1625-0095 Stat/Authority

Coast Guard, DHS

§ 156.110

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.

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) and (ee) are also
issued under 46 U.S.C. 3703.

Subpart A—Oil and Hazardous
Material Transfer Operations
§ 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]

§ 156.105 Definitions.
Except as specifically stated in a section, the definitions in § 154.105 of this
chapter apply to this subpart.
[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

§ 156.107 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;
(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,

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§ 156.111

33 CFR Ch. I (7–1–05 Edition)

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]

§ 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 (G-MOC), 2100 Second Street, SW, Washington, DC 20593–
0001 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]

§ 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]

§ 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

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