Waterfront Facilities Handling Liquefied Hazardous Gas

SUMMARY: The Coast Guard is amending its regulations for waterfront

facilities capable of transferring liquefied hazardous gas, or ``LHG'',

in bulk, to or from vessels. The transfer of LHG prevents hazards

similar to those from the transfer of liquefied natural gas, or

``LNG'', yet facilities capable of transferring LNG in bulk are subject

to much more stringent requirements. The amended regulations will

strengthen the requirements for the transfer of LHG and move those

requirements from part 126 to part 127.

DATES: This rule is effective on January 30, 1996. The Director of the

Federal Register approves as of January 30, 1996 the incorporation by

reference of certain publications listed in this rule.

ADDRESSES: Unless otherwise indicated, documents referred to in this

preamble are available for inspection or copying at the office of the

Executive Secretary, Marine Safety Council (G-LRA, 3406) [CGD 88-049],

U.S. Coast Guard Headquarters, 2100 Second Street SW., Room 3406,

Washington, DC 20593-0001 between 8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The telephone number is (202) 267-

1477.

FOR FURTHER INFORMATION CONTACT:

Mr. Gary W. Chappell, Port Safety and Security Division (G-MPS-3), by

telephone (202) 267-0491 or fax (202) 267-0506.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Mr.

Gary W. Chappell, Project Manager, and Mr. Patrick J. Murray, Project

Counsel, Office of Chief Counsel.

Regulatory History

On October 5, 1993, the Coast Guard published a notice of proposed

rulemaking entitled ``Waterfront Facilities Handling Liquefied

Hazardous Gas'' in the Federal Register (58 FR 51906). The Coast Guard

received 26 Letters commenting on the proposal. No public meeting was

requested, and none was held.

Background and Purpose

The Coast Guard has determined that it needs to regulate transfers

of LHG, in bulk, to and from vessels at waterfront facilities. Data

collected over the last 10 years on deaths, injuries, and property

damage resulting from accidents during these transfers indicate that

restrictions on equipment and on operating procedures will prevent and

mitigate damage and personal injuries. Although the transfer of LHG

falls under the existing requirements in 33 CFR part 126, the available

data indicate that these requirements are not adequate. LHG presents

hazards similar to those of LNG, when transferred in bulk, yet

facilities that transfer LNG fall under much stricter regulatory

requirements than those that transfer LHG. The Coast Guard is

establishing new regulations for waterfront facilities handling LHG in

33 CFR part 127 that expand upon the regulations in part 126 and

include requirements similar to those for LNG facilities already in

part 127.

This rule is being implemented under the authority of the Ports and

Waterways Safety Act (PWSA), as amended (33 U.S.C. 1221 et seq.) There,

Congress declared that the safety of vessels and protection of the

marine environment are matters of major national concern and that

increased supervision of activities in ports is necessary. The PWSA

authorized the Secretary of Transportation to take whatever measures

are necessary to protect structures or areas of land in or adjacent to

the navigable waters of the United States, including measures for the

loading, movement, unloading, storage, and other handling of hazardous

materials on waterfront facilities. The Coast Guard maintains that the

hazards presented by these materials justify the measures in this rule

for the handling of LHG.

Discussion of the Comments on and Changes to the NPRM

The Coast Guard received 26 letters commenting on the notice of

proposed rulemaking (NPRM) entitled ``Waterfront Facilities Handling

Liquefied Hazardous Gas'' published in the Federal Register on October

5, 1993. It considered those comments in developing this final rule.

1. Two comments stated that the regulations duplicate the

requirements of both the Occupational Safety and Health Administration

(OSHA) and the Environmental Protection Agency (EPA). The comments

suggested that the Coast Guard work with these two agencies to avoid

duplicative requirements and, thereby, reduce the regulatory burden on

the industry. The Coast Guard concurs in part. So far as OSHA, EPA, or

other agencies of the Federal government have established similar

requirements, this rule permits the use of documents, procedures, or

training established under those requirements to satisfy requirements

of the Coast Guard. For example, this rule allows the substitution of

requirements of OSHA (29 CFR 1910.120) and EPA (40 CFR 311.1), on

training in hazardous-waste operations and emergency response, to meet

the requirements in Sec. 127.1302, so far as such training addresses

these requirements.

Representatives of the Coast Guard and OSHA met to resolve

potential duplicate requirements, however, and found that they do not

exist to the extent suggested by the commenters. Under 29 CFR

1910.5(b), the requirements in 29 CFR part 1910 do not apply within the

``marine transfer area for LHG'' because the Coast Guard has elected to

regulate this area. Requirements of OSHA do apply where the Coast Guard

has not established comparable requirements within the marine transfer

area. In spite of attempts to harmonize these requirements with those

of other agencies, some differences persist because these address the

hazards of operations on waterfront facilities transferring LHG in bulk

more specifically than do the general standards for industry at large

developed by OSHA and EPA. But these are matters of particularity, not

outright conflict.

2. Coast Guard regulatory standards now require the primary weights

and measures to be specified in metric units. Therefore, though no

comment raised this issue, this rule specifies all weights and measures

in metric units followed by English equivalents. The conversions of

weights and measures ensure that equipment or procedures complying with

the English values in the NPRM will also comply with the metric values

in this rule. So the conversions should have no impact on compliance

with this rule.

3. One comment recommended that the most current edition of the

materials incorporated by reference be cited in this rule. The Coast

Guard concurs, since the most current edition represents the latest

thought and since it is difficult for industry to obtain copies of

outdated standards anyway. Section 127.003 of this rule reflects the

latest edition of each publication. Because the NPRM cited what are

still the latest editions of (1) ANSI S12.13,

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Part 1, Performance Requirements, Combustible Gas Detectors, (2) API RP

2003, Protection Against Ignitions Arising Out of Static, Lighting and

Stray Currents, and (3) ASTM F-1121, International Shore Connections

for Marine Applications, this rule cites the same editions. Because

ANSI B16.5, Pipe Flanges and Flanged Fittings, has subsumed its

standard, ANSI B16.31, Non-Ferrous Pipe Flanges, has dropped from the

list of material incorporated by reference.

The Coast Guard compared the older editions of the standards listed

in the NPRM that apply to LHG with the latest editions listed in this

rule and found no significant changes between them. It did the same

with editions that apply to LNG facilities and likewise found no

significant changes between them. Consequently, the updating of

standards incorporated by reference will have no impact on existing LNG

facilities.

4. Three comments asked that existing LHG facilities be

grandfathered out of the standards incorporated by reference in

Sec. 127.003. The Coast Guard does not concur. These standards are

widely accepted and used by industry. They are minimal. To accept less

would not achieve the desired level of safety. However, the COTPs may

approve alternatives for existing facilities built to different

standards if the alternatives yield an equivalent level of safety.

5. Seven comments sought clarification of the definition of the

``marine transfer area for LHG'' in Sec. 127.005. The Coast Guard

believes that it has adequately defined this area. The area encompasses

the pier or wharf in its entirety, including the cargo manifold, as

well as that part of piping cargo and vapor inland from the pier to the

first shutoff valve. Here, ``inland'' refers to the direction along the

piping away from the vessel. Some of the confusion on this issue

resulted from a misprint in the NPRM that replaced ``LNG'' with ``LHG''

in the definition of ``Marine Transfer Area for LNG''. This error has

been corrected in this rule. Any facility operator uncertain where the

area ends should reach a written understanding with the COTP on where

the COTP will enforce this rule.

6. Three comments stated that it would be difficult to provide

specific vessel-arrival and cargo data in the ``Letter of Intent,'' as

required by Sec. 127.007(d)(5). The comments asserted that LHG

facilities rarely know in advance the type of vessel or frequency of

arrivals. Section 127.007(d)(5) does not require facilities to list

specific vessel-arrival or cargo data. The purpose of the ``Letter of

Intent'' is to give the COTP general notice of both the type and

estimated number of LHG vessels that may call at the facility and the

size of shipments. This information can easily be obtained from the

facility-design specifications.

7. Two comments requested a 60-day phase-in period to allow time to

prepare the letter of intent required under Sec. 127.007 and a 6-month

phase-in period to allow time to prepare the manuals required under

Sec. 127.019. The effective date of this rule will occur 180 days after

publication of this rule in the Federal Register. This delay should

provide enough time to comply with the requirements of this rule,

including submitting, and if necessary amending, the letter of intent

and all manuals.

8. Four comments requested clarification of the length of cargo

piping that must be cleared of LHG before a vessel may disconnect.

According to the comments, Sec. 127.1101(c) requires the entire length

of the piping from the dock to the storage tank to be cleared of LHG.

This length of piping can run several hundred feet and take up to four

hours to clear, with no significant improvement in safety. Section

127.1101(c) states that hoses and loading arms must be cleared. It does

not refer to the piping. This rule does not require any part of the

piping to be cleared of LHG before the disconnecting of the vessel.

9. Two comments alleged a conflict between Secs. 127.1101 and

127.1321. Section 127.1101(c) requires bleeds and vents to allow LHG or

its vapor to discharge to a safe area, while Sec. 127.1321 bans the

intentional release of LHG into the environment. This rule defines

``release,'' in Sec. 127.005, to clarify this term. It allows a minor

release of LHG or its vapor under certain conditions. But it in no way

authorizes releases prohibited by other law. Section 127.110(c)

clarifies the term ``safe area'' by adding the phrase ``such as a tank

or flare'' to the end of the last sentence.

10. Two comments recommended limiting the applicability of

Sec. 127.1102(a) to ``each hose used in the marine transfer of LHG or

its vapors.'' These requirements are to govern hoses used to transfer

LHG or its vapors to or from vessels within the marine transfer area.

In some cases hoses not used for the transfer of LHG or its vapors to

or from vessels may be in the area, or hoses used for it may be outside

the area. To clarify this point this rule revises Sec. 127.1102(a).

11. Three comments asked that continuously manned docks be

acceptable as a substitute for alarms on loading arms under

Sec. 127.1102(b)(4). While an alarm is the preferred method of alerting

personnel that the loading arm is approaching the limits of its

extension, personnel carefully watching the arm's extension can perform

it, too. This rule amends Sec. 127.1102(b)(4) to allow a personnel

watch to substitute for an alarm if the operations manual establishes

such a watch.

