A cargo authorized under §98.33-3 of this part may not be transferred to or from a portable tank authorized under § 98.33-5 of this part unless the following requirements are met:

(a) Cargo pumps comply with § 98.30-11 of this part;

(b) Ground connection complies with § 98.30-13 of this part;

(c) Leakage containment complies with § 98.30-15 of this part;

(d) Qualification of person in charge complies with § 98.30-17 of this part;

(e) Supervision of person in charge complies with § 98.30-19 of this part;

(f) Transfers, general, comply with § 98.30-23 of this part;

(g) Connections comply with §98.30-27 of this part;

105.45-5 Galley fires.

105.45-10 Smoking.

105.45-15 Warning signals and signs. 105.45-20 Warning sign at gangway.

Subpart 105.90-Existing Commercial Fishing Vessels Dispensing Petroleum Products

105.90-1 Existing commercial fishing vessels dispensing petroleum products.

AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; Department of Homeland Security Delegation No. 0170.1.

SOURCE: CGFR 69-53, 34 FR 11265, July 4, 1969, unless otherwise noted.

Subpart 105.01-Administration

$105.01-1 Purpose.

The purpose of the regulations in this part is to provide adequate safety in the transporting and handling of inflammable or combustible cargo in bulk on board certain commercial fishing vessels and tenders.

[CGD 95-028, 62 FR 51208, Sept. 30, 1997]

§ 105.01-3 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 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 (GMSE), 2100 Second Street SW., Washington, DC 20593-0001, or 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 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:

American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

ASTM D 323-94, Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)-105.10-15

[USCG 1999-5151, 64 FR 67182, Dec. 1, 1999]

§ 105.01-5 Intent of Pub. L. 90-397 (approved July 11, 1968, 82 Stat. 341) and Pub. L. 93-430 (approved October 1, 1974, 88 Stat. 1180).

(a) Pub. L. 90-397 allowed cannery tenders, fishing tenders, and fishing vessels of not more than 500 gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska when engaged exclusively in the fishing industry, to have on board inflammable or combustible cargo in bulk to the extent and upon conditions as might be required by regulations promulgated by the Secretary of the department in which the Coast Guard is operating.

(b) Pub. L. 93-430 allowed vessels of not more than 5000 gross tons used in the processing and assembling of fishery products in the fisheries of the

States of Oregon, Washington, and Alaska to have on board inflammable or combustible cargo in bulk to the extent and upon conditions as might be required by regulations promulgated by the Secretary of the department in which the Coast Guard is operating. [CGD 75-105, 41 FR 17910, Apr. 29, 1976]

§ 105.01-10 Effective date of regulations.

(a) Amendments, revisions, or additions to the regulations in this part will become effective 90 days after the date of publication in the FEDERAL REGISTER, unless the Commandant directs otherwise.

(b) The regulations in this subchapter are not retroactive in effect unless specifically made so at the time the regulations are issued. Changes in specification requirements of articles of equipment or materials used in construction shall not apply to such items which have been passed as satisfactory until replacement shall become necessary, unless a specific finding is made that such equipment or material used is unsafe or hazardous and has to be removed from vessels.

[CGFR 69-53, 34 FR 11265, July 4, 1969, as amended by CGD 75–105, 41 FR 17910, Apr. 29, 1976]

Subpart 105.05-Application

§ 105.05-1 Commercial fishing vessels dispensing petroleum products.

(a) The provisions of this part, with the exception of Subpart 105.90, shall apply to all commercial fishing vessels of not more than 500 gross tons used in the salmon or crab fisheries of Oregon, Washington, and Alaska, the construction of which is contracted for on or after December 1, 1969, and all vessels of not more than 5000 gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, the construction of which is contracted for on or after May 31, 1976 which have or propose to have permanently or temporarily installed tanks or containers for dispensing petroleum products, Grades B and lower flammable or combustible liquids, in bulk in limited quantities.

(b) The provisions of Subpart 105.90 shall apply to all commercial fishing vessels of not more than 500 gross tons used in the salmon or crab fisheries of Oregon, Washington, and Alaska, the construction of which was contracted for prior to December 1, 1969, and all vessels of not more than 5000 gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, the construction of which is contracted for prior to May 31, 1976 which have or propose to have permanently or temporarily installed tanks or containers for dispensing petroleum products, Grades B and lower flammable or combustible liquids, in bulk in limited quantities.

[CGFR 69-53, 34 FR 11265, July 4, 1969, as amended by CGD 75-105, 41 FR 17910, Apr. 29, 1976]

§ 105.05-2 Prohibitions regarding petroleum products.

(a) Commercial fishing vessels shall not transport Grade A flammable liquids in bulk. (See § 105.10–15(a) for definition of Grade A flammable liquid.)

(b) On commercial fishing vessels, temporarily installed dispensing tanks or containers shall not be installed or carried below deck or in closed compartments on or above the deck.

§ 105.05-3 New vessels and existing vessels for the purpose of applica tion of regulations in this part. (a) New vessels. In the application of the regulations in this part, the term "new vessels" means any commercial fishing vessel of not more than 500 gross tons used in the salmon or crab fisheries of Oregon, Washington, or Alaska, the construction of which is contracted for on or after December 1, 1969, and vessels of not more than 5000 gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, the construction of which is contracted for on or after May 31, 1976.

