Handling of Class 1 (Explosive) Materials or Other Dangerous Cargoes Within or Contiguous to Waterfront Facilities

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 126

[USCG-1998-4302]

RIN 2115-AE22

Handling of Class 1 (Explosive) Materials or Other Dangerous

Cargoes Within or Contiguous to Waterfront Facilities

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulations covering

waterfront facilities handling dangerous cargoes. Current regulations

would be updated to reflect improved safety procedures and modern

transportation methods, such as the use of containers. This proposed

rule would also update the requirements for the handling of these

hazardous materials and incorporate industry standards.

DATES: Comments must reach the Coast Guard on or before December 28,

1998.

ADDRESSES: You may mail comments to the Docket Management Facility,

(USCG-1998-4302), U.S. Department of Transportation (DOT), room PL-401,

400 Seventh Street SW., Washington, DC 20590-0001, or deliver them to

room PL-401, located on the Plaza Level of the Nassif Building at the

same address between 10 a.m. and 5 p.m., Monday through Friday, except

Federal holidays. The telephone number is 202-366-9329.

The Docket Management Facility maintains the public docket for this

rulemaking. Comments, and documents as indicated in this preamble, will

become part of this docket and will be available for inspection or

copying at

[[Page 57965]]

room PL-401, located on the Plaza Level of the Nassif Building at the

same address bet3ween 10 a.m. and 5 p.m., Monday through Friday, except

Federal holidays. You may electronically access the public docket for

this rulemaking on the Internet at http://dms/dot/gov.

FOR FURTHER INFORMATION CONTACT:

For information on the public docket, contact Ms. Pat Chesley, Coast

Guard Dockets Team Leader, or Paulette Twine, Chief, Documentary

Services Division, U.S. Department of Transportation, telephone (202)

366-9329. For information concerning the notice of proposed rulemaking

provisions, contact LCDR John Farthing, Vessel and Facility Operating

Standards Division (G-MSO-2), room 1210, (202) 267-6451, between 7:30

a.m. and 3 p.m., Monday through Friday, except Federal holidays. E-mail

address is J[email protected]uscg.mil.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this proposed rulemaking by submitting written data, views, or

arguments. Persons submitting comments should include their names and

addresses, identify this proposed rulemaking (USCG-1998-4302) and the

specific section of this document to which each comment applies, and

give the reason for each comment. Please submit all comments and

attachments in an unbound format, no larger than 8\1/2\ by 11 inches,

suitable for copying and electronic filing. Persons wanting

acknowledgment of receipt of comments should enclose stamped, self-

addressed postcards or envelopes. The Coast Guard will consider all

comments received during the comment period. It may change this

proposed rule in view of the comments.

The Coast Guard plans no public hearing. You may request a public

hearing by submitting requests to the address under ADDRESSES. The

request should include the reasons why a hearing would be beneficial.

If it determines that the opportunity for oral presentations will aid

this proposed rulemaking, the Coast Guard will hold a public hearing at

a time and place announced by a later notice in the Federal Register.

Background and Purpose

The regulations in 33 CFR part 126 prescribe requirements for

designated waterfront facilities that handle, store, and transfer

hazardous materials to and from vessels. The regulations were written

in the 1950s and have not been significantly updated. On September 4,

1990, the Coast Guard published a final rule (55 FR 36252) amending

part 126 to exclude its application to bulk liquid hazardous materials,

other than certain liquefied gases. On August 3, 1995, the Coast Guard

published a final rule (60 FR 39788) further amending part 126 to

exclude its application to the remaining liquefied gases and to

transfer the requirements for the control of liquefied hazardous gas

transfers from 33 CFR 126.15(o) to 33 CFR part 127. As amended, part

126 applies only to facilities handling packaged and dry bulk hazardous

materials.

On January 13, 1993, the Coast Guard published an advance notice of

proposed rulemaking (ANPRM) (58 FR 4127) requesting comments on

proposed changes to 33 CFR part 126. The Coast Guard received 11

comments in response to the ANPRM and considered them in drafting this

notice.

The Coast Guard proposes to amend part 126 to better address the

hazards and precautions necessary for packaged hazardous materials,

which have changed significantly with the advent of containerization.

