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(continued)

(ii) Revolutions, number of cycles, and length of cycles of each COW machine.

(iii) Pressure and flow of the stripping device.

(iv) Number and location of COW machines operating simultaneously in each cargo tank.

(9) The oxygen content of the gas or mixture of gases that is supplied by the inert gas system to each cargo tank recorded during COW operations when passing the inspections under §157.140.

(10) The volume of water used for water rinsing recorded during COW operations when passing the inspections under §157.140.

(11) The trim conditions of the tank vessel recorded during COW operations when passing the inspections under §157.140.

(12) The procedure for stripping cargo tanks of crude oil.

(13) The procedure for draining and stripping the pumps and piping of the COW system, cargo system, and stripping system after each crude oil cargo discharge.

(14) The procedure for crude oil washing cargo tanks that includes the following:

(i) The tanks to be crude oil washed to meet §157.160.

(ii) The order in which those tanks are washed.

(iii) The single-stage or multi-stage method of washing each tank.

(iv) The number of COW machines that operate simultaneously in each tank.

(v) The duration of the crude oil wash and water rinse.

(vi) The volume of water to be used for water rinse in each tank.

(15) The procedures and equipment needed to prevent leakage of crude oil from the COW system.

(16) The procedures and equipment needed if leakage of crude oil from the COW system occurs.

(17) The procedures for testing and inspecting the COW system for leakage of crude oil before operating the system.

(18) The procedures and equipment needed to prevent leakage of crude oil from the steam heater under §157.122(i) to the engine room.

(19) The number of crew members needed to conduct the following:

(i) The discharge of cargo.

(ii) The crude oil washing of cargo tanks.

(iii) The simultaneous operations in paragraphs (a)(19) (i) and (ii) of this section.

(20) A description of the duties of each crew member under paragraph (a)(19) of this section.

(21) The procedures for ballasting and deballasting cargo tanks.

(22) The step by step procedure for the inspection of the COW system by vessel personnel before COW operations begin that includes the procedure for inspecting and calibrating each instrument. (Operational Checklist)

(23) The intervals for on board inspection and maintenance of the COW equipment. Informational references to technical manuals supplied by the manufacturers may be included in this part of the manual.

(24) A list of crude oils that are not to be used in COW operations.

(25) The procedure to meet §157.155(a)(4).

(b) In addition to meeting paragraph (a) of this section, each Crude Oil Washing Operations and Equipment Manual on a tank vessel having a COW system under §157.10a(a)(2) or §157.10c(b)(2) must include the following:

(1) The procedure to meet §157.166.

(2) The procedures to meet §157.155(b).

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

Inspections
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§ 157.140 Tank vessel inspections.
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(a) Before issuing a letter under §157.142, the Coast Guard makes an initial inspection of each U.S. tank vessel having a COW system under §157.10(e), §157.10(a)(2), or §157.10c(b)(2) and each foreign tank vessel whose owner or operator submitted the plans under §157.102 to determine whether or not, when entering a port, the cargo tanks that carry crude oil meet the following:

(1) After each tank is crude oil washed but not water rinsed, except the bottom of the tank may be flushed with water and stripped, each tank is essentially free of oil residues to a degree acceptable to the Coast Guard inspector.

(2) After the tanks that are to be used as ballast tanks when leaving the port are crude oil washed and stripped but not water rinsed or bottom flushed, they are filled with water and the total volume of crude oil floating on top of the water in these tanks is 0.085 percent or less of the total volume of these tanks.

(b) Except on a tank vessel under §157.10(e), if the initial inspection under paragraph (a) of this section has been passed and the vessel arrives at the first cargo loading port after completing a ballast voyage, the Coast Guard monitors the discharge of effluent from those tanks that have been crude oil washed, water rinsed, stripped, and filled with ballast water to determine whether or not the oil content of the effluent is 15 ppm or less.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.142 Letter of acceptance: Inspections.
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If the inspections under §157.140 are passed, the Coast Guard issues to the tank vessel a letter that states that the vessel complies with this subpart.

§ 157.144 Tank vessels of the same class: Inspections.
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(a) If more than one tank vessel is constructed from the same plans, the owner or operator may submit a written request to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593–0001, for only one of those tank vessels to be inspected under §157.140.

(b) Only one tank vessel of the class is inspected under §157.140, if the Commandant accepts the request submitted under paragraph (a) of this section.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11630, Mar. 22, 1985; CGD 88–052, 53 FR 25122, July 1, 1988; CGD 96–026, 61 FR 33668, June 28, 1996]

§ 157.146 Similar tank design: Inspections on U.S. tank vessels.
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(a) If a U.S. tank vessel has tanks similar in dimensions and internal structure, the owner or operator may submit a written request to the Officer in Charge, Marine Inspection, of the zone in which the COW system is inspected, for only one of those tanks to be inspected under §157.140(a)(1).

(b) Only one tank of a group of tanks similar in dimensions and internal structure is inspected under §157.140(a)(1), if the Officer in Charge, Marine Inspection, accepts the request submitted under paragraph (a) of this section.

