WSR 97-07-066

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

MARINE SAFETY

[Filed March 19, 1997, 9:00 a.m.]

Subject of Possible Rule Making: Revising and updating chapter 317-40 WAC, Bunkering operations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.21I.030 and 88.46.170.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 317-40 WAC became effective October 29, 1994. Since then, a number of technical errors, clarifications, and regulatory gaps have been identified. Revising and updating the Bunkering Rules will increase the protection of Washington waters, marine environments and public health and safety. The Office of Marine Safety is considering the following changes and additions to chapter 317-40 WAC.

technical corrections/clarifications:

WAC 317-40-030(10) Definitions.

Delete the "300 gross ton or more" limitation from the definition of tank vessel to be consistent with the definition in statute and administrative rules.

"(10) "Tank vessel" means a ship ((300 gross tons or more)) that is . . .."

WAC 317-40-050 Receiving vessel procedures.

A. Clarify the time period pretransfer training is required to take place.

"(1) Training. . . . shall conduct a training session for all personnel with duties under the vessels oil transfer procedure ((within 48 hours before)) no more than 48 hours prior to a vessels scheduled bunkering."

B. Clarify who should have ready access to the vessels preloading plan.

"(3) Preloading plan. . . . The person in charge shall ensure that the plan is written in the crews common working language, that all transfer personnel possess a copy of the plan, and that the plan is posted at ((a place where the plan is easily seen by, and in a language common to, vessel personnel engaged in bunkering)) the point of transfer. . . .."

C. Clarify how point-of-transfer and deck rover watch duties are assigned.

"(4) Watchstanders. ((The vessels oil transfer procedure must designate a)) The receiving vessel shall post a point-of-transfer watch and a deck-rover watch, and assign these duties in writing to named individuals. The point-of-transfer watch and deck-rover watch duties are separate duties and may not be assigned to one person. Each ((watch)) watchstander must be equipped with two-way communications to communicate with the person in charge and vessel master or officer in charge."

D. Clarify the requirement to maintain visual contact and establish communication in compliance with 33 CFR sec. 155.785.

"(8) Communication.

(a) The receiving vessels person in charge shall ensure that communication between the receiving vessel and delivering vessel or facility ((is accomplished either visually and by voice, sound-powered phones, radio, or air horn as required under)) complies with 33 C.F.R. sec. 155.785. Visual contact shall be continuously maintained throughout the transfer. . . .."

E. Delete "okay" from the list of English phrases and hand signals because it is not an easy term to translate nor for which to designate a universally used hand signal.

"(8) Communication.

(a) . . .

(b) The person in charge shall ensure that bunkering personnel know and use English phrases and hand signals to communicate the following instructions during bunkering: "stop," "hold," (("okay,")) "wait," "fast," "slow," and "finish.""

WAC 317-40-070 Pretransfer conference.

Clarify the responsibility of the receiving vessels person in charge for holding a pretransfer conference with the delivering vessel or facility.

"(1) Before any oil is transferred ((during bunkering)), the receiving vessels person in charge ((and)) shall hold a pretransfer conference with the delivering vessels or facilitys person in charge ((shall hold a pretransfer conference)) to execute the declaration of inspection as required under 33 C.F.R. sec. 156.120. . . .."

WAC 317-40-080 Delivering vessel procedures.

Subsection (5) should be amended to match language in WAC 317-40-050 (8)(a).

"(5) The delivering vessels person in charge ensures that communication between the receiving and delivering vessel ((is accomplished either visually and by voice, sound-powered telephone, radio, or air horn, as required under)) complies with 33 C.F.R. sec. 155.875; and . . .."

WAC 317-40-090 Record keeping.

Correct the provisions language and citation to WAC 317-40-050(1).

"(1) The master or ((his)) the masters designee shall record in the vessels official or deck log the date and time of the receiving vessel training session required under ((WAC 317-40-060(1))) WAC 317-40-050(1), and the name and rating of crew who attended, immediately upon completion of the session."

new provisions and issues: The Office of Marine Safety is considering the following changes to chapter 317-40 WAC, Bunkering regulations.

