(a) The Captain of the Port (COTP) may, upon written request except as allowed in paragraph (c) of this section, waive any regulation in § 128.80111 through § 128.801-37 if he finds that the proposed operation can be conducted safely under the terms of that waiver.

(b) Each written request for a waiver must state the need for the waiver and describe the proposed operation.

(c) Under unusual circumstances due to time constraints, the person in charge may orally request an immediate waiver from the COTP. The written request for a waiver must be submitted within five working days after the oral request.

(d) The COTP may at any time terminate any waiver issued under this section.

§ 128.801-7 Waiver appeals.

An applicant for a waiver that is denied by the COTP may appeal in writing to the District Commander, whose determination is final.

§ 128.801-9 Emergencies.

In an emergency, a person may depart from any regulation in $128.801-11 through § 128.801-37 to the extent necessary to avoid immediate danger to persons, property, or the environment.

MOORING

§ 128.801-11 Mooring: General.

(a) No person may secure a barge to trees or to other vegetation.

(b) No person may allow a barge to be moored with unraveled or frayed

lines or other defective or worn moorings.

(c) No person may moor barges side to side unless they are secured to each other from fittings as close to each corner of abutting sides as practicable.

(d) No person may moor barges end to end unless they are secured to each other from fittings as close to each corner of abutting ends as practicable.

§ 128.801-13 Mooring to a mooring device.

(a) A barge may be moored to mooring devices if the upstream end of that barge is secured to at least one mooring device and the downstream end is secured to at least one other mooring device.

(b) Barges moored in tiers may be moored to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device, and the shoreward barge at the downstream end of the tier is secured to at least one other mooring device.

(c) Each wire rope used between the upstream end of a barge and a mooring device must have at least a diameter of 11⁄4". Chain or line used between the upstream end of a barge and a mooring device must be of at least equivalent strength to 14" diameter wire rope.

(d) Each wire rope used between the downstream end of a barge and a mooring device must have at least a diameter of ". Chain or line used between the downstream end of a barge and a mooring device must be of at least equivalent strength of " diameter wire rope.

§ 128.801-15 Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or pier. The person in charge shall ensure that a barge moored to another barge, a mooring or spar barge, a vessel, a wharf, or a pier, is secured as near as practicable to each abutting corner of the barge being moored by

(a) Three parts of wire rope of at least 8" diameter with an eye at each end of the rope passed around the timberhead, caval, or button;

(b) A mooring of natural or synthetic fiber rope that has at least 75 per

cent of the breaking strength of three parts of " diameter wire rope; or

(c) Fixed rigging that is at least equivalent to three parts of %" diameter wire rope.

§ 128.801-17 Mooring: Person in charge.

(a) The person in charge of a barge, tier, fleet, or fleeting facility shall ensure that the barge, tier, fleet, or fleeting facility meets the requirements in §§ 128.801-11 and 128.801-13.

(b) The person in charge shall ensure that all mooring devices, wires, chains, lines, and connecting gear are of sufficient strength and in sufficient number to withstand forces that may be exerted on them by moored barges. SUPERVISION OF FLEETING FACILITIES

§ 128.801-19 Fleeting facility: Inspection of moorings.

(a) The person in charge of a fleeting facility shall assign a person to inspect moorings in accordance with the requirements in paragraph (b) of this section.

(b) The person assigned to inspect moorings shall inspect.

(1) At least twice during each day during periods that are six hours or more apart, each mooring wire, chain, line, and connecting gear between mooring devices and each wire, line, and connecting equipment used to moor each barge; and

(2) After a towboat adds barges to, withdraws barges from, or moves barges at a fleeting facility, each mooring wire, line, and connecting equipment of each barge within each tier affected by that operation.

(c) The person who inspects moorings shall take immediate action to correct each deficiency.

§ 128.801-21 Fleeting facility: Records.

The person in charge of a fleeting facility shall maintain and make available to the Coast Guard records containing the following information:

(a) The time of commencement and termination of each inspection required in § 128.801-19(b).

