of oil as a secondary 
cargo, the plan must provide the information required by Sec. 
155.1035(c) for shipboard spill mitigation procedures.
    (4) For all vessels, the plan must include responsibilities and 
actions to be taken by vessel personnel, if any, to initiate a response 
and supervise shore-based response resources.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator with the actions of the predesignated Federal on-scene 
coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities, duties, and functional job description for 
each oil spill management team member within the organizational 
structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals or organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Vessel owner or operator, and if applicable, charterer.
    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.
    (3) Vessel's local agent(s), if applicable, for the vessel's area of 
operation.
    (4) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (5) Person(s) within the identified oil spill removal 
organization(s) to notify for activation of the oil spill removal 
organization(s) identified under paragraph (i)(3) of this section for 
the vessel's area of operation.
    (6) Person(s) to notify for activation of the spill management team.
    (f) Training procedures. (1) This section of the response plan must 
address the training procedures and programs of the vessel owner or 
operator. The vessel owner or operator shall ensure that--
    (i) All personnel with responsibilities under the plan receive 
training in their assignments and refresher training as necessary, and 
participate in exercises required under paragraph (g) of this section. 
Documented work experience can be used instead of training; and
    (ii) Records of this training are maintained aboard the vessel, at 
the U.S. location of the spill management team, or with the qualified 
individual. The plan must specify where the records are located.
    (2) Nothing in this section relieves the vessel owner or operator 
from responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.

[[Page 426]]

    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the vessel owner or operator 
to evaluate the ability of vessel and shore-based personnel to perform 
their identified functions in the plan. The required exercise frequency 
for each category of vessel is as follows:
    (1) For vessels carrying 100 barrels or less of oil as cargo--
    (i) On board spill mitigation procedures and qualified individual 
notification exercises must be conducted annually; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted biennially.
    (2) For vessels carrying over 100 barrels and up to 5,000 barrels of 
oil in bulk as cargo--
    (i) On board emergency procedures and qualified individual 
notification exercises must be conducted quarterly; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted annually.
    (3) Vessels carrying over 5,000 barrels of oil in bulk as cargo must 
meet the exercise requirement of Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedures. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirement of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendix must include the following 
information or identify the location of such information within the 
plan:
    (1) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (2) Identification of the qualified individuals.
    (3) A list of the oil spill removal organization(s) and the spill 
management team(s) available to respond to the vessel's worst case oil 
discharge in each COTP zone in which a vessel operates. The oil spill 
removal organization(s) identified must be capable of commencing oil 
spill containment and on-water recovery within the response times listed 
for Tier 1 in Sec. 155.1050(g); providing temporary storage of 
recovered oil; and conducting shoreline protection and cleanup 
operations. An oil spill removal organization may not be identified in 
the plan unless the organization has provided written consent to being 
identified in the plan as an available resource.
    (j) Appendices for vessel-specific information. This section must 
include for each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics (i.e., length, 
beam, gross tonnage, etc.).
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) Cargo and fuel piping diagrams and pumping plan as applicable. 
These diagrams and plans can be maintained separately aboard the vessel 
providing the response plan identifies the location.
    (6) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or the equivalent, will meet 
this requirement. This information can be maintained separately on board 
the vessel, providing the response plan identifies the location.

[[Page 427]]



Sec. 155.1050  Response plan development and evaluation criteria for 
vessels carrying groups I through IV petroleum oil as a primary cargo.

    (a) The following criteria must be used to evaluate the operability 
of response resources identified in the response plan for the specified 
operating environment:
    (1) Table 1 of Appendix B of this part.
    (i) The criteria in Table 1 of Appendix B of this part are to be 
used solely for identification of appropriate equipment in a response 
plan.
    (ii) These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal vessel operations.
    (2) Limitations that are identified in the Area Contingency Plans 
for the COTP zones in which the vessel operates, including--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (b) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be identified in the 
applicable Area Contingency Plan. Reclassifications may be to--
    (1) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (2) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant wave height criteria for the 
less stringent operating environment during more than 35 percent of the 
year.
    (c) Response equipment must--
    (1) Meet or exceed the criteria listed in Table 1 of Appendix B of 
this part;
    (2) Be capable of functioning in the applicable operating 
environment; and
    (3) Be appropriate for the petroleum oil carried.
    (d) The owner or operator of a vessel that carries groups I through 
IV petroleum oil as a primary cargo shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, the response resources that will respond to a discharge up to the 
vessel's average most probable discharge.
    (1) For a vessel that carries groups I through IV petroleum oil as 
its primary cargo, the response resources must include--
    (i) Containment boom in a quantity equal to twice the length of the 
largest vessel involved in the transfer and capable of being deployed at 
the site of oil transfer operations--
    (A) Within 1 hour of detection of a spill, when the transfer is 
conducted between 0 and 12 miles from the nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline, based 
on an on-water speed of 5 knots, when the transfer is conducted over 12 
miles up to 200 miles from the nearest shoreline; and
    (ii) Oil recovery devices and recovered oil storage capacity capable 
of being at the transfer site--
    (A) Within 2 hours of the detection of a spill during transfer 
operations, when the transfer is conducted between 0 and 12 miles from 
the nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline, based 
on an on-water speed of 5 knots, when the transfer is conducted over 12 
miles up to 200 miles from the nearest shoreline.
    (2) For locations of multiple vessel transfer operations, a vessel 
may identify the same equipment as identified by other vessels, provided 
that each vessel has ensured access to the equipment through contract or 
other approved means. Under these circumstances, prior approval by the 
Coast Guard is not required for temporary changes in the contracted oil 
spill removal organization under Sec. 155.1070(c)(5).
    (3) The owner or operator of a vessel conducting transfer operations 
at a facility required to submit a response plan under 33 CFR 154.1017 
is required to plan for and identify the response resources required in 
paragraph (d)(1) of this section. However, the owner or operator is not 
required to ensure by contract or other means the availability of such 
resources.
    (e) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the

[[Page 428]]

availability of, through contract or other approved means, the response 
resources necessary to respond to a discharge up to the vessel's maximum 
most probable discharge volume.
    (1) These resources must be positioned such that they can arrive at 
the scene of a discharge within--
    (i) 12 hours of the discovery of a discharge in higher volume port 
areas and the Great Lakes;
    (ii) 24 hours of the discovery of a discharge in all rivers and 
canals, inland, nearshore and offshore areas; and
    (iii) 24 hours of the discovery of a discharge plus travel time from 
shore for open ocean areas.
    (2) The necessary response resources include sufficient containment 
boom, oil recovery devices, and storage capacity for any recovery of up 
to the maximum most probable discharge planning volume.
    (3) The response plan must identify the storage location, make, 
model, and effective daily recovery capacity of each oil recovery device 
that is identified for plan credit.
    (4) The response resources identified for responding to a maximum 
most probable discharge must be positioned to be capable of meeting the 
planned arrival times in this paragraph. The COTP with jurisdiction over 
the area in which the vessel is operating must be notified whenever the 
identified response resources are not capable of meeting the planned 
arrival times.
    (f) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
the response resources necessary to respond to discharges up to the 
worst case discharge volume of the oil cargo to the maximum extent 
practicable.
    (1) The location of these resources must be suitable to meet the 
response times identified for the applicable geographic area(s) of 
operation and response tier.
    (2) The response resources must be appropriate for--
    (i) The capacity of the vessel;
    (ii) Group(s) of petroleum oil carried as cargo; and
    (iii) The geographic area(s) of vessel operation.
    (3) The resources must include sufficient boom, oil recovery 
devices, and storage capacity to recover the planning volumes.
    (4) The response plan must identify the storage location, make, 
model, and effective daily recovery capacity of each oil recovery device 
that is identified for plan credit.
    (5) The guidelines in Appendix B of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (6) When determining response resources necessary to meet the 
requirements of this paragraph (f)(6), a portion of those resources must 
be capable of use in close-to-shore response activities in shallow 
water. The following percentages of the response equipment identified 
for the applicable geographic area must be capable of operating in 
waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    (7) Response resources identified to meet the requirements of 
paragraph (f)(6) of this section are exempt from the significant wave 
height planning requirements of Table 1 of Appendix B of this part.
    (g) Response equipment identified to respond to a worst case 
discharge must be capable of arriving on scene within the times 
specified in this paragraph for the applicable response tier in a higher 
volume port area, Great Lakes, and in other areas. Response times for 
these tiers from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Higher volume port area         12 hrs......  36 hrs......  60 hrs
 (except tankers in Prince
 William Sound covered by Sec.
   155.1135).
Great Lakes...................  18 hrs......  42 hrs......  66 hrs
All other rivers & canals,      24 hrs......  48 hrs......  72 hrs
 inland, nearshore, and
 offshore areas.
Open ocean (plus travel time    24 hrs+.....  48 hrs+.....  72 hrs+
 from shore).
------------------------------------------------------------------------


[[Page 429]]

    (h) For the purposes of arranging for response resources through 
contract or other approved means, response equipment identified for Tier 
1 plan credit must be capable of being mobilized and enroute to the 
scene of a discharge within 2 hours of notification. The notification 
procedures identified in the plan must provide for notification and 
authorization for mobilization of identified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (i) Response resources identified for Tier 2 and Tier 3 plan credit 
must be capable of arriving on scene within the time listed for the 
applicable tier.
    (j) The response plan for a vessel carrying group II or III 
persistent petroleum oils as a primary cargo that operates in areas with 
year-round pre-approval for dispersant use may request a credit against 
up to 25% of the on-water oil recovery capability for each worst case 
discharge tier necessary to meet the requirements of this subpart. To 
receive this credit, the vessel owner or operator shall identify in the 
response plan and ensure, through contract or other approved means, the 
availability of the dispersants and the necessary resources to apply 
those agents appropriate for the type of oil carried and to monitor the 
effectiveness of the dispersants. The extent of the credit will be based 
on the volumes of dispersant available to sustain operations at 
manufacturers' recommended dosage rates. Dispersant resources identified 
for plan credit must be capable of being on scene within 12 hours of 
discovery of a discharge.
    Note: Identification of these resources does not imply that they 
will be authorized for use. Actual authorization for use during a spill 
response will be governed by the provisions of the National Oil and 
Hazardous Substances Pollution Contingency Plan (40 CFR part 300) and 
the applicable Area Contingency Plan.
    (k)(1) The owner or operator of a vessel carrying groups I through 
IV petroleum oil as a primary cargo must identify in the response plan 
and ensure the availability of, through contract or other approved 
means, the following resources:
    (i) A salvage company with expertise and equipment.
    (ii) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel will operate.
    (2) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (k)(1) of this section capable of 
being deployed to the areas in which the vessel will operate. 
Provider(s) of these services may not be listed in the plan unless they 
have provided written consent to be listed in the plan as an available 
resource.
    (3) To meet this requirement in a response plan submitted for 
reapproval on or after February 18, 1998, the identified resources must 
be capable of being deployed to the port nearest to the area in which 
the vessel operates within 24 hours of notification.
    (l) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
certain response resources required by Sec. 155.1035(c)(5)(ii) or Sec. 
155.1040(c)(5)(i), as appropriate.
    (1) These resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) These resources must be capable of reaching the locations in 
which the vessel operates within the stated times following 
notification:
    (i) Inland (except tankers in Prince William Sound covered by Sec. 
155.1130), nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating on rivers and canals as defined in this 
subpart, the requirements of this paragraph (l)(3) may be met by listing 
resources capable of meeting the response times in paragraph (l)(2) of 
this section. Such resources may not be identified in a plan unless the 
response organization

[[Page 430]]

has provided written consent to be listed in a plan as an available 
resource.
    (m) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
response resources necessary to perform shoreline protection operations.
    (1) The response resources must include the quantities of boom 
listed in Table 2 of Appendix B of this part, based on the areas in 
which the vessel operates.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (n) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, an 
oil spill removal organization capable of effecting a shoreline cleanup 
operation commensurate with the quantity of emulsified petroleum oil to 
be planned for in shoreline cleanup operations.
    (1) The shoreline cleanup resources required must be determined as 
described in Appendix B of this part.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (o) Appendix B of this part sets out caps that recognize the 
practical and technical limits of response capabilities for which an 
individual vessel owner or operator can contract in advance. Table 6 in 
Appendix B lists the contracting caps that are applicable, as of 
February 18, 1993, and that are slated to apply on February 18, 1998. 
The owner or operator of a vessel carrying groups I through IV petroleum 
oil as a primary cargo, whose required daily recovery capacity exceeds 
the applicable contracting caps in Table 6, shall identify commercial 
sources of additional equipment equal to twice the cap listed for each 
tier or the amount necessary to reach the calculated planning volume, 
whichever is lower, to the extent that this equipment is available. The 
equipment so identified must be capable of arriving on scene no later 
than the applicable tier response times contained in Sec. 155.1050(g) 
or as quickly as the nearest available resource permits. A response plan 
must identify the specific sources, locations, and quantities of this 
additional equipment. No contract is required.
    (p) The Coast Guard will initiate a review of cap increases and 
other requirements contained within this subpart that are scheduled to 
be phased-in over time. Any changes in the requirements of this section 
will occur through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if the 
scheduled increase remains practicable, and will also establish a 
specific cap for 2003. The review will include--
    (i) Increases in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.
    (2) All scheduled future requirements will take effect unless the 
Coast Guard determines that they are not practicable. Scheduled changes 
will be effective on February 18, 1998 and 2003 unless the review of the 
additional requirements have not been completed by

[[Page 431]]

the Coast Guard. If this occurs, the changes will not be effective until 
90 days after publication of a Federal Register notice with the results 
of the review.

    Effective Date Note: By USCG-98-3417, 63 FR 7071, Feb. 12, 1998, 
Sec. 155.1050, paragraph (k)(3), was suspended from Feb. 12, 1998 until 
Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001, paragraph (k)(3) was 
suspended from Feb. 12, 2001 until Feb. 12, 2004. At 69 FR 3237, Jan. 
23, 2004, paragraph (k)(3) was suspended from Feb. 12, 2004 until Feb. 
12, 2007.



Sec. 155.1052  Response plan development and evaluation criteria for 
vessels carrying group V petroleum oil as a primary cargo.

    (a) Owners and operators of vessels that carry group V petroleum oil 
as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to discharges up to a 
worst case discharge of group V petroleum oils to the maximum extent 
practicable; and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    (b) Using the criteria in Table 1 of Appendix B of this part, an 
owner or operator of a vessel carrying group V petroleum oil as a 
primary cargo must ensure that any equipment identified in a response 
plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates. When evaluating the 
operability of equipment, the vessel owner or operator must consider 
limitations that are identified in the Area Contingency Plans for the 
COTP zones in which the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment, including--
    (1) Sonar, sampling equipment, or other methods for locating the oil 
on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing oil that may remain floating on the surface or to reduce 
spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oil from 
the bottom and shoreline; and
    (4) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of being deployed within 24 hours of 
discovery of a discharge to the port nearest the area where the vessel 
is operating. An oil spill removal organization may not be listed in the 
plan unless the oil spill removal organization has provided written 
consent to be listed in the plan as an available resource.
    (e) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means--
    (1) A salvage company with appropriate expertise and equipment; and
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of certain resources required by Sec. Sec. 
155.1035(c)(5)(ii) and 155.1040(c)(5)(i),

[[Page 432]]

as applicable, through contract or other approved means.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.

    Effective Date Note: By USCG-98-3417, 63 FR 7071, Feb. 12, 1998, 
Sec. 155.1052, the last sentence in paragraph (f) was suspended from 
Feb. 12, 1998 until Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001, the 
last sentence in paragraph (f) was suspended from Feb. 12, 2001 until 
Feb. 12, 2004. At 69 FR 3237, Jan. 23, 2004, the last sentence in 
paragraph (f) was suspended from Feb. 12, 2004 until Feb. 12, 2007.



Sec. 155.1055  Training.

    (a) A response plan submitted to meet the requirements of Sec. 
155.1035 must identify the training to be provided to persons having 
responsibilities under the plan, including members of the vessel crew, 
the qualified individual, and the spill management team. A response plan 
submitted to meet the requirements of Sec. 155.1040 must identify the 
training to be provided to the spill management team, the qualified 
individual, and other personnel in Sec. 155.1040 with specific 
responsibilities under the plan including tankermen and members of the 
towing vessel crew. The training program must differentiate between that 
training provided to vessel personnel and that training provided to 
shore-based personnel. Appendix C of this part provides additional 
guidance regarding training.
    (b) A vessel owner or operator shall ensure the maintenance of 
records sufficient to document this training and make them available for 
inspection upon request by the Coast Guard. Records must be maintained 
for 3 years following completion of training. The response plan must 
identify the location of training records, which must be--
    (1) On board the vessel;
    (2) With the qualified individual; or
    (3) At a U.S. location of the spill management team.
    (c) A vessel owner or operator may identify equivalent work 
experience which fulfills specific training requirements.
    (d) The vessel owner or operator shall ensure that any oil spill 
removal organization identified in a response plan to meet the 
requirements of this part maintains records sufficient to document 
training for the organization's personnel. These records must be 
available for inspection upon request by the Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (e) Nothing in this section relieves the vessel owner or operator 
from the responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.
    (f) A training plan may be prepared in accordance with Training 
Elements for Oil Spill Response to satisfy the requirements of this 
section.



Sec. 155.1060  Exercises.

    (a) A vessel owner or operator required by Sec. Sec. 155.1035 and 
155.1040 to have a response plan shall conduct exercise as necessary to 
ensure that the plan will function in an emergency. Both announced and 
unannounced exercises must be included. The following are the minimum 
exercise requirements for vessels covered by this subpart:
    (1) Qualified individual notification exercises, which must be 
conducted quarterly;

[[Page 433]]

    (2) Emergency procedures exercises, which must be conducted 
quarterly;
    (3) Shore-based spill management team tabletop exercises, which must 
be conducted annually. In a triennial period, at least one of these 
exercises must include a worst case discharge scenario;
    (4) Oil spill removal organization equipment deployment exercises, 
which must be conducted annually; and
    (5) An exercise of the entire response plan, which must be conducted 
every 3 years. The vessel owner or operator shall design the exercise 
program so that all components of the response plan are exercised at 
least once every 3 years. All of the components do not have to be 
exercised at one time; they may be exercised over the 3-year period 
through the required exercises or through an area exercise.
    (b) Annually, at least one of the exercises listed in Sec. 
155.1060(a) (2) and (4) must be unannounced. An unannounced exercise is 
one in which the personnel participating in the exercise have not been 
advised in advance of the exact date, time, and scenario of the 
exercise.
    (c) A vessel owner or operator shall participate in unannounced 
exercises, as directed by the Coast Guard COTP. The objectives of the 
unannounced exercises will be to evaluate notifications and equipment 
deployment for responses to average most probable discharge spill 
scenarios outlined in vessel response plans. The unannounced exercises 
will be limited to four per area per year, an area being that geographic 
area for which a separate and distinct Area Contingency Plan has been 
prepared, as described in the Oil Pollution Act of 1990. After 
participating in an unannounced exercise directed by a COTP, the owner 
or operator will not be required to participate in another unannounced 
exercise for at least 3 years from the date of the exercise.
    (d) A vessel owner or operator shall participate in area exercises 
as directed by the applicable on-scene coordinator. The area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the exercise design team, of which the vessel owner or 
operator will be a member. After participating in an area exercise, a 
vessel owner or operator will not be required to participate in another 
area exercise for at least 6 years.
    (e) The vessel owner or operator shall ensure that adequate exercise 
records are maintained. The following records are required:
    (1) On board the vessel, records of the qualified individual 
notification exercises and the emergency procedures exercises. These 
exercises may be documented in the ship's log or may be kept in a 
separate exercise log.
    (2) At the United States' location of either the qualified 
individual, spill management team, the vessel owner or operator, or the 
oil spill removal organization, records of exercises conducted off the 
vessel. Response plans must indicate the location of these records.
    (f) Records described in paragraph (e) of this section must be 
maintained and available to the Coast Guard for 3 years following 
completion of the exercises.
    (g) The response plan submitted to meet the requirements of this 
subpart must specify the planned exercise program. The plan shall detail 
the exercise program, including the types of exercises, frequencies, 
scopes, objectives, and the scheme for exercising the entire response 
plan every 3 years.
    (h) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the vessel response plan exercise 
requirements. These guidelines are available from the TASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, 
stock number USCG-X0241). Compliance with an alternative program that 
meets the requirements of paragraph (a) of this section and has been 
approved under Sec. 155.1065 will also satisfy the vessel response plan 
exercise requirements.

    Note to paragraph (h): The PREP guidelines are available online at 
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by 68 FR 37741, June 
25, 2003]

[[Page 434]]



Sec. 155.1062  Inspection and maintenance of response resources.

    (a) The owner or operator of a vessel required to submit a response 
plan under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations and best commercial practices; and
    (2) All inspections and maintenance are documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existence of records required under this section;
    (3) Verify that the records of inspection and maintenance reflect 
the actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, skimmers, 
vessels, and other major equipment listed or referenced in the plan and 
ensured available through the written consent of an oil spill removal 
organization, as described in the definition of ``contract or other 
approved means'' at Sec. 155.1020.



Sec. 155.1065  Procedures for plan submission, approval, requests for 
acceptance of alternative planning criteria, and appeal.

    (a) An owner or operator of a vessel to which this subpart applies 
shall submit one complete English language copy of a vessel response 
plan to Commandant (G-MOR), Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001. The plan must be submitted at least 60 days 
before the vessel intends to handle, store, transport, transfer, or 
lighter oil in areas subject to the jurisdiction of the United States.
    (b) The owner or operator shall include a statement certifying that 
the plan meets the applicable requirements of subparts D, E, F, and G of 
this part and shall include a statement indicating whether the vessel(s) 
covered by the plan are manned vessels carrying oil as a primary cargo, 
unmanned vessels carrying oil as a primary cargo, or vessels carrying 
oil as a secondary cargo.
    (c) If the Coast Guard determines that the plan meets all 
requirements of this subpart, the Coast Guard will notify the vessel 
owner or operator with an approval letter. The plan will be valid for a 
period of up to 5 years from the date of approval.
    (d) If the Coast Guard reviews the plan and determines that it does 
not meet all of the requirements, the Coast Guard will notify the vessel 
owner or operator of the response plan's deficiencies. The vessel owner 
or operator must then resubmit the revised plan, or corrected portions 
of the plan, within the time period specified in the written notice 
provided by the Coast Guard.
    (e) For those vessels temporarily authorized under Sec. 155.1025 to 
operate without an approved plan pending formal Coast Guard approval, 
the deficiency provisions of Sec. 155.1070(c), (d), and (e) will also 
apply.
    (f) When the owner or operator of a vessel believes that national 
planning criteria contained elsewhere in this part are inappropriate to 
the vessel for the areas in which it is intended to operate, the owner 
or operator may request acceptance of alternative planning criteria by 
the Coast Guard. Submission of a request must be made 90 days before the 
vessel intends to operate under the proposed alternative and must be 
forwarded to the COTP for the geographic area(s) affected.
    (g) An owner or operator of a United States flag vessel may meet the 
response plan requirements of Regulation 26 of MARPOL 73/78 and subparts 
D, E, F, and G of this part by stating in writing, according to the 
provisions of Sec. 155.1030(j), that the plan submitted is intended to 
address the requirements of both Regulation 26 of MARPOL 73/78 and the 
requirements of subparts D, E, F, and G of this part.
    (h) Within 21 days of notification that a plan is not approved, the 
vessel owner or operator may appeal that determination to the Assistant 
Commandant for Marine Safety, Security and Environmental Protection. 
This

[[Page 435]]

appeal must be submitted in writing to Commandant (G-M), Coast Guard, 
2100 Second Street SW., Washington, DC 20593-0001.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333, June 18, 2002]



Sec. 155.1070  Procedures for plan review, revision, amendment, and 
appeal.

    (a) A vessel response plan must be reviewed annually by the owner or 
operator.
    (1) This review must occur within 1 month of the anniversary date of 
Coast Guard approval of the plan.
    (2) The owner or operator shall submit any plan amendments to the 
Coast Guard for information or approval. Revisions to a plan must 
include a cover page that provides a summary of the changes being made 
and the pages being affected. Revised pages must further include the 
number of the revision and date of that revision.
    (3) Any required changes must be entered in the plan and noted on 
the record of changes page. The completion of the annual review must 
also be noted on the record of changes page.
    (b) The owner or operator of a vessel covered by subparts D, E, F, 
and G of this part shall resubmit the entire plan to the Coast Guard for 
approval--
    (1) Six months before the end of the Coast Guard approval period 
identified in Sec. 155.1065(c); and
    (2) Whenever there is a change in the owner or operator of the 
vessel, if that owner or operator provided the certifying statement 
required by Sec. 155.1065(b). If this change occurs, a new statement 
certifying that the plan continues to meet the applicable requirements 
of subparts D, E, F, and G of this part must be submitted.
    (c) Revisions or amendments to an approved response plan must be 
submitted for approval by the vessel's owner or operator whenever there 
is--
    (1) A change in the owner or operator of the vessel, if that owner 
or operator is not the one who provided the certifying statement 
required by Sec. 155.1065(b);
    (2) A change in the vessel's operating area that includes ports or 
geographic area(s) not covered by the previously approved plan. A vessel 
may operate in an area not covered in a previously approved plan upon 
receipt of written acknowledgment by the Coast Guard that a new 
geographic-specific appendix has been submitted for approval by the 
vessel's owner or operator and the certification required in Sec. 
155.1025(c) has been provided;
    (3) A significant change in the vessel's configuration that affects 
the information included in the response plan;
    (4) A change in the type of oil cargo carried aboard (oil group) 
that affects the required response resources, except as authorized by 
the COTP for purposes of assisting in an oil spill response activity;
    (5) A change in the identification of the oil spill removal 
organization(s) or other response related resource required by 
Sec. Sec. 155.1050, 155.1052, 155.1230, or 155.2230, as appropriate, 
except an oil spill removal organization required by Sec. 155.1050(d) 
which may be changed on a case by case basis for an oil spill removal 
organization previously classified by the Coast Guard which has been 
ensured available by contract or other approved means;
    (6) A significant change in the vessel's emergency response 
procedures;
    (7) A change in the qualified individual;
    (8) The addition of a vessel to the plan. This change must include 
the vessel-specific appendix required by this subpart and the owner or 
operator's certification required in Sec. 155.1025(c); or
    (9) Any other significant changes that affect the implementation of 
the plan.
    (d) Thirty days in advance of operation, the owner or operator shall 
submit any revision or amendments identified in paragraph (c) of this 
section. The certification required in Sec. 155.1065(b) must be 
submitted along with the revisions or amendments.
    (e) The Coast Guard may require a vessel owner or operator to revise 
a response plan at any time if it is determined that the response plan 
does not meet the requirements of this subpart. The Coast Guard will 
notify the vessel owner or operator in writing of any deficiencies and 
any operating restrictions. Deficiencies must be corrected

[[Page 436]]

and submitted for acceptance within the time period specified in the 
written notice provided by the Coast Guard or the plan will be declared 
invalid and any further storage, transfer, handling, transporting or 
lightering of oil in areas subject to the jurisdiction of the United 
States will be in violation of section 311(j)(5)(E) of the Federal Water 
Pollution Control Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).
    (f) A vessel owner or operator who disagrees with a deficiency 
determination may submit a petition for reconsideration to Assistant 
Commandant for Marine Safety, Security and Environmental Protection, 
Commandant (G-M), Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001 within the time period required for compliance 
or within 7 days from the date of receipt of the Coast Guard notice of a 
deficiency determination, whichever is less. After considering all 
relevant material presented, the Coast Guard will notify the vessel 
owner or operator of the final decision.
    (1) Unless the vessel owner or operator petitions for 
reconsideration of the Coast Guard's decision, the vessel's owner or 
operator must correct the response plan deficiencies within the period 
specified in the Coast Guard's initial determination.
    (2) If the vessel owner or operator petitions the Coast Guard for 
reconsideration, the effective date of the Coast Guard notice of 
deficiency determination may be delayed pending a decision by the Coast 
Guard. Petitions to the Coast Guard must be submitted in writing, via 
the Coast Guard official who issued the requirement to amend the 
response plan, within 5 days of receipt of the notice.
    (g) Except as required in paragraph (c) of this section, amendments 
to personnel and telephone number lists included in the response plan do 
not require prior Coast Guard approval.
    (h) The Coast Guard and all other holders of the response plan shall 
be advised of any revisions to personnel and telephone numbers and 
provided a copy of these revisions as they occur.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333, June 18, 2002]



  Subpart E_Additional Response Plan Requirements for Tankers Loading 
     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 
                            Authorization Act

    Source: CGD 91-034, 61 FR 1097, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1110  Purpose and applicability.

    (a) This subpart establishes oil spill response planning 
requirements for an owner or operator of a tanker loading cargo at a 
facility permitted under the Trans-Alaska Pipeline Authorization Act 
(TAPAA) (43 U.S.C. 1651 et seq.) in Prince William Sound, Alaska, in 
addition to the requirements of subpart D of this part. The requirements 
of this subpart are intended for use in developing response plans and 
identifying response resources during the planning process, they are not 
performance standards.
    (b) The information required in this subpart must be included in a 
Prince William Sound geographic-specific appendix to the vessel response 
plan required by subpart D of this part.



Sec. 155.1115  Definitions.

    Except as provided in this section, the definitions in Sec. 
155.1020 apply to this subpart.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
Entrance out to and encompassing Seal Rock.



Sec. 155.1120  Operating restrictions and interim operating authorization.

    The owner or operator of a tanker to which this subpart applies may 
not load cargo at a facility permitted under the Trans-Alaska Pipeline 
Authorization Act unless the requirements of this subpart and Sec. 
155.1025 have been met. The owner or operator of such a tanker shall 
certify to the

[[Page 437]]

Coast Guard that they have provided, through an oil spill removal 
organization required by Sec. 155.1125, the necessary response 
resources to remove, to the maximum extent practicable, a worst case 
discharge or a discharge of 200,000 barrels of oil, whichever is 
greater, in Prince William Sound, AK.



Sec. 155.1125  Additional response plan requirements.

    (a) The owner or operator of a tanker subject to this subpart shall 
include the requirements of this section in the Prince William Sound 
geographic-specific appendix required by subpart D of this part.
    (1) The response plan must include identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment, for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound--
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Consist of sufficient numbers of trained personnel with the 
necessary technical skills to remove, to the maximum extent practicable, 
a worst case discharge or a discharge of 200,000 barrels of oil, 
whichever is greater;
    (iv) Provide a plan for training sufficient numbers of additional 
personnel to remove, to the maximum extent practicable, a worst case 
discharge or a discharge of 200,000 barrels of oil, whichever is 
greater; and
    (v) Address the responsibilities required in Sec. 155.1035(d)(4).
    (2) The response plan must include exercise procedures that must--
    (i) Provide two exercises of the oil spill removal organization each 
year to ensure prepositioned equipment and trained personnel required 
under this subpart perform effectively;
    (ii) Provide for both announced and unannounced exercises; and
    (iii) Provide for exercises that test either the entire appendix or 
individual components.
    (3) The response plan must identify a testing, inspection, and 
certification program for the prepositioned response equipment required 
in Sec. 155.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load of all electrical motors, pumps, 
power packs, air compressors, internal combustion engines, and oil 
recovery devices; and
    (B) Removal of no less than one-third of required boom from storage 
annually, such that all boom will have been removed and examined within 
a period of 3 years;
    (ii) Records of equipment tests and inspection; and
    (iii) Use of an independent entity to certify that the equipment is 
on-site and in good operating condition and that required tests and 
inspections have been performed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) The response plan must identify and give the location of the 
prepositioned response equipment required in Sec. 155.1130 including 
the make, model, and effective daily recovery rate of each oil recovery 
resource.
    (b) The owner or operator shall submit to the COTP for approval, no 
later than September 30th of each calendar year, a schedule for the 
training and exercises required by the geographic-specific appendix for 
Prince William Sound for the following calendar year.
    (c) All records required by this section must be available for 
inspection by the Coast Guard and must be maintained for a period of 3 
years.