§ 157.147 Similar tank design: Inspections on foreign tank vessels.
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(a) If a foreign tank vessel has tanks similar in dimensions and internal structure, the owner or operator may submit a written request to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593–0001, for only one of those tanks to be inspected under §157.140(a)(1).

(b) Only one tank of a group of tanks similar in dimensions and internal structure is inspected under §157.140(a)(1), if the Commandant accepts the request submitted under paragraph (a) of this section.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11630, Mar. 22, 1985; CGD 88–052, 53 FR 25122, July 1, 1988; CGD 96–026, 61 FR 33668, June 28, 1996]

§ 157.148 COW system: Evidence for inspections.
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(a) Before the inspections under §157.140 are conducted by the Coast Guard, the owner or operator of a foreign tank vessel that is to be inspected must submit to the Coast Guard inspector evidence that the COW system has been installed in accordance with the plans accepted under §157.106.

(b) Before the inspections under §157.140 are conducted by the Coast Guard, the owner or operator of a tank vessel that is to be inspected must submit to the Coast Guard inspector evidence that the COW piping system has passed a test of 1 1/2 times the design working pressure.

§ 157.150 Crude Oil Washing Operations and Equipment Manual: Recording information after inspections.
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After passing the inspections under §157.140, the owner, operator, and master shall ensure that the following are recorded in the Crude Oil Washing Operations and Equipment Manual approved under §157.112:

(a) The results of the inspections under §157.140.

(b) The following characteristics used to pass the inspections under §157.140:

(1) Pressure and flow of the crude oil pumped to the COW machines.

(2) Revolutions, number of cycles, and length of cycles of each COW machine.

(3) Pressure and flow of the stripping suction device.

(4) Number and location of COW machines operating simultaneously in each cargo tank.

(5) Volume of water used for water rinsing.

(6) Trim conditions of the tank vessel.

Personnel
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§ 157.152 Person in charge of COW operations.
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The owner, operator, and master of a tank vessel having a COW system under §157.10(e), §157.10(a)(2), or §157.10c(b)(2) shall ensure that the person designated as the person in charge of COW operations—

(a) Knows the contents in the Crude Oil Washing Operations and Equipment Manual approved by the Coast Guard under §157.112 or by the government of the vessel's flag state;

(b) On at least two occasions, has participated in crude oil washing of cargo tanks, one of those occasions occurring on:

(1) The tank vessel on which the person assumes duties as the person in charge of COW operations; or

(2) A tank vessel that is similar in tank design and which has COW equipment similar to that used on the tank vessel on which the person assumes duties as the person in charge of COW operations; and

(c) Has one year or more of tank vessel duty that includes oil cargo discharge operations and:

(1) Crude oil washing of cargo tanks; or

(2) Has completed a training program in crude oil washing operations that is approved by the Coast Guard or the government of the vessel's flag state.

Note: Standards of a Coast Guard approved training program are to be developed.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.154 Assistant personnel.
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The owner, operator, and master of a tank vessel having a COW system under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) shall ensure that each member of the crew that has a designated responsibility during COW operations—

(a) Has six months or more of tank vessel duty that includes oil cargo discharge operations;

(b) Has been instructed in the COW operation of the tank vessel; and

(c) Is familiar with the contents of the Crude Oil Washing Operations and Equipment Manual approved by the Coast Guard under §157.112 or by the government of the vessel's flag state.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

COW Operations
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§ 157.155 COW operations: General.
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(a) The master of a tank vessel having a COW system under §157.10(e), §157.10a(a)(2), or 157.10c(b)(2) shall ensure that—

(1) Before crude oil washing a cargo tank, the level in each tank with crude oil that is used as a source for crude oil washing is lowered at least one meter;

(2) A tank used as a slop tank is not used as a source for crude oil washing until:

(i) Its contents are discharged ashore or to another tank; and

(ii) The tank contains only crude oil;

(3) During COW operations:

(i) The valves under §157.122(i)(1) are shut; or

(ii) The blanks under §157.122(i)(2) are installed;

(4) The rotation of each COW machine mounted to or close to the bottom of each cargo tank is verified by:

(i) A visual inspection of a means located outside of the cargo tank that indicates movement of the machine during COW operations;

(ii) An audio inspection during COW operations; or

(iii) An inspection on a ballast voyage, with water as the fluid flowing through the machine;

(5) During the audio inspection under paragraph (a)(4)(ii) of this section, the COW machine being inspected is the only one operating in that tank;

(6) Before the inspection under paragraph (a)(4)(iii) of this section, the tank that has the COW machine being inspected in it, is gas freed;

(7) Each COW machine that is inspected under paragraph (a)(4)(iii) of this section is inspected at least once after every sixth COW operation of that machine, but no less that once every 12 months;

(8) After each stripping operation is completed, each tank:

(i) Is sounded by a means under §157.128(b); and

(ii) Contains no oil except a minimal quantity near the stripping suction;

(9) Before the tank vessel begins each ballast voyage, each cargo tank and each cargo main, stripping, and COW piping is stripped of crude oil and the strippings are conveyed ashore through the piping under §§157.11(d)(3) or 157.11(e)(4);

(10) Before water washing the cargo tanks, the piping of the COW system is drained of crude oil;

(11) When the cargo tanks are not being water washed, the hydrant valves under §157.122(g) are blanked off;

(12) If COW machines that are used as anchors for the piping of the COW system are removed, the means available under §157.122(l) for anchoring the piping are installed;

(13) The fire main is not connected to the COW system; and

(14) On combination carriers, if flexible hoses under §157.122(o) are used, those hoses are protectively stowed when not installed in the COW piping system.

