1625-0016 Stat/Authority

§ 126.11

33 CFR Ch. I (7–1–12 Edition)

NFPA 13, Standard for the Installation of Sprinkler Systems, 1996
Edition ........................................
NFPA 14, Standard for the Installation of Standpipe and Hose Systems, 1996 Edition ........................
NFPA 30, Flammable and Combustible Liquids Code, 1996 ...............
NFPA 51B, Standard for Fire Prevention in Use of Cutting and
Welding Processes, 1994 Edition ..
NFPA 70, National Electrical Code,
1996 ..............................................
NFPA 307, Standard for the Construction and Fire Protection of
Marine Terminals, Piers, and
Wharves, 1995 Edition ..................

(c) The COTP examines the request
and provides an answer, in writing,
within 30 days of receipt of the request.

126.15

[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003]
126.15

§ 126.13 Designation of waterfront facilities.
(a) Waterfront facilities which fulfill
the conditions required in § 126.15, unless waived under provisions of § 126.11,
and only such waterfront facilities are
designated for the handling, storing,
stowing, loading, discharging, or transporting of dangerous cargo, subject to
compliance with other applicable requirements and provisions set forth in
this part.
(b) Handling, storing, stowing, loading, discharging, or transporting dangerous cargo at any waterfront facility
other than one designated by this section is hereby prohibited, and violation
of this prohibition will subject the violator to the civil or criminal penalties
provided in section 13 of the Ports and
Waterways Safety Act (33 U.S.C. 1232).

126.15

126.30
126.15

126.15

[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003,
as amended at 69 FR 18803, Apr. 9, 2004;
USCG–2010–0351, 75 FR 36283, June 25, 2010]

§ 126.11 Waiver authority based
local or unusual conditions.

on

Whenever the Commandant, the District Commander, or the Captain of the
Port finds that the application of any
provisions contained in §§ 126.15 and
126.16 is not necessary to the safety or
security of the port and vessels and waterfront facilities therein, or that its
application is not practical because of
local conditions or because the materials or personnel required for compliance are not available, or because the
requirements of the national defense
justify a departure from such provision, the Commandant, the District
Commander, or the Captain of the Port
may waive compliance with such provision, to the extent and under such requirements as they determine.

[CGFR 57–52, 22 FR 10302, Dec. 20, 1957, as
amended by CGD 78–023, 44 FR 4643, Jan. 22,
1979]

§ 126.15 What conditions must a designated waterfront facility meet?
(a) All designated waterfront facilities must meet the following:
(1) Fire extinguishing equipment. Fire
extinguishing equipment, such as automatic sprinklers, hydrants, hose connections, and firefighting water supplies must be available and maintained
in adequate quantities and locations.
Fire extinguishing equipment must
meet State and local laws. In the absence of applicable State and local
laws, fire extinguishing equipment
must meet NFPA 10, 13, 14, and 307. (Incorporated by reference, see § 126.5.)
(2) Fire appliances. The location of all
fire appliances, such as hydrants,
standpipes, hose stations, fire extinguishers, and fire alarm boxes must be
conspicuously marked and readily accessible according to NFPA 10, 13, 14,
and 307.
(3) Warning signs. Warning signs must
be constructed and installed according
to NFPA 307, chapter 7–8.7.
(4) Lighting. If the facility transfers
dangerous cargo between sunset and
sunrise, it must have outdoor lighting

[CGD 78–023, 44 FR 4643, Jan. 22, 1979]

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§ 126.12 How do I request the use of an
alternative method of complying
with a requirement in this part?
(a) An owner or operator of a waterfront facility may request that the
COTP allow the use of an alternative
method of complying with a requirement in this part.
(b) The request must establish, to the
COTP’s satisfaction—
(1) That compliance with the requirement is economically or physically impractical; and
(2) That the alternative requested
provides an equivalent or greater level
of safety.

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wreier-aviles on DSK5TPTVN1PROD with CFR

Coast Guard, DHS

§ 126.15
(11) Rubbish and waste material. All
rubbish, debris, and waste materials
must be placed in adequate receptacles.
(12) Adequacy of equipment, materials,
and standards. The COTP may determine that any equipment, material, or
standard is not reasonably adequate
under the circumstances. If so, the
COTP informs the owner or operator in
writing and provides an opportunity
for the owner or operator to have the
deficiency corrected.
(b) All designated waterfront facilities that handle dangerous cargo, not
in transport units, must also meet the
following:
(1) Arrangement of cargo, freight, merchandise, or material. Cargo, freight,
merchandise, and other items or material on the facility must be arranged to
provide access for firefighting and
clearance for fire prevention according
to NFPA 307, chapter 8–5.
(2) Portable fire extinguishers. Each facility must have and maintain, in adequate quantities and locations, portable fire extinguishers that meet the
requirements of NFPA 10. These extinguishers must be inspected and maintained in accordance with NFPA 10.
(3) Electrical systems. All new electrical equipment and wiring installed
on the facility must be of the same
type and installed as specified under
NFPA 70. All defective or dangerous
electrical equipment and wiring must
be promptly repaired, replaced, or permanently disconnected.
(4) Heating equipment and other sources
of ignition. Open fires and open-flame
lamps are prohibited on the facility.
Heating equipment must meet NFPA
307, chapter 9–4.
(5) Maintenance stores and supplies.
Hazardous material(s) used in the operation or maintenance of the facility
may be stored only in amounts necessary for normal operating conditions.
These materials must be stored in compartments that are remote from combustible material; constructed to provide safe storage; and kept clean and
free of scrap materials, empty containers, soiled wiping rags, waste, and
other debris. Flammable liquids must
be stored according to NFPA 30, chapter 4. (Incorporated by reference, see
§ 126.5.)

