00 00 00_COMBINED_W912DS-22-S-0023_SPECS_V5.pdf

Houghtaling Island Sand Harvesting, Hudson River, NY Federal Navigation Project 2023

SECTION 00 00 01 Page 1

PART 1 GENERAL

SECTION 00 00 01

COVER SHEET

06/23

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVENTATION FOR BIDS

FOR

HOUGHTALING ISLAND SAND

HARVESTING, NEW YORK

FEDERAL NAVIGATION PROJECT

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-21-S-0023.

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO

BIDDERS (Section 00 21 16).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL

OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 72 00 of this IFB.)

5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, Offerors, and applicants are cautioned to note the "Certification of Nonsegregated Facilities" in the solicitation.

Failure of bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000, which are not exempt from the provisions of Equal Opportunity Clause. (1984 APR)

6. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00 45 00

Bidders and Offerors are required to complete the REPRESENTATIONS AND

CERTIFICATIONS and submit them with their bids.

7. THIS PROJECT IS NOT A SMALL BUSINESS SET-ASIDE.

DOCUMENT 00 00 01 Page 2

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

-- End of Section --

SECTION 00 00 02 Page 1

ATTACHED IS IFB FOR

HOUGHTALING ISLAND

SAND HARVESTING

HUDSON RIVER NEW YORK

FEDERAL NAVIGATION PROJECT

SECTION 00 00 02

CHECK LIST FOR BIDDERS

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID INELIGIBLE FOR AWARD.

IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED TO THOSE

LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN

SUBMITTING A PROPER BID.

HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS"

(SECTION 00 45 00) PORTION OF THE SOLICITATION?

IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

IS YOUR BID PROPERLY SIGNED?

A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A BID BOND ON

STANDARD FORM 24 OR A SIMILAR FORM CONTAINING THE SAME LANGUAGE AS A

STANDARD FORM 24?

IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND

ARE ALL REQUIRED SEALS AFFIXED?

IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR BID AS ON

THE BID BOND?

IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID GUARANTEE IS

TREATED THE SAME AS A LATE BID)

HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY ALTERING THE

PROVISIONS OF THE SOLICITATION?

WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID ITEM? (THE

SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY INITIALED

BY THE PERSON SIGNING THE BID?

SECTION 00 00 02 Page 2

DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT IS A

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

OPENING TIME?

WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE SUBMISSIONS,

MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE INSTRUCTIONS, CONDITIONS,

AND NOTICES TO BIDDERS, SECTION 00 21 16 OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL

BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE

BUILDING. BIDDER IS RESPONSIBLE TO ENSURE THAT ITS BID IS SUBMITTED

TIMELY.

BIDDER IS RESPONSIBLE TO ENSURE BID IS SUBMITTED ON TIME.

SECTION 00 01 15 Page 1

1.1 SUMMARY

SECTION 00 01 15

LIST OF DRAWINGS

This section lists the drawings for the project pursuant to contract clause

"DFARS 252.236-7001, Contract Drawings, Maps and Specifications."

1.2 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer or Contracting Officer's Representative of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

c. In general:

(1) Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are available in the office of the District Engineer, U.S. Army Corps of Engineers, New

York District, 26 Federal Plaza, New York, N.Y. 10278-0090:

SECTION 00 01 15 Page 2

Contract drawings are as follows:

FY 2021

Sand Harvesting, Hudson River New York Federal Navigation Project

SHEET NO. DESCRIPTION

Sheet 1 Index & General Location Maps

Sheet 2 Houghtaling Island Offshore Hydrography

Sheet 3 Houghtaling Island Placement Site and Topography and Layout

Sheet 4 Notes and Details

f. The Contractor shall check all drawings furnished to him immediately upon their receipt and shall promptly notify the

Contracting Officer or Contracting Officer's Representative of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements unless dimensions are specified.

Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have thereby been avoided (DOD FAR Suppl.

52.236-7002).

SECTION 00 90 01

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

1.1 SUBMITTALS

Not Used

3.1 ATTACHMENTS

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 Attachment A Daily Construction Quality Control Report

3.1.2 Attachment B Project Sign and Safety Sign

3.1.3 Attachment C Oil and Hazardous Material Operations

3.1.4 Attachment D Guideline for Preparing the Accident Prevention Plan

3.1.5 Attachment E USACE Transportation and Placement Log

3.1.6 Attachment F Daily Site Safety and Health Inspection Log

3.1.7 Attachment G Sediment – Physical and Chemistry Data Reports

3.1.8 Attachment H Location of Ice House Sites A, B and C

3.1.9 Attachment I Horizontal and Vertical Control

3.1.10 Attachment J Submittal Register

SECTION 00 90 01 Page 1

Attach list of items of equipment either idle or working as appropriate

Indicate location and description of work performed refer to work by prime and/or subcontractors by letter in table above

Indicate whether: P- Preparatory, I - Initial, or F - Follow-up and include satisfactory work completed or deficiencies with action to be taken.):

A

VERBAL INSTRUCTIONS RECEIVED: List any instructions given by Government personnel on construction deficiencies, retesting required, etc., with action to be taken.)