12. Two comments requested clarification of the term ``new

construction'' in Sec. 127.1103(a). The term ``new'' is defined in

Sec. 127.005. The term ``new construction'' means any piers, wharves,

buildings, or pipelines constructed after the effective date of this

rule. It also covers replacement of any existing piers, wharves,

buildings, or pipelines. But it does not cover minor repairs or repairs

made in kind to these.

Similarly, this rule modifies Sec. 127.1105 to clarify that it

applies only to new waterfront facilities handling LHG, and to all new

construction in the marine transfer area for LHG of existing

facilities. An introductory text, new paragraph (a) of Sec. 127.1105,

clarifies this point.

13. Five comments requested clarification of the requirements in

Sec. 127.1103. They wanted to know whether the substructure at an

existing LHG facility has to comply with the fire-endurance

requirements. Because industry standards generally grandfather existing

construction, Sec. 127.1103(b) is intended to apply only to new

facilities and new construction as defined in Sec. 127.005. To clarify

this point, this rule revises Sec. 127.1103(b) to read: ``Each

substructure on a new waterfront facility handling LHG, and all new

construction in the marine transfer area for LHG of each existing

facility, * * *.''

14. One comment sought amendment of Sec. 127.1107 to allow the use

of equipment approved by organizations other than Underwriters

Laboratories, Inc., and Factory Mutual Research Corporation, which are

the only organizations whose approval NFPA 70 recognizes. While the

Coast Guard has reserved the authority to allow approvals by other

organizations acceptable to the Commandant in regulating vessels, it

will not reserve as much in regulating waterfront facilities. Unlike

vessels, waterfront facilities are subject to State and local

authorities, who generally apply NFPA standards. If the Coast Guard

applied standards different from those applied by State and local

authorities, facility operators would have a harder time determining

what equipment they could use. Consequently, Sec. 127.1107 remains

unchanged. Requests to recognize

[[Page 39790]]

approvals by other organizations should go to the appropriate NFPA

committee.

15. Two comments requested clarification of Sec. 127.1109 to

indicate what surface would be the reference point for measuring

illumination and where the requirement of 11-lux illumination applies.

This rule revises Sec. 127.1109 to indicate that illumination should be

measured 1 meter (3.3 feet) above the walking surface and that the

requirement of 11-lux illumination applies to the ``remainder of the

marine transfer area for LHG''.

16. Two comments asked that Sec. 127.1203 allow the use of fixed

gas-detectors. The Coast Guard concurs, and Sec. 127.1203 of this rule

allows the use of fixed as well as portable gas-detectors.

17. Four comments recommended that Sec. 127.1203(b) exempt

facilities handling anhydrous ammonia from its requirement of gas-

detectors. The comments asserted that anhydrous ammonia is detectable

by smell at 1-2 parts per million (ppm) and is very offensive at 15-20

ppm, both amounts falling well below the Permissible Exposure Limit

(PEL) of OSHA. Smell can indeed determine the presence of ammonia,

although it cannot determine the concentration. That section does

exempt facilities that handle anhydrous ammonia from its requirement of

gas detectors. However, such facilities must assume that the PEL of

OSHA had been exceeded whenever smell determines the presence of

ammonia, unless a gas-detector determines a lower concentration.

18. One comment suggested that gas-detectors are of little value

because products such as butane, propane, and propylene quickly

evaporate when released. The Coast Guard does not concur. Although LHGs

quickly evaporate when exposed to atmospheric temperature and pressure,

many LHG vapors are heavier than air. Their vapors may remain at ground

level, possibly in explosive concentrations, or may accumulate in sumps

or nearby buildings, possible presenting hazardous conditions.

19. Six comments requested clarification of whether pumps or

compressors not used in the transfer of LHG from a vessel to the

facility or vice versa--for example, those used in the transfer of LHG

to rail cars--are subject to the emergency-shutdown requirements in

Sec. 127.1205(c). The comments contend that for safety reasons

facilities must be free to transfer LHG within the facility. Section

127.1205(c) applies only to those pumps and compressors that transfer

LHG, or its vapors, to or from the vessel. It does not apply to other

pumps or compressors within the facility. This rule now indicates that,

when activated, the actuator must automatically shut down ``any

terminal pumps or compressors used to transfer LHG, or its vapors, to

or from the vessel.''

20. Eight comments recommended that the warning alarm proposed by

Sec. 127.1207 consist in either a light or a siren, not in both. The

alarm required by this rule, like that proposed, consists in both a

light capable of being seen, and a siren capable of being heard, at one

mile. Three stated that the audibility of a siren may be diminished by

engine-room noise aboard approaching vessels. Two stated that the

visibility of a light may be limited by hilly terrain, river bends, and

other obstructions. One stated that the alarm would cause confusion

because without prior notice the public would not understand its

significance.

The purpose of the alarms is to warn both persons at the facility

and the general public, including passing marine traffic, of a hazard

at the facility. The Coast Guard believes that the prescribed alarms,

together, are the best means to warn everyone intended. It agrees that

under certain circumstances one of the alarms may not be effective, but

believes that this fact further validates the need for both alarms,

rather than for either. A facility can always ask the COTP for approval

of an alternative arrangement under Sec. 127.017. Although alarms are

more effective if a community knows what to expect, the Coast Guard

believes that the facility operator should determine how to educate the

community. Therefore, it has kept Sec. 127.1207 as it proposed it.

21. Seven comments suggested that no facility handling toxic LHGs

be responsible for providing respiratory protection under Sec. 127.1209

to personnel other than its own (personnel servicing, delivering to, or

belonging to the vessel, or servicing or delivering to the facility)

who may have reason to be in the marine transfer area. A facility may

not always know who these personnel are or how many of them would be in

the area at any given time. One comment recommended that the

respiratory protection be required only during transfers. the Coast

Guard agrees that it may be difficult and impracticable for a facility

to provide a sufficient number of respirators for everyone who may pass

through the area. Accordingly, Sec. 127.1209 requires facility

operators to provide respiratory protection only for their employees

since only those employees are likely to be in the area for any

significant amount of time during transfers. That section also

clarifies that the respiratory protection needs to be provided only

during transfers.

22. Five comments recommended that the Coast Guard delete certain

training requirements in Sec. 127.1302 when a facility has fire or

medical department of the facility or when such services are readily

available from local governmental agencies. The Coast Guard does not

concur. In many emergencies, properly trained transfer personnel will

be the most effective resource to take immediate corrective action and

thereby prevent minor incidents from becoming catastrophes. In some,

even fire and medical departments located on the facility, but away

from the marine transfer area, may not be able to arrive on scene in

time. In others, it may be more effective for the facility to evacuate

its transfer personnel and allow others to respond. In any event,

properly trained transfer personnel afford the facility greater

flexibility in determining how to respond.

To avoid unnecessary duplication, Sec. 127.1302(d) accepts training

performed to meet requirements of OSHA (29 CFR 1910.120) and EPA (40

CFR 311.1) on hazardous-waste operations and emergency response, to the

extent that this training addresses the subjects in Sec. 127.1302(a).

23. Two comments recommended that training in the ``configuration

and limitations of LHG vessel cargo systems'', required by proposed

Sec. 127.1302(a)(7), be deleted. The comments stated that it is

difficult for a facility to forecast the types of LHG vessels that will

arrive at the terminal. Moreover, personnel of a facility do not board

the vessels. This requirement does not mandate training in cargo

systems of specific LHG vessels. Rather, it requires transfer personnel

to be knowledgeable in the ``configuration and limitations'' of cargo

systems of LHG vessels that may call at the facility. This knowledge is

necessary so that these personnel understand the impact that their acts

can have upon the vessel. Although changed editorially and renumbered

as Sec. 127.1302(a)(6), proposed Sec. 127.1302(a)(7) remains unchanged

in substance.

24. Four comments recommended that the requirements in

Sec. 127.1311 on movement and control of vehicles not apply to an LHG

facility that handles only toxic cargoes since these cargoes do not

present a fire hazard. One comment stated that this requirement would

leave a large part of the facility inaccessible to vehicular traffic

with no appreciable increase in safety.

The Coast Guard does not concur. Approaches to the marine transfer

area, as much as the area itself, must stay

[[Page 39791]]

clear of vehicles to allow adequate escape routes and allow access for

emergency vehicles in cases of injury as well as fire. Even if the LHG

is not flammable, the pier, its equipment, or the vessel can catch fire

and necessitate this access. Furthermore, similar requirements in 33

CFR part 126 already apply to existing LHG facilities. However, for

consistency with the requirements for LHG facilities, the distance from

storage containers, manifolds, loading arms, or independent mating

flanges containing a flammable liquid or vapor has dropped from 30 to

15 meters.

25. Two comments suggested that Sec. 127.1313 not apply to

facilities that handle toxic LHGs. The Coast Guard does not concur. It

is essential that the amount of hazardous material stored in the marine

transfer area be restricted, to limit the risk of catastrophe. This

material may still be stored nearby, outside the area.

26. Two comments stated that Sec. 127.1313 prohibits the storage of

fuel oil for such equipment as an emergency generator. The Coast Guard

does not intend to preclude facilities from storing reasonable amounts

of fuel oil for such equipment. Accordingly, Sec. 127.1313(a)(2) of

this rule allows facilities to store, in the marine transfer area, fuel

``required by * * * emergency equipment'' in the area. The term

``required by'' should limit the amount of fuel stored to the amount

necessary in an emergency.

27. Four comments recommended that the Coast Guard delete the

requirements in Sec. 127.1315(i) for tests of the emergency shutdown

and of the warning alarm before each transfer. The comments asserted

that these tests would disrupt facilities with frequent transfers and

that repeated tests of the alarm might cause a local community to

disregard it altogether. One comment recommended tests of these items

every month, two recommended tests of them every two months, and one

recommended tests of them every year. The Coast Guard concurs that

tests before each transfer would be an excessive burden for some

facilities. OSHA (29 CFR 1910.165(d)(2)) requires tests every two

months. For the emergency shutdown, tests every two months should be

adequate. But, for the warning alarms required under this rule, which

can upset a local community, tests every six months would be more

appropriate. These tests could be easier to conduct in conjunction with

a community-education campaign to increase awareness of their meaning.

Sections 127.1315(i) (3) and (4) have been deleted from the final rule.

