1625-0030 Stat/Authority

Coast Guard, DHS

§ 156.110

PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS

§ 156.105

Subpart A—Oil and Hazardous Material
Transfer Operations

[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

Sec.
156.100 Applicability.
156.105 Definitions.
156.107 Alternatives.
156.110 Exemptions.
156.111 Incorporation by reference.
156.112 Suspension order.
156.113 Compliance with suspension order.
156.115 Person in charge: Limitations.
156.118 Advance notice of transfer.
156.120 Requirements for transfer.
156.125 Discharge cleanup.
156.130 Connection.
156.150 Declaration of inspection.
156.160 Supervision by person in charge.
156.170 Equipment tests and inspections.

§ 156.107

Subpart B—Special Requirements for
Lightering of Oil and Hazardous Material Cargoes
156.200 Applicability.
156.205 Definitions.
156.210 General.
156.215 Pre-arrival notices.
156.220 Reporting of incidents.
156.225 Designation of lightering zones.
156.230 Factors considered in designating
lightering zones.

Subpart C—Lightering Zones and Operational Requirements for the Gulf of
Mexico
156.300
156.310
156.320
156.330

Designated lightering zones.
Prohibited areas.
Maximum operating conditions.
Operations.

AUTHORITY: 33 U.S.C. 1231, 1321(j); 46 U.S.C.
3703a, 3715; E.O. 11735, 3 CFR 1971–1975 Comp.,
p. 793. Section 156.120(bb) is also issued under
46 U.S.C. 3703.

Subpart A—Oil and Hazardous
Material Transfer Operations

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Definitions.

Except as specifically stated in a section, the definitions in § 154.105 of this
chapter apply to this subpart.

§ 156.100 Applicability.
This subpart applies to the transfer
of oil or hazardous material on the
navigable waters or contiguous zone of
the United States to, from, or within
each vessel with a capacity of 250 barrels or more; except that, this subpart
does not apply to transfer operations
within a public vessel.
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

Alternatives.

(a) The COTP may consider and approve alternative procedures, methods,
or equipment standards to be used by a
vessel or facility operator in lieu of
any requirements in this part if:
(1) Compliance with the requirement
is economically or physically impractical;
(2) The vessel or facility operator
submits a written request for the alternative at least 30 days before operations under the alternative are proposed, unless the COTP authorizes a
shorter time; and
(3) The alternative provides an equivalent level of safety and protection
from pollution by oil or hazardous material, which is documented in the request.
(b) The COTP takes final approval or
disapproval action on any alternative
requested, in writing, within 30 days of
receipt of the request.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.110

Exemptions.

(a) The Assistant Commandant for
Marine Safety, Security and Environmental Protection, acting for the Commandant, may grant an exemption or
partial exemption from compliance
with any requirement in this part, and
the District Commander may grant an
exemption or partial exemption from
compliance with any operating condition or requirement in subpart C of
this part, if:
(1) The vessel or facility operator
submits an application for exemption
via the COTP at least 30 days before
operations under the exemption are
proposed, unless the COTP authorizes a
shorter time; and
(2) It is determined, from the application, that:
(i) Compliance with a specific requirement is economically or physically impractical;

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§ 156.111

33 CFR Ch. I (7–1–10 Edition)

(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 as a
result of the exemption is minimal.
(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 7177, Jan. 31, 1980, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 86–034, 55 FR 36255, Sept. 4, 1990;
CGD 93–081, 60 FR 45017, Aug. 29, 1995; CGD
96–026, 61 FR 33666, June 28, 1996; CGD 93–056,
61 FR 41461, Aug. 8, 1996; CGD0 97–023, 62 FR
33364, June 19, 1997; USCG–2002–12471, 67 FR
41333, June 18, 2002]

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§ 156.111

Incorporation by reference.

(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 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 the change in
the FEDERAL REGISTER; and the material must be available to the public. All
approved material is available for inspection at the U.S. Coast Guard, Office of Compliance (CG–543), 2100 2nd
St. SW., Stop 7581, Washington, DC
20593–7581 and at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html. All approved material is available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this part and
the sections affected are as follows:
Oil Companies International Marine
Forum (OCIMF)
15th Floor, 96 Victoria Street, London SW1E 5JW, England.
Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988—156.330.
International Chamber of Shipping
12 Carthusian Street, London EC1M
6EB, England.
Guide to Helicopter/Ship Operations,
Third Edition, 1989—156.330.
[CGD 93–081, 60 FR 45017, Aug. 29, 1995, as
amended by CGD 96–026, 61 FR 33666, June 28,
1996; 69 FR 18803, Apr. 9, 2004; USCG–2008–0179,
73 FR 35015, June 19, 2008; USCG–2010–0351, 75
FR 36285, June 25, 2010]

§ 156.112

Suspension order.