REMARKS: Cover any conflicts in plans, specifications or instructions: acceptability of incoming materials ; offsite surveillance activities; progress of work, delays, causes and extent thereof; days of no work with reasons for same.

Note if a Preparatory or Initial Phase Meeting was held, and attach a copy of the checklist.

REQUESTS FOR INFORMATION Note that there is an RFI attached to this daily report, assign a control number and attach a sheet to this report which fully describes the RFI , and recommends a solution if applicable

ENVIRONMENTAL QUALITY CONTROL

VISITORS TO THE SITE (List the name of all official visitors to the site and who they represent i.e. State DEP, OSHA)

SAFETY Include all infractions of the accident prevention plan; COE Safety and Health Requirements Manual, EM 385-1-1; or instructions from Government QA personnel. Describe corrective actions taken.

PREPARATORY PHASE CHECKLIST

INITIAL PHASE CHECKLIST

The graphic format for this 4' x 6' sign panel follows the legend guidelines and layout as specified below. The large 4' x 4' section of the panel in the right is to be white with black legend. The 2' x 4' section of the sign on the left with the full corps Signature (reverse version) is to be screen printed Communications Red on the white background. The castle insignia will be furnished by the Government in pressure sensitive vinyl for affixing by the Contractor.

See attached sheet for fabrication and mounting guidelines.

SAMPLE:

2"

WH-RD/BK

* Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

Show non-Federal local partner's name and logo - Port Authority of New York and New Jersey

CID-01 various 4' x 6' 4' x 4' HDO-3

Color Size Size Code Height Bkg/Lgd

48" Type

LegendSign Panel Post Specification Mounting

NEW YORK AND NEW JERSEY

3"

(Dimensions are in inches) 3" 21" 1" 21"

7.75"

9.5"

3" 21" 3" 42" 3"

1.875"

1.875"

1.875"

1.875"

PHASE II, CONTRACT 4, AREA 7

ELIZABETH, NEW JERSEY

4.5"

4.5"

6"

2.25"

NAVIGATION IMPROVEMENT PROJECT

NEW YORK HARBOR

KILL VAN KULL AND NEWARK BAY

CHANNELS

Construction Supervised by:

US Army Corps of Engineers

NORTH ATLANTIC DIVISION

NEW YORK DISTRICT

Construction

LOCAL SPONSORS

PORT AUTHORITY OF

right upper and lower case with

(architect, general contractor, etc.), corporate or firm name, city, state.

Use of Legend Group 5 is optional.

Color: Black

Legend Group 5a-b: One-to-five initial capitals only as shown.

Letter and word spacing to follow Corps standards.

Typeface: 1.25" Helvetica Regular Maximum line length: 21"

All typography is flush left and rag line identification of prime contractors including: type

Cross-align the first of Legend Group 4 with the first line of the Corps Signature (US Army Corps) as shown.

Color: Black Typeface: 1.5" Helvetica Regular Maximum line length: 42"

Legend Group 4: One-to two-line identification of project or facility (civil works) or name of sponsoring department (military).

Color: Black Typeface: 3" Helvetica Bold Maximum line length: 42"

Legend Group 3: One-to three-line project title legend describes the work being done under this contract.

Castle) Color: white Typeface: 1.25" Helvetica Regular

6"

PROJECT IDENTIFICATION SIGN

CIVIL PROJECT

4.5"

6.25"

10.5"

2.5"

Contractor:

Legend Group 1: One to two-line description of Corps relationship to project Color: white

District Name (optional, Place below 10.5" Reverse Signature (6"

Typeface: 1.25" Helvetica Regular Maximum line length: 19"

Legend Group 2: Division or

B

As Construction Project Identification signs Detailed specifications for and Safety Performance signs are to be HDD plywood panel preparation are pro-fabricated and installed as described vided in Appendix B.** below. The signs are to be erected at a Shown below the mounting diagram is location deignated by the contracting of- a panel layout grid with spaces provided ficer and shall conform to the size, format, for project information. Photocopy this and typographic standards. page and use as a worksheet when pre-apring sign legend orders.