Sections 127.1407 (e) and (f), requiring tests of the emergency

shutdown every two months and of the warning alarm every six months,

have been added to the final rule. If transfers of LHG occur less often

than the designated intervals, these tests may be conducted before each

transfer instead of at the designated interval.

28. Nine comments stated that the requirement in Sec. 127.1319(a),

that the facility notify the COTP 24 hours before a transfer of LHG, is

unrealistic and perhaps unattainable because a facility rarely knows

that far in advance the time a vessel will arrive. Frequent changes in

the time, due to weather, tides, schedule changes, or other operational

constraints, do occur. Two comments suggested that the COTP and the

facility should agree on how far in advance the facility should notify

the COTP. Three comments recommended a requirement that the facility

notify the COTP 4 hours before a transfer. The purpose of any such

requirement is to notify the Coast Guard of transfers early enough that

its personnel can periodically witness the transfers. Otherwise, the

Coast Guard cannot effectively enforce its rules. 33 CFR 126.27 now

requires ``prior notification'' without specifying the amount. The

Coast Guard believes that reducing the notice from 24 to 4 hours is

reasonable and has modified Sec. 127.1319(a) of this rule accordingly.

(The Coast Guard nonetheless encourages facilities to give as much

notice as they can so the Coast Guard can deploy its resources as

efficiently as it can.)

29. Three comments complained that Sec. 127.1319 does not clearly

indicate whether the person in charge (PIC) may supervise more than one

transfer at one time. Section 127.1319(b)(1) insists that the PIC have

``no other assigned duties during the transfer.'' Supervising an

additional transfer would constitute having another assigned duty.

Generally, it is not safe for a single PIC to supervise more than one

transfer at one time. However, supervising multiple transfers may be

safe because of other trained personnel involved in the transfers or it

may become necessary because of an emergency. To clarify this issue, a

new Sec. 127.1319(b)(2) indicates that the PIC may not supervise

transfers to or from more than one vessel at a time unless authorized

by the COTP. Proposed paragraphs (2) and (3) have become (3) and (4)

respectively.

30. One comment was concerned that Sec. 127.1319(c)(3)(i) requires

a facility to discontinue the transfer of LHG that is not flammable

when an electrical storm approaches. Another was concerned that

Sec. 127.1319(c)(3)(ii) requires the facility to discontinue the

transfer in cases of routine operational releases. The Coast Guard

concurs and has amended Sec. 127.1319(c)(3) to clarify both issues.

31. One comment stated that the rule does not clearly require cargo

hoses and loading arms to be drained and depressurized before being

disconnected from a vessel. Section 127.1101 requires ``an isolation

valve with a bleed connection, such that transfer hoses and loading

arms can be blocked off, drained or pumped out, and depressurized

before disconnecting''; however, nothing requires any act. To clarify

this point a new Sec. 127.1319(d) requires that hoses and loading arms

be drained and depressurized before being disconnected from a vessel.

(Two major casualties on waterfront facilities resulted from not

carrying out this procedure.)

32. Twelve comments asked that the Coast Guard define ``release''

as used in Sec. 127.1321. The NPRM would have required that, upon

``release'' of LHG or its vapor, a facility stop the transfer, notify

the COTP, and not resume the transfer until authorized by the COTP.

Because it specified no amount of ``release'', it would have required

these measures even if the amount would not cause harm to human health

or the environment. The commenters expressed concern that, as a rule,

it would disrupt operations for minor releases that typically accompany

connections and disconnections of hoses, tank gauging, sampling, and

other routine operations. For example, it could prohibit the use of

slip tubes (devices for gauging) because using a slip tube releases

minor amounts of vapor.

The Coast Guard agrees that a definition of ``release'' is

necessary to determine when a transfer should stop. The Coast Guard has

never intended to prohibit minor, routine releases unless they cause

harm to human health or the environment. It has defined ``release'' in

Sec. 127.005 of this rule to clarify for which releases the transfers

must stop and be reported to the COTP. For the purposes of this part a

``release'' is any spilling, leaking, pumping, pouring, emitting,

emptying, discharging, injecting, escaping, leaching, dumping, or

disposing into the environment, except a minor release of LHG, or its

vapor, that may occur during the routine handling of LHG. No release is

minor if it creates an atmosphere that exceeds the Lower Flammable

Limit (LFL) for a flammable product or any PEL listed in 29 CFR part

1910.1000, Table Z-1 or Z-2, for a toxic product. This definition of

``release'' is similar to that of

[[Page 39792]]

``discharge'' in the National Response Plan (40 CFR 300.5) except that

it also looks to flammability and exposure. Flammability and exposure

make sense as criteria because releases of some LHGs will meet them

long before the releases amount to a ``reportable quantity'' under 40

CFR part 302, and it is difficult to verify the size of a release of

liquefied gas after it vaporizes.

To further reduce the potential for frequent activation of the

warning alarms, Sec. 127.1321(a)(2) now requires their activation only

for releases that ``threaten vessels or persons outside the immediate

transfer area.'' This should eliminate the need to activate the warning

alarms for releases that, while more than minor, are small in that they

do not threaten persons outside the area. Generally, other means will

notify persons inside the area.

33. Three comments disliked the requirement in Sec. 127.1325(c) to

provide security guards. They argued that facilities cannot identify

personnel, check ID cards, escort personnel, or perform other

activities normally done by the guards. One suggested that facilities

using public docks be exempt because they control neither the docks nor

the persons who use them. Two recommended that Sec. 127.1325 apply only

during transfers.

The Coast Guard does not concur. Access to the transfer area must

be limited to reduce the risk of fire, explosion, or other calamities

resulting from vandalism or sabotage. Unless the piping and storage

tanks on the facility contain no LHG, and no LHG vapors, the potential

for a hazardous release exists even when no transfer is in progress. In

many cases, access to critical parts of the area may be effectively

restricted by means other than guards. (Unfortunately, these means and

where they will be acceptable are too numerous to list within this

rulemaking. Section 127.1325(c) lets the COTP approve alternative means

such as electronic monitoring or random patrols where the stationing of

guards is impracticable.)

34. One comment claimed that, because of the manpower entailed, it

was not reasonable to escort each person entering a facility. The Coast

Guard acknowledges that there are other good ways to prevent sabotage

and vandalism. Ensuring that persons entering the facility have

legitimate business on the facility, and display visitors' badges to

show they have been identified, should suffice. Badges will help

employees distinguish between authorized and unauthorized personnel.

Section 127.1325(b) reflects this change.

35. Six comments objected to conducting static liquid-pressure

(hydrostatic) tests of the piping, hoses, and loading arms of the LHG-

transfer system, as required by Sec. 127.1407(a). Instead, they

suggested using alternatives such as pneumatic tests.

Hydrostatic tests of cargo piping and hoses are already the rule of

33 CFR 126.15(o)(7)(iv). No comments indicated that this rule has

disrupted facilities. The Coast Guard believes that these tests provide

the safest and most effective means of determining the integrity of

piping and hoses. Nevertheless, the COTP may allow alternatives under

Sec. 127.017, if they provide the same degree of safety. (Authorities

have granted waivers for some existing facilities under 33 CFR 126.11,

and those waivers should continue.) To ease compliance,

Sec. 127.1407(b) reduces the pressure for the test from 1.5 times the

maximum allowable working pressure (MAWP) to 1.1 times the MAWP because

some LHGs are normally transferred at low working pressures.

36. One comment suggested recasting Sec. 127.1407(a) to clarify

which components of the cargo system need tests. Section 127.1407(a)

applies only to that part of the system located in the marine transfer

area. The section now says as much.

37. Four comments recommended that the firefighting requirements in

Secs. 127.1501 through 127.1511 not apply to facilities that handle

only toxic LHGs. Six comments suggested that the water-systems

requirements in Sec. 127.1507 not apply to these facilities. Four

comments recommended that the requirements of an international shore-

connection in Sec. 127.1511 not apply to these facilities. The Coast

Guard concurs with these comments in part.

Section 127.1501 requires a facility to determine the number, kind,

and site of equipment for fire detection, protection, control, and

extinguishment on the basis of local conditions and hazards within the

facility. This lets the facility determine the number, kind, and site

of equipment for these purposes on the basis of its design and

anticipated risks.

A facility that handles only toxic LHGs must determine whether its

design and anticipated risks call for the equipment specified in

Sec. 127.1507. Although no water may be needed for fighting fire in LHG

when a facility does not handle flammable LHG, it is a prime component

of a facility's overall fire-control efforts. It may be necessary to

protect the pier, the buildings, or vessels even if not to fight a fire

involving LHG. It is an excellent cooling agent; it effectively

protects personnel from fire and protects sprayed areas from radiated

heat. It can also remove some toxic gases from the air after a release

of toxic LHG. Therefore, it is usually essential in mitigating death,

injury, damage to equipment, and further spreading of a fire, even if

the LHG is not flammable.

The international shore-connection is to protect vessels, not the

facility. Therefore, the design and capability of vessels are more

important than area features of the facility for one determining

whether this equipment is necessary.

If, after careful consideration of its own design and of the

anticipated risks, a facility that handles toxic LHGs decides it does

not need the water supply required by Sec. 127.1507, then it must

justify this decision in the plan required by Sec. 127.1501. The plan

must consider pier and vessel fires in addition to cargo fires.

Existing facilities may certify their own plans. New facilities, and

facilities with any new construction, must have their plans reviewed

and approved by the COTP.

An international shore-connection makes it possible for fittings

with incompatible threads to connect. One is required on the facility

so that vessels moored to the facility have a source of water for

firefighting in case an onboard source of firefighting water is

nonexistent or inadequate. Incompatible threads generally are not a

problem for U.S.-flag vessels, and some facilities do not receive

foreign-flag vessels. To account for this, Sec. 127.1511 now requires

an international shore-connection only for those facilities that

receive foreign-flag vessels.

38. Five comments recommended that a facility with an on-site fire

department or with access to a local department be exempt from the

requirement in Sec. 127.1505 to provide emergency outfits. The intent

of this requirement is to enable rapid response for injured or trapped

personnel. An on-site department with appropriate outfits will meet the

requirement since the outfits have never had to be located within the

marine transfer area. The Coast Guard agrees that in some cases an off-

site response unit, if trained and if located close enough to the area,

may be able to provide an effective response. To confer greater

flexibility, Sec. 127.1505, renamed ``Emergency response and rescue'',

allows the use of either on-site or off-site response to emergencies.

