SUBCHAPTER O ――― POLLUTION

151　Vessels carrying Oil, noxious liquid substances, garbage, municipal or commercial waste, and ballast water.

153　Control of pollution by oil and hazardous substances, discharge removal

154　Facilities transferring oil or hazardous material in bulk

155　Oil or hazardous material pollution prevention regulations for vessels

156　Oil and Hazardous material transfer operations

157　Rules for the protection of the marine environment relating to tank vessels carrying oil in bulk

158　Reception facilities for oil, noxicous liquid substances, and garbage

159　Marine sanitation devices

　Index to subchapter O

　

SUBCHAPTER P ―― PORTS AND WATERWAYS SAFETY

160　Ports and waterways safety--general

161　Vessel traffic management

162　Inland waterways navigaation regulations

163　Towing of barges

164　Navigation safety regulations

165　Regulated navigation areas and limited access areas

166　Shipping safety fairways

167　Offshore traffic separation schemes

168　Escort requirements for certain tankers

169　Ship reporting systems

　Index to subchapter P

　

SUBCHAPTER O―POLLUTION

　

PART 151―VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

　

Subpart A―lmplementation of MARPOL　73/78 and the Protocol on Environmental Protection to the Antarctic Treaty as it Pertains to Pollution from Ships

　

Sec.

151.01　Purpose.

151.03　Applicability.

151.04　Penalties for violation.

151.05　Definitions.

151.06　Special areas.

151.07　Delegations.

151.08　Denial of entry.

151.09　Applicability.

151.10　Control of discharge of oil.

151.11　Exceptions for emergencies.

151.13　Special areas for Annex I of MARPOL 73/78.

151.15　Reporting requirements.

151.17　Surveys.

151.19　International Oil Pollution Prevention (IOPP) Certificates.

151.21　Ships of countries not party to MARPOL 73/78.

151.23　Inspection for compliance and enforcement.

151.25　Oil Record Book.

151.26　Shipboard oil pollution emergency plans.

151.27　Plan submission and approval.

151.28　Plan review and revision.

151.29　Foreign ships.

151.30　Applicability.

151.31　Where to find requirements applying to oceangoing ships carrying Category A, B, C, and D NLS.

151.32　Special areas for the purpose of Annex II.

151.33　Certificates needed to carry Category C Oil-like NLS.

151.35　Certificates needed to carry Category D NLS and Category D Oil-like NLS.

151.37　Obtaining an Attachment for NLSs to the IOPP Certificate and obtaining an NLS Certificate.

151.39　Operating requirements: Category D NLS.

151.41　Operating requirements for oceangoing ships with IOPP Certificates: Category C and D Oil-like NLSs.

151.43　Control of discharge of NLS residues.

151.45　Reporting spills of NLS: Category A, B, C, and D.

151.47　Category D NLSs other than oil-like Category D NLSs that may be carried under this part.

151.49　Category C and D Oil-like NLSs allowed for carriage.

151.51　Applicability.

151.53　Special areas for Annex V of MARPOL 73/78.

151.55　Recordkeeping requirements.

151.57　Waste management plans.

151.59　Placards.

151.61　Inspection for compliance and enforcement.

151.63　Shipboard control of garbage.

151.65　Reporting requirements.

151.66　Operating requirements: Discharge of garbage in the navigable waters prohibited.

151.67　Operating requirements: Discharge of plastic prohibited.

151.69　Operating requirements: Discharge of garbage outside special areas.

151.71　Operating requirements: Discharge of garbage within special areas.

151.73　Operating requirements: Discharge of garbage from fixed or floating platforms.

151.75　Grinders or comminuters.

151.77　Exceptions for emergencies.

151.79　Operating requirements: Discharge of sewage within Antarctica.

APPENDIX A TO §§151.51 THROUGH 151.77―SUMMARY OF GARBAGE DISCHARGE RESTRICTIONS

　

Subpart B―Transportation of Municipal and Commercial Waste

151.1000　Purpose.

151.1003　Applicability.

151.1006　Definitions.

151.1009　Transportation of municipal or commercial waste.

151.1012　Applying for a conditional permit.

151.1015　Issuing or denying the issuance of a conditional permit.

151.1018　Withdrawal of a conditional permit.

151.1021　 Appeals.

151.1024　Display of number.

　

Subpart C―Ballast Water Management for Control of Nonindigenous Species in the Great Lakes and Hudson River

151.1500　Purpose.

151.1502　Applicability.

151.1504　Definitions.

151.1506　Restriction of operation.

151.1508　Revocation of clearance.

151.1510　Ballast water management.

151.1512　Vessel safety.

151.1514　Ballast water management alternatives under extraordinary conditions.

151.1516　Compliance monitoring.

　

Subpart D―Ballast Water Management for Control of Nonindigenous Species in waters of the United States

151.2000　What is the purpose of this subpart?

151.2005　To which vessels does this subpart apply?

151.2010　Which vessels are exempt from the mandatory requirements?

151.2015　Is a vessel in innocent passage exempt from the mandatory requirements?

151.2020　To what ballast water does this subpart apply?

151.2025　What definitions apply to this subpart?

151.2030　Who is responsible for determining when to use the safety exemption?

151.2035　What are the voluntary ballast water management guidelines?

151.2040　What are the mandatory requirements for vessels carrying ballast water into the waters of the United States after operating beyond the Exclusive Economic Zone (EEZ)?

151.2045　What are the mandatory recordkeeping requirements?

151.2050　What methods are used to monitor compliance with this subpart?

151.2055　Where are the alternate exchange zones located? [Reserved]

151.2060　What must each application for approval of an alternative compliance technology contain? [Reserved]

151.2065　What is the standard of adequate compliance determined by the ANSTF for this subpart? [Reserved]

APPENDIX TO SUBPART D OF PART 151―BALLAST WATER REPORTING FORM AND INSTRUCTIONS FOR BALLAST WATER REPORTING FORM

　

§ 157.10d Double hulls on tank vessels.

(a) With the exceptions stated in§157.08(n), this section applies to a tank vessel―

(1) For which the building contract is awarded after June 30, 1990;

(2) That is delivered after December 31, 1993;

(3) That undergoes a major conversion for which;

(i) The contract is awarded after June 30, 1990; or

(ii) Conversion is completed after December 31, 1993; or

(4) That is otherwise required to have a double hull by 46 U.S.C. 3703a(c).

NOTE: The double hull compliance dates of 46 U.S.C. 3703a(c) are set out in appendix G to this part. To determine a tank vessel's double hull compliance date under OPA 90, use the vessel's hull configuration (i.e., single hull; single hull with double sides; or single hull with double bottom) on August 18, 1990.

