(a) This subpart contains regulations concerning transfer of combustible liquids, certain flammable liquids, and other hazardous materials to or from portable tanks and Intermediate Bulk Containers (IBCs) on vessels.

(b) This subpart applies to the following portable tanks and IBCs:

(1) A marine portable tank (MPT).

(2) An IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank.

(3) A portable tank authorized for hazardous materials by the Associate Administrator for Hazardous Materials Safety (AAHMS) of the Pipeline and Hazardous Materials Safety Administration (PHMSA), under a special permit or Competent Authority Approval issued in accordance with 49 CFR part 107, subpart H.

(4) An IBC, but restricted to those metal IBCs as described in § 98.30-6 of this subpart.

(a) Certain material is incorporated by reference into this subpart 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 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 U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(b) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom, (Phone (44 020 7735 7611); Web site: http://www.imo.org.)

(1) International Maritime Dangerous Goods (IMDG) Code, 2012 Edition, Section: 4.2.0.1, IBR approved for § 98.30-3.

(2) International Maritime Dangerous Goods (IMDG) Code, 2012 Edition, Section: 6.7.2 through 6.7.2.20.3, IBR approved for § 98.30-5.

IBC means an intermediate bulk container as defined in 49 CFR 171.8.

IM 101 portable tank and IM 102 portable tank means a portable tank constructed and approved by PMSA and manufactured on or before January 1, 2003, that meets the requirements for continued use under 49 CFR 173.32.

IMO Type 1 portable tank means a portable tank constructed in accordance with International Maritime Dangerous Goods (IMDG) Code (2012 Edition), that meets the definition of an IMO Type 1 portable tank under Section 4.2.0.1 of the IMDG Code (incorporated by reference, see § 98.30-2), and that meets the provisions for continued use under the IMDG Code.

IMO Type 2 portable tank means a portable tank constructed in accordance with the IMDG Code, that meets the definition of an IMO Type 2 portable tank under Section 4.2.0.1 of the IMDG Code (incorporated by reference, see § 98.30-2), and that meets the provisions for continued use under the IMDG Code.

MPT means a marine portable tank that was inspected and stamped by the Coast Guard on or before September 30, 1992, and that meets the applicable requirements in this part and part 64 of this chapter.

UN portable tank means a portable tank constructed in accordance with 49 CFR 178.274 and 178.275, and approved in accordance with 49 CFR 173.32 and 178.273.

Each MPT on a vessel to which this part applies must bear, on a metal or other corrosion-resistant tag—

(a) An inspection date for pressure relief devices and vacuum relief devices in accordance with paragraph (b) of § 64.79 of this chapter that is not more than 12 months earlier than the month in which the vessel is operated;

(b) An inspection date in accordance with paragraph (b) of § 64.81 of this chapter that is not more than 30 months earlier than the month during which the vessel is operated; and

(c) A hydrostatic test date in accordance with paragraph (b) of § 64.83 of this chapter that is not more than 60 months earlier than the month during which the vessel is operated.

(a) Each portable tank, other than an MPT, on board a vessel to which this part applies must be one of the following:

(1) An IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank authorized for its contents in accordance with 49 CFR 172.101, Hazardous Materials Table, Columns 7 and 8C.

(2) A portable tank authorized by PHMSA's AAHMS under a special permit or Competent Authority Approval issued in accordance with 49 CFR part 107, subpart H.

(i) According to the terms of the special permit or Competent Authority Approval, equivalent to an IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank.

(ii) Authorized for its contents under the terms of the special permit or by written acknowledgment from the AAHMS.

(b) Each IM 101, IM 102, or UN portable tank must be tested and inspected in accordance with 49 CFR part 180, subpart G and follow specifications in accordance with 49 CFR 178.275(c).

(c) Each IMO Type 1 or IMO Type 2 portable tank must be tested and inspected in accordance with Sections 6.7.2 through 6.7.2.20.3 of the IMDG Code (incorporated by reference, see § 98.30-2).

(d) Each portable tank authorized under a special permit or Competent Authority Approval from PHMSA's AAHMS must be inspected, tested, maintained, and used in accordance with the terms of that special permit or Competent Authority Approval.

Intermediate Bulk Containers (IBCs) with a classification of 31A may be used on a vessel to which this part applies and must meet at a minimum the following constructional requirements:

(a) The shell thickness must be a minimum 6.36 mm (0.25 inches) in reference steel.