Sec. 155.1130  Requirements for prepositioned response equipment.

    The owner or operator of a tanker subject to this subpart shall 
provide the following prepositioned response equipment, located within 
Prince William Sound, in addition to that required by Sec. 155.1035:

[[Page 438]]

    (a) On-water recovery equipment with a minimum effective daily 
recovery capacity of 30,000 barrels, capable of being on scene within 6 
hours of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels, capable of being 
on scene within 6 hours of notification of a discharge.
    (c) Additional on-water recovery equipment with a minimum effective 
daily recovery capacity of 40,000 barrels capable of being on scene 
within 18 hours of notification of a discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material, capable of being on scene within 24 hours of notification of a 
discharge.
    (e) On-water oil recovery devices and storage equipment located in 
communities and at strategic locations.
    (f) For sufficient protection of the environment in the locations 
identified in Sec. 155.1125(a)(1)(ii)--
    (1) Boom appropriate for the specific locations;
    (2) Sufficient boats to deploy boom and sorbents;
    (3) Sorbents including booms, sweeps, pads, blankets, drums and 
plastic bags;
    (4) Personnel protective clothing and equipment;
    (5) Survival equipment;
    (6) First aid supplies;
    (7) Buckets, shovels, and various other tools;
    (8) Decontamination equipment;
    (9) Shoreline cleanup equipment;
    (10) Mooring equipment;
    (11) Anchored buoys at appropriate locations to facilitate the 
positioning of defensive boom; and
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.
    (g) For each oil-laden tanker, an escorting response vessel which is 
fitted with skimming and on board storage capabilities practicable for 
the initial oil recovery planned for a cleanup operation, as identified 
by the oil spill removal organization.
    (h) Lightering resources required in Sec. 155.1050(l) capable of 
arriving on scene within 6 hours of notification of a discharge.



Sec. 155.1135  Response plan development and evaluation criteria.

    For tankers subject to this subpart, the following response times 
must be used in determining the on-scene arrival time in Prince William 
Sound, for the response resources required by Sec. 155.1050:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Prince William Sound..........  12 hrs......  24 hrs......  36 hrs
------------------------------------------------------------------------



Sec. 155.1145  Submission and approval procedures.

    An appendix prepared under this subpart must be submitted and 
approved in accordance with Sec. 155.1065.



Sec. 155.1150  Plan revision and amendment procedures.

    An appendix prepared and submitted under this subpart must be 
revised and amended, as necessary, in accordance with Sec. 155.1070.



 Subpart F_Response plan requirements for vessels carrying animal fats 
                  and vegetable oils as a primary cargo

    Source: CGD 91-034, 61 FR 1098, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.1210  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo. The requirements of this subpart are intended 
for use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.1225  Response plan submission requirements.

    An owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo shall submit a response plan in accordance with 
the requirements of this subpart, and with all sections of subpart D of 
this part, except Sec. Sec. 155.1050 and 155.1052.

[[Page 439]]



Sec. 155.1230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry animal fats or 
vegetable oils as a primary cargo must provide information in their plan 
that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of animal fats or vegetable oils to the maximum extent 
practicable; and
    (2) Sources of the equipment and supplies necessary to contain, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the vessel operates using 
the criteria in Table 1 of Appendix B of this part. When evaluating the 
operability of equipment, the vessel owner or operator must consider 
limitations that are identified in the Area Contingency Plans for the 
COTP zones in which the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure, through contract or other approved means, the availability of 
required equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of animal fats or 
vegetable oils carried; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of animal fats or vegetable oils carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follows:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A
Great Lakes...................  18 hrs......  N/A.........  N/A
All other rivers and canals,    24 hrs......  N/A.........  N/A
 inland, nearshore, and
 offshore areaas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure the availability of the following resources through contract or 
other approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan, 
and ensure the availability of, through contract or other approved 
means, certain resources required by subpart D, Sec. 155.1035(c)(5)(ii) 
and Sec. 155.1040(c)(5)(i), as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and

[[Page 440]]

    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants suitable 
for animal fats and vegetable oils and that handles, stores, or 
transports animal fats or vegetable oils may request a credit for up to 
25 percent of the worst case planning volume set forth by subpart D of 
this part. To receive this credit, the vessel owner or operator must 
identify in the plan and ensure, by contract or other approved means, 
the availability of specified resources to apply the dispersants and to 
monitor their effectiveness. To extent of the credit will be based on 
the volumes of the dispersant available to sustain operations at the 
manufacturers' recommended dosage rates. Other spill mitigation 
techniques, including mechanical dispersal, may be identified in the 
response plan, provided they are in accordance with the NCP and the 
applicable ACP. Resources identified for plan credit should be capable 
of being on scene within 12 hours of a discovery of a discharge. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during the spill 
response will be governed by the provisions of the NCP and the 
applicable ACP.



  Subpart G_Response Plan Requirements for Vessels Carrying Other Non-
                    Petroleum Oils as a Primary Cargo

    Source: CGD 91-034, 61 FR 1099, Jan. 12, 1996, unless otherwise 
noted.



Sec. 155.2210  Purpose and applicability.

    This subpart establishes oil spill response planning requirements 
for an owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo. The requirements of this subpart are intended for 
use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.2225  Response plan submission requirements.

    An owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo shall submit a response plan in accordance with the 
requirements of this subpart, and with all sections of subpart D of this 
part, except Sec. Sec. 155.1050 and 155.1052.



Sec. 155.2230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry other non-petroleum 
oil as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to contain, 
recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must ensure that any equipment identified in a 
response plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates using the criteria in 
Table 1 of Appendix B of this part. When evaluating the operability of 
equipment, the vessel owner or operator must consider limitations that 
are identified in the Area Contingency Plans for the COTP zones in which 
the vessel operates, including--
    (1) Ice conditions;

[[Page 441]]

    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oil carried; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of other non-petroleum oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follow:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A
Great Lakes...................  18 hrs......  N/A.........  N/A
All other rivers and canals,    24 hrs......  N/A.........  N/A
 inland, nearshore, and
 offshore areas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan, and ensure 
the availability of, through contract or other approved means, certain 
resources required by subpart D of this part, Sec. 155.1035(c)(5)(ii) 
and Sec. 155.1040(c)(5)(i) of this part, as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils

[[Page 442]]

may request a credit for up to 25 percent of the worst case planning 
volume set forth by subpart D of this part. To receive this credit, the 
vessel owner or operator must identify in the plan and ensure, by 
contract or other approved means, the availability of specified 
resources to apply the dispersants and to monitor their effectiveness. 
The extent of the credit will be based on the volumes of the dispersant 
available to sustain operations at the manufacturers' recommended dosage 
rates. Identification of these resources does not imply that they will 
be authorized for use. Actual authorization for use during a spill 
response will be governed by the provisions of the NCP and the 
applicable ACP.

       Appendix A to Part 155--Specifications for Shore Connection

          [See Sec. Sec. 340, 350, 370 and 380 of this Part]
------------------------------------------------------------------------
              Item                    Description          Dimension
------------------------------------------------------------------------
1...............................  Outside diameter..  215 mm. (8 in.).
2...............................  Inside diameter...  According to pipe
                                                       outside diameter.
3...............................  Bolt circle         183 mm. (7 \3/16\
                                   diameter.           in.).
4...............................  Slots in flange...  6 holes 22 mm. (\7/
                                                       8\ in.) in
                                                       diameter shall be
                                                       equidistantly
                                                       placed on a bolt
                                                       circle of the
                                                       above diameter,
                                                       slotted to the
                                                       flange periphery.
                                                       The slot width is
                                                       to be 22 mm. (\7/
                                                       8\ in.).
5...............................  Flange thickness..  20 mm. (\3/4\
                                                       in.).
6...............................  Bolts and nuts....  6, each of 20 mm.
                                                       (\3/4\ in.) in
                                                       diameter and of
                                                       suitable length.
------------------------------------------------------------------------
The flange must be of steel having a flat face, with a gasket of
  oilproof material, and must be suitable for a service pressure of 6
  kg./cm.2 (85 p.s.i.).
The steel materials used must meet the material specifications of
  standard B16.5, Steel Pipe Flanges and Flanged Fittings of the
  American National Standards Institute. (See Sec. 154.106 of this
  chapter.)


[CGD 75-124, 45 FR 7176, Jan. 31, 1980]

  Appendix B to Part 155--Determining and Evaluating Required Response 
                   Resources for Vessel Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subparts D, 
E, F, and G of this part. These guidelines will be used by the vessel 
owner or operator in preparing the response plan and by the Coast Guard 
to review vessel response plans. Response plans submitted under subparts 
F and G of this part will be evaluated under the guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1 All equipment identified in a response plan must be capable of 
operating in the conditions expected in the geographic area in which a 
vessel operates. These conditions vary widely based on the location and 
season. Therefore, it is difficult to identify a single stockpile of 
response equipment that will function effectively in every geographic 
location.
    2.2 Vessels storing, handling, or transporting oil in more than one 
operating environment as indicated in Table 1 must identify equipment 
capable of successfully functioning in each operating environment. For 
example, vessels moving from the ocean to a river port must identify 
appropriate equipment designed to meet the criteria for transiting 
oceans, inland waterways, rivers, and canals. This equipment may be 
designed to operate in all of these environments or, more likely, 
different equipment may be designed for use in each area.
    2.3 When identifying equipment for response plan credit, a vessel 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix must be used for evaluating the operability 
in a given environment. These criteria reflect the general conditions in 
certain operating areas.
    2.4 Table 1 of this appendix lists criteria for oil recovery devices 
and boom. All other equipment necessary to sustain or support response 
operations in a geographic area must be designed to function in the same 
conditions. For example, boats which deploy or support skimmers or boom 
must be capable of being safely operated in the significant wave heights 
listed for the applicable operating environment. The Coast Guard may 
require documentation that the boom identified in a response plan meets 
the criteria in Table 1 of this appendix. Absent acceptable 
documentation, the Coast Guard may require that the boom be tested to 
demonstrate that it meets the criteria in Table 1 of this appendix. 
Testing must be in accordance with certain American Society for Testing 
Materials (ASTM) standards [ASTM F 715 (incorporated by reference, see 
Sec. 155.140) Standard Methods of Testing Spill Control Barrier 
Membrane Materials], or other tests approved by the Coast Guard.
    2.5 A vessel owner or operator must refer to the applicable Area 
Contingency Plan to determine if ice, debris, and weather-related 
visibility are significant factors in evaluating the operability of 
equipment. The Area

[[Page 443]]

Contingency Plan will also identify the average temperature ranges 
expected in a geographic area in which a vessel operates. All equipment 
identified in a response plan must be designed to operate within those 
conditions or ranges.
    2.6 The requirements of subparts D, E, F, and G of this part 
establish response resource mobilization and response times. The 
location that the vessel operates farthest from the storage location of 
the response resources must be used to determine whether the resources 
are capable of arriving on scene within the time required. A vessel 
owner or operator shall include the time for notification, mobilization, 
and travel time of resources identified to meet the maximum most 
probable discharge and Tier 1 worst case discharge requirements. For 
subparts D and E of this part, tier 2 and 3 resources must be notified 
and mobilized as necessary to meet the requirements for arrival on 
scene. An on-water speed of 5 knots and a land speed of 35 miles per 
hour is assumed, unless the vessel owner or operator can demonstrate 
otherwise.
    2.7 For subparts D and E of this part, in identifying equipment, the 
vessel owner or operator shall list the storage location, quantity, and 
manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For oil 
recovery devices, the effective daily recovery capacity, as determined 
using section 6 of this appendix, must be included. For boom, the 
overall boom height (draft plus freeboard) must be included. A vessel 
owner or operator is responsible for ensuring that identified boom has 
compatible connectors.
    2.8 For subparts F and G of this part, in identifying equipment, the 
vessel owner or operator shall list the storage location, quantity, and 
manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For 
boom, the overall boom height (draft plus freeboard) must be included. A 
vessel owner of operator is responsible for ensuring that identified 
boom has compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the 50-barrel average most probable discharge at 
the point of an oil transfer involving a vessel that carries oil as a 
primary cargo. The equipment must be designed to function in the 
operating environment at the point of oil transfer. These resources must 
include--
    3.1.1 Containment boom in a quantity equal to twice the length of 
the largest vessel involved in the transfer capable of being deployed 
within 1 hour of the detection of a spill at the site of oil transfer 
operations. If the transfer operation is more than 12 miles from shore, 
the containment boom must be deployed within 1 hour plus the travel time 
from the nearest shoreline at a speed of 5 knots.
    3.1.2 Oil recovery devices with an effective daily recovery capacity 
of 50 barrels or greater available at the transfer site within 2 hours 
of the detection of an oil discharge.
    3.1.3 Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to discharges up to the maximum most probable 
discharge volume for that vessel. The resources should be capable of 
containing and collecting up to 2,500 barrels of oil. All equipment 
identified must be designed to operate in the applicable operating 
environment specified in table 1 of this appendix.
    4.2 To determine the maximum most probable discharge volume to be 
used for planning, use the lesser of--
    4.2.1 2500 barrels; or
    4.2.2 10 percent of the total oil cargo capacity.
    4.3 Oil recovery devices necessary to meet the applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 12 hours of the discovery of a 
discharge in higher volume port areas and the Great Lakes, 24 hours in 
all other rivers and canals, inland, nearshore, and offshore areas, and 
24 hours plus travel time from shore in all open ocean areas.
    4.3.1 Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50% of the planning volume 
applicable for the vessel as determined in section 4.2 of this appendix. 
The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4 In addition to oil recovery capacity, the vessel owner or 
operator must identify in the response plan and ensure the availability 
of, through contract or other approved means, sufficient boom available 
within the required response times for oil connection and containment, 
and for protection of

[[Page 444]]

shoreline areas. While the regulation does not set required quantities 
of boom for oil collection and containment, the owner or operator of a 
vessel must still identify in a response plan and ensure, through 
contract or other approved means, the availability of the boom 
identified in the plan for this purpose.
    4.5 The plan must indicate the availability of temporary storage 
capacity to meet the requirements of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this requirement, the 
effective daily recovery capacity must be downgraded to the limits of 
the available storage capacity.
    4.6 The following is an example of a maximum most probable discharge 
volume planning calculation for equipment identification in a higher 
volume port area:
    The vessel's cargo capacity is 10,000 barrels, thus the planning 
volume is 10 percent or 1,000 barrels. The effective daily recovery 
capacity must be 50 percent of the planning volume, for 500 barrels per 
day. The ability of oil recovery devices to meet this capacity will be 
calculated using the procedures in section 6 of this appendix. Temporary 
storage capacity available on scene must equal twice the daily recovery 
capacity as indicated in section 9 of this appendix, or 1000 barrels per 
day. This figure would represent the information the vessel owner or 
operator would use to identify and ensure the availability of, through 
contract or other approved means, the required response resources. The 
vessel owner would also need to identify how much boom was available for 
use.

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the worst case discharge of oil cargo to the 
maximum extent practicable. Section 7 of this appendix describes the 
method to determine the required response resources.
    5.2 Oil spill recovery devices identified to meet the applicable 
worst case discharge planning volume must be located such that they can 
arrive at the scene of a discharge within the time specified for the 
applicable response tier listed in Sec. 155.1050(g).
    5.3 The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A vessel owner or operator shall identify 
the storage locations of all equipment that must be used to fulfill the 
requirements for each tier.
    5.4 A vessel owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
downgraded to the limits of the available storage capacity.
    5.5 When selecting response resources necessary to meet the response 
plan requirements, the vessel owner or operator must ensure that a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The following percentages of the 
on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    5.6 In addition to oil spill recovery devices and temporary storage 
capacity, a vessel owner or operator shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, sufficient boom that can arrive on scene within the required 
response times for oil containment and collection. The specific quantity 
of boom required for collection and containment will depend on the 
specific recovery equipment and strategies employed. Table 2 of this 
appendix lists the minimum quantities of additional boom required for 
shoreline protection that a vessel owner or operator shall identify in 
the response plan and ensure the availability of, through contract or 
other approved means.
    5.7 A vessel owner or operator shall also identify in the response 
plan and ensure, by contract or other approved means, the availability 
of an oil spill removal organization capable of responding to a 
shoreline cleanup operation involving the calculated volume of 
emulsified oil that might impact the affected shoreline. The volume of 
oil for which a vessel owner or operator should plan should be 
calculated through the application of factors contained in Tables 3 and 
4 of this appendix. The volume calculated from these tables is intended 
to assist the vessel owner or operator in identifying a contractor with 
sufficient resources. This planning volume is not used explicitly to 
determine a required amount of equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1 Oil recovery devices identified by a vessel owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These capacities must be to meet the applicable planning 
criteria for the average most probable discharge; maximum most probable 
discharge; and worst case discharge to the maximum extent practicable.
    6.2 For the purposes of determining the effective daily recovery 
capacity of oil recovery devices, the following method will be

[[Page 445]]

used. This method considers potential limitations due to available 
daylight, weather, sea state, and percentage of emulsified oil in the 
recovered material. The Coast Guard may assign a lower efficiency factor 
to equipment listed in a response plan if it determines that such a 
reduction is warranted.
    6.2.1 The following formula must be used to calculate the effective 
daily recovery capacity:

R=Tx24xE

R--Effective daily recovery capacity
T--Throughput rate in barrels per hour (nameplate capacity)
E--20% efficiency factor (or lower factor as determined by the Coast 
Guard)

    6.2.2 For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3 For belt or mop type devices, the throughput rate will be 
calculated using data provided by the manufacturer on the nameplate 
rated capacity for the device.
    6.2.4 Vessel owners or operators including in the response plan oil 
recovery devices whose throughput is not measurable using a pump 
capacity or belt or mop capacity may provide information to support an 
alternative method of calculation. This information must be submitted 
following the procedures in section 6.5 of this appendix.
    6.3 As an alternative to section 6.2 of this appendix, a vessel 
owner or operator may submit adequate evidence that a different 
effective daily recovery capacity should be applied for a specific oil 
recovery device. Adequate evidence is actual verified performance data 
in spill conditions or test using certain ASTM standards [ASTM F 631 
(incorporated by reference, see Sec. 155.140) Standard Method for 
Testing Full Scale Advancing Spill Removal Devices], or an equivalent 
test approved by the Coast Guard.
    6.3.1 The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R=DxU

R--Effective daily recovery capacity
D--Average Oil Recovery Rate in barrels per hour (Item 13.2.16 in ASTM F 
631; or actual performance data)
U--Hours per day that a vessel owner or operator can document capability 
to operate equipment under spill conditions. Ten hours per day must be 
used unless a vessel owner or operator can demonstrate that the recovery 
operation can be sustained for longer periods.

    6.4 A vessel owner or operator submitting a response plan shall 
provide data that supports the effective daily recovery capacities for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated throughput at the pump of 267 gallons per minute (gpm).

267 gpm=381 barrels per hour
R=381x24x.2=1,829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recovery rate 
is determined to be 220 gpm. The vessel owner or operator identifies 
sufficient resources available to support operations 12 hours per day.

220 gpm=314 barrels per hour
R=314x12=3,768 barrels per day

    A vessel owner or operator will be able to use the higher capacity 
if sufficient temporary oil storage capacity is available.
    6.5 Determinations of alternative efficiency factors under section 
6.2 or alternative effective daily recovery capacities under section 6.3 
of this appendix will be made by Commandant (G-MOR), Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593. Oil spill 
removal organizations or equipment manufacturers may submit required 
information on behalf of multiple vessel owners or operators.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1 A vessel owner or operator shall plan for a response to a 
vessel's worst case discharge volume of oil cargo. The planning for on-
water recovery must take into account a loss of some oil to the 
environment due to evaporations and natural dissipation, potential 
increases in volume due to emulsification, and the potential for deposit 
of some oil on the shoreline.
    7.2 The following procedures must be used to calculate the planning 
volume used by a vessel owner or operator for determining required on-
water recovery capacity:
    7.2.1 The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For 
vessels carrying mixed cargoes from different petroleum oil groups, each 
group must be calculated separately. This information is to be used with 
Table 3 of this appendix to determine the percentages of the total cargo 
volume to be used for removal capacity planning. This table divides the 
cargo volume into three categories: oil lost to the environment; oil 
deposited on the shoreline; and oil available for on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 4 of this appendix.
    7.2.3 The adjusted volume is multiplied by the on-water oil recovery 
resource mobilization factor found in Table 5 of this appendix

[[Page 446]]

from the appropriate operating area and response tier to determine the 
total on-water oil recovery capacity in barrels per day that must be 
identified or contracted for to arrive on scene within the applicable 
time for each response tier. Three tiers are specified. For higher 
volume port areas, the contracted tiers of resources must be located 
such that they can arrive on scene within 12, 36, and 60 hours of the 
discovery of an oil discharge. For the Great Lakes, these tiers are 18, 
42, and 66 hours. For rivers and canals, inland, nearshore, and 
offshore, these tiers are 24, 48, and 72 hours. For the open ocean area, 
these tiers are 24, 48, and 72 hours with an additional travel time 
allowance of 1 hour for every additional 5 nautical miles from shore.
    7.2.4 The resulting on-water recovery capacity in barrels per day 
for each tier is used to identify response resources necessary to 
sustain operations in the applicable geographic area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 3 of this appendix. A vessel owner or operator shall identify and 
ensure the availability of, through contract or other approved means, 
sufficient oil spill recovery devices to provide the effective daily oil 
recovery capacity required. If the required capacity exceeds the 
applicable cap described in Table 6 of this appendix, then a vessel 
owner or operator must contract only for the quantity of resources 
required to meet the cap, but shall identify sources of additional 
resources as indicated in Sec. 155.1050(o). The owner or operator of a 
vessel whose planning volume exceeded the cap in 1993 should plan for 
additional capacity to be under contract by 1998 or 2003, as 
appropriate. For a vessel that carries multiple groups of oil, the 
required effective daily recovery capacity for each group is calculated 
and summed before applying the cap.
    7.3 The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For a 
vessel carrying cargoes from different oil groups, each group must be 
calculated separately. Using this information, Table 3 of this appendix 
must be used to determine the percentages of the total cargo volume to 
be used for shoreline cleanup resource planning.
    7.3.2 The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2 of this appendix.
    7.3.3 The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.4 The following is an example of the procedure described above:
    A vessel with a 100,000 barrel capacity for 6 oil (specific 
gravity .96) will move from a higher volume port area to another area. 
The vessel's route will be 70 miles from shore.

Cargo carried: 100,000 bbls. Group IV oil Emulsification factor (from 
          Table 4 of this appendix): 1.4 Areas transited: Inland, 
          Nearshore, Offshore, Open ocean
Planned % on-water recovery (from Table 3 of this appendix):
    Inland 50%
    Nearshore 50%
    Offshore 40%
    Open ocean 20%
Planned % oil onshore recovery (from Table 3 of this appendix):
    Inland 70%
    Nearshore 70%
    Offshore 30%
    Open ocean 30%

General formula to determine planning volume:
(planning volume)=(capacity)x(% from Table 3 of this 
          appendix)x(emulsification factor from Table 4 of this 
          appendix)
Planning volumes for on-water recovery:
    Inland 100,000x.5x1.4=70,000 bbls
    Nearshore 100,000x.5x1.4=70,000 bbls
    Offshore 100,000x.4x1.4=56,000 bbls
    Open ocean 100,000x.2x1.4=28,000 bbls
Planning volumes for on shore recovery:
    Inland 100,000x.7x1.4=98,000 bbls
    Nearshore 100,000x.7x1.4=98,000 bbls
    Offshore 100,000x.3x1.4=42,000 bbls
    The vessel owner or operator must contract with a response resource 
capable of managing a 98,000-barrel shoreline cleanup in those areas 
where the vessel comes closer than 50 miles to shore.
    Determining required resources for on-water recovery for each tier 
using mobilization factors: (barrel per day on-water recovery 
requirements)=(on-water planning volume as calculated 
above)x(mobilization factor from Table 5 of this appendix).

------------------------------------------------------------------------
                                        Tier 1      Tier 2       Tier 3
------------------------------------------------------------------------
Inland/Nearshore 70,000........   x         .15         .25          .40
Offshore 56,000................   x         .10         .165         .21
Open ocean 28,000..............   x         .06         .10          .12
 
                        equals (barrels per day)
 
Inland/Nearshore...............  ...     10,500   17,500          28,000
Offshore.......................  ...      5,600    9,240          11,760

[[Page 447]]

 
Open ocean.....................  ...      1,680    2,800           3,360
------------------------------------------------------------------------

    Since the requirements for Tier 1 for inland and nearshore exceed 
the caps, the vessel owner would only need to contract for 10,000 
barrels per day for Tier 1. No additional equipment would be required to 
be identified because the required Tier 3 resources are below the Tier 3 
caps.
    10% of the on-water recovery capability for offshore, and 20% of the 
capability for inland/nearshore, for all tiers, must be capable of 
operating in water with a depth of 6 feet or less.
    The vessel owner or operator would also be required to identify or 
contract for quantities of boom identified in Table 2 of this appendix 
for the areas in which the vessel operates.

      8. Determining the Availability of High-Rate Response Methods

    8.1 Response plans for a vessel carrying group II or III persistent 
oil as a primary cargo that operates in an area with year-round pre-
approval for dispersant use may receive credit for up to 25 percent of 
their required on-water recovery capacity in that area for 1993 if the 
availability of these resources are ensured by contract or other 
approved means. For response plan credit, these resources must be 
capable of being on scene within 12 hours of the discovery of a 
discharge.
    8.2 To receive credit against any required on-water recovery 
capacity, a response plan must identify the locations of dispersant 
stockpiles, methods of transporting to a shoreside staging area, and 
appropriate aircraft or vessels to apply the dispersant and monitor its 
effectiveness at the scene of an oil discharge.
    8.2.1 Sufficient volumes of dispersants must be available to treat 
the oil at the dosage rate recommended by the dispersant manufacturer. 
Dispersants identified in a response plan must be on the National 
Contingency Plan Product Schedule maintained by the U.S. Environmental 
Protection Agency. (Some States have a list of approved dispersants and 
within State waters only they can be used.)
    8.2.2 Dispersant application equipment identified in a response plan 
for credit must be located such that it can be mobilized to shoreside 
staging areas to meet the time requirements in section 8.1 of this 
appendix. Sufficient equipment capacity and sources of appropriate 
dispersants must be identified to sustain dispersant operations for at 
least 3 days.
    8.2.3 Credit against on-water recovery capacity in pre-approved 
areas will be based on the ability to treat oil at a rate equivalent to 
this credit. For example, a 2,500 barrels per day credit against the 
10,000 barrels per day on-water Tier 1 cap would require the vessel 
owner or operator to demonstrate the ability to treat 2,500 barrels per 
day of oil at the manufacturer's recommended dosage rate. Assuming a 
dosage rate of 10:1, the plan would need to show stockpiles and sources 
of 750 barrels of dispersants that would be available on scene at a rate 
of 250 barrels per day and the ability to apply the dispersant at the 
daily rate for 3 days in the area in which the vessel operates. Similar 
data would need to be provided for any additional credit against Tier 2 
and 3 resources.
    8.3 In addition to the equipment and supplies required, a vessel 
owner or operator shall identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
Local and Area Contingency Plans.
    8.4 Identification of the resources for dispersant application does 
not imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by the 
provisions of the National Oil and Hazardous Substances Contingency Plan 
(40 CFR part 300) and the applicable Local or Area Contingency Plan.
    8.5 In addition to the credit identified above, a vessel owners or 
operators that operates in areas pre-approved for dispersant use may 
reduce their required on-water recovery cap increases for 1998 and 2003 
by up to 50% by identifying non-mechanical methods.
    8.6 The use of in-situ burning as a non-mechanical response method 
is still being studied. Because limitations and uncertainties remain for 
the use of this method, it may not be used to reduce required oil 
recovery capacity in 1993. Use of this or other alternative high-rate 
methods for a portion of the required cap increase in 1998 will be 
determined during the cap increase review in 1996.

    9. Additional Equipment Necessary to Sustain Response Operations

    9.1 A vessel owner or operator is responsible for ensuring that 
sufficient numbers of trained personnel, boats, aerial spotting 
aircraft, sorbent materials, boom anchoring materials, and other 
resources are a available to sustain response operations to completion. 
All such equipment must be suitable for use with the primary equipment 
identified in the response plan. A vessel owner or

[[Page 448]]

operator is not required to list these resources in the response plan, 
but shall certify their availability.
    9.2 A vessel owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery capacity required on scene. This temporary storage capacity may 
be reduced if a vessel owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant water, or the availability of alternative temporary storage or 
disposal locations in the area(s) the vessel will operate will reduce 
the overall volume of oily material storage requirements.
    9.3 A vessel owner or operator shall ensure that their planning 
includes the capability to arrange for disposal of recovered oil 
products. Specific disposal procedures will be addressed in the 
applicable Area Contingency Plan.

              Table 1--Response Resource Operating Criteria
                         [Oil Recovery Devices]
------------------------------------------------------------------------
                                             Significant Wave
                                                Height \1\
           Operating Environment            ------------------ Sea State
                                                  (feet)
------------------------------------------------------------------------
Rivers & Canals............................               <=1          1
Inland.....................................               <=3          2
Great Lakes................................               <=4        2-3
Ocean......................................               <=6        3-4
------------------------------------------------------------------------


                                                     [Boom]
----------------------------------------------------------------------------------------------------------------
                                                                                 Use
                                                    ------------------------------------------------------------
                   Boom Property                       Rivers &
                                                        Canals        Inland        Great Lakes        Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave 1, 2 Height (feet)................          <=1             <=3             <=4             <=6
Sea State..........................................            1               2             2-3             3-4
Boom height--in....................................         6-18           18-42           18-42  =42
    (draft plus freeboard)
Reserve Buoyancy to Weight Ratio...................          2:1             2:1             2:1      3:1 to 4:1
Total Tensile Strength--lbs........................        4,500       15-20,000       15-20,000  20,
                                                                                                             000
Skirt Fabric Tensile Strength--lbs.................          200             300             300             500
Skirt Fabric Tear Strength--lbs....................          100             100             100             125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the
  values listed in Table 1 for each operating environment.
\2\ Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the
  significant wave height planning requirement.


                                   Table 2--Shoreline Protection Requirements
----------------------------------------------------------------------------------------------------------------
                                                                       Boom             Availability hours
                                                                 -----------------------------------------------
                                                                    Ensured by
                            Location                                contract or    Higher volume
                                                                  other approved     port area      Other areas
                                                                    means (ft.)
----------------------------------------------------------------------------------------------------------------
                                                 Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean......................................................  ..............  ..............  ..............
Offshore........................................................          15,000              24              48
Nearshore/Inland/Great Lakes....................................          30,000              12              24
Rivers & Canals.................................................          25,000              12              24
-----------------------------------------------------------------
                                               Non-Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean......................................................  ..............  ..............  ..............
Offshore........................................................  ..............  ..............  ..............
Nearshore/Inland/Great Lakes....................................          10,000              12              24
Rivers & Canals.................................................          15,000              12              24
----------------------------------------------------------------------------------------------------------------


[[Page 449]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.000


[[Page 450]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.001


     Table 4--Emulsification Factors for Petroleum Oil Cargo Groups
 
 
------------------------------------------------------------------------
Non-persistent oil 72 G:
    Group I................................................          1.0
Persistent oil:
    Group II...............................................          1.8
    Group III..............................................          2.0

[[Page 451]]

 
    Group IV...............................................          1.4
------------------------------------------------------------------------


                          Table 5--On-Water Oil Recovery Resource Mobilization Factors
----------------------------------------------------------------------------------------------------------------
                                  Area                                       Tier 1       Tier 2        Tier 3
----------------------------------------------------------------------------------------------------------------
Rivers and Canals.......................................................          .30        .40             .60
Inland/Nearshore/Great Lakes............................................          .15        .25             .40
Offshore................................................................          .10        .165            .21
Ocean...................................................................          .06        .10             .12
----------------------------------------------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not incremental resources.