(b) Each vessel to which this section applies must be fitted with:

(1) A double hull in accordance with this section; and

(2) If § 157.10 applies, segregated ballast tanks and a crude oil washing system in accordance with that section.

(c) Except on a vessel to which§ 157.10d(d) applies, tanks within the cargo tank length that carry any oil must be protected by double sides and a double bottom as follows:

(1) Double sides must extend for the full depth of the vessel's side or from the uppermost deck, disregarding a rounded gunwale where fitted, to the top of the double bottom. At any cross section, the molded width of the double side, measured at right angles to the side shell plating, from the side of tanks containing oil to the side shell plating, must not be less than the distance w as shown in Figure 157.10d(c)and specified as follows:

(i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)] meters; or, w=2.0 meters (79 in.), whichever is less, but in no case less than 1.0 meter (39 in.).

(ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)] meters, but in no case less than 0.76 meter (30 in.).

(iii) For a vessel to which paragraph(a)(4) of this section applies: w=0.76 meter (30 in.), provided that the double side was fitted under a construction or conversion contract awarded prior to June 30, 1990.

(2) At any cross section, the molded depth of the double bottom, measured at right angles to the bottom shell plating, from the bottom of tanks containing oil to the bottom shell plating, must not be less than the distance h as shown in Figure 157.10d(c) and specified as follows:

(i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters (79 in.), whichever is less, but in no case less than 1.0 meter (39 in.).

(ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case less than 0.76 meter (30 in.).

(iii) For a vessel to which paragraph(a)(4) of this section applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but in no case less than 0.76 meter (30 in.), provided that the double bottom was fitted under a construction or conversion contract awarded prior to June 30, 1990.

(3) For a vessel built under a contract awarded after September 11, 1992, within the turn of the bilge or at cross sections where the turn of the bilge is not clearly defined, tanks containing oil must be located inboard of the outer shell―

(i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above the base line, not less than the distance h, as shown in Figure 157.10d(c) and specified in paragraph (c)(2) of this section. At levels greater than 1.5h above the base line, not less than the distance w, as shown in Figure 157.10d(c) and specified in paragraph (c)(1) of this section.

(ii) For a vessel of less than 5,000

DWT: Not less than the distance h above the line of the mid-ship flat bottom, as shown in Figure 157.10d(c)(3)(ii)and specified in paragraph (c)(2) of this section. At levels greater than h above the line of the mid-ship flat bottom, not less than the distance w, as shown in Figure 157.10d(c)(3)(ii) and specified in paragraph (c)(1) of this section.

(4) For a vessel to which §157.10(b) applies that is built under a contract awarded after September 11, 1992.

(i) The aggregate volume of the double sides, double bottom, forepeak tanks, and afterpeak tanks must not be less than the capacity of segregated ballast tanks required under §157.10(b). Segregated ballast tanks that may be provided in addition to those required under §157.10(b) may be located anywhere within the vessel.

(ii) Double side and double bottom tanks used to meet the requirements of§157.10(b) must be located as uniformly as practicable along the cargo tank length. Large inboard extensions of individual double side and double bottom tanks, which result in a reduction of overall side or bottom protection, must be avoided.

(d) A vessel of less than 10,000 DWT that is constructed and certificated for service exclusively on inland or limited short protected coastwise routes must be fitted with double sides and a double bottom as follows:

(1) A minimum of 61 cm. (2 ft.) from the inboard side of the side shell plate, extending the full depth of the side or from the main deck to the top of the double bottom, measured at right angles to the side shell; and

(2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell plating, along the full breadth of the vessel's bottom, measured at right angles to the bottom shell.

(3) For a vessel to which paragraph(a)(4) of this section applies, the width of the double sides and the depth of the double bottom may be 38 cm. (15 in.), in lieu of the dimensions specified in paragraphs (d)(1) and (d)(2) of this section, provided that the double side and double bottom tanks were fitted under a construction or conversion contract awarded prior to June 30, 1990.

(4) For a vessel built under a contract awarded after September 11, 1992, a minimum 46 cm. (18 in.) clearance for passage between framing must be maintained throughout the double sides and double bottom.

(e) Except as provided in paragraph(e)(3) of this section, a vessel must not carry any oil in any tank extending forward of:

(1) The collision bulkhead; or

(2) In the absence of a collision bulkhead, the transverse plane perpendicular to the centerline through a point located:

(i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel length, but in no case less than 1 meter (39 in.), aft of the forward perpendicular;

(ii) On a vessel of less than 10,000 DWT tons that is constructed and certificated for service exclusively on inland or limited short protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 percent of the vessel length, but in no case less than 61 cm. (2 ft.), aft of the headlog or stem at the freeboard deck; or

(iii) On each vessel which operates exclusively as a box or trail barge, 61 cm. (2 ft.) aft of the headlog.

(3) This paragraph does not apply to independent fuel oil tanks that must be located on or above the main deck within the areas described in paragraphs(e)(1) and (e)(2) of this section to serve adjacent deck equipment that cannot be located further aft. Such tanks must be as small and as far aft as is practicable.

(f) On each vessel, the cargo tank length must not extend aft to any point closer to the stern than the distance equal to the required width of the double side, as prescribed in§157.10d(c)(1) or §157.10d(d)(1).

　

[CGD 90-051, 57 FR 36239, Aug. 12, 1992, as amended by USCG-1999-6164, 65 FR 39262, June 23, 2000]

PART 163―TOWING OF BARGES

　

Sec.

163.01 Application.

163.05 Tows of seagoing barges within inland waters.

163.20 Bunching of tows.

　AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR l.46(n).

　

§163.01 Application.

(a) The regulations in this part apply to vessels navigating the harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal, the Red River of the North, the Mississippi River and its tributaries above Huey P. Long Bridge, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway.

(b) Seagoing barges and their towing vessels shall be subject to the requirements in this part under the provisions of section 14 of the Act of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33 U.S.C. 152). Under the provisions of section 15 of the Act of May 28, 1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for use of an unlawful towline shall be an action against the master of the towing vessel seeking the suspension or revocation of his license.

　

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR 13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

　

§163.05 Tows of seagoing barges within inland waters.

(a) The tows of seagoing barges when navigating the inland waters of the United States shall be limited in length to five vessels, including the towing vessel or vessels.

　

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

　

§163.20 Bunching of tows.

(a) In all cases where tows can be bunched, it should be done.

(b) Tows navigating in the North and East Rivers of New York must be bunched above a line drawn between Robbins Reef Light and Owls Head, Brooklyn, but the quarantine anchorage and the north entrance to Ambrose Channel shall be avoided in the process of bunching tows.

(c) Tows must be bunched above the mouth of the Schuylkill River, Pa.