An on-site response unit must furnish the appropriate training and

equipment, including outfits. Training and equipment that satisfy OSHA

[29 CFR 1910.120] will satisfy the Coast Guard. An off-site response

unit must enter a written agreement with the facility

[[Page 39793]]

indicating the services it will perform and the time within which it

will perform them to personnel in the area.

Incorporation by Reference

The Director of the Federal Register has approved the material in

Sec. 127.003 for incorporation by reference under 5 U.S.C. 552 and 1

CFR part 51. The material is available as indicated in that section.

Regulatory Evaluation

This not a significant regulatory action under section 3(f) of

Executive Order 12866 and does not require an assessment of potential

costs and benefits under section 6(a)(3) of that Order. It has not been

reviewed by the Office of Management and Budget under that Order. It is

not significant under the regulatory policies and procedures of the

Department of Transportation (DOT) [44 FR 11040 (February 26, 1979)]. A

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT has been prepared and is available in the docket

for inspection or copying where indicated under ADDRESSES. A summary

follows.

This rule may produce discounted costs of about $17.3 million over

the next 25 years. Most of these costs will be borne by the waterfront

facilities regulated, with the remainder borne by the Coast Guard. This

rule will affect about 137 waterfront facilities. Over half of those

facilities also handle products subject to the pollution-prevention

regulations in 33 CFR parts 154 and 156, which contain similar

requirements. Costs to industry will arise primarily from purchase,

replacement, and maintenance of equipment, and secondarily from

training personnel and from collecting information. This rule should

produce benefits of about $4.8 million in discounted property damages

prevented, of 6 deaths prevented, and of 147 injuries prevented over

the next 25 years. The cost of achieving these benefits is less than

the value of life based on willingness to pay, assumed by most

economists; therefore, this rule is cost-beneficial. It may also

produce environmental benefits by preventing the release of LHGs into

the environment, although those benefits might be slight, over the same

span. Further details on the costs and benefits of this rule appear in

the Regulatory Evaluation.

No comments concerned this section or the draft Regulatory

Evaluation. The changes made in this rule will slightly reduce the

economic impact, but should not significantly reduce the benefits, of

this rule. The most significant changes are: exempting existing

facilities from certain design requirements, allowing an alternative to

providing emergency outfits, allowing an alternative to having an alarm

on a loading arm, clarifying when transfers must be shut down,

shortening the time before transfers for notifying the Coast Guard,

extending the frequency of certain tests, allowing fixed gas-detection

systems to be used in lieu of portable gas-detectors, and exempting

ammonia facilities from gas-detectors entirely.

Small Entities

Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

This rule is not expected to affect any waterfront facilities owned

or operated by a small entity. A recent review of the ownership and

operation of waterfront facilities handling LHG in bulk did not reveal

any owned by small entities as defined under the Regulatory Flexibility

Act. No comments concerning small entities were received in response to

the NPRM. An entity large or small, could avoid the impact of this rule

by originating and receiving shipments of LHG in portable tanks, tank

trucks, or rail cars rather than transferring in bulk from a vessel.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this

rule will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This rule contains collection-of-information requirements. The

Coast Guard has submitted the requirements to the Office of Management

and Budget (OMB) for review under section 3504(h) of the Paperwork

Reduction Act [44 U.S.C. 3501 et seq.], and OMB has approved them. The

section numbers and control numbers from OMB are as follows:

------------------------------------------------------------------------

Section Topic

------------------------------------------------------------------------

127.007............................ Letter of intent.

127.015............................ Appeals.

127.017............................ Alternatives

127.019, 127.305, 127.1305......... Operations Manual.

127.019, 127.307, 127.1307......... Emergency Manual.

127.301, 127.1301.................. [Certification of PIC].

127.317, 127.1317.................. Decelaration of Inspection.

127.409, 127.1409.................. Records [of maintenance].

127.617, 127.1603.................. Hotwork [permits].

------------------------------------------------------------------------

The estimated annual burden is significantly different from that

estimated in the NPRM. That did not reflect the significantly reduced

burden in subsequent years after the one-time initial burden of

developing manuals. The following particulars apply:

DOT No: 2115.

(1) OMB Control No.: 0052.

Administration: U.S. Coast Guard.

Title: Waterfront Facilities Handling Liquefied Natural Gas and

Liquefied Hazardous Gas (known to OMB as: Liquefied Natural Gas and

Liquefied Hazardous Gas Waterfront Facilities)

Need for Information: To prevent, or mitigate the results of,

release of liquefied natural gas and liquefied hazardous gases at

waterfront facilities.

Proposed use of Information: To verify compliance with safety

regulations and for program management, planning, and evaluation.

Frequency of Response: On occasion.

Burden Estimate: 3,531 hours per year.

Respondents: 137.

Forms: None.

Average Burden Hours Per Respondent: 3.1 hours per year.

(2) OMB Control No.: 0013.

Administration: U.S. Coast Guard.

Title: Welding and Hot-Work Permit

Need for Information: To restrict welding and other hot work on

certain waterfront facilities to prevent fires and explosions.

Proposed use of Information: To ensure compliance with safety

regulations.

Frequency of Response: On occasion.

Burden Estimate: 2,190 hours per year.

Respondents: 730.

Forms: None.

Average Burden Hours per Respondent: 2.5 hours per year.

Federalism

The Coast Guard has analyzed this rule in accordance with the

principles and criteria contained in Executive Order 12612, and has

determined that this proposal does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment. This

rule sets minimal safety standards for the operation of waterfront

facilities transferring LHG to or from vessels in bulk. Since these are

minimal standards, State and local governments are free to set higher

standards where necessary for local

[[Page 39794]]

conditions. Therefore, this rule preempts State action to set lower

safety standards, but does not preempt State action to set higher

safety standards, for waterfront facilities transferring LHG.

Environment

The Coast Guard has considered the environmental impact of this

rule and concluded that, under section 2.B.2 of Commandant Instruction

M16475.1B, this rule is categorically excluded from further

environmental documentation. This rule will prevent or mitigate

releases of LHG and will have no adverse impact on the environment. A

Determination of Categorical Exclusion is available in the docket for

inspection or copying at the address under ADDRESS.

List of Subjects

33 CFR Part 126

Explosives, Harbors, Hazardous substances, Reporting and

recordkeeping requirements.

33 CFR Part 127

Harbors, Hazardous substances, Incorporation by reference, Natural

gas, Security measures, Vessels, Reporting and recordkeeping

requirements.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR parts 126 and 127 as follows:

PART 126--[AMENDED]

1. The authority citation for part 126 continues to read as

follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46(n)(4).

Sec. 126.05 [Amended]

2. Section 126.05(a) is amended by removing the words ``other than

the cargoes listed in Sec. 126.10(d)''.

Sec. 126.10 [Amended]

3. Section 126.10 is amended by removing paragraph (d).

Sec. 126.15 [Amended]

4. Section 126.15 is amended by removing paragraph (o).

PART 127--[AMENDED]

5. The authority citation for part 127 continues to read as

follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46(n)(4).

6. The heading of part 127 is revised to read as follows:

PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND

LIQUEFIED HAZARDOUS GAS

7. Section 127.001 is revised to read as follows:

Sec. 127.001 Applicability.

(a) Subparts A and B of this part apply to the marine transfer area

for LNG of each new waterfront facility handling LNG and to new

construction in the marine transfer area for LNG of each existing

waterfront facility handling LNG.

(b) Subpart A of this part and Secs. 127.301 through 127.617 apply

to the marine transfer area for LNG of each active existing waterfront

facility handling LNG.

(c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701 of

subparts A and B of this part apply to the marine transfer area for LNG

of each inactive existing facility.

(d) Subparts A and C of this part apply to the marine transfer area

for LHG of each active waterfront facility handling LHG.

(e) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.1325(c)

of subparts A and C of this part apply to the marine transfer area for

LHG of each inactive facility.

8. Section 127.003 is revised to read as follows:

Sec. 127.003 Incorporation by reference.

(a) Certain material is 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) and 1 CFR part 51. To enforce any edition other

than that specified in paragraph (b) of this section, the Coast Guard

must publish notice of change in the Federal Register and make the

material available to the public. All approved material is on file at

the Office of the Federal Register, Room 700, 800 North Capitol Street

NW., Washington, DC 20408, and at the U.S. Coast Guard, (G-MPS), Room

1108, 2100 Second Street SW., Washington, DC 20593-0001, and is

available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this

part, and the sections affected, are:

The American National Standards Institute (ANSI)

1430 Broadway, New York, NY 10018:

ANSI B16.5, Pipe Flanges and Flanged Fittings 1988,

including 1992 Addenda and Errata.................. 127.1102

ANSI S12.13, Part 1, Performance Requirements,

Combustible Gas Detectors, 1986.................... 127.1203

American Petroleum Institute (API)

1220 L Street NW., Washington, DC 20005:

API RP 2003, Protection Against Ignitions Arising

Out of Static, Lightning and Stray Currents, 1991.. 127.1101

American Society of Mechanical Engineers (ASME)

345 East 47th Street, New York, NY 10017:

ASME B31.3, Chemical Plant and Petroleum Refinery

Piping, 1993....................................... 127.1101

American Society for Testing and Materials (ASTM)

1916 Race Street, Philadelphia, PA 19103:

ASTM F-1121, International Shore Connections for Marine

Applications, 1987 (reapproved 1993) 127.1511

National Fire Protection Association (NFPA)

Batterymarch Park, Quincy, MA 02269:

NFPA 10, Portland Fire Extinguishers, 1994.......... 127.603;

127.1503

NFPA 30, Flammable and Combustible Liquids Code,

1993............................................... 127.313;

127.1313

NFPA 51B, Fire Prevention in Use of Cutting and

Welding Processes, 1994............................ 127.405;

127.1405

NFPA 59A, Production, Storage, and Handling of

Liquefied Natural Gas (LNG), 1994.................. 127.101;

127.201;

127.405;

127.603

[[Page 39795]]

NFPA 70, National Electrical Code, 1993............. 127.107;

127.201;

127.1107

NFPA 251, Fire Tests of Building Construction and

Materials, 1990.................................... 127.005

9. Sec. 127.005 is amended by revising the definitions for the

terms ``active'', ``existing'', ``impounding space'', ``LNG vessel'',

and ``new''; by removing the definitions for the terms ``LNG waterfront

facility'' and ``marine transfer area''; and by adding definitions for

the terms ``facility'', ``flammable product'', ``LHG'', ``LHG vessel'',

``liquefied hazardous gas'', ``LNG'', ``marine transfer area for LHG'',

``marine transfer area for LNG'', ``mating flange'', ``MAWP'',

``release'', ``toxic product'', ``waterfront facility handling LHG'',

and ``waterfront facility handling LNG'', in alphabetical order, to

read as follows:

Sec. 127.005 Definitions.