                              Table 6--Response Capability Caps by Geographic Area
----------------------------------------------------------------------------------------------------------------
                                                Tier 1                   Tier 2                   Tier 3
----------------------------------------------------------------------------------------------------------------
As of February 18, 1993:
All except rivers & canals & Great     10K bbls/day...........  20K bbls/day...........  40K bbls/day.
 Lakes.
Great Lakes..........................  5K bbls/day............  10K bbls/day...........  20K bbls/day.
Rivers & canals......................  1,500 bbls/day.........  3,000 bbls/day.........  6,000 bbls/day.
February 18, 1998:
All except rivers & canals & Great     12.5K bbls/day.........  25K bbls/day...........  50K bbls/day.
 Lakes.
Great Lakes..........................  6.35K bbls/day.........  12.5K bbls/day.........  25K bbls/day.
Rivers & canals......................  1,875 bbls/day.........  3,750 bbls/day.........  7,500 bbls/day.
February 18, 2003
All except rivers & canals & Great     TBD....................  TBD....................  TBD
 Lakes.
Great Lakes..........................  TBD....................  TBD....................  TBD
Rivers & canals......................  TBD....................  TBD....................  TBD
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined


[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; USCG-
2005-21531, 70 FR 36349, June 23, 2005]

 Appendix C to Part 155--Training Elements for Oil Spill Response Plans

                               1. General

    1.1 The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing the Oil Pollution Act of 1990, 
specifically included training as one of the sections required in a 
vessel or facility response plan. In reviewing submitted response plans, 
it has been noted that the plans often do not provide sufficient 
information in the training section of the plan for either the user or 
the reviewer of the plan. In some cases, plans simply state that the 
crew and others will be training in their duties and responsibilities, 
with no other information being provided. In other plans, information is 
simply given that required parties will receive the necessary worker 
safety training (HAZWOPER).
    1.2 The training section of the plan need not be a detailed course 
syllabus, but it must contain sufficient information to allow the user 
and reviewer (or evaluator) to have an understanding of those areas that 
are believed to be critical. Plans should identify key skill areas and 
the training that is required to ensure that the individual identified 
will be capable of performing the duties prescribed to them. It should 
also describe how the training will be delivered to the various 
personnel. Further, this section of the plan must work in harmony with 
those sections of the plan dealing with exercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix C is not all-inclusive and is 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section of a vessel 
response plan, some of the key elements that should be addressed are 
indicated in the following sections. Again, while it is not necessary 
that the comprehensive training program for the company be included in 
the response plan, it is necessary for the plan to convey the elements 
that define the program as appropriate.
    2.2 An effective spill response training program should consider and 
address the following:

[[Page 452]]

    2.2.1 Notification requirements and procedures.
    2.2.2 Communication system(s) used for the notifications.
    2.2.3 Procedures to mitigate or prevent any discharge or a 
substantial threat of a discharge of oil resulting from--
    2.2.3.1 Operational activities associated with internal or external 
cargo transfers;
    2.2.3.2 Grounding or stranding;
    2.2.3.3 Collision;
    2.2.3.4 Explosion or fire;
    2.2.3.5 Hull failure;
    2.2.3.6 Excessive list; or
    2.2.3.7 Equipment failure.
    2.2.4 Procedures and arrangements for emergency towing.
    2.2.5 When performing shipboard mitigation measures--
    2.2.5.1 Ship salvage procedures;
    2.2.5.2 Damage stability; and
    2.2.5.3 Hull stress considerations.
    2.2.6 Procedures for transferring responsibility for direction of 
response activities from vessel and facility personnel to the spill 
management team.
    2.2.7 Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
and activate such organizations.
    2.2.8 Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.9 Familiarity with the Area Contingency Plans.
    2.2.10 Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.11 Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.12 Responsibilities and authority of the qualified individual as 
described in the vessel response plan and company response organization.
    2.2.13 Responsibilities of designated individuals to initiate a 
response and supervise shore-based response resources.
    2.2.14 Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.15 Information on the cargoes handled by the vessel or facility, 
including familiarity with--
    2.2.15.1 Cargo material safety data sheets;
    2.2.15.2 Chemical characteristics of the cargo;
    2.2.15.3 Special handling procedures for the cargo;
    2.2.15.4 Health and safety hazards associated with the cargo; and
    2.2.15.5 Spill and firefighting procedures for the cargo.
    2.2.16 Occupational Safety and Health Administration requirements 
for worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the response plan, some further 
considerations are noted below (these points are raised simply as a 
reminder):
    3.1 The training program should focus on training provided to vessel 
personnel.
    3.2 An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring that 
training is tailored to the needs of the individuals involved in the 
program.
    3.3 An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4 The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individuals as 
specified in the response plan.
    3.5 Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the vessel response plan.
    3.6 Training may be delivered via a number of different means; 
including classroom sessions, group discussions, video tapes, self study 
workbooks, resident training courses, on-the-job training, or other 
means as deemed appropriate to ensure proper instruction.
    3.7 New employees should complete the training program prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some vessels and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their vessels.

[CGD 91-034, 61 FR 1107, Jan. 12, 1996]



PART 156_OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS--Table of Contents




        Subpart A_Oil and Hazardous Material Transfer Operations

Sec.
156.100 Applicability.
156.105 Definitions.
156.107 Alternatives.

[[Page 453]]

156.110 Exemptions.
156.111 Incorporation by reference.
156.112 Suspension order.
156.113 Compliance with suspension order.
156.115 Person in charge: Limitations.
156.118 Advance notice of transfer.
156.120 Requirements for transfer.
156.125 Discharge cleanup.
156.130 Connection.
156.150 Declaration of inspection.
156.160 Supervision by person in charge.
156.170 Equipment tests and inspections.

   Subpart B_Special Requirements for Lightering of Oil and Hazardous 
                            Material Cargoes

156.200 Applicability.
156.205 Definitions.
156.210 General.
156.215 Pre-arrival notices.
156.220 Reporting of incidents.
156.225 Designation of lightering zones.
156.230 Factors considered in designating lightering zones.

Subpart C_Lightering Zones and Operational Requirements for the Gulf of 
                                 Mexico

156.300 Designated lightering zones.
156.310 Prohibited areas.
156.320 Maximum operating conditions.
156.330 Operations.

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; 
E.O.11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee) 
are also issued under 46 U.S.C. 3703.



        Subpart A_Oil and Hazardous Material Transfer Operations



Sec. 156.100  Applicability.

    This subpart applies to the transfer of oil or hazardous material on 
the navigable waters or contiguous zone of the United States to, from, 
or within each vessel with a capacity of 250 barrels or more; except 
that, this subpart does not apply to transfer operations within a public 
vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 156.105  Definitions.

    Except as specifically stated in a section, the definitions in Sec. 
154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 156.107  Alternatives.

    (a) The COTP may consider and approve alternative procedures, 
methods, or equipment standards to be used by a vessel or facility 
operator in lieu of any requirements in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;
    (2) The vessel or facility operator submits a written request for 
the alternative at least 30 days before operations under the alternative 
are proposed, unless the COTP authorizes a shorter time; and
    (3) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request.
    (b) The COTP takes final approval or disapproval action on any 
alternative requested, in writing, within 30 days of receipt of the 
request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.110  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, acting for the Commandant, may grant an 
exemption or partial exemption from compliance with any requirement in 
this part, and the District Commander may grant an exemption or partial 
exemption from compliance with any operating condition or requirement in 
subpart C of this part, if:
    (1) The vessel or facility operator submits an application for 
exemption via the COTP at least 30 days before operations under the 
exemption are proposed, unless the COTP authorizes a shorter time; and
    (2) It is determined, from the application, that:
    (i) Compliance with a specific requirement is economically or 
physically impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
as a result of the exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information,

[[Page 454]]

including an environmental and economic assessment of the effects of and 
reasons for the exemption and proposed procedures, methods or equipment 
standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 93-081, 
60 FR 45017, Aug. 29, 1995; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 
93-056, 61 FR 41461, Aug. 8, 1996; CGD0 97-023, 62 FR 33364, June 19, 
1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]



Sec. 156.111  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of the change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Compliance (G-MOC), 2100 
Second Street, SW, Washington, DC 20593-0001 and at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are as follows:

            Oil Companies International Marine Forum (OCIMF)

    15th Floor, 96 Victoria Street, London SW1E 5JW, England.
    Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988--
156.330.

                    International Chamber of Shipping

    12 Carthusian Street, London EC1M 6EB, England.
    Guide to Helicopter/Ship Operations, Third Edition, 1989--156.330.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; 69 FR 18803, Apr. 9, 2004]



Sec. 156.112  Suspension order.

    The COTP or OCMI may issue a suspension order to suspend transfer 
operations to the vessel or facility operator when the COTP or OCMI 
finds there is a condition requiring action to prevent the discharge or 
threat of discharge of oil or hazardous material, or when the COTP or 
OCMI is unable to verify compliance with the regulations through an 
inspection. A suspension order:
    (a) May be effective immediately;
    (b) Is issued in writing unless it is effective immediately and then 
it may be issued orally and followed up in writing;
    (c) Includes a statement of each condition requiring correction to--
    (1) Prevent the discharge of oil or hazardous material; or
    (2) Comply with Sec. 154.735 of this chapter; and
    (d) Is withdrawn when the COTP, OCMI, or District Commander, as 
applicable, determines that the condition requiring action to prevent 
the discharge or threat of discharge of oil or hazardous material has 
been corrected or no longer exists.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.113  Compliance with suspension order.

    (a) No vessel or facility operator to whom a suspension order has 
been issued may conduct transfer operations from the time the order is 
effective until that order is withdrawn by the applicable COTP, OCMI, or 
by the District Commander.
    (b) The vessel or facility operator may request reconsideration of 
the suspension order either orally or in writing to the COTP or OCMI who 
issued it. The request may contain supporting documentation and evidence 
that the

[[Page 455]]

vessel or facility operator wishes to have considered.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the suspension 
order was issued. The appeal may contain supporting documentation and 
evidence that the appellant wishes to have considered. The appeal does 
not stay the effect of the suspension order while the COTP or OCMI 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal.
    (d) The ruling by the District Commander is final agency action.
    (e) If the delay in presenting a written appeal under paragraph (c) 
of this section would have a significant adverse impact on the 
appellant, the appeal may initially be presented orally. If an initial 
presentation of the appeal is made orally, the appellant must submit the 
appeal in writing within five days of the oral presentation to the 
District Commander to whom the oral appeal was made, containing, at a 
minimum the basis for the appeal and a summary of the material presented 
orally.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.115  Person in charge: Limitations.

    (a) No person may serve as the person in charge of transfer 
operations on more than one vessel at a time during transfers between 
vessels or between two or more vessels and a facility unless authorized 
by the COTP.
    (b) No person may serve as the person in charge of both a vessel and 
a facility during transfer operations unless authorized by the COTP.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.118  Advance notice of transfer.

    (a) The COTP may require a facility operator to notify the COTP of 
the time and place of each transfer operation at least 4 hours before it 
begins for facilities that:
    (1) Are mobile;
    (2) Are in a remote location;
    (3) Have a prior history of oil or hazardous material spills; or
    (4) Conduct infrequent transfer operations.
    (b) In the case of a vessel to vessel transfer, the COTP may require 
a vessel operator of a lightering or fueling vessel to notify the COTP 
of the time and place of each transfer operation, as specified by the 
COTP, at least 4 hours before it begins.
    (c) No person may conduct such transfer operations until advance 
notice has been given as specified by the COTP.
    Note: The notification may be accomplished by submitting a written 
schedule, periodically updated to be current.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.120  Requirements for transfer.

    A transfer is considered to begin when the person in charge on the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection, as required by Sec. 156.150 of this part. No 
person shall conduct an oil or hazardous material transfer operation 
unless:
    (a) The vessel's moorings are strong enough to hold during all 
expected conditions of surge, current, and weather and are long enough 
to allow adjustment for changes in draft, drift, and tide during the 
transfer operation;
    (b) Transfer hoses and loading arms are long enough to allow the 
vessel to move to the limits of its moorings without placing strain on 
the hose, loading arm, or transfer piping system;
    (c) Each hose is supported to prevent kinking or other damage to the 
hose and strain on its coupling.
    (d) Each part of the transfer system is aligned to allow the flow of 
oil or hazardous material;
    (e) Each part of the transfer system not necessary for the transfer 
operation is securely blanked or shut off;
    (f) The end of each hose and loading arm that is not connected for 
the

[[Page 456]]

transfer of oil or hazardous material is blanked off using the closure 
devices required by Sec. Sec. 154.520 and 155.805 of this chapter;
    (g) The transfer system is attached to a fixed connection on the 
vessel and the facility except that when a vessel is receiving fuel, an 
automatic back pressure shutoff nozzle may be used;
    (h) Each overboard discharge or sea suction valve that is connected 
to the vessel's transfer or cargo tank system is sealed or lashed in the 
closed position; except when used to receive or discharge ballast in 
compliance with 33 CFR Part 157;
    (i) Each transfer hose has no unrepaired loose covers, kinks, 
bulges, soft spots, or any other defect which would permit the discharge 
of oil or hazardous material through the hose material and no gouges, 
cuts, or slashes that penetrate the first layer of hose reinforcement 
(``reinforcement'' means the strength members of the hose, consisting of 
fabric, cord and/or metal);
    (j) Each hose or loading arm in use meets Sec. Sec. 154.500 and 
154.510 of this chapter, respectively;
    (k) Each connection meets Sec. 156.130;
    (l) Any monitoring devices required by Sec. 154.525 of this chapter 
are installed and operating properly;
    (m) The discharge containment equipment required by Sec. 154.545 of 
this chapter is readily accessible or deployed as applicable;
    (n) The discharge containment required by Sec. Sec. 154.530, 
155.310, and 155.320 of this chapter, as applicable, is in place and 
periodically drained to provide the required capacity;
    (o) Each drain and scupper is closed by the mechanical means 
required by Sec. 155.310;
    (p) All connections in the transfer system are leak free except that 
a component in the transfer system, such as the packing glands of a 
pump, may leak at a rate that does not exceed the capacity of the 
discharge containment provided during the transfer operation;
    (q) The communications required by Sec. Sec. 154.560 and 155.785 of 
this chapter are operable for the transfer operation;
    (r) The emergency means of shutdown required by Sec. Sec. 154.550 
and 155.780 of this chapter, as applicable, is in position and operable;
    (s) There is a person in charge on the transferring vessel or 
facility and the receiving vessel or facility except as otherwise 
authorized under Sec. 156.115;
    (t) Each person in charge required by paragraph (s) of this section:
    (1) Is at the site of the transfer operation and immediately 
available to the transfer personnel;
    (2) Has in his or her possession a copy of the facility operations 
manual or vessel transfer procedures, as appropriate; and
    (3) Conducts the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;
    (u) The personnel required, under the facility operations manual and 
the vessel transfer procedures, to conduct the transfer operation:
    (1) Are on duty; and
    (2) Conduct the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;
    (v) At least one person is at the site of the transfer operation who 
fluently speaks the language or languages spoken by both persons in 
charge;
    (w) The person in charge of the transfer on the transferring vessel 
or facility and the person in charge of it on the receiving vessel or 
facility have held a conference, to ensure that each person in charge 
understands--
    (1) The identity of the product to be transferred;
    (2) The sequence of transfer operations;
    (3) The transfer rate;
    (4) The name or title and location of each person participating in 
the transfer operation;
    (5) Details of the transferring and receiving systems including 
procedures to ensure that the transfer pressure does not exceed the 
maximum allowable working pressure (MAWP) for each hose assembly, 
loading arm and/or transfer pipe system;
    (6) Critical stages of the transfer operation;
    (7) Federal, state, and local rules that apply to the transfer of 
oil or hazardous material;
    (8) Emergency procedures;

[[Page 457]]

    (9) Discharge containment procedures;
    (10) Discharge reporting procedures;
    (11) Watch or shift arrangement;
    (12) Transfer shutdown procedures; and,
    (13) If the persons use radios, a predetermined frequency for 
communications during the transfer, agreed upon by both.
    (x) The person in charge of transfer operations on the transferring 
vessel or facility and the person in charge of transfer operations on 
the receiving vessel or facility agree to begin the transfer operation;
    (y) Between sunset and sunrise the lighting required by Sec. Sec. 
154.570 and 155.790 of this chapter is provided; and
    (z) For transfer operations between tank barges from sunset to 
sunrise, lighting is provided as described in Sec. 155.790 of this 
chapter.
    (aa) A transfer operation which includes collection of vapor emitted 
from a vessel's cargo tanks through a venting system not located on the 
vessel must have the following verified by the person in charge:
    (1) Each manual valve in the vapor collection system is correctly 
positioned to allow the collection of cargo vapor;
    (2) A vapor collection hose or arm is connected to the vessel's 
vapor connection;
    (3) The electrical insulating device required by Sec. 154.810(g) of 
this chapter or 46 CFR 39.40-3(c) is fitted between the facility vapor 
connection and the vessel vapor connection;
    (4) The initial loading rate and the maximum transfer rate are 
determined;
    (5) The maximum and minimum operating pressures at the facility 
vapor connection are determined;
    (6) The tank barge overfill control system, if installed, is 
connected to the facility, tested, and operating properly;
    (7) The following have been performed not more than 24 hours prior 
to the start of the transfer operation:
    (i) Each alarm and automatic shutdown system required by subpart E 
of part 154 of this chapter and 46 CFR part 39 has been tested and found 
to be operating properly, and
    (ii) Analyzers required by Sec. 154.820(a), Sec. 154.824 (d) and 
(e) of this chapter or 46 CFR 39.40-3(a) have been checked for 
calibration by use of a span gas;
    (8) Each vapor recovery hose has no unrepaired loose covers, kinks, 
bulges, soft spots, or any other defect which would permit the discharge 
of vapor through the hose material, and no external gouges, cuts, or 
slashes that penetrate the first layer of hose reinforcement; and
    (9) The oxygen content of the vessel's cargo tanks, if inerted, is 
at or below 8 percent by volume.
    (bb) If the transfer operation involves loading oil, as defined in 
Sec. 151.05 of this chapter, into a cargo tank, the overfill device 
required by Sec. 155.480 of this chapter is installed and operating 
properly.
    (cc) Smoking is not permitted in the facilities marine transfer area 
except in designated smoking areas.
    (dd) Welding, hot work operations and smoking are prohibited on 
vessels during the transfer of flammable or combustible materials, 
except that smoking may be permitted in accommodation areas designated 
by the master.
    (ee) Each tank level or pressure monitoring device required under 33 
CFR 155.490 must be activated and monitored whenever the tank is not 
actively being subjected to cargo operations.

(Approved by the Office of Management and Budget under control number 
2115-0506)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 90-
071a, 59 FR 53291, Oct. 21, 1994; CGD 93-056, 61 FR 41461, Aug. 8, 1996; 
CGD 79-116, 62 FR 25127, May 8, 1997; USCG-2001-9046, 67 FR 58524, Sept. 
17, 2002]



Sec. 156.125  Discharge cleanup.

    (a) Each person conducting the transfer operation shall stop the 
transfer operation whenever oil or hazardous material from any source is 
discharged:
    (1) In the transfer operation work area; or
    (2) Into the water or upon the adjoining shoreline in the transfer 
area.
    (b) Except as permitted under paragraph (c) of this section, no 
person may resume the transfer operation after it

[[Page 458]]

has been stopped under paragraph (a) of this section, unless:
    (1) Oil or hazardous material discharged in the transfer operation 
work area is cleaned up; and
    (2) Oil or hazardous material discharged into the water or upon the 
adjoining shoreline is cleaned up, or is contained and being cleaned up.
    (c) The COTP may authorize resuming the transfer operation if it is 
deemed appropriate.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.130  Connection.

    (a) Each person who makes a connection for transfer operations 
shall:
    (1) Use suitable material in joints and couplings to ensure a leak-
free seal;
    (2) Use a bolt in at least every other hole, and in no case less 
than four bolts, in each temporary bolted connection that uses a flange 
that meets American National Standards Institute (ANSI) standard flange 
requirements under Sec. 154.500(d)(2) of this chapter;
    (3) Use a bolt in each hole in each temporary bolted connection that 
uses a flange other than one that meets ANSI standards;
    (4) Use a bolt in each hole of each permanently connected flange;
    (5) Use bolts of the correct size in each bolted connection; and
    (6) Tighten each bolt and nut uniformly to distribute the load and 
sufficiently to ensure a leak free seal.
    (b) A person who makes a connection for transfer operations must not 
use any bolt that shows signs of strain or is elongated or deteriorated.
    (c) Except as provided in paragraph (d) of this section, no person 
may use a connection for transfer operations unless it is:
    (1) A bolted or full threaded connection; or
    (2) A quick-connect coupling acceptable to the Commandant.
    (d) No person may transfer oil or hazardous material to a vessel 
that has a fill pipe for which containment cannot practically be 
provided unless an automatic back pressure shutoff nozzle is used.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.150  Declaration of inspection.

    (a) No person may transfer oil or hazardous material to or from a 
vessel unless each person in charge, designated under Sec. Sec. 154.710 
and 155.700 of this chapter, has filled out and signed the declaration 
of inspection form described in paragraph (c) of this section.
    (b) No person in charge may sign the declaration of inspection 
unless he or she has determined by inspection, and indicated by 
initialling in the appropriate space on the declaration of inspection 
form, that the facility or vessel, as appropriate, meets Sec. 156.120.
    (c) The declaration of inspection may be in any form but must 
contain at least:
    (1) The name or other identification of the transferring vessel or 
facility and the receiving vessel or facility;
    (2) The address of the facility or location of the transfer 
operation if not at a facility;
    (3) The date and time the transfer operation is started;
    (4) A list of the requirements in Sec. 156.120 with spaces on the 
form following each requirement for the person in charge of the vessel 
or facility to indicate by initialling that the requirement is met for 
the transfer operation; and
    (5) A space for the date, time of signing, signature, and title of 
each person in charge during transfer operations on the transferring 
vessel or facility and a space for the date, time of signing, signature, 
and title of each person in charge during transfer operations on the 
receiving facility or vessel certifying that all tests and inspections 
have been completed and that they are both ready to begin transferring 
product; and
    (6) The date and time the transfer operation is completed.
    (d) The form for the declaration of inspection may incorporate the 
declaration-of-inspection requirements under 46 CFR 35.35-30.
    (e) The vessel and facility persons in charge shall each have a 
signed copy of

[[Page 459]]

the declaration of inspection available for inspection by the COTP 
during the transfer operation.
    (f) The operators of each vessel and facility engaged in the 
transfer operation shall retain a signed copy of the declaration of 
inspection on board the vessel or at the facility for at least 1 month 
from the date of signature.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996]



Sec. 156.160  Supervision by person in charge.

    (a) No person may connect or disconnect a hose, top off a tank, or 
engage in any other critical procedures during the transfer operation 
unless the person in charge, required by Sec. 156.120(s), supervises 
that procedure.
    (b) No person may start the flow of oil or hazardous material to or 
from a vessel unless instructed to do so by either person in charge.
    (c) No person may transfer oil or hazardous material to or from a 
vessel unless each person in charge is in the immediate vicinity and 
immediately available to the transfer personnel.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.170  Equipment tests and inspections.

    (a) Except as provided in paragraph (d) of this section, no person 
may use any equipment listed in paragraph (c) of this section for 
transfer operations unless the vessel or facility operator, as 
appropriate, tests and inspects the equipment in accordance with 
paragraphs (b), (c) and (f) of this section and the equipment is in the 
condition specified in paragraph (c) of this section.
    (b) During any test or inspection required by this section, the 
entire external surface of the hose must be accessible.
    (c) For the purpose of paragraph (a) of this section:
    (1) Each nonmetallic transfer hose must:
    (i) Have no unrepaired loose covers, kinks, bulges, soft spots or 
any other defect which would permit the discharge of oil or hazardous 
material through the hose material, and no gouges, cuts or slashes that 
penetrate the first layer of hose reinforcement as defined in Sec. 
156.120(i).
    (ii) Have no external deterioration and, to the extent internal 
inspection is possible with both ends of the hose open, no internal 
deterioration;
    (iii) Not burst, bulge, leak, or abnormally distort under static 
liquid pressure at least 1\1/2\ times the maximum allowable working 
pressure; and
    (iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of 
this section may be acceptable after a static liquid pressure test is 
successfully completed in the presence of the COTP. The test medium is 
not required to be water.
    (2) Each transfer system relief valve must open at or below the 
pressure at which it is set to open;
    (3) Each pressure gauge must show pressure within 10 percent of the 
actual pressure;
    (4) Each loading arm and each transfer pipe system, including each 
metallic hose, must not leak under static liquid pressure at least 1\1/
2\ times the maximum allowable working pressure; and
    (5) Each item of remote operating or indicating equipment, such as a 
remotely operated valve, tank level alarm, or emergency shutdown device, 
must perform its intended function.
    (d) No person may use any hose in underwater service for transfer 
operations unless the operator of the vessel or facility has tested and 
inspected it in accordance with paragraph (c)(1) or (c)(4) of this 
section, as applicable.
    (e) The test fluid used for the testing required by this section is 
limited to liquids that are compatible with the hose tube as recommended 
by the hose manufacturer.
    (f) The frequency of the tests and inspections required by this 
section must be:
    (1) For facilities, annually or not less than 30 days prior to the 
first transfer conducted past one year from the date of the last tests 
and inspections;
    (2) For a facility in caretaker status, not less than 30 days prior 
to the first transfer after the facility is removed from caretaker 
status; and

[[Page 460]]

    (3) For vessels, annually or as part of the biennial and mid-period 
inspections.
    (g) If a facility or vessel collects vapor emitted from a vessel 
cargo tank with a vapor control system, the system must not be used 
unless the following tests and inspections are satisfactorily completed:
    (1) Each vapor hose, vapor collection arm, pressure or vacuum relief 
valve, and pressure sensor is tested and inspected in accordance with 
paragraphs (b), (c), and (f) of this section;
    (2) Each remote operating or indicating device is tested for proper 
operation in accordance with paragraph (f) of this section;
    (3) Each detonation arrester required by Sec. 154.820, Sec. 
154.826(a), and Sec. 154.828(a) of this chapter or 46 CFR 39.40-3(d), 
and each flame arrester required by Sec. 154.826(a), Sec. 154.828 (a) 
and (c) of this chapter has been inspected internally within the last 
year, or sooner if operational experience has shown that frequent 
clogging or rapid deterioration is likely; and
    (4) Each hydrocarbon and oxygen analyzer required by Sec. 
154.820(a) and Sec. 154.824 (d) and (e) of this chapter or 46 CFR 
39.40-3(a) is calibrated:
    (i) Within the previous two weeks, or
    (ii) Within 24 hours prior to operation when the vapor control 
system is operated less frequently than once a week.
    (h) Upon the request of the owner or operator, the COTP may approve 
alternative methods of compliance to the testing requirements of 
paragraph (c) of this section if the COTP determines that the 
alternative methods provide an equal level of protection.

(Approved by the Office of Management and Budget under control number 
2115-0096)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 36256, Sept. 4, 1990; CGD 93-
056, 61 FR 41461, Aug. 8, 1996]



   Subpart B_Special Requirements for Lightering of Oil and Hazardous 
                            Material Cargoes

    Source: CGD 78-180, 49 FR 11172, Mar. 26, 1984, unless otherwise 
noted.



Sec. 156.200  Applicability.

    This subpart applies to each vessel to be lightered and each service 
vessel engaged in a lightering operation in the marine environment 
beyond the baseline from which the territorial sea is measured when the 
oil or hazardous material lightered is destined for a port or place 
subject to the jurisdiction of the U.S. This subpart does not apply to 
lightering operations involving public vessels, or to the dedicated 
response vessels and vessels of opportunity in accordance with the 
National Contingency Plan (40 CFR parts 9 and 300) when conducting 
response activities. These rules are in addition to the rules of subpart 
A of this part, as well as the rules in the applicable sections of parts 
151, 153, 155, 156, and 157 of this chapter.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.205  Definitions.

    (a) In addition to the terms defined in this section, the 
definitions in Sec. 154.105 of this chapter apply to this subpart and 
to subpart C.
    (b) As used in this subpart and subpart C:
    Lightering or Lightering operation means the transfer of a cargo of 
oil or a hazardous material in bulk from one vessel to another, 
including all phases of the operation from the beginning of the mooring 
operation to the departure of the service vessel from the vessel to be 
lightered, except when that cargo is intended only for use as fuel or 
lubricant aboard the receiving vessel.
    Marine environment means--
    (1) The navigable waters of the United States;
    (2) The waters of an area over which the United States asserts 
exclusive fishery management authority; and
    (3) The waters superadjacent to the Outer Continental Shelf of the 
United States.
    Service vessel means the vessel which receives a cargo of oil or a 
hazardous material from another vessel in a lightering operation.
    Vessel to be lightered means the vessel which transports a cargo of 
oil or a hazardous material to a place within the marine environment for 
transfer of that cargo to another vessel for further transport to a port 
or place subject to

[[Page 461]]

the jurisdiction of the United States. The term ``vessel to be 
lightered'' does not include drilling rigs, or offshore supply vessels 
transferring cargo intended for use as fuel or lubricant aboard the 
receiving vessel.
    Work includes any administrative duties associated with the vessel 
whether performed on board the vessel or onshore.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 90-052, 58 FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.210  General.

    (a) No vessel may transfer oil or hazardous materials in a port or 
place subject to the jurisdiction of the United States, if the cargo has 
been lightered from another vessel, unless:
    (1) The regulations in this subpart have been complied with;
    (2) Both the vessel to be lightered and service vessel have, on 
board, at the time of transfer, a valid Certificate of Inspection, 
Certificate of Compliance, or a Tank Vessel Examination Letter, as would 
have been required under 46 U.S.C. 3710 or 3711, had the transfer taken 
place in a port or place subject to the jurisdiction of the United 
States;
    (3) The delivering and receiving vessels have on board at the time 
of transfer, evidence that each vessel is operating in compliance with 
section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)) and applicable regulations issued under the authority of 
section 311(j) in the form of a Declaration of Inspection as required by 
Sec. 156.150 and a vessel response plan if required under part 155 of 
this chapter; and

    Note: Under 46 U.S.C. 3715, the delivering and receiving vessels 
must have on board at the time of transfer, a Certificate of Financial 
Responsibility that would be required if the transfer had taken place in 
a location subject to the jurisdiction of the U.S. Regulations 
concerning Certificates of Financial Responsibility for vessels using 
the navigable waters of the U.S. are in part 130 of this chapter.

    (4) The vessel to be lightered has on board, at the time of 
transfer, an International Oil Pollution Prevention (IOPP) Certificate 
or equivalent documentation of compliance with Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/
78), as would be required by Part 151 of this chapter for vessels in 
navigable waters of the United States. The IOPP Certificate or 
documentation of compliance shall be that prescribed by Sec. Sec. 
151.19 and 151.21 of this chapter, and shall be effective under the same 
timetable as specified in Sec. 151.19.
    (b) Lightering operations involving hazardous materials, other than 
oil, may be conducted only with the specific approval of the Commandant. 
A request to lighter hazardous materials, other than oil, must be 
submitted to Commandant (G-M) prior to the planned beginning of 
lightering operations. The request must include the information 
described in Sec. 156.215(a) to the extent known, for the initial 
transfer, and the estimated frequency of subsequent lightering 
operations. After the entry into force of Annex II to MARPOL 73/78, 
vessels lightering hazardous materials shall carry an International 
Pollution Prevention Certificate for the Carriage of Noxious Liquid 
Substances in Bulk (1973), if required by Annex II to MARPOL 73/78, or 
equivalent documentation of compliance with the annex.
    (c) In an emergency, the COTP, upon request, may authorize a 
deviation from any rule in this part if the COTP determines that its 
application will endanger persons, property, or the environment.
    (d) On vessels conducting lightering operations in a designated 
lightering zone, a licensed individual or seaman may not work, except in 
an emergency or a drill, more than 15 hours in any 24-hour period, or 
more than 36 hours in any 72-hour period, including the 24-hour and 72-
hour periods prior to commencing lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 29, 1984, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 90-052, 58 FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29, 1995; USCG-2002-12471, 67 FR 41333, June 18, 
2002]



Sec. 156.215  Pre-arrival notices.