(b) There must be a self-closing relief valve set to open at no less than 5 psig.

(c) Closures used on fill openings, in excess of 20 square inches, must be equipped with a device to prevent them from fully opening without first relieving internal pressure.

(d) All venting requirements must be followed in accordance with 49 CFR 178.345-10, Table 1.

(a) The following hazardous materials may be transferred to and from a portable tank under this subpart:

(1) Any Grade D or Grade E combustible liquid listed in § 30.25-1 of this chapter that does not meet the definition of any hazard class in 49 CFR part 173 other than that of “flammable liquid”, “combustible liquid”, “hazardous substance, or hazardous waste”;

(2) Any corrosive liquid that—

(i) Is compatible with the materials of the tank;

(ii) Meets the definition of no other hazard class in 49 CFR part 173; and

(iii) Is authorized for transport in an IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank under subpart F of 49 CFR part 173;

(3) Any hazardous material listed in Table 98.30-7(a)—Certain Hazardous Materials Authorized For Transfer To and From Portable Tanks;

(4) Any environmentally hazardous substance, liquid, N.O.S., Class 9, listed in table 1 of appendix A of 49 CFR 172.101, and any aqueous solution of an environmentally hazardous substance, solid, N.O.S., Class 9, listed in that table, that meets the definition of “hazardous substance” in 49 CFR 171.8; and

(5) Other cargoes subject to regulation under 49 CFR parts 171 through 176 when authorized in writing by the Commandant. Requests for such authorization must be submitted as prescribed in § 153.900(d)(1) of this chapter.

(b) Grade D and Grade E combustible liquids with a flashpoint of 100 °F (38 °C) or higher by closed cup test that are not listed by name in the Hazardous Materials Table of 49 CFR 172.101 may be transferred to and from an MPT, IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank conforming to the T Code “T1” specified in 49 CFR 172.102(c)(7)(i).

(c) Sulfuric acid having a concentration of not over 51 percent may be transferred to or from an MPT only if the MPT is lined with rubber or with material equally acid-resistant and equally strong and durable.

(d) Sulfuric acid having a concentration of 65.25 percent or greater may be transferred to or from any portable tank; provided that the corrosion rate on steel, measured at 100 °F (38 °C), of sulfuric acid having a concentration of greater than 65.25 percent is not greater than the corrosion rate of such an acid having a concentration of 65.25 percent.

(e) Environmentally hazardous substances (see paragraph (a)(4) of this section) may be transferred only to and from an MPT, IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank.

(f) A portable tank authorized for transfer of hazardous material in this section may be substituted by another portable tank in accordance with 49 CFR 173.32(b).

(g) No hazardous material not referred to in this section may be transferred to or from a portable tank onboard a vessel.

Any hazardous material listed in Table 98.30-7(a) of § 98.30-7 may be transferred to and from an IBC under this subpart, with the exception of Liquid Nitrogen.

(a) No person may lift a portable tank and/or IBC with another portable tank and/or IBC.

(b) All lifting requirements for IBCs must be followed in accordance with 49 CFR 178.704(c) and (f).

No person may smoke within 50 feet of a portable tank or IBC on the deck on which the tank is stowed.

No person may transfer a hazardous material to or from a portable tank onboard a vessel unless each gasket and the lining of the portable tank are made of a material that is—

(a) Chemically compatible with the product for which the portable tank is approved; and

(b) Resistant to deterioration by the product for which the portable tank is approved.

(a) No person may operate a vessel to which this subpart applies unless each portable tank and/or IBC is stowed on an open deck.

(b) No person may stow a portable tank and/or IBC—

(1) In the vicinity of another tank that contains a chemically incompatible product; and

(2) Unless all electrical equipment is explosion-proof or intrinsically safe, as defined in §§ 111.105-9 and 111.105-11 of this chapter, in the area of the tank and its associated equipment that is—

(i) Within 10 feet in any horizontal direction; and

(ii) Within 8 feet above the deck.

(c) All IBCs must be secured as specified in 49 CFR 176.74.

(a) No person may transfer a hazardous material to or from a portable tank or IBC onboard a vessel, unless each filling and discharge opening in the tank bottom is equipped with the following:

(1) For an IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank, the closures specified in 49 CFR 178.275.