　

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64-21, 29 FR 5733, Apr. 30, 1964. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

§164.74 Towline and terminal gear for towing astern.

(a) Towline. The owner, master, or operator of each vessel towing astern shall ensure that the strength of each towline is adequate for its intended service, considering at least the following factors:

(1) The size and material of each towline must be―

(i) Appropriate for the horsepower or bollard pull of the vessel;

(ii) Appropriate for the static loads and dynamic loads expected during the intended service;

(iii) Appropriate for the sea conditions expected during the intended service;

(iv) Appropriate for exposure to the marine environment and to any chemicals used or carried on board the vessel;

(v) Appropriate for the temperatures of normal stowage and service on board the vessel;

(vi) Compatible with associated navigationalsafety equipment; and

(vii) Appropriate for the likelihood of mechanical damage.

(2) Each towline as rigged must be―

(i) Free of knots;

(ii) Spliced with a thimble, or have a poured socket at its end; and

(iii) Free of wire clips except for temporary repair, for which the towline must have a thimble and either five wire clips or as many wire clips as the manufacturer specifies for the nominal diameter and construction of the towline, whichever is more.

(3) The condition of each towline must be monitored through the―

(i) Keeping on board the towing vessel or in company files of a record of the towline's initial minimum breaking strength as determined by the manufacturer, by a classification (“class”)society authorized in §157.04 of this chapter, or by a tensile test that meets API Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see §164.03), Standard Test Method for Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test Methods for Fiber Rope Including Standard Terminations;

(ii) If the towline is purchased from another owner, master, or operator of a vessel with the intent to use it as a towline or if it is retested for any reason, keeping on board the towing vessel or in company files of a record of each retest of the towline's minimum breaking strength as determined by a class society authorized in §157.04 of this chapter or by a tensile test that meets API Specification 9A, Section 3; ASTM D 4268 (incorporated by reference, see§164.03) or Cordage Institute CIA 3, Standard Test Methods;

(iii) Conducting visual inspections of the towline in accordance with the manufacturer's recommendations, or at least monthly, and whenever the serviceability of the towline is in doubt(the inspections being conducted by the owner, master, or operator, or by a person on whom the owner, master, or operator confers the responsibility to take corrective measures appropriate for the use of the towline);

(iv) Evaluating the serviceability of the whole towline or any part of the towline, and removing the whole or part from service either as recommended by the manufacturer or a class society authorized in §157.04 of this chapter or in accordance with a replacement schedule developed by the owner, master, or operator that accounts for at least the―

(A) Nautical miles on, or time in service of, the towline;

(B) Operating conditions experienced by the towline;

(C) History of loading of the towline;

(D) Surface condition, including corrosion and discoloration, of the towline;

(E) Amount of visible damage to the towline;

(F) Amount of material deterioration indicated by measurements of diameter and, if applicable, measurements of lay extension of the towline; and

(G) Point at which a tensile test proves the minimum breaking strength of the towline inadequate by the standards of paragraph (a)(1) of this section, if necessary; and

(v) Keeping on board the towing vessel or in company files of a record of the material condition of the towline when inspected under paragraphs(a)(3)(iii) and (iv) of this section. Once this record lapses for three months or more, except when a vessel is laid up or out of service or has not deployed its towline, the owner, master, or operator shall retest the towline or remove it from service.

(b) Terminal gear. The owner, master, or operator of each vessel towing astern shall ensure that the gear used to control, protect, and connect each towline meets the following criteria:

(1) The material and size of the terminal gear are appropriate for the strength and anticipated loading of the towline and for the environment;

(2) Each connection is secured by at least one nut with at least one cotter pin or other means of preventing its failure;

(3) The lead of the towline is appropriate to prevent sharp bends in the towline from fairlead blocks, chocks, or tackle;

(4) There is provided a method, whether mechanical or non-mechanical, that does not endanger operating personnel but that easily releases the towline;

(5) The towline is protected from abrasion or chafing by chafing gear, lagging, or other means;

(6) Except on board a vessel towing in ice on Western Rivers or one using a towline of synthetic or natural fiber, there is fitted a winch that evenly spools and tightly winds the towline; and

(7) If a winch is fitted, there is attached to the main drum a brake that has holding power appropriate for the horsepower or bollard pull of the vessel and can be operated without power to the winch.

　

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]

　

§164.76 Towline and terminal gear for towing alongside and pushing ahead.

The owner, master, or operator of each vessel towing alongside or pushing ahead shall ensure that the face wires, spring lines, and push gear used―

(a) Are appropriate for the vessel's horsepower;

(b) Are appropriate for the arrangement of the tow;

(c) Are frequently inspected; and

(d) Remain serviceable.

　

[CGD 94-020, 61 FR 35075, July 3, 1996]

SUBCHAPTER P―PORTS AND WATERWAYS SAFETY

　

PART 160―PORTS AND WATERWAYS SAFETY―GENERAL

　

Subpart A―General

Sec.

160.1　Purpose.

160.3　Definitions.

160.5　Delegations.

160.7　Appeals.

　

Subpart B―Control of Vessel and Facility Operations

160.101　Purpose.

160.103　Applicability.

160.105　Compliance with orders.

160.107　Denial of entry.

160.109　Waterfront facility safety.

160.111　Special orders applying to vessel operations.

160.113　Prohibition of vessel operation and cargo transfers.

160.115　Withholding of clearance.

　

Subpart C―Notifications of Arrivals, Departures,　Hazardous Conditions, and Certain Dangerous Cargoes

160.201 Applicability and exceptions to applicability.

160.203 Definitions.

160.205 Waivers.

160.207 Notice of arrival: Vessels bound for ports or places in the United States.

160.209 [Reserved]

160.211 Notice of arrival: Vessels carrying certain dangerous cargo.

160.213 Notice of departure: Vessels carrying certain dangerous cargo.

160.215 Notice of hazardous conditions.

　

AUTHORITY: 33 U.S.C. 1223, 1231; 49 CFR 1.46. Subpart D is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

　

SOURCE: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise noted.

　

Subpart A―General

　

§160.1 Purpose.

(a) This subchapter contains regulations implementing the Ports and Waterways Safety Act (33 U.S.C. 1221) and related statutes.

　

§160.3 Definitions.

　For the purposes of this subchapter:

　Bulk means material in any quantity that is shipped, stored, or handled without the benefit of package, label, mark or count and carried in integral or fixed independent tanks.

　Captain of the Port means the Coast Guard officer designated by the Commandant to command a Captain of the Port Zone as described in part 3 of this chapter.

　Commandant means the Commandant of the United States Coast Guard.

　Commanding Officer, Vessel Traffic Services means the Coast Guard officer designated by the Commandant to command a Vessel Traffic Service(VTS) as described in part 161 of this chapter.