This notice also proposes to incorporate up-to-date industry standards.

Discussion of Proposed Rule

This proposed rule would set minimum safety standards for the

operation of waterfront facilities transferring packaged and bulk solid

hazardous materials to and from vessels. It would not preempt State and

local governments from prescribing standards of their own.

All measurements in this proposed rule are in Systeme International

D'Unites (SI) units with the English measurement following in

parentheses. The Omnibus Trade and Competitive Act of 1988 (Pub. L.

100-418) designates the SI system as the preferred system of weights

and measurements for United States trade and commerce. The American

Society of Testing and Materials (ASTM) and the American Society of

Mechanical Engineers (ASME) also support the conversion to metric

standards.

Section 126.01 would add definitions for the terms Break-bulk,

Bulk, Container or freight container, and Transport unit.

Section 126.03 would incorporate certain standards of ASTM and the

National Fire Protection Association (NFPA) to prevent the creation of

regulations which duplicate established industry standards.

Section 126.12 would allow the local Captain of the Port (COTP) to

examine alternative procedures, methods, or equipment standards to be

used by an operator if a required standard is physically or

economically impracticable, and if an equivalent level of safety can

otherwise be provided.

Section 126.15 would revise the current section to recognize the

different requirements for container terminals and other designated

waterfront facilities. Paragraph 126.15(a) would establish the

requirements for those facilities handling break-bulk dangerous cargo,

and paragraph 126.15(b) would establish the requirements for container

terminals. Paragraphs 126.15(c) through 126.15(n) would apply to all

designated waterfront facilities. In keeping with the Presidential

Regulatory Reinvention Initiative (PRRI), many of the requirements in

Sec. 126.15 would be replaced with industry standards; primarily,

selected sections from NFPA 307, Standard for the Construction and Fire

Protection of Marine Terminals, Piers, and Wharves, 1995.

Paragraph 126.15(c) proposes requirements for fixed fire

extinguishing equipment in accordance with NFPA 13, 14, and 307.

Paragraph 126.15(d) would require all firefighting equipment

locations on board the facility to be conspicuously marked so they

could be immediately identified during a fire emergency.

Paragraph 126.15(e) would require warning signs at the facility,

ensuring standardization among all facilities to an established

standard without further Federal government involvement.

Paragraph 126.15(g) would require facilities that receive foreign

flag vessels to have an international shore connection accessible for

firefighting purposes. Foreign vessels often have fire main connections

that are dissimilar to U.S. fire hose fittings. The international shore

connection would make it possible to connect dissimilar fittings.

Pargraph 126.15(h) would list controls that limit access to the

waterfront facility. This would ensure safety of the facility from

outside persons.

Paragraph 126.27(b) would require the facility operator to notify

the COTP if certain classes of hazardous materials are handled in

excess of specified amounts. The regulations would revise the existing

requirements by incorporating metric units of measurement and updating

the dangerous cargo hazard class identifications.

Paragraph 126.27(d). The Coast Guard was petitioned by industry to

allow facilities to segregate dangerous cargo stored on the facility in

accordance with Chapter 15 of the International Maritime Dangerous

Goods (IMDG) Code. The

[[Page 57966]]

Coast Guard recognizes that the standards in 49 CFR 176.83 for vessels

are essentially the same as those in Chapter 15 of the IMDG Code. The

Coast Guard proposes to allow facilities to comply with 49 CFR 176.83

because these regulations are readily accessible to regulated parties,

and are recognized as common practice. These standards address the

basic necessities of segregation, such as protecting products form

moisture, fire, and interaction with incompatible materials. Packaging,

labeling, placarding, and marking of dangerous cargo must meet the

standards in 49 CFR parts 171 through 180.

Section 126.30, as proposed, removes the requirement for facilities

and vessels moored at the facility to obtain a hotwork permit from the

COTP. To perform hotwork, they would be required to comply with NFPA

51B. Liquefied Hazardous gas (LHG) facilities will continue to obtain

hotwork permits from the COTP as required in Sec. 127.1603. The changes

proposed in this NPRM will require updating of certain references in 49

CFR part 176. At the time the final rule is published, the Coast Guard

will coordinate conforming amendments with the Research and Special

Programs Administration (RSPA) which has responsibility for that part

of the CFR.