The COTP or OCMI may issue a suspension order to suspend transfer operations to the vessel or facility operator
when the COTP or OCMI finds there is
a condition requiring action to prevent
the discharge or threat of discharge of
oil or hazardous material, or when the
COTP or OCMI is unable to verify compliance with the regulations through
an inspection. A suspension order:
(a) May be effective immediately;
(b) Is issued in writing unless it is effective immediately and then it may be
issued orally and followed up in writing;
(c) Includes a statement of each condition requiring correction to—
(1) Prevent the discharge of oil or
hazardous material; or
(2) Comply with § 154.735 of this chapter; and
(d) Is withdrawn when the COTP,
OCMI, or District Commander, as applicable, determines that the condition
requiring action to prevent the discharge or threat of discharge of oil or
hazardous material has been corrected
or no longer exists.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

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Coast Guard, DHS

§ 156.120

§ 156.113 Compliance with suspension
order.
(a) No vessel or facility operator to
whom a suspension order has been
issued may conduct transfer operations
from the time the order is effective
until that order is withdrawn by the
applicable COTP, OCMI, or by the District Commander.
(b) The vessel or facility operator
may request reconsideration of the suspension order either orally or in writing to the COTP or OCMI who issued it.
The request may contain supporting
documentation and evidence that the
vessel or facility operator wishes to
have considered.
(c) Any person not satisfied with a
ruling made under the procedure contained in paragraph (b) of this section
may appeal that ruling in writing, except as allowed under paragraph (e) of
this section, to the Coast Guard District Commander of the district in
which the suspension order was issued.
The appeal may contain supporting
documentation and evidence that the
appellant wishes to have considered.
The appeal does not stay the effect of
the suspension order while the COTP or
OCMI ruling is being reviewed. The
District Commander issues a ruling
after reviewing the appeal.
(d) The ruling by the District Commander is final agency action.
(e) If the delay in presenting a written appeal under paragraph (c) of this
section would have a significant adverse impact on the appellant, the appeal may initially be presented orally.
If an initial presentation of the appeal
is made orally, the appellant must submit the appeal in writing within five
days of the oral presentation to the
District Commander to whom the oral
appeal was made, containing, at a minimum the basis for the appeal and a
summary of the material presented
orally.

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[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.115 Person in charge: Limitations.
(a) No person may serve as the person
in charge of transfer operations on
more than one vessel at a time during
transfers between vessels or between

two or more vessels and a facility unless authorized by the COTP.
(b) No person may serve as the person
in charge of both a vessel and a facility
during transfer operations unless authorized by the COTP.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.118 Advance notice of transfer.
(a) The COTP may require a facility
operator to notify the COTP of the
time and place of each transfer operation at least 4 hours before it begins
for facilities that:
(1) Are mobile;
(2) Are in a remote location;
(3) Have a prior history of oil or hazardous material spills; or
(4) Conduct infrequent transfer operations.
(b) In the case of a vessel to vessel
transfer, the COTP may require a vessel operator of a lightering or fueling
vessel to notify the COTP of the time
and place of each transfer operation, as
specified by the COTP, at least 4 hours
before it begins.
(c) No person may conduct such
transfer operations until advance notice has been given as specified by the
COTP.
NOTE: The notification may be accomplished by submitting a written schedule, periodically updated to be current.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.120 Requirements for transfer.
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 part. No
person shall conduct an oil or hazardous material transfer operation unless:
(a) The vessel’s moorings are strong
enough to hold during all expected conditions of surge, current, and weather
and are long enough to allow adjustment for changes in draft, drift, and
tide during the transfer operation;
(b) Transfer hoses and loading arms
are long enough to allow the vessel to

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erowe on DSK5CLS3C1PROD with CFR