(b) The name of each person who makes the inspection required in § 128.801-19(b).

(c) The time of, date of, identification of, and presence of any hazardous cargo in each barge entering and departing the fleeting facility.

(d) The identification of each towboat that moves a barge into, within, or out of the fleeting facility.

NOTE: The requirements in § 128.801-21(c) for the listing of hazardous cargo refers to cargoes regulated by Subchapter D and O of Chapter I, Title 46, Code of Federal Regulations.

§ 128.801-23 Fleeting facility: Surveillance.

(a) The person in charge of a fleeting facility shall assign a person to be in continuous surveillance and to observe the barges in the fleeting facility. Joint use of this person by adjacent facilities may be considered upon submission of a detailed proposal for a waiver to the COTP. Alternative surveillance techniques permitting one observer to maintain the required observation over adjacent fleeting facilities may also be considered upon submission of a detailed proposal for a waiver to the COTP.

(b) The person who observes the barges shall:

(1) Inspect for movements that are unusual for properly secured barges; and

(2) Take immediate action to correct each deficiency.

§ 128.801-25 Fleeting facility: Person in charge.

The person in charge of a fleeting facility shall ensure that each deficiency found under the requirements of § 128.801-19 or § 128.801-23 is corrected.

BREAKAWAYS

§ 128.801-29 Securing breakaways.

The person in charge shall take immediate action to:

(a) Secure each breakaway; and

(b) Report each breakaway as soon as possible to the Captain of the Port, New Orleans, by telephone, radio, or other means of rapid communication.

§ 128.801-31 Radio communication during breakaway.

The person in charge of a vessel engaged in recovery of a breakaway shall monitor and communicate with other vessels and the Coast Guard on VHFFM.

HIGH WATER

§ 128.801-33 Applicability.

Sections 128.801-35 and 128.801-37 apply to barges in the Mississippi River between mile 88 and 127 above Head of Passes during high water when:

(a) The Carrollton Gage stands 12 feet or more; or

(b) The Carrollton Gage stands 10 feet, the U.S. Army Corps of Engineers forecasts the Mississippi River is rising to 12 feet, and the District Commander determines these circumstances to be especially hazardous and issues orders directing that §§ 128.80135 and 128.801-37 are in effect.

§ 128.801-35 Fleeting facilities: Towboat attendance of barges.

During high water, the person in charge of a fleeting facility must ensure compliance with the following requirements:

(a) Each fleet consisting of eight or more barges must be attended by at least one radar equipped towboat for each 100 barges or less. Joint use of this towboat by adjacent facilities may be considered upon submission of a detailed proposal for a waiver.

(b) Each fleet must have 2 or more towboats in attendance when:

(1) Barges are withdrawn from or moved within the fleet and the fleet at the start of the operation contains 8 or more barges; or

(2) Barges are added to the fleet and the number of barges being added and the fleet at the start of the operation total 8 or more.

(c) Each towboat required in paragraphs (a) and (b) of this section must be:

(1) Capable of safely withdrawing, moving, or adding each barge in the fleet;

(2) Immediately operational;

(3) Radio equipped; and

(4) Within 500 yards of the barges.

(d) The person in charge of each towboat required in paragraphs (a) and (b) of this section shall maintain: (1) A continuous guard on Channel 13 (156.65 MHz) VHF-FM; and

(2) When moored, a continuous watch on the barges in the fleeting facility.

(e) During periods when visibility is less than 200 yards, the person in charge of each towboat required in paragraph (a) of this section shall maintain, when moored, a continuous radar surveillance of the barges moored in the fleeting facility.

§ 128.801-37 Fleeting operations during low visibility.

During high water when visibility is reduced to less than two hundred yards:

(a) Tows, may not be assembled or disassembled;

(b) No barge may be added to, withdrawn from, or moved within a fleet except:

(1) A single barge may be added to or withdrawn from the channelward or downstream end of the fleet; and

(2) Barges made up in a tow may depart a fleet from the channelward or downstream end of the fleet; and

(c) No person in charge of a tow arriving in this regulated navigation area may moor unless he notifies the COTP of his intentions.