* * * * *

Active means accomplishing the transfer of LHG or LNG, or

scheduling one to occur, within 12 months of the current date.

* * * * *

Existing as applied to a waterfront facility means a facility

handling LNG constructed or being constructed under a contract awarded

before June 2, 1988, or a facility handling LHG constructed or being

constructed under a contract awarded before January 30, 1996.

Facility means either a waterfront facility handling LHG or a

waterfront facility handling LNG.

* * * * *

Flammable product means a product indicated by the letter ``F'' or

by the letters ``F + T'' in Table 1 to this part.

* * * * *

Impounding space means a space formed by dikes and floors that

confines a spill of LHG or LNG.

LHG means liquefied hazardous gas.

LHG vessel means a vessel constructed or converted to carry LHG, in

bulk.

Liquefied hazardous gas (LHG) means a liquid containing one or more

of the products listed in Table 1 to this part.

* * * * *

LNG means liquefied natural gas.

LNG vessel means a vessel constructed or converted to carry LNG, in

bulk.

* * * * *

Marine transfer area for LHG means that part of a waterfront

facility handling LHG between the vessel, or where the vessel moors,

and the first shutoff valve on the pipeline immediately inland of the

terminal manifold or loading arm, including the entire part of a pier

or wharf used to serve LHG vessels.

Marine transfer area for LNG means that part of a waterfront

facility handling LNG between the vessel, or where the vessel moors,

and the last manifold or valve immediately before the receiving tanks.

Mating flange means that flange in the product-transfer pipeline on

a waterfront facility handling LHG or a waterfront facility handling

LNG that connects this pipeline to the pipeline or transfer hose of the

vessel.

* * * * *

MAWP means maximum allowable working pressure.

New as applied to a waterfront facility means a facility handling

LNG constructed or being constructed under a contract awarded on or

after June 2, 1988, or a facility handling LHG constructed or being

constructed under a contract awarded on or after January 30, 1996.

* * * * *

Release means any spilling, leaking, pumping, pouring, emitting,

emptying, discharging, injecting, escaping, leaching, dumping, or

disposing into the environment, except a minor release of LHG or its

vapor, that may occur during the routine handling of LHG. No release is

minor if it creates an atmosphere that exceeds the Lower Flammable

Limit (LFL) for a flammable product or any Permissible Exposure Limit

(PEL) listed in 29 CFR 1910.1000, Table Z-1 or Z-2, for a toxic

product.

Toxic product means a product indicated by the letter ``T'' or by

the letters ``F+T'' in Table 1 to this part.

Waterfront facility handling LHG means any structure on, in, or

under the navigable waters of the United States, or any structure on

land or any area on shore immediately adjacent to such waters, used or

capable of being used to transfer liquefied hazardous gas, in bulk, to

or from a vessel.

Waterfront facility handling LNG means any structure on, in, or

under the navigable waters of the United States, or any structure on

land or any area on shore immediately adjacent to such waters, used or

capable of being used to transfer liquefied natural gas, in bulk, to or

from a vessel.

Sec. 127.007 [Amended]

Sec. 127.009 [Amended]

Sec. 127.013 [Amended]

Sec. 127.019 [Amended]

Secs. 127.007, 127.009, 127.013, 127.019 [Amended]

10. Part 127 is amended by adding the phrase ``LHG or'' before the

term ``LNG'' wherever the latter appears in the following:

a. Sec. 127.007(c).

b. Sec. 127.007(d)(5).

c. Sec. 127.007(d)(6).

d. Sec. 127.007(e)(2).

e. The introductory text of Sec. 127.009.

f. The introductory text of Sec. 127.013(a).

g. Sec. 127.019(b).

Sec. 127.011 [Amended]

11. Sec. 127.011 is amended by revising the heading to read

``Inspections of Waterfront Facilities.''

Sec. 127.019 [Amended]

12. Sec. 127.019(c) is amended by removing the words ``Sec. 127.305

and the Emergency Manual meets Sec. 127.307'' and adding in their place

the words ``Sec. 127.305 or Sec. 127.1305 and that the Emergency Manual

meets Sec. 127.307 or Sec. 127.1307''.

Subparts B, C, D, E, F, G, and H--[Amended]

13. Subparts C, D, E, F, G, and H of this part are amended by

removing their headings and leaving those headings as undesignated text

headings, by removing the undesignated text heading ``Fire Equipment''

before Sec. 127.601, and by removing the undesignated text heading

``Fire Protection'' before Sec. 127.613; and Subpart B is amended by

revising its heading to read as follows:

Subpart B--Waterfront Facilities Handling Liquefied Natural Gas

Secs. 127.101, 127.109, 127.111, 127.113, 127.203, 127.207, 127.305,

127.313, 127.315, 127.319, 127.607, 127.609, 127.611, 127.613, 127.615,

127.701, 127.703, 127.705, and 127.711 [Amended]

14. Part 127 is amended by replacing the words ``marine transfer

area'' wherever they appear with the words ``marine transfer area for

LNG'' in the following:

a. The introductory text of Sec. 127.101.

b. Sec. 127.109(a).

c. Sec. 127.111(a).

[[Page 39796]]

d. Sec. 127.113(a), introductory text.

e. Sec. 127.203.

f. Secs. 127.207 (a) and (b).

g. Secs. 127.305 (d) and (e).

h. Sec. 127.313(a) introductory text.

i. Sec. 127.315(g).

j. Secs. 127.319 (a)(1) and (b)(3)(i).

k. The introductory text of Sec. 127.603.

l. Sec. 127.607(a).

m. Sec. 127.609(a).

n. Sec. 127.611.

o. Sec. 127.613.

p. Sec. 127.615.

q. The heading of Sec. 127.703.

r. Sec. 127.703(a), introductory text, and (b).

s. The introductory text of Sec. 127.705.

t. Sec. 127.711.

Sec. 127.105 [Amended]

15. Sec. 127.105 is amended by revising the heading to read

``Layout and spacing of marine transfer area for LNG.''

Secs. 127.103, 127.105, 127.301, 127.303, 127.305, 127.307, 127.309,

127.317, 127.319, 127.321, 127.401, 127.703, and 127.711 [Amended]

16. Part 127 is further amended by replacing the word ``facility''

with the phrase ``waterfront facility handling LNG'' wherever it

appears in the following:

a. Sec. 127.103(a).

b. Sec. 127.105(a).

c. Secs. 127.301(a) introductory text, and (b).

d. Sec. 127.303.

e. Sec. 127.305(d).

f. Sec. 127.307(f).

g. Sec. 127.309(a).

h. Secs. 127.317 (b) and (c)(1).

i. Sec. 127.319(a) introductory text.

j. Sec. 127.321(a) introductory text.

k. Sec. 127.401.

l. Secs. 127.703 (a)(1) and (b).

m. Sec. 127.711.

Sec. 127.405 [Amended]

17. Sec. 127.405(a)(1) is amended by replacing the words ``subparts

B, C, G, and H of this part'' with the words ``this subpart''.

18. A new subpart C, consisting of Secs. 127.1101 through 127.1605,

is added to read as follows:

Subpart C--Waterfront Facilities Handling Liquefied Hazardous Gas

Sec.

Design and Construction

127.1101 Piping systems.

127.1102 Transfer hoses and loading arms.

127.1103 Piers and wharves.

127.1105 Layout and spacing of marine transfer area for LHG.

127.1107 Electrical systems.

127.1109 Lighting systems.

127.1111 Communication systems.

127.1113 Warning signs.

Equipment

127.1203 Gas detection.

127.1205 Emergency shutdown.

127.1207 Warning alarms.

127.1209 Respiratory protection.

Operations

127.1301 Persons in charge of transfers for the facility:

Qualifications and certification.

127.1302 Training.

127.1303 Compliance with suspension order.

127.1305 Operations Manual.

127.1307 Emergency Manual.

127.1309 Operations Manual and Emergency Manual: Use.

127.1311 Motor vehicles.

127.1313 Storage of hazardous materials.

127.1315 Preliminary transfer inspection.

127.1317 Declaration of Inspection.

127.1319 Transfer of LHG.

127.1321 Release of LHG.

127.1325 Access to marine transfer area for LHG.

Maintenance

127.1401 General.

127.1403 Inspections.

127.1405 Repairs.

127.1407 Tests.

127.1409 Records.

Firefighting Equipment

127.1501 General.

127.1503 Portable fire extinguishers.

127.1505 Emergency response and rescue.

127.1507 Water systems for fire protection.

127.1509 Equipment for controlling and extinguishing fires.

127.1511 International shore connection.

Fire Protection

127.1601 Smoking.

127.1603 Hotwork.

127.1605 Other sources of ignition.

Design and Construction

Sec. 127.1101 Piping systems.

Each piping system within the marine transfer area for LHG used for

the transfer of LHG must meet the following criteria:

(a) Each system must be designed and constructed in accordance with

ASME B31.3.

(b) Each pipeline on a pier or wharf must be located so that it is

not exposed to physical damage from vehicular traffic or cargo-handling

equipment. Each pipeline under navigable waters must be covered or

protected to meet 49 CFR 195.248.

(c) The transfer manifold of each liquid transfer line and of each

vapor return line must have an isolation valve with a bleed connection,

such that transfer hoses and loading arms can be blocked off, drained

or pumped out, and depressurized before disconnecting. Bleeds or vents

must discharge to a safe area such as a tank or flare.

(d) In addition to the isolation valve at the transfer manifold,

each liquid-transfer line and each vapor return line must have a

readily accessible isolation valve located near the edge of the marine

transfer area for LHG.

(e) Each power-operated isolation valve must be timed to close so

that it will not produce a hydraulic shock capable of causing failure

of the line or equipment. Unless the layout of the piping allows the

isolation valve at the transfer manifold to close within 30 seconds

without creating excessive stresses on the system, the layout must be

reconfigured to reduce the stresses to a safe level.