The sign panels are to be fabri-cated from .75" High Density Over-lay Plywood. Panel preparation to follow HDD specifications.

Sign graphics to be prepared on a white non-reflective vinyl film with positionable adhesive backing.

All graphics except for the Com-munications Red background with Corps signature on the project sign are to be die-cut or computer-cut non-reflective vinyl, pre-spaced legends prepared in the sizes and typefaces specified and applied to the background panel following the graphic formats shown on the attached sheets.

The 2'x4' Communications Red panel (to match PMS-032) with full Corps signature (reverse ver-sion) is to be screen printed on the white background. Identifica-tion of the District or Division may be applied under the signature with white cut vinyl letters pre-pared to Corps standards. Large Construction Project Sign scale reproduction artwork for the Legend Group 1: Corps Relationship signature is provided on page 4.8

Drill and Insert six (6) .375" T-nuts from the front face of the HDD Legend Group 2: Divison/District Name

Apply graphic panel to prepared Legend Group 3: Project Title HDD plywood panel following better. Post to be 12" long. Drill six (6) .375" mounting holes in Legend Group 4: Facility Name uprights to align with T-nuts in sign

Assemble sign panel and uprights. Legend Group 5a: Contractor/A&E Legend Group 5b: Contractor /A&E Imbed assembled sign panel and

Safety Performance Sign Legend Group 1: Project Title

Fabrication and Mounting Guidelines

48"

48"

(Dimensions in inches)

** Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EP-310-1-6.

18"

(photographically enlarge from 1.6.875" to 10.5"). ** 2.

sign panel. Position holes as 1.shown. Flange of T-nut to be flush with sign face. 2.

manufacturers' instructions. 1.

2.Sign uprights to be structural grade 4"x4" treated Douglas Fir

3.or Southern Yellow Pine. No.1 or panel. Countersink (.5") back of 1.hole to accept socket head cap screw (4"x.375"). 2.

uprights in 4" hole. Local soil con- 1. 1.ditions and/or wind loading may require bolting additional 2"x4" 2. 2.struts on inside face of uprights to reinforce installation as shown. 3. 3.

4. 4.

Legend Group 2: Contractor/A&E

1.

2.

5. 5.

1.

2.

B 2

The graphic format, color, size and type-faces used on the sign are to be reproduced exactly as specified below. The title with First Aid logo in the top section of the sign, and the performance record captions are standard for all signs of this type. Legend Group 2 and 3 below identify the project and the contractor and are to be placed on the sign as shown.

Safety record numbers are mounted on individual metal plates and are screw-mounted to the background to allow for daily revisions to posted safety performance record.

Legend Group1: Standard two-line title "safety is a Job Requirement", with (8" od.) Safety Green First Aid logo. Color: To match PMS 347 Typeface: 3" Helvetica Bold Color: Balck

NAVIGATION CHANNEL IMPROVEMENT

Legend Group 2: One- to two-line KVK & NB CHANNELS project title legend describes the PHASE II, CONTRACT 4 work being done under this contract and name of host project.

Color: Black 2.25" ELIZABETH, NEW JERSEY Typeface: 1.5" Helvetica Regular Maximum line length: 42"

2.25" Contractor:

Legend Group 3: One - to two-line identification: name of prime This project has Days without & contractor and city, state address. 1.875" operated: lost time injury 4.875" Color: Black Typeface: 1.5" Helvetica Regular Total days worked Maximum line length: 42" 1.875" on this contract 4.875"

Legend Group 4: Standard safety Lost time record captions as shown. 1.875" injuries 4.875" Color: Black

Typeface: 1.25" Helvetica Regular

Replaceable numbers are to be mounted on white .060: aluminum plates and screw-mounted to background.

Color: Black Typeface: 3" Helvetica Regular Plate size: 2.5"x.5"

All typography is flush left and rag right, upper and lower case with initial capitals only as shown.

Letter- and word-spacing to follow Corps standards.

* Refer to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

Sign Legend Post Specifications Mounting Color Type Size Size Code Height Bkg/Lgd CID-02 various HDO-3 48" WH/BK-GR

SAFETY PERFORMANCE SIGN

Safety is a Job Rquirement

3" 3"8"

3"

3"

4"

3"

10.5"

3" 31"

Dimensions inches.

3" 2" 17"

6"

3.875"

4.5"

See attached sheet for fabrication and mounting guidelines.

