Stat/Authority

Coast Guard, DOT
§ 154.560

§ 154.710

Communications.

(a) Each facility must have a means
that enables continuous two-way voice
communication between the person in
charge of the vessel transfer operation
and the person in charge of the facility
transfer operation.
(b) Each facility must have a means,
which may be the communications system itself, that enables a person on
board a vessel or on the facility to effectively indicate the 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
at the facility.
(d) A facility may use the system in
§ 154.550(a)(2) to meet the requirement
of paragraph (a) of this section.
(e) Portable radio devices used to
comply with paragraph (a) of this section during the transfer of flammable
or combustible liquids must be marked
as intrinsically safe by the manufacturer of the device and certified as intrinsically safe by a national testing
laboratory or other certification organization approved by the Commandant
as defined in 46 CFR 111.105–11. As an
alternative to the marking requirement, facility operators may maintain
documentation at the facility certifying that the portable radio devices in
use at the facility are in compliance
with this section.
[CGD 75–124, 45 FR 7172, Jan. 31, 1980; 45 FR
43705, June 30, 1980, as amended by CGD 93–
056, 61 FR 41460, Aug. 8, 1996]

§ 154.570

Lighting.

(a) Except as provided in paragraph
(c) of this section, for operations between sunset and sunrise, a facility
must have fixed lighting that adequately illuminates:
(1) Each transfer connection point on
the facility;
(2) Each transfer connection point in
use on any barge moored at the facility
to or from which oil or hazardous material is being transferred;
(3) Each transfer operations work
area on the facility; and

(4) Each transfer operation work area
on any barge moored at the facility to
or from which oil or hazardous material is being transferred.
(b) Where the illumination is apparently inadequate, the COTP may require verification by instrument of the
levels of illumination. On a horizontal
plane 3 feet above the barge deck or
walking surface, illumination must
measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c) For small or remote facilities, the
COTP may authorize operations with
an adequate level of illumination provided by the vessel or by portable
means.
(d) Lighting must be located or
shielded so as not to mislead or otherwise interfere with navigation on the
adjacent waterways.
[CGD 75–124, 45 FR 7172, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36253, Sept. 4,
1990]

Subpart D—Facility Operations
§ 154.700

General.

No person may operate a facility unless the equipment, personnel, and operating procedures of that facility
meet the requirements of this part.
[CGD 75–124, 45 FR 7173, Jan. 31, 1980]

§ 154.710 Persons in charge: Designation and qualification.
No person may serve, and the facility
operator may not use the services of a
person, as person in charge of facility
transfer operations unless:
(a) The facility operator has designated that person as a person in
charge;
(b) The person has had at least 48
hours of experience in transfer operations at a facility in operations to
which this part applies. The person
also has enough experience at the facility for which qualification is desired to
enable the facility operator to determine that the person’s experience is
adequate;

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§ 154.730

33 CFR Ch. I (7–1–01 Edition)

(c) The person has completed a training and qualification program established by the facility operator and described in the Operations Manual in accordance with § 154.310(a)(21), that provides the person with the knowledge
and training necessary to properly operate the transfer equipment at the facility, perform the duties described in
paragraph (d) of this section, follow the
procedures required by this part, and
fulfill the duties required of a person in
charge during an emergency, except
that the COTP may approve alternative experience and training requirements for new facilities; and
(d) The facility operator must certify
that each person in charge has the
knowledge of, and skills necessary to—
(1) The hazards of each product to be
transferred;
(2) The rules in this part and in Part
156 of this chapter;
(3) The facility operating procedures
as described in the operations manual;
(4) Vessel transfer systems, in general;
(5) Vessel transfer control systems,
in general;
(6) Each facility transfer control system to be used;
(7) Follow local discharge reporting
procedures; and
(8) Carry out the facility’s response
plan for discharge reporting and containment.
(e) Training conducted to comply
with the hazard communication programs required by the Occupational
Safety and Health Administration
(OSHA) of the Department of Labor
(DOL) (29 CFR 1910.1200) or the Environmental Protection Agency (EPA)
(40 CFR 311.1), or to meet the requirements of subpart F of this part may be
used to satisfy the requirements in
paragraphs (c) and (d) of this section,
as long as the training addresses the
requirements in paragraphs (c) and (d)
of this section.
(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 816, 868); 33 U.S.C.
1161(j)(1)(C); EO 11548, 3 CFR, 1966–1970 Comp.,
p. 949; 49 CFR 1.46(m))
[CGD 71–160R, 37 FR 28253, Dec. 21, 1972, as
amended by CGD 86–034, 55 FR 36253, Sept. 4,
1990; CGD 93–056, 61 FR 41460, Aug. 8, 1996]

§ 154.730 Persons in charge: Evidence
of designation.
Each person in charge shall carry
evidence of his designation as a person
in charge when he is engaged in transfer operations unless such evidence is
immediately available at the facility.
(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat. 816, 868); 33 U.S.C.
1161(j)(1)(C); EO 11548, 3 CFR, 1966–1970 Comp.,
p. 949; 49 CFR 1.46(m))
[CGD 71–160R, 37 FR 28253, Dec. 21, 1972]

§ 154.735

Safety requirements.

Each operator of a facility to which
this part applies shall ensure that the
following safety requirements are met
at the facility:
(a) Access to the facility by firefighting personnel, fire trucks, or other
emergency personnel is not impeded.
(b) Materials which are classified as
hazardous under 49 CFR parts 170
through 179 are kept only in the quantities needed for the operation or maintenance of the facility and are stored
in storage compartments.
(c) Gasoline or other fuel is not
stored on a pier, wharf, or other similar structure.
(d) A sufficient number of fire extinguishers approved by an independent
laboratory listed in 46 CFR 162.028–5 for
fighting small, localized fires are in
place throughout the facility and
maintained in a ready condition.
(e) The location of each hydrant,
standpipe, hose station, fire extinguisher, and fire alarm box is conspicuously marked and readily accessible.
(f) Each piece of protective equipment is ready to operate.
(g) Signs indicating that smoking is
prohibited are posted in areas where
smoking is not permitted.
(h) Trucks and other motor vehicles
are operated or parked only in designated locations.
(i) All rubbish is kept in receptacles.
(j) All equipment with internal combustion engines used on the facility—
(1) Does not constitute a fire hazard;
and
(2) Has a fire extinguisher attached
that is approved by an independent laboratory listed in 46 CFR 162.028–5, unless such a fire extinguisher is readily
accessible nearby on the facility.

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