§ 156.120

33 CFR Ch. I (7–1–10 Edition)

move to the limits of its moorings
without placing strain on the hose,
loading arm, or transfer piping system;
(c) Each hose is supported to prevent
kinking or other damage to the hose
and strain on its coupling.
(d) Each part of the transfer system
is aligned to allow the flow of oil or
hazardous material;
(e) Each part of the transfer system
not necessary for the transfer operation is securely blanked or shut off;
(f) The end of each hose and loading
arm that is not connected for the
transfer of oil or hazardous material is
blanked off using the closure devices
required by §§ 154.520 and 155.805 of this
chapter;
(g) The transfer system is attached
to a fixed connection on the vessel and
the facility except that when a vessel
is receiving fuel, an automatic back
pressure shutoff nozzle may be used;
(h) Each overboard discharge or sea
suction valve that is connected to the
vessel’s transfer or cargo tank system
is sealed or lashed in the closed position; except when used to receive or
discharge ballast in compliance with 33
CFR part 157;
(i) Each transfer hose has no
unrepaired loose covers, kinks, bulges,
soft spots, or any other defect which
would permit the discharge of oil or
hazardous material through the hose
material and no gouges, cuts, or
slashes that penetrate the first layer of
hose reinforcement (‘‘reinforcement’’
means the strength members of the
hose, consisting of fabric, cord and/or
metal);
(j) Each hose or loading arm in use
meets §§ 154.500 and 154.510 of this chapter, respectively;
(k) Each connection meets § 156.130;
(l) Any monitoring devices required
by § 154.525 of this chapter are installed
and operating properly;
(m) The discharge containment
equipment required by § 154.545 of this
chapter is readily accessible or deployed as applicable;
(n) The discharge containment required by §§ 154.530, 155.310, and 155.320
of this chapter, as applicable, is in
place and periodically drained to provide the required capacity;

(o) Each drain and scupper is closed
by the mechanical means required by
§ 155.310;
(p) All connections in the transfer
system are leak free except that a component in the transfer system, such as
the packing glands of a pump, may
leak at a rate that does not exceed the
capacity of the discharge containment
provided during the transfer operation;
(q) The communications required by
§§ 154.560 and 155.785 of this chapter are
operable for the transfer operation;
(r) The emergency means of shutdown required by §§ 154.550 and 155.780
of this chapter, as applicable, is in position and operable;
(s) There is a person in charge on the
transferring vessel or facility and the
receiving vessel or facility except as
otherwise authorized under § 156.115;
(t) Each person in charge required by
paragraph (s) of this section:
(1) Is at the site of the transfer operation and immediately available to the
transfer personnel;
(2) Has in his or her possession a copy
of the facility operations manual or
vessel transfer procedures, as appropriate; and
(3) Conducts the transfer operation in
accordance with the facility operations
manual or vessel transfer procedures,
as appropriate;
(u) The personnel required, under the
facility operations manual and the vessel transfer procedures, to conduct the
transfer operation:
(1) Are on duty; and
(2) Conduct the transfer operation in
accordance with the facility operations
manual or vessel transfer procedures,
as appropriate;
(v) At least one person is at the site
of the transfer operation who fluently
speaks the language or languages spoken by both persons in charge;
(w) The person in charge of the transfer on the transferring vessel or facility and the person in charge of it on
the receiving vessel or facility have
held a conference, to ensure that each
person in charge understands—
(1) The identity of the product to be
transferred;
(2) The sequence of transfer operations;
(3) The transfer rate;

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 156.120

(4) The name or title and location of
each person participating in the transfer operation;
(5) Details of the transferring and receiving systems including procedures
to ensure that the transfer pressure
does not exceed the maximum allowable working pressure (MAWP) for each
hose assembly, loading arm and/or
transfer pipe system;
(6) Critical stages of the transfer operation;
(7) Federal, state, and local rules
that apply to the transfer of oil or hazardous material;
(8) Emergency procedures;
(9) Discharge containment procedures;
(10) Discharge reporting procedures;
(11) Watch or shift arrangement;
(12) Transfer shutdown procedures;
and,
(13) If the persons use radios, a predetermined frequency for communications during the transfer, agreed upon
by both.
(x) The person in charge of transfer
operations on the transferring vessel or
facility and the person in charge of
transfer operations on the receiving
vessel or facility agree to begin the
transfer operation;
(y) Between sunset and sunrise the
lighting required by §§ 154.570 and
155.790 of this chapter is provided; and
(z) For transfer operations between
tank barges from sunset to sunrise,
lighting is provided as described in
§ 155.790 of this chapter.
(aa) A transfer operation which includes collection of vapor emitted from
a vessel’s cargo tanks through a venting system not located on the vessel
must have the following verified by the
person in charge:
(1) Each manual valve in the vapor
collection system is correctly positioned to allow the collection of cargo
vapor;
(2) A vapor collection hose or arm is
connected to the vessel’s vapor connection;
(3) The electrical insulating device
required by § 154.810(g) of this chapter
or 46 CFR 39.40–3(c) is fitted between
the facility vapor connection and the
vessel vapor connection;