Panel Size 4"x4" 4"x4"

2.5" 2.5"

.875"

3.125"

.975"

2.5"

B 3

[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR154.105]

[Page 314-316]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

(CONTINUED)

PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

--Table of Contents

Subpart A_General

Sec. 154.105 Definitions.

As used in this part:

Barrel means a quantity of liquid equal to 42 U.S. gallons. Boundary Line means any of the lines described in 46 CFR part 7. Captain of the Port (COTP) means the U.S. Coast Guard officer commanding a Captain of the Port Zone described in Part 3 of this chapter, or that person's authorized representative.

Caretaker Status denotes a facility where all piping, hoses, loading arms, storage tanks, and related equipment in the marine transfer area are completely free of oil or hazardous materials, where these components have been certified as being gas free, where piping, hoses, and loading arms terminating near any body of water have been blanked, and where the facility operator has notified the COTP that the facility will be in caretaker status.

Commandant means the Commandant of the Coast Guard or an authorized representative.

Contiguous Zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, but not extending beyond 12 miles from the baseline from which the breadth of the territorial sea is measured.

District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in Part 3 of this chapter or an authorized representative.

Facility means either an onshore or offshore facility, except for an offshore facility operating under the jurisdiction of the Secretary of the Department of Interior, and includes, but is not limited to, structure, equipment, and appurtenances thereto, used or capable of being used to

C transfer oil or hazardous materials to or from a vessel or public vessel. Also included are facilities that tank clean or strip and any floating structure that is used to support an integral part of the facility's operation. A facility includes federal, state, municipal, and private facilities.

Facility operator means the person who owns, operates, or is responsible for the operation of the facility. Hazardous material means a liquid material or substance, other than oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or (e).

Marine transfer area means that part of a waterfront facility handling oil or hazardous materials in bulk between the vessel, or where the vessel moors, and the first manifold or shutoff valve on the pipeline encountered after the pipeline enters the secondary containment required under 40

CFR 112.7 or 49 CFR 195.264 inland of the terminal manifold or loading arm, or, in the absence of secondary containment, to the valve or manifold adjacent to the bulk storage tank, including the entire pier or wharf to which a vessel transferring oil or hazardous materials is moored.

MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, November 2, 1973) as modified by the Protocol of 1978 relating to the

International Convention for the Prevention of Pollution from Ships, 1973 (done at

London, February 17, 1978).

Mobile facility means any facility that can readily change location, such as a tank truck or tank car, other than a vessel or public vessel.

Monitoring device means any fixed or portable sensing device used to monitor for a discharge of oil or hazardous material onto the water, within or around a facility, and designed to notify operating personnel of a discharge of oil or hazardous material.

Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast Guard officer commanding a Marine Inspection Zone described in Part 3 of this chapter, or an authorized representative.

Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the

United States and is located in, on, or under any other waters, other than a vessel or a public vessel.

Oil means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

Onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under any land within the United States other than submerged land.

Person in charge means an individual designated as a person in charge of transfer operations under Sec. 154.710 (for facilities) or Sec. 155.700 (for vessels) of this chapter.

C 2

STCW means the International Convention on Standards of Training, Certification, and

Watchkeeping for Seafarers, 1978.

Self-propelled tank vessel means a self-propelled tank vessel other than a tankship.

Tank barge means a non-self-propelled tank vessel.

Tankship means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.

Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the

United States.

Transfer means any movement of oil or hazardous material to, from, or within a vessel by means of pumping, gravitation, or displacement. A transfer is considered to begin when the person in charge on the transferring vessel or facility and the person in charge on the receiving facility or vessel first meet to begin completing the declaration of inspection as required by Sec. 156.150 of this chapter. A transfer is considered to be complete when all the connections for the transfer have been uncoupled and secured with blanks or other closure devices and both of the persons in charge have completed the declaration of inspection to include the date and time the transfer was complete.

Vessel operator means a person who owns, operates, or is responsible for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 61 FR 41458, Aug. 8, 1996; 62

FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 25125, May 8, 1997]

TRANSFER OPERATIONS--Table of Contents

Subpart A_Oil and Hazardous Material Transfer Operations

Sec.

