No person may transfer cargo at a deepwater port:
(a) When the person in charge (PIC) of cargo transfer is not on duty at the deepwater port;
(b) During an electrical storm in the deepwater port's vicinity;
(c) During a fire at the port, at the onshore receiving terminal, or aboard a vessel berthed at the port, unless the PIC of cargo transfer determines that a cargo transfer should be resumed as a safety measure;
(d) When a leak develops so that a sufficient quantity of product accumulates in the cargo containment underneath the manifold or piping;
(e) When there are not enough personnel nor equipment at the port dedicated to containand remove the discharge or perform the emergency response functions as required in the port's response plan under part 154 for oil, or emergency plan under part 127 for natural gas, of this chapter;
(f) Whenever the emergency shutdown system should have activated but failed to;
(g) By lighterage, except in bunkering operations, unless otherwise authorized by the Sector Commander, or MSU Commander, with COTP and OCMI authority ;
(h) When the weather at the port does not meet the minimum operating conditions for cargo transfers as defined in the port's operations manual; or
(i) When prescribed by the deepwater port security plan under heightened security conditions at the deepwater port or its adjacent areas, or on vessels calling on or serving the deepwater port.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013]
authority: 33 U.S.C. 1321(j)(1)(C), (j)(5), (j)(6), (m)(2), 1509(a);
46 U.S.C. 70034; E.O. 12777, sec. 2; E.O. 13286, sec. 34, 68 FR 10619; Department of Homeland Security Delegation No. 0170.1
source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.
cite as: 33 CFR 150.435