1625-0042 StatA

§ 156.200

33 CFR Ch. I (7–1–13 Edition)

(1) For facilities, annually or not less
than 30 days prior to the first transfer
conducted past one year from the date
of the last tests and inspections;
(2) For a facility in caretaker status,
not less than 30 days prior to the first
transfer after the facility is removed
from caretaker status; and
(3) For vessels, annually or as part of
the biennial and mid-period inspections.
(g) If a facility or vessel collects
vapor emitted from a vessel cargo tank
with a vapor control system, the system must not be used unless the following tests and inspections are satisfactorily completed:
(1) Each vapor hose, vapor collection
arm, pressure or vacuum relief valve,
and pressure sensor is tested and inspected in accordance with paragraphs
(b), (c), and (f) of this section;
(2) Each remote operating or indicating device is tested for proper operation in accordance with paragraph (f)
of this section;
(3) Each detonation arrester required
by § 154.820, § 154.826(a), and § 154.828(a)
of this chapter or 46 CFR 39.40–3(d), and
each flame arrester required by
§ 154.826(a), § 154.828 (a) and (c) of this
chapter has been inspected internally
within the last year, or sooner if operational experience has shown that frequent clogging or rapid deterioration is
likely; and
(4) Each hydrocarbon and oxygen analyzer required by § 154.820(a) and
§ 154.824 (d) and (e) of this chapter or 46
CFR 39.40–3(a) is calibrated:
(i) Within the previous two weeks, or
(ii) Within 24 hours prior to operation
when the vapor control system is operated less frequently than once a week.
(h) Upon the request of the owner or
operator, the COTP may approve alternative methods of compliance to the
testing requirements of paragraph (c)
of this section if the COTP determines
that the alternative methods provide
an equal level of protection.

pmangrum on DSK3VPTVN1PROD with CFR

(Approved by the Office of Management and
Budget under control number 1625–0095)
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 88–102, 55 FR 25445, June 21,
1990; CGD 86–034, 55 FR 36256, Sept. 4, 1990;
CGD 93–056, 61 FR 41461, Aug. 8, 1996; USCG–
2006–25150, 71 FR 39210, July 12, 2006]

Subpart B—Special Requirements
for Lightering of Oil and Hazardous Material Cargoes
SOURCE: CGD 78–180, 49 FR 11172, Mar. 26,
1984, unless otherwise noted.

§ 156.200

Applicability.

This subpart applies to each vessel to
be lightered and each service vessel engaged in a lightering operation in the
marine environment beyond the baseline from which the territorial sea is
measured when the oil or hazardous
material lightered is destined for a
port or place subject to the jurisdiction
of the U.S. This subpart does not apply
to lightering operations involving public vessels, or to the dedicated response
vessels and vessels of opportunity in
accordance with the National Contingency Plan (40 CFR parts 9 and 300)
when conducting response activities.
These rules are in addition to the rules
of subpart A of this part, as well as the
rules in the applicable sections of parts
151, 153, 155, 156, and 157 of this chapter.
[CGD 93–081, 60 FR 45017, Aug. 29, 1995]

§ 156.205

Definitions.

(a) In addition to the terms defined
in this section, the definitions in
§ 154.105 of this chapter apply to this
subpart and to subpart C.
(b) As used in this subpart and subpart C:
Lightering or Lightering operation
means the transfer of a cargo of oil or
a hazardous material in bulk from one
vessel to another, including all phases
of the operation from the beginning of
the mooring operation to the departure
of the service vessel from the vessel to
be lightered, except when that cargo is
intended only for use as fuel or lubricant aboard the receiving vessel.
Marine environment means—
(1) The navigable waters of the
United States;
(2) The waters of an area over which
the United States asserts exclusive
fishery management authority; and
(3) The waters superadjacent to the
Outer Continental Shelf of the United
States.
Service vessel means the vessel which
receives a cargo of oil or a hazardous

