pending a decision by the Comman dant. 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 of oil 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. § 155.770 Draining of oil. No person may intentionally drain oil or oily waste from any source into the bilge of any vessel. § 155.780 Emergency shutdown. (a) A tank vessel with a capacity of 250 or more barrels of cargo oil that is carrying oil must have on board an emergency means to enable a person in charge of an oil transfer operation to stop the flow of oil to a facility, other vessel, or within the vessel. (b) The means required in paragraph (a) of this section 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 if oil could siphon through the stopped pump. (c) The means required in paragraph (a) of this section must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the oil transfer operation. $155.785 Communications. (a) During vessel to vessel oil transfers, each tank vessel with a capacity of 250 or more barrels of cargo oil that is carrying oil must have a means that enables continuous two-way voice communication between the persons in charge of the transfer operations on both vessels. (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] $155.790 Deck lighting. (a) A self-propelled vessel with a capacity of 250 or more barrels of oil that is transferring oil between sunset and sunrise must have deck lighting that adequately illuminates each (1) Transfer connection point on the vessel; (2) Transfer connection point in use on any barge moored to the vessel to or from which oil is being transferred; (3) Oil transfer operations work area on the vessel; and (4) Oil transfer operations work area on any barge moored to the vessel to or from which oil 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 oil 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. § 155.800 Oil transfer hose. Hose used to transfer oil must meet the requirements of § 154.500 of this chapter. § 155.805 Closure devices. (a) Each end of each oil transfer hose on board which is not connected for the transfer of oil 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. § 155.810 Tank vessel security. The vessel operator of each tank vessel that contains more oil than the normal clingage and unpumpable bilge or sump residues in any cargo tank shall maintain surveillance of that vessel by using a person who is responsible for the security of the vessel and for keeping unauthorized persons off the vessel. § 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 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). $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 oil transfer operations. 80-110 0-81-49 Sec. 156.170 Equipment tests and inspections. AUTHORITY: 33 U.S.C. 1321(j)(1)(C) and (D); EO 11735, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46(m). SOURCE: CGD 75-124, 45 FR 7177, Jan. 31, 1980, unless otherwise noted. § 156.100 Applicability. This part applies to the transfer of oil on the navigable waters or contiguous zone of the U.S. to, from, or within any vessel and to or from a public vessel with a capacity of 250 or more barrels of that oil, except that this part does not apply to the transfer operation within or on a public vessel. § 156.105 Definitions. The definitions in Part 154 of this chapter apply to this part. § 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, 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. § 156.110 Exemptions. (a) The Chief, Office of Marine Environment and Systems, acting for the Commandant, grants an exemption or partial exemption from compliance with any requirement in 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; and (iii) The likelihood of oil being discharged 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 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 Chief, Office of Marine Environment and Systems is a final agency action. § 156.112 Suspension order. The COTP or OCMI may issue a suspension order to suspend oil 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 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 action to prevent the discharge of oil; 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 has been corrected or no longer exists. § 156.113 Compliance order. with suspension (a) No vessel or facility operator to whom a suspension order has been issued may conduct oil 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 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. § 156.115 Person in charge: Limitations. (a) No person may serve as the person in charge of oil transfer operations on more than one vessel at a time during oil 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 oil transfer operations unless authorized by the COTP. (4) Conduct infrequent oil 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 oil transfer operation, as specified by the COTP, at least 4 hours before it begins. (c) No person may conduct such oil until transfer operations 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. § 156.120 Requirements for oil transfer. No person may conduct an oil 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) Oil 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 oil 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 oil transfer system is aligned to allow the flow of oil; (e) Each part of the oil 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 transfer of oil is blanked off using the closure devices required by §§ 154.120 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 oil 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 oil transfer hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil 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 §§ 154.500 and 154.510 of this chapter, respectively; (k) Each connection meets § 156.130; (1) Any monitoring devices required by $154.525 of this chapter are installed and operating properly; (m) The discharge containment equipment required by § 154.545 of this chapter is readily accessible or deployed as applicable; (n) The discharge containment required by §§ 154.530, 155.310, and 155.320 of this chapter, as applicable, is in place and periodically drained to provide the required capacity; (0) Each drain and scupper is closed by the mechanical means required by § 155.310; (p) All connections in the oil transfer system are leak free except that a component in an oil 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 §§ 154.560 and 155.785 of this chapter are operable for the transfer operation; the receiving vessel or facility except as otherwise authorized under § 156.115; (t) Each person in charge required by paragraph (s) of this section (1) Is at the site of the oil transfer operation and immediately available to the oil transfer personnel; (2) Has in his or her possession a copy of the facility operations manual or vessel oil transfer procedures, as appropriate; and (3) Conducts the transfer operation in accordance with the facility operations manual or vessel oil transfer procedures, as appropriate; (u) The personnel required, under the facility operations manual and the vessel oil transfer procedures, to conduct the oil transfer operation (1) Are on duty; and (2) Conduct the transfer operation in accordance with the facility operations manual or vessel oil transfer procedures, as appropriate; (v) At least one person is at the site of the oil transfer operation who fluently speaks the language or languages spoken by both persons in charge; (w) The person in charge of oil transfer operations on the transferring vessel or facility and the person in charge of oil transfer operations on the receiving vessel or facility have held a conference, to ensure that each person in charge understands the following details of the transfer operation (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; (6) Critical stages of the transfer operation; (7) Federal, state, and local rules that apply to the transfer of oil; (8) Emergency procedures; (9) Discharge containment procedures; (10) Discharge reporting procedures; |