    (a) The master, owner or agent of each vessel to be lightered must 
give at

[[Page 462]]

least 24 hours advance notice to the Captain of the Port nearest the 
lightering location or zone, prior to arrival in the lightering location 
or zone. This advance notice must include:
    (1) The vessel's name, call sign or official number, and registry:
    (2) The cargo type (if oil) or shipping name (if hazardous material) 
and approximate amount on board;
    (3) The number of transfers expected and the amount of cargo 
expected to be transferred during each transfer;
    (4) The lightering location or zone to be used;
    (5) The estimated time of arrival in the lightering location or 
zone;
    (6) The estimated duration of transfer operations; and
    (7) The name and destination of service vessel(s).
    (b) In the event the estimated time of arrival in the lightering 
location or zone changes by more than six hours, the Master, owner or 
agent of each vessel to be lightered must advise the Captain of the Port 
of this change as soon as possible.
    (c) Where lightering is conducted as a result of collision, 
grounding, tank rupture or any similar emergency, immediate notice must 
be given to the Captain of the Port.
    (d) In addition to the other requirements in this section, the 
master, owner, or agent of a vessel that requires a Tank Vessel 
Examination (TVE) or other special Coast Guard inspection in order to 
lighter in a designated lightering zone must request the TVE or other 
inspection from the cognizant Captain of the Port at least 72 hours 
prior to commencement of lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 90-052, 58 FR 
48437, Sept. 15, 1993; CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.220  Reporting of incidents.

    (a) An immediate report must be made to the nearest Captain of the 
Port, by the service vessel, if fire, explosion, collision, grounding or 
any similar emergency, which poses a threat to the vessels involved, 
occurs during lightering.
    (b) Any discharge of oil or hazardous material into the water shall 
be reported, by the service vessel, in accordance with the procedures 
specified in Sec. 151.15 of this chapter.



Sec. 156.225  Designation of lightering zones.

    The District Commander is delegated the authority to designate 
lightering zones and their operating requirements, where they are 
necessary for safety or environmental protection. When a lightering zone 
has been designated, lightering operations in a given geographic area 
may only be conducted within the designated lightering zone.



Sec. 156.230  Factors considered in designating lightering zones.

    The following factors are considered in designating a lightering 
zone:
    (a) The findings of the environmental analysis or, if prepared, the 
Environmental Impact Statement;
    (b) The proximity of the zone to:
    (1) Shipping lanes;
    (2) Vessel traffic schemes or vessel separation systems;
    (3) Anchorages;
    (4) Fixed structures;
    (5) Designated marine sanctuaries;
    (6) Commercial and recreational fishing areas;
    (7) Environmentally sensitive areas; and
    (8) Designated units of the National Park System, National Wild and 
Scenic Rivers System, National Wilderness Preservation System, 
properties included on the National Register of Historic Places and 
National Registry of Natural Landmarks, and National Wildlife Refuge 
System.
    (c) The traditional use of areas for lightering operations;
    (d) The normal weather and sea conditions in the areas, and their 
effect on lightering operations, and the fate of possible cargo 
discharges;
    (e) The depth of water and underwater obstructions that may 
adversely impact anchorages and clearance of vessels;
    (f) Other relevant safety, environmental, or economic data.

[[Page 463]]



Subpart C_Lightering Zones and Operational Requirements for the Gulf of 
                                 Mexico

    Source: CGD 93-081, 60 FR 45017, Aug. 29, 1995, unless otherwise 
noted.



Sec. 156.300  Designated lightering zones.

    The following lightering zones are designated in the Gulf of Mexico 
and are more than 60 miles from the baseline from which the territorial 
sea is measured:
    (a) Southtex--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
27[deg]40[min]00[sec],               93[deg]00[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]35[min]00[sec], thence to
28[deg]06[min]30[sec],               94[deg]35[min]00[sec], thence to
27[deg]21[min]00[sec],               96[deg]00[min]00[sec], thence to
26[deg]30[min]00[sec],               96[deg]00[min]00[sec], thence to
26[deg]30[min]00[sec],               93[deg]00[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)
    (b) Gulfmex No. 2--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
27[deg]53[min]00[sec],               89[deg]00[min]00[sec], thence to
27[deg]53[min]00[sec],               91[deg]30[min]00[sec], thence to
26[deg]30[min]00[sec],               91[deg]30[min]00[sec], thence to
26[deg]30[min]00[sec],               89[deg]00[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)
    (c) Offshore Pascagoula No. 2--lightering zone. This lightering zone 
and the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
29[deg]20[min]00[sec],               87[deg]00[min]00[sec], thence to
29[deg]12[min]00[sec],               87[deg]45[min]00[sec], thence to
28[deg]39[min]00[sec],               88[deg]00[min]00[sec], thence to
28[deg]00[min]00[sec],               88[deg]00[min]00[sec], thence to
28[deg]00[min]00[sec],               87[deg]00[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)
    (d) South Sabine Point--lightering zone. This lightering zone and 
the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
28[deg]30[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]44[min]00[sec],               93[deg]24[min]00[sec], thence to
28[deg]33[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               92[deg]38[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)



Sec. 156.310  Prohibited areas.

    Lightering operations are prohibited within the following areas in 
the Gulf of Mexico:
    (a) Claypile--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
28[deg]15[min]00[sec],               94[deg]35[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]35[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]33[min]00[sec],               94[deg]00[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)
    (b) Flower Garden--prohibited area. This prohibited area consists of 
the waters bounded by a line connecting the following points beginning 
at:

Latitude N.                          Longitude W.
27[deg]40[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]30[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]15[min]00[sec],               91[deg]30[min]00[sec], thence to
27[deg]40[min]00[sec],               91[deg]30[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)
    (c) Ewing--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points beginning at:

Latitude N.                          Longitude W.
27[deg]53[min]00[sec],               91[deg]30[min]00[sec], thence to
28[deg]15[min]00[sec],               91[deg]30[min]00[sec], thence to
28[deg]15[min]00[sec],               90[deg]10[min]00[sec], thence to
27[deg]53[min]00[sec],               90[deg]10[min]00[sec], and thence
                                      to the point of beginning.
 


(NAD 83)

[[Page 464]]



Sec. 156.320  Maximum operating conditions.

    Unless otherwise specified, the maximum operating conditions in this 
section apply to tank vessels operating within the lightering zones 
designated in this subpart.
    (a) A tank vessel shall not attempt to moor alongside another vessel 
when either of the following conditions exist:
    (1) The wind velocity is 56 km/hr (30 knots) or more; or
    (2) The wave height is 3 meters (10 feet) or more.
    (b) Cargo transfer operations shall cease and transfer hoses shall 
be drained when--
    (1) The wind velocity exceeds 82 km/hr (44 knots); or
    (2) Wave heights exceed 5 meters (16 feet).



Sec. 156.330  Operations.

    (a) Unless otherwise specified in this subpart, or when otherwise 
authorized by the cognizant Captain of the Port (COTP) or District 
Commander, the master of a vessel lightering in a zone designated in 
this subpart shall ensure that all officers and appropriate members of 
the crew are familiar with the guidelines in paragraphs (b) and (c) of 
this section and that the requirements of paragraphs (d) through (l) of 
this section are complied with.
    (b) Lightering operations should be conducted in accordance with the 
Oil Companies International Marine Forum Ship to Ship Transfer Guide 
(Petroleum), Second Edition, 1988, to the maximum extent practicable.
    (c) Helicopter operations should be conducted in accordance with the 
International Chamber of Shipping Guide to Helicopter/Ship Operations, 
Third Edition, 1989, to the maximum extent practicable.
    (d) The vessel to be lightered shall make a voice warning prior to 
the commencement of lightering activities via channel 13 VHF and 2182 
Khz. The voice warning shall include:
    (1) The names of the vessels involved;
    (2) The vessels' geographical positions and general headings;
    (3) A description of the operations;
    (4) The expected time of commencement and duration of the operation; 
and
    (5) Request for wide berth.
    (e) In the event of a communications failure between the lightering 
vessels or the respective persons-in-charge of the transfer, or an 
equipment failure affecting the vessel's cargo handling capability or 
ship's maneuverability, the affected vessel shall suspend lightering 
activities and shall sound at least five short, rapid blasts on the 
vessel's whistle. Lightering activities shall remain suspended until 
corrective action has been completed.
    (f) No vessel involved in a lightering operation may open its cargo 
system until the servicing vessel is securely moored alongside the 
vessel to be lightered.
    (g) If any vessel not involved in the lightering operation or 
support activities approaches within 100 meters of vessels engaged in 
lightering, the vessel engaged in lightering shall warn the approaching 
vessel by sounding a loud hailer, ship's whistle, or any other 
appropriate means.
    (h) Only a lightering tender, a supply boat, or a crew boat, 
equipped with a spark arrestor on its exhaust, or a tank vessel 
providing bunkers, may moor alongside a vessel engaged in lightering 
operations.
    (i) Lightering operations shall not be conducted within 1 nautical 
mile of offshore structures or mobile offshore drilling units.
    (j) No vessel engaged in lightering activities may anchor over 
charted pipelines, artificial reefs, or historical resources.
    (k) All vessels engaged in lightering activities shall be able to 
immediately maneuver at all times while inside a designated lightering 
zone. The main propulsion system must not be disabled at any time.
    (l) In preparing to moor alongside the vessel to be lightered, a 
service vessel shall not approach the vessel to be lightered closer than 
1000 meters unless the service vessel is positioned broad on the quarter 
of the vessel to be lightered. The service vessel must transition to a 
nearly parallel heading prior to closing to within 50 meters of the 
vessel to be lightered.

[[Page 465]]



PART 157_RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING 
TO TANK VESSELS CARRYING OIL IN BULK--Table of Contents




                            Subpart A_General

Sec.
157.01 Applicability.
157.02 Incorportion by reference.
157.03 Definitions.
157.04 Authorization of classification societies.
157.05 Performing calculations for this part.
157.06 Appeals.
157.07 Equivalents.

              Subpart B_Design, Equipment, and Installation

157.08 Applicability of Subpart B.
157.09 Segregated ballast.
157.10 Segregated ballast tanks and crude oil washing systems for 
          certain new vessels.
157.10a Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          vessels of 40,000 DWT or more.
157.10b Segregated ballast tanks, dedicated clean ballast tanks, and 
          special ballast arrangements for tank vessels transporting 
          Outer Continental Shelf oil.
157.10c Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          tankships of 20,000 to 40,000 DWT.
157.10d Double hulls on tank vessels.
157.11 Pumping, piping and discharge arrangements.
157.12 Cargo monitor and control system.
157.13 Designated observation area.
157.15 Slop tanks in tank vessels.
157.17 Oil residue (sludge) tank.
157.19 Cargo tank arrangement and size.
157.21 Subdivision and stability.
157.22 Intact stability requirements.
157.23 Cargo and ballast system information.
157.24 Submission of calculations, plans, and specifications.
157.24a Submission of calculations, plans, and specifications for 
          existing vessels installing segregated ballast tanks.

                       Subpart C_Vessel Operation

157.25 Applicability of subpart C.
157.26 Operation of a tank vessel in violation of regulations.
157.27 Discharges: Tank vessels carrying oil exclusively on rivers, 
          lakes, bays, sounds, and the Great Lakes, and seagoing tank 
          vessels of less than 150 gross tons.
157.28 Discharges from tank barges exempted from certain design 
          requirements.
157.29 Discharges: Seagoing tank vessels of 150 gross tons or more.
157.31 Discharges: Chemical additives.
157.33 Water ballast in fuel oil tanks.
157.35 Ballast added to cargo tanks.
157.37 Discharge of oily mixtures from oil cargoes.
157.39 Machinery space bilges.
157.41 Emergencies.
157.43 Discharges of clean and segregated ballast: Seagoing tank vessels 
          of 150 gross tons or more.
157.45 Valves in cargo or ballast piping system.
157.47 Information for master.
157.49 Instruction manual.

        Subpart D_Crude Oil Washing (COW) System on Tank Vessels

                                 General

157.100 Plans for U.S. tank vessels: Submission.
157.102 Plans for foreign tank vessels: Submission.
157.104 Scale models.
157.106 Letter of acceptance.
157.108 Crude Oil Washing Operations and Equipment Manual for U.S. tank 
          vessels: Submission.
157.110 Crude Oil Washing Operations and Equipment Manual for foreign 
          tank vessels: Submission.
157.112 Approved Crude Oil Washing Operations and Equipment Manual.
157.114 Crude Oil Washing Operations and Equipment Manual: Not approved.
157.116 Required documents: U.S. tank vessels.
157.118 Required documents: Foreign tank vessels.
157.120 Waiver of required documents.

                   Design, Equipment, and Installation

157.122 Piping, valves, and fittings.
157.124 COW tank washing machines.
157.126 Pumps.
157.128 Stripping system.
157.130 Crude oil washing with more than one grade of crude oil.
157.132 Cargo tanks: Hydrocarbon vapor emissions.
157.134 Cargo tank drainage.
157.136 Two-way voice communications.
157.138 Crude Oil Washing Operations and Equipment Manual.

                               Inspections

157.140 Tank vessel inspections.
157.142 Letter of acceptance: Inspections.
157.144 Tank vessels of the same class: Inspections.
157.146 Similar tank design: Inspections on U.S. tank vessels.

[[Page 466]]

157.147 Similar tank design: Inspections on foreign tank vessels.
157.148 COW system: Evidence for inspections.
157.150 Crude Oil Washing Operations and Equipment Manual: Recording 
          information after inspections.

                                Personnel

157.152 Person in charge of COW operations.
157.154 Assistant personnel.

                             COW Operations

157.155 COW operations: General.
157.156 COW operations: Meeting manual requirements.
157.158 COW operations: Changed characteristics.
157.160 Tanks: Ballasting and crude oil washing.
157.162 Crude oil washing during a voyage.
157.164 Use of inert gas system.
157.166 Hydrocarbon emissions.
157.168 Crew member: Main deck watch.
157.170 COW equipment: Removal.
157.172 Limitations on grades of crude oil carried.

         Subpart E_Dedicated Clean Ballast Tanks on Tank Vessels

                                 General

157.200 Plans for U.S. tank vessels: Submission.
157.202 Plans and documents for foreign tank vessels: Submission.
157.204 Letter of acceptance.
157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S. tank 
          vessels: Submission.
157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign tank 
          vessels: Submission.
157.210 Approved Dedicated Clean Ballast Tanks Operations Manual.
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not approved.
157.214 Required documents: U.S. tank vessels.
157.216 Required documents: Foreign tank vessels.
157.218 Dedicated clean ballast tanks: Alterations.

                          Design and Equipment

157.220 Dedicated clean ballast tanks: Standards.
157.222 Pump and piping arrangements.
157.224 Dedicated Clean Ballast Tanks Operations Manual.

                Dedicated Clean Ballast Tanks Operations

157.225 Dedicated clean ballast tanks operations: General.
157.226 Dedicated Clean Ballast Tanks Operations Manual: Procedures to 
          be followed.
157.228 Isolating Valves: Closed during a voyage.

            Subpart F_Exemption From   157.10a or   157.10c

157.300 Qualifications for exemptions under this part.
157.302 Applying for an exemption or requesting modification of an 
          exemption.
157.304 Shore-based reception facility: standards.
157.306 Granting, denying, or modifying an exemption.
157.308 Revocation of exemption: procedure and appeals.
157.310 Exempted vessels: operations.

Subpart G_Interim Measures for Certain Tank Vessels Without Double Hulls 
                         Carrying Petroleum Oils

157.400 Purpose and applicability.
157.410 Emergency lightering requirements for oil tankers.
157.415 Bridge resource management policy and procedures.
157.420 Vessel specific watch policy and procedures.
157.430 Enhanced survey requirements.
157.435 Vital systems surveys.
157.440 Autopilot alarm or indicator.
157.445 Maneuvering performance capability.
157.450 Maneuvering and vessel status information.
157.455 Minimum under-keel clearance.
157.460 Additional operational requirements for tank barges.

Subpart H_Interim Measures for Certain Tank Vessels Without Double Hulls 
                  Carrying Animal Fat or Vegetable Oil

157.500 Purpose and applicability.
157.510 Operational measures.

Subpart I_Interim Measures for Certain Tank Vessels Without Double Hulls 
                    Carrying Other Non-Petroleum Oil

157.600 Purpose and applicability.
157.610 Operational measures.

Appendix A to Part 157--Damage Assumptions, Hypothetical Outflows, and 
          Cargo Tank Size and Arrangements
Appendix B to Part 157--Subdivision and Stability Assumptions
Appendix C to Part 157--Procedure for Determining Distribution of 
          Segregated Ballast Tanks To Provide Protection Against Oil 
          Outflow in the Event of Grounding, Ramming, or Collision

[[Page 467]]

Appendix D to Part 157--Example of a Procedure for Dedicated Clean 
          Ballast Tanks Operations
Appendix E to Part 157--Specifications for the Design, Installation and 
          Operation of a Part Flow System for Control of Overboard 
          Discharges
Appendix F to Part 157--Guidelines and Specifications for Oil Discharge 
          Monitoring and Control Systems for Tankers
Appendix G to Part 157--Timetables for Application of Double Hull 
          Requirements

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 
1.46. Subparts G, H, and I are also issued under section 4115(b), Pub. 
L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.

    Source: CGD 74-32, 40 FR 48283, Oct. 14, 1975, unless otherwise 
noted.



                            Subpart A_General



Sec. 157.01  Applicability.

    (a) Unless otherwise indicated, this part applies to each vessel 
that carries oil in bulk as cargo and that is:
    (1) Documented under the laws of the United States (a U.S. vessel); 
or
    (2) Any other vessel that enters or operates in the navigable waters 
of the United States, or that operates, conducts ligtering under 46 
U.S.C. 3715, or receives cargo from or transfers cargo to a deepwater 
port under 33 U.S.C. 1501 et seq., in the United States Exclusive 
Economic Zone, as defined in 33 U.S.C. 2701(8).
    (b) This part does not apply to a vessel exempted under 46 U.S.C. 
2109 or 46 U.S.C. 3702.

[CGD 90-051, 57 FR 36238, Aug. 12, 1992, as amended by CGD 91-045, 61 FR 
39788, July 30, 1996]



Sec. 157.02  Incorportion by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Operating and 
Environmental Standards (G-MSO), 2100 Second Street SW., Washington, DC 
20593-0001, and at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html. All approved 
material is available from the sources indicated in paragraph (b) of 
this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are as follows:

International Maritime Organization (IMO)--4 Albert
 Embankment, London SE1 7SR, England.
    IMO Assembly Resolution A.601(15), Provision and Display     157.450
     of Manoeuvring Information on Board Ships, Annex
     sections 1.1, 2.3, 3.1, and 3.2 with appendices, adopted
     on 19 November 1987.....................................
    IMO Assembly Resolution A.744(18), Guidelines on the         157.430
     Enhanced Programme of Inspections During Surveys of Bulk
     Carriers and Oil Tankers, Annex B sections 1.1.3-1.1.4,
     1.2-1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with
     appendices, adopted 4 November 1993.....................
    IMO Assembly Resolution A.751(18), Interim Standards for     157.445
     Ship Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-
     4.2, and 5, adopted 4 November 1993 with Explanatory
     Notes in MSC/Circ. 644 dated 6 June 1994................
Oil Companies International Marine Forum (OCIMF)--15th Floor,
 96 Victoria Street, London, SW1E 5JW, England.
    International Safety Guide for Oil Tankers and Terminals,    157.435
     Fourth Edition, Chapters 6, 7, and 10, 1996.............
 


[CGD 91-045, 61 FR 39788, July 30, 1996; 61 FR 41685, Aug. 9, 1996; 69 
FR 18803, Apr. 9, 2004]

[[Page 468]]



Sec. 157.03  Definitions.

    Except as otherwise stated in a subpart:
    Amidships means the middle of the length.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals and not specifically identified elsewhere in this part.
    Ballast voyage means the voyage that a tank vessel engages in after 
it leaves the port of final cargo discharge.
    Breadth or B means the maximum molded breadth of a vessel in meters.
    Cargo tank length means the length from the forward bulkhead of the 
forwardmost cargo tanks, to the after bulkhead of the aftermost cargo 
tanks.
    Center tank means any tank inboard of a longitudinal bulkhead.
    Clean ballast means ballast which:
    (1) If discharged from a vessel that is stationary into clean, calm 
water on a clear day, would not--
    (i) Produce visible traces of oil on the surface of the water or on 
adjoining shore lines; or
    (ii) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shore lines; or
    (2) If verified by an approved cargo monitor and control system, has 
an oil content that does not exceed 15 p.m.
    Combination carrier means a vessel designed to carry oil or solid 
cargoes in bulk.
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Deadweight or DWT means the difference in metric tons between the 
lightweight displacement and the total displacement of a vessel measured 
in water of specific gravity 1.025 at the load waterline corresponding 
to the assigned summer freeboard.
    Dedicated clean ballast tank means a cargo tank that is allocated 
solely for the carriage of clean ballast.
    Domestic trade means trade between ports or places within the United 
States, its territories and possessions, either directly or via a 
foreign port including trade on the navigable rivers, lakes, and inland 
waters.
    Double bottom means watertight protective spaces that do not carry 
any oil and which separate the bottom of tanks that hold any oil within 
the cargo tank length from the outer skin of the vessel.
    Double hull means watertight protective spaces that do not carry any 
oil and which separate the sides, bottom, forward end, and aft end of 
tanks that hold any oil within the cargo tank length from the outer skin 
of the vessel as prescribed in Sec. 157.10d.
    Doubles sides means watertight protective spaces that do not carry 
any oil and which separate the sides of tanks that hold any oil within 
the cargo tank length from the outer skin of the vessel.
    Existing vessel means any vessel that is not a new vessel.
    Fleeting or assist towing vessel means any commercial vessel engaged 
in towing astern, alongside, or pushing ahead, used solely within a 
limited geographic area, such as a particular barge fleeting area or 
commercial facility, and used solely for restricted service, such as 
making up or breaking up larger tows.
    Foreign trade means any trade that is not domestic trade.
    From the nearest land means from the baseline from which the 
territorial sea of the United States is established in accordance with 
international law.
     Fuel oil means any oil used as fuel for machinery in the vessel in 
which it is carried.
    Inland vessel means a vessel that is not oceangoing and that does 
not operate on the Great Lakes.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant, divided by the speed 
of the vessel in knots at the same instant.
    Integrated tug barge means a tug and a tank barge with a mechanical 
system that allows the connection of the propulsion unit (the tug) to 
the stern of the cargo carrying unit (the tank barge) so that the two 
vessels function as a single self-propelled vessel.
    Large primary structural member includes any of the following:
    (1) Web frames.

[[Page 469]]

    (2) Girders.
    (3) Webs.
    (4) Main brackets.
    (5) Transverses.
    (6) Stringers.
    (7) Struts in transverse web frames when there are 3 or more struts 
and the depth of each is more than \1/15\ of the total depth of the 
tank.
    Length or L means the distance in meters from the fore side of the 
stem to the axis of the rudder stock on a waterline at 85 percent of the 
least molded depth measured from the molded baseline, or 96 percent of 
the total length on that waterline, whichever is greater. In vessels 
designed with drag, the waterline is measured parallel to the designed 
waterline.
    Lightweight means the displacement of a vessel in metric tons 
without cargo, fuel oil, lubricating oil, ballast water, fresh water, 
and feedwater in tanks, consumable stores, and any persons and their 
effects.
    Major conversion means a conversion of an existing vessel that:
    (1) Substantially alters the dimensions or carrying capacity of the 
vessel, except a conversion that includes only the installation of 
segregated ballast tanks, dedicated clean ballast tanks, a crude oil 
washing system, double sides, a double bottom, or a double hull;
    (2) Changes the type of vessel;
    (3) Substantially prolongs the vessel's service life; or
    (4) Otherwise so changes the vessel that it is essentially a new 
vessel, as determined by the Commandant (G-MOC).
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1
    New vessel means:
    (1) A U.S. vessel in domestic trade that:
    (i) Is constructed under a contract awarded after December 31, 1974;
    (ii) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after June 30, 1975;
    (iii) Is delivered after December 31, 1977; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1974;
    (B) In the absence of a contract, conversion is begun after June 30, 
1975; or
    (C) Conversion is completed after December 31, 1977; and
    (2) A foreign vessel or a U.S. vessel in foreign trade that:
    (i) Is constructed under a contract awarded after December 31, 1975;
    (ii) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after June 30, 1976;
    (iii) Is delivered after December 31, 1979; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1975;
    (B) In the absence of a contract, conversion is begun after June 30, 
1976; or
    (C) Conversion is completed after December 31, 1979.
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fat and vegetable oil.
    Oceangoing has the same meaning as defined in Sec. 151.05 of this 
chapter.
    Officer in charge of a navigational watch means any officer employed 
or engaged to be responsible for navigating or maneuvering the vessel 
and for maintaining a continuous vigilant watch during his or her 
periods of duty and following guidance set out by the master, 
international or national regulations, and company policies.
    Oil means oil of any kind or in any form including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil. This includes liquid hydrocarbons as well as 
animal and vegetable oils.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component

[[Page 470]]

of oil. The term ``oil cargo residue'' is also known as ``cargo oil 
residue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified, 
or liquid form, resulting from drainages, leakages, exhausted oil, and 
other similar occurrences from machinery spaces.
    Oil spill response vessel means a vessel that is exclusively 
dedicated to operations to prevent or mitigate environmental damage due 
to an actual or impending accidental oil spill. This includes a vessel 
that performs routine service as an escort for a tank vessel, but 
excludes a vessel that engages in any other commercial activity, such as 
the carriage of any type of cargo.
    Oil tanker means a vessel that is constructed or adapted primarily 
to carry crude oil or products in bulk as cargo. This includes a tank 
barge, a tankship, and a combination carrier, as well as a vessel that 
is constructed or adapted primarily to carry noxious liquid substances 
in bulk as cargo and which also carries crude oil or products in bulk as 
cargo.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily waste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks, including any 
oil cargo residue.
    Oily mixture means a mixture with any oil content.
    Other non-petroleum oil means an oil of any kind that is not 
petroleum oil, an animal fat, or a vegetable oil.
    Permeability of a space means the ratio of the volume within a space 
that is assumed to be occupied by water to the total volume of that 
space.
    Petroleum oil means petroleum in any form, including but not limited 
to, crude oil, fuel oil, sludge, oil residue, and refined products.
    Primary towing vessel means any vessel engaged in towing astern, 
alongside, or pushing ahead and includes the tug in an integrated tug 
barge. It does not include fleeting or assist towing vessels.
    Product means any liquid hydrocarbon mixture in any form, except 
crude oil, petrochemicals, and liquefied gases.
    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and fuel oil system and 
that is permanently allocated to the carriage of ballast.
    Slop tank means a tank specifically designated for the collection of 
cargo drainings, washings, and other oily mixtures.
    Tank means an enclosed space that is formed by the permanent 
structure of a vessel, and designed for the carriage of liquid in bulk.
    Tank barge means a tank vessel not equipped with a means of self-
propulsion.
    Tank vessel means a vessel that is constructed or adapted primarily 
to carry, or that carries, oil or hazardous material in bulk as cargo or 
cargo residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States. This does not include an 
offshore supply vessel, or a fishing vessel or fish tender vessel of not 
more than 750 gross tons when engaged only in the fishing industry.
    Tankship means a tank vessel propelled by mechanical power or sail.
    Vegetable oil means a non-petroleum oil or fat not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels, or fruits.
    Wing tank means a tank that is located adjacent to the side shell 
plating.

[CGD 96-026, 61 FR 33666, June 28, 1996; 61 FR 36786, July 12, 1996, as 
amended by CGD 91-045, 61 FR 39788, July 30, 1996; USCG-2000-7641, 66 FR 
55572, Nov. 2, 2001]



Sec. 157.04  Authorization of classification societies.

    (a) The Coast Guard may authorize any classification society (CS) to 
perform certain plan reviews, certifications, and inspections required 
by this part on vessels classed by that CS,

[[Page 471]]

except that only U.S. classification societies may be authorized to 
perform those plan reviews, inspections, and certifications for U.S. 
vessels.
    (b) If a CS desires authorization to perform the plan reviews, 
certifications, and inspections required under this part, it must submit 
to the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001, 
evidence from the governments concerned showing that they have 
authorized the CS to inspect and certify vessels on their behalf under 
the MARPOL 73/78.
    (c) The Coast Guard notifies the CS in writing whether or not it is 
accepted as an authorized CS. If authorization is refused, reasons for 
the refusal are included.
    (d) Acceptance as an authorized CS terminates unless the following 
are met:
    (1) The authorized CS must have each Coast Guard regulation that is 
applicable to foreign vessels on the navigable waters of the United 
States.
    (2) Each issue concerning equivalents to the regulations in this 
part must be referred to the Coast Guard for determination.
    (3) Copies of any plans, calculations, records of inspections, or 
other documents relating to any plan review, inspection, or 
certification performed to meet this part must be made available to the 
Coast Guard.
    (4) Each document certified under Sec. Sec. 157.116(a)(2), 
157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with the name or 
seal of the authorized CS.
    (5) A copy of the final documentation that is issued to each vessel 
that is certified under this part must be referred to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11625, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; 
USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.05  Performing calculations for this part.

    In this part, unless the context requires otherwise:
    (a) Formulas are in the International System of Units (SI);
    (b) Values used in those formulas must be in the International 
System of Units; and
    (c) Forward and after perpendiculars are located at the forward end 
and at the after end of the length. The forward perpendicular coincides 
with the foreside of the stem on the waterline on which the length of 
the vessel is measured.



Sec. 157.06  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard official who is 
responsible for that action.
    (b) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (a) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the action was 
taken. The appeal may contain supporting documentation and evidence that 
the appellant wishes to have considered. If requested, the District 
Commander may stay the effect of the action being appealed while the 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal submitted under this paragraph.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Assistant Commandant for Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard, Washington, DC 20593-0001. The appeal may 
contain supporting documentation and evidence that the appellant wishes 
to have considered. If requested, the Assistant Commandant for Marine 
Safety, Security and Environmental Protection may stay the effect of the 
action being appealed while the ruling is being reviewed. The Chief, 
Marine Safety, Security and Environmental Protection issues a ruling 
after reviewing the appeal submitted under this paragraph.
    (d) Any decision made by the Assistant Commandant for Marine Safety,

[[Page 472]]

Security and Environmental Protection under the procedure contained in 
paragraph (c) of this section is final agency action.
    (e) If the delay in presenting a written appeal would have a 
significant adverse impact on the appellant, the appeal under paragraph 
(b) or (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the oral presentation was made. The 
written appeal must contain, at a minimum the basis for the appeal and a 
summary of the material presented orally.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended by CGD 88-052, 53 
FR 25122, July 1, 1988; CGD 96-026, 61 FR 33667, 33668, June 28, 1996; 
CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, 
June 18, 2002]



Sec. 157.07  Equivalents.

    The Coast Guard may accept an equivalent, in accordance with the 
procedure in 46 CFR 30.15-1, of a design or an equipment to fulfill a 
requirement in this Part, except an operational method may not be 
substituted for a design or equipment requirement that is also required 
under the MARPOL 73/78.