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Coast Guard, DHS

§ 156.210

material from another vessel in a
lightering operation.
Vessel to be lightered means the vessel
which transports a cargo of oil or a
hazardous material to a place within
the marine environment for transfer of
that cargo to another vessel for further
transport to a port or place subject to
the jurisdiction of the United States.
The term ‘‘vessel to be lightered’’ does
not include drilling rigs, or offshore
supply vessels transferring cargo intended for use as fuel or lubricant
aboard the receiving vessel.
Work includes any administrative duties associated with the vessel whether
performed on board the vessel or onshore.
[CGD 78–180, 49 FR 11172, Mar. 26, 1984, as
amended by CGD 86–034, 55 FR 36256, Sept. 4,
1990; CGD 90–052, 58 FR 48436, Sept. 15, 1993;
CGD 93–081, 60 FR 45017, Aug. 29, 1995]

pmangrum on DSK3VPTVN1PROD with CFR

§ 156.210 General.
(a) No vessel may transfer oil or hazardous materials in a port or place subject to the jurisdiction of the United
States, if the cargo has been lightered
from another vessel, unless:
(1) The regulations in this subpart
have been complied with;
(2) Both the vessel to be lightered
and service vessel have, on board, at
the time of transfer, a valid Certificate
of Inspection, Certificate of Compliance, or a Tank Vessel Examination
Letter, as would have been required
under 46 U.S.C. 3710 or 3711, had the
transfer taken place in a port or place
subject to the jurisdiction of the
United States;
(3) The delivering and receiving vessels have on board at the time of transfer, evidence that each vessel is operating in compliance with section 311(j)
of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)) and applicable
regulations issued under the authority
of section 311(j) in the form of a Declaration of Inspection as required by
§ 156.150 and a vessel response plan if required under part 155 of this chapter;
and
NOTE: Under 46 U.S.C. 3715, the delivering
and receiving vessels must have on board at
the time of transfer, a Certificate of Financial Responsibility that would be required if
the transfer had taken place in a location
subject to the jurisdiction of the U.S. Regu-

lations concerning Certificates of Financial
Responsibility for vessels using the navigable waters of the U.S. are in part 130 of
this chapter.

(4) The vessel to be lightered has on
board, at the time of transfer, an International Oil Pollution Prevention
(IOPP) Certificate or equivalent documentation of compliance with Annex I
of the International Convention for the
Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978
relating thereto (MARPOL 73/78), as
would be required by part 151 of this
chapter for vessels in navigable waters
of the United States. The IOPP Certificate or documentation of compliance
shall be that prescribed by §§ 151.19 and
151.21 of this chapter, and shall be effective under the same timetable as
specified in § 151.19.
(b) Lightering operations involving
hazardous materials, other than oil,
may be conducted only with the specific approval of the Commandant. A
request to lighter hazardous materials,
other than oil, must be submitted to
Commandant (CG–5) prior to the
planned beginning of lightering operations. The request must include the
information described in § 156.215(a) to
the extent known, for the initial transfer, and the estimated frequency of
subsequent lightering operations. After
the entry into force of Annex II to
MARPOL 73/78, vessels lightering hazardous materials shall carry an International Pollution Prevention Certificate for the Carriage of Noxious Liquid
Substances in Bulk (1973), if required
by Annex II to MARPOL 73/78, or equivalent documentation of compliance
with the annex.
(c) In an emergency, the COTP, upon
request, may authorize a deviation
from any rule in this part if the COTP
determines that its application will endanger persons, property, or the environment.
(d) On vessels conducting lightering
operations in a designated lightering
zone, an officer or seaman may not
work, except in an emergency or a
drill, more than 15 hours in any 24-hour
period, or more than 36 hours in any 72hour period, including the 24-hour and

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§ 156.215
72-hour periods prior to commencing
lightering operations.

72 hours prior to commencement of
lightering operations.

[CGD 78–180, 49 FR 11172, Mar. 29, 1984, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 90–052, 58 FR 48436, Sept. 15, 1993;
CGD 93–081, 60 FR 45017, Aug. 29, 1995; USCG–
2002–12471, 67 FR 41333, June 18, 2002; USCG–
2006–24371, 74 FR 11212, Mar. 16, 2009; USCG–
2010–0351, 75 FR 36285, June 25, 2010]

[CGD 78–180, 49 FR 11172, Mar. 26, 1984, as
amended by CGD 90–052, 58 FR 48437, Sept. 15,
1993; CGD 93–081, 60 FR 45017, Aug. 29, 1995]

§ 156.215

pmangrum on DSK3VPTVN1PROD with CFR

33 CFR Ch. I (7–1–13 Edition)

Pre-arrival notices.

