1625-0042 Stat/Authority

Coast Guard, DOT

§ 156.118

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(d) Is withdrawn when the COTP,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until that order is withdrawn by the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
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.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.115 Person
tions.

in

charge:

Limita-

(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.

435

VerDate 112000

02:04 Jul 14, 2001

Jkt 194124

PO 00000

Frm 00435

Fmt 8010

Sfmt 8010

Y:\SGML\194124T.XXX

pfrm06

PsN: 194124T

§ 156.120

33 CFR Ch. I (7–1–01 Edition)

(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
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

436

VerDate 112000

02:04 Jul 14, 2001

Jkt 194124

PO 00000

Frm 00436

Fmt 8010

Sfmt 8010

Y:\SGML\194124T.XXX

pfrm06

PsN: 194124T