156.100 Applicability.

156.105 Definitions.

156.107 Alternatives.

156.110 Exemptions.

156.111 Incorporation by reference.

C 3

156.112 Suspension order.

156.113 Compliance with suspension order.

156.115 Person in charge: Limitations.

156.118 Advance notice of transfer.

156.120 Requirements for transfer.

156.125 Discharge cleanup.

156.130 Connection.

156.150 Declaration of inspection.

156.160 Supervision by person in charge.

156.170 Equipment tests and inspections.

Subpart B_Special Requirements for Lightering of Oil and Hazardous Material Cargoes

156.200 Applicability.

156.205 Definitions.

156.210 General.

156.215 Pre-arrival notices.

156.220 Reporting of incidents.

156.225 Designation of lightering zones.

156.230 Factors considered in designating lightering zones.

Subpart C_Lightering Zones and Operational Requirements for the Gulf of Mexico

156.300 Designated lightering zones.

156.310 Prohibited areas.

156.320 Maximum operating conditions.

156.330 Operations.

Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.11735, 3 CFR 1971-1975

Comp., p. 793. Section 156.120(bb) and (ee) are also issued under 46 U.S.C. 3703.

This subpart applies to the transfer of oil or hazardous material on the navigable waters or contiguous zone of the United States to, from, or within each vessel with a capacity of 250 barrels or more; except that, this subpart does not apply to transfer operations within a public vessel.

C 4

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.105 Definitions.

Except as specifically stated in a section, the definitions in Sec. 154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.107 Alternatives.

(a) The COTP may consider and approve alternative procedures, methods, or equipment standards to be used by a vessel or facility operator in lieu of any requirements in this part if:

(1) Compliance with the requirement is economically or physically impractical;

(2) The vessel or facility operator submits a written request for the alternative at least 30 days before operations under the alternative are proposed, unless the COTP authorizes a shorter time;

and

(3) The alternative provides an equivalent level of safety and protection from pollution by oil or hazardous material, which is documented in the request.

(b) The COTP takes final approval or disapproval action on any alternative requested, in writing, within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.110 Exemptions.

(a) The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, may grant an exemption or partial exemption from compliance with any requirement in this part, and the District Commander may grant an exemption or partial exemption from compliance with any operating condition or requirement in subpart C of this part, if:

(1) The vessel or facility operator submits an application for exemption via the COTP at least

30 days before operations under the exemption are proposed, unless the COTP authorizes a shorter time; and

(2) It is determined, from the application, that:

C 5

(i) Compliance with a specific requirement is economically or physically impractical;

(ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of safety and protection from pollution by oil or hazardous material; and

(iii) The likelihood of oil or hazardous material being discharged as a result of the exemption is minimal.

(b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and reasons for the exemption and proposed procedures, methods or equipment standards.

(c) The exemption may specify the procedures, methods, or equipment standards that will apply.

(d) An exemption is granted or denied in writing. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 93-081, 60 FR 45017, Aug. 29, 1995;

CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056, 61 FR 41461, Aug. 8, 1996; CGD0 97-

023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.111 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 the 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 Compliance (G-MOC), 2100 Second Street, SW, Washington, DC 20593-0001 and 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. All approved material 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:

Oil Companies International Marine Forum (OCIMF)

15th Floor, 96 Victoria Street, London SW1E 5JW, England.

Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988--

156.330.

International Chamber of Shipping

12 Carthusian Street, London EC1M 6EB, England.

Guide to Helicopter/Ship Operations, Third Edition, 1989--156.330.

C 6

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by CGD 96-026, 61 FR 33666, June 28, 1996; 69 FR 18803, Apr. 9, 2004]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.112 Suspension order.

The COTP or OCMI may issue a suspension order to suspend transfer operations to the vessel or facility operator when the COTP or OCMI finds there is a condition requiring action to prevent the discharge or threat of discharge of oil or hazardous material, or when the COTP or OCMI is unable to verify compliance with the regulations through an inspection. A suspension order:

(a) May be effective immediately;

(b) Is issued in writing unless it is effective immediately and then it may be issued orally and followed up in writing;

(c) Includes a statement of each condition requiring correction to--

(1) Prevent the discharge of oil or hazardous material; or

(2) Comply with Sec. 154.735 of this chapter; and

(d) Is withdrawn when the COTP, OCMI, or District Commander, as applicable, determines that the condition requiring action to prevent the discharge or threat of discharge of oil or hazardous material has been corrected or no longer exists.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR

36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.113 Compliance with suspension order.

(a) No vessel or facility operator to whom a suspension order has been issued may conduct transfer operations from the time the order is effective until that order is withdrawn by the applicable COTP, OCMI, or by the District Commander.

(b) The vessel or facility operator may request reconsideration of the suspension order either orally or in writing to the COTP or OCMI who issued it. The request may contain supporting documentation and evidence that the vessel or facility operator wishes to have considered.