(b) In addition to meeting paragraph (a) of this section, the master of a tank vessel having a COW system under §157.10a(a)(2) or §157.10c(b)(2) shall ensure that—

(1) Before ballasting cargo tanks upon leaving a port, each cargo pump, manifold, and piping that is used for ballasting the cargo tanks is drained of all crude oil; and

(2) Before ballasting or deballasting cargo tanks, except when ballasting cargo tanks to leave a port, the cargo piping that is used for ballasting or deballasting the cargo tanks is water washed.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.156 COW operations: Meeting manual requirements.
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Except as allowed in §157.158, the master of a foreign tank vessel having a COW system under §§157.10(e), 157.10a(a)(2), or 157.10c(b)(2) that has the Crude Oil Washing Operations and Equipment Manual approved under §157.112 and is operating in the navigable waters of the United States or transferring cargo at a port or place subject to the jurisdiction of the United States and the master of a U.S. tank vessel having a COW system under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) shall ensure that during each COW operation—

(a) The procedures listed in the Crude Oil Washing Operations and Equipment Manual are followed; and

(b) The characteristics recorded in the Crude Oil Washing Operations and Equipment Manual under §157.150(b) are met.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.158 COW operations: Changed characteristics.
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The COW system may be operated with characteristics that do not meet those recorded under §157.150(b) only if:

(a) The tank vessel passes the inspections under §157.140 using the changed characteristics;

(b) The changed characteristics used to pass the inspections under §157.140 are recorded in the Crude Oil Washing Operations and Equipment Manual approved under §157.112; and

(c) The Coast Guard issues to the tank vessel an amending letter stating that the tank vessel complies with this subpart with these characteristics.

§ 157.160 Tanks: Ballasting and crude oil washing.
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(a) The owner, operator, and master of a tank vessel under §157.10(e) shall ensure that:

(1) Ballast water is carried in a cargo tank only as allowed under §157.35;

(2) For oil cargo residue control, at least 25 percent of the cargo tanks are crude oil washed before each ballast voyage and that each cargo tank is crude oil washed at least once every fourth time crude oil is discharged from the tank, but no tank need be crude oil washed more than once during each 120 day period;

(3) Ballast water in a cargo tank that is crude oil washed but not water rinsed during or after the most recent discharge of crude oil from that tank is discharged in accordance with §157.37(a); and

(4) Cargo tanks are not crude oil washed during a ballast voyage.

(b) The owner, operator, and master of a tank vessel having a COW system under §157.10a(a)(2) or §157.10c(b)(2) shall ensure that—

(1) Ballast water is carried only in a cargo tank that is crude oil washed during or after the most recent discharge of crude oil from that tank;

(2) Before each ballast voyage a sufficient number of cargo tanks have been crude oil washed during or after the most recent discharge of crude oil from those tanks to allow ballast water to be carried in cargo tanks:

(i) With a total capacity to meet the draft and trim requirements in §157.10a(d); and

(ii) For the vessel's trading pattern and expected weather conditions;

(3) For oil cargo residue control, at least 25 percent of the cargo tanks not used for carrying ballast water under paragraph (b)(2)(i) of this section are crude oil washed before each ballast voyage, and that each cargo tank is crude oil washed at least once every fourth time crude oil is discharged from the tank, but no tank need be crude oil washed more than once during each 120 day period;

(4) Cargo tanks are not crude oil washed during a ballast voyage; and

(5) Ballast water in a cargo tank that is crude oil washed but not water rinsed during or after the most recent discharge of crude oil from that tank is discharged in accordance with §157.37(a).

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.162 Crude oil washing during a voyage.
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The master of a tank vessel having a COW system under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) shall ensure that each cargo tank that is crude oil washed during a voyage other than a ballast voyage—

(a) Remains empty so that the tank may be inspected upon arrival at the next discharge port; and

(b) If it is to be used as a ballast tank when leaving the discharge port, is ballasted before the vessel departs from that discharge port so that the tank may be inspected under §157.140(a)(2).

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.164 Use of inert gas system.
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(a) The master of a tank vessel having a COW system under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) shall ensure the following:

(1) Before each cargo tank is crude oil washed, the oxygen content in the tank is measured at each of the following locations in the tank:

(i) One meter from the deck.

(ii) In the center of the ullage space.

(2) Before each cargo tank with partial bulkheads is crude oil washed, each area of that tank formed by each partial bulkhead is measured in accordance with paragraph (a)(1) of this section.

(3) Before each cargo tank is crude oil washed, the oxygen content in that tank is 8 percent or less by volume at the locations under paragraph (a)(1) of this section.

(4) During COW operations, the following are maintained in each cargo tank being crude oil washed:

(i) A gas or a mixture of gases with an oxygen content of 8 percent or less by volume.