(2) For an MPT, the valves and closures specified in §§ 64.33 through 64.41 of this chapter.

(3) For an IBC, the closures specified in 49 CFR 178.705.

(b) A manifold cannot be used when transferring a hazardous material to or from a portable tank or IBC onboard a vessel, unless the portable tank or IBC is equipped with a remote or automatic shutoff valve or other automatic means of closure that will activate during an emergency.

No person may operate a cargo pump to transfer a product to or from a portable tank unless the pump is installed—

(a) Above deck; or

(b) Below deck, in conformance with subpart 32.60 of this chapter.

No person may transfer an inflammable or combustible product to or from a vessel unless—

(a) The portable tank or IBC and its pumping equipment is electrically grounded to the hull of the vessel; and

(b) The vessel is electrically grounded to an offshore platform, shore piping, or another vessel by a—

(1) Cargo hose constructed with an integral grounding wire if the end connections are used for electrical continuity; or

(2) Separate grounding that is maintained until the cargo hose is disconnected and drained.

(a) The person in charge of a ship, except a ship under subpart 98.31 of this chapter, that carries an NLS in a portable tank must ensure that—

(1) The ship's Certificate of Inspection is endorsed with the name of the NLS;

(2) Any letters issued by the Commandant (CG-ENG) prescribing additional conditions for endorsement are attached; and

(3) Each operating requirement specified in writing by Commandant (CG-ENG) as a condition for endorsement is met.

(b) To have a ship's Certificate of Inspection endorsed to allow the carriage of NLSs in portable tanks, the—

(1) Owner of the ship must make a request to the Commandant (CG-ENG) following the procedures for requesting alternatives in § 153.10(a) of this chapter; and

(2) The ship must meet any design and equipment requirements specified in writing as a condition for the endorsement by the Commandant (CG-ENG).

(c) Any ship that carries NLSs in an IBC, as described in § 98.30-6, must meet all requirements in accordance with 46 CFR 125.120.

(a) No person may transfer a product to or from a vessel unless there is a container or enclosed deck area that meets the requirements of this section under or around each transfer connection area.

(b) Each container or enclosed deck area must hold, in all conditions of vessel list or trim to be encountered during the transferring operation, 5 gallons or more and must have a means of draining or removing any leakage without mixing incompatible products or discharging into the water.

(a) The operator or agent of each vessel must designate the person in charge of a transfer of liquid cargo in bulk to or from a portable tank or IBC.

(b) Each person designated as person in charge of a transfer of liquid cargo in bulk to or from a portable tank or IBC must—

(1) On a tank barge, hold a “Tankerman-PIC”, restricted “Tankerman-PIC”, “Tankerman-PIC (Barge)”, or restricted “Tankerman-PIC (Barge)” endorsement on his or her merchant mariner credential or merchant mariner's document authorizing transfer of the classification of cargo involved;

(2) On a self-propelled tank vessel, or on a tankship, carrying oil or hazardous material in bulk, hold a valid merchant mariner credential, license, or certificate authorizing service as a master, mate, pilot, engineer, or operator aboard that vessel, and a Tankerman-PIC or a restricted Tankerman (PIC) endorsement.

(a) No person may connect, top off, disconnect, or engage in any other critical product transfer operation unless the person in charge designated in § 98.30-17, personally supervises the operation.

(b) No person may start the flow of a product to or from a portable tank or IBC unless instructed to do so by the person in charge.

(c) No person may transfer a product to or from a portable tank or IBC unless the person in charge is in the immediate vicinity of the transfer operation and immediately available to the person transferring the product.

No person may transfer to or from a portable tank or IBC a product with a flashpoint of less than 300 °F unless the person in charge of the transfer determines that—

(a) Each warning signal and sign required in §§ 98.30-33 and 98.30-35 is displayed;

(b) No repair work in the vicinity of any portable tank or IBC is done without permission of the person in charge of the transfer operation; and

(c) Riveting, welding, burning, or a similar operation is not done in the vicinity of a portable tank or IBC unless an inspection by the person in charge of the transfer ensures that the operation can be done safely.