(f) Each waterfront facility handling LHG that transfers to or from

a vessel requiring vapor return during transfer must be equipped with a

vapor return line designed to attach to the vessel's vapor connection.

(g) Where two or more LHGs are loaded or unloaded at the same

facility, each manifold must be identified or marked to indicate each

LHG it handles.

(h) Each pipeline used to transfer flammable liquids or vapors must

be provided with precautions against static, lightning, and stray

current in accordance with API RP 2003.

Sec. 127.1102 Transfer hoses and loading arms.

(a) Each hose within the marine transfer area for LHG used for the

transfer of LHG or its vapors to or from a vessel must--

(1) Be made of materials resistant to each LHG transferred, in both

the liquid and vapor state (if wire braid is used for reinforcement,

the wire must be of corrosion-resistant material, such as stainless

steel);

(2) Be constructed to withstand the temperature and pressure

foreseeable during transfer, with a MAWP not less than the maximum

pressure to which it may be subjected and at least 1030 kPa gauge

(149.4 psig);

(3) Be designed for a minimum bursting pressure of a least five

times the MAWP;

(4) Have--

(i) Full-threaded connections;

(ii) Flanges that meet ANSI B16.5; or

(iii) Quick connect couplings that are acceptable to the

Commandant;

(5) Be adequately supported against the weight of its constituent

parts, the LHG, and any ice formed on it;

(6) Have no kinks, bulges, soft spots, or other defects that will

let it leak or burst under normal working pressure; and

(7) Have a permanently attached nameplate that indicates, or

otherwise be permanently marked to indicate--

[[Page 39797]]

(i) Each LHG for which it is suitable;

(ii) Its MAWP at the corresponding service temperature; and

(iii) If used for service at other than ambient temperature, its

minimum service temperature.

(b) Each loading arm used for the transfer of LHG or its vapor

must--

(1) Be made of materials resistant to each LHG transferred, in both

the liquid and vapor state;

(2) Be constructed to withstand the temperature and pressure

foreseeable during transfer;

(3) Be adequately supported against the weight of its constituent

parts, the LHG, and any ice formed on it;

(4) Be provided with an alarm to indicate when it is approaching

the limits of its extension, unless the examined Operations Manual

requires a person to perform the same function; and

(5) Have a permanently attached nameplate that indicates, or

otherwise be permanently marked to indicate--

(i) Each LHG it may handle;

(ii) Its MAWP at the corresponding service temperature; and,

(iii) If it is used for service at other than ambient temperature,

its minimum service temperature.

Sec. 127.1103 Piers and wharves.

(a) Each new waterfront facility handling LHG, and all new

construction in the marine transfer area for LHG of each existing

facility, must comply with the standards for seismic design and

construction in 49 CFR part 41.

(b) Each substructure on a new waterfront facility handling LHG,

and all new construction in the marine transfer area for LHG of each

existing facility, except moorings and breasting dolphins, that

supports or is within 4.5 meters (14.8 feet) of any pipe or equipment

containing a flammable LHG, or that is within 15 meters (49.2 feet) of

a loading flange used to transfer a flammable LHG, must have a fire-

endurance rating of not less than two hours.

Sec. 127.1105 Layout and spacing of marine transfer area for LHG.

Each new waterfront facility handling LHG, and all new construction

in the marine transfer area for LHG of each existing facility, must

comply with the following:

(a) Each building, shed, and other structure within each marine

transfer area for LHG must be located, constructed, or ventilated to

prevent the accumulation of flammable or toxic gases within the

structure.

(b) Each impounding space for flammable LHGs located within the

area must be designed and located so that the heat flux from a fire

over the impounding space does not cause, to a vessel, damage that

could prevent the vessel's movement.

(c) Each manifold, loading arm, or independent mating flange must

be located at least 60 meters (197 feet) from each of the following

structures, if that structure is intended primarily for the use of the

general public or of railways:

(1) A bridge crossing a navigable waterway.

(2) The entrance to, or the superstructure of, a tunnel under a

navigable waterway.

(d) Each manifold, loading arm, or independent mating flange must

be located at least 30 meters (98.5 feet) from each public roadway or

railway.

Sec. 127.1107 Electrical systems.

Electrical equipment and wiring must be of the kind specified by,

and must be installed in accordance with, NFPA 70.

Sec. 127.1109 Lighting systems.

(a) Each waterfront facility handling LHG, at which transfers of

LHG take place between sunset and sunrise, must have outdoor lighting

that illuminates the marine transfer area for LHG.

(b) All outdoor lighting must be located or shielded so that it

cannot be mistaken for any aids to navigation and does not interfere

with navigation on the adjacent waterways.

(c) The outdoor lighting must provide a minimum average

illumination on a horizontal plane 1 meter (3.3 feet) above the walking

surface of the marine transfer area that is--

(1) 54 lux (5 foot-candles) at any loading flange; and

(2) 11 lux (1 foot-candle) for the remainder of the marine transfer

area for LHG.

Sec. 127.1111 Communication systems.

(a) The marine transfer area for LHG must possess a communication

system that enables continuous two way voice communication between the

person in charge of transfer aboard the vessel and the person in charge

of transfer for the facility.

(b) The communication system required by paragraph (a) of this

section may consist either of fixed or portable telephones or of

portable radios. The system must be usable and effective in all phases

of the transfer and all weather at the facility.

(c) Devices used to comply with paragraph (a) of this section

during the transfer of a flammable LHG must be listed as intrinsically

safe by Underwriters Laboratories, Inc., Factory Mutual Research

Corporation, or other independent laboratory recognized by NFPA, for

use in the hazardous location in which it is used.

Sec. 127.113 Warning signs.

(a) The marine transfer area for LHG must have warning signs that--

(1) Meet paragraph (b) of this section;

(2) Can be seen from the shore and the water; and,

(3) Except as provided in paragraph (c) of this section, bear the

following text:

Warning

Dangerous Cargo

No visitors

No Smoking

No Open Lights

(b) Each letter on the sign must be--

(1) In block style;

(2) Black on a white background; and

(3) At least 7.6 centimeters (3 inches) high.

(c) The words ``No Smoking'' and ``No Open Lights'' may be omitted

when the product being transferred is not flammable.

Equipment

Sec. 127.1203 Gas detection.

(a) Each waterfront facility handling LHG that transfers a

flammable LHG must have at least two portable gas detectors, or a fixed

gas detector, in the marine transfer area for LHG. Each detector must

be capable of indicating whether the concentration of flammable vapors

exceeds 30% of the Lower Flammable Limit for each flammable product

being transferred and must meet ANSI S12.13, Part 1.

(b) Each waterfront facility handling LHG that transfers a toxic

LHG, other than anhydrous ammonia, must have at least two portable gas

detectors, or a fixed gas detector, available in the area. The

detectors must be capable of showing whether the concentration of each

toxic LHG being transferred is above, at, or below any Permissible

Exposure Limit listed in 29 CFR 1910.1000, Table Z-1 or Z-2.

(c) Each gas detector required by paragraph (a) or (b) of this

section must serve to detect leaks, check structures for gas

accumulations, and indicate workers' exposure to toxic gases in the

area.

Sec. 127.1205 Emergency shutdown.

(a) Each piping system used to transfer LHG or its vapors to or

from a vessel must have a quick-closing shutoff valve to stop the flow

of liquid and vapor from the waterfront facility handling LHG if a

transfer hose or loading arm fails. This valve may be the isolation

valve with a bleed connection required by Sec. 127.1101(c).

[[Page 39798]]

(b) The valve required by paragraph (a) of this section must be

located as near as practicable to the terminal manifold or loading-arm

connection and must--

(1) Close on loss of power;

(2) Close from the time of activation in 30 seconds or less;

(3) Be capable of local manual closing and remotely controlled

closing; and,

(4) If the piping system is used to transfer a flammable LHG,

either have fusible elements that melt at less than 105 deg. (C

221 deg.F) and activate the emergency shutdown, or have a sensor that

performs the same function.

(c) A remote actuator for each valve must be located in a place

accessible in an emergency, at least 15 meters (49.2 feet) from the

terminal manifold or loading arm, and conspicuously marked with its

designated function. When activated, the actuator must also

automatically shut down any terminal pumps or compressors used to

transfer LHG, or its vapors, to or from the vessel.

Sec. 127.1207 Warning alarms.

(a) Each marine transfer area for LHG must have a rotating or

flashing amber light that is visible for at least 1,600 meters (1 mile)

from the transfer connection in all directions.

(b) Each marine transfer are for LHG must also have a siren that is

audible for at least 1,600 meters (1 mile) from the transfer connection

in all directions.

(c) Each light and siren required by this section must be located

so as to minimize obstructions. If any obstruction will prevent any of

these alarms from meeting paragraph (a) or (b) of this section, the

operator of the waterfront facility handling LHG shall propose for

approval by the local COTP additional or alternative warning devices

that provide an equivalent level of safety.

Sec. 127.1209 Respiratory protection.

Each waterfront facility handling LHG must provide equipment for

respiratory protection for each employee of the facility in the marine

transfer area for LHG during the transfer of one or more of the

following toxic LHGs; anhydrous ammonia, chlorine, dimethylamine,

ethylene oxide, methyl bromide, sulphur dioxide, or vinyl chloride. The

equipment must protect the wearer from the LHG's vapor for at least 5

minutes.

Operations

Sec. 127.1301 Persons in charge of transfers for the facility:

Qualifications and certification.

(a) No person may serve, or use the services of any person, as a

person in charge of transfers for the facility regulated under this

subpart, unless that person--

(1) Has at least 48 hours' transfer experience with each LHG being

transferred;

(2) Knowing the hazards of each LHG being transferred;

(3) Knows the rules of this subpart; and

(4) Knows the procedures in the examined Operations Manual and the

examined Emergency Manual.

(b) Before a person in charge of transfers for a waterfront

facility handling LHG supervises a transfer of LHG, the operator of the

facility shall certify in writing that that person has met the

requirements in paragraph (a) of this section. The operator shall

ensure that a copy of each current certification is available for

inspection at the facility.

Sec. 127.1302 Training.