(c) Any person not satisfied with a ruling made under the procedure contained in paragraph (b) of this section may appeal that ruling in writing, except as allowed under paragraph (e) of this section, to the Coast Guard District Commander of the district in which the suspension order was issued. The appeal may contain supporting documentation and evidence that the appellant wishes to have considered. The appeal does not stay the effect of the suspension order while the COTP or OCMI ruling is being reviewed. The District Commander issues a ruling after reviewing the appeal.

(d) The ruling by the District Commander is final agency action.

(e) If the delay in presenting a written appeal under paragraph (c)

C 7 of this section would have a significant adverse impact on the appellant, the appeal may initially be presented orally. If an initial presentation of the appeal is made orally, the appellant must submit the appeal in writing within five days of the oral presentation to the District Commander to whom the oral appeal was made, containing, at a minimum the basis for the appeal and a summary of the material presented orally.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.115 Person in charge: Limitations.

(a) No person may serve as the person in charge of transfer operations on more than one vessel at a time during transfers between vessels or between two or more vessels and a facility unless authorized by the COTP.

(b) No person may serve as the person in charge of both a vessel and a facility during transfer operations unless authorized by the COTP.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.118 Advance notice of transfer.

(a) The COTP may require a facility operator to notify the COTP of the time and place of each transfer operation at least 4 hours before it begins for facilities that:

(1) Are mobile;

(2) Are in a remote location;

(3) Have a prior history of oil or hazardous material spills; or

(4) Conduct infrequent transfer operations.

(b) In the case of a vessel to vessel transfer, the COTP may require a vessel operator of a lightering or fueling vessel to notify the COTP of the time and place of each transfer operation, as specified by the COTP, at least 4 hours before it begins.

(c) No person may conduct such transfer operations until advance notice has been given as specified by the COTP.

Note: The notification may be accomplished by submitting a written schedule, periodically updated to be current.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

C 8

Sec. 156.120 Requirements for transfer.

A transfer is considered to begin when the person in charge on the transferring vessel or facility and the person in charge on the receiving facility or vessel first meet to begin completing the declaration of inspection, as required by Sec. 156.150 of this part. No person shall conduct an oil or hazardous material transfer operation unless:

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

(c) Each hose is supported to prevent kinking or other damage to the hose and strain on its coupling.

(d) Each part of the transfer system is aligned to allow the flow of oil or hazardous material;

(e) Each part of the transfer system not necessary for the transfer operation is securely blanked or shut off;

(f) The end of each hose and loading arm that is not connected for the transfer of oil or hazardous material is blanked off using the closure devices required by Sec. Sec. 154.520 and

155.805 of this chapter;

(g) The transfer system is attached to a fixed connection on the vessel and the facility except that when a vessel 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 transfer or cargo tank system is sealed or lashed in the closed position; except when used to receive or discharge ballast in compliance with 33 CFR Part 157;

(i) Each transfer hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil or hazardous material through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement

(``reinforcement'' means the strength members of the hose, consisting of fabric, cord and/or metal);

(j) Each hose or loading arm in use meets Sec. Sec. 154.500 and 154.510 of this chapter, respectively;

(k) Each connection meets Sec. 156.130;

(l) Any monitoring devices required by Sec. 154.525 of this chapter are installed and operating properly;

(m) The discharge containment equipment required by Sec. 154.545 of this chapter is readily accessible or deployed as applicable;

(n) The discharge containment required by Sec. Sec. 154.530, 155.310, and 155.320 of this chapter, as applicable, is in place and periodically drained to provide the required capacity;

(o) Each drain and scupper is closed by the mechanical means required by Sec. 155.310;

(p) All connections in the transfer system are leak free except that a component in the transfer system, such as the packing glands of a pump, may leak at a rate that does not exceed the capacity of the discharge containment provided during the transfer operation;

(q) The communications required by Sec. Sec. 154.560 and 155.785 of this chapter are operable for the transfer operation;

C 9

(r) The emergency means of shutdown required by Sec. Sec. 154.550 and 155.780 of this chapter, as applicable, is in position and operable;

(s) There is a person in charge on the transferring vessel or facility and the receiving vessel or facility except as otherwise authorized under Sec. 156.115;

(t) Each person in charge required by paragraph (s) of this section:

(1) Is at the site of the transfer operation and immediately available to the transfer personnel;

(2) Has in his or her possession a copy of the facility operations manual or vessel transfer procedures, as appropriate; and

(3) Conducts the transfer operation in accordance with the facility operations manual or vessel transfer procedures, as appropriate;

(u) The personnel required, under the facility operations manual and the vessel transfer procedures, to conduct the transfer operation:

(1) Are on duty; and

(2) Conduct the transfer operation in accordance with the facility operations manual or vessel transfer procedures, as appropriate;

