33 C.F.R. Subpart C—Vessel Operation


Title 33 - Navigation and Navigable Waters


Title 33: Navigation and Navigable Waters
PART 157—RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK

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Subpart C—Vessel Operation

§ 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]

§ 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]

§ 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.

§ 157.28   Discharges from tank barges exempted from certain design requirements.

The person in charge of a tank barge exempted under §157.08(g) from the requirements in §§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

(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]

§ 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 §157.37, §157.39, or §157.43, the vessel must:

(a) Retain the mixture; or

(b) Transfer the mixture to a reception facility.

§ 157.31   Discharges: Chemical additives.

No person may use a chemical additive to circumvent the discharge requirements in §§157.27, 157.29, 157.37, 157.39, and 157.43.

§ 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]

§ 157.35   Ballast added to cargo tanks.

The master of a tank vessel with segregated ballast tanks or dedicated clean ballast tanks under §157.09, §157.10, §157.10a(a)(1), §157.10a(b), §157.10a(c), §157.10b(a), §157.10c(b)(1), or §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 §157.37; and

(d) On a new vessel under §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]

§ 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 §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 §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 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 control number 1625–0041)

[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; USCG–2006–25150, 71 FR 39210, July 12, 2006]

§ 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 §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]

§ 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.

§ 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 §157.11(b)(2), except that:

(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]

§ 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.

§ 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]

§ 157.49   Instruction manual.

The master of a tank vessel shall ensure that the instruction manual under §157.23 is available and used when the cargo or ballast systems are operated.

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