　Deviation means any departure from any rule in this subchapter.

　District Commander means the Coast Guard officer designated by the Commandant to command a Coast Guard District as described in part 3 of this chapter.

　ETA means estimated time of arrival.

　Length of Tow means, when towing with a hawser, the length in feet from the stern of the towing vessel to the stern of the last vessel in tow. When pushing ahead or towing alongside, length of tow means the tandem length in feet of the vessels in tow excluding the length of the towing vessel.

　Person means an individual, firm, corporation, association, partnership, or governmental entity.

　State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas Islands, and any other commonwealth, territory, or possession of the United States.

　Tanker means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous materials in bulk in the cargo spaces.

　Tank Vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.

　Vehicle means every type of conveyance capable of being used as a means of transportation on land.

　Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

　Vessel Traffic Services (VTS) means a service implemented under Part 161 of this chapter by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area.

　Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service as described in Part 161 of this chapter. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements.

　NOTE: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.

　VTS Special Area means a waterway within a VTS area in which special operating requirements apply.

　

[CGD 90-020, 59 FR 36323, July 15, 1994]

　

§160.5 Delegations.

(a) District Commanders and Captains of the Ports are delegated the authority to establish safety zones.

(b) Under the provisions of §§6.04-1 and 6.04-6 of this chapter, District Commanders and Captains of the Ports have been delegated authority to establish security zones.

(c) Under the provisions of §1.05-1 of this chapter, District Commanders have been delegated authority to establish regulated navigation areas.

(d) Subject to the supervision of the cognizant Captain of the Port and District Commander, Commanding Officers, Vessel Traffic Services are delegated authority under 33 CFR 1.01-30 to discharge the duties of the Captain of the Port that involve directing the operation, movement, and anchorage of vessels within a Vessel Traffic Service area including management of vessel traffic within anchorages, regulated navigation areas and safety zones, and to enforce Vessel Traffic Service and ports and waterways safety regulations. This authority may be exercised by Vessel Traffic Center personnel. The Vessel Traffic Center may, within the Vessel Traffic Service area, provide information, make recommendations, or, to a vessel required under Part 161 of this chapter to participate in a Vessel Traffic Service, issue an order, including an order to operate or anchor as directed; require the vessel to comply with orders issued; specify times of entry, movement or departure; restrict operations as necessary for safe operation under the circumstances; or take other action necessary for control of the vessel and the safety of the port or of the marine environment.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994]

　

§160.7 Appeals.

(a) Any person directly affected by a safety zone or an order or direction issued under this subchapter may request reconsideration by the official who issued it or in whose name it was issued. This request may be made orally or in writing, and the decision of the official receiving the request may be rendered orally or in writing.

(b) Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a Captain of the Port may appeal to the District Commander through the Captain of the Port. The appeal must be in writing, except as allowed under paragraph (d) of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the District Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the District Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the District Commander may, as a matter of discretion, allow oral presentation on the issues.

(c) Any person directly affected by the establishment of a safety zone or by an order or direction issued by a District Commander, or who receives an unfavorable ruling on an appeal taken under paragraph (b) of this section, may appeal through the District Commander to the Assistant Commandant for Marine Safety and Environmental Protection, U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, except as allowed under paragraph (d) of this section. The District Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph (b) of this section was made, and any comments which might be relevant, to the Assistant Commandant for Marine Safety and Environmental Protection. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Marine Safety and Environmental Protection. The decision of the Assistant Commandant for Marine Safety and Environmental Protection is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Marine Safety and Environmental Protection is issued in writing and constitutes final agency action.

(d) If the delay in presenting a written appeal would have significant adverse impact on the appellant, the appeal under paragraphs (b) and (c) of this section 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 Coast Guard official to whom the presentation was made. The written appeal must contain, at a minimum, the basis for the appeal and a summary of the material presented orally. If requested, the official to whom the appeal is directed may stay the effect of the action while the ruling is being appealed.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997]

　

Subpart B―Control of Vessel and Facility Operations

　

§160.101 Purpose.

　This subpart describes the authority exercised by District Commanders and Captains of the Ports to insure the safety of vessels and waterfront facilities, and the protection of the navigable waters and the resources therein. The controls described in this subpart are directed to specific situations and hazards.

　

§160.103 Applicability.

(a) This subpart applies to any―

(1) Vessel on the navigable waters of the United States, except as provided in paragraphs (b) and (c) of this section;

(2) Bridge or other structure on or in the navigable waters of the United States; and

(3) Land structure or shore area immediately adjacent to the navigable waters of the United States.

(b) This subpart does not apply to any vessel on the Saint Lawrence Seaway.

(c) Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this subpart does not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in:

(1) Innocent passage through the territorial sea of the United States;

(2) Transit through the navigable waters of the United States which form a part of an international strait.

　

§160.105 Compliance with orders.

　Each person who has notice of the terms of an order issued under this subpart must comply with that order.

　

§160.107 Denial of entry.

　Each District Commander or Captain of the Port, subject to recognized principles of international law, may deny entry into the navigable waters of the United States or to any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, to any vessel not in compliance with the provisions of the Port and Tanker Safety Act (33 U.S.C. 1221-1232) or the regulations issued thereunder.

　

§160.109 Waterfront facility safety.

(a) To prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters, and to protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss, each District Commander or Captain of the Port may:

(1) Direct the handling, loading, unloading, storage, and movement (including the emergency removal, control and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in 46 U.S.C. 2101 on any structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and

(2) Conduct examinations to assure compliance with the safety equipment requirements for structures.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]

　

§160.111 Special orders applying to vessel operations.

　Each District Commander or Captain of the Port may order a vessel to operate or anchor in the manner directed when:

(a) The District Commander or Captain of the Port has reasonable cause to believe that the vessel is not in compliance with any regulation, law or treaty;

(b) The District Commander or Captain of the Port determines that the vessel does not satisfy the conditions for vessel operation and cargo transfers specified in §160.113; or

(c) The District Commander or Captain of the Port has determined that such order is justified in the interest of safety by reason of weather, visibility, sea conditions, temporary port congestion, other temporary hazardous circumstances, or the condition of the vessel.

　

§160.113 Prohibition of vessel operation and cargo transfers.

(a) Each District Commander or Captain of the Port may prohibit any vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code, from operating in the navigable waters of the United States, or from transferring cargo or residue in any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, if the District Commander or the Captain of the Port determines that the vessel's history of accidents, pollution incidents, or serious repair problems creates reason to believe that the vessel may be unsafe or pose a threat to the marine environment.