(ii) A positive atmospheric pressure.

(5) During COW operations, a crew member monitors the instrumentation under 46 CFR 32.53–60(a)(1), except if that instrumentation has an alarm that sounds in the cargo control room when the oxygen content exceeds 8 percent by volume.

(b) Crude oil washing of the cargo tanks must be terminated when paragraph (a)(4) of this section is not met and crude oil washing of that tank may not be resumed until the requirements of paragraph (a)(4) of this section are met.

[CGD 77–058b, 45 FR 43709, June 30, 1980, as amended by CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.166 Hydrocarbon emissions.
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If the tank vessel having a COW system under §157.10a(a)(2) or §157.10c(b)(2) transfers cargo at a port in the United States that is in an area designated in 40 CFR Part 81 as an area that does not meet the national primary ambient air quality ozone standard under 40 CFR Part 50, issued under the Clean Air Act, as amended (42 U.S.C. 1857), the master of the vessel shall ensure that when cargo tanks are ballasted in that port the hydrocarbon vapors in each tank are contained by a means under §157.132.

Note: Questions relating to whether or not a particular port is located in an area designated in 40 CFR Part 81 as an area that does not meet the national primary ambient air quality standard under 40 CFR Part 50 should be directed to the Plans Analysis Section of the Environmental Protection Agency at (919) 541–5665.

[CGD 82–28, 50 FR 11628, Mar. 22, 1985]

§ 157.168 Crew member: Main deck watch.
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During COW operations, the master shall ensure that at least one member of the crew with a designated responsibility for monitoring COW operations is on the main deck at all times.

§ 157.170 COW equipment: Removal.
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(a) Whenever a deck mounted COW machine is removed from the tank, the master shall ensure that:

(1) The supply piping to that machine is blanked off; and

(2) The tank opening is sealed by a secured plate made of steel or an equivalent material accepted by the Commandant.

(b) If the equipment for the COW system is removed from a cargo tank for the carriage of cargoes other than crude oil and then reinstalled, the master shall ensure that, before COW operations are conducted, the system has no crude oil leakage.

§ 157.172 Limitations on grades of crude oil carried.
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If a tank vessel having a COW system meeting §157.10a(a)(2) or §157.10c(b)(2) does not have segregated ballast tanks or dedicated clean ballast tanks that meet §157.10c(c)(2), the owner, operator, and master shall ensure that the vessel carries only the grades of crude oil that can be used for crude oil washing.

[CGD 82–28, 50 FR 11628, Mar. 22, 1985]

Subpart E—Dedicated Clean Ballast Tanks on Tank Vessels
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Source: CGD 77–058b, 45 FR 43714, June 30, 1980, unless otherwise noted.

General
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§ 157.200 Plans for U.S. tank vessels: Submission.
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(a) Before modifications are made to a U.S. vessel to meet §157.10a(b), §157.10b(a)(2), §157.10a(c)(2), or §157.10c(c)(2), the owner or operator must submit to the Coast Guard plans or documents that include the following:

(1) The dedicated clean ballast tank arrangement.

(2) Documentation, calculations, or revised stability information to show that the vessel, with the addition of the dedicated clean ballast tanks, meets the stability standards for load line assignment in 46 CFR Part 42.

(3) Documentation, calculations, or a loading manual to show that the vessel, with the addition of the dedicated clean ballast tanks, meets the structural standards in 46 CFR Part 32.

(4) A drawing or diagram of the pumping and piping system for the dedicated clean ballast tanks.

(b) Plans under paragraph (a) of this section must be submitted to the Officer in Charge, Marine Inspection, of the zone in which the dedicated clean ballast tank system is installed or to the Commanding Officer, U.S. Coast Guard Marine Safety Center, 400 7th Street, SW., Washington, DC 20590–0001.

(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control number 2115–0520)
[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by CGD 79–152, 45 FR 82250, Dec. 15, 1980; CGD 82–28, 50 FR 11628, and 11630, Mar. 22, 1985; CGD 85–048a, 51 FR 15481, Apr. 24, 1986; USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 157.202 Plans and documents for foreign tank vessels: Submission.
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The owner or operator of a foreign tank vessel under §150.10a(b), §157.10a(c)(2), or §157.10b(a)(2) who desires the letter from the Coast Guard under §157.204 accepting the plans submitted under this paragraph, and the owner or operator of a foreign tank vessel under §150.10c(c)(2) must submit to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593–0001—

(a) Plans that include:

(1) The dedicated clean ballast tank arrangement; and

(2) A drawing or diagram of the pumping and piping system for the dedicated clean ballast tanks; and

(b) Documentation from the authority that assigned the load line to the tank vessel that states that the location of the dedicated clean ballast tanks is acceptable to that authority.

[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by CGD 82–28, 50 FR 11629, Mar. 22, 1985; CGD 88–052, 53 FR 25122, July 1, 1988; CGD 96–026, 61 FR 33668, June 28, 1996]

§ 157.204 Letter of acceptance.
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The Coast Guard informs the submitter by letter that the plans submitted under §157.200 or the plans and documents submitted under §157.202 are accepted, if the plans submitted under §157.200 or the plans and documents submitted under §157.202 show that the dedicated clean ballast tank system meets this subpart.