(4) The initial loading rate and the
maximum transfer rate are determined;
(5) The maximum and minimum operating pressures at the facility vapor
connection are determined;
(6) The tank barge overfill control
system, if installed, is connected to the
facility, tested, and operating properly;
(7) The following have been performed not more than 24 hours prior to
the start of the transfer operation:
(i) Each alarm and automatic shutdown system required by subpart E of
part 154 of this chapter and 46 CFR part
39 has been tested and found to be operating properly, and
(ii) Analyzers required by § 154.820(a),
§ 154.824 (d) and (e) of this chapter or 46
CFR 39.40–3(a) have been checked for
calibration by use of a span gas;
(8) Each vapor recovery hose has no
unrepaired loose covers, kinks, bulges,
soft spots, or any other defect which
would permit the discharge of vapor
through the hose material, and no external gouges, cuts, or slashes that
penetrate the first layer of hose reinforcement; and
(9) The oxygen content of the vessel’s
cargo tanks, if inerted, is at or below 8
percent by volume.
(bb) If the transfer operation involves
loading oil, as defined in § 151.05 of this
chapter, into a cargo tank, the overfill
device required by § 155.480 of this chapter is installed and operating properly.
(cc) Smoking is not permitted in the
facilities marine transfer area except
in designated smoking areas.
(dd) Welding, hot work operations
and smoking are prohibited on vessels
during the transfer of flammable or
combustible materials, except that
smoking may be permitted in accommodation areas designated by the master.
(Approved by the Office of Management and
Budget under control number 1625–0039)
[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 36255, Sept. 4, 1990;
CGD 90–071a, 59 FR 53291, Oct. 21, 1994; CGD
93–056, 61 FR 41461, Aug. 8, 1996; CGD 79–116,
62 FR 25127, May 8, 1997; USCG–2001–9046, 67
FR 58524, Sept. 17, 2002; USCG–2006–25150, 71
FR 39210, July 12, 2006; 73 FR 79316, Dec. 29,
2008]

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§ 156.125
§ 156.125

33 CFR Ch. I (7–1–10 Edition)
Discharge cleanup.

(a) Each person conducting the transfer operation shall stop the transfer operation whenever oil or hazardous material from any source is discharged:
(1) In the transfer operation work
area; or
(2) Into the water or upon the adjoining shoreline in the transfer area.
(b) Except as permitted under paragraph (c) of this section, no person may
resume the transfer operation after it
has been stopped under paragraph (a) of
this section, unless:
(1) Oil or hazardous material discharged in the transfer operation work
area is cleaned up; and
(2) Oil or hazardous material discharged into the water or upon the adjoining shoreline is cleaned up, or is
contained and being cleaned up.
(c) The COTP may authorize resuming the transfer operation if it is
deemed appropriate.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

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§ 156.130

Connection.

(a) Each person who makes a connection for transfer operations shall:
(1) Use suitable material in joints
and couplings to ensure a leak-free
seal;
(2) Use a bolt in at least every other
hole, and in no case less than four
bolts, in each temporary bolted connection that uses a flange that meets
American National Standards Institute
(ANSI) standard flange requirements
under § 154.500(d)(2) of this chapter;
(3) Use a bolt in each hole in each
temporary bolted connection that uses
a flange other than one that meets
ANSI standards;
(4) Use a bolt in each hole of each
permanently connected flange;
(5) Use bolts of the correct size in
each bolted connection; and
(6) Tighten each bolt and nut uniformly to distribute the load and sufficiently to ensure a leak free seal.
(b) A person who makes a connection
for transfer operations must not use
any bolt that shows signs of strain or is
elongated or deteriorated.
(c) Except as provided in paragraph
(d) of this section, no person may use a

connection for transfer operations unless it is:
(1) A bolted or full threaded connection; or
(2) A quick-connect coupling acceptable to the Commandant.
(d) No person may transfer oil or hazardous material to a vessel that has a
fill pipe for which containment cannot
practically be provided unless an automatic back pressure shutoff nozzle is
used.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36256, Sept. 4,
1990]