(a) The master, owner or agent of
each vessel to be lightered must give at
least 24 hours advance notice to the
Captain of the Port nearest the
lightering location or zone, prior to arrival in the lightering location or zone.
This advance notice must include:
(1) The vessel’s name, call sign or official number, and registry:
(2) The cargo type (if oil) or shipping
name (if hazardous material) and approximate amount on board;
(3) The number of transfers expected
and the amount of cargo expected to be
transferred during each transfer;
(4) The lightering location or zone to
be used;
(5) The estimated time of arrival in
the lightering location or zone;
(6) The estimated duration of transfer operations; and
(7) The name and destination of service vessel(s).
(b) In the event the estimated time of
arrival in the lightering location or
zone changes by more than six hours,
the Master, owner or agent of each vessel to be lightered must advise the Captain of the Port of this change as soon
as possible.
(c) Where lightering is conducted as a
result of collision, grounding, tank
rupture or any similar emergency, immediate notice must be given to the
Captain of the Port.
(d) In addition to the other requirements in this section, the master,
owner, or agent of a vessel that requires a Tank Vessel Examination
(TVE) or other special Coast Guard inspection in order to lighter in a designated lightering zone must request
the TVE or other inspection from the
cognizant Captain of the Port at least

§ 156.220 Reporting of incidents.
(a) An immediate report must be
made to the nearest Captain of the
Port, by the service vessel, if fire, explosion, collision, grounding or any
similar emergency, which poses a
threat to the vessels involved, occurs
during lightering.
(b) Any discharge of oil or hazardous
material into the water shall be reported, by the service vessel, in accordance with the procedures specified in
§ 151.15 of this chapter.
§ 156.225 Designation
of
lightering
zones.
The District Commander is delegated
the authority to designate lightering
zones and their operating requirements, where they are necessary for
safety or environmental protection.
When a lightering zone has been designated, lightering operations in a
given geographic area may only be conducted within the designated lightering
zone.
§ 156.230 Factors considered in designating lightering zones.
The following factors are considered
in designating a lightering zone:
(a) The findings of the environmental
analysis or, if prepared, the Environmental Impact Statement;
(b) The proximity of the zone to:
(1) Shipping lanes;
(2) Vessel traffic schemes or vessel
separation systems;
(3) Anchorages;
(4) Fixed structures;
(5) Designated marine sanctuaries;
(6) Commercial and recreational fishing areas;
(7) Environmentally sensitive areas;
and
(8) Designated units of the National
Park System, National Wild and Scenic
Rivers System, National Wilderness
Preservation System, properties included on the National Register of Historic Places and National Registry of
Natural Landmarks, and National
Wildlife Refuge System.

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Coast Guard, DHS

§ 156.310

(c) The traditional use of areas for
lightering operations;
(d) The normal weather and sea conditions in the areas, and their effect on
lightering operations, and the fate of
possible cargo discharges;
(e) The depth of water and underwater obstructions that may adversely
impact anchorages and clearance of
vessels;
(f) Other relevant safety, environmental, or economic data.

Subpart C—Lightering Zones and
Operational Requirements for
the Gulf of Mexico
SOURCE: CGD 93–081, 60 FR 45017, Aug. 29,
1995, unless otherwise noted.

§ 156.300 Designated lightering zones.
The following lightering zones are
designated in the Gulf of Mexico and
are more than 60 miles from the baseline from which the territorial sea is
measured:
(a) Southtex—lightering zone. This
lightering zone and the geographic area
for this zone are coterminous and consist of the waters bounded by a line
connecting the following points beginning at:
Latitude N.
27°40′00″,
27°40′00″,
28°06′30″,
27°21′00″,
26°30′00″,
26°30′00″,

Longitude W.
93°00′00″, thence to
94°35′00″, thence to
94°35′00″, thence to
96°00′00″, thence to
96°00′00″, thence to
93°00′00″, and thence
to the point of beginning.

(NAD 83)
(b) Gulfmex No. 2—lightering zone.
This lightering zone and the geographic area for this zone are coterminous and consist of the waters bounded
by a line connecting the following
points beginning at:

pmangrum on DSK3VPTVN1PROD with CFR

Latitude N.
27°53′00″,
27°53′00″,
26°30′00″,
26°30′00″,

Longitude W.
89°00′00″, thence to
91°30′00″, thence to
91°30′00″, thence to
89°00′00″, and thence
to the point of beginning.

(NAD 83)
(c) Offshore Pascagoula No. 2—
lightering zone. This lightering zone and
the geographic area for this zone are

coterminous and consist of the waters
bounded by a line connecting the following points beginning at:
Latitude N.
29°20′00″,
29°12′00″,
28°39′00″,
28°00′00″,
28°00′00″,

Longitude W.
87°00′00″, thence to
87°45′00″, thence to
88°00′00″, thence to
88°00′00″, thence to
87°00′00″, and thence
to the point of beginning.