§ 157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S. tank vessels: Submission.
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The owner or operator of a U.S. tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) must submit two copies of a manual that meets §157.224 to the Officer in Charge, Marine Inspection, of the zone in which the dedicated clean ballast tank system is installed or to the appropriate Coast Guard field technical office listed in §157.200(b).

(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control number 2115–0520)
[CGD 82–28, 50 FR 11629, and 11630, Mar. 22, 1985]

§ 157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign tank vessels: Submission.
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If the owner or operator of a foreign tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) desires a Coast Guard approved Dedicated Clean Ballast Tanks Operations Manual under §157.210, the owner or operator must submit two copies of a manual that meets §157.224 to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593–0001.

(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control number 2115–0520)
[CGD 82–28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by CGD 88–052, 53 FR 25122, July 1, 1988; CGD 96–026, 61 FR 33668, June 28, 1996]

§ 157.210 Approved Dedicated Clean Ballast Tanks Operations Manual.
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If the manuals submitted under §157.206 or §157.208 meet §157.224, the Coast Guard approves the manuals and forwards one of the approved manuals to the submitter.

§ 157.212 Dedicated Clean Ballast Tanks Operations Manual: Not approved.
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If the Dedicated Clean Ballast Tanks Operations Manual submitted under §157.206 or §157.208 is not approved, the Coast Guard forwards a letter to the submitter with the reasons why the manual was not approved.

§ 157.214 Required documents: U.S. tank vessels.
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The owner, operator, and master of a U.S. tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the vessel does not engage in a voyage unless the vessel has on board—

(a) The letter under §157.204 accepting the dedicated clean ballast tank system plans;

(b) The Coast Guard approved Dedicated Clean Ballast Tanks Operations Manual under §157.210; and

(c) Any amending letters issued under §157.218 approving alterations.

(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control number 2115–0520)
[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by CGD 82–28, 50 FR 11629, and 11630, Mar. 22, 1985]

§ 157.216 Required documents: Foreign tank vessels.
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(a) The owner, operator, and master of a foreign tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the vessel does not enter the navigable waters of the United States or transfer cargo at a port or place subject to the jurisdiction of the United States unless the vessel has on board—

(1) The Dedicated Clean Ballast Tank Operations Manual that—

(i) Is approved under §157.210; or

(ii) Is certified by the government of the vessel's flag state because it meets the manual standards in Resolution 14 of the MARPOL 73/78; and

(2) Either of the following:

(i) A letter from the government of the vessel's flag state that certifies that the vessel complies with Resolution 14 of the MARPOL 73/78.

(ii) The letter of acceptance under §157.204 and each amending letter issued under §157.218(c).

(b) On January 1, 1986, or 15 years after the date it was delivered to the original owner or 15 years after the completion of a major conversion, whichever is later, the owner, operator, and master of a foreign tank vessel under §157.10c(c)(2) shall ensure that the vessel does not enter the navigable waters of the United States or transfer cargo at a port or place subject to the jurisdiction of the United States unless the vessel has on board—

(1) The Dedicated Clean Ballast Tank Operations Manual that—

(i) Is approved under §157.210; or

(ii) Bears a certification by an authorized CS or the government of the vessel's flag state that the manual meets §157.224; and

(2) Either of the following:

(i) A letter from an authorized CS or the government of the vessel's flag state certifying the vessel complies with §§157.220 and 157.222, and any amending letters issued approviding alterations.

(ii) The letter of acceptance under §157.204 and each amending letter issued under §157.218.

(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control number 2115–0520)
[CGD 82–28, 50 FR 11629, and 11630, Mar. 22, 1985; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.218 Dedicated clean ballast tanks: Alterations.
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The dedicated clean ballast tanks or equipment on a tank vessel that has a letter issued under §157.204 may not be altered so that they no longer meet the plans accepted under that section unless:

(a) The owner or operator of that vessel submits plans that show the alterations to the Coast Guard official to which the plans were submitted under §157.200 or §157.202;

(b) The owner or operator of that vessel submits changes to the manual under §157.224 that show and describe the alterations to the Coast Guard official to which the manuals were submitted under §157.206 or §157.208; and

(c) The Coast Guard issues to the tank vessel an amending letter stating that the vessel, as altered, complies with this subpart.

Design and Equipment
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§ 157.220 Dedicated clean ballast tanks: Standards.
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(a) Cargo tanks that are designated as dedicated clean ballast tanks must allow the tank vessel to meet the draft and trim requirements under §§157.10a(d) and 157.10b(b).

(b) Each tank under paragraph (a) of this section must be:

(1) A wing tank; or

(2) Any other tank that is accepted by the Commandant.

[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by CGD 79–152, 45 FR 82250, Dec. 15, 1980]

§ 157.222 Pump and piping arrangements.
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(a) Dedicated clean ballast tanks must be connected to the least practicable:

(1) Number of pumps; and

(2) Amount of piping.

(b) Each piping system that is arranged to convey clean ballast and cargo must be designed to be flushed to the slop tank with water.