[CGD 82-28, 50 FR 11625, Mar. 22, 1985, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



              Subpart B_Design, Equipment, and Installation



Sec. 157.08  Applicability of Subpart B.

    Note: An ``oil tanker'' as defined in Sec. 157.03 includes barges 
as well as self-propelled vessels.
    (a) Sections 157.10d and 157.11(g) apply to each vessel to which 
this part applies.
    (b) Sections 157.11 (a) through (f), 157.12, 157.15, 157.19(b)(3), 
157.33, and 157.37 apply to each vessel to which this part applies that 
carries 200 cubic meters or more of crude oil or products in bulk as 
cargo, as well as to each oceangoing oil tanker to which this part 
applies of 150 gross tons or more. These sections do not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (c) Section 157.21 applies to each oil tanker to which this part 
applies of 150 gross tons or more that is oceangoing or that operates on 
the Great Lakes. This section does not apply to a foreign vessel which 
remains beyond the navigable waters of the United States and does not 
transfer oil cargo at a port or place subject to the jurisdiction of the 
United States.
    (d) Sections in subpart B of 33 CFR part 157 that are not specified 
in paragraphs (a) through (c) of this section apply to each oceangoing 
oil tanker to which this part applies of 150 gross tons or more, unless 
otherwise indicated in paragraphs (e) through (m) of this section. These 
sections do not apply to a foreign vessel which remains beyond the 
navigable waters of the United States and does not transfer oil cargo at 
a port or place subject to the jurisdiction of the United States.
    (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not apply 
to a vessel, except an oil tanker, that carries less than 1,000 cubic 
meters of crude oil or products in bulk as cargo and which retains oily 
mixtures on board and discharges them to a reception facility.
    (f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do 
not apply to a tank vessel that carries only asphalt, carbon black 
feedstock, or other products with similar physical properties, such as 
specific gravity and cohesive and adhesive characteristics, that inhibit 
effective product/water separation and monitoring.
    (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, and 
157.23 do not apply to a tank barge that cannot ballast cargo tanks or 
wash cargo tanks while underway.
    (h) Sections 157.19 and 157.21 do not apply to a tank barge that is 
certificated by the Coast Guard for limited short protected coastwise 
routes if the barge is otherwise constructed and certificated for 
service exclusively on inland routes.
    (i) Section 157.09(d) does not apply to any:

[[Page 473]]

    (1) U.S. vessel in domestic trade that is constructed under a 
contract awarded before January 8, 1976;
    (2) U.S. vessel in foreign trade that is constructed under a 
contract awarded before April 1, 1977; or
    (3) Foreign vessel that is constructed under a contract awarded 
before April 1, 1977.
    (j) Sections 157.09 and 157.10a do not apply to a new vessel that:
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun after January 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and 
157.10b(b)(3) do not apply to tank barges.
    (l) Section 157.10b does not apply to tank barges if they do not 
carry ballast while they are engaged in trade involving the transfer of 
crude oil from an offshore oil exploitation or production facility on 
the Outer Continental Shelf of the United States.
    (m) Section 157.12 does not apply to a U.S. vessel that:
    (1) Is granted an exemption under Subpart F of this part; or
    (2) Is engaged solely in voyages that are:
    (i) Between ports or places within the United States, its 
territories or possessions;
    (ii) Of less than 72 hours in length; and
    (iii) At all times within 50 nautical miles of the nearest land.
    (n) Section 157.10d does not apply to:
    (1) A vessel that operates exclusively beyond the navigable waters 
of the United States and the United States Exclusive Economic Zone, as 
defined in 33 U.S.C. 2701(8);
    (2) An oil spill response vessel;
    (3) Before January 1, 2015--
    (i) A vessel unloading oil in bulk as cargo at a deepwater port 
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); 
or
    (ii) A delivering vessel that is off-loading oil in bulk as cargo in 
lightering activities--
    (A) Within a lightering zone established under 46 U.S.C. 3715(b)(5); 
and
    (B) More than 60 miles from the territorial sea base line, as 
defined in 33 CFR 2.05-10.
    (4) A vessel documented under 46 U.S.C., Chapter 121, that was 
equipped with a double hull before August 12, 1992;
    (5) A barge of less than 1,500 gross tons as measured under 46 
U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in or 
adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and 
waters tributary thereto and in the waters of the Aleutian Islands and 
the Alaskan Peninsula west of 155 degrees west longitude; or
    (6) A vessel in the National Defense Reserve Fleet pursuant to 50 
App. U.S.C. 1744.

[CGD 75-240, 41 FR 54179, Dec. 13, 1976, as amended by CGD 77-058b, 45 
FR 43707, June 30, 1980; CGD 79-152, 45 FR 82249, Dec. 15, 1980; CGD 76-
088b, 48 FR 45720, Oct. 6, 1983; CGD 90-051, 57 FR 36239, Aug. 12, 1992; 
57 FR 40494, Sept. 3, 1992; CGD 97-023, 62 FR 33364, June 19, 1997]



Sec. 157.09  Segregated ballast.

    (a) A new vessel of 70,000 tons DWT or more must have segregated 
ballast tanks that have a total capacity to allow the vessel to meet the 
draft and trim requirements in paragraph (b) of this section without 
recourse to the use of oil tanks for water ballast.
    (b) In any ballast condition during any part of a voyage, including 
that of lightweight with only segregated ballast, the vessel's drafts 
and trim must have the capability of meeting each of the following 
requirements:
    (1) The molded draft amidship (dm) in meters without taking into 
account vessel deformation must not be less than dm in the following 
mathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft

[[Page 474]]

amidship as specified in paragraph (b)(1) of this section, in 
association with the trim by the stern of no more than 0.015L.
    (3) The minimum allowable draft at the after perpendicular is that 
which is necessary to obtain full immersion of the propeller.
    (c) The vessel may be designed to carry ballast water in cargo tanks 
during the condition described in Sec. 157.35.
    (d) Segregated ballast spaces, voids, and other noncargo-carrying 
spaces for a vessel of conventional form must be distributed:
    (1) So that the mathematical average of the hypothetical collision 
(Oc) and the hypothetical stranding (Os) outflows 
as determined by the application of the procedures in Sec. 157.19 and 
Appendix B is 80 percent or less of the maximum allowable outflow 
(OA) as determined by Sec. 157.19(b)(1); and
    (2) To protect at least 45 percent of the sum of the side and bottom 
shell areas, based upon projected molded dimensions, within the cargo 
tank length. When the vessel design configuration does not provide for 
the spaces to be distributed to protect at least 45 percent of the side 
and bottom shell areas, the spaces must be distributed so that the 
mathematical average of the hypothetical collision (Oc) and 
the hypothetical stranding (Os) outflows, determined by 
application of the procedures in Sec. 157.19 and Appendix B, is a 
further 2 percent less than the maximum allowable outflow 
(Oa) for each 1 percent by which the shell area protection 
coverage required is not achieved.
    (e) A ballast space, void or other non-cargo-carrying space used to 
meet requirements in paragraph (d) of this section must separate the 
cargo tank boundaries from the shell plating of the vessel by at least 2 
meters.
    (f) A vessel of conventional form for application of this section 
has:
    (1) A block coefficient of .80 or greater,
    (2) A length to depth ratio between 12 and 16, and
    (3) A breadth to depth ratio between 1.5 and 3.5.
    (g) Segregated ballast spaces, voids, and other noncargo-carrying 
spaces for a vessel not of conventional form must be distributed in a 
configuration acceptable to the Coast Guard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 75-201, 41 FR 1482, Jan. 8, 1976]



Sec. 157.10  Segregated ballast tanks and crude oil washing systems 
for certain new vessels.

    (a) This section applies to a new vessel that:
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun after January 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (b) Each tank vessel under this section of 20,000 DWT or more that 
carries crude oil and of 30,000 DWT or more that carries products must 
have segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in paragraph (c) of this 
section without recourse to the use of cargo tanks for water ballast.
    (c) In any ballast condition during any part of a voyage, including 
that of lightweight with only segregated ballast, each tank vessel under 
paragraph (b) of this section must have the capability of meeting each 
of the following:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

dm = 2.0 + 0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(c)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.
    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.

[[Page 475]]

    (d) Segregated ballast tanks required in paragraph (b) of this 
section, voids, and other spaces that do not carry cargo must be 
distributed:
    (1) For a vessel to which Sec. 157.10d applies, in accordance with 
Sec. 157.10d(c)(4); or,
    (2) For a vessel to which Sec. 157.10d does not apply, in 
accordance with the procedure contained in appendix C to this part.
    (e) Each tank vessel under this section of 20,000 DWT or more that 
carries crude oil must have a crude oil washing system that meets the 
design, equipment, and installation requirements in Subpart D of this 
part.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks as allowed under Sec. 157.35.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 90-051, 57 
FR 36239, Aug. 12, 1992]



Sec. 157.10a  Segregated ballast tanks, crude oil washing systems, and 

dedicated clean ballast tanks for certain new and existing vessels of 
40,000 DWT or 
          more.

    (a) An existing vessel of 40,000 DWT or more that carries crude oil 
and a new vessel of 40,000 DWT or more but less than 70,000 DWT that 
carries crude oil must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or
    (2) A crude oil washing system that meets the design, equipment, and 
installation requirements of Subpart D of this part.
    (b) [Reserved]
    (c) An existing vessel of 40,000 DWT or more that carries products 
and a new vessel of 40,000 DWT or more but less than 70,000 DWT that 
carries products must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or
    (2) Dedicated clean ballast tanks that have a total capacity to meet 
the draft and trim requirements in paragraph (d) of this section and 
that meet the design and equipment requirements under Subpart E of this 
part.
    (d) In any ballast condition during any part of a voyage, including 
that of lightweight with either segregated ballast in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each tank 
vessel under paragraph (a)(1), or (c) of this section must have the 
capability of meeting each of the following without recourse to the use 
of cargo tanks for water ballast:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(d)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.
    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (e) Each tank vessel that meets paragraph (a)(1), or (c) of this 
section may be designed to carry ballast water in cargo tanks as allowed 
under Sec. 157.35.
    Note: Segregated ballast tanks located in wing tanks provide 
protection against oil outflow in the event of a collision, ramming, or 
grounding.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626, Mar. 22, 1985; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 157.10b  Segregated ballast tanks, dedicated clean ballast tanks, 

and special ballast arrangements for tank vessels transporting Outer 
Continental Shelf 
          oil.

    (a) Each tank vessel that is engaged in the transfer of crude oil 
from an offshore oil exploitation or production facility on the Outer 
Continental Shelf of the United States on or after June 1, 1980 must, if 
segregated ballast tanks or dedicated clean ballast tanks are not 
required under Sec. 157.09, Sec. 157.10 or Sec. 157.10a, have one of 
the following:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (b) of this section.
    (2) Dedicated clean ballast tanks having a total capacity to meet 
the draft and trim requirements in paragraph (b)

[[Page 476]]

of this section and meeting the design and equipment requirements under 
Subpart E of this part.
    (3) Special ballast arrangements acceptable to the Coast Guard.
    (b) In any ballast condition during any part of a voyage, including 
that of lightweight with either segregated ballast in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each vessel 
under paragraph (a)(1) or (a)(2) of this section must have the 
capability of meeting each of the following:
    (1) The molded draft amidship (dm), in meters, without taking into 
account vessel deformation, must not be less than ``dm'' in the 
following mathematical relationship:

dm=2.00+0.020L for vessels of 150 meters or more in length

dm=1.25+0.025L for vessels less than 150 meters in length

    (2) The drafts, in meters, at the forward and after perpendiculars 
must correspond to those determined by the draft amidship under 
paragraph (b)(1) of this section, in association with a trim, in meters, 
by the stern (t) of no more than ``t'' in the following mathematical 
relationship:

t=0.015L for vessels of 150 meters or more in length

t=1.5+0.005L for vessels less than 150 meters in length

    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (c) Special ballast arrangements are accepted under the procedures 
in paragraph (d) of this section if:
    (1) The vessel is dedicated to one specific route;
    (2) Each offshore transfer facility on the route is less than 50 
miles from shore;
    (3) The duration of the ballast voyage is less than 10 hours;
    (4) They prevent the mixing of ballast water and oil; and
    (5) They provide suitable draft and trim to allow for the safe 
navigation of the vessel on the intended route.
    (d) The owner or operator of a vessel that meets paragraph (c) of 
this section must apply for acceptance of the special ballast 
arrangement, in writing, to the Officer in Charge, Marine Inspection, of 
the zone in which the vessel operates. The application must contain:
    (1) The specific route on which the vessel would operate;
    (2) The type of ballast to be carried;
    (3) The location of the ballast on the vessel;
    (4) Calculations of draft and trim for maximum ballast conditions; 
and
    (5) The associated operating requirements or limitations necessary 
to ensure safe navigation of the vessel.

    Note: Operating requirements or limitations necessary to ensure safe 
navigation of the vessel could include (but are not limited to) weather 
conditions under which the vessel would not operate and weather 
conditions under which cargo would be carried in certain cargo tanks on 
the ballast voyage.

    (e) The Coast Guard will inform each applicant for special ballast 
arrangements under paragraph (d) of this section whether or not the 
arrangements are accepted. If they are not accepted, the reasons why 
they are not accepted will be stated.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks, as allowed under Sec. 157.35.

[CGD 79-152, 45 FR 82249, Dec. 15, 1980]



Sec. 157.10c  Segregated ballast tanks, crude oil washing systems, 

and dedicated clean ballast tanks for certain new and existing tankships 
of 20,000 to 40,000 
          DWT.

    (a) This section applies to each tankship of 20,000 DWT or more, but 
less then 40,000 DWT, except each one that--
    (1) Is constructed under a building contract awarded after June 1, 
1979;
    (2) In the absence of a building contract, has the keel laid or is 
at a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion, for which--
    (i) The contract is awarded after June 1, 1979; or
    (ii) Conversion is completed after June 1, 1982.
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the

[[Page 477]]

completion of a major conversion, whichever is later, a vessel under 
this section that carries crude oil must have--
    (1) Segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) A crude oil washing system that meets the design, equipment, and 
installation requirements of Sec. Sec. 157.122 through 157.138.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, a vessel under this section that carries 
product must have--
    (1) Segregated ballast tanks that have total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) Dedicated clean ballast tanks that meet the design and equipment 
requirements under Sec. Sec. 157.220, 157.222, and 157.224 and have 
total capacity to allow the vessel to meet the draft and trim 
requirements in Sec. 157.09(b).
    (d) If the arrangement of tanks on a vessel under this section is 
such that, when using the tankage necessary to comply with the draft and 
trim requirements in Sec. 157.09(b), the draft amidships exceeds the 
minimum required draft by more the 10 percent, or the arrangement 
results in the propeller being fully immersed by more than 10 percent of 
its diameter, alternative arrangements may be accepted provided--
    (1) At least 80 percent of the propeller diameter is immersed; and
    (2) The moulded draft amidships is at least 80 percent of that 
required under Sec. 157.09(b)(1).

[CGD 82-28, 50 FR 11626, Mar. 22, 1985; 50 FR 12800, Apr. 1, 1985]



Sec. 157.10d  Double hulls on tank vessels.

    (a) With the exceptions stated in Sec. 157.08(n), this section 
applies to a tank vessel--
    (1) For which the building contract is awarded after June 30, 1990;
    (2) That is delivered after December 31, 1993;
    (3) That undergoes a major conversion for which;
    (i) The contract is awarded after June 30, 1990; or
    (ii) Conversion is completed after December 31, 1993; or
    (4) That is otherwise required to have a double hull by 46 U.S.C. 
3703a(c).
    Note: The double hull compliance dates of 46 U.S.C. 3703a(c) are set 
out in appendix G to this part. To determine a tank vessel's double hull 
compliance date under OPA 90, use the vessel's hull configuration (i.e., 
single hull; single hull with double sides; or single hull with double 
bottom) on August 18, 1990.
    (b) Each vessel to which this section applies must be fitted with:
    (1) A double hull in accordance with this section; and
    (2) If Sec. 157.10 applies, segregated ballast tanks and a crude 
oil washing system in accordance with that section.
    (c) Except on a vessel to which Sec. 157.10d(d) applies, tanks 
within the cargo tank length that carry any oil must be protected by 
double sides and a double bottom as follows:
    (1) Double sides must extend for the full depth of the vessel's side 
or from the uppermost deck, disregarding a rounded gunwale where fitted, 
to the top of the double bottom. At any cross section, the molded width 
of the double side, measured at right angles to the side shell plating, 
from the side of tanks containing oil to the side shell plating, must 
not be less than the distance w as shown in Figure 157.10d(c) and 
specified as follows:
    (i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)] 
meters; or, w=2.0 meters (79 in.), whichever is less, but in no case 
less than 1.0 meter (39 in.).
    (ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)] 
meters, but in no case less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this section 
applies: w=0.76 meter (30 in.), provided that the double side was fitted 
under a construction or conversion contract awarded prior to June 30, 
1990.

[[Page 478]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.015

    (2) At any cross section, the molded depth of the double bottom, 
measured at right angles to the bottom shell plating, from the bottom of 
tanks containing oil to the bottom shell plating, must not be less than 
the distance h as shown in Figure 157.10d(c) and specified as follows:

[[Page 479]]

    (i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters 
(79 in.), whichever is less, but in no case less than 1.0 meter (39 
in.).
    (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case 
less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this section 
applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but 
in no case less than 0.76 meter (30 in.), provided that the double 
bottom was fitted under a construction or conversion contract awarded 
prior to June 30, 1990.
    (3) For a vessel built under a contract awarded after September 11, 
1992, within the turn of the bilge or at cross sections where the turn 
of the bilge is not clearly defined, tanks containing oil must be 
located inboard of the outer shell--
    (i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above 
the base line, not less than the distance h, as shown in Figure 
157.10d(c) and specified in paragraph (c)(2) of this section. At levels 
greater than 1.5h above the base line, not less than the distance w, as 
shown in Figure 157.10d(c) and specified in paragraph (c)(1) of this 
section.
    (ii) For a vessel of less than 5,000 DWT: Not less than the distance 
h above the line of the mid-ship flat bottom, as shown in Figure 
157.10d(c)(3)(ii) and specified in paragraph (c)(2) of this section. At 
levels greater than h above the line of the mid-ship flat bottom, not 
less than the distance w, as shown in Figure 157.10d(c)(3)(ii) and 
specified in paragraph (c)(1) of this section.

[[Page 480]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.016

    (4) For a vessel to which Sec. 157.10(b) applies that is built 
under a contract awarded after September 11, 1992.
    (i) The aggregate volume of the double sides, double bottom, 
forepeak tanks, and afterpeak tanks must not be less than the capacity 
of segregated

[[Page 481]]

ballast tanks required under Sec. 157.10(b). Segregated ballast tanks 
that may be provided in addition to those required under Sec. 157.10(b) 
may be located anywhere within the vessel.
    (ii) Double side and double bottom tanks used to meet the 
requirements of Sec. 157.10(b) must be located as uniformly as 
practicable along the cargo tank length. Large inboard extensions of 
individual double side and double bottom tanks, which result in a 
reduction of overall side or bottom protection, must be avoided.
    (d) A vessel of less than 10,000 DWT that is constructed and 
certificated for service exclusively on inland or limited short 
protected coastwise routes must be fitted with double sides and a double 
bottom as follows:
    (1) A minimum of 61 cm. (2 ft.) from the inboard side of the side 
shell plate, extending the full depth of the side or from the main deck 
to the top of the double bottom, measured at right angles to the side 
shell; and
    (2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell 
plating, along the full breadth of the vessel's bottom, measured at 
right angles to the bottom shell.
    (3) For a vessel to which paragraph (a)(4) of this section applies, 
the width of the double sides and the depth of the double bottom may be 
38 cm. (15 in.), in lieu of the dimensions specified in paragraphs 
(d)(1) and (d)(2) of this section, provided that the double side and 
double bottom tanks were fitted under a construction or conversion 
contract awarded prior to June 30, 1990.
    (4) For a vessel built under a contract awarded after September 11, 
1992, a minimum 46 cm. (18 in.) clearance for passage between framing 
must be maintained throughout the double sides and double bottom.
    (e) Except as provided in paragraph (e)(3) of this section, a vessel 
must not carry any oil in any tank extending forward of:
    (1) The collision bulkhead; or
    (2) In the absence of a collision bulkhead, the transverse plane 
perpendicular to the centerline through a point located:
    (i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel 
length, but in no case less than 1 meter (39 in.), aft of the forward 
perpendicular;
    (ii) On a vessel of less than 10,000 DWT tons that is constructed 
and certificated for service exclusively on inland or limited short 
protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 
percent of the vessel length, but in no case less than 61 cm. (2 ft.), 
aft of the headlog or stem at the freeboard deck; or
    (iii) On each vessel which operates exclusively as a box or trail 
barge, 61 cm. (2 ft.) aft of the headlog.
    (3) This paragraph does not apply to independent fuel oil tanks that 
must be located on or above the main deck within the areas described in 
paragraphs (e)(1) and (e)(2) of this section to serve adjacent deck 
equipment that cannot be located further aft. Such tanks must be as 
small and as far aft as is practicable.
    (f) On each vessel, the cargo tank length must not extend aft to any 
point closer to the stern than the distance equal to the required width 
of the double side, as prescribed in Sec. 157.10d(c)(1) or Sec. 
157.10d(d)(1).

[CGD 90-051, 57 FR 36239, Aug. 12, 1992, as amended by USCG-1999-6164, 
65 FR 39262, June 23, 2000]



Sec. 157.11  Pumping, piping and discharge arrangements.

    (a) Each tank vessel must have a fixed piping system for 
transferring oily mixtures from cargo tanks to slop tanks and for 
discharging oily mixtures to the sea and to reception facilities. On a 
vessel that has two or more independent piping arrangements, the 
arrangements collectively form the fixed piping system required by this 
paragraph.
    (b) Each fixed piping system required by paragraph (a) of this 
section must have:
    (1) At least two manifolds on the weather deck for transferring oily 
mixtures to reception facilities, one of which is on the port side of 
the vessel and one of which is on the starboard side; and
    (2) Except as provided in paragraph (c) of this section, at least 
one discharge point that:
    (i) Is used for discharges to the sea;

[[Page 482]]

    (ii) Is on a port or starboard weather deck or on the vessel's side 
above the waterline of its deepest ballast condition; and
    (iii) Has an automatic stop valve that is actuated by a cargo 
monitor signal, except that manual valves may be provided on new vessels 
of less than 4,000 tons deadweight and on existing vessels.
    (c) An above waterline discharge point is not required on an 
existing vessel if its fixed piping system meets Paragraphs 3 and 4 of 
Appendix E of this part.
    (d) Each tank vessel under Sec. 157.09, Sec. 157.10a, or Sec. 
157.10b that carries crude oil must have:
    (1) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (2) Oil piping lines for the draining of oil residue from cargo 
pumps and other oil piping lines to a cargo tank or a slop tank; and
    (3) An oil piping line that meets paragraph (f) of this section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
other oil piping lines to a receptacle on the shore.
    (e) Each tank vessel under Sec. 157.10 must have:
    (1) Oil piping lines that are designed and installed to minimize oil 
retention in those lines;
    (2) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (3) Oil piping lines for the draining of oil residue from cargo 
pumps and other oil piping lines to a cargo tank or slop tank; and
    (4) An oil piping line that meets paragraph (f) of this section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
other oil piping lines to a receptacle on the shore.
    (f) Each oil piping line under paragraph (d)(3) or (e)(4) of this 
section must have a cross-sectional area of 10 percent or less of the 
cross-sectional area of the main cargo discharge piping line, except if 
the oil piping line under paragraph (d)(3) of this section is installed 
before January 1, 1980, that piping line may have a cross-sectional area 
of 25 percent or less of the cross-sectional area of the main cargo 
discharge piping line.
    (g) Each tank vessel to which Sec. 157.10d applies that is built 
under a contract awarded after September 11, 1992 must be arranged so 
that:
    (1) Except for short lengths of completely welded (or equivalent) 
piping,
    (i) Ballast piping and other piping to ballast tanks, such as 
sounding and vent piping, do not pass through cargo tanks, and
    (ii) Cargo piping and other piping to cargo tanks do not pass 
through ballast tanks;
    (2) Suction wells in cargo tanks that protrude into the double 
bottom are as small as practicable and extend no closer to the bottom 
shell plating than 0.5h, as specified in Sec. 157.10d(c)(2) or Sec. 
157.10d(d)(2), as applicable; and
    (3) On a vessel that is constructed and certificated for service 
exclusively on inland, Great Lakes, or limited short protected coastwise 
routes, any oil piping that is located within double hull spaces must be 
placed as far from the outer shell as is practicable and must be fitted 
with valves at the point of connection to the tank served, to prevent 
oil outflow in the event of damage to the piping. Such valves must be 
closed whenever the vessel is underway with any oil in tanks served by 
the associated piping, except as necessary during transfer operations.
    Note: Piping location requirements for an oceangoing vessel are in 
Sec. 157.19(d). Related operating requirements are in Sec. 157.45.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 
43704, June 30, 1980; CGD 77-058b, 45 FR 43708, June 30, 1980; CGD 79-
152, 45 FR 82250, Dec. 15, 1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; 
CGD 90-051, 57 FR 36244, Aug. 12, 1992; USCG-2000-7641, 66 FR 55573, 
Nov. 2, 2001]



Sec. 157.12  Cargo monitor and control system.

    (a) Each vessel must have, for each type of cargo oil that it 
carries, at least one cargo monitor that is designed for use with that 
oil.
    (b) Each monitor installed on a U.S. vessel must be approved under 
46 CFR 162.050. Each monitor installed on a foreign vessel must be 
approved:
    (1) Under 46 CFR 162.050; or

[[Page 483]]

    (2) As meeting IMO Resolution A.393(X) by a country that has 
ratified the MARPOL 73/78.
    (c) Each monitor must be installed in accordance with Paragraphs 4, 
5, and 6 of Appendix F to this part and be fitted with the control 
system prescribed by paragraphs 6.1.4.2 through 6.1.4.5.5 of that 
appendix.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.13  Designated observation area.

    Each new vessel must have a designated observation area on the 
weather deck or above that is:
    (a) Located where the effluent from each discharge point and 
manifold described in Sec. 157.11 can be visually observed; and
    (b) Equipped with:
    (1) A means to directly stop the discharge of effluent into the sea; 
or
    (2) A positive communication system, such as a telephone or a radio, 
between the observation area and the discharge control position.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45720, Oct. 6, 1983]



Sec. 157.15  Slop tanks in tank vessels.

    (a) Number. A tank vessel must have the following number of slop 
tanks that comply with the requirements of this section:
    (1) A new vessel of less than 70,000 tons DWT and an existing vessel 
must have at least one slop tank.
    (2) A new vessel of 70,000 tons DWT or more must have at least two 
slop tanks.
    (b) Capacity. Slop tanks must have the total capacity to retain oily 
mixtures from cargo tank washings, oil residue, and ballast water 
containing an oily mixture of 3 percent or more of the oil carrying 
capacity. Two percent capacity is allowed if there are--
    (1) Segregated ballast tanks that meet the requirements in Sec. 
157.09, Sec. 157.10, Sec. 157.10a, or Sec. 157.10b; or
    (2) No eductors arrangements that use water in addition to the 
washing water.
    (c) Design. A slop tank required in this section:
    (1) Must minimize turbulence, entrainment of oil, and the creation 
of an emulsion by the use of separate inlet and outlet connections; and
    (2) May carry bulk oil when not being used as a slop tank.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 
157.15, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 157.17  Oil residue (sludge) tank.

    (a) A tank vessel of 400 gross tons or more must have a tank that 
receives and holds oil residue resulting from purification of fuel and 
lubricating oil and from oil leakages in machinery spaces.
    (b) Each oil residue (sludge) tank required in paragraph (a) of this 
section must have an adequate capacity that is determined by the:
    (1) Type of machinery installed on the vessel; and
    (2) Maximum fuel oil capacity.
    (c) Each oil residue (sludge) tank on a new vessel must be designed 
to facilitate:
    (1) Cleaning; and
    (2) Discharging to a reception facility.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 
43704, June 30, 1980; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.19  Cargo tank arrangement and size.

    (a) This section applies to:
    (1) A U.S. or foreign vessel that is delivered after January 1, 
1977;
    (2) A U.S. vessel that is delivered before January 1, 1977, for 
which the building contract is awarded after January 1, 1972, or, if 
there is no building contract, the keel is laid or the vessel is at a 
similar stage of construction after June 30, 1972; and
    (3) A foreign vessel that is delivered before January 1, 1977, for 
which the building contract is awarded after January 1, 1974, or, if 
there is no building contract, the keel is laid or the vessel is at a 
similar stage of construction after June 30, 1974.
    (b) As determined in accordance with the procedures contained in 
Appendix

[[Page 484]]

A of this part, each cargo tank must be of such size and arrangement 
that:
    (1) The hypothetical outflow for side damage (Oc) or for 
bottom damage (Os) anywhere within the length of the vessel 
must not exceed OA (30,000 cubic meters or (400)x(3[radic] 
DWT) whichever is greater, limited to a maximum of 40,000 cubic meters);
    (2) The volume of each wing tank and center tank is less than the 
allowable volume of a wing tank (VOLW) and the allowable 
volume of a center tank (VOLC) respectively; and
    (3) The length of a tank is less than the allowable length of a tank 
(la).
    (c) If a cargo transfer system interconnects two or more cargo 
tanks, the system must have valves to segregate the tanks from each 
other.
    (d) If a line of piping that runs through a cargo tank in a position 
less than tc from the vessel's side or less than 
vs from the vessel's bottom as defined in Appendix A of this 
part, has a branch, that branch must have a stop valve:
    (1) Within each cargo tank into which the branch opens; or
    (2) Outside each tank into which the branch opens in a location that 
is immediately adjacent to the point at which the branch enters the 
tank.
    (e) If piping that serves suction wells is installed within a double 
bottom, that piping must be:
    (1) Fitted with valves located at the point of connection to the 
tank served to prevent oil outflow in the event of damage to the piping; 
and
    (2) Designed to be installed as high from the bottom shell as 
possible.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; USCG-2000-
7223, 65 FR 40058, June 29, 2000]



Sec. 157.21  Subdivision and stability.

    A new vessel that is a U.S. vessel must meet the following 
subdivision and damage stability criteria after assuming side and bottom 
damages, as defined in Appendix B of this Part. A U.S. vessel that meets 
the requirements in this section is considered by the Coast Guard as 
meeting 46 CFR 42.20-5.
    (a) The final waterline, taking into account sinkage, heel, and 
trim, must be below the lower edge of an opening through which 
progressive flooding may take place, such as an air pipe, or any opening 
that is closed by means of a weathertight door or hatch cover. This 
opening does not include an opening closed by a:
    (1) Watertight manhole cover;
    (2) Flush scuttle;
    (3) Small watertight cargo tank hatch cover that maintains the high 
integrity of the deck;
    (4) Remotely operated watertight sliding door; or
    (5) Side scuttle of the non-opening type.
    (b) In the final stage of flooding, the angle of heel due to 
unsymmetrical flooding must not exceed 25 degrees, except that this 
angle may be increased to 30 degrees if no deck edge immersion occurs.
    (c) For acceptable stability in the final stage of flooding, the 
righting lever curve must have a range of at least 20 degrees beyond the 
position of equilibrium in association with a maximum residual righting 
lever of at least 0.1 meter. For the calculations required in this 
section, weathertight openings or openings fitted with automatic 
closures (e.g., a vent fitted with a ball check valve), need not be 
considered as points of downflooding within the range of residual 
stability, but other openings must be accounted for in the calculation.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.22  Intact stability requirements.

    All tank ships of 5,000 DWT and above contracted after December 3, 
2001 must comply with the intact stability requirements of Regulation 
25A, Annex I MARPOL 73/78.

[USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.23  Cargo and ballast system information.

    (a) Each tank vessel to which this part applies must have an 
instruction manual that describes the automatic and manual operation of 
the cargo and ballast system in the vessel.
    (b) The format and information contained in the instruction manual 
required in paragraph (a) of this section

[[Page 485]]

must be similar to the manual entitled ``Clean Seas Guide for Oil 
Tankers'' which can be obtained from the International Chamber of 
Shipping, 30-32 St. Mary Axe, London, England, EC3A 8ET.



Sec. 157.24  Submission of calculations, plans, and specifications.

    The owner, builder or designer of a new vessel to which this part 
applies shall submit the documentation specified in this section to the 
Coast Guard before that vessel enters the navigable waters of the United 
States. The owner, builder, or designer of a vessel that must comply 
with Sec. 157.10d shall submit the documentation specified in this 
section to the Coast Guard before that vessel enters the navigable 
waters of the United States or the U.S. Exclusive Economic Zone.
    (a) Calculations to substantiate compliance with the tank 
arrangement and size requirements under Sec. 157.19, or a letter from 
the government of the vessel's flag state that certifies compliance 
with:
    (1) Section 157.19; or
    (2) Regulations 24 of Annex I of the International Convention for 
the Prevention of Pollution from Ships, 1973.
    (b) Except for a new vessel that is a foreign vessel, calculations 
to substantiate compliance with subdivisions and damage stability 
requirements under Sec. 157.21.
    (c) Plans and calculations to substantiate compliance with the 
applicable segregated ballast and double hull requirements in Sec. Sec. 
157.09, 157.10, 157.10a, 157.10b, or 157.10d, or certification from the 
government of the vessel's flag state that the vessel complies with the 
segregated ballast and double hull requirements in:
    (1) Sections 157.09, 157.10, 157.10a, 157.10b, or 157.10d, as 
applicable; or
    (2) For a vessel to which Sec. 157.10d does not apply, Regulations 
13 and 13E of the MARPOL 73/78.
    (d) Plans and specifications for the vessel that include:
    (1) Design characteristics;
    (2) A lines plan;
    (3) Curves of form (hydrostatic curves) or hydrostatic tables;
    (4) A general arrangement plan of each deck and level;
    (5) Inboard and outboard profile plans showing oiltight and 
watertight bulkheads;
    (6) A midship section plan;
    (7) A capacity plan showing the capacity and the vertical and 
longitudinal centers of gravity of each cargo space, tank, and similar 
space;
    (8) Tank sounding tables or tank capacity tables;
    (9) Draft mark locations;
    (10) Detailed plans of watertight doors; and
    (11) Detailed plans of vents.

[CGD 75-240, 41 FR 54180, Dec. 13, 1976, as amended by CGD 77-058b, 45 
FR 43708, June 30, 1980; CGD 79-152, 45 FR 82250, Dec. 15, 1980; CGD 90-
051, 57 FR 36244, Aug. 12, 1992; USCG-2000-7641, 66 FR 55573, Nov. 2, 
2001]



Sec. 157.24a  Submission of calculations, plans, and specifications 
for existing vessels installing segregated ballast tanks.

    (a) Before modifications are made to a U.S. tank vessel to meet 
Sec. 157.10a(a)(1), Sec. 157.10a(c)(1), Sec. 157.10c(b)(1), or Sec. 
157.10c(c)(1), the vessel's owner or operator must submit the following 
to the Officer in Charge, Marine Inspection, of the zone where the 
modification will be made or to the appropriate Coast Guard technical 
office listed in 157.100(b):
    (1) A drawing or diagram of the pumping and piping system for the 
segregated ballast tanks.
    (2) A drawing of the segregated ballast tank arrangement.
    (3) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the segregated ballast tanks, 
meets the stability standards for load line assignment in 46 CFR Part 
42.
    (4) Documentation, calculations, or a revised loading manual to show 
that the vessel, with the addition of the segregated ballast tanks, 
meets the structural standards in 46 CFR Part 32.
    (5) Plans and calculations to show that the vessel, as modified, 
complies with the segregated ballast capacity and distribution 
requirements in Sec. 157.10a.
    (b) Before each foreign vessel under Sec. 157.10a(a)(1) or Sec. 
157.10a(c)(1) enters the navigable waters of the United States, the 
owner or operator of that vessel must--

[[Page 486]]

    (1) Submit to the Commandant (G-MOC), U.S. Coast Guard, Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
segregated ballast capacity requirements in Sec. 157.09(b); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made, a letter or document from the 
government of vessel's flag state certifying that the vessel complies 
with the segregated ballast capacity requirements in Sec. 157.09(b) or 
Regulation 13 of the MARPOL 73/78.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner, or 15 years after the completion of a major 
conversion, whichever is later, before that vessel enters the navigable 
waters of the United States, the owner or operator of an existing 
foreign vessel under Sec. 157.10c(b)(1) or Sec. 157.10c(c)(1) must--
    (1) Submit to the Commandant (G-MOC), U.S. Coast Guard, Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
applicable segregated ballast capacity requirements in Sec. 157.09(b) 
or Sec. 157.10c(d); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made a letter from an authorized CS 
or the government of the vessel's flag state certifying that the vessel 
complies with the segregated ballast capacity requirements in Sec. 
157.09(b) or Sec. 157.10c(d).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; 
USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



                       Subpart C_Vessel Operation



Sec. 157.25  Applicability of subpart C.

    (a) This subpart applies to each vessel to which this part applies 
of 150 gross tons or more, unless otherwise indicated, that carries 
crude oil or products in bulk as cargo. This subpart does not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (b) Sections 157.29, 157.31, 157.37(a)(5), 157.37(a)(6) and 157.43 
apply to foreign vessels when they discharge into the navigable waters 
of the United States.
    (c) Sections 157.35, 157.37, except paragraphs (a)(5) and (a)(6), 
157.39, 157.45, and 157.47 do not apply to foreign vessels.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended by CGD 90-051, 57 FR 
36244, Aug. 12, 1992]



Sec. 157.26  Operation of a tank vessel in violation of regulations.

    No person may cause or authorize the operation of a tank vessel in 
violation of the regulations in this part.

[CGD 77-058b, 45 FR 43708, June 30, 1980]



Sec. 157.27  Discharges: Tank vessels carrying oil exclusively on 

rivers, lakes, bays, sounds, and the Great Lakes, and seagoing tank 
vessels of less than 150 
          gross tons.

    Unless a tank vessel carrying oil exclusively on rivers, lakes, 
bays, sounds, and the Great Lakes, or a seagoing tank vessel of less 
than 150 gross tons discharges clean ballast or segregated ballast, the 
vessel must:
    (a) Retain on board any oily mixture; or
    (b) Transfer an oily mixture to a reception facility.



Sec. 157.28  Discharges from tank barges exempted from certain design 
requirements.

    The person in charge of a tank barge exempted under Sec. 157.08(g) 
from the requirements in Sec. Sec. 157.11, 157.13, 157.15, and 157.23 
shall ensure that while the barge is proceeding en route:
    (a) Cargo tanks are not ballasted or washed; and

[[Page 487]]

    (b) Oil or oily mixtures are not discharged.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45721, Oct. 6, 1983; CGD 90-051, 57 FR 36244, Aug. 12, 1992]



Sec. 157.29  Discharges: Seagoing tank vessels of 150 gross tons or more.

    Unless a seagoing tank vessel of 150 gross tons or more discharges 
an oily mixture in compliance with the requirements in Sec. 157.37, 
Sec. 157.39, or Sec. 157.43, the vessel must:
    (a) Retain the mixture; or
    (b) Transfer the mixture to a reception facility.



Sec. 157.31  Discharges: Chemical additives.

    No person may use a chemical additive to circumvent the discharge 
requirements in Sec. Sec. 157.27, 157.29, 157.37, 157.39, and 157.43.



Sec. 157.33  Water ballast in fuel oil tanks.

    A new vessel may not carry ballast water in a fuel oil tank.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.35  Ballast added to cargo tanks.

    The master of a tank vessel with segregated ballast tanks or 
dedicated clean ballast tanks under Sec. 157.09, Sec. 157.10, Sec. 
157.10a(a)(1), Sec. 157.10a(b), Sec. 157.10a(c), Sec. 157.10b(a), 
Sec. 157.10c(b)(1), or Sec. 157.10c(c) shall ensure that ballast water 
is carried in a cargo tank only if--
    (a) The vessel encounters abnormally severe weather conditions;
    (b) More ballast water than can be carried in segregated ballast 
tanks or dedicated clean ballast tanks is necessary for the safety of 
the vessel;
    (c) The ballast water is processed and discharged in compliance with 
Sec. 157.37; and
    (d) On a new vessel under Sec. 157.10 that carries crude oil, the 
ballast water is only carried in a cargo tank that is crude oil washed 
in accordance with Subpart D of this part during or after the most 
recent discharge of crude oil from that tank.

[CGD 77-058b, 45 FR 43708, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626, Mar. 22, 1985]



Sec. 157.37  Discharge of oily mixtures from oil cargoes.

    (a) A tank vessel may not discharge an oily mixture into the sea 
from a cargo tank, slop tank, or cargo pump room bilge unless the 
vessel:
    (1) Is more than 50 nautical miles from the nearest land;
    (2) Is proceeding en route;
    (3) Is discharging at an instantaneous rate of oil content not 
exceeding 30 liters per nautical mile;
    (4) Is an existing vessel and the total quantity of oil discharged 
into the sea does not exceed 1/15,000 of the total quantity of the cargo 
that the discharge formed a part, or is a new vessel and the total 
quantity of oil discharged into the sea does not exceed 1/30,000 of the 
total quantity of the cargo that the discharge formed a part;
    (5) Discharges:
    (i) Through the above waterline discharge point described in Sec. 
157.11(b)(2);
    (ii) In accordance with Paragraph 5 of Appendix E to this part, if 
the vessel is an existing vessel with a Part Flow System meeting that 
appendix; or
    (iii) Below the waterline in accordance with paragraph (e) of this 
section;
    (6) Has in operation a cargo monitor and control system required by 
Sec. 157.12 that is designed for use with the oily mixture being 
discharged, except that the system may be operated manually if:
    (i) The automatic system fails during a ballast voyage;
    (ii) The failure is recorded in the Oil Record Book;
    (iii) The master ensures that the discharge is constantly monitored 
visually and promptly terminated when oil is detected in the discharge; 
and
    (iv) The system is operated manually only until the ballast voyage 
is completed; and
    (7) Is outside the ``Special Areas'' defined in Regulation 1 (10) of 
Annex I to the MARPOL 73/78.
    (b) A seagoing tank vessel of 150 gross tons or more that carries 
asphalt

[[Page 488]]

or other products whose physical properties inhibit effective product/
water separation and monitoring must transfer all oil cargo residues and 
tank washings from such cargoes to a reception facility.
    (c) Each cargo monitor must be maintained and operated in accordance 
with its instructions manual.
    (d) All discharge data recorded by a cargo monitor must be retained 
for at least three years. The data for the most recent year must be 
retained on board the vessel.
    (e) Ballast water containing an oily mixture may be discharged below 
the waterline at sea by gravity if--
    (1) The ballast is not from a slop tank;
    (2) Examination with an oil-water interface detector shows that oil-
water separation has taken place; and
    (3) The oil layer is high enough in the tank so that it will not be 
discharged.

(The information collection requirement contained in paragraph (d) of 
this section was approved by the Office of Management and Budget under 
OMB control number 2115-0518)

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45721, Oct. 6, 1983; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.39  Machinery space bilges.

    (a) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is combined with an oil cargo residue if the vessel 
discharges in compliance with Sec. 157.37.
    (b) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is not combined with an oil cargo residue if the 
vessel:
    (1) Is proceeding en route;
    (2) Is discharging an effluent with an oil content of less than 15 
parts per million; and
    (3) Has in operation an oil discharge monitoring and control system 
approved by the Coast Guard (specification regulation to be proposed) 
and oil water separating equipment approved by the Coast Guard 
(specification regulation to be proposed).

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.41  Emergencies.

    Sections 157.27, 157.29, 157.37, and 157.39 do not apply to a tank 
vessel that discharges into the sea oil or oily mixtures:
    (a) For the purpose of securing the safety of the vessel or for 
saving life at sea; or
    (b) As a result of damage to the vessel or its equipment if:
    (1) Reasonable precautions are taken after the occurrence of the 
damage or discovery of the discharge for the purpose of preventing or 
minimizing the discharge; and
    (2) The owner, master or person in charge did not intend to cause 
damage, or did not act recklessly and with knowledge that damage of the 
environment would probably result.



Sec. 157.43  Discharges of clean and segregated ballast: Seagoing tank 
vessels of 150 gross tons or more.

    (a) Clean ballast may not be discharged overboard unless the 
discharge is verified as clean ballast through use of an approved cargo 
monitor or, if discharged before the required cargo monitor installation 
date, by visual examination of the ballast contents immediately before 
discharge. This paragraph applies to discharges of clean ballast:
    (1) From dedicated clean ballast tanks; and
    (2) Into the navigable waters of the United States from any other 
tank.
    (b) Segregated ballast may not be discharged overboard unless a 
visual examination, or a test of the ballast contents with an oil/water 
interface detector, immediately before the discharge shows that there is 
no oily mixture in the ballast. Use of a cargo monitor is not required. 
This paragraph applies to discharges of segregated ballast:
    (1) Into the navigable waters of the United States; and
    (2) Below the waterline at sea from an existing vessel that does not 
have an above the waterline discharge point for segregated ballast.
    (c) All discharges of clean ballast and segregated ballast must be 
through an above waterline discharge point described in Sec. 
157.11(b)(2), except that:

[[Page 489]]

    (1) A vessel may discharge clean ballast and segregated ballast 
below the waterline when in port or at an offshore terminal.
    (2) A vessel may discharge clean ballast and segregated ballast at 
sea by gravity below the waterline.
    (3) An existing vessel that does not have above waterline discharge 
points for dedicated clean ballast tanks may discharge clean ballast 
from those tanks below the waterline at sea.
    (4) An existing vessel that does not have above waterline discharge 
points for segregated ballast tanks may discharge segregated ballast 
below the waterline at sea.
    (d) This section applies only to seagoing tank vessels of 150 gross 
tons or more.

[CGD 76-088b, 48 FR 45721, Oct. 6, 1983; 48 FR 46985, Oct. 17, 1983; 
USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.45  Valves in cargo or ballast piping system.

    When a tank vessel is at sea and the tanks contain oil, valves and 
closing devices in the cargo or ballast piping system or in the transfer 
system must be kept closed except they may be opened for cargo or 
ballast transfer to trim the vessel.



Sec. 157.47  Information for master.

    A master or person in charge of a new vessel shall operate the 
vessel in accordance with the information required in 46 CFR 31.10-30(d) 
that includes the following:
    (a) Stability information.
    (b) Damage stability information determined in accordance with the 
criteria contained in Appendix B of this part.
    (c) Loading and distribution of cargo information determined in 
compliance with the damage stability criteria required in Appendix B of 
this part.

[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.49  Instruction manual.

    The master of a tank vessel shall ensure that the instruction manual 
under Sec. 157.23 is available and used when the cargo or ballast 
systems are operated.



        Subpart D_Crude Oil Washing (COW) System on Tank Vessels

    Source: CGD 77-058b, 45 FR 43709, June 30, 1980, unless otherwise 
noted.

                                 General



Sec. 157.100  Plans for U.S. tank vessels: Submission.

    (a) Before each U.S. tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit to 
the Coast Guard plans that include--
    (1) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (2) The design of each COW machine;
    (3) The arrangement, location, and installation of the COW machines; 
and
    (4) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the COW 
system is installed or to the Commanding Officer, U.S. Coast Guard 
Marine Safety Center, 400 7th Street, SW., Washington, DC 20590-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626 and 11630, Mar. 22, 1985; CDG 85-048a, 51 FR 15481, Apr. 24, 1986; 
USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 157.102  Plans for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2), desires the letter from the Coast Guard under Sec. 
157.106 accepting the plans submitted under this paragraph, the owner or 
operator must submit to the Commandant (G-MOC), U.S. Coast Guard, 
Washington, DC 20593-0001, plans that include--

[[Page 490]]

    (a) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (b) The design of each COW machine;
    (c) The arrangement, location, and installation of the COW machines; 
and
    (d) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627 and 11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 
CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.104  Scale models.

    If the pattern under Sec. 157.100(a)(4) or Sec. 157.102(d) cannot 
be shown on a plan, a scale model of each tank must be built for Coast 
Guard inspection to simulate, by a pinpoint of light, the projected 
direct impingement pattern on the surfaces of the tank.



Sec. 157.106  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the plans 
submitted under Sec. 157.100 or Sec. 157.102 are accepted if:
    (a) The plans submitted show that the COW system meets this subpart; 
or
    (b) The plans submitted and the scale model under Sec. 157.104 show 
that the COW system meets this subpart.



Sec. 157.108  Crude Oil Washing Operations and Equipment Manual for 
U.S. tank vessels: Submission.

    Before each U.S. tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit 
two copies of a manual that meets Sec. 157.138, to the Officer in 
Charge, Marine Inspection, of the zone in which the COW system is 
installed or to the appropriate Coast Guard field technical office 
listed in Sec. 157.100(b).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985]



Sec. 157.110  Crude Oil Washing Operations and Equipment Manual for 
foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2) desires a Coast Guard approved Crude Oil Washing 
Operations and Equipment Manual under Sec. 157.112, the owner or 
operator must submit two copies of a manual that meets Sec. 157.138 to 
the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-1000.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]



Sec. 157.112  Approved Crude Oil Washing Operations and Equipment Manual.

    If the manuals submitted under Sec. 157.108 or Sec. 157.110 meet 
Sec. 157.138, the Coast Guard approves the manuals and forwards one of 
the approved manuals to the submitter.



Sec. 157.114  Crude Oil Washing Operations and Equipment Manual: Not 
approved.

    If the manuals submitted under Sec. 157.108 or Sec. 157.110 are 
not approved, the Coast Guard forwards a letter to the submitter with 
the reasons why the manuals were not approved.



Sec. 157.116  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2) shall ensure that the vessel does not engage in a voyage 
unless the vessel has on board the following:
    (a) The Crude Oil Washing Operations and Equipment Manual that--
    (1) Is approved under Sec. 157.112; or
    (2) Bears a certification by an authorized CS that the manual 
contains the information required under Sec. 157.138.
    (b) Evidence of acceptance of the tank vessel's COW system 
consisting of--
    (1) A document from an authorized CS that certifies the vessel meets

[[Page 491]]

Sec. 157.10c(b)(2) and each amending letter by the authorized CS 
approving changes in the design, equipment, or installation; or
    (2) The letter of acceptance under Sec. 157.106 and each amending 
letter issued under Sec. 157.158(c).
    (c) Evidence that the COW system passed the required inspections 
by--
    (1) A document from an authorized CS that the vessel has passed the 
inspections under Sec. 157.140; or
    (2) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985]



Sec. 157.118  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vessel under 
Sec. 157.10(e) or Sec. 157.10a(a)(2) shall ensure that the vessel does 
not enter the navigable waters of the United States or transfer cargo at 
a port or place subject to the jurisdiction of the United States unless 
the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Meets the manual standards in Resolution 15 of the MARPOL 73/78 
and bears the approval of the government of the vessel's flag state; and
    (2) Either--
    (i) A document from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 15 of the MARPOL 73/
78; or
    (ii) The following letters issued by the Coast Guard:
    (A) The letter of acceptance issued under Sec. 157.106.
    (B) The letter of acceptance issued under Sec. 157.142.
    (C) Each amending letter issued under Sec. 157.158(c).
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign vessel having a COW system under Sec. 157.10c(b)(2) shall 
ensure that the vessel does not enter the navigable waters of the United 
States or transfer cargo at a port or place subject to the jurisdiction 
of the United States unless the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual contains the information 
required under Sec. 157.138;
    (2) Evidence that the COW system passed the required inspections 
by--
    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel passed the inspections 
under Sec. 157.140; or
    (ii) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140; and
    (3) Either--
    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel complies with the design, 
equipment and installation standards in Sec. Sec. 157.122 through 
157.136 and any amending letters approving changed COW system 
characteristics; or
    (ii) The letter of acceptance under Sec. 157.106 and any amending 
letters issued under Sec. 157.158(c).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended by USCG-
2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.120  Waiver of required documents.

    The Coast Guard waives the requirement for the letter under Sec. 
157.116(b), if a U.S. tank vessel engages in a voyage, or under Sec. 
157.118(b)(2)(ii), if a foreign tank vessel enters the navigable waters 
of the United States or transfers cargo at a port or place subject to 
the jurisdiction of the United States, for the purpose of being 
inspected under Sec. 157.140.

[[Page 492]]

                   Design, Equipment, and Installation



Sec. 157.122  Piping, valves, and fittings.

    (a) Except as allowed in paragraph (o) of this section, the piping, 
valves, and fittings of each COW system must:
    (1) Meet 46 CFR Part 56; and
    (2) Be of steel or an equivalent material accepted by the 
Commandant.
    (b) The piping of each COW system must be permanently installed.
    (c) The piping of each COW system must be separate from other piping 
systems on the vessel, except that the vessel's cargo piping may be a 
part of the COW piping if the cargo piping meets this section.
    (d) The piping of each COW system must have overpressure relief 
valves or other means accepted by the Commandant to prevent overpressure 
in the piping of the COW system, unless the maximum allowable working 
pressure of that system is greater than the shut-off head of each pump 
that meets Sec. 157.126(b).
    (e) Each overpressure relief valve must discharge into the suction 
side of a pump that meets Sec. 157.126(b).
    (f) The piping and equipment of a COW system may not be in machinery 
spaces.
    (g) Each hydrant valve for water washing in the piping of a COW 
system must:
    (1) Have adequate strength to meet 46 CFR Part 56 for the working 
pressure for which the system is designed; and
    (2) Be capable of being blanked off.
    (h) Each sensing instrument must have an isolating valve at its 
connection to the piping of the COW system, unless the opening to that 
connection is 0.055 inches (1.4 millimeters) or smaller.
    (i) If the washing system for cargo tanks has a steam heater used 
when water washing, it must be located outside the engine room and must 
be capable of being isolated from the piping of the COW system by:
    (1) At least two shut-off valves in the inlet piping and at least 
two shut-off valves in the outlet piping; or
    (2) Blank flanges identifiable as being closed (e.g., spectacle 
flanges).
    (j) If the COW system has a common piping system for oil washing and 
water washing, that piping system must be designed to drain the crude 
oil into a slop tank or a cargo tank.
    (k) The piping of a COW system must be securely attached to the tank 
vessel's structure with pipe anchors.
    (l) When COW machines are used as pipe anchors, there must be other 
means available for anchoring the piping if these machines are removed.
    (m) There must be a means to allow movement of the COW system piping 
as a result of thermal expansion and flexing of the tank vessel.
    (n) The supply piping attached to each deck mounted COW machine and 
each COW machine that is audio inspected under Sec. 157.155(a)(4)(ii) 
must have a shut-off valve.
    (o) On combination carriers, piping of the COW system installed 
between each COW machine located in a cargo tank hatch cover and an 
adjacent location just outside the hatch coaming, may be flexible hose 
with flanged connections that is acceptable by the Commandant.



Sec. 157.124  COW tank washing machines.

    (a) COW machines must be permanently mounted in each cargo tank.
    (b) The COW machines in each tank must have sufficient nozzles with 
the proper diameter, working pressure, movement, and timing to allow the 
tank vessel to pass the inspections under Sec. 157.140.
    (c) Each COW machine and its supply piping must be supported to 
withstand vibration and pressure surges.
    (d) There must be one portable drive unit available on board the 
vessel for every three COW machines that use portable drive units during 
COW operations required by Sec. 157.160 before each ballast voyage.
    (e) Except as allowed in paragraph (f) of this section, each cargo 
tank must have COW machines located to wash all horizontal and vertical 
areas of the tank by direct impingement, jet deflection, or splashing to 
allow the tank vessel to pass the inspections under Sec. 157.140. The 
following areas in each tank must not be shielded from direct 
impingement by large primary structural members or any other structural 
member determined to be equivalent to a large primary structural member 
by the Commandant when reviewing the

[[Page 493]]

plans submitted under Sec. 157.100 or Sec. 157.102:
    (1) 90 percent or more of the total horizontal area of the:
    (i) Tank bottom;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of the tank sides 
and swash bulkheads.
    (f) Each cargo tank on a vessel having a COW system under Sec. 
157.10a(a)(2) or Sec. 157.10c(b)(2) with complicated internal 
structural members does not have to meet paragraph (e) of this section 
if the following areas of each cargo tank are washed by direct 
impingement and the tank vessel can pass the inspections under Sec. 
157.140:
    (1) 90 percent or more of the total horizontal area of all the:
    (i) Tank bottoms;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of all the tank 
sides and swash bulkheads.
    (g) Each single nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the arc 
and rotation of the movement of the COW machine during COW operations.
    (h) Each multi-nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the 
movement of the COW machine during COW operations.
    (i) Each COW machine mounted to or close to the bottom of a tank 
without a means located outside of the cargo tank that indicates 
movement of the machine must not be programmable.
    Notes: 1. In the calculations to meet Sec. 157.124 (e) or (f), 
areas that are shielded from direct impingement by structural members 
other than large primary structural members or swash bulkheads can be 
calculated as areas being washed by direct impingement.
    2. One or more types of COW machines could be used to meet Sec. 
157.124 (e) or (f).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.126  Pumps.

    (a) Crude oil must be supplied to the COW machines by COW system 
pumps or cargo pumps.
    (b) The pumps under paragraph (a) of this section must be designed 
and arranged with sufficient capacity to meet the following:
    (1) A sufficient pressure and flow is supplied to allow the 
simultaneous operation of those COW machines designed to operate 
simultaneously.
    (2) If an eductor is used for tank stripping, enough driving fluid 
is provided by the pumps to allow the eductor to meet Sec. 157.128(a).
    (c) There must be means on the tank vessel to maintain the pressure 
under paragraph (b) of this section when shore terminal back pressure is 
less than the pressure under paragraph (b) of this section.
    (d) The COW system must have two or more pumps that are capable of 
supplying oil to the COW machines.
    (e) The COW system must be designed to meet the requirements of this 
subpart with any one pump not operating.



Sec. 157.128  Stripping system.

    (a) Each tank vessel having a COW system under Sec. 157.10(e), 
Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) must have a stripping system 
that is designed to remove crude oil from--
    (1) Each cargo tank at 1.25 times the rate at which all the COW 
machines that are designed to simultaneously wash the bottom of the 
tank, are operating; and
    (2) The bottom of each tank to allow the tank vessel to pass the 
inspection under Sec. 157.140(a)(2).
    (b) Each cargo tank must be designed to allow the level of crude oil 
in the tank to be determined by:
    (1) Hand dipping at the aftermost portion of the tank and three 
other locations; or
    (2) Any other means accepted by the Commandant.

[[Page 494]]

    (c) Each stripping system must have at least one of the following 
devices for stripping oil from each cargo tank:
    (1) A positive displacement pump.
    (2) A self-priming centrifugal pump.
    (3) An eductor
    (4) Any other device accepted by the Commandant.
    (d) There must be a means in the stripping system piping between the 
device under paragraph (c) of this section and each cargo tank to 
isolate each tank from the device.
    (e) If the stripping system has a positive displacement pump or a 
self-priming centrifugal pump, the stripping system must have the 
following:
    (1) In the stripping system piping:
    (i) A pressure gauge at the inlet connection to the pump; and
    (ii) A pressure gauge at the discharge connection to the pump.
    (2) At least one of the following monitoring devices to indicate 
operation of the pump.
    (i) Flow indicator.
    (ii) Stroke counter.
    (iii) Revolution counter.
    (f) If the stripping system has an eductor, the stripping system 
must have:
    (1) A pressure gauge at each driving fluid intake and at each 
discharge; and
    (2) A pressure/vacuum gauge at each suction intake.
    (g) The equipment required under paragraphs (e) and (f) of this 
section must have indicating devices in the cargo control room or 
another location that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.130  Crude oil washing with more than one grade of crude oil.

    If a tank vessel having a COW system under Sec. Sec. 157.10(e), 
157.10a(a)(2), or 157.10c(b)(2) carries more than one grade of crude 
oil, the COW system must be capable of washing the cargo tanks with the 
grades of crude oil that the vessel carries.

[CGD 82-28, 50 FR 11627, Mar. 22, 1985]



Sec. 157.132  Cargo tanks: Hydrocarbon vapor emissions.

    Each tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) without sufficient segregated ballast tanks or 
dedicated clean ballast tanks to allow the vessel to depart from any 
port in the United States without ballasting cargo tanks must have--
    (a) A means to discharge hydrocarbon vapors from each cargo tank 
that is ballasted to a cargo tank that is discharging crude oil; or
    (b) Any other means accepted by the Commandant that prevents 
hydrocarbon vapor emissions when the cargo tanks are ballasted in port.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.134  Cargo tank drainage.

    Each cargo tank must be designed for longitudinal and transverse 
drainage of crude oil to allow the tank vessel to pass the inspections 
under Sec. 157.140.



Sec. 157.136  Two-way voice communications.

    Each tank vessel having a COW system under Sec. 157.10(e), Sec. 
157.10a(a)(2), or Sec. 157.10c(b)(2) must have a means that enables 
two-way voice communications between the main deck watch required under 
Sec. 157.168 and each cargo discharge control station.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.138  Crude Oil Washing Operations and Equipment Manual.

    (a) Each Crude Oil Washing Operations and Equipment Manual must 
include the following information:
    (1) The text of the Annex of Resolution 15 of the MARPOL 73/78.
    (2) A line drawing of the tank vessel's COW system showing the 
locations of pumps, piping, and COW machines.
    (3) A description of the COW system.
    (4) The procedure for the inspection of the COW system during COW 
operations.
    (5) Design characteristic information of the COW system that 
includes the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (iii) Pressure and flow of the stripping suction device.

[[Page 495]]

    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (6) The design oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank.
    (7) The results of the inspections recorded when passing the 
inspections under Sec. 157.140.
    (8) Characteristics of the COW system recorded during the COW 
operations when passing the inspections under Sec. 157.140 that 
includes the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (iii) Pressure and flow of the stripping device.
    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (9) The oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (10) The volume of water used for water rinsing recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (11) The trim conditions of the tank vessel recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (12) The procedure for stripping cargo tanks of crude oil.
    (13) The procedure for draining and stripping the pumps and piping 
of the COW system, cargo system, and stripping system after each crude 
oil cargo discharge.
    (14) The procedure for crude oil washing cargo tanks that includes 
the following:
    (i) The tanks to be crude oil washed to meet Sec. 157.160.
    (ii) The order in which those tanks are washed.
    (iii) The single-stage or multi-stage method of washing each tank.
    (iv) The number of COW machines that operate simultaneously in each 
tank.
    (v) The duration of the crude oil wash and water rinse.
    (vi) The volume of water to be used for water rinse in each tank.
    (15) The procedures and equipment needed to prevent leakage of crude 
oil from the COW system.
    (16) The procedures and equipment needed if leakage of crude oil 
from the COW system occurs.
    (17) The procedures for testing and inspecting the COW system for 
leakage of crude oil before operating the system.
    (18) The procedures and equipment needed to prevent leakage of crude 
oil from the steam heater under Sec. 157.122(i) to the engine room.
    (19) The number of crew members needed to conduct the following:
    (i) The discharge of cargo.
    (ii) The crude oil washing of cargo tanks.
    (iii) The simultaneous operations in paragraphs (a)(19) (i) and (ii) 
of this section.
    (20) A description of the duties of each crew member under paragraph 
(a)(19) of this section.
    (21) The procedures for ballasting and deballasting cargo tanks.
    (22) The step by step procedure for the inspection of the COW system 
by vessel personnel before COW operations begin that includes the 
procedure for inspecting and calibrating each instrument. (Operational 
Checklist)
    (23) The intervals for on board inspection and maintenance of the 
COW equipment. Informational references to technical manuals supplied by 
the manufacturers may be included in this part of the manual.
    (24) A list of crude oils that are not to be used in COW operations.
    (25) The procedure to meet Sec. 157.155(a)(4).
    (b) In addition to meeting paragraph (a) of this section, each Crude 
Oil Washing Operations and Equipment Manual on a tank vessel having a 
COW system under Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) must include 
the following:
    (1) The procedure to meet Sec. 157.166.
    (2) The procedures to meet Sec. 157.155(b).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]

[[Page 496]]

                               Inspections



Sec. 157.140  Tank vessel inspections.