that adequately illuminates the transfer work area. The lighting must be installed and maintained according to
NFPA 70 (Incorporated by reference,
see § 126.5.) and must be located or
shielded so that it cannot be mistaken
for an aid to navigation and does not
interfere with navigation on waterways.
(5) International shore connection. If
the facility conducts cargo operations
involving foreign-flag vessels, the facility must have an international shore
connection meeting ASTM F–1121. (Incorporated by reference, see § 126.5.)
(6) Access to the facility. Whenever
dangerous cargo is transferred or
stored on the facility, access to the facility must be limited to—
(i) Personnel working on the facility
or vessel;
(ii) Delivery and service personnel
authorized to conduct their business;
(iii) Coast Guard and other Federal,
State, and local officials;
(iv) Local emergency personnel, such
as police officers and firemen; and
(v) Other persons authorized by the
owner or operator of the facility.
(7) Security measures. Guards must be
stationed, or equivalent controls acceptable to the COTP must be used, to
deter and detect unlawful entrance; to
detect and report fire hazards, fires,
and releases of dangerous cargoes and
hazardous materials; to check the readiness of protective equipment; and to
report other emergency situations at
the facility.
(8) Coast Guard personnel. At any
time, Coast Guard personnel must be
allowed to enter the facility to conduct
inspections or board vessels moored at
the facility.
(9)
Material
handling
equipment,
trucks, and other motor vehicles. When
dangerous cargo is being transferred or
stored on the facility, material handling equipment, trucks, and other
motor vehicles operated by internal
combustion engines must meet the requirements of NFPA 307, chapter 9.
(10) Smoking. Smoking is allowed on
the facility where permitted under
State or local law. Signs must be posted marking authorized smoking areas.
‘‘No Smoking’’ signs must be conspicuously posted elsewhere on the facility.

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§ 126.16

33 CFR Ch. I (7–1–12 Edition)

(c) All designated waterfront facilities that handle dangerous cargo in
transport units must also meet the following:
(1) Terminal yards. Terminal yards
must conform to the standards in
NFPA 307, chapter 5.
(2) Containers. Containers packed
with
dangerous
cargo
that
are
vertically stacked must be stacked no
more than four high.

§ 126.19 Issuance of permits for handling designated dangerous cargo.
Upon the application of the owners or
operators of a designated waterfront
facility or of their authorized representatives, the Captain of the Port is
authorized to issue a permit for each
transaction of handling, loading, discharging, or transporting designated
dangerous cargo at such waterfront facility provided the following requirements are met:
(a) The facility shall comply in all
respect with the regulations in this
subchapter.
(b) The quantity of designated dangerous cargo, except Class 1 (explosive)
materials shipped by or for the Armed
Forces of the United States, on the waterfront facility and vessels moored
thereto shall not exceed the limits as
to maximum quantity, isolation and
remoteness established by local, municipal, territorial, or State authorities. Each permit issued under these
conditions shall specify that the limits
so established shall not be exceeded.
(c) The quantity of designated dangerous cargo consisting of Class 1 (explosive) materials shipped by or for the
Armed Forces of the United States on
the waterfront facility and vessels
moored thereto shall not exceed the
limits as to maximum quantity, isolation and remoteness as established by
the Captain of the Port. Each permit
issued under these conditions shall
specify that the limits so established
shall not be exceeded.

[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003]

§ 126.16 Conditions for designating a
‘‘facility of particular hazard.’’
(a) Basic requirements. The facility
shall comply with all the conditions in
§ 126.15
except
where
specifically
waived by § 126.11.
(b) Warning alarms. Warning alarms
shall be installed at the waterside of
such a facility to warn approaching or
transiting water traffic of immediate
danger in the event of fire or cargo release. Warning alarms shall be of the
siren type, or the emergency rotating
flashing light type, and be of sufficient
intensity to be heard, or seen, a distance of 1 mile during normal facility
working conditions. The alarm signal
shall not conflict with local municipal
prescription.
[CGFR 67–93, 32 FR 20774, Dec. 23, 1967]

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 126.17 Permits required for handling
designated dangerous cargo.
Designated dangerous cargo may be
handled, loaded, discharged, or transported at any designated waterfront facility only if a permit therefor has
been issued by the Captain of the Port.
This permit requirement may be
waived, at the discretion of the Captain
of the Port, when such cargoes are contained within railroad cars or highway
vehicles which are moved on or across
a waterfront facility used primarily for
the transfer of railroad cars or highway
vehicles to or from a railroad or highway vehicle ferry or carfloat; provided
such designated cargoes are not removed from, or placed in, the railroad
car or highway vehicle while it is in or
on such waterfront facility.

[CGFR 53–27, 18 FR 5348, Sept. 3, 1953, as
amended by CGD 92–050, 59 FR 39965, Aug. 5,
1994]

§ 126.21 Permitted transactions.
All permits issued pursuant to § 126.19
are hereby conditioned upon the observance and fulfillment of the following:
(a) The conditions set forth in § 126.15
shall at all times be strictly observed.
(b) No amount of designated dangerous cargo, except Class 1 (explosive)
materials shipped by or for the Armed
Forces of the United States, in excess
of the maximum quantity established
by local, municipal, territorial, or
State authorities shall be present on
the waterfront facility and vessels
moored thereto.

[CGFR 58–43, 23 FR 8542, Nov. 1, 1958]

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