33 C.F.R. Subpart A—General
Title 33 - Navigation and Navigable Waters
(a) Subparts A and B of this part apply to the marine transfer area for LNG of each new waterfront facility handling LNG and to new construction in the marine transfer area for LNG of each existing waterfront facility handling LNG. (b) Subpart A of this part and §§127.301 through 127.617 apply to the marine transfer area for LNG of each active existing waterfront facility handling LNG. (c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701 of subparts A and B of this part apply to the marine transfer area for LNG of each inactive existing facility. (d) Subparts A and C of this part apply to the marine transfer area for LHG of each active waterfront facility handling LHG. (e) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.1325(c) of subparts A and C of this part apply to the marine transfer area for LHG of each inactive facility. [CGD 88–049, 60 FR 39794, Aug. 3, 1995] (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 (b) The material approved for incorporation by reference in this part, and the sections affected, are: [CGD 88–049, 60 FR 39794, Aug. 3, 1995; 60 FR 49509, Sept. 26, 1995, as amended by CGD 96–026, 61 FR 33665, June 28, 1996; 61 FR 36629, July 12, 1996; USCG–1999–5832, 64 FR 34714, June 29, 1999; USCG–1999–5151, 64 FR 67175, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG–2004–18057, 69 FR 34926, June 23, 2004] As used in this part: Active means accomplishing the transfer of LHG or LNG, or scheduling one to occur, within 12 months of the current date. Captain of the Port (COTP) means the Coast Guard officer designated by the Commandant to command a Captain of the Port Zone as described in Part 3 of this chapter, or an authorized representative. Commandant means the Commandant of the U.S. Coast Guard or an authorized representative. Control room means a space within the LNG waterfront facility from which facility operations are controlled. District Commander means the Coast Guard officer designated by the Commandant to command a Coast Guard District as described in Part 3 of this chapter, or an authorized representative. Environmentally sensitive areas include public parks and recreation areas, wildlife and waterfowl refuges, fishing grounds, wetlands, other areas deemed to be of high value to fish and wildlife resources, historic sites, and other protected areas. Existing as applied to a waterfront facility means a facility handling LNG constructed or being constructed under a contract awarded before June 2, 1988, or a facility handling LHG constructed or being constructed under a contract awarded before January 30, 1996. Facility means either a waterfront facility handling LHG or a waterfront facility handling LNG. Fire endurance rating means the duration for which an assembly or structural unit will contain a fire or retain structural integrity when exposed to the temperatures specified in the standard time-temperature curve in NFPA 251. Flammable product means a product indicated by the letter “F” or by the letters “F+T” in Table 127.005. Inactive means not active. Impounding space means a space formed by dikes and floors that confines a spill of LHG or LNG. LHG means liquefied hazardous gas. LHG vessel means a vessel constructed or converted to carry LHG, in bulk. Liquefied hazardous gas (LHG) means a liquid containing one or more of the products listed in Table 127.005. Liquefied natural gas (LNG) means a liquid or semisolid consisting mostly of methane and small quantities of ethane, propane, nitrogen, or other natural gases. Liquefied petroleum gas (LPG) means a liquid consisting mostly of propane or butane or both. LNG means liquefied natural gas. LNG vessel means a vessel constructed or converted to carry LNG, in bulk. Loading flange means the connection or group of connections in the cargo transfer pipeline on the facility that connects the facility pipeline to the vessel pipeline. Marine transfer area for LHG means that part of a waterfront facility handling LHG between the vessel, or where the vessel moors, and the first shutoff valve on the pipeline immediately inland of the terminal manifold or loading arm, including the entire part of a pier or wharf used to serve LHG vessels. Marine transfer area for LNG means that part of a waterfront facility handling LNG between the vessel, or where the vessel moors, and the last manifold or valve immediately before the receiving tanks. Mating flange means that flange in the product-transfer pipeline on a waterfront facility handling LHG or a waterfront facility handling LNG that connects this pipeline to the pipeline or transfer hose of the vessel. MAWP means maximum allowable working pressure. Maximum allowable working pressure (MAWP) means the maximum gauge pressure permissible at the top of equipment, containers, or pressure vessels while operating at design temperature. New as applied to a waterfront facility means a facility handling LNG constructed or being constructed under a contract awarded on or after June 2, 1988, or a facility handling LHG constructed or being constructed under a contract awarded on or after January 30, 1996. Person in charge of transfer operations on the vessel is the person designated the person in charge of cargo transfer under 46 CFR 154.1831. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except a minor release of LHG or its vapor, that may occur during the routine handling of LHG. No release is minor if it creates an atmosphere that exceeds the Lower Flammable Limit (LFL) for a flammable product or any Permissible Exposure Limit (PEL) listed in 29 CFR 1910.1000, Table Z–1 or Z–2, for a toxic product. Substructure means the deck of a pier or wharf and the structural components below that deck. Toxic product means a product indicated by the letter “T” or by the letters “F+T” in Table 127.005. Waterfront facility handling LHG means any structure on, in, or under the navigable waters of the United States, or any structure on land or any area on shore immediately adjacent to such waters, used or capable of being used to transfer liquefied hazardous gas, in bulk, to or from a vessel. Waterfront facility handling LNG means any structure on, in, or under the navigable waters of the United States, or any structure on land or any area on shore immediately adjacent to such waters, used or capable of being used to transfer liquefied natural gas, in bulk, to or from a vessel. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995; CGD 97–023, 62 FR 33363, June 19, 1997] (a) An owner who intends to build a new facility or the owner or operator who plans new construction on an existing facility, must submit a letter of intent that meets paragraph (d) of this section to the COTP of the zone in which the facility is or will be located, at least 60 days before construction begins. (b) The owner or operator of an active existing facility shall submit a letter of intent that meets paragraph (d) of this section to the COTP of the zone in which the facility is located. (c) An owner or operator of an inactive existing facility shall submit a letter of intent that meets paragraph (d) of this section to the COTP of the zone in which the facility is located, at least 60 days before transferring LHG or LNG. (d) Each letter of intent must contain— (1) The name, address, and telephone number of the owner and operator; (2) The name, address, and telephone number of the facility; (3) The physical location of the facility; (4) A description of the facility; (5) The LHG or LNG vessels' characteristics and the frequency of LHG or LNG shipments to or from the facility; and (6) Charts showing waterway channels and identifying commercial, industrial, environmentally sensitive, and residential areas in and adjacent to the waterway used by the LHG or LNG vessels en route to the facility, within 25 kilometers (15.5 miles) of the facility. (e) The owner or operator who submits a letter of intent under paragraph (a), (b), or (c), shall notify the COTP in writing within 15 days if— (1) There is any change in the information submitted under paragraphs (d)(1) through (d)(5) of this section; or (2) No LHG or LNG transfer operations are scheduled within the next 12 months. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995] After the COTP receives the letter of intent under §127.007 (a) or (c), the COTP issues a letter of recommendation to the owner or operator of the facility and to the state and local government agencies having jurisdiction, as to the suitability of the waterway for LHG or LNG marine traffic, based on the— (a) Information submitted under §§127.007 (d)(3) through (d)(6); (b) Density and character of marine traffic in the waterway; (c) Locks, bridges, or other man-made obstructions in the waterway; and (d) Following factors adjacent to the facility: (1) Depths of the water. (2) Tidal range. (3) Protection from high seas. (4) Natural hazards, including reefs, rocks, and sandbars. (5) Underwater pipelines and cables. (6) Distance of berthed vessel from the channel and the width of the channel. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995] Note: The Coast Guard is authorized by law to establish water or waterfront safety zones, or other measures for limited, controlled, or conditional access and activity, when necessary for the protection of any vessel, structure, waters, or shore area. The operator shall ensure that the COTP or his representative is allowed to make reasonable examinations and inspections to determine whether the facility meets this part. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995] (a) The COTP may issue an order to the operator to suspend LHG or LNG transfer operations if the COTP finds any condition requiring immediate action to— (1) Prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and (2) Protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss. (b) Each order to suspend transfer operations issued under paragraph (a) of this section— (1) Is effective immediately; (2) Contains a statement of each condition requiring immediate action; and (3) Is withdrawn by the COTP whenever each condition is corrected or no longer exists. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995] (a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard officer responsible for that action. (b) Except as provided under paragraph (e) of this section, any person not satisfied with a ruling made under the procedure contained in paragraph (a) of this section may— (1) Appeal that ruling in writing to the District Commander of the district in which the action was taken; and (2) Supply supporting documentation and evidence that the appellant wishes to have considered. (c) The District Commander issues a ruling after reviewing the appeal submitted under paragraph (b) of this section. Except as provided under paragraph (e) of this section, any person not satisfied with this ruling may— (1) Appeal that ruling in writing 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. (d) The Assistant Commandant for Marine Safety, Security and Environmental Protection issues a ruling after reviewing the appeal submitted under paragraph (c) of this section, which is final agency action. (e) If the delay in presenting a written appeal has an adverse impact on the operations of the appellant, the appeal under paragraph (b) or (c) 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 78–038, 53 FR 3376, Feb. 7, 1988, 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] (a) The COTP may allow alternative procedures, methods, or equipment standards to be used by an operator instead of any requirements in this part if— (1) The operator submits a written request for the alternative at least 30 days before facility operations under the alternative would begin, unless the COTP authorizes a shorter time; and (2) The alternative provides at least the same degree of safety provided by the regulations in this part. (b) The COTP approves or disapproves any alternative requested under paragraph (a) of this section— (1) In writing; or (2) Orally, with subsequent written confirmation. (a) The owner or operator of an active existing facility shall submit two copies of the Operations Manual and of the Emergency Manual to the Captain of the Port of the zone in which the facility is located. (b) At least 30 days before transferring LHG or LNG, the owner or operator of a new or an inactive existing facility shall submit two copies of the Operations Manual and of the Emergency Manual to the Captain of the Port of the zone in which the facility is located, unless the manuals have been examined and there have been no changes since that examination. (c) If the COTP finds that the Operations Manual meets §127.305 or §127.1305 and that the Emergency Manual meets §127.307 or §127.1307, the Captain of the Port returns a copy to the owner or operator marked “Examined by the Coast Guard”. (d) If the COTP finds that the Operations Manual or the Emergency Manual does not meet this part, the Captain of the Port returns the manual with an explanation of why it does not meet this part. [CGD 78–038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88–049, 60 FR 39795, Aug. 3, 1995]
Title 33: Navigation and Navigable Waters
PART 127—WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS
Subpart A—General
§ 127.001 Applicability.
§ 127.003 Incorporation by reference.
The American National Standards Institute (ANSI)1430 Broadway, New York, NY 10018: ANSI B16.5, 127.1102 Pipe Flanges and Flanged Fittings 1988, including 1992 Addenda and Errata.. ANSI S12.13, 127.1203 Part I, Performance Requirements , Combustible Gas Detectors, 1986........ American Petroleum Institute (API)1220 L Street NW., Washington, DC 20005: API RP 2003, 127.1101 Protection Against Ignitions Arising Out of Static, Lightning and Stray Currents, 1991........ American Society of Mechanical Engineers (ASME)Three Park Avenue, New York, NY 10016- 5990: ASME B31.3, 127.1101 Chemical Plant and Petroleum Refinery Piping, 1993 American Society for Testing and Materials (ASTM)100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM F 1121- 127.611; 127.1511 87 (1993), Standard Specificatio n for Internationa l Shore Connections for Marine Fire Applications National Fire Protection Association (NFPA)1 Batterymarch Park, Quincy, MA 02269: NFPA 10, 127.603; Portland 127.1503 Fire Extinguisher s, 1994..... NFPA 30, 127.313; Flammable 127.1313 and Combustible Liquids Code, 1993.. NFPA 51B, 127.405; Fire 127.1405 Prevention in Use of Cutting and Welding Processes, 1994........ NFPA 59A, 127.101; Production, 127.201; Storage, and 127.405; Handling of 127.603 Liquefied Natural Gas (LNG), 1994. NFPA 70, 127.107; National 127.201; Electrical 127.1107 Code, 1993.. NFPA 251, 127.005 Fire Tests of Building Construction and Materials, 1990........
§ 127.005 Definitions.
Table 127.005_List of Products and Hazards------------------------------------------------------------------------ Product Hazard------------------------------------------------------------------------Acetaldehyde............................... F+TAmmonia, anhydrous......................... TButadiene.................................. FButanes.................................... FButane and propane (mixtures).............. FButylenes.................................. FChlorine................................... TDimethylamine.............................. F+TEthane..................................... FEthyl chloride............................. F+TEthylene................................... FEthylene oxide............................. F+TMethyl-acetylene and propadiene (mixtures). FMethyl bromide............................. F+TMethyl chloride............................ F+TPropane.................................... FPropylene.................................. FSulphur dioxide............................ TVinyl chloride............................. F+T------------------------------------------------------------------------Note: ``F'' indicates a flammable product. ``T'' indicates a toxic product. ``F+T'' indicates a product both flammable and toxic.
§ 127.007 Letter of intent.
§ 127.009 Letter of recommendation.
§ 127.011 Inspections of waterfront facilities.
§ 127.013 Suspension of transfer operations.
§ 127.015 Appeals.
§ 127.017 Alternatives.
§ 127.019 Operations Manual and Emergency Manual: Procedures for examination.