(NAD 83)
(d) South Sabine Point—lightering zone.
This lightering zone and the geographic area for this zone are coterminous and consist of the waters bounded
by a line connecting the following
points beginning at:
Latitude N.
28°30′00″,
28°44′00″,
28°33′00″,
28°18′00″,
28°18′00″,

Longitude W.
92°38′00″, thence to
93°24′00″, thence to
94°00′00″, thence to
94°00′00″, thence to
92°38′00″, and thence
to the point of beginning.

(NAD 83)
§ 156.310

Prohibited areas.

Lightering operations are prohibited
within the following areas in the Gulf
of Mexico:
(a) Claypile—prohibited area. This prohibited area consists of the waters
bounded by a line connecting the following points beginning at:
Latitude N.
28°15′00″,
27°40′00″,
27°40′00″,
28°33′00″,

Longitude W.
94°35′00″, thence to
94°35′00″, thence to
94°00′00″, thence to
94°00′00″, and thence
to the point of beginning.

(NAD 83)
(b) Flower Garden—prohibited area.
This prohibited area consists of the
waters bounded by a line connecting
the following points beginning at:
Latitude N.
27°40′00″,
28°18′00″,
28°18′00″,
28°30′00″,
28°15′00″,
27°40′00″,

Longitude W.
94°00′00″, thence to
94°00′00″, thence to
92°38′00″, thence to
92°38′00″, thence to
91°30′00″, thence to
91°30′00″, and thence
to the point of beginning.

(NAD 83)

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§ 156.320

33 CFR Ch. I (7–1–13 Edition)

(c) Ewing—prohibited area. This prohibited area consists of the waters
bounded by a line connecting the following points beginning at:
Latitude N.
27°53′00″,
28°15′00″,
28°15′00″,
27°53′00″,

Longitude W.
91°30′00″, thence to
91°30′00″, thence to
90°10′00″, thence to
90°10′00″, and thence
to the point of beginning.

(NAD 83)
§ 156.320 Maximum
tions.

operating

condi-

Unless otherwise specified, the maximum operating conditions in this section apply to tank vessels operating
within the lightering zones designated
in this subpart.
(a) A tank vessel shall not attempt to
moor alongside another vessel when either of the following conditions exist:
(1) The wind velocity is 56 km/hr (30
knots) or more; or
(2) The wave height is 3 meters (10
feet) or more.
(b) Cargo transfer operations shall
cease and transfer hoses shall be
drained when—
(1) The wind velocity exceeds 82 km/
hr (44 knots); or
(2) Wave heights exceed 5 meters (16
feet).

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§ 156.330

Operations.

(a) Unless otherwise specified in this
subpart, or when otherwise authorized
by the cognizant Captain of the Port
(COTP) or District Commander, the
master of a vessel lightering in a zone
designated in this subpart shall ensure
that all officers and appropriate members of the crew are familiar with the
guidelines in paragraphs (b) and (c) of
this section and that the requirements
of paragraphs (d) through (l) of this
section are complied with.
(b) Lightering operations should be
conducted in accordance with the Oil
Companies
International
Marine
Forum Ship to Ship Transfer Guide
(Petroleum), Second Edition, 1988, to
the maximum extent practicable.
(c) Helicopter operations should be
conducted in accordance with the
International Chamber of Shipping
Guide to Helicopter/Ship Operations,

Third Edition, 1989, to the maximum
extent practicable.
(d) The vessel to be lightered shall
make a voice warning prior to the commencement of lightering activities via
channel 13 VHF and 2182 Khz. The voice
warning shall include:
(1) The names of the vessels involved;
(2) The vessels’ geographical positions and general headings;
(3) A description of the operations;
(4) The expected time of commencement and duration of the operation;
and
(5) Request for wide berth.
(e) In the event of a communications
failure between the lightering vessels
or the respective persons-in-charge of
the transfer, or an equipment failure
affecting the vessel’s cargo handling
capability or ship’s maneuverability,
the affected vessel shall suspend
lightering activities and shall sound at
least five short, rapid blasts on the vessel’s whistle. Lightering activities
shall remain suspended until corrective
action has been completed.
(f) No vessel involved in a lightering
operation may open its cargo system
until the servicing vessel is securely
moored alongside the vessel to be
lightered.
(g) If any vessel not involved in the
lightering operation or support activities approaches within 100 meters of
vessels engaged in lightering, the vessel engaged in lightering shall warn the
approaching vessel by sounding a loud
hailer, ship’s whistle, or any other appropriate means.
(h) Only a lightering tender, a supply
boat, or a crew boat, equipped with a
spark arrestor on its exhaust, or a tank
vessel providing bunkers, may moor
alongside
a
vessel
engaged
in
lightering operations.
(i) Lightering operations shall not be
conducted within 1 nautical mile of offshore structures or mobile offshore
drilling units.
(j) No vessel engaged in lightering activities may anchor over charted pipelines, artificial reefs, or historical resources.
(k) All vessels engaged in lightering
activities shall be able to immediately
maneuver at all times while inside a
designated lightering zone. The main