Incorporation by reference

The material that would be incorporated by reference is listed in

Sec. 126.03. The material is available for inspection where indicated

under ADDRESSES. Copies of the material are available from the sources

listed in Sec. 126.03.

Before publishing a binding rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

This proposed rulemaking is 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. The Office of Management and Budget has not reviewed it

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).

The Coast Guard expects the economic impact of this rule to be so

minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary.

Costs

The cost of compliance with part 126 to waterfront facilities

affected by this proposed regulation ranges form $270 to $400 per

facility for implementation. Compliance costs are comprised of the

required purchases of warning signs for all facilities and an

international shore connection for those facilities that conduct

transfer operations with foreign flag vessels. (See Table 1).

The implementation cost to industry is $175,274. If warning signs

and international shore connections are replaced every 10 years, the

discounted present value costs for year 2008 are $77,824. Total costs

of this proposed rule are approximately $253,098.

Table 1.--Implementation Costs

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No. affected Cost per

Proposed requirements facilities facility Total cost

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Warning Signs................................................... \1\ 609 \2\ $270 $164,430.

International Shore Connections................................. \3\ 88 \4\ 123 10,824

Total Implementation Cost................................... .............. .............. 175,254

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\1\ USCG Marine Safety Management System (MSMS) Data Base.

\2\ A.T. Kearney, Inc., ``Regulatory Impact Analysis of Waterfront Facility Hazardous Material Regulations'',

Alexandria, VA (January 1994). Data adjusted for inflation.

\3\ Ibid., p. 5-7.

\4\ Ibid., p. 5-9.

Benefits

The primary benefits to industry are the establishment of

requirements that facilitate and foster industry compliance and improve

safety methods. They are derived through the avoidance of costs

incurred from vessel or property damage, and casualty incidents. The

proposed requirements are expected to contribute to a higher level of

marine safety.

The dollar value of the direct benefits derived from this proposed

rulemaking is difficult to estimate. However, because the proposed

regulations are intended to better address the hazards and precautions

necessary for packaged hazardous materials, avoidance of incidents

involving handling, storing, stowing, loading, discharging or

transferring of hazardous materials are anticipated to decrease in both

number and severity. The Coast Guard reviewed MSIS data for incidents

on waterfront facilities during the period 1993-1997. The data shows

that annually, about 10 percent, or 62, of the waterfront facilities

affected by this proposed regulation are involved in incidents of

varying degrees. About 75 percent of these incidents are allusions,

collisions, equipment and structural failure. Less than 1 percent of

incidents is the result of fire. Property damages range from as low as

$90,000 to a high of $1 million annually during the five-year period

under examination. If the effectiveness rate of this proposed rule is

only 10 percent of the average property damage costs incurred over a

ten-year period, the anticipated benefits are expected to exceed the

total cost.

The Coast Guard also expects that removing the requirement to

obtain a hotwork permit from the COTP, and adopting NFPA standards in

its place, will reduce workload burden on both industry and the Coast

Guard.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast

Guard must consider whether this proposed rule, if adopted, will have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and

[[Page 57967]]

governmental jurisdictions with populations of less than 50,000.

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed

rule, if adopted, will not have a significant economic impact on a

substantial number of small entities, because although this proposed

rule may have minimal impact on a limited number of facilities owned or

operated by small entities, the estimated total implementation costs

for these facilities are $10,215. Thirty-one general cargo terminals

affected would currently qualify as small businesses. If warning signs

and international shore connections are replaced every 10 years, the

discounted present value costs for year 2008 are $4,536. The total

compliance costs to small businesses are estimated to be $14,751. If,

however, you think that your business or organization qualifies as a

small entity, and that this proposed rule will have a significant

economic impact on your business or organization, please submit a

comment (see ADDRESSES) explaining why you think it qualifies and in

what way and to what degree this proposed rule will economically affect

it.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Act of 1996 (Pub. L. 104-121), the Coast Guard wants to

assist small entities in understanding this proposed rule so that they

can better evaluate its effects on them and participate in the

rulemaking process. If your small business or organization is affected

by this rule and you have questions concerning its provisions or

options for compliance, please contact the Vessel and Facility

Operating Standards Division (G-MSO-2) at 202-267-6451.