(a) Each operator of a waterfront facility handling LHG shall

ensure that each person assigned to act as a person in charge of

transfers for the facility has training in the following subjects:

(1) Properties and hazards of each LHG being transferred to or from

the facility.

(2) Use of the gas detectors required by Sec. 127.1203.

(3) Use of the equipment for respiratory protection required by

Sec. 127.1209.

(4) Basic firefighting procedures, including the use of the

portable fire extinguishers required by Sec. 127.1503.

(5) Content and use of the examined Operations Manual and examined

Emergency Manual.

(6) The configuration and limitations of cargo systems of LHG

vessels.

(7) Procedures for transferring LHG to and from LHG vessels.

(8) Procedures for response to a release of the LHG handled by the

facility.

(9) First aid for persons--

(i) With burns;

(ii) Needing cardio-pulmonary resuscitation;

(iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG is

handled by the facility); and

(iv) Needing transport to a medical facility.

(10) Restrictions on access to the marine transfer area for LHG.

(b) Each person that receives training under paragraph (a) of this

section shall receive refresher training in the same subjects at least

once every 5 years.

(c) The operator shall maintain, for each person trained, a record

of all training provided under paragraphs (a) and (b) of this section.

The operator shall retain these records for the duration of the

person's employment on the waterfront facility plus 12 months.

(d) Training conducted to comply with the hazard communication

programs required by the Occupational Safety and Health Administration

(OSHA) of the Department of Labor [29 CFR 1910.120] or the

Environmental Protection Agency (EPA) [40 CFR 311.1] may be used to

satisfy the requirements in paragraph (a) of this section, so far as

the training addresses the requirements in paragraph (a) of this

section.

Sec. 127.1303 Compliance with suspension order.

If the COTP issues to the owner or operator of a waterfront

facility handling LHG an order to suspend a transfer, no transfer may

take place at the facility until the COTP withdraws the order.

Sec. 127.1305 Operations Manual.

Each Operations Manual must contain--

(a) A description of each liquid-transfer system and vapor transfer

system, including each mooring area, transfer connection, and (where

installed) control room, and a diagram of the piping and electrical

systems;

(b) The duties of each person assigned to transfers;

(c) The maximum relief-valve setting or MAWP of the transfer

system;

(d) The telephone numbers of supervisors, persons in charge of

transfers for the facility, persons on watch in the marine transfer

area for LHG, and security personnel of the facility;

(e) A description for each security system provided for the

transfer area;

(f) A description of the training programs established under

Sec. 127.1302;

(g) The procedures to follow for security violations; and

(h) For each LHG handled, the procedures for transfer that

include--

(1) Requirements for each aspect of the transfer (start-up,

gauging, cooldown, pumping, venting, and shutdown);

(2) The maximum transfer rate;

(3) The minimum transfer temperature;

(4) Requirements for firefighting equipment; and

(5) Communication procedures.

Sec. 127.1307 Emergency Manual.

(a) Each Emergency Manual must contain--

(1) For each LHG handled--

(i) A physical description of the LHG;

(ii) A description of the hazards of the LHG;

(iii) First-aid procedures for persons exposed to the LHG or its

vapors;

[[Page 39799]]

(iv) The procedures for response to a release of the LHG; and,

(v) If the LHG is flammable, the procedures for fighting a fire

involving the LHG or its vapors;

(2) A description of the emergency shutdown required by

Sec. 127.1205;

(3) The procedures for emergency shutdown;

(4) A description of the number, kind, place, and use of the fire

equipment required by Sec. 127.1501(a) and of the portable fire

extinguishers required by Sec. 127.1503;

(5) The telephone numbers of local Coast Guard units, hospitals,

fire departments, police departments, and other emergency-response

organizations;

(6) If the facility has personnel shelters, the place of and

provisions in each shelter;

(7) If the facility has first-aid stations, the location of each

station;

(8) Emergency procedures for mooring and unmooring a vessel; and,

(9) If an off-site organization is to furnish emergency response, a

copy of the written agreement required by Sec. 127.1505(a)(2).

(b) The employee-emergency plan and fire-prevention required by

OSHA in 29 CFR 1910.38 may be used to comply with this section to the

extent that they address the requirements specified in paragraphs (a)

(1) through (9) of this section.

Sec. 127.1309 Operations Manual and Emergency Manual: Use.

Each operator of a waterfront facility handling LHG shall ensure

that--

(a) No transfer is conducted unless the facility has an examined

Operations Manual and an examined Emergency Manual;

(b) Each transfer is conducted in accordance with the examined

Operations Manual; and

(c) Each emergency response is conducted in accordance with the

examined Emergency Manual.

Sec. 127.1311 Motor vehicles.

(a) When LHG is being transferred or stored in the marine transfer

area of a waterfront facility handling LHG, the operator shall ensure

that no person--

(1) Stops or parks a motor vehicle in a space other than a

designated parking space;

(2) Refuels a motor vehicle within the area; or

(3) Operates a vehicle or other mobile equipment that constitutes a

potential source of ignition within 15 meters (49.2 feet) of any

storage container, manifold, loading arm, or independent mating flange

containing a flammable liquid or vapor.

(b) If motor vehicles are permitted to stop in the marine transfer

area for LHG, the operator shall designate and mark parking spaces

that--

(1) Do not block fire lanes;

(2) Do not impede any entrances or exits; and

(3) Are not located within 15 meters (49.2 feet) of any storage

container, manifold, loading arm, or independent mating flange

containing a flammable liquid or vapor.

Sec. 127.1313 Storage of hazardous materials.

(a) Each operator of a waterfront facility handling LHG shall

ensure that no materials listed in the table of hazardous materials

under 49 CFR 172.101, except for the following, are stored in the

marine transfer area for LHG:

(1) The LHG being transferred.

(2) Fuel required by the vessel, or by emergency equipment in the

area.

(3) Oily wastes received from vessels.

(4) Solvents, lubricants, paints and similar materials in the

amount required for one day's operations and maintenance.

(b) The operator shall ensure that flammable liquids not stored in

bulk are stored in accordance with Chapter 4 of NFPA 30.

Sec. 127.1315 Preliminary transfer inspection.

Before each transfer, the person in charge of transfer for the

facility shall--

(a) Inspect piping and equipment within the marine transfer area

for LHG to be used for transfer and ensure that it meets the

requirements in this part;

(b) Determine the contents, pressure, temperature, and capacity of

each storage tank to or from which LHG will be transferred, to ensure

that it is safe for transfer;

(c) Confer with the person in charge of transfer aboard the vessel,

to review and agree on--

(1) The sequence of acts required for transfer;

(2) The rate, maximum working pressure, and minimum working

temperature of transfer;

(3) The duties, stations, and watches of each person assigned for

transfer; and

(4) The emergency procedures in the examined Emergency Manual;

(d) Ensure that the vessel is securely moored and that the transfer

connections allow it to move to the limits of its moorings without

placing a strain on the piping, hose, or loading arm used for transfer;

(e) Ensure that each part of the transfer system is aligned to

allow the flow of LHG to the desired place;

(f) Ensure the display of the warning signs required by

Sec. 127.1113;

(g) Ensure that the requirements of this part concerning smoking

and fire protection are met;

(h) Ensure that qualified personnel are on duty in accordance with

the examined Operations Manual and Secs. 127.1301 and 127.1302; and

(i) Test the following to determine that they are operable:

(1) The communication system required by Sec. 127.1111.

(2) The gas detectors required by Sec. 127.1203.

Sec. 127.1317 Declaration of Inspection.

(a) Each person in charge of transfer for the facility shall ensure

that no person transfers LHG to or from a vessel until a Declaration of

Inspection that meets paragraph (c) of this section is executed and

signed by both the person in charge aboard the vessel and the person in

charge for the facility.

(b) No person in charge of transfer for the facility may sign the

Declaration unless that person has fulfilled the requirements of

Sec. 127.1315 and has indicated fulfillment of each requirement by

writing his or her initials in the appropriate space on the

Declaration.

(c) Each Declaration must contain--

(1) The name of the vessel and that of the facility;

(2) The date and time that the transfer begins;

(3) A list of the requirements in Sec. 127.1315 with the initials

of both the person in charge aboard the vessel and the person in charge

for the facility after each requirement, indicating the fulfillment of

the requirement;

(4) The signatures of both the person in charge aboard the vessel

and the person in charge for the facility, and the date and time of

signing, indicating that they are both ready to begin transfer; and

(5) The signature of each relief person in charge and the date and

time of each relief.

(d) The person in charge of transfer for the facility shall give

one signed copy of the Declaration to the person in charge of transfer

aboard the vessel and retain the other.

(e) Each operator of a facility shall retain a signed copy of the

Declaration at the facility for 30 days after the transfer.

Sec. 127.1319 Transfer of LHG.

(a) The operator of a waterfront facility handling LHG shall notify

the COTP of the time and place of each transfer of LHG in bulk at least

4 hours before it begins.

(b) During transfer, each operator of a waterfront facility

handling LHG shall ensure that--

[[Page 39800]]

(1) The marine transfer area for LHG is under the supervision of a

person in charge certified for transfers of LHG, who has no other

assigned duties during the transfer;

(2) The person in charge supervises transfers only to or from one

vessel at a time unless authorized by the COTP.

(3) No person transferring fuel or oily waste is involved in the

transfer; and

(4) No vessel is moored outboard of any LHG vessel unless allowed

by the COTP or the examined Operations Manual of the facility.

(c) During transfer, each person in charge of transfer for the

facility shall--

(1) Maintain communication with the person in charge of transfer

aboard the LHG vessel;

(2) Ensure that an inspection of the transfer piping and equipment

for leaks, frost, defects, and other threats to safety takes place at

least once every transfer;

(3) Ensure that--

(i) Transfer of LHG is discontinued as soon as a release or fire is

detected in the area or aboard the vessel; and

(ii) Transfer of flammable LHG is discontinued when electrical

storms or uncontrolled fires approach near the area; and

(4) Ensure that the outdoor lighting required by Sec. 127.1109 is

turned on between sunset and sunrise.

(d) Upon completion of transfer of LHG, each operator of a

waterfront facility handling LHG shall ensure that hoses and loading

arms used for transfer are drained of LHG residue and depressurized

before disconnecting from the vessel.

Note to Sec. 127.1319: Corresponding standards for vessels

appear at 46 CFR part 154.

Sec. 127.1321 Release of LHG.