No person may transfer a product to or from a portable tank or IBC unless—

(a) The vessel's moorings are strong enough to hold in 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) Transfer hoses or loading arms are long enough to allow the vessel to move the limits of its mooring without placing strain on the hose, loading arm, or transfer piping system;

(c) Each transfer hose is supported in a manner that prevents strain on its coupling;

(d) Each part of the transfer system necessary to allow the flow of the product is lined up for the transfer;

(e) Each transfer hose has no loose covers, kinks, bulges, soft spots, and no gouges, cuts, or slashes that penetrate the hose reinforcement;

(f) Each coupling meets the requirements of § 98.30-27;

(g) Each scupper or drain in a discharge containment system is closed;

(h) The person in charge of the transfer operations on the transferring vessel or facility and the person in charge of the transfer operations on the receiving vessel or facility have held a conference, to ensure that each person in charge understands—

(1) The identity of the product to be transferred;

(2) The sequence of transfer operations;

(3) The transfer rate;

(4) The name or title and location of each person participating in the transfer operation;

(5) Particulars of the transferring and receiving systems;

(6) Critical stages of the transfer operations;

(7) Federal, state, and local rules that apply to the transfer of dangerous articles and combustible liquids;

(8) Emergency procedures;

(9) Discharge containment procedures;

(10) Discharge reporting procedures;

(11) Watch or shift arrangement; and

(12) Transfer shutdown procedures;

(i) The person in charge of the transfer operations on the transferring vessel or facility and the person in charge of transfer operations on the receiving vessel or facility agree to begin the transfer operations; and

(j) Each person in charge required in this subpart is present.

No person may transfer a product to or from a portable tank or IBC unless the cargo handling system meets the requirements in subpart F of part 64 of this chapter.

(a) Each person who makes a connection for a transfer operation must—

(1) Use suitable material in joints and couplings to make a tight seal;

(2) Use a bolt in at least every other hole and in no case less than four bolts in each temporary connection utilizing an American National Standards Institute (ANSI) standard flange coupling;

(3) Use a bolt in each hole of couplings other than ANSI standard flange couplings;

(4) Use a bolt in each hole of each permanently connected flange coupling;

(5) Use bolts of the same size in each bolted coupling; and

(6) Tighten each bolt and nut uniformly to distribute the load.

(b) No person who makes a connection for a transfer operation may use any bolt that shows signs of strain or is elongated or deteriorated.

(c) No person may use a connection for transfer operations unless it is—

(1) A bolted or full threaded connection; or

(2) A quick-connect coupling accepted by the Coast Guard.

No person may pipe a portable tank or IBC with another tank that contains a chemically incompatible product.

No person may start pumping a product to or from a portable tank or IBC or if started, continue to pump if—

(a) There is an electrical storm;

(b) A fire occurs—

(1) On the deck;

(2) On the vessel;

(3) In the vicinity; or

(c) The cargo hose ruptures or leaks.

(a) If the vessel is moored, no person may transfer to or from a portable tank or IBC a product with a flashpoint of less than 300 °F unless the person in charge displays a—

(1) Red flag by day; and

(2) Red electric lantern by night.

(b) If the vessel is at anchor, no person may transfer to or from a portable tank or IBC a product with a flashpoint of less than 300 °F unless the person in charge displays a red flag.

(c) The signal required in paragraphs (a) and (b) of this section must be visible on all sides of the vessel.

If a vessel is moored, no person may transfer to or from a portable tank or IBC a product with a flashpoint of less than 300 °F unless the person in charge displays at each gangway or access that is open for use a warning placard containing the following in letters 2 inches in height or larger:

No person may lift a portable tank on or off a vessel, or transfer a product with a flashpoint of less than 300 °F to or from a portable tank or IBC unless—

(a) Water pressure is maintained on the firemain;

(b) Firehoses, fitted with a Coast Guard-approved combination nozzle, are attached to each fire hydrant in the vicinity of the portable tanks;

(c) Except as provided in § 98.30-39, fire extinguishers of a dry chemical type are—

(1) Located to protect the deck area 10 feet in any horizontal direction from each portable tank and its associated cargo handling system;

(2) Coast Guard approved; and

(3) Capable of covering the deck area without being moved;

(d) In a deck area of 500 square feet or less, there are two or more dry chemical fire extinguishers of 300 pounds or more total capacity of extinguishing agent; and

(e) In a deck area of more than 500 square feet, there are three or more dry chemical fire extinguishers of 450 pounds or more total capacity of extinguishing agent.

An alternative to the fire extinguishing system required in § 98.30-37(c) may be approved in accordance with procedures contained in subpart 90.15 of this chapter.