Collection of Information (COI)

This proposed rule provides for a collection of information under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3520). As defined in 5

CFR 1320.3(c), collection of information includes reporting,

recordkeeping, monitoring, posting, labeling, and other, similar

actions. The title and description of the information collections, a

description of the respondents, and an estimate of the total annual

burden follows. Included in the estimate is the time for reviewing

instructions, searching existing sources of data, gathering and

maintaining the data needed, and completing and reviewing the

collection. The Coast Coast is currently requesting a revision of a

current collection of information, under:

Dot No.: 2115.

OMB No.: 2115-0054.

Administration: U.S. Coast Guard.

Title: Handling of Class 1 (Explosive) Materials or Other Dangerous

Cargoes within or Contiguous to Waterfront Facilities.

Summary of the Collection of Information

The Coast Guard has prepared and will seek approval for this

collection of information under proposed regulations for Handling of

Class 1 (Explosive) Materials or Other Dangerous Cargoes within or

Contiguous to Waterfront Facilities. This proposal contains collection

of information as required in Sec. 126.15. Section 126.30 proposes to

remove the requirement for facilities and vessels moored at the

facility to obtain hotwork permits from COTP. This proposal does not

remove the hotwork permit requirement found in Sec. 127.1603 for

facilities handling Liquefied Hazardous Gas (LHG). A currently approved

COI is revised to reflect the proposed requirement and reduction of

this paperwork collection.

Need for Information: Under Title 33 CFR 126.15(e), Coast Guard has

the authority to require the posting of warning signs that meet the

requirements of NFPA 307, Chapter 7-8.7.

Proposed Use of Information: The Coast Guard will use this

information to ensure that waterfront facilities are in compliance with

safety standards.

Description of the Respondents: Owners and operators or waterfront

facilities handling explosive materials, LHG facilities, and other

dangerous cargoes.

Number of Respondents: 609.

Reduction of Hotwork Permits Respondents: 675.

Frequency of Response: The initial posting of warning signs,

hotwork requests, and occasional inspection.

Burden of Response: 15 minutes annually per facility for warning

signs; and, 30 minutes per hotwork permit for designated LHG

facilities.

Estimated Total Annual Burden: An annual reporting and

recordkeeping burden of 318 hours for both warning signs and hotwork

permits requirements.

As required by section 3507(d) of the Paperwork reduction Act of

1995, the Coast Guard has submitted a copy of this proposed rule to the

Office of Management and Budget (OMB) for its review of the collection

of information. The Coast Guard solicits public comment on the proposed

collection of information to (1) evaluate whether the information is

necessary for the proper performance of the functions of the Coast

Guard, including whether the information would have practical utility;

(2) evaluate the accuracy of the Coast Guard's estimate of the burden

of the collection, including the validity of the methodology and

assumptions used; (3) enhance the quality, utility, and clarity of the

information to be collected; and (4) minimize the burden of the

collection on those who are to respond by allowing the submittal of

responses by electronic means or the use of other forms of information

technology.

Persons submitting comments on the collection of information should

submit their comments to the Coast Guard where indicated under

ADDRESSES by the date under DATES.

Persons are not required to respond to a collection of information

unless it displays a currently valid OMB control number. Before the

requirements for this collection of information become effective, the

Coast Guard will publish notice in the Federal Register of OMB's

decision to approve, modify, or disapprove the collection.

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined the this proposed rule does not have sufficient implications

for federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub.

L. 104-4, 109 Stat. 48), requires Federal agencies to assess the

effects of certain regulatory actions on State, local, and tribal

governments, and the private sector. UMRA requires a written statement

of economic and regulatory alternatives for proposed and final rules

that contain Federal mandates. A ``Federal mandate'' is a new or

additional enforceable duty, imposed on any State, local or tribal

government, or the private sector. If any Federal mandates cause those

entities to spend, in the aggregate, $100 million or more in one year

the UMRA analysis is required. This rule does not impose Federal

mandates on any State, local, or tribal governments or the private

sector.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that, under Figure 2-1(34)(a) of Commandant

Instruction M16475.1C, this proposed rule is categorically excluded

from further

[[Page 57968]]

environmental documentation. This proposed rule concerns handling and

storage procedures which, in themselves, would have no environmental

impact. A ``Categorical Exclusion Determination'' is available in the

docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 126

Explosives, Harbors, Hazardous substances, Reporting and

recordkeeping requirements.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 126 as follows:

PART 126--HANDLING OF CLASS 1 (EXPLOSIVE) MATERIALS OR OTHER

DANGEROUS CARGOES WITHIN OR CONTIGUOUS TO WATERFRONT FACILITIES

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

follows:

Authoirty: 33 U.S.C. 1231; 49 CFR 1.46.