(b) The authority to issue orders prohibiting operation of the vessels or transfer of cargo or residue under paragraph(a) of this section also applies if the vessel:

(1) Fails to comply with any applicable regulation;

(2) Discharges oil or hazardous material in violation of any law or treaty of the United States;

(3) Does not comply with applicable vessel traffic service requirements;

(4) While underway, does not have at least one licensed deck officer on the navigation bridge who is capable of communicating in the English language.

(c) When a vessel has been prohibited from operating in the navigable waters of the United States under paragraphs(a) or (b) of this section, the District Commander or Captain of the Port may allow provisional entry into the navigable waters of the United States, or into any port or place under the jurisdiction of the United States and within the district or zone of that District Commander or Captain of the Port, if the owner or operator of such vessel proves to the satisfaction of the District Commander or Captain of the Port, that the vessel is not unsafe or does not pose a threat to the marine environment, and that such entry is necessary for the safety of the vessel or the persons on board.

(d) A vessel which has been prohibited from operating in the navigable waters of the United States, or from transferring cargo or residue in a port or place under the jurisdiction of the United States under the provisions of paragraph (a) or (b)(1), (2) or (3) of this section, may be allowed provisional entry if the owner or operator proves, to the satisfaction of the District Commander or Captain of the Port that has jurisdiction, that the vessel is no longer unsafe or a threat to the environment, and that the condition which gave rise to the prohibition no longer exists.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998]

　

§160.115 Withholding of clearance.

　Each District Commander or Captain of the Port may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. App. 91 of any vessel, the owner or operator of which is subject to any penalties under 33 U.S.C. 1232.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]

　

Subpart C―Notifications of Arrivals,　Departures, Hazardous Conditions, and Certain Dangerous Cargoes

　

§160.201 Applicability and exceptions to applicability.

(a) This subpart prescribes notification requirements for U.S. and foreign vessels bound for or departing from ports or places in the United States.

(b) This part does not apply to recreational vessels under 46 U.S.C. 4301 et seq. and, except §160.215, does not apply to:

(1) Passenger and supply vessels when they are employed in the exploration for or in the removal of oil, gas, or mineral resources on the continental shelf, and

(2) Oil Spill Recovery Vessels(OSRVs) when engaged in actual spill response operations or during spill response exercises.

(c) Section 160.207 does not apply to the following:

(1) Each vessel of 300 gross tons or less, except a foreign vessel of 300 gross tons or less entering any port or place in the Seventh Coast Guard District as described by 3.35-1(b) of this chapter.

(2) Each vessel operating exclusively within a Captain of the Port zone.

(3) Each vessel operating upon a route that is described in a schedule that is submitted to the Captain of the Port for each port or place of destination listed in the schedule at least 24 hours in advance of the first date and time of arrival listed on the schedule and contains:

(i) Name of the vessel;

(ii) Country of registry of the vessel;

(iii) Call sign of the vessel;

(iv) International Maritime Organization(IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

(v) Name of the registered owner of the vessel;

(vi) Name of the operator of the vessel;

(vii) Name of the classification society of the vessel;

(viii) Each port or place of destination;

(ix) Estimated dates and times of arrivals at and departures from these ports or places; and

(x) Name and telephone number of a 24-hour point of contact.

(4) Each vessel arriving at a port or place under force majeure.

(5) Each vessel entering a port of call in the United States in compliance with the Automated Mutual Assistance Vessel Rescue System (AMVER).

(6) Each barge.

(7) Each public vessel.

(8) United States or Canadian flag vessels, except tank vessels or vessels carrying certain dangerous cargo, which operate solely on the Great Lakes.

(d) Sections 160.207, 160.211, and 160.213 apply to each vessel upon the waters of the Mississippi River between its mouth and mile 235, Lower Mississippi River, above Head of Passes. Sections 160.207, 160.211, and 160.213 do not apply to each vessel upon the waters of the Mississippi River between its sources and mile 235, above Head of Passes, and all the tributaries emptying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 14078, Apr. 7, 1989; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 94-089, 61 FR 50234, Sept. 25, 1996; USCG-2000-7223, 65 FR 40058, June 29, 2000]

　

§160.203 Definitions.

　As used in this subpart:

　Agent means any person, partnership, firm, company or corporation engaged by the owner or charterer of a vessel to act in their behalf in matters concerning the vessel.

　Carried in bulk means a commodity that is loaded or carried on board a vessel without containers or labels and received and handled without mark or count.

　Certain dangerous cargo includes any of the following:

(a) Division 1.1 or 1.2 (explosive) materials, as defined in 49 CFR 173.50.

(b) Oxidizing materials or blasting agents for which a permit is required under 49 CFR 176.415.

(c) Highway route controlled quantity radioactive material, as defined in 49 CFR 173.403(1), or Fissile Class III shipments of fissile radioactive material, as defined in 49 CFR 173.455(a)(3).

(d) Each cargo under Table 1 of 46 CFR Part 153 when carried in bulk.

(e) Any of the following when carried in bulk:

　

Acetaldehyde

Ammonia, anhydrous

Butadiene

Butane

Butene

Butylene Oxide

Chlorine

Ethane

Ethylene

Ethylene Oxide

Methane

Methyl Acetylene, Propadiene Mixture, Stabilized

Methyl Bromide

Methyl Chloride

Phosphorous, elemental

Propane

Propylene

Sulfur Dioxide

Vinyl Chloride

　

　Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far as Saint Regis, and adjacent port areas.

　Gross tons means the tonnage determined by the tonnage authorities of a vessel's flag state in accordance with the national tonnage rules in force before the entry into force of the International Convention on Tonnage Measurement of Ships, 1969 (“Convention”). For a vessel measured only under Annex I of the Convention, gross tons means that tonnage. For a vessel measured under both systems, the higher gross tonnage is the tonnage used for the purposes of the 300-gross-ton threshold.

　Hazardous condition means any condition that may adversely affect (1) the safety of any vessel, bridge, structure, or shore area or (2) the environmental quality of any port, harbor, or navigable waterway of the United States. It may―but need not―involve collision, allision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or manning-shortage.

　Operator means any person including, but not limited to, an owner, a demise-(bareboat-) charterer, or another contractor who conducts, or is responsible for, the operation of a vessel.

　Port or place of departure means any port or place in which a vessel is anchored or moored.

　Port or place of destination means any port or place to which a vessel is bound to anchor or moor.

　Public vessel means a vessel that is owned or demise- (bareboat-) chartered by the government of the United States, by a State or local government, or by the government of a foreign country and that is not engaged in commercial service.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 84-039, 50 FR 8614, Mar. 4, 1985; 50 FR 9426, Mar. 8, 1985; CGD 94-027, 59 FR 39459, Aug. 3, 1994; CGD 92-050, 59 FR 39966, Aug. 5, 1994; CGD 94-089, 61 FR 50234, Sept. 25, 1996; USCG-1999-5832, 64 FR 34715, June 29, 1999]

　

§160.205 Waivers.