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Coast Guard, DHS

Pt. 157

propulsion system must not be disabled
at any time.
(l) In preparing to moor alongside the
vessel to be lightered, a service vessel
shall not approach the vessel to be
lightered closer than 1000 meters unless
the service vessel is positioned broad
on the quarter of the vessel to be
lightered. The service vessel must transition to a nearly parallel heading
prior to closing to within 50 meters of
the vessel to be lightered.

PART 157—RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK
Subpart A—General
Sec.
157.01 Applicability.
157.02 Incorporation by reference: Where
can I get a copy of the publications mentioned in this part?
157.03 Definitions.
157.04 Authorization of classification societies.
157.05 Performing calculations for this part.
157.06 Appeals.
157.07 Equivalents.

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Subpart B—Design, Equipment, and
Installation
157.08 Applicability of subpart B.
157.09 Segregated ballast.
157.10 Segregated ballast tanks and crude
oil washing systems for certain new vessels.
157.10a Segregated ballast tanks, crude oil
washing systems, and dedicated clean
ballast tanks for certain new and existing vessels of 40,000 DWT or more.
157.10b Segregated ballast tanks, dedicated
clean ballast tanks, and special ballast
arrangements for tank vessels transporting Outer Continental Shelf oil.
157.10c Segregated ballast tanks, crude oil
washing systems, and dedicated clean
ballast tanks for certain new and existing tankships of 20,000 to 40,000 DWT.
157.10d Double hulls on tank vessels.
157.11 Pumping, piping and discharge arrangements.
157.12 Oil discharge monitoring and control
system.
157.12a Definitions.
157.12b Implementation requirements.
157.12c Construction, maintenance, security, calibration, and training.
157.12d Technical specifications.
157.12e Certificate of approval.

157.12f Workshop functional test requirements.
157.12g Plan approval requirements.
157.13 Designated observation area.
157.15 Slop tanks in tank vessels.
157.17 Oil residue (sludge) tank.
157.19 Cargo tank arrangement and size.
157.21 Subdivision and stability.
157.22 Intact stability requirements.
157.23 Cargo and ballast system information.
157.24 Submission of calculations, plans,
and specifications.
157.24a Submission of calculations, plans,
and specifications for existing vessels installing segregated ballast tanks.

Subpart C—Vessel Operation
157.25 Applicability of subpart C.
157.26 Operation of a tank vessel in violation of regulations.
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.
157.28 Discharges from tank barges exempted from certain design requirements.
157.29 Discharges: Seagoing tank vessels of
150 gross tons or more.
157.31 Discharges: Chemical additives.
157.33 Water ballast in fuel oil tanks.
157.35 Ballast added to cargo tanks.
157.37 Discharge of oily mixtures from oil
cargoes.
157.39 Machinery space bilges.
157.41 Emergencies.
157.43 Discharges of clean and segregated
ballast: Seagoing tank vessels of 150
gross tons or more.
157.45 Valves in cargo or ballast piping system.
157.47 Information for master.
157.49 Instruction manual.

Subpart D—Crude Oil Washing (COW)
System on Tank Vessels
GENERAL
157.100 Plans for U.S. tank vessels: Submission.
157.102 Plans for foreign tank vessels: Submission.
157.104 Scale models.
157.106 Letter of acceptance.
157.108 Crude Oil Washing Operations and
Equipment Manual for U.S. tank vessels:
Submission.
157.110 Crude Oil Washing Operations and
Equipment Manual for foreign tank vessels: Submission.
157.112 Approved Crude Oil Washing Operations and Equipment Manual.
157.114 Crude Oil Washing Operations and
Equipment Manual: Not approved.

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