(v) At least one person is at the site of the transfer operation who fluently speaks the language or languages spoken by both persons in charge;

(w) The person in charge of the transfer on the transferring vessel or facility and the person in charge of it 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) Details of the transferring and receiving systems including procedures to ensure that the transfer pressure does not exceed the maximum allowable working pressure (MAWP) for each hose assembly, loading arm and/or transfer pipe system;

(6) Critical stages of the transfer operation;

(7) Federal, state, and local rules that apply to the transfer of oil or hazardous material;

(8) Emergency procedures;

(9) Discharge containment procedures;

(10) Discharge reporting procedures;

(11) Watch or shift arrangement;

(12) Transfer shutdown procedures; and,

(13) If the persons use radios, a predetermined frequency for communications during the transfer, agreed upon by both.

(x) The person in charge of 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 operation;

(y) Between sunset and sunrise the lighting required by Sec. Sec. 154.570 and 155.790 of this chapter is provided; and

(z) For transfer operations between tank barges from sunset to sunrise, lighting is provided as described in Sec. 155.790 of this chapter.

(aa) A transfer operation which includes collection of vapor emitted from a vessel's cargo tanks through a venting system not located on the vessel must have the following verified by the person in charge:

C 0

(1) Each manual valve in the vapor collection system is correctly positioned to allow the collection of cargo vapor;

(2) A vapor collection hose or arm is connected to the vessel's vapor connection;

(3) The electrical insulating device required by Sec. 154.810(g) of this chapter or 46 CFR

39.40-3(c) is fitted between the facility vapor connection and the vessel vapor connection;

(4) The initial loading rate and the maximum transfer rate are determined;

(5) The maximum and minimum operating pressures at the facility vapor connection are determined;

(6) The tank barge overfill control system, if installed, is connected to the facility, tested, and operating properly;

(7) The following have been performed not more than 24 hours prior to the start of the transfer operation:

(i) Each alarm and automatic shutdown system required by subpart E of part 154 of this chapter and 46 CFR part 39 has been tested and found to be operating properly, and

(ii) Analyzers required by Sec. 154.820(a), Sec. 154.824 (d) and (e) of this chapter or 46 CFR

39.40-3(a) have been checked for calibration by use of a span gas;

(8) Each vapor recovery hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapor through the hose material, and no external gouges, cuts, or slashes that penetrate the first layer of hose reinforcement; and

(9) The oxygen content of the vessel's cargo tanks, if inerted, is at or below 8 percent by volume.

(bb) If the transfer operation involves loading oil, as defined in Sec. 151.05 of this chapter, into a cargo tank, the overfill device required by Sec. 155.480 of this chapter is installed and operating properly.

(cc) Smoking is not permitted in the facilities marine transfer area except in designated smoking areas.

(dd) Welding, hot work operations and smoking are prohibited on vessels during the transfer of flammable or combustible materials, except that smoking may be permitted in accommodation areas designated by the master.

(ee) Each tank level or pressure monitoring device required under 33 CFR 155.490 must be activated and monitored whenever the tank is not actively being subjected to cargo operations.

(Approved by the Office of Management and Budget under control number 2115-0506)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 25445, June 21, 1990; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 90-071a, 59 FR 53291, Oct. 21, 1994;

CGD 93-056, 61 FR 41461, Aug. 8, 1996; CGD 79-116, 62 FR 25127, May 8, 1997; USCG-

2001-9046, 67 FR 58524, Sept. 17, 2002]

Subpart A--Oil and Hazardous Material Transfer Operations

Sec. 156.125 Discharge cleanup.

(a) Each person conducting the transfer operation shall stop the transfer operation whenever oil or hazardous material from any source is discharged:

C 1

(1) In the transfer operation work area; or

(2) Into the water or upon the adjoining shoreline in the transfer area.

(b) Except as permitted under paragraph (c) of this section, no person may resume the transfer operation after it has been stopped under paragraph (a) of this section, unless:

(1) Oil or hazardous material discharged in the transfer operation work area is cleaned up; and

(2) Oil or hazardous material discharged into the water or upon the adjoining shoreline is cleaned up, or is contained and being cleaned up.

(c) The COTP may authorize resuming the transfer operation if it is deemed appropriate.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.130 Connection.

(a) Each person who makes a connection for transfer operations shall:

(1) Use suitable material in joints and couplings to ensure a leak-free seal;

(2) Use a bolt in at least every other hole, and in no case less than four bolts, in each temporary bolted connection that uses a flange that meets American National Standards Institute

(ANSI) standard flange requirements under Sec. 154.500(d)(2) of this chapter;

(3) Use a bolt in each hole in each temporary bolted connection that uses a flange other than one that meets ANSI standards;

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

(5) Use bolts of the correct size in each bolted connection; and

(6) Tighten each bolt and nut uniformly to distribute the load and sufficiently to ensure a leak free seal.