　The Captain of the Port may waive, within that Captain of the Port's designated zone, any of the requirements of this subpart for any vessel or class of vessels upon finding that the vessel, route, area of operations, conditions of the voyage, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of safety, environmental protection, or national security.

　

§160.207 Notice of arrival: Vessels bound for ports or places in the United States.

(a) The owner, agent, master, operator, or person in charge of a vessel on a voyage of 24 hours or more shall report under paragraph (c) of this section at least 24 hours before entering the port or place of destination.

(b) The owner, agent, master, operator, or person in charge of a vessel on a voyage of less than 24 hours shall report under paragraph (c) of this section before departing the port or place of departure.

(c) The Captain of the Port of the port or place of destination in the United States must be notified of:

(1) Name of the vessel;

(2) Country of registry of the vessel;

(3) Call sign of the vessel;

(4) International Maritime Organization(IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

(5) Name of the registered owner of the vessel;

(6) Name of the operator of the vessel;

(7) Name of the classification society of the vessel;

(8) Name of the port or place of departure;

(9) Name of the port or place of destination;

(10) Estimated date and time of arrival at this port or place; and

(11) Name and telephone number of a 24-hour point of contact.

(d) International Safety Management(ISM) Code (Chapter IX of SOLAS) Notice. If you are the owner, agent, master, operator, or person in charge of a vessel that is 500 gross tons or more and engaged on a foreign voyage to the United States, you must provide the ISM Code notice described in paragraph(e) as follows:

(1) ISM Code notice beginning January 26, 1998, if your vessel is―a passenger vessel carrying more than 12 passengers, a tank vessel, a bulk freight vessel, or a high-speed freight vessel.

(2) ISM Code notice beginning January 1, 2002, if your vessel is―a freight vessel not listed in paragraph (d)(1) or a selfpropelled mobile offshore drilling unit(MODU).

(e) Content and Manner of ISM Code Notice.

(1) ISM Code notice includes the following:

(i) The date of issuance for the company's Document of Compliance certificate that covers the vessel.

(ii) The date of issuance for the vessel's Safety Management Certificate, and,

(iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those certificates.

(2) If you meet the criteria in paragraph(d) of this section, you must give the ISM Code notice to the Coast Guard Captain of the Port of the port or place of your destination in the U.S. at least 24 hours before you enter the port or place of destination. The ISM Code notice may be combined and provided with the report required by paragraph(a) of this section.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 91-045, 59 FR 40189, Aug. 5, 1994; CGD 94-089, 61 FR 50234, Sept. 25, 1996; CGD 97-067, 62 FR 65206, Dec. 11, 1997; 63 FR 5458, Feb. 3, 1998; CGD 97-067, 63 FR 44117, Aug. 17, 1998]

　

§160.209 [Reserved]

　

§160.211 Notice of arrival: Vessels carrying certain dangerous cargo.

(a) The owner, agent, master, operator, or person in charge of a vessel, except a barge, bound for a port or place in the United States and carrying certain dangerous cargo, shall notify the Captain of the Port of the port or place of destination at least 24 hours before entering that port or place of the:

(1) Name of the vessel;

(2) Country of registry of the vessel;

(3) Call sign of the vessel;

(4) International Maritime Organization(IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

(5) Name of the registered owner of the vessel;

(6) Name of the operator of the vessel;

(7) Name of the classification society of the vessel;

(8) Name of the port or place of departure;

(9) Name of the port or place of destination;

(10) Estimated date and time of arrival at this port or place;

(11) Name and telephone number of a 24-hour point of contact;

(12) Location of the vessel at the time of the report;

(13) Name of each of the certain dangerous cargoes carried;

(14) Amount of each of the certain dangerous cargoes carried;

(15) Stowage location of each of the certain dangerous cargoes carried; and

(16) Operational condition of the equipment under §164.35 of this chapter.

(b) The owner, agent, master, operator, or person in charge of a barge bound for a port or place in the United States carrying certain dangerous cargo shall report the information required in paragraphs (a)(1) through(a)(4) and (a)(8) through (16) of this section to the Captain of the Port of the port or place of destination at least 4 hours before entering that port or place.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 94-089, 61 FR 50234, 50235, Sept. 25, 1996]

　

§160.213 Notice of departure: Vessels carrying certain dangerous cargo.

(a) The owner, agent, master, operator, or person in charge of a vessel, except a barge, departing from a port or place in the United States for any other port or place and carrying certain dangerous cargo, shall notify the Captain of the Port or place of departure at least 24 hours before departing, unless this notification was made within 2 hours after the vessel's arrival, of the:

(1) Name of the vessel;

(2) Country of registry of the vessel;

(3) Call sign of the vessel;

(4) International Maritime Organization(IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

(5) Name of the registered owner of the vessel;

(6) Name of the operator of the vessel;

(7) Name of the classification society of the vessel;

(8) Name of the port or place of departure;

(9) Name of the port or place of destination;

(10) Estimated date and time of arrival at this port or place;

(11) Name and telephone number of a 24-hour point of contact;

(12) Name of each of the certain dangerous cargoes carried;

(13) Amount of each of the certain dangerous cargoes carried;

(14) Stowage location of each of the certain dangerous cargoes carried; and

(15) Operational condition of the equipment under §164.35 of this chapter.

(b) The owner, agent, master, operator, or person in charge of a barge departing from a port or place in the United States for any other port or place and carrying certain dangerous cargo shall report the information required in paragraphs (a)(1) through(a)(4) and (a)(8) through (15) of this section to the Captain of the Port of the port or place of departure at least 4 hours before departing, unless this report was made within 2 hours after the barge's arrival.

　

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR 14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; CGD 94-089, 61 FR 50235, Sept. 25, 1996]

　

§160.215 Notice of hazardous conditions.

　Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Marine Safety office or Group office. (Compliance with this section does not by itself discharge the duty of compliance with 46 CFR 4.05-10.)

　

[CGD 94-027, 59 FR 39460, Aug. 3, 1994]

Subpart 151.01―General

　

§151.01-1 Applicability.

　This part applies to the following:

(a) Oceangoing, as defined in 33 CFR 151.05(j), non-self-propelled United States ships and non-self-propelled foreign ships operating in United States waters that carry a bulk cargo that is―

(1) Listed in Table 151.05;

(2) Not being carried in a portable tank regulated under subpart 98.30 or 98.33 of this chapter; and

(3) Not an NLS or is an NLS cargo that is a Category D listed in §151.12-5 of this part.