(b) Existing vessels. In the application of the regulations in this part, the term "existing vessels" means any commercial fishing vessel of not more than 500 gross tons used in the salmon

or crab fisheries of Oregon, Washington, or Alaska, the construction of which is contracted for prior to December 1, 1969, and vessels of not more than 5000 gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, the construction of which is contracted for prior to May 31, 1976.

[CGD 75-105, 41 FR 17910, Apr. 29, 1976]

$105.05-5 Types of vessels.

(a) The only types of commercial fishing vessels to which the provisions of this part apply are self-propelled manned vessels with one of the following:

(1) Permanently installed dispensing tanks or containers on open decks.

(2) Permanently installed dispensing tanks or containers located below deck or in closed compartments.

(3) Temporary dispensing tanks or containers installed on open decks. [CGD 75-105, 41 FR 17910, Apr. 29, 1976]

$105.05-10 Intent of regulations.

(a) The intent of the regulations in this part is to prescribe special requirements for commercial fishing vessels which are otherwise exempt from requirements of vessel inspection, but by reason of occasionally engaging in the service of carrying on board and dispensing liquid inflammable and combustible cargo in bulk are subject to certain requirements of 46 U.S.C. section 3702.

(b) The application of the regulations governing petroleum products in bulk is limited to that portion of the vessel involved in the storage, carriage, and handling of such products. This shall include, but shall not be limited to:

(1) Permanently or temporarily installed tanks or containers;

(2) Compartments, areas or places where such tanks or containers are placed;

(3) Fuel filling systems;

(4) Fuel venting systems;

(5) Fuel piping and pumping systems. (c) The regulations in this part also state the manning, crew requirements, and officers for those vessels when required by other specific provisions of law.

§ 105.10-10 Combustible liquid.

(a) The term combustible liquid means any liquid having a flashpoint above 80° F. (as determined from an open cup tester, as used for test of burning oils). In the regulations of this part, combustible liquids are referred to by grades, as follows:

(1) Grade D. Any combustible liquid having a flashpoint below 150° F. and above 80° F.

(2) Grade E. Any combustible liquid having a flashpoint of 150° F. or above.

[CGFR 69-53, 34 FR 11265, July 4, 1969, as amended by CGD 73-96, 42 FR 49025, Sept. 26, 1977]

§ 105.10-15 Flammable liquid.

(a) The term flammable liquid means any liquid which gives off flammable vapors (as determined by flashpoint from an open cup tester, as used for test of burning oils) at or below a temperature of 80 °F. Flammable liquids are referred to by grades as follows:

(1) Grade A. Any flammable liquid having a Reid1 vapor pressure of 14 pounds or more.

1 American Society of Testing Materials Standard D 323 (incorporated by reference, see § 105.01-3) (most recent revision), Method of Test for Vapor Pressure of Petroleum Products (Reid Method).

(a) Before a commercial fishing vessel may be used to transport combustible or flammable liquids in bulk in limited quantities for the purpose of dispensing those liquids, the vessel shall be inspected by the Coast Guard to determine that the vessel is in substantial compliance with the requirements in this part.

(b) A vessel with permanently installed cargo tanks shall be inspected biennially, or more frequently if necessary, by the Coast Guard to determine that the vessel is maintained in substantial compliance with the requirements in this part.

(c) A vessel with temporarily installed cargo tanks or containers shall be inspected annually, or more frequently if necessary, by the Coast Guard.

(d) Vessels while laid up or dismantled or out of commission are exempt from any or all inspections required by law or regulations in this part.

§ 105.15-5 Authority of marine inspec tors.

(a) Marine inspectors may at any time lawfully inspect any vessel subject to the requirements in this part.

§ 105.15-10 Application for inspection.

(a) Prior to the commencement of the construction of a new vessel, or a conversion of a vessel to a commercial fishing vessel, intended for transporting combustible or flammable liquids in bulk in limited quantities for the purpose of dispensing those liquids, the owners, master, or agent shall sub- 27 mit an application for inspection and a letter of compliance to an Officer in Charge, Marine Inspection, at any Marine Inspection Office, U.S. Coast Guard.

(b) Application for inspection and renewal of letter of compliance of a vessel shall be made in writing by the master, owner, or agent to an Officer in a Charge, Marine Inspection, at any Ma-: rine Inspection Office, U.S. Coast Guard.

(c) The application for inspection and letter of compliance shall be on Form CG-3752 or in letter form and set forth the following information:

(1) Vessel's name;

(2) Nature of employment and route or areas in which to be operated;

(3) Date and place where the vessel may be inspected;

(4) Date and place where the vessel was last inspected (if inspected); and,

(5) That application for inspection has not been made to any other Officer in Charge, Marine Inspection.

§ 105.15-15 Letter of compliance.

(a) When a vessel has been inspected and found to be in substantial compliance with the requirements of this part, a "letter of compliance" shall be issued to the vessel by the Officer in Charge, Marine Inspection.

(b) The letter of compliance shall permit the presence on board of liquid flammable or combustible cargoes in bulk, and describe the conditions governing the transportation and dispensing of such cargoes.

(c) The letter of compliance shall state the maximum amount of liquid flammable or combustible cargo in bulk to be carried on board.