Expanding Rules to Cover All Oil Transfers

The office is considering expanding chapter 317-40 WAC to cover internal oil transfers, bulk lubrication and hydraulic oil transfers, and cargo transfers. Whenever oil is transferred to, from or within a vessel, the risk of an oil spill exists. Transfers of lubrication oil in bulk require as much vigilance and planning as transfers of bunkers or cargo. Internal oil transfers similarly require planning and vigilance to ensure tank levels and valve alignments are properly monitored.

Internal Oil Transfers

The office is considering the following requirements for internal oil transfers in Washington waters:

1. Developing a pretransfer plan before operations begin.

2. Designating qualified crew and assigning transfer duties in the vessels oil transfer plan.

3. Conducting a pretransfer conference with the chief engineer to discuss the pretransfer plan, emergency procedures, communication, tank soundings, pollution prevention and duties for crew on watch.

4. Using an internal transfer checklist during operations and for monitoring the transfer, shutting down operations and securing tanks, piping, valves and other equipment used.

5. Logging start and finish times of the pretransfer conference, transfer and shutdown operations.

6. Requiring internal transfer procedures to be a permanent engine room standing order signed by all assistant engineers.

Bulk Lubrication and Hydraulic Oil Transfers

The office is considering expanding application of the bunkering regulations to include transfers of bulk lure [lube] and hydraulic oil. If expanded, pretransfer training, preloading plan, declaration of inspection, point-of-transfer watch and deck rover watch, pretransfer conference, work hour and record-keeping requirements would apply to bulk lubrication oil transfers.

Bulk Cargo Oil Transfers

The office is considering expanding application of the bunkering regulations to include cargo transfers. If expanded, cargo transfers would require pretransfer training, a pretransfer plan, point-of-transfer watch and deck rover watch, pretransfer conference, work hour and record-keeping requirements would apply to cargo transfers.

Defining "Bulk"

The office proposes to include a definition of "bulk" in chapter 317-40 WAC based on the definition in WAC 317-05-020(2) to be consistent with international standards. The definition would read: "'Bulk' means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, chute, or belt system to a receiving tank or other receptacle with a total capacity of 250 barrels (10,500 US gallons)."

Requiring Advance Notice of Oil Transfer

Advance notice before conducting a bulk oil transfer is necessary for the office to meet its mandate of protecting the waters of the state and public health and safety. Without comprehensive and timely knowledge of the number and types of oil transfers performed in Washington waters, the office is unable to determine the effectiveness of its inspection program. Advance notice will also ensure that the offices inspectors are able to be on site at the time of transfer rather than reviewing the operation after the transfer is complete.

The office is considering the following options:

1. Requiring 24-hour advanced notice from receiving vessels for bunker, lubrication, cargo and internal oil transfers;

2. Requiring 12-hour advanced notice from receiving vessels for bunker, lubrication, cargo and internal oil transfers;

3. Requiring 4-hour advanced notice from receiving vessels for bunker, lubrication, cargo and internal oil transfers unless the delivering vessel or facility has notified the appropriate captain of the port under 33 CFR sec. 156.118.

The office will choose the option that provides the best and most timely notice to the field inspectors while mitigating the burden on the receiving vessel. The third option depends on the cooperation of the local captain of the port.

Redefining Work Hours

Vessels operate twenty-four hours a day to meet the demands of their charterers and customers. Fatigue is a common problem and is often a contributing factor in many vessel casualties and oil spills. The office is considering expanding the definition of work hours for delivery vessel personnel to ensure they are adequately rested before assuming responsibilities on a tank barge.

The following requirement is being considered for delivery vessel procedures, WAC 317-40-080:

"Delivering vessel personnel may not begin bunkering unless:

(2) They have had at least 6 hours of rest before assuming responsibilities on a delivering vessel. Time spent traveling to the work site or waiting for the arrival of the delivery vessel may not be included in the 6-hour rest requirement. . . .." (Renumber the sections accordingly.)

Prohibition of Smoking During Transfer Operations

The office is considering including a prohibition of smoking during transfer operations on