(b) All non-self-propelled United States ships that are not oceangoing that carry a bulk cargo that is―

(1) Listed in Table 151.05, and

(2) Not being carried in a portable tank regulated under subpart 98.30 or 98.33 of this chapter.

　

[CGD 81-101, 52 FR 7776, Mar. 12, 1987, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990]

　

§151.01-2 Incorporation by reference.

(a) Certain standards and specifications are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the ones listed in paragraph (b) of this section, notice of change must be published in the FEDERAL REGISTER and the material made available to the public. All approved material is on file at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC, and is available from the sources indicated in paragraph (b) of this section.

(b) The standards and specifications approved for incorporation by reference in this part and the sections affected, are:

　

[CGD 85-061, 54 FR 50965, Dec. 11, 1989, as amended by USCG-1999-6216, 64 FR 53227, Oct. 1, 1999; USCG-1999-5151, 64 FR 67183, Dec. 1, 1999]

　

§151.01-3 [Reserved]

　

§151.01-5 [Reserved]

　

§151.01-10 Application of vessel inspection regulations.

(a) The regulations in this part are requirements which may be in addition to, supplement, or modify requirements in other subchapters in this chapter. When a specific requirement in another part or section in another subchapter in this chapter is in conflict with or contrary to requirement or intent expressed in this part, the regulations in this part shall take precedence.

(b) Every unmanned tank barge which carries or is intended to carry in bulk any liquid or liquefied gas listed in Table 151.05 and has flammability or combustibility characteristics as indicated by a fire protection requirement in Table 151.05 shall be inspected and certificated under the provisions in subchapter D (Tank Vessels) of this chapter and the regulations in this part.

(c) Every unmanned tank barge prior to the carriage in bulk of any liquid or liquefied gas listed in Table 151.05 which does not have the flammability or combustibility characteristics as indicated by the fire protection requirement in Table 151.05 shall be inspected and certificated under the applicable provisions of subchapter D or subchapter I of this chapter, at the option of the barge owner, in addition to the regulations in this part. However, unless the barge owner notifies the Officer in Charge, Marine Inspection of his option to have the barge inspected and certificated under subchapter I at the time he submits the application for inspection(Form CG-3752), the unmanned tank barge shall be inspected and certificated under the provisions of subchapter D of this chapter and the regulations in this part.

(c-1) Each unmanned tank barge constructed on or after September 6, 1977, that carries in bulk a cargo listed in Table 151.05 and that is certificated under subchapter I of this chapter must meet the loading information requirements in §31.10-32 of this chapter.

(d) The provisions of subchapter D of this chapter shall apply to all unmanned tank barges which carry in bulk any of the liquids or liquefied gases listed in Table 30.25-1 of this chapter. The provisions of this part shall not apply to such barges unless it is also desired to carry one or more of the liquids or liquefied gases listed in Table 151.05.

(e) Manned barges which carry or intend to carry in bulk the cargoes specified in Table 151.05 will be considered individually by the Commandant and may be required to meet the requirements of this subchapter and of subchapter D (Tank Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter as applicable.

　

[CGFR 70-10, 35 FR 3714, Feb. 25, 1970]

　

　EDITORIAL NOTE: For Federal Register citations affecting §151.01-10, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

　

§151.01-15 Dangerous cargoes not specifically named.

(a) Any liquid or liquefied gas, which meets the definitions referred to in§151.01-1 and is not named in Table 151.05 or Table 30.25-1 of this chapter shall not be transported in bulk in a manned or unmanned tank barge without the prior specific approval of the Commandant.

(b) Mixtures or blends of two or more cargoes, one or more of which appears in Table 151.05, will be treated as though they were new products and specific approval of the Commandant must be obtained prior to undertaking their transportation.

　

[CGFR-70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 81-101, 52 FR 7777, Mar. 12, 1987; CGD 81-101, 53 FR 28974, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989; CGD 88-100, 54 FR 40029, Sept. 29, 1989]

　

§151.01-20 Use of minimum requirements.

(a) The minimum requirements governing transportation of any liquid or liquefied gas listed in Table 151.05 are set forth in this part when such substances are carried in bulk in unmanned tank barges.

(b) Before any liquid or liquefied gas listed in Table 151.05 may be carried in an unmanned tank barge, the certificate of inspection issued to such barge shall be appropriately endorsed to show approval to transport such cargo.

　

[CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40029, Sept. 29, 1989]

　

§151.01-25 Existing barges.

(a) Except as provided in paragraph(c) of this section, barges certified for, or used within the previous 2 years prior to the effective date of this regulation, or barges equivalent to such barges, for the transportation of any cargo regulated by this subchapter which do not meet the specific requirements herein, may be continued in service subject to the following conditions:

(1) Venting, gauging, and all operating requirements shall be met within a 1-year period subsequent to the effective date.

(2) All other requirements shall be met within a 2-year period subsequent to the effective date.

(b) If an existing barge, which has been designed to carry or has regularly been carrying one or more of the cargoes regulated by this subchapter, is found to be so arranged, or outfitted that conversion to bring it into compliance with any or all of the requirements of this subchapter is impractical or impossible, the Commandant, upon application, may review the plans of the barge to determine if it is suitable and safe for the cargoes to be transported.

(c) Except for operating and vinyl chloride requirements, barges constructed and certificated for the transportation of any cargo for which specific regulations existed, in parts 36, 38, 39, 40, and 98 of this chapter at the time of their construction or conversion, may continue and will be certificated to operate without the requirement that they comply with the provisions of subchapter O of this chapter.

　

[CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 74-167k, 40 FR 17026, Apr. 16, 1975]

　

§151.01-30 Effective date.

(a) The regulations in this subchapter are effective on and after June 1, 1970. However, amendments, revisions, or additions shall become effective ninety (90) days after the date of publication in the FEDERAL REGISTER unless the Commandant shall fix a different time.

(b) The regulations in this subchapter are not retroactive in effect unless specifically made so at the time the regulations are issued. Changes in specification requirements of articles of equipment, or materials used in construction of tank barges, shall not apply to such items which have been passed as satisfactory until replacement shall become necessary, unless a specific finding is made that such equipment or materials used is unsafe or hazardous and has to be removed from tank barges.

　

§151.01-35 Right of appeal.

Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.

　

[CGD 88-033, 54 FR 50381, Dec. 6, 1989]

Subpart 151.10―Barge Hull 　Construction Requirements

　

§151.10-1 Barge hull classifications.

(a) Each barge constructed or converted in conformance with this subpart shall be assigned a hull type number.