(a) Each operator of a waterfront facility handling LHG shall

ensure that--

(1) No person intentionally releases LHG into the environment; and

(2) If a release of LHG or its vapor threatens vessels or persons

outside the marine transfer area for LHG, they are notified by the

warning devices.

(b) If LHG or its vapor is released, the person in charge of

transfer for the facility shall--

(1) Immediately notify the person in charge of transfer aboard the

vessel that transfer must be shut down;

(2) Shut down transfer in coordination with the person aboard the

vessel;

(3) Notify the COTP of the release; and

(4) Not resume transfer until authorized by the COTP.

Sec. 127.1325 Access to marine transfer area for LHG.

Each operator of a waterfront facility handling LHG shall ensure

that--

(a) Access to the marine transfer area for LHG from shoreside and

waterside is limited to--

(1) Personnel who work in the area, transfer personnel, vessel

personnel, and delivery and service personnel in the course of their

business;

(2) Federal, State, and local officials; and

(3) Other persons authorized by the operator;

(b) Each person allowed into the area is positively identified as

someone authorized to enter and that each person other than an employee

of the facility displays an identifying badge;

(c) Guards are stationed, and fences or other devices are

installed, to prevent, detect, and respond to unauthorized access,

fires, and releases of LHG in the area, except that alternative

measures approved by the COTP (such as electronic monitoring or random

patrols) will be sufficient where the stationing of guards is

impracticable; and

(d) Coast Guard personnel are allowed access to the facility, at

any time, to make any examination or to board any vessel moored at the

facility.

Maintenance

Sec. 127.1401 General.

Each operator of a waterfront facility handling LHG shall ensure

that all cargo handling equipment is operable, and that no equipment

that may cause the release or ignition of LHG is used in the marine

transfer area for LHG.

Sec. 127.1403 Inspections.

(a) Each operator of a waterfront facility handling LHG shall

conduct a visual inspection for defects of each pressure relief device

not capable of being tested.

(b) The operator shall conduct the inspection required by paragraph

(a) of this section at least once each calendar year, with intervals

between inspections not exceeding 15 months.

Sec. 127.1405 Repairs.

Each operator of a waterfront facility handling LHG shall ensure

that--

(a) Equipment is repaired so that--

(1) The equipment continues to meet the applicable requirements in

this subpart; and

(2) Safety is not compromised; and

(b) Welding and cutting meet NFPA 51B.

Sec. 127.1407 Tests.

(a) Each operator of a waterfront facility handling LHG shall

conduct a static liquid-pressure test of the piping, hoses, and loading

arms of the LHG-transfer system located in the marine transfer area for

LHG, and shall verify the set pressure of the safety and relief

valves--

(1) After the system or the valves are altered;

(2) After major repairs to the system or the valves;

(3) After any increase in the MAWP of the system; and

(4) At least once each calendar year, with intervals between tests

not exceeding 15 months.

(b) The pressure for the test under paragraph (a) of this section

must be at least 1.1 times the MAWP and last for at least 30 minutes.

(c) The operator shall conduct a test of each pressure gauge, to

ensure that the displayed pressure is within 10 percent of the actual

pressure, at least once each calendar year, with intervals between

tests not exceeding 15 months.

(d) The operator shall conduct a test of each item of remote

operating or indicating equipment, such as a remotely operated valve,

at least once each calendar year, with intervals between tests not

exceeding 15 months.

(e) The operator shall conduct a test of the emergency shutdown

required by Sec. 127.1205 at least once every two months, to ensure

that it will perform as intended. If transfers of LHG occur less often

than every two months, the operator may conduct this test before each

transfer instead of every two months.

(f) The operator shall conduct a test of the warning alarm required

by Sec. 127.1207 at least once every six months, to ensure that it will

perform as intended. If transfers of LHG occur less often than every

six months, the operator may conduct this test before each transfer

instead of every six months.

Sec. 127.1409 Records.

(a) Each operator of a waterfront facility handling LHG shall keep

on file:

(1) A description of the components inspected or tested under

Sec. 127.1403 or 127.1407.

(2) The date and results of each inspection or test under

Sec. 127.1403 or 127.1407.

(3) A description of any repair made after the inspection or test.

(4) The date and a description of each alteration or major repair

to the LHG transfer system or its valves.

(b) The operator shall keep this information on file for at least

24 months after the inspection, test, alteration, or major repair.

[[Page 39801]]

Firefighting Equipment

Sec. 127.1501 General.

(a) The number, kind, and place of equipment for fire detection,

protection, control, and extinguishment must be determined by an

evaluation based upon sound principles of fire-protection engineering,

analysis of local conditions, hazards within the waterfront facility

handling LHG, and exposure to other property. A description of the

number, kind, place, and use of fire equipment determined by this

evaluation must appear in the Emergency Manual for each facility. The

evaluation for each new facility and for all new construction on each

existing facility must be submitted to the COTP for review when the

emergency manual is submitted under Sec. 127.103.

(b) All fire equipment for each facility must be adequately

maintained, and periodically inspected and tested, so it will perform

as intended.

(c) The following must be red or some other conspicuous color and

be in places that are readily accessible:

(1) Hydrants and standpipes.

(2) Hose stations.

(3) Portable fire extinguishers.

(4) Fire monitors.

(d) Fire equipment must bear the approval, if applicable, of

Underwriters Laboratories, Inc., Factory Mutual Research Corporation,

or other independent laboratory recognized by NFPA.

Sec. 127.1503 Portable fire extinguishers.

Each operator of a waterfront facility handling LHG must provide

portable fire extinguishers of appropriate, number, size, and kind in

the marine transfer area for LHG in accordance with NFPA 10.

Sec. 127.1505 Emergency response and rescue.

(a) Each waterfront facility handling LHG must arrange for

emergency response and rescue pending the arrival of resources for

firefighting or pollution control. Response and rescue may be performed

by facility personnel or by an off-site organization.

(1) If response and rescue are performed by facility personnel,

appropriate training and equipment for personnel protection must be

furnished to those personnel. Training and equipment that meets 29 CFR

1910.120, hazardous-waste operations and emergency response, will be

appropriate.

(2) If response and rescue are performed by an off-site

organization, the organization must enter into a written agreement with

the facility indicating the services it will perform and the time

within which it will perform them to injured or trapped personnel.

(b) [Reserved]

Sec. 127.1507 Water systems for fire protection.

(a) Each waterfront facility handling LHG must have a supply of

water and a means for distributing and applying the water to protect

personnel; to cool storage tanks, equipment, piping, and vessels; and

to control unignited leaks and spills in the marine transfer area for

LHG except when the evaluation required by Sec. 127.1501(a) indicates

otherwise. The evaluation must address fire protection for structures,

cargo, and vessels. Each water system must include on the pier or wharf

at least one 2\1/2\-inch supply line, one 2\1/2\-inch fire hydrant, and

enough 2\1/2\-inch hose to connect the hydrant to the vessel.

(b) Each water system must fully and simultaneously supply, for at

least 2 hours, all fixed fire-protection systems, including monitor

nozzles, at their designed flow and pressure for the worst single

incident foreseeable, plus 63 L/s (1000 gpm) for streams from hand-held

hoses.

Sec. 127.1509 Equipment for controlling and extinguishing fires.

(a) Within each marine transfer area for LHG of each waterfront

facility handling LHG that transfers a flammable LHG, portable or

wheeled fire extinguishers suitable for gas fires, preferably dry

chemical extinguishers, must be available at strategic sites, as

determined by the evaluation required by Sec. 127.1501(a).

(b) Fixed systems for extinguishing or controlling fires may be

appropriate for protection against particular hazards. The evaluation

required by Sec. 127.1501(a) may specify the use of one or more of the

following fixed systems:

(1) Low-, medium-, or high-expansion foam.

(2) Dry chemicals.

(3) Water applied as deluge, spray, or sprinkle.

(4) Carbon dioxide.

(5) Other NFPA approved fire extinguishing media.

Sec. 127.1511 International shore connection.

Each marine transfer area for LHG that receives foreign flag

vessels must have an international shore connection meeting the

requirements of ASTM F-1121.

Fire Protection

Sec. 127.1601 Smoking.

Each operator of a waterfront facility handling LHG shall ensure

that no person smokes in the marine transfer area for LHG unless--

(a) Neither flammable LHG nor its vapors are present in the area;

and

(b) The person is in a place designated and marked in accordance

with local law.

Sec. 127.1603 Hotwork.

Each operator of a waterfront facility handling LHG shall ensure

that no person conducts welding, torch cutting, or other hotwork on the

facility, or on a vessel moored to the facility, unless--

(a) The COTP has issued a permit for that hotwork; and

(b) The conditions of the permit are met.

Sec. 127.1605 Other sources of ignition.

Each operator of a waterfront facility handling LHG shall ensure

that in the marine transfer are for LHG--

(a) There are no open fires or open flame lamps;

(b) Heating equipment will not ignite combustible material;

(c) Each chimney and appliance has a spark arrestor if it uses

solid fuel or is located where sparks may ignite combustible material;

and

(d) All rubbish, debris, and waste go into appropriate receptacles.

Sec. 127.605 Table I [Added]

19. A new Table 1 is added after new Sec. 127.1605 to read as

follows:

Table 1 to Part 127.--List of Products and Hazards

------------------------------------------------------------------------

Product Hazard

------------------------------------------------------------------------

Acetaldehyde.............................................. F+T

Ammonia, anhydrous........................................ T

Butadiene................................................. F

Butanes................................................... F

Butane and propane (mixtures)............................. F

Butylenes................................................. F

Chlorine.................................................. T

Dimethylamine............................................. F+T

Ethane.................................................... F

Ethyl chloride............................................ F+T

Ethylene.................................................. F

Ethylene oxide............................................ F+T

Methyl-acetylene and propadiene (mixtures)................ F

Methyl bromide............................................ F+T

Methyl chloride........................................... F+T

Propane................................................... F

Propylene................................................. F

Sulphur dioxide........................................... T

Vinyl chloride............................................ F+T

------------------------------------------------------------------------

Note: ``F'' indicates a flammable product. ``T'' indicates a toxic

product. ``F&T'' indicates a product both flammable and toxic.

[[Page 39802]]

Dated: June 23, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 95-18762 Filed 8-2-95; 8:45 am]

BILLING CODE 4910-14-M