2. In Sec. 126.01, revise the section heading; and add, in

alphabetical order, a definition for Break-Bulk, Bulk, Container or

freight container and Transport unit to read as follows:

Sec. 126.01 Definitions.

Break-bulk

Means packages of dangerous cargo that are handled individually,

palletized, or unitized for purposes of transportation as opposed to

materials in bulk and containerized freight.

Bulk means without mark or count and directly loaded or unloaded to

or from a hold or tank on a vessel without the use of containers or

break-bulk packaging.

* * * * *

Container or freight container means or reusable container that has

a volume of 1.81 cubic meters (64 cubic feet) or more, designed and

constructed to permit being lifted with its contents intact and

intended primarily for containment of packages (in unit form) during

transportation.

* * * * *

Transport unit means a transport vehicle or a freight container.

* * * * *

3. add Sec. 126.03 to read as follows:

Sec. 126.03 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register under 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 the material must

be available to the public. All approved material is available for

inspection at the Office of the Federal Register, 800 North Capitol

Street NW., suite 700 Washington, DC, 20002, and at the U.S. Coast

Guard, Vessel and Facility Operation Standards Division (G-MSO-2), 2100

Second Street SW., room 1210, 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 as follows:

American Society for Testing and Materials (ASTM)

1916 Race Street, Philadelphia, PA 19103:

ASTM F-1121, International Shore connections for

Marine Fire Applicants, 1987 Edition............... 126.15

National Fire Protection Association (NFPA)

One Batterymarch Park, P.O. Box 9101, Quicny, MA 02269-

9101:

NFPA 10 Standard for Portable Fire Extinguishers,

1998 Edition....................................... 126.15

NFPA 13, Standard for the Installation of Sprinkler

Systems, 1996 Edition.............................. 126.15

NFPA 14, Standard for the Installation of Standpipe

and Hose Systems, 1996 Edition..................... 126.15

NFPA 30, Flammable and Combustible Liquids Code,

1996............................................... 126.15

NFPA 51B, Standard for Fire Prevention in Use of

Cutting and Welding Processes, 1994 Edition........ 126.30

NFPA 70, National Electrical code, 1996............. 126.15

NFPA 307, Standard for the Construction and Fire

Protection of Marine Terminals, Piers, and Wharves,

1995 Edition....................................... 126.15

4. Add Sec. 126.12 to read as follows:

Sec. 12612 What are alternative methods of compliance and how are they

examined?

(a) An owner or operator or a waterfront facility may submit a

written request to the COTP for examination of an alternative method of

compliance with any requirement in this part if--

(1) Compliance with the regulations is economically or physically

impractical; and

(2) The alternative requested provides an equivalent level of

safety.

(b) The COTP will examine the request and provide an answer, in

writing, within 30 days of receipt of the request.

5. In Sec. 126.15, revise the section heading and paragraphs (a)

through (n) to read as follows:

Sec. 126.15 What conditions must be fulfilled to be designated

waterfront facility?

* * * * *

(a) For break-bulk dangerous cargo not in transport units:

(1) Arrangment of cargo, freight, merchandise or material. Cargo,

freight, merchandise, and other items or materials on the facility must

be arranged to provide access for firefighting and clearance for fire

prevention in accordance with NFPA 307, Chapter 8-5.

(2) Portable fire extinguishers. Each facility must have and

maintain in adequate quantities, locations and types of portable fire

extinguishers that meet the requirements of NFPA 10. These

extinguishers must be inspected and maintained in accordance with NFPA

10.