§ 156.150 Declaration of inspection.
(a) No person may transfer oil or hazardous material to or from a vessel unless each person in charge, designated
under §§ 154.710 and 155.700 of this chapter, has filled out and signed the declaration of inspection form described in
paragraph (c) of this section.
(b) No person in charge may sign the
declaration of inspection unless he or
she has determined by inspection, and
indicated by initialling in the appropriate space on the declaration of inspection form, that the facility or vessel, as appropriate, meets § 156.120.
(c) The declaration of inspection may
be in any form but must contain at
least:
(1) The name or other identification
of the transferring vessel or facility
and the receiving vessel or facility;
(2) The address of the facility or location of the transfer operation if not at
a facility;
(3) The date and time the transfer operation is started;
(4) A list of the requirements in
§ 156.120 with spaces on the form following each requirement for the person
in charge of the vessel or facility to indicate by initialling that the requirement is met for the transfer operation;
and
(5) A space for the date, time of signing, signature, and title of each person
in charge during transfer operations on
the transferring vessel or facility and a
space for the date, time of signing, signature, and title of each person in
charge during transfer operations on
the receiving facility or vessel certifying that all tests and inspections
have been completed and that they are

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Coast Guard, DHS

§ 156.170

both ready to begin transferring product; and
(6) The date and time the transfer operation is completed.
(d) The form for the declaration of inspection may incorporate the declaration-of-inspection requirements under
46 CFR 35.35–30.
(e) The vessel and facility persons in
charge shall each have a signed copy of
the declaration of inspection available
for inspection by the COTP during the
transfer operation.
(f) The operators of each vessel and
facility engaged in the transfer operation shall retain a signed copy of the
declaration of inspection on board the
vessel or at the facility for at least 1
month from the date of signature.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36256, Sept. 4,
1990; CGD 93–056, 61 FR 41461, Aug. 8, 1996]

§ 156.160 Supervision by person in
charge.
(a) No person may connect or disconnect a hose, top off a tank, or engage in any other critical procedures
during the transfer operation unless
the person in charge, required by
§ 156.120(s), supervises that procedure.
(b) No person may start the flow of
oil or hazardous material to or from a
vessel unless instructed to do so by either person in charge.
(c) No person may transfer oil or hazardous material to or from a vessel unless each person in charge is in the immediate vicinity and immediately
available to the transfer personnel.

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[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36256, Sept. 4,
1990]

§ 156.170 Equipment tests and inspections.
(a) Except as provided in paragraph
(d) of this section, no person may use
any equipment listed in paragraph (c)
of this section for transfer operations
unless the vessel or facility operator,
as appropriate, tests and inspects the
equipment in accordance with paragraphs (b), (c) and (f) of this section
and the equipment is in the condition
specified in paragraph (c) of this section.
(b) During any test or inspection required by this section, the entire exter-

nal surface of the hose must be accessible.
(c) For the purpose of paragraph (a)
of this section:
(1) Each nonmetallic transfer hose
must:
(i) Have no unrepaired loose covers,
kinks, bulges, soft spots or any other
defect which would permit the discharge of oil or hazardous material
through the hose material, and no
gouges, cuts or slashes that penetrate
the first layer of hose reinforcement as
defined in § 156.120(i).
(ii) Have no external deterioration
and, to the extent internal inspection
is possible with both ends of the hose
open, no internal deterioration;
(iii) Not burst, bulge, leak, or abnormally distort under static liquid pressure at least 11⁄2 times the maximum
allowable working pressure; and
(iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of this section may be acceptable after a static
liquid pressure test is successfully
completed in the presence of the COTP.
The test medium is not required to be
water.
(2) Each transfer system relief valve
must open at or below the pressure at
which it is set to open;
(3) Each pressure gauge must show
pressure within 10 percent of the actual
pressure;
(4) Each loading arm and each transfer pipe system, including each metallic hose, must not leak under static liquid pressure at least 11⁄2 times the maximum allowable working pressure; and
(5) Each item of remote operating or
indicating equipment, such as a remotely operated valve, tank level
alarm, or emergency shutdown device,
must perform its intended function.
(d) No person may use any hose in
underwater service for transfer operations unless the operator of the vessel
or facility has tested and inspected it
in accordance with paragraph (c)(1) or
(c)(4) of this section, as applicable.
(e) The test fluid used for the testing
required by this section is limited to
liquids that are compatible with the
hose tube as recommended by the hose
manufacturer.
(f) The frequency of the tests and inspections required by this section must
be:

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§ 156.200

33 CFR Ch. I (7–1–10 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.

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(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]

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§ 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

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33 CFR Ch. I (7–1–10 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:

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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 (7–1–10 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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