33 C.F.R. Subpart A—General
Title 33 - Navigation and Navigable Waters
(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 §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 §154.735 to the facility if its storage tanks and piping are gas free. (c) Upon a determination by the COTP under §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] 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 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 §154.710 (for facilities) or §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. 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 §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] (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:
American Petroleum Institute (API) 2101 L Street NW., Washington, DC 20037 American National Standards Institute (ANSI) 11 West 42nd Street, New York, NY 10036 American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959. International Electrotechnical Commission (IEC) Bureau Central de la Commission Electrotechnique Internationale, 1 rue de Varembe, Geneva, Switzerland National Electrical Manufacturers Association (NEMA) 2101 L Street NW., Washington, DC 20036 National Fire Protection Association (NFPA) 1 Batterymarch Park, Quincy, MA 02269–9101 Oil Companies International Marine Forum (OCIMF) 96 Victoria Street, 15th Floor, London SW1E 5JW, England [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] (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] (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] (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] (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 §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]
Title 33: Navigation and Navigable Waters
PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
Subpart A—General
§ 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.