(b) A person who makes a connection for transfer operations must not use any bolt that shows signs of strain or is elongated or deteriorated.

(c) Except as provided in paragraph (d) of this section, 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 acceptable to the Commandant.

(d) No person may transfer oil or hazardous material to a vessel that has a fill pipe for which containment cannot practically be provided unless an automatic back pressure shutoff nozzle is used.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36256, Sept. 4, 1990]

Sec. 156.150 Declaration of inspection.

C 2

(a) No person may transfer oil or hazardous material to or from a vessel unless each person in charge, designated under Sec. Sec. 154.710 and 155.700 of this chapter, has filled out and signed the declaration of inspection form described in paragraph (c) of this section.

(b) No person in charge may sign the declaration of inspection unless he or she has determined by inspection, and indicated by initialling in the appropriate space on the declaration of inspection form, that the facility or vessel, as appropriate, meets Sec. 156.120.

(c) The declaration of inspection may be in any form but must contain at least:

(1) The name or other identification of the transferring vessel or facility and the receiving vessel or facility;

(2) The address of the facility or location of the transfer operation if not at a facility;

(3) The date and time the transfer operation is started;

(4) A list of the requirements in Sec. 156.120 with spaces on the form following each requirement for the person in charge of the vessel or facility to indicate by initialling that the requirement is met for the transfer operation; and

(5) A space for the date, time of signing, signature, and title of each person in charge during transfer operations on the transferring vessel or facility and a space for the date, time of signing, signature, and title of each person in charge during transfer operations on the receiving facility or vessel certifying that all tests and inspections have been completed and that they are both ready to begin transferring product; and

(6) The date and time the transfer operation is completed.

(d) The form for the declaration of inspection may incorporate the declaration-of-inspection requirements under 46 CFR 35.35-30.

(e) The vessel and facility persons in charge shall each have a signed copy of the declaration of inspection available for inspection by the COTP during the transfer operation.

(f) The operators of each vessel and facility engaged in the transfer operation shall retain a signed copy of the declaration of inspection on board the vessel or at the facility for at least 1 month from the date of signature.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36256, Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996]

Subpart A--Oil and Hazardous Material Transfer Operations

Sec. 156.160 Supervision by person in charge.

(a) No person may connect or disconnect a hose, top off a tank, or engage in any other critical procedures during the transfer operation unless the person in charge, required by Sec. 156.120(s), supervises that procedure.

(b) No person may start the flow of oil or hazardous material to or from a vessel unless instructed to do so by either person in charge.

(c) No person may transfer oil or hazardous material to or from a vessel unless each person in charge is in the immediate vicinity and immediately available to the transfer personnel.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36256, Sept. 4, 1990]

C 3

Sec. 156.170 Equipment tests and inspections.

(a) Except as provided in paragraph (d) of this section, no person may use any equipment listed in paragraph (c) of this section for transfer operations unless the vessel or facility operator, as appropriate, tests and inspects the equipment in accordance with paragraphs (b), (c) and (f) of this section and the equipment is in the condition specified in paragraph (c) of this section.

(b) During any test or inspection required by this section, the entire external surface of the hose must be accessible.

(c) For the purpose of paragraph (a) of this section:

(1) Each nonmetallic transfer hose must:

(i) Have no unrepaired loose covers, kinks, bulges, soft spots or any other defect which would permit the discharge of oil or hazardous material through the hose material, and no gouges, cuts or slashes that penetrate the first layer of hose reinforcement as defined in Sec. 156.120(i).

(ii) Have no external deterioration and, to the extent internal inspection is possible with both ends of the hose open, no internal deterioration;

(iii) Not burst, bulge, leak, or abnormally distort under static liquid pressure at least 1\1/2\ times the maximum allowable working pressure; and

(iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of this section may be acceptable after a static liquid pressure test is successfully completed in the presence of the

COTP. The test medium is not required to be water.

(2) Each transfer system relief valve must open at or below the pressure at which it is set to open;

(3) Each pressure gauge must show pressure within 10 percent of the actual pressure;

(4) Each loading arm and each transfer pipe system, including each metallic hose, must not leak under static liquid pressure at least 1\1/ 2\ times the maximum allowable working pressure;

and

(5) Each item of remote operating or indicating equipment, such as a remotely operated…