Subpart E-Access, Denial, and Detention

Sec.

135.401 Access to vessel Certificates of Financial Responsibility.

135.403 Sanctions for failure to produce vessel Certificates of Financial Responsibility.

135.405 Appeal provisions.

AUTHORITY: Title III, Pub. L. 95-372, 92 Stat. 670 (43 U.S.C. 1811 et. seq.); EO 12123, 44 FR 11199; 49 CFR 1.46.

SOURCE: CGD 77-055, 44 FR 16868, Mar. 19, 1979, unless otherwise noted.

§ 135.1

Subpart A-General

Purpose.

(a) This part prescribes the policies, procedures, and administrative practices regarding offshore oil pollution liability and compensation, including the administration and general operation of the fund established under Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372, 43 U.S.C. 1811 et. seq.).

§ 135.3 Applicability.

(a) This part applies to each person who

(1) Owns oil obtained from the Outer Continental Shelf when the oil in produced;

(2) Owns, operates, or is the guarantor of the owner or operator of any vessel;

(3) Owns, operates, or is the guarantor of the owner or operator of any offshore facility;

(4) Sustains an economic loss as a consequence of oil pollution arising from Outer Continental Shelf activities; or

(5) Otherwise has responsibilities under Title III of the Act and the regulations in this part.

ing as defined in section 301 of Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372): "barrel"; "claim"; "discharge"; "facility"; "Fund"; "guarantor"; "incident"; "offshore facility"; "oil pollution"; "operator"; "owner"; "person"; "person in charge"; "public vessel"; and "vessel".

(b) As used in this part

(1) "Act" means Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372), entitled "Offshore Oil Spill Pollution Fund".

(2) "Captain of the Port" means a Coast Guard officer designated as Captain of the Port for the areas described in Part 3 of this chapter, or that person's authorized representative or, where there is no Captain of the Port area, the District Command

er.

(3) "Commandant" means the Commandant of the Coast Guard or that person's authorized representative.

(4) "District Commander" means the Coast Guard officer commanding a Coast Guard District described in Part 3 of this chapter, or that person's authorized representative.

(5) "Fund Administrator" means the person to whom the authority and functions of the Commandant as administrator of the Fund are delegated.

(6) "Oil" means petroleum, including crude oil or any fraction or residue therefrom and natural gas condensate, except that the term does not include natural gas.

(7) "Outer Continental Shelf" or "OCS" means "outer Continental Shelf" as defined in section 2(a) of the Outer Continental Shelf Lands Act (43

U.S.C.1331(a)).

§ 135.7 Delegation-Fund Administrator.

(a) The Fund Administrator is delegated authority to perform those functions assigned or delegated to the Secretary of Transportation under the Act not reserved by the Secretary of Transportation or the Commandant.

(b) The Fund Administrator may redelegate and authorize successive redelegations of the authority granted in paragraph (a) of this section within the command under which that

§ 135.103 Levy and payment of barrel fee on OCS oil.

(a) A fee of $.03 per barrel is levied on all oil produced on the OCS and shall be imposed on the owner of the oil when such oil is produced.

(b) The owner of oil obtained from the OCS shall, for the purpose of computing the barrel fee levied in paragraph (a) of this section, measure OCS oil production by employing the methods and criteria of the U.S. Geological Survey contained in 30 CFR 250.60 and OCS Order 13.

NOTE: Payment of the fee levied in paragraph (a) of this section is made in accordance with the fee collection regulations issued by the Secretary of the Treasury. The Federal Government entitlement to royalty oil does not constitute ownership of oil at the time of production.

§ 135.105 Adjustment of levy.

(a) The Commandant modifies or suspends by regulation the barrel fee levied in § 135.103(a) to maintain the statutory Fund level.

(b) The Commandant gives at least 90 days notice before any barrel fee modification or suspension becomes effective.