(3) Electrical systems. All new electrical equipment and wiring

installed on the facility must be of the kind specified by, and

installed in accordance with, NFPA 70. All defective or dangerous

electrical equipment and wiring must be promptly repaired, replaced, or

permanently disconnected.

(4) Heating equipment and other sources of ignition. Open fires and

open-flame lamps are prohibited on the facility. Heating equipment must

meet the requirements of NFPA 307, Chapter 9-4.

(5) Maintenance stores and supplies. Hazardous material used in the

operation or maintenance of the facility may be stored only in amounts

necessary for normal operating conditions. These materials must be

stored in compartments that are remote from combustible material;

constructed to provide safe storage; and kept clean and free of scrap

materials, empty containers, soiled wiping rags, waste, and other

debris. Flammable liquids must be stored in accordance with NFPA 30,

Chapter 4.

(b) For dangerous cargo in transport units:

(1) Terminal yards. Terminal yards must conform to the standard in

NFPA 307, Chapter 5.

[[Page 57969]]

(2) Containers. Containers packed with dangerous cargo shall be

vertically stacked no more than four (4) high on the facility.

(c) Fire extinguishing equipment. Each facility must have an

maintain in adequate quantities, locations and types, fire

extinguishing equipment such as automatic sprinklers, hydrants, hose

connections, and a firefighting water supply in accordance with NFPA

13, 14, and 307.

(d) Fire appliance location markings. The location of all fire

appliances such as hydrants, standpipes, hose stations, fire

extinguishers, and fire alarm boxes must be conspicuously marked and

readily accessible in accordance with NFPA 10, 13, 14, and 307.

(e) Warning signs. Warning signs must be constructed and installed

in accordance with NFPA 307, Chapter 7-8.7.

(f) Lighting. If the facility transfers dangerous cargo between

sunset and sunrise, then it must have outdoor lighting that adequately

illuminates the transfer work area. This lighting must be installed and

maintained in accordance with NFPA 70, and must be located or shielded

so that it cannot be mistaken for an aid to navigation and does not

interfere with navigation on waterways.

(g) International shore connection. If the facility conducts cargo

operations with a foreign-flag vessel, then it must have an

international shore connection meeting ASTM F-1121.

(h) Access to the facility. Whenever dangerous cargo is transferred

or stored on a waterfront facility, access to the facility is limited

to--

(1) Personnel working on the facility or vessel;

(2) Delivery and service personnel in the course of their business;

(3) Coast Guard and other Federal, State, and local officials;

(4) Local emergency personnel, such as police officers and firemen;

and

(5) Other persons authorized by the owner or operator of the

facility.

(i) Security measures. Guards must be stationed, or equivalent

controls acceptable to the COTP must be used to: deter and detect

unlawful entrance; detect and report fire hazards, fires, and releases

of dangerous cargoes and hazardous materials; check the readiness of

protective equipment; and report other emergency situations at the

facility.

(j) Coast Guard personnel. At any time, Coast Guard personnel may

enter the facility to conduct inspections or board vessels moored at

the facility.

(k) Pier automotive equipment, trucks and other motor vehicles.

When dangerous cargo is being transferred or stored on a facility,

material handling equipment, trucks, and other motor vehicles operated

by internal combustion engines must meet the requirements of NFPA 307,

Chapter 9.

(l) Smoking. Smoking is allowed on a facility where permitted under

State or local law. Signs must be conspicuously posted marking

authorized smoking areas. ``No Smoking'' signs must be conspicuously

posted elsewhere on the facility.

(m) Rubbish and waste materials. All rubbish, debris, and waste

materials must be placed in adequate receptacles.

(n) Adequacy of equipment, materials and standards. As used in this

section, the word adequate means that determination which a reasonable

person would make under the circumstances of a particular situation. If

the COTP inspects the facility and determines that the equipment,

materials or standards are inadequate, then the COTP must inform the

owner or operator in writing and must provide an opportunity to correct

any deficiencies.

6. In Sec. 126.27, revise paragraphs (b) and (d) through (i) and

add paragraphs (j) through (l) to read as follows:

Sec. 126.27 General permit for handling dangerous cargo.