(c) The piping system of each dedicated clean ballast tank must be arranged so that oily water does not enter any dedicated clean ballast tank when the piping system is flushed.

(d) The piping system of each dedicated clean ballast tank must have at least two valves that isolate that tank from each cargo tank.

(e) The piping system of the dedicated clean ballast tanks must have a sample point that is located in a vertical section of discharge piping.

Note: An example of a sample point is shown in 46 CFR Figure 162.050–17(e).

§ 157.224 Dedicated Clean Ballast Tanks Operations Manual.
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Each Dedicated Clean Ballast Tanks Operations Manual must include the following information:

(a) The text of the Annex of Resolution 14 of the MARPOL 73/78.

(b) A description of the dedicated clean ballast tanks system.

(c) A procedure for dedicated clean ballast tanks operations.

Note: Appendix D is an example of such a procedure.

[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

Dedicated Clean Ballast Tanks Operations
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§ 157.225 Dedicated clean ballast tanks operations: General.
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The master of a tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that—

(a) Before clean ballast in any dedicated clean ballast tank is discharged or transferred, the pump and piping system for conveying the clean ballast are flushed with water;

(b) Before any dedicated clean ballast tank is ballasted, the pump and piping system for conveying the ballast are flushed with water;

(c) Before the pump and piping system of the dedicated clean ballast tanks are used for cargo transfer:

(1) If water in the dedicated clean ballast tanks is used for flushing the pump and piping system, the volume of water for flushing is equal to at least 10 times the volume of the piping to be flushed;

(2) The piping system is drained of fluid; and

(3) The valves under §157.222(d) are closed;

(d) Flushing water is pumped from a sea chest or a dedicated clean ballast tank through the pump and piping system of the dedicated clean ballast tanks and then to a slop tank;

(e) Clean ballast from each dedicated clean ballast tank is discharged in accordance with §157.43;

(f) When the pump and piping system are being flushed:

(1) The oil content of the flushing water in the piping system is monitored; and

(2) The pump and piping system are flushed until the oil content of the flushing water in the piping stabilizes; and

(g) If any pump or piping system that is flushed to meet paragraph (f) of this section is used to convey cargo during an emergency, that pump or piping system is flushed again to meet paragraph (f) of this section before being used to convey clean ballast.

[CGD 77–058b, 45 FR 43714, June 30, 1980, as amended by CGD 82–28, 50 FR 11629, Mar. 22, 1985]

§ 157.226 Dedicated Clean Ballast Tanks Operations Manual: Procedures to be followed.
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The master of a foreign tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) that has the Dedicated Clean Ballast Tanks Operations Manual approved under §157.210 and is operating in the navigable waters of the United States or transferring cargo at a port or place subject to the jurisdiction of the United States and the master of a U.S. tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a), or §157.10c(c)(1) shall ensure that the procedure listed in the Dedicated Clean Ballast Tanks Operations Manual are followed.

[CGD 82–28, 50 FR 11629, Mar. 22, 1985]

§ 157.228 Isolating Valves: Closed during a voyage.
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(a) The master of each U.S. tank vessel under §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the valves under §157.222(d) remain closed during each voyage.

(b) The master of each foreign tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the valves under §157.222(d) remain closed when the vessel is on a voyage in the navigable waters of the United States.

[CGD 82–28, 50 FR 11629, Mar. 22, 1985]

Subpart F—Exemption From §157.10a or §157.10c
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Source: CGD 79–126, 46 FR 3513, Jan. 15, 1981, unless otherwise noted.

§ 157.300 Qualifications for exemptions under this part.
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(a) Each vessel under §157.10a or §157.10c of this part may qualify for an exemption from the requirements of §157.10a or §157.10c of this part if—

(1) The vessel loads and discharges cargo only at ports or places within the United States, its territories, or its possessions; and

(2) The application for exemption meets §157.302.

(b) Except where the owner can show good cause, a vessel is not granted an exemption under this subpart if a previous exemption for the vessel has been revoked by the Coast Guard under §157.308(a)(1) or §157.308 (a)(2).

[CGD 79–126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82–28, 50 FR 11630, Mar. 22, 1985]

§ 157.302 Applying for an exemption or requesting modification of an exemption.
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(a) Each application for an exemption or modification must be in writing and submitted to the Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593–0001.

(b) Each application for exemption must include the following: (1) The name and official number of the vessel for which the exemption is requested.

(2) A list of each port or place where the vessel would load cargo.

(3) The name, address, and telephone number for each shore-based reception facility at each port listed under paragraph (b)(2) of this section where the vessel would discharge its ballast water and oil cargo residues, including:

(i) The name or title of the person at each facility who should be contacted for information concerning the operation of the reception facility; and

(ii) A statement from the facility owner disclosing whether or not, based on current operating conditions, the facility has the capability of processing the anticipated volume and type of discharges from the vessel without adversely affecting the service of the facility to current users.

(4) The number of the permit under the National Pollutant Discharge Elimination System (NPDES permit) issued to each listed shore-based reception facility.

(5) A list of each type of oil cargo that the vessel would load.