    (a) Before issuing a letter under Sec. 157.142, the Coast Guard 
makes an initial inspection of each U.S. tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) and 
each foreign tank vessel whose owner or operator submitted the plans 
under Sec. 157.102 to determine whether or not, when entering a port, 
the cargo tanks that carry crude oil meet the following:
    (1) After each tank is crude oil washed but not water rinsed, except 
the bottom of the tank may be flushed with water and stripped, each tank 
is essentially free of oil residues to a degree acceptable to the Coast 
Guard inspector.
    (2) After the tanks that are to be used as ballast tanks when 
leaving the port are crude oil washed and stripped but not water rinsed 
or bottom flushed, they are filled with water and the total volume of 
crude oil floating on top of the water in these tanks is 0.085 percent 
or less of the total volume of these tanks.
    (b) Except on a tank vessel under Sec. 157.10(e), if the initial 
inspection under paragraph (a) of this section has been passed and the 
vessel arrives at the first cargo loading port after completing a 
ballast voyage, the Coast Guard monitors the discharge of effluent from 
those tanks that have been crude oil washed, water rinsed, stripped, and 
filled with ballast water to determine whether or not the oil content of 
the effluent is 15 ppm or less.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.142  Letter of acceptance: Inspections.

    If the inspections under Sec. 157.140 are passed, the Coast Guard 
issues to the tank vessel a letter that states that the vessel complies 
with this subpart.



Sec. 157.144  Tank vessels of the same class: Inspections.

    (a) If more than one tank vessel is constructed from the same plans, 
the owner or operator may submit a written request to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001, for only one of 
those tank vessels to be inspected under Sec. 157.140.
    (b) Only one tank vessel of the class is inspected under Sec. 
157.140, if the Commandant accepts the request submitted under paragraph 
(a) of this section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.146  Similar tank design: Inspections on U.S. tank vessels.

    (a) If a U.S. tank vessel has tanks similar in dimensions and 
internal structure, the owner or operator may submit a written request 
to the Officer in Charge, Marine Inspection, of the zone in which the 
COW system is inspected, for only one of those tanks to be inspected 
under Sec. 157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under Sec. 157.140(a)(1), if the 
Officer in Charge, Marine Inspection, accepts the request submitted 
under paragraph (a) of this section.



Sec. 157.147  Similar tank design: Inspections on foreign tank vessels.

    (a) If a foreign tank vessel has tanks similar in dimensions and 
internal structure, the owner or operator may submit a written request 
to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593-
0001, for only one of those tanks to be inspected under Sec. 
157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under Sec. 157.140(a)(1), if the 
Commandant accepts the request submitted under paragraph (a) of this 
section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.148  COW system: Evidence for inspections.

    (a) Before the inspections under Sec. 157.140 are conducted by the 
Coast

[[Page 497]]

Guard, the owner or operator of a foreign tank vessel that is to be 
inspected must submit to the Coast Guard inspector evidence that the COW 
system has been installed in accordance with the plans accepted under 
Sec. 157.106.
    (b) Before the inspections under Sec. 157.140 are conducted by the 
Coast Guard, the owner or operator of a tank vessel that is to be 
inspected must submit to the Coast Guard inspector evidence that the COW 
piping system has passed a test of 1\1/2\ times the design working 
pressure.



Sec. 157.150  Crude Oil Washing Operations and Equipment Manual: 
Recording information after inspections.

    After passing the inspections under Sec. 157.140, the owner, 
operator, and master shall ensure that the following are recorded in the 
Crude Oil Washing Operations and Equipment Manual approved under Sec. 
157.112:
    (a) The results of the inspections under Sec. 157.140.
    (b) The following characteristics used to pass the inspections under 
Sec. 157.140:
    (1) Pressure and flow of the crude oil pumped to the COW machines.
    (2) Revolutions, number of cycles, and length of cycles of each COW 
machine.
    (3) Pressure and flow of the stripping suction device.
    (4) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (5) Volume of water used for water rinsing.
    (6) Trim conditions of the tank vessel.

                                Personnel



Sec. 157.152  Person in charge of COW operations.

    The owner, operator, and master of a tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that the person designated as the person in charge of COW 
operations--
    (a) Knows the contents in the Crude Oil Washing Operations and 
Equipment Manual approved by the Coast Guard under Sec. 157.112 or by 
the government of the vessel's flag state;
    (b) On at least two occasions, has participated in crude oil washing 
of cargo tanks, one of those occasions occurring on:
    (1) The tank vessel on which the person assumes duties as the person 
in charge of COW operations; or
    (2) A tank vessel that is similar in tank design and which has COW 
equipment similar to that used on the tank vessel on which the person 
assumes duties as the person in charge of COW operations; and
    (c) Has one year or more of tank vessel duty that includes oil cargo 
discharge operations and:
    (1) Crude oil washing of cargo tanks; or
    (2) Has completed a training program in crude oil washing operations 
that is approved by the Coast Guard or the government of the vessel's 
flag state.
    Note: Standards of a Coast Guard approved training program are to be 
developed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.154  Assistant personnel.

    The owner, operator, and master of a tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that each member of the crew that has a designated responsibility 
during COW operations--
    (a) Has six months or more of tank vessel duty that includes oil 
cargo discharge operations;
    (b) Has been instructed in the COW operation of the tank vessel; and
    (c) Is familiar with the contents of the Crude Oil Washing 
Operations and Equipment Manual approved by the Coast Guard under Sec. 
157.112 or by the government of the vessel's flag state.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]

                             COW Operations



Sec. 157.155  COW operations: General.

    (a) The master of a tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or 157.10c(b)(2) shall ensure that--
    (1) Before crude oil washing a cargo tank, the level in each tank 
with crude

[[Page 498]]

oil that is used as a source for crude oil washing is lowered at least 
one meter;
    (2) A tank used as a slop tank is not used as a source for crude oil 
washing until:
    (i) Its contents are discharged ashore or to another tank; and
    (ii) The tank contains only crude oil;
    (3) During COW operations:
    (i) The valves under Sec. 157.122(i)(1) are shut; or
    (ii) The blanks under Sec. 157.122(i)(2) are installed;
    (4) The rotation of each COW machine mounted to or close to the 
bottom of each cargo tank is verified by:
    (i) A visual inspection of a means located outside of the cargo tank 
that indicates movement of the machine during COW operations;
    (ii) An audio inspection during COW operations; or
    (iii) An inspection on a ballast voyage, with water as the fluid 
flowing through the machine;
    (5) During the audio inspection under paragraph (a)(4)(ii) of this 
section, the COW machine being inspected is the only one operating in 
that tank;
    (6) Before the inspection under paragraph (a)(4)(iii) of this 
section, the tank that has the COW machine being inspected in it, is gas 
freed;
    (7) Each COW machine that is inspected under paragraph (a)(4)(iii) 
of this section is inspected at least once after every sixth COW 
operation of that machine, but no less that once every 12 months;
    (8) After each stripping operation is completed, each tank:
    (i) Is sounded by a means under Sec. 157.128(b); and
    (ii) Contains no oil except a minimal quantity near the stripping 
suction;
    (9) Before the tank vessel begins each ballast voyage, each cargo 
tank and each cargo main, stripping, and COW piping is stripped of crude 
oil and the strippings are conveyed ashore through the piping under 
Sec. Sec. 157.11(d)(3) or 157.11(e)(4);
    (10) Before water washing the cargo tanks, the piping of the COW 
system is drained of crude oil;
    (11) When the cargo tanks are not being water washed, the hydrant 
valves under Sec. 157.122(g) are blanked off;
    (12) If COW machines that are used as anchors for the piping of the 
COW system are removed, the means available under Sec. 157.122(l) for 
anchoring the piping are installed;
    (13) The fire main is not connected to the COW system; and
    (14) On combination carriers, if flexible hoses under Sec. 
157.122(o) are used, those hoses are protectively stowed when not 
installed in the COW piping system.
    (b) In addition to meeting paragraph (a) of this section, the master 
of a tank vessel having a COW system under Sec. 157.10a(a)(2) or Sec. 
157.10c(b)(2) shall ensure that--
    (1) Before ballasting cargo tanks upon leaving a port, each cargo 
pump, manifold, and piping that is used for ballasting the cargo tanks 
is drained of all crude oil; and
    (2) Before ballasting or deballasting cargo tanks, except when 
ballasting cargo tanks to leave a port, the cargo piping that is used 
for ballasting or deballasting the cargo tanks is water washed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.156  COW operations: Meeting manual requirements.

    Except as allowed in Sec. 157.158, the master of a foreign tank 
vessel having a COW system under Sec. Sec. 157.10(e), 157.10a(a)(2), or 
157.10c(b)(2) that has the Crude Oil Washing Operations and Equipment 
Manual approved under Sec. 157.112 and is operating in the navigable 
waters of the United States or transferring cargo at a port or place 
subject to the jurisdiction of the United States and the master of a 
U.S. tank vessel having a COW system under Sec. 157.10(e), Sec. 
157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure that during each COW 
operation--
    (a) The procedures listed in the Crude Oil Washing Operations and 
Equipment Manual are followed; and
    (b) The characteristics recorded in the Crude Oil Washing Operations 
and Equipment Manual under Sec. 157.150(b) are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]

[[Page 499]]



Sec. 157.158  COW operations: Changed characteristics.

    The COW system may be operated with characteristics that do not meet 
those recorded under Sec. 157.150(b) only if:
    (a) The tank vessel passes the inspections under Sec. 157.140 using 
the changed characteristics;
    (b) The changed characteristics used to pass the inspections under 
Sec. 157.140 are recorded in the Crude Oil Washing Operations and 
Equipment Manual approved under Sec. 157.112; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating that the tank vessel complies with this subpart with these 
characteristics.



Sec. 157.160  Tanks: Ballasting and crude oil washing.

    (a) The owner, operator, and master of a tank vessel under Sec. 
157.10(e) shall ensure that:
    (1) Ballast water is carried in a cargo tank only as allowed under 
Sec. 157.35;
    (2) For oil cargo residue control, at least 25 percent of the cargo 
tanks are crude oil washed before each ballast voyage and that each 
cargo tank is crude oil washed at least once every fourth time crude oil 
is discharged from the tank, but no tank need be crude oil washed more 
than once during each 120 day period;
    (3) Ballast water in a cargo tank that is crude oil washed but not 
water rinsed during or after the most recent discharge of crude oil from 
that tank is discharged in accordance with Sec. 157.37(a); and
    (4) Cargo tanks are not crude oil washed during a ballast voyage.
    (b) The owner, operator, and master of a tank vessel having a COW 
system under Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) shall ensure 
that--
    (1) Ballast water is carried only in a cargo tank that is crude oil 
washed during or after the most recent discharge of crude oil from that 
tank;
    (2) Before each ballast voyage a sufficient number of cargo tanks 
have been crude oil washed during or after the most recent discharge of 
crude oil from those tanks to allow ballast water to be carried in cargo 
tanks:
    (i) With a total capacity to meet the draft and trim requirements in 
Sec. 157.10a(d); and
    (ii) For the vessel's trading pattern and expected weather 
conditions;
    (3) For oil cargo residue control, at least 25 percent of the cargo 
tanks not used for carrying ballast water under paragraph (b)(2)(i) of 
this section are crude oil washed before each ballast voyage, and that 
each cargo tank is crude oil washed at least once every fourth time 
crude oil is discharged from the tank, but no tank need be crude oil 
washed more than once during each 120 day period;
    (4) Cargo tanks are not crude oil washed during a ballast voyage; 
and
    (5) Ballast water in a cargo tank that is crude oil washed but not 
water rinsed during or after the most recent discharge of crude oil from 
that tank is discharged in accordance with Sec. 157.37(a).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.162  Crude oil washing during a voyage.

    The master of a tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure that 
each cargo tank that is crude oil washed during a voyage other than a 
ballast voyage--
    (a) Remains empty so that the tank may be inspected upon arrival at 
the next discharge port; and
    (b) If it is to be used as a ballast tank when leaving the discharge 
port, is ballasted before the vessel departs from that discharge port so 
that the tank may be inspected under Sec. 157.140(a)(2).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.164  Use of inert gas system.

    (a) The master of a tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure the 
following:
    (1) Before each cargo tank is crude oil washed, the oxygen content 
in the tank is measured at each of the following locations in the tank:
    (i) One meter from the deck.
    (ii) In the center of the ullage space.

[[Page 500]]

    (2) Before each cargo tank with partial bulkheads is crude oil 
washed, each area of that tank formed by each partial bulkhead is 
measured in accordance with paragraph (a)(1) of this section.
    (3) Before each cargo tank is crude oil washed, the oxygen content 
in that tank is 8 percent or less by volume at the locations under 
paragraph (a)(1) of this section.
    (4) During COW operations, the following are maintained in each 
cargo tank being crude oil washed:
    (i) A gas or a mixture of gases with an oxygen content of 8 percent 
or less by volume.
    (ii) A positive atmospheric pressure.
    (5) During COW operations, a crew member monitors the 
instrumentation under 46 CFR 32.53-60(a)(1), except if that 
instrumentation has an alarm that sounds in the cargo control room when 
the oxygen content exceeds 8 percent by volume.
    (b) Crude oil washing of the cargo tanks must be terminated when 
paragraph (a)(4) of this section is not met and crude oil washing of 
that tank may not be resumed until the requirements of paragraph (a)(4) 
of this section are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.166  Hydrocarbon emissions.

    If the tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) transfers cargo at a port in the United States that 
is in an area designated in 40 CFR Part 81 as an area that does not meet 
the national primary ambient air quality ozone standard under 40 CFR 
Part 50, issued under the Clean Air Act, as amended (42 U.S.C. 1857), 
the master of the vessel shall ensure that when cargo tanks are 
ballasted in that port the hydrocarbon vapors in each tank are contained 
by a means under Sec. 157.132.
    Note: Questions relating to whether or not a particular port is 
located in an area designated in 40 CFR Part 81 as an area that does not 
meet the national primary ambient air quality standard under 40 CFR Part 
50 should be directed to the Plans Analysis Section of the Environmental 
Protection Agency at (919) 541-5665.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.168  Crew member: Main deck watch.

    During COW operations, the master shall ensure that at least one 
member of the crew with a designated responsibility for monitoring COW 
operations is on the main deck at all times.



Sec. 157.170  COW equipment: Removal.

    (a) Whenever a deck mounted COW machine is removed from the tank, 
the master shall ensure that:
    (1) The supply piping to that machine is blanked off; and
    (2) The tank opening is sealed by a secured plate made of steel or 
an equivalent material accepted by the Commandant.
    (b) If the equipment for the COW system is removed from a cargo tank 
for the carriage of cargoes other than crude oil and then reinstalled, 
the master shall ensure that, before COW operations are conducted, the 
system has no crude oil leakage.



Sec. 157.172  Limitations on grades of crude oil carried.

    If a tank vessel having a COW system meeting Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) does not have segregated ballast tanks or dedicated 
clean ballast tanks that meet Sec. 157.10c(c)(2), the owner, operator, 
and master shall ensure that the vessel carries only the grades of crude 
oil that can be used for crude oil washing.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



         Subpart E_Dedicated Clean Ballast Tanks on Tank Vessels

    Source: CGD 77-058b, 45 FR 43714, June 30, 1980, unless otherwise 
noted.

                                 General



Sec. 157.200  Plans for U.S. tank vessels: Submission.

    (a) Before modifications are made to a U.S. vessel to meet Sec. 
157.10a(b), Sec. 157.10b(a)(2), Sec. 157.10a(c)(2), or Sec. 
157.10c(c)(2), the owner or operator must submit to the Coast Guard 
plans

[[Page 501]]

or documents that include the following:
    (1) The dedicated clean ballast tank arrangement.
    (2) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the dedicated clean ballast 
tanks, meets the stability standards for load line assignment in 46 CFR 
Part 42.
    (3) Documentation, calculations, or a loading manual to show that 
the vessel, with the addition of the dedicated clean ballast tanks, 
meets the structural standards in 46 CFR Part 32.
    (4) A drawing or diagram of the pumping and piping system for the 
dedicated clean ballast tanks.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the 
dedicated clean ballast tank system is installed or to the Commanding 
Officer, U.S. Coast Guard Marine Safety Center, 400 7th Street, SW., 
Washington, DC 20590-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 
FR 82250, Dec. 15, 1980; CGD 82-28, 50 FR 11628, and 11630, Mar. 22, 
1985; CGD 85-048a, 51 FR 15481, Apr. 24, 1986; USCG-1998-3799, 63 FR 
35531, June 30, 1998]



Sec. 157.202  Plans and documents for foreign tank vessels: Submission.

    The owner or operator of a foreign tank vessel under Sec. 
150.10a(b), Sec. 157.10a(c)(2), or Sec. 157.10b(a)(2) who desires the 
letter from the Coast Guard under Sec. 157.204 accepting the plans 
submitted under this paragraph, and the owner or operator of a foreign 
tank vessel under Sec. 150.10c(c)(2) must submit to the Commandant (G-
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001--
    (a) Plans that include:
    (1) The dedicated clean ballast tank arrangement; and
    (2) A drawing or diagram of the pumping and piping system for the 
dedicated clean ballast tanks; and
    (b) Documentation from the authority that assigned the load line to 
the tank vessel that states that the location of the dedicated clean 
ballast tanks is acceptable to that authority.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.204  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the plans 
submitted under Sec. 157.200 or the plans and documents submitted under 
Sec. 157.202 are accepted, if the plans submitted under Sec. 157.200 
or the plans and documents submitted under Sec. 157.202 show that the 
dedicated clean ballast tank system meets this subpart.



Sec. 157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. 
tank vessels: Submission.

    The owner or operator of a U.S. tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) must submit two copies of a manual that meets Sec. 
157.224 to the Officer in Charge, Marine Inspection, of the zone in 
which the dedicated clean ballast tank system is installed or to the 
appropriate Coast Guard field technical office listed in Sec. 
157.200(b).

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985]



Sec. 157.208  Dedicated Clean Ballast Tanks Operations Manual for 
foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) desires a Coast Guard approved Dedicated Clean Ballast 
Tanks Operations Manual under Sec. 157.210, the owner or operator must 
submit two copies of a manual that meets Sec. 157.224 to the Commandant 
(G-MOC), U.S. Coast Guard, Washington, D.C. 20593-0001.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996]

[[Page 502]]



Sec. 157.210  Approved Dedicated Clean Ballast Tanks Operations Manual.

    If the manuals submitted under Sec. 157.206 or Sec. 157.208 meet 
Sec. 157.224, the Coast Guard approves the manuals and forwards one of 
the approved manuals to the submitter.



Sec. 157.212  Dedicated Clean Ballast Tanks Operations Manual: Not 
approved.

    If the Dedicated Clean Ballast Tanks Operations Manual submitted 
under Sec. 157.206 or Sec. 157.208 is not approved, the Coast Guard 
forwards a letter to the submitter with the reasons why the manual was 
not approved.



Sec. 157.214  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shall ensure that the vessel does not engage in a voyage 
unless the vessel has on board--
    (a) The letter under Sec. 157.204 accepting the dedicated clean 
ballast tank system plans;
    (b) The Coast Guard approved Dedicated Clean Ballast Tanks 
Operations Manual under Sec. 157.210; and
    (c) Any amending letters issued under Sec. 157.218 approving 
alterations.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, and 11630, Mar. 22, 1985]



Sec. 157.216  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vessel meeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shall ensure that the vessel does not enter the navigable 
waters of the United States or transfer cargo at a port or place subject 
to the jurisdiction of the United States unless the vessel has on 
board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Is certified by the government of the vessel's flag state 
because it meets the manual standards in Resolution 14 of the MARPOL 73/
78; and
    (2) Either of the following:
    (i) A letter from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 14 of the MARPOL 73/
78.
    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218(c).
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign tank vessel under Sec. 157.10c(c)(2) shall ensure that the 
vessel does not enter the navigable waters of the United States or 
transfer cargo at a port or place subject to the jurisdiction of the 
United States unless the vessel has on board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual meets Sec. 157.224; and
    (2) Either of the following:
    (i) A letter from an authorized CS or the government of the vessel's 
flag state certifying the vessel complies with Sec. Sec. 157.220 and 
157.222, and any amending letters issued approviding alterations.
    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218.

(Reporting and recordkeeping requirements approved by the Office of 
Management and Budget under control number 2115-0520)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985; USCG-2000-7641, 66 FR 
55573, Nov. 2, 2001]



Sec. 157.218  Dedicated clean ballast tanks: Alterations.

    The dedicated clean ballast tanks or equipment on a tank vessel that 
has a letter issued under Sec. 157.204 may not be altered so that they 
no longer meet the plans accepted under that section unless:
    (a) The owner or operator of that vessel submits plans that show the 
alterations to the Coast Guard official to which the plans were 
submitted under Sec. 157.200 or Sec. 157.202;
    (b) The owner or operator of that vessel submits changes to the 
manual

[[Page 503]]

under Sec. 157.224 that show and describe the alterations to the Coast 
Guard official to which the manuals were submitted under Sec. 157.206 
or Sec. 157.208; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating that the vessel, as altered, complies with this subpart.

                          Design and Equipment



Sec. 157.220  Dedicated clean ballast tanks: Standards.

    (a) Cargo tanks that are designated as dedicated clean ballast tanks 
must allow the tank vessel to meet the draft and trim requirements under 
Sec. Sec. 157.10a(d) and 157.10b(b).
    (b) Each tank under paragraph (a) of this section must be:
    (1) A wing tank; or
    (2) Any other tank that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 
FR 82250, Dec. 15, 1980]



Sec. 157.222  Pump and piping arrangements.

    (a) Dedicated clean ballast tanks must be connected to the least 
practicable:
    (1) Number of pumps; and
    (2) Amount of piping.
    (b) Each piping system that is arranged to convey clean ballast and 
cargo must be designed to be flushed to the slop tank with water.
    (c) The piping system of each dedicated clean ballast tank must be 
arranged so that oily water does not enter any dedicated clean ballast 
tank when the piping system is flushed.
    (d) The piping system of each dedicated clean ballast tank must have 
at least two valves that isolate that tank from each cargo tank.
    (e) The piping system of the dedicated clean ballast tanks must have 
a sample point that is located in a vertical section of discharge 
piping.
    Note: An example of a sample point is shown in 46 CFR Figure 
162.050-17(e).



Sec. 157.224  Dedicated Clean Ballast Tanks Operations Manual.

    Each Dedicated Clean Ballast Tanks Operations Manual must include 
the following information:
    (a) The text of the Annex of Resolution 14 of the MARPOL 73/78.
    (b) A description of the dedicated clean ballast tanks system.
    (c) A procedure for dedicated clean ballast tanks operations.
    Note: Appendix D is an example of such a procedure.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by USCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]

                Dedicated Clean Ballast Tanks Operations



Sec. 157.225  Dedicated clean ballast tanks operations: General.

    The master of a tank vessel meeting Sec. 157.10a(b), Sec. 
157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall ensure 
that--
    (a) Before clean ballast in any dedicated clean ballast tank is 
discharged or transferred, the pump and piping system for conveying the 
clean ballast are flushed with water;
    (b) Before any dedicated clean ballast tank is ballasted, the pump 
and piping system for conveying the ballast are flushed with water;
    (c) Before the pump and piping system of the dedicated clean ballast 
tanks are used for cargo transfer:
    (1) If water in the dedicated clean ballast tanks is used for 
flushing the pump and piping system, the volume of water for flushing is 
equal to at least 10 times the volume of the piping to be flushed;
    (2) The piping system is drained of fluid; and
    (3) The valves under Sec. 157.222(d) are closed;
    (d) Flushing water is pumped from a sea chest or a dedicated clean 
ballast tank through the pump and piping system of the dedicated clean 
ballast tanks and then to a slop tank;
    (e) Clean ballast from each dedicated clean ballast tank is 
discharged in accordance with Sec. 157.43;
    (f) When the pump and piping system are being flushed:
    (1) The oil content of the flushing water in the piping system is 
monitored; and
    (2) The pump and piping system are flushed until the oil content of 
the flushing water in the piping stabilizes; and

[[Page 504]]

    (g) If any pump or piping system that is flushed to meet paragraph 
(f) of this section is used to convey cargo during an emergency, that 
pump or piping system is flushed again to meet paragraph (f) of this 
section before being used to convey clean ballast.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985]



Sec. 157.226  Dedicated Clean Ballast Tanks Operations Manual: Procedures 
to be followed.

    The master of a foreign tank vessel meeting Sec. 157.10a(b), Sec. 
157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) that has the 
Dedicated Clean Ballast Tanks Operations Manual approved under Sec. 
157.210 and is operating in the navigable waters of the United States or 
transferring cargo at a port or place subject to the jurisdiction of the 
United States and the master of a U.S. tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a), or Sec. 
157.10c(c)(1) shall ensure that the procedure listed in the Dedicated 
Clean Ballast Tanks Operations Manual are followed.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



Sec. 157.228  Isolating Valves: Closed during a voyage.

    (a) The master of each U.S. tank vessel under Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed during each 
voyage.
    (b) The master of each foreign tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed when the 
vessel is on a voyage in the navigable waters of the United States.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



            Subpart F_Exemption From   157.10a or   157.10c

    Source: CGD 79-126, 46 FR 3513, Jan. 15, 1981, unless otherwise 
noted.



Sec. 157.300  Qualifications for exemptions under this part.

    (a) Each vessel under Sec. 157.10a or Sec. 157.10c of this part 
may qualify for an exemption from the requirements of Sec. 157.10a or 
Sec. 157.10c of this part if--
    (1) The vessel loads and discharges cargo only at ports or places 
within the United States, its territories, or its possessions; and
    (2) The application for exemption meets Sec. 157.302.
    (b) Except where the owner can show good cause, a vessel is not 
granted an exemption under this subpart if a previous exemption for the 
vessel has been revoked by the Coast Guard under Sec. 157.308(a)(1) or 
Sec. 157.308 (a)(2).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985]



Sec. 157.302  Applying for an exemption or requesting modification of 
an exemption.

    (a) Each application for an exemption or modification must be in 
writing and submitted to the Commandant (G-MOC), U.S. Coast Guard, 
Washington, D.C. 20593-0001.
    (b) Each application for exemption must include the following: (1) 
The name and official number of the vessel for which the exemption is 
requested.
    (2) A list of each port or place where the vessel would load cargo.
    (3) The name, address, and telephone number for each shore-based 
reception facility at each port listed under paragraph (b)(2) of this 
section where the vessel would discharge its ballast water and oil cargo 
residues, including:
    (i) The name or title of the person at each facility who should be 
contacted for information concerning the operation of the reception 
facility; and
    (ii) A statement from the facility owner disclosing whether or not, 
based on current operating conditions, the facility has the capability 
of processing the anticipated volume and type of discharges from the 
vessel without adversely affecting the service of the facility to 
current users.
    (4) The number of the permit under the National Pollutant Discharge 
Elimination System (NPDES permit) issued to each listed shore-based 
reception facility.
    (5) A list of each type of oil cargo that the vessel would load.

[[Page 505]]

    (6) A description of the method by which the vessel would discharge 
ballast water and oil cargo residues to each listed shore based 
reception facility.
    (c) Each request for modification to an exemption must include the 
following:
    (1) The name and official number of the vessel for which the 
modification to the exemption is requested.
    (2) The reason for requesting modification of the exemption.
    (3) Any additional information which is pertinent to the 
modification.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.304  Shore-based reception facility: standards.

    No shore-based reception facility may be listed to meet Sec. 
157.302(b)(3) unless that reception facility has:
    (a) A valid NPDES permit which allows it to process the ballast 
water and oil cargo residues of the vessel for which the exemption is 
being requested; and
    (b) The capacity to receive and store a volume of dirty ballast 
water equivalent to 30 percent of the deadweight, less the segregated 
ballast volume, of the vessel for which the exemption is being 
requested.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.306  Granting, denying, or modifying an exemption.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a written decision concerning the grant 
or denial of each exemption or modification requested under Sec. 
157.302.
    (b) If the exemption or request for modification is denied, the 
decision under paragraph (a) of this section includes the reasons for 
the denial.
    (c) Any person directly affected by, and not satisfied with, a 
decision made under paragraph (a) of this section may appeal that 
decision, in writing, to the Commandant (G-MOC), U.S Coast Guard, 
Washington, DC 20593-0001. The appeal may contain any supporting 
documentation or evidence that the appellant wishes to have considered.
    (d) The Commandant, U.S. Coast Guard issues a ruling after reviewing 
the appeal submitted under paragraph (c) of this section. This ruling is 
final agency action.

[CGD 79-126,46 FR 3513, Jan. 15, 1981, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]



Sec. 157.308  Revocation of exemption: procedure and appeals.

    (a) The Officer in Charge, Marine Inspection may consider the 
revocation of the exemption granted under this subpart when:
    (1) Requested by the vessel's owner;
    (2) There is evidence that the vessel's owner, operator, or master 
has failed to comply with the requirements of this subpart; or
    (3) There have been changes to the NPDES permit of a reception 
facility listed to meet Sec. 157.304(b)(3) that would adversely affect 
the ability of that facility to process the vessel's discharges.
    (b) The Officer in Charge, Marine Inspection, of the zone in which 
an occurrence under paragraph (a)(2) or (a)(3) of this section takes 
place notifies the owner, operator, and master of the exempted vessel of 
the specific reasons for considering the revocation of the exemption.
    (c) Evidence or arguments for the retention of the exemption that 
are submitted to the Officer in Charge, Marine Inspection within thirty 
days of receipt of the notice under paragraph (b) of this section will 
be considered before a ruling is made.
    (d) If the owner is not satisfied with the ruling made under this 
section by the Officer in Charge, Marine Inspection, that ruling may be 
appealed under the procedure in Sec. 157.06 of this part.



Sec. 157.310  Exempted vessels: operations.

    The owner, operator, and master of each vessel that has been granted 
an exemption under this subpart must ensure that:

[[Page 506]]

    (a) The vessel trades only between ports or places within the United 
States, its territories or possessions;
    (b) The vessel loads cargo only at ports or places listed in the 
exemption;
    (c) Except as allowed under Sec. 157.41 (a) and (b) of this part, 
any ballast water, except segregated ballast discharged in accordance 
with Sec. 157.43(b) of this part, and any tank washing or oil cargo 
residues are:
    (1) Retained on board; or
    (2) Transferred to a shore-based reception facility that is listed 
in the application for exemption, or in the case of an emergency or a 
shipyard entry, an alternative acceptable to the cognizant Officer in 
Charge, Marine Inspection;
    (d) The vessel loads only those cargoes listed in the exemption; and
    (e) The letter under Sec. 157.306 that grants the exemption is on 
board the vessel; or
    (f) The certificate of inspection bearing the following endorsement 
is on board the vessel:

Exempted under 33 CFR 157.306 from the requirements of (33 CFR 157.10a 
or 157.10c, whichever is appropriate, will be inserted). This vessel may 
not discharge cargo in any foreign port, nor may it load cargo in a port 
other than the following: (a list of ports contained in the application 
that is accepted by the Coast Guard for the exempted vessel will be 
inserted here).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Subpart G_Interim Measures for Certain Tank Vessels Without Double Hulls 
                         Carrying Petroleum Oils

    Source: CGD 91-045, 59 FR 40188, Aug. 5, 1994, unless otherwise 
noted.