* * * * *

(b) The COTP must be notified before the following classes of

dangerous cargo are handled, stored, stowed, loaded, discharged, or

transported, in the net weight amounts specified, except when contained

within railroad or highway vehicles being transported across or on the

waterfront facility solely for transfer to or from a railroad car

ferry, highway vehicle ferry, or carfloat:

(1) Class 1, Division 1.3 and Division 1.5 (Explosive) materials,

in excess of 36,400 kg (40 net tons) at any one time.

(2) Class 2, Division 2.1 (Flammable Gas) or Division 2.3 (Poison

Gas) materials in excess of 72,800 kg (80 net tons) at any one time.

(3) A Class 7 (Radioactive) material in a highway route controlled

quantity, as defined in 49 CFR 173.403.

* * * * *

(d) Break-bulk dangerous cargo must be segregated in accordance

with 49 CFR 176.83(a) through (c). No separation is required for break-

bulk dangerous cargo in limited quantity packaging.

(e) Transport units, freight containers and portable tanks

containing dangerous cargo must be segregated in accordance with 49 CFR

176.83(a), (b), and (f).

(f) Break-bulk dangerous cargo must be segregated from transport

units containing dangerous cargo in accordance with 49 CFR 176.83(e).

(g) Solid dangerous bulk cargo must be separated to prevent the

interaction of incompatible materials in the event of an accident.

Cargo not required to be segregated when in break-bulk form is not

required to be segregated when in bulk form. Dangerous cargo in break-

bulk form must be segregated from solid dangerous cargo in bulk in

accordance with 49 CFR 176.83.

(h) Materials that are dangerous when wet (Division 4.3), water-

soluble oxidizers (Division 5.1), and corrosive solids (Class 8) must

be stored in a manner that prevents them from coming into contact with

water.

(i) Corrosive liquids (Class 8) and liquid oxidizers (Division 5.1)

must be handled and stored so that, in the event of a leak from their

packaging, they would not come in contact with organic materials.

(j) Dangerous cargo stored on the facility must be arranged in a

manner that retards the spread of fire, such as by interspersing

dangerous cargo with inert or fire retardant material.

(k) Dangerous cargo stored on the facility, but not intended for

use on the facility, must be packaged, marked, and labeled in

accordance with 49 CFR parts 171 through 180, as if the material was in

transportation.

(l) Class 7 (Radioactive) material must be stored as specified in

49 CFR 173.447.

7. Add Sec. 126.30 to read as follows:

Sec. 126.30 What are the conditions for conducting welding and

hotwork?

Facility operators are responsible for all welding or hotwork

conducted on or at the facility. Vessel operators are responsible for

all welding or hotwork conducted on vessels moored to the facility. The

COTP may require that the operator of a facility or a vessel moored

thereto, to provide notification before any welding or hotwork

operations are conducted. Any welding or hotwork operations must be

conducted in accordance with NFPA 51B. The vessel or facility operator

must ensure that the following additional conditions or criteria are

met:

(a) Welding or hotwork is prohibited during gas freeing operations,

within 30.5 meters (100 feet) of bulk cargo operations involving

flammable or combustible materials, within 30.5 meters (100 feet) of

fueling operations, within 30.5 meters (100 feet) of explosives or

15.25 meters (50 feet) of other hazardous materials.

(b) If the welding or hotwork is on the boundary of a compartment

(i.e., bulkhead, wall or deck), then an

[[Page 57970]]

additional fire watch must be stationed in the adjoining compartment.

(c) Personnel on fire watch must have no other duties except to

watch for the presence of fire and to prevent the development of

hazardous conditions.

(d) Flammable vapors, liquids or solids must be completely removed

from any container, pipe or transfer line prior to welding or hotwork.

(e) Tanks used for storage of flammable or combustible substances

must be tested and certified gas free prior to starting hotwork.

(f) Proper safety precautions in relation to purging, inserting, or

venting must be followed for all hotwork on containers.

(g) All local laws and ordinances shall be observed.

(h) In case of a fire or other hazard, all cutting, welding or

other hotwork equipment shall be completely shut down.

Dated: October 13, 1998.

R.C. North,

Rear Admiral, U.S. Coast Guard,

Assistant Commandant for Marine Safety and Environmental Protection.

[FR Doc. 98-28842 Filed 10-28-98; 8:45 am]

BILLING CODE 4910-15-M