1625-0072 Stat/Authority

Coast Guard, DHS

§ 155.710

§ 155.710 Qualifications of person in
charge.
(a) On each tankship required to be
documented under the laws of the
United States, the operator or agent of
the vessel, or the person who arranges
and hires a person to be in charge either of a transfer of liquid cargo in
bulk or of cargo-tank cleaning, shall
verify to his or her satisfaction that
each person designated as a PIC—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed,
the
Crude-Oil
Washing
(COW), inert-gas, and vapor-control
systems—to safely conduct a transfer
of fuel oil, a transfer of liquid cargo in
bulk, or cargo-tank cleaning;
(2) Except as provided in paragraph
(g) of this section, holds a license
issued under 46 CFR part 10 authorizing
service aboard a vessel certified for
voyages beyond any Boundary Line described in 46 CFR part 7, except on
tankships or self-propelled tank vessels
not certified for voyages beyond the
Boundary Line; and
(3) Except as provided in paragraph
(g) of this section and 46 CFR 13.113 (a)
or (c), holds a Tankerman-PIC endorsement issued under 46 CFR part 13 that
authorizes the holder to supervise the
transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product.
(b) On each tank barge required to be
inspected under 46 U.S.C. 3703, the operator or agent of the vessel, or the
person who arranges and hires a person
to be in charge of a transfer of fuel oil,
of a transfer of liquid cargo in bulk, or
of cargo-tank cleaning, shall verify to
his or her satisfaction that each PIC—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and

monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the COW, inert-gas, and
vapor-control systems—to safely conduct either a transfer of liquid cargo in
bulk or cargo-tank cleaning; and
(2) Except as provided in paragraph
(g) of this section and 46 CFR part
13.113 (a) or (c), holds a Tankerman-PIC
or Tankerman-PIC (Barge) endorsement issued under 46 CFR part 13 that
authorizes the holder to supervise the
transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product and
vessel.
(c) On each foreign tankship, the operator or agent of the vessel shall
verify to his or her satisfaction that
each PIC either of a transfer of liquid
cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged, including the cargo for transfer,
the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the systems for crude-oil
washing, inert gas, and vapor control,
to safely conduct either a transfer of
liquid cargo in bulk or cargo-tank
cleaning;
(2) Except as provided in paragraph
(g) of this section, holds a license or
other document issued by the flag state
or its authorized agent authorizing
service as master, mate, pilot, engineer, or operator on that vessel;
(3) Except as provided in paragraph
(g) of this section, holds a DangerousCargo Endorsement or Certificate
issued by a flag state party to the
International Convention on Standards
of
Training,
Certification
and
Watchkeeping
for
Seafarers,
1978
(STCW), or other form of evidence acceptable to the Coast Guard, attesting
the PIC’s meeting the requirements of
Chapter V of STCW as a PIC of the
transfer of fuel oil, of the transfer of
liquid cargo in bulk, or of cargo-tank
cleaning;

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§ 155.710

33 CFR Ch. I (7–1–03 Edition)

(4) Is capable of reading, speaking,
and understanding in English, or a language mutually-agreed-upon with the
shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel
oil, a transfer of liquid cargo in bulk,
or cargo-tank cleaning, except that the
use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the
PIC on the tankship at all times during
the transfer or cargo-tank cleaning;
and
(iii) Is knowledgeable about, and conversant with terminology of, ships,
transfers, and cargo-tank cleaning; and
(5) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank
cleaning, with or without an interpreter.
(d) On each foreign tank barge, the
operator or agent of the vessel shall
verify to his or her satisfaction that
each PIC either of the transfer of liquid
cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the COW, inert-gas, and
vapor-control systems—to safely conduct a transfer of fuel oil, a transfer of
liquid cargo in bulk, or cargo-tank
cleaning;
(2) Except as provided in paragraph
(g) of this section, holds a DangerousCargo Endorsement or Certificate
issued by a flag state party to STCW,
or other form of evidence acceptable to
the Coast Guard, attesting the PIC’s
meeting the requirements of Chapter V
of STCW as a PIC of the transfer of fuel
oil, of the transfer of liquid cargo in
bulk, or of cargo-tank cleaning;
(3) Is capable of reading, speaking,
and understanding in English, or a language mutually-agreed-upon with the
shoreside PIC of the transfer, all in-