Sec. 157.400  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
petroleum oil spills.
    (b) This subpart applies to each tank vessel specified in Sec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries petroleum oil in bulk as cargo or oil cargo residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with a double hull at a date set forth in 46 
U.S.C. 3703a (b)(3) and (c)(3).

[CGD 91-045, 61 FR 39788, July 30, 1996, as amended by USCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]



Sec. 157.410  Emergency lightering requirements for oil tankers.

    Each oil tanker, to which this subpart applies, shall carry the 
equipment listed in paragraphs (a), (b), and (c) of this section. This 
equipment shall be located on the main deck, in the cargo control room, 
in the pump room, or in the forecastle locker. This equipment must be 
protected from the weather and must be stored in one separate and marked 
location which is as convenient to the cargo manifold, as is 
practicable.
    (a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow 
at least two simultaneous transfer connections to be made from the 
vessel's cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-
inch), and 25-centimeter (10-inch) cargo hoses. All reducers must be 
permanently marked with sizes.
    (b) One extra set of adapters, bolts, washers, nuts, and gaskets per 
reducer set must be carried as spares.
    (c) Reducers, bolts, and gaskets must meet the requirements of 46 
CFR 56.25. Cast iron and malleable iron must not be used.

[CGD 91-045, 59 FR 40188, Aug. 5, 1994, as amended by CGD 91-045, 61 FR 
39789, July 30, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 157.415  Bridge resource management policy and procedures.

    (a) Not later than February 1, 1997, a tankship owner or operator 
shall provide written policy and procedures to masters and officers in 
charge of the navigational watch concerning the need for continuously 
reassessing how

[[Page 507]]

bridge-watch resources are being allocated and used, based on bridge 
resource management principles. This written policy and procedures must 
include vessel and crew specific examples that address the following:
    (1) The number of qualified individuals that should be on watch to 
ensure that all duties can be performed effectively.
    (2) The appropriate qualifications of all members of the 
navigational watch, the importance of confirming that all members of the 
watch are fit for duty, and the need to ensure that all members of the 
navigational watch are not impaired by fatigue.
    (3) The need to take into account any known limitation in 
qualifications or fitness of individuals when making navigational and 
operational decisions.
    (4) The need to be clear and unambiguous in assigning duties and the 
need to establish that the individual understands his or her 
responsibilities.
    (5) The need to perform tasks in a clear order of priority and to 
adjust the priority of tasks as circumstances may require.
    (6) The importance of assigning and reassigning members of the watch 
to locations where they can perform their duties most effectively.
    (7) Conditions that warrant task reassignment among members of the 
watch.
    (8) The instruments and equipment necessary for the effective 
performance of each task and appropriate actions if the instruments and 
equipment are not available or not functioning properly.
    (9) The need for, and examples of, clear, immediate, reliable, and 
relevant communication among members of the navigational watch.
    (10) The action to be taken to suppress, remove, and avoid 
nonessential activity and distractions on the bridge.
    (11) The importance of collecting, processing, and interpreting all 
essential information and making it conveniently available to other 
members of the navigational watch and the pilot, as necessary to perform 
their duties.
    (12) The need to ensure that nonessential materials are not placed 
on the bridge.
    (13) The need to ensure that members of the navigational watch are 
prepared to respond at all times efficiently and effectively to changes 
in circumstances.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties that are similar to the duties of the officer in 
charge of a navigational watch on the primary towing vessel have been 
provided written bridge resource management policy and procedures as 
specified in paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.420  Vessel specific watch policy and procedures.

    (a) Not later than February 1, 1997, the owner or operator of a 
tankship shall provide written policy and procedures to masters 
concerning the need for each individual who is newly employed on board 
the vessel to have a reasonable opportunity to become familiar with the 
shipboard equipment, operating procedures, and other arrangements needed 
for the proper performance of their duties, before being assigned to 
such duties. This written policy and procedures shall be followed by the 
master and shall include the following:
    (1) Allocation of a reasonable and appropriate time period for each 
newly employed individual to allow him or her the opportunity to become 
acquainted with the following:
    (i) The specific equipment the individual will be using or 
operating; and
    (ii) The vessel specific watchkeeping, safety, environmental 
protection, and emergency procedures and arrangements the individual 
needs to know to perform the assigned duties properly.
    (2) Designation of a knowledgeable crew member who will be 
responsible for ensuring that an opportunity is provided to each newly 
employed individual to receive essential information in a language the 
individual understands.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties as master or operator on the primary towing vessel 
have been provided written policy and procedures as

[[Page 508]]

specified in paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.430  Enhanced survey requirements.

    Beginning at each tank vessel's next regularly scheduled drydock 
examination and continuing as required under 46 CFR part 31, or, for 
each foreign flagged tank vessel, beginning at the next drydock and 
continuing as required under the foreign vessel's flag administration, a 
tank vessel owner or operator shall--
    (a) Implement an enhanced survey program that complies with the 
standards of IMO Resolution A.744(18), Annex B sections 1.1.3-1.1.4, 
1.2-1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with appendices;
    (b) Implement a vessel specific survey program that provides a level 
of protection equivalent to the requirements in paragraph (a)(1) of this 
section and is approved by the Commandant (G-MOC). A written request for 
program equivalency under this paragraph must be submitted to the 
Commandant (G-MOC); or
    (c) For a tankship of less than 20,000 deadweight tons (dwt) 
carrying crude oil, a tankship of less than 30,000 dwt carrying product, 
or a tank barge, implement an enhanced survey program that--
    (1) Includes oversight of the program by the Coast Guard, the 
vessel's flag administration, an authorized classification society as 
described in Sec. 157.04 of this part, or a licensed professional 
engineer;
    (2) Has the frequency of survey which is no less than the 
inspections required by 46 CFR subpart 31.10;
    (3) Has survey scope and recordkeeping requirements that are 
comparable to the requirements of paragraph (a)(1) of this section; and
    (4) Includes keeping a copy of the most recent survey on board the 
vessel or, upon request by the Coast Guard, making the surveys available 
within 24 hours for examination.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.435  Vital systems surveys.

    (a) A tank vessel owner or operator shall ensure that surveys of the 
following systems are conducted:
    (1) Cargo systems. The survey must include the examination and 
testing of the items listed in chapters 6, 7, and 10 of the 
International Safety Guide for Oil Tankers and Terminals, if applicable, 
prior to cargo transfer operations.
    (2) Mooring systems. The survey must include a visual examination of 
the emergency towline, the anchor releasing mechanism, and mooring lines 
prior to entering the port or place of destination, if weather permits, 
or prior to getting underway.
    (b) Surveys must be conducted by company management personnel, 
company designated individuals, or vessel officers knowledgeable about 
the equipment operating parameters and having the authority, capability, 
and responsibility to initiate corrective action when the equipment is 
not functioning properly.
    (c) The results of the survey required in paragraph (a) of this 
section, including the material condition of each system, must be 
recorded in the tank vessel's deck log or other onboard documentation.

[CGD 91-045, 61 FR 39789, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Sec. 157.440  Autopilot alarm or indicator.

    (a) A tankship owner or operator shall ensure that each installed 
autopilot unit without automatic manual override has an audible and 
visual alarm, which is distinct from other required bridge alarms, that 
will activate if the helm is manually moved while the autopilot is 
engaged.
    (b) A tank barge owner or operator shall ensure that each autopilot 
unit without automatic manual override installed on the primary towing 
vessel has a means to clearly indicate the autopilot status and warns 
personnel of the requirement to disengage the autopilot if positive 
rudder control is needed.

[CGD 91-045, 61 FR 39790, July 30, 1996]

[[Page 509]]



Sec. 157.445  Maneuvering performance capability.

    (a) A tankship owner or operator shall ensure that maneuvering tests 
in accordance with IMO Resolution A.751(18), sections 1.2, 2.3-2.4, 3-
4.2, and 5 (with Explanatory Notes in MSC/Circ.644) have been conducted 
by July 29, 1997. Completion of maneuvering performance tests must be 
shown by--
    (1) For a foreign flag tankship, a letter from the flag 
administration or an authorized classification society, as described in 
Sec. 157.04 of this part, stating the requirements in paragraph (a) of 
this section have been met; or
    (2) For a U.S. flag tankship, results from the vessel owner 
confirming the completion of the tests or a letter from an authorized 
classification society, as described in Sec. 157.04 of this part, 
stating the requirements in paragraph (a) of this section have been met.
    (b) If a tankship undergoes a major conversion or alteration 
affecting the control systems, control surfaces, propulsion system, or 
other areas which may be expected to alter maneuvering performance, the 
tankship owner or operator shall ensure that new maneuvering tests are 
conducted as required by paragraph (a) of this section.
    (c) If a tankship is one of a class of vessels with identical 
propulsion, steering, hydrodynamic, and other relevant design 
characteristics, maneuvering performance test results for any tankship 
in the class may be used to satisfy the requirements of paragraph (a) of 
this section.
    (d) The tankship owner or operator shall ensure that the performance 
test results, recorded in the format of Appendix 6 of the Explanatory 
Notes in MSC/Circ.644, are prominently displayed in the wheelhouse.
    (e) Prior to entering the port or place of destination and prior to 
getting underway, the tankship master shall discuss the results of the 
performance tests with the pilot while reviewing the anticipated transit 
and the possible impact of the tankship's maneuvering capability on the 
transit.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Sec. 157.450  Maneuvering and vessel status information.

    A tankship owner, master, or operator shall comply with IMO 
Resolution A.601(15), Annex sections 1.1, 2.3, 3.1, and 3.2, with 
appendices.

[CGD 91-045, 61 FR 39790, July 30, 1996]



Sec. 157.455  Minimum under-keel clearance.

    (a) The owner or operator of a tankship, that is not fitted with a 
double bottom that covers the entire cargo tank length, shall provide 
the tankship master with written under-keel clearance guidance that 
includes--
    (1) Factors to consider when calculating the ship's deepest 
navigational draft;
    (2) Factors to consider when calculating the anticipated controlling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tankship owner or operator 
shall be contacted prior to port entry or getting underway; if no such 
conditions exist, the guidance must contain a statement to that effect.
    (b) Prior to entering the port or place of destination and prior to 
getting underway, the master of a tankship that is not fitted with the 
double bottom that covers the entire cargo tank length shall plan the 
ship's passage using guidance issued under paragraph (a) of this section 
and estimate the anticipated under-keel clearance. The tankship master 
and the pilot shall discuss the ship's planned transit including the 
anticipated under-keel clearance. An entry must be made in the 
tankship's official log or in other onboard documentation reflecting 
discussion of the ship's anticipated passage.
    (c) The owner or operator of a tank barge, that is not fitted with a 
double bottom that covers the entire cargo tank length, shall not permit 
the barge to be towed unless the primary towing vessel master or 
operator has been provided with written under-keel clearance guidance 
that includes--
    (1) Factors to consider when calculating the tank barge's deepest 
navigational draft;

[[Page 510]]

    (2) Factors to consider when calculating the anticipated controlling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tank barge owner or operator 
shall be contacted prior to port entry or getting underway; if no such 
conditions exist, the guidance must contain a statement to that effect.

[CGD 91-045, 62 FR 49608, Sept. 23, 1997]



Sec. 157.460  Additional operational requirements for tank barges.

    (a) Emergency steering capability. The owner or operator of each 
tank barge shall not permit the barge to be towed unless, by November 
27, 1997, the primary towing vessel has--
    (1) A steering gear system with a main power unit, an alternative 
power unit, and two remote steering gear control systems, except that 
separate steering wheels or steering levers are not required. The 
steering gear control systems must be arranged so that if the system in 
operation fails, the other system can be brought into immediate 
operation from a position on the navigating bridge; or
    (2) Twin screw propulsion with separate control systems for each 
propeller.
    (b) Fendering system. An owner or operator of a tank barge shall not 
permit the barge to be towed unless the primary towing vessel and any 
fleeting or assist towing vessels have a fendering system that is of 
substantial size and composition to prevent metal to metal contact 
between the towing vessel and the barge during maneuvering operations.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Subpart H_Interim Measures for Certain Tank Vessels Without Double Hulls 
                  Carrying Animal Fat or Vegetable Oil

    Source; CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.



Sec. 157.500  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of animal fat or vegetable oil.
    (b) This subpart applies to each tank vessel specified in Sec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries animal fat or vegetable oil in bulk as cargo or cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with a double hull at a date set forth in 46 
U.S.C. 3703a (b)(3) and (c)(3).



Sec. 157.510  Operational measures.

    An owner or operator of a tank vessel that carries animal fat or 
vegetable oil in bulk as cargo or cargo residue shall comply with the 
requirements in all sections of subpart G of this part.



Subpart I_Interim Measures for Certain Tank Vessels Without Double Hulls 
                    Carrying Other Non-Petroleum Oil

    Source; CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.



Sec. 157.600  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of other non-petroleum oil.
    (b) This subpart applies to each tank vessel specified in Sec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries other non-petroleum oil in bulk as cargo or cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with a double hull at a date set forth in 46 
U.S.C. 3703a (b)(3) and (c)(3).



Sec. 157.610  Operational measures.

    An owner or operator of a tank vessel that carries other non-
petroleum oil in bulk as cargo or cargo residue shall comply with the 
requirements in all sections of subpart G of this part.

[[Page 511]]

 Appendix A to Part 157--Damage Assumptions, Hypothetical Outflows, and 
                    Cargo Tank Size and Arrangements

    1. Source. The procedures for the damage assumption calculations 
contained in this Appendix conform to Regulations 22, 23, and 24 of 
Annex I of the International Convention for the Prevention of the 
Pollution from Ships, 1973, done at London, November 2, 1973.
    2. Assumptions. For the purpose of calculating hypothetical outflow 
from tank vessels, three dimensions of the extent of damage of a 
parallelepiped on the side and bottom of the vessel are assumed.
    (a) For side damage, the conditions are as follows:

------------------------------------------------------------------------
                  Damage                             Conditions
------------------------------------------------------------------------
(1) Longitudinal extent lc................  \1/3\ L2/3 or 14.5 m,
                                             whichever is less.
(2) Transverse extent (tc) (inboard from    B
 the vessel's side at right angles to the   --or 11.5 m, whichever is 5
 centerline at the level corresponding to    less.
 the assigned summer freeboard).
(3) Vertical extent (vc)..................  From the base line upwards
                                             without limit.
------------------------------------------------------------------------

    (b) For bottom damage, two conditions to be applied individually to 
the stated portions of the vessel, as follows:

------------------------------------------------------------------------
                                               Conditions
                              ------------------------------------------
            Damage                For 0.3L from the
                                forward perpendicular    Any other part
                                       of ship               of ship
------------------------------------------------------------------------
(1) Longitudinal extent (ls).  L/10...................  L/10 or 5
                                                         meters,
                                                         whichever is
                                                         less.
(2) Transverse extent (ts)...  B/6 or 10 meters,        5 meters.
                                whichever is less but
                                not less than 5 meters.
(3) Vertical extent from the   B/15 or 6 meters,        B/15 or 6
 base line (vs).                whichever is less.       meters,
                                                         whichever is
                                                         less.
------------------------------------------------------------------------

    3. Hypothetical Outflow of Oil. (a) The hypothetical outflow of oil 
in the case of side damage (Oc) and bottom damage 
(Os) is calculated by the following formula with respect to 
compartments breached by damage to all conceivable locations along the 
length of the vessel to the extent as defined in section 2 of this 
Appendix.
    (1) For side damages: Formula

Oc = [Sigma] Wi+[Sigma] KiCi

    (2) For bottom damage: Formula II

Os = \1/3\([Sigma] ZiWi+[Sigma] ZiCi)
Where:

Wi=Volume of a wing tank assumed to be breached by the damage 
as specified in section 2 of this Appendix; Wi for a 
segregated ballast tank may be taken equal to zero;
Ci=Volume of a center tank assumed to be breached by the 
damage as specified in section 2 of this Appendix; Ci for a 
segregated ballast tank may be taken equal to zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.180

when bi is equal to or greater than tc, 
Ki is equal to zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.181

when hi is equal to or greater than vs, 
Zi is equal to zero;
bi=Minimum width of wing tank under consideration measured 
inboard from the vessel's side at right angles to the centerline at the 
level corresponding to the assigned summer freeboard; and
hi=Minimum depth of the double bottom under consideration; 
where no double bottom is fitted, hi is equal to zero.

    (b) If a void space or segregated ballast tank of a length less than 
lc is located between wing oil tanks, Oc in 
formula I of this section may be calculated on the basis of volume 
Wi being the actual volume of one such tank (where they are 
of equal capacity) or the smaller of the two tanks (if they differ in 
capacity), adjacent to such space, multiplied by Si as 
defined below and taking for all other wing tanks involved in such a 
collision the value of the actual full volume.
[GRAPHIC] [TIFF OMITTED] TC15NO91.182

Where li=length of void space or segregated ballast tank 
under consideration.

    (c) Credit is only given in respect to double bottom tanks which are 
either empty or carrying clean water when cargo is carried in the tanks 
above.
    (1) If the double bottom does not extend for the full length and 
width of the tank involved, the double bottom is considered nonexistent 
and the volume of the tanks above the area of the bottom damage must be 
included in formula II of this section even if the tank is not 
considered breached because of the installation of such a partial double 
bottom.
    (2) Suction wells may be neglected in the determination of the value 
hi if such wells

[[Page 512]]

are not excessive in area and extend below the tank for a minimum 
distance and in no case more than half the height of the double bottom. 
If the depth of such a well exceeds half the height of the double 
bottom, hi is taken equal to the double bottom height minus 
the well height.
    (d) In the case where bottom damage simultaneously involves four 
center tanks, the value of Os may be calculated according to 
formula III as follows:
    Os = \1/4\([Sigma] ZiWi+[Sigma] ZiCi)
    (e) Credit for reduced oil outflow from bottom damage may be applied 
to formula III for an installed emergency high suction cargo transfer 
system that:
    (1) transfers within two hours oil equal to one half of the volume 
of the largest tank involved;
    (2) has sufficient ballast or cargo tankage available to receive the 
transferred oil; and
    (3) has the high suction piping installed at a height not less than 
the vertical extent of bottom damage (vs).
    4. Allowable volumes of cargo tanks.
    (a) The allowable volume of a wing cargo tank (VOLw) is 
equal to seventy-five percent of OA. In a segregated ballast 
tank vessel VOLw may equal OA for a wing cargo oil 
tank located between two segregated ballast tanks each of length greater 
than lc and width greater than tc.
    (b) The allowable volume of a center cargo tank (VOLc) is 
50,000 cubic meters.
    5. Allowable length of cargo tanks.
    The length of each cargo tank (1 a) must not exceed 10 meters or the 
distance calculated from (a), (b), or (c), as appropriate, whichever is 
greater:
    (a) Where no longitudinal bulkhead is provided inside the cargo 
tanks: 1 a=[0.5(bi/B)+0.1] L, but not to exceed 0.2L.
    (b) Where a centerline longitudinal bulkhead is provided inside the 
cargo tanks: 1 a=[0.25(bi/B)+0.15] L, but not to exceed 0.2L.
    (c) Where two or more longitudinal bulkheads are provided inside the 
cargo tanks:
    (1) For wing cargo tanks: 1 a = 0.2L.
    (2) For center cargo tanks:
    (i) If (bi/B) is equal to or greater than 0.2, 1 a = 0.2L.
    (ii) If (bi/B) is less than 0.2:
    (A) Where no centerline longitudinal bulkhead is provided, 1 a = 
[0.5(bi/B) + 0.1] L.
    (B) Where a centerline longitudinal bulkhead is provided, 1 a = 
[0.25(bi/B) + 0.15] L.
    (d) ``bi'' is the minimum distance from the ship's side to the outer 
longitudinal bulkhead of the tank in question, measured inboard at right 
angles to the centerline at the level corresponding to the assigned 
summer freeboard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 90-051, 57 FR 36245, Aug. 12, 1992]

      Appendix B to Part 157--Subdivision and Stability Assumptions

    1. Source. The procedures for the loading assumption calculations 
contained in this Appendix conform to Regulation 25 of Annex I of the 
International Convention for the Prevention of the Pollution from Ships, 
1973, done at London, November 2, 1973.
    2. Loading Assumptions. For the purpose of calculating subdivision 
and damage stability for a tank vessel, the operating drafts must 
reflect actual partial or full load conditions consistent with trim and 
strength of the vessel. Ballast conditions need not be considered if the 
tank vessel is not carrying oil in cargo tanks excluding oily residues. 
Loading condition must reflect the specific gravities of the cargo.
    3. Damage Assumptions.
    (a) Damage is applied to all conceivable locations along the length 
of the vessel as follows:
    (1) For a vessel of more than 225 meters in length, anywhere in the 
vessel's length.
    (2) For a vessel of more than 150 meters, but not exceeding 225 
meters in length, anywhere in the vessel's length except where the after 
or forward bulkhead bounding a machinery space located aft is involved 
in the damage assumption. The machinery space is calculated as a single 
floodable compartment.
    (3) For a vessel 150 meters or less in length, anywhere in the 
vessel's length between adjacent transverse bulkheads except the 
machinery space.
    (b) The extent and the character of the assumed side or bottom 
damage, as defined in section 2 of Appendix A of this part, must be 
applied except longitudinal bottom damage within 0.3L from the forward 
perpendicular must be assumed to be the same as that for side damage. If 
any damage of lesser extent results in a more severe condition, such 
damage must be assumed.
    (c) If damage involves transverse bulkheads as specified in 
paragraphs (a)(1) and (2) of this section, transverse watertight 
bulkheads must be spaced at least at a distance equal to the 
longitudinal extent of the assumed damage specified in paragraph (b) of 
this section in order to be considered effective. Where transverse 
bulkheads are spaced at a lesser distance, one or more of these 
bulkheads within such extent of damage must be assumed as nonexistent 
for the purpose of determining flooded compartments.
    (d) If the damages between adjacent transverse watertight bulkheads 
is within the definition contained in paragraph (a)(3) of this section, 
no main transverse bulkhead or a transverse bulkhead bounding side tanks 
or double bottom tanks is to be assumed damaged, unless:
    (1) the spacing of the adjacent bulkheads is less than the 
longitudinal extent of assumed

[[Page 513]]

damage defined in paragraph (b) of this section; or
    (2) there is a step or a recess in a transverse bulkhead of more 
than 3.05 meters in length, located within the extent of penetrations of 
assumed damage. The step formed by the after peak bulkhead and after 
peak tank top is not regarded as a step for these calculations.
    (e) If pipes, ducts, or tunnels are situated within the assumed 
extent of damage, there must be arrangements so that progressive 
flooding may not thereby extend to compartments other than those assumed 
to be floodable for each case of damage.
    (f) For oil tankers of 20,000 DWT and above, the damage assumptions 
must be supplemented by the following assumed bottom raking damage:
    (1) Longitudinal extent:
    (i) For ships of 75,000 DWT and above, 0.6L measured from the 
forward perpendicular.
    (ii) For ships of less than 75,000 DWT, 0.4L measured from the 
forward perpendicular.
    (2) Transverse extent: B/3 anywhere in the bottom.
    (3) Vertical extent: Breach of the outer hull.
    4. Characteristic and Condition Assumption for Calculations.
    (a) Account must be taken of any empty or partially filled tanks, 
the specific gravity of cargoes carried, and any outflow of liquids from 
damaged compartments.
    (b) The permeabilities are assumed as follows:

------------------------------------------------------------------------
                    Intended space use                      Permeability
------------------------------------------------------------------------
Stores....................................................          0.60
Accommodation.............................................          0.95
Machinery.................................................          0.85
Voids.....................................................          0.95
Consumable liquids........................................      \1\ 0 or
                                                                    0.95
Other liquids.............................................     \2\ 10 or
                                                                    0.95
------------------------------------------------------------------------
\1\ Whichever results in the more severe requirements.
\2\ The permeability of partially filled compartments must be consistent
  with actual density and the amount of liquid carried.

    (c) The buoyancy of any superstructure directly above the side 
damage is to be disregarded. The unflooded parts of superstructures 
beyond the extent of damage may be taken into consideration if they are 
separated from the damaged space by watertight bulkheads and no 
progressive flooding of these intact spaces takes place. Class I doors 
are allowed in watertight bulkheads in the superstructure.
    (d) The free surface effect is to be calculated:
    (1) at an angle of heel of 5 degrees for each individual 
compartment; or
    (2) by assessing the shift of liquids by moment of transference 
calculations.
    (e) In calculating the effect of free surfaces of consumable 
liquids, it is to be assumed that, for each type of liquid, at least one 
transverse pair or a single centerline tank has a free surface and the 
tank or combination of tanks to be taken into account is to be those 
where the effect of free surface is the greatest.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]

   Appendix C to Part 157--Procedure for Determining Distribution of 
 Segregated Ballast Tanks To Provide Protection Against Oil Outflow in 
              the Event of Grounding, Ramming, or Collision

    1. Source. The procedure for determining the distribution of 
segregated ballast tanks contained in this appendix conforms to 
Regulation 13E of the MARPOL Protocol.
    2. Procedure. Protective location of segregated ballast tanks, 
voids, and other spaces that do not carry cargo which are within the 
cargo tank length is determined from the following:

[Sigma] PAc + [Sigma] PAs = 
J[Lt(B + 2D)]

Where:

PAc=the side shell area in square meters based on projected 
molded dimensions for each segregated ballast tank, void, or other space 
that does not carry cargo and which complies with paragraph 2(b) of this 
appendix;
PAs=the bottom shell area in square meters based on projected 
molded dimensions for each segregated ballast tank, void, or other space 
that does not carry cargo and which complies with paragraph 2(b) of this 
appendix;
Lt=the length in meters between the forward and after 
extremities of the cargo tanks;
B=the maximum breadth of the ship in meters measured amidship to the 
molded line of the frame; and
D=the molded depth in meters measured vertically from the top of the 
keel plate to the top of the freeboard deck beam at the side amidships. 
In tank vessels having rounded gunwales, the molded depth is measured 
from the top of the keel plate to the point of intersection of the 
molded lines of the deck and side shell plating, the lines being 
extended as though the gunwale were of angular design.

    (a) Method of determining a value for J.
    (1) For tank vessels for 20,000 DWT, J=0.45.
    (2) For tank vessels of 200,000 DWT or more:
    (i) J=0.30; or
    (ii) J=the greater of 0.20, or
    [GRAPHIC] [TIFF OMITTED] TC15NO91.183
    
where:


[[Page 514]]


a=0.25 for tank vessels of 200,000 DWT.
a=0.40 for tank vessels of 300,000 DWT.
a=0.50 for tank vessels of 420,000 DWT.

    For values of DWT between 200,000 and 300,000 DWT, 300,000 and 
420,000 DWT, and greater than 420,000 DWT, the value of ``a'' is 
determined by linear interpolation.

Oc = as calculated in Appendix A of this part.
Os = as calculated in Appendix A of this part.
OA = the allowable oil outflow meeting Sec. 157.19(b)(1) of 
this part.

    (3) For values of DWT between 20,000 and 200,000 DWT, the value of 
``J'' is determined by linear interpolation between 0.45 and 0.30 
respectively.
    (b) PAc and PAs: Criteria for determining the 
segregated ballast tanks, voids, and other spaces that do not carry 
cargo.
    The following criteria are to be met for a segregated ballast tank, 
void, or space that does not carry cargo, to be used in determining 
PAc and PAs:
    (1) The minimum width of each wing tank or space, either of which 
extends for the full depth of the vessel's side or from the main deck to 
the top of the double bottoms is 2 meters or more. The width is measured 
inboard from the vessel's side shell plating at right angles to the 
vessel's center line. If a wing tank or space has a width anywhere 
within it that is less than 2 meters, that wing tank or space is not 
used when calculating PAc.
    (2) The minimum vertical depth of each double bottom tank or space 
is B/15 or 2 meters, whichever is smaller. If a double bottom tank or 
space has a depth less than B/15 or 2 meters, whichever is smaller, 
anywhere within it, the double bottom or space is not to be used when 
calculating PAs.
    (3) The minimum width of a wing tank or space is not measured in the 
way of--
    (i) the turn of the bilge area; or
    (ii) a rounded gunwale area.
    (4) The minimum depth of a double bottom tank or space is not 
measured in the way of the turn of the bilge area.

[CGD 77-058b, 45 FR 43716, June 30, 1980]

   Appendix D to Part 157--Example of a Procedure for Dedicated Clean 
                        Ballast Tanks Operations

    1. Source. The example procedure for dedicated clean ballast tanks 
operation contained in this appendix conforms to the Annex of Resolution 
14 of the MARPOL Protocol.
    2. Example Procedure. Dedicated clean ballast tanks operational 
procedure:
    (a) Before arrival at the loading port:
    (1) Transfer all remaining oily mixtures to a cargo tank.
    (2) Ensure that the pumping and piping designated for clean ballast 
operation have been properly cleaned to accommodate simultaneous 
discharge of clean ballast while loading.
    (3) Ensure that all valves to the slop tank and the cargo tanks are 
closed.
    (4) Perform visual inspection of all dedicated clean ballast tanks 
and their contents, if any, for signs of contamination.
    (5) Discharge a sufficient amount of clean ballast water to ensure 
that remaining ballast water and cargo to be loaded will not exceed the 
permissible deadweight or draft. Leave a sufficient amount of water for 
flushing the piping, and as a minimum, a quantity equal to 10 times the 
volume of the affected piping.
    (6) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (7) If no further ballast discharge is anticipated, drain the clean 
ballast piping.
    (b) In the loading port:
    (1) Perform normal loading operations of cargo tanks.
    (2) Ensure sufficient slop tank capacity is available for subsequent 
reception of cargo pump and piping flushings.
    (3) When applicable, discharge remaining clean ballast before entire 
piping system is used for loading. Leave the required minimum quantity 
of flushing water in ballast tanks.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Ensure that all valves to the cargo tank are closed upon 
completion of loading.
    (c) After departure from the loading port:
    (1) Flush appropriate pumping and piping with sufficient water from 
dedicated clean ballast tanks into a slop tank.
    (2) Ensure that valves to the slop tank are closed before pumping 
the remaining clean water overboard and monitoring oil content of the 
water.
    (3) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (d) Before arrival at the unloading port:
    (1) Ensure that all valves to the slop tank and cargo tanks are 
closed.
    (2) Recheck that the pumping and piping designated for clean ballast 
operation have been properly cleaned.
    (3) Ballast through clean cargo pumps and piping, considering the 
port's draft requirements.
    (4) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (e) In the unloading port:
    (1) Allocate pumping and piping intended for clean ballast 
operation.
    (2) Perform normal unloading operations.
    (3) As soon as draft conditions permit, complete ballasting to 
departure conditions.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Complete unloading.
    (f) After departure from the unloading port:

[[Page 515]]

    (1) Flush pumps and piping servicing the dedicated clean ballast 
tanks into the slop tank.
    (2) Top up dedicated clean ballast tanks.
    (3) Process the slop tank content in accordance with load on top 
(LOT) procedures.

[CGD 77-058b, 45 FR 43717, June 30, 1980, as amended by USCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]

Appendix E to Part 157--Specifications for the Design, Installation and 
   Operation of a Part Flow System for Control of Overboard Discharges

    Source. Appendix 2 to Annex 5 of IMO's Marine Environment Protection 
Committee document MEPC/Circ. 97. Paragraphs 1 and 2 are printed for 
information. Paragraphs 3, 4, and 5 are incorporated into Sec. Sec. 
157.11 and 157.37.
    Note: Information in square brackets on Figure 1 has been added by 
the Coast Guard for clarity.

                                1 Purpose

    The purpose of these Specifications is to provide specific design 
criteria and installation and operational requirements for the part flow 
system referred to in Regulation 18(6)(e) of Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973 as modified by the Protocol of 1978 relating t