(6) A description of the method by which the vessel would discharge ballast water and oil cargo residues to each listed shore based reception facility.

(c) Each request for modification to an exemption must include the following:

(1) The name and official number of the vessel for which the modification to the exemption is requested.

(2) The reason for requesting modification of the exemption.

(3) Any additional information which is pertinent to the modification.

[CGD 79–126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82–28, 50 FR 11630, Mar. 22, 1985; CGD 88–052, 53 FR 25122, July 1, 1988; CGD 96–026, 61 FR 33668, June 28, 1996; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.304 Shore-based reception facility: standards.
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No shore-based reception facility may be listed to meet §157.302(b)(3) unless that reception facility has:

(a) A valid NPDES permit which allows it to process the ballast water and oil cargo residues of the vessel for which the exemption is being requested; and

(b) The capacity to receive and store a volume of dirty ballast water equivalent to 30 percent of the deadweight, less the segregated ballast volume, of the vessel for which the exemption is being requested.

[CGD 79–126, 46 FR 3513, Jan. 15, 1981, as amended by USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.306 Granting, denying, or modifying an exemption.
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(a) The Assistant Commandant for Marine Safety, Security and Environmental Protection issues a written decision concerning the grant or denial of each exemption or modification requested under §157.302.

(b) If the exemption or request for modification is denied, the decision under paragraph (a) of this section includes the reasons for the denial.

(c) Any person directly affected by, and not satisfied with, a decision made under paragraph (a) of this section may appeal that decision, in writing, to the Commandant (G-MOC), U.S Coast Guard, Washington, DC 20593–0001. The appeal may contain any supporting documentation or evidence that the appellant wishes to have considered.

(d) The Commandant, U.S. Coast Guard issues a ruling after reviewing the appeal submitted under paragraph (c) of this section. This ruling is final agency action.

[CGD 79–126,46 FR 3513, Jan. 15, 1981, 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; USCG–2002–12471, 67 FR 41333, June 18, 2002]

§ 157.308 Revocation of exemption: procedure and appeals.
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(a) The Officer in Charge, Marine Inspection may consider the revocation of the exemption granted under this subpart when:

(1) Requested by the vessel's owner;

(2) There is evidence that the vessel's owner, operator, or master has failed to comply with the requirements of this subpart; or

(3) There have been changes to the NPDES permit of a reception facility listed to meet §157.304(b)(3) that would adversely affect the ability of that facility to process the vessel's discharges.

(b) The Officer in Charge, Marine Inspection, of the zone in which an occurrence under paragraph (a)(2) or (a)(3) of this section takes place notifies the owner, operator, and master of the exempted vessel of the specific reasons for considering the revocation of the exemption.

(c) Evidence or arguments for the retention of the exemption that are submitted to the Officer in Charge, Marine Inspection within thirty days of receipt of the notice under paragraph (b) of this section will be considered before a ruling is made.

(d) If the owner is not satisfied with the ruling made under this section by the Officer in Charge, Marine Inspection, that ruling may be appealed under the procedure in §157.06 of this part.

§ 157.310 Exempted vessels: operations.
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The owner, operator, and master of each vessel that has been granted an exemption under this subpart must ensure that:

(a) The vessel trades only between ports or places within the United States, its territories or possessions;

(b) The vessel loads cargo only at ports or places listed in the exemption;

(c) Except as allowed under §157.41 (a) and (b) of this part, any ballast water, except segregated ballast discharged in accordance with §157.43(b) of this part, and any tank washing or oil cargo residues are:

(1) Retained on board; or

(2) Transferred to a shore-based reception facility that is listed in the application for exemption, or in the case of an emergency or a shipyard entry, an alternative acceptable to the cognizant Officer in Charge, Marine Inspection;

(d) The vessel loads only those cargoes listed in the exemption; and

(e) The letter under §157.306 that grants the exemption is on board the vessel; or

(f) The certificate of inspection bearing the following endorsement is on board the vessel:

Exempted under 33 CFR 157.306 from the requirements of (33 CFR 157.10a or 157.10c, whichever is appropriate, will be inserted). This vessel may not discharge cargo in any foreign port, nor may it load cargo in a port other than the following: (a list of ports contained in the application that is accepted by the Coast Guard for the exempted vessel will be inserted here).

[CGD 79–126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82–28, 50 FR 11630, Mar. 22, 1985; USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

Subpart G—Interim Measures for Certain Tank Vessels Without Double Hulls Carrying Petroleum Oils
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Source: CGD 91–045, 59 FR 40188, Aug. 5, 1994, unless otherwise noted.

§ 157.400 Purpose and applicability.
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(a) The purpose of this subpart is to establish mandatory safety and operational requirements to reduce environmental damage resulting from petroleum oil spills.

(b) This subpart applies to each tank vessel specified in §157.01 of this part that—

(1) Is 5,000 gross tons or more;

(2) Carries petroleum oil in bulk as cargo or oil cargo residue; and

(3) Is not equipped with a double hull meeting §157.10d of this part, or an equivalent to the requirements of §157.10d, but required to be equipped with a double hull at a date set forth in 46 U.S.C. 3703a (b)(3) and (c)(3).