structions needed to commence, conduct, and complete a transfer of fuel
oil, a transfer of liquid cargo in bulk,
or cargo-tank cleaning, except that the
use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the
PIC on the tankship at all times during
the transfer or cargo-tank cleaning;
and
(iii) Is knowledgeable about, and conversant with terminology of, ships,
transfers, and cargo-tank cleaning; and
(4) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank
cleaning, with or without an interpreter.
(e) The operator or agent of each vessel to which this section applies shall
verify to his or her satisfaction that
the PIC of any transfer of fuel oil requiring a Declaration of Inspection—
(1) On each inspected vessel required
by 46 CFR chapter I to have a licensed
person aboard, holds a valid license
issued under 46 CFR part 10 authorizing
service as a master, mate, pilot, engineer, or operator aboard that vessel, or
holds a valid merchant mariner’s document endorsed as Tankerman-PIC;
(2) On each uninspected vessel, either
complies with the requirements of
paragraph (e)(1) of this section or carries a letter satisfying the requirements of § 155.715 and designating him
or her as a PIC, unless equivalent evidence is immediately available aboard
the vessel or at his or her place of employment.
(3) On each tank barge, for its own
engine-driven pumps, either complies
with paragraph (e)(1) or (2) of this section or has been instructed by the operator or agent of the vessel both in his
or her duties and in the Federal statutes and regulations on water pollution
that apply to the vessel; or
(4) On each foreign vessel, holds a license or certificate issued by a flag
state party to STCW, or other form of
evidence acceptable to the Coast
Guard, attesting the qualifications of
the PIC to act as master, mate, pilot,
operator, engineer, or tankerman
aboard that vessel.

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Coast Guard, DHS

§ 155.750

(f) Except as provided in paragraph
(g) of this section, the operator or
agent of each self-propelled tank vessel
carrying oil or hazardous material in
bulk shall verify to his or her satisfaction that the PIC of the transfer of oil
or hazardous material in bulk to or
from a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement on his or her MMD and either a
license or a Certificate issued by a flag
state party to STCW authorizing service as a master, mate, pilot, engineer,
or operator aboard that vessel.
(g) The PIC of a cargo-tank cleaning
on a vessel at a tank-cleaning facility
or shipyard need not hold any of the licenses, documents, certificates, or endorsements required in paragraphs (a)
through (f) of this section, if he or she
is a National Fire Protection Association Certificated Marine Chemist.
[CGD 79–116, 60 FR 17141, Apr. 4, 1995, as
amended by CGD 79–116, 61 FR 25126, May 8,
1997; CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.715 Contents of letter of designation as a person-in-charge of the
transfer of fuel oil.
The letter of instruction required in
§ 155.710(e)(2) must designate the holder
as a person-in-charge of the transfer of
fuel oil and state that the holder has
received sufficient formal instruction
from the operator or agent of the vessel to ensure his or her ability to safely
and adequately carry out the duties
and responsibilities of the PIC described in 33 CFR 156.120 and 156.150.
[CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.720

Transfer procedures.

The operator of a vessel with a capacity of 250 or more barrels of oil, hazardous material, or liquefied gas as
regulated in Table 4 of 46 CFR part 154
shall provide transfer procedures that
meet the requirements of this part and
part 156 of this chapter for transferring—
(a) To or from the vessel; and
(b) From tank to tank within the
vessel.
[CGD 86–034, 55 FR 36254, Sept. 4, 1990, as
amended by CGD 79–116, 62 FR 25127, May 8,
1997]

§ 155.730 Compliance with transfer
procedures.
The vessel operator of each vessel required by § 155.720 to have transfer procedures shall maintain them current
and shall require vessel personnel to
use the transfer procedures for each
transfer operation.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.740 Availability of transfer procedures.
The transfer procedures required by
§ 155.720 must be:
(a) Available for inspection by the
COTP or OCMI whenever the vessel is
in operation;
(b) Legibly printed in a language or
languages understood by personnel engaged in transfer operations; and
(c) Permanently posted or available
at a place where the procedures can be
easily seen and used by members of the
crew when engaged in transfer operations.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.750 Contents of transfer procedures.
(a) The transfer procedures required
by § 155.720 must contain, either in the
order listed or by use of a cross-reference index page:
(1) A list of each product transferred
to or from the vessel, including the following information:
(i) Generic or chemical name;
(ii) Cargo information as described in
§ 154.310(a)(5)(ii) of this chapter; and
(iii) Applicability of transfer procedures;
(2) A description of each transfer system on the vessel including:
(i) A line diagram of the vessel’s
transfer piping, including the location
of each valve, pump, control device,
vent, and overflow;
(ii) The location of the shutoff valve
or other isolation device that separates
any bilge or ballast system from the
transfer system; and
(iii) A description of and procedures
for emptying the discharge containment system required by §§ 155.310 and
155.320;

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