No person may conduct an oil transfer operation unless:
(a) the vessel's moorings and mooring lines used during the transfer operation are strong enough to hold during all expected conditions of surge, current, and weather, and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation;(b) oil transfer hoses and loading arms are long enough to allow the vessel to move to the limits of its moorings without placing strain on any component of the oil transfer system;(c) each hose is supported to prevent kinking or other damage to the hose and to prevent strain on its coupling;(d) each part of the oil transfer system is properly aligned;(e) each part of the oil transfer system not necessary for the transfer operation is securely capped, blank flanged, and/or shut off;(f) the end of each hose that is not connected for the transfer of oil is plugged, capped, or blanked off using the closure devices required by federal regulation;(g) the transfer system is attached to a fixed connection on the transfer unit or receiving unit except that when a nontank vessel of less than 250 barrel capacity is receiving fuel, an automatic back pressure shutoff nozzle may be used;(h) each overboard discharge or sea suction valve that is connected to the vessel's oil transfer or cargo tank system is sealed or lashed in the closed position, except when used to receive or discharge ballast;(i) each oil transfer hose is in good repair, and is suitable for the purpose intended and free from defect which would permit the discharge of oil through the hose material; has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement. (See the recommended practices in the "Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose: Manual for Maintenance, Testing and Inspection," published by the Rubber Manufacturers Association (RMA), 1440 K Street, N.W., Washington, D.C. 20005). For purposes of this section, "reinforcement" means the strength members of the hose, consisting of fabric, cord and/or metal;(j) the discharge containment equipment on deck or on the dock that must be deployed pursuant to Sections 844 and 844.3 of this subchapter, is deployed and in place prior to any transfer of oil, and periodically drained to provide the required capacity;(k) each drain and scupper is closed by mechanical means to adequately prevent any discharge or leaking of oil; freeing ports shall be adequately blocked to prevent any discharge or leaking of oil;(l) all connections in the oil transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment equipment to hold any such leakage during the transfer operation;(m) the communications equipment and procedures required by this subchapter are operating during the entire transfer operation;(n) the emergency means of shutdown is in position and operable;(o) there is a qualified person in charge on the transfer unit and a person in charge on the receiving unit during a transfer operation;(p) each person in charge required by paragraph (o) of this section: (1) shall be present at the site of the oil transfer operation and immediately available to the oil transfer personnel;(2) has readily available a copy of the vessel oil transfer procedures or the facility operations manual, as appropriate at the operations center or central point where transfer operations are controlled and monitored; and(3) conducts the transfer operation in accordance with the vessel oil transfer procedures or facility operations manual, as appropriate;(q) the personnel required, under the facility operations manual and the vessel oil transfer procedures, to conduct the oil transfer operation: (2) conduct the transfer operation in accordance with the facility's operations manual or vessel's oil transfer procedures, as appropriate;(r) each person required by paragraph (o) understands and speaks the English language fluently, or engages the services of an interpreter;(s) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit have held a conference to ensure that each person in charge understands the following details of the transfer operation: (1) the identity of the product and quantity to be transferred, and availability of a material safety data sheet for the product to be transferred;(2) the sequence of transfer operations;(4) the name or title and location of each person participating in the transfer operation;(5) the details of their respective transfer or receiving system and the particulars of the transfer operation;(6) the critical stages of the transfer operation;(7) all the federal, state, and local rules that apply to the transfer of oil;(8) the emergency procedures, which shall include; (A) acknowledgment that together both units are willing to provide all spill containment resources under each of their control on site;(B) identification, in writing, of each unit's contracted OSRO;(C) agreed-upon written emergency shutdown procedures.(9) the discharge containment procedures;(10) the discharge reporting procedures;(11) the watch or shift arrangements;(12) the transfer shutdown procedures;(t) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit agree to begin the transfer operation;(u) To ensure safe operation and early detection of an oil leak, for oil transfer operations between sunset and sunrise, deck lighting shall be provided by the self-propelled vessel that adequately illuminates (as described by 33 CFR 155.790) the following: (1) each transfer operation work area and each transfer connection point in use on a self-propelled vessel; and(2) each transfer operation work area and each transfer connection point in use on each barge or small marine fueling facility discharging or receiving oil, unless the barge or small marine fueling facility itself provides adequate illumination.(3) Where illumination appears to be inadequate, Staff may require verification by instrument of the levels of illumination. On a horizontal plane three feet above the deck or walking surface, illumination must measure at least: (A) 5.0 foot candles at transfer connection points; and(B) 1.0 foot candles in oil transfer operation work areas.(v) appropriate fire fighting equipment is available as required in 46 CFR, Part 34.(w) in addition to the requirements listed in 33 CFR 154.500(e), all transfer hoses shall have all markings near the two ends in the vicinity of the flanges where they can be easily seen.(x) all transfer connections shall: (1) use suitable material in joints and couplings to ensure a leak-free seal;(3) use a bolt in every available hole;(4) use bolts of the correct size in each bolted connection;(5) tighten each bolt and nut uniformly and sufficiently to distribute the load to ensure a leak-free seal;(6) not use any bolt that shows signs of strain or is elongated or deteriorated;(7) use either: (A) a bolted or full threaded connection; or(B) a quick-connected coupling with a means of securing the coupling to prevent accidental release.(y) the vessel has a fill pipe for which containment can be provided. For vessels less than 250 barrels capacity, an automatic back pressure nozzle can be used.(z) a written Declaration of Inspection (DOI) which shall include the following, in addition to the requirements of 33 CFR 156.150(c): (1) identification of each unit's OSRO;(2) acknowledgment by each unit that their OSRO has been notified in advance;(3) emergency shut-down procedures;(4) agreed-upon hand and/or sound signals that initiate and complete the shut-down of the transfer operation.(5) The Declaration of Inspection shall be filled out and signed by each person in charge and relief person in charge. Each person in charge who is different from the person who originally signed the Declaration of Inspection shall sign the Declaration of Inspection before assuming or reassuming the duties of a person in charge. Prior to their signing or resigning the Declaration of Inspection, each person in charge shall inspect the transfer unit or receiving unit, as appropriate, to ensure that the requirements of this subchapter are being maintained;(aa) a loading plan shall be completed in writing by the receiving unit.(ab) Transfer operations shall not be started or, if started, shall be discontinued under the following conditions:(1) during severe weather, electrical storms, or wave conditions;(2) if a fire occurs on the wharf, on the vessel, on the marine facility, or in the vicinity of the wharf, vessel or marine facility;(3) any condition that may jeopardize the safety of the transfer;(4) loss of continuous two-way voice communication.Cal. Code Regs. Tit. 14, § 843.8
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33). Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Noteand filed 7-12-94 (Register 94, No. 28).
3. Amendment of section heading and section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).