[CGD 91–045, 61 FR 39788, July 30, 1996, as amended by USCG–2000–7641, 66 FR 55573, Nov. 2, 2001]

§ 157.410 Emergency lightering requirements for oil tankers.
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Each oil tanker, to which this subpart applies, shall carry the equipment listed in paragraphs (a), (b), and (c) of this section. This equipment shall be located on the main deck, in the cargo control room, in the pump room, or in the forecastle locker. This equipment must be protected from the weather and must be stored in one separate and marked location which is as convenient to the cargo manifold, as is practicable.

(a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow at least two simultaneous transfer connections to be made from the vessel's cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-inch), and 25-centimeter (10-inch) cargo hoses. All reducers must be permanently marked with sizes.

(b) One extra set of adapters, bolts, washers, nuts, and gaskets per reducer set must be carried as spares.

(c) Reducers, bolts, and gaskets must meet the requirements of 46 CFR 56.25. Cast iron and malleable iron must not be used.

[CGD 91–045, 59 FR 40188, Aug. 5, 1994, as amended by CGD 91–045, 61 FR 39789, July 30, 1996; USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 157.415 Bridge resource management policy and procedures.
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(a) Not later than February 1, 1997, a tankship owner or operator shall provide written policy and procedures to masters and officers in charge of the navigational watch concerning the need for continuously reassessing how bridge-watch resources are being allocated and used, based on bridge resource management principles. This written policy and procedures must include vessel and crew specific examples that address the following:

(1) The number of qualified individuals that should be on watch to ensure that all duties can be performed effectively.

(2) The appropriate qualifications of all members of the navigational watch, the importance of confirming that all members of the watch are fit for duty, and the need to ensure that all members of the navigational watch are not impaired by fatigue.

(3) The need to take into account any known limitation in qualifications or fitness of individuals when making navigational and operational decisions.

(4) The need to be clear and unambiguous in assigning duties and the need to establish that the individual understands his or her responsibilities.

(5) The need to perform tasks in a clear order of priority and to adjust the priority of tasks as circumstances may require.

(6) The importance of assigning and reassigning members of the watch to locations where they can perform their duties most effectively.

(7) Conditions that warrant task reassignment among members of the watch.

(8) The instruments and equipment necessary for the effective performance of each task and appropriate actions if the instruments and equipment are not available or not functioning properly.

(9) The need for, and examples of, clear, immediate, reliable, and relevant communication among members of the navigational watch.

(10) The action to be taken to suppress, remove, and avoid nonessential activity and distractions on the bridge.

(11) The importance of collecting, processing, and interpreting all essential information and making it conveniently available to other members of the navigational watch and the pilot, as necessary to perform their duties.

(12) The need to ensure that nonessential materials are not placed on the bridge.

(13) The need to ensure that members of the navigational watch are prepared to respond at all times efficiently and effectively to changes in circumstances.

(b) Beginning not later than February 1, 1997, a tank barge owner or operator shall not permit the barge to be towed unless those individuals assigned to duties that are similar to the duties of the officer in charge of a navigational watch on the primary towing vessel have been provided written bridge resource management policy and procedures as specified in paragraph (a) of this section.

[CGD 91–045, 61 FR 39789, July 30, 1996]

§ 157.420 Vessel specific watch policy and procedures.
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(a) Not later than February 1, 1997, the owner or operator of a tankship shall provide written policy and procedures to masters concerning the need for each individual who is newly employed on board the vessel to have a reasonable opportunity to become familiar with the shipboard equipment, operating procedures, and other arrangements needed for the proper performance of their duties, before being assigned to such duties. This written policy and procedures shall be followed by the master and shall include the following:

(1) Allocation of a reasonable and appropriate time period for each newly employed individual to allow him or her the opportunity to become acquainted with the following:

(i) The specific equipment the individual will be using or operating; and

(ii) The vessel specific watchkeeping, safety, environmental protection, and emergency procedures and arrangements the individual needs to know to perform the assigned duties properly.

(2) Designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed individual to receive essential information in a language the individual understands.

(b) Beginning not later than February 1, 1997, a tank barge owner or operator shall not permit the barge to be towed unless those individuals assigned to duties as master or operator on the primary towing vessel have been provided written policy and procedures as specified in paragraph (a) of this section.

[CGD 91–045, 61 FR 39789, July 30, 1996]

§ 157.430 Enhanced survey requirements.
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Beginning at each tank vessel's next regularly scheduled drydock examination and continuing as required under 46 CFR part 31, or, for each foreign flagged tank vessel, beginning at the next drydock and continuing as required under the foreign vessel's flag administration, a tank vessel owner or operator shall—

(a) Implement an enhanced survey program that complies with the standards of IMO Resolution A.744(18), Annex B sections 1.1.3–1.1.4, 1.2–1.3, 2.1, 2.3–2.6, 3–8, and Annexes 1–10 with appendices;

(b) Implement a vessel specific survey program that provides a level of protection equivalent to the requirements in paragraph (a)(1) of this section and is approved by the Commandant (G-MOC). A written request for program equivalency under this paragraph must be submitted to the Commandant (G-MOC); or (continued)