(1) Effective dates for certain requirements:

(i) Barges constructed or converted between July 1, 1964, and June 1, 1970, in accordance with the construction requirements of§§32.63 and 98.03 of this chapter are considered to comply with the basic provisions of this subpart and will retain the hull type classification for the service for which they were originally approved. Changes in product endorsement will not be considered a change in service, except when a change to a product of higher specific gravity necessitates a reevaluation of the intact and damage stability requirements in subpart E of part 172 of this chapter.

(2) [Reserved]

(b) For this purpose the barge hull types shall be defined as follows:

(1) Type I barge hull. Barge hulls classed as Type I are those designed to carry products which require the maximum preventive measures to preclude the uncontrolled release of the cargo. These barges are required to meet:

(i) Standards of intact stability and a modified two compartment standard of subdivision and damage stability, as specified in subpart E of part 172 of this chapter; and

(ii) Hull structural requirements, including an assumed grounding condition.

(2) Type I-S (special) barge hulls. Type I-S (special) barge hulls are those constructed or converted for the carriage of chlorine in bulk prior to July 1, 1964, and modified to higher stability standards prior to July 1, 1968, but not meeting the requirements for full Type I classification.

(3) Type II barge hull. Barge hulls classed as Type II are those designed to carry products which require significant preventive measures to preclude the uncontrolled release of the cargo. These barges are required to meet:

(i) Standards of intact stability and a modified one compartment standard of subdivision and damage stability, as specified in subpart E of part 172 of this chapter; and

(ii) Hull structural requirements, including an assumed grounding condition.

(4) Type III barge hull. Barge hulls classed as Type III are those designed to carry products of sufficient hazard to require a moderate degree of control. These barges are required to meet:

(i) Standards of intact stability as specified in subpart E of part 172 of this chapter; and

(ii) Hull structural requirements.

　

[CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 79-023, 48 FR 51008, Nov. 4, 1983; CGD 88-100, 54 FR 40040, Sept. 29, 1989]

　

§151.10-5 Subdivision and stability.

　Each barge must meet the applicable requirements in subchapter S of this chapter.

　

[CGD 70-023, 48 FR 51009, Nov. 4, 1983]

　

§151.10-15 Certificate endorsement.

(a)-(b) [Reserved]

(c) Certificate endorsement. The following information shall be submitted, and upon approval of calculations shall form part of the endorsement on the Certificate of Inspection:

(1) Limiting draft for each hull type service for which approval is requested.

(2) Maximum density (lb./gal.) and maximum cargo weight (tons) for each tank for which approval is requested. Their weights will normally reflect uniform loading except that for trim purposes the individual tank cargo weight may exceed the uniform loading tank cargo weight, corresponding to the barge fresh water deadweight at the limiting draft, by 5 percent. Where a greater degree of nonuniform loading is desired, longitudinal strength calculations shall be submitted.

　

[CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 79-023, 48 FR 51009, Nov. 4, 1983]

　

§151.10-20 Hull construction.

(a) Construction features. (1) Each barge hull shall be constructed with a suitable bow form (length, shape, and height of headlog) to protect against diving at the maximum speed at which the barge is designed to be towed. In any integrated tow, only the lead barge need comply with this requirement.

(2) All “open hopper” type barges shall be provided with coamings around the hopper space and a 36-inch minimum height plowshare breakwater on the forward rake. The plowshare breakwater may be omitted, if it is demonstrated to the satisfaction of the Commandant that sufficient protection is achieved without it. Coamings shall have a minimum height of 36 inches forward and may be graduated to a minimum height of 24 inches at midlength and 18 inches thereafter. All hopper barges constructed with a weathertight rain shield over the hopper space are exempt from these requirements, except that they shall be provided with an 18-inch minimum coaming all around the hopper.

(3) All “open hopper” type barges modified for the carriage of chlorine in bulk shall be provided with 36-inch minimum height coamings around the hopper.

(4) All barges in ocean or coastwise service shall be provided with a structural deck and hatches in accordance with the applicable provisions of subchapter E of this chapter and the scantling requirements of the American Bureau of Shipping.

(b) Hull structural requirements. (1) All Types I, II, and III barges shall comply with the basic structural requirements of the American Bureau of Shipping for barges of the ordinary types and the applicable supplementary requirements of this section.

(2) Types I and II barges in inland service: A grounding condition shall be assumed where the forward rake bulkhead rests upon a pinnacle at the water surface. The maximum hull and tank bending moment and tank saddle reactions(if applicable) shall be determined. The hull bending stress shall not exceed the applicable limits of paragraphs (b)(2) (i), (ii), or (iii) of this section. The maximum tank bending moment and saddle reaction shall be used in the tank design calculations required by §151.15-2(b)(3).

(i) Independent tanks supported by only two saddles do not contribute to the strength and stiffness of the barge hull. In such case, the hull stress shall not exceed either 50 percent of the minimum ultimate tensile strength of the material or 70 percent of the yield strength when specified, whichever is greater.

(ii) Independent tanks supported by three or more saddles contribute to the strength and stiffness of the hull. In such case, the hull stress shall not exceed the percentage stress values prescribed in §151.10-20(b)(2)(i), multiplied by the quantity

　

(1.5-SWT/UTS),

　

where SWT is the stress calculated without including the effect of the tanks, and UTS is the minimum ultimate tensile strength of the material. The value SWT, however, shall in no case be more than 75 percent of UTS.

(iii) Integral tanks may be considered as contributing to the strength and stiffness of the barge hull. The hull stresses for integral tank barges shall not exceed the percentage stress values prescribed in paragraph (b)(2)(i), of this section.

(3) Types I and II barges in ocean service:

(i) Independent tank barges with tanks supported by three or more saddles shall be subjected to a 0.6L^0.6 trochoidal wave hogsag analysis to determine the maximum hull and tank bending moments and tank saddle reactions.

(ii) All independent tank barges, regardless of the number of saddle supports shall be subject to a still water bending analysis to determine the hull bending moment. For those barges with independent tanks supported by three or more saddles, this analysis shall consider tank-hull interaction so as to determine tank bending moments and saddle reactions.

(iii) The still water tank bending moments and saddle reactions shall be superimposed upon those obtained by simultaneous application of the following dynamic loadings:

(a) Rolling 30°each side (120゜full cycle) in 10 seconds.

(b) Pitching 6°half amplitude (24゜full cycle) in 7 seconds.

(c) Heaving L/80 half amplitude (L/20 full cycle) in 8 seconds.

(iv) The hull structure and saddle support system shall be analyzed, using the maximum hull bending moments and saddle reactions obtained from the foregoing. Bending stress shall not exceed 60 percent of the yield strength or 42 percent of the minimum tensile strength of the material, whichever is less. Critical buckling strength shall be at least 75 percent greater than calculated buckling stresses. The maximum tank bending moments and saddle reactions shall be used in the tank design calculations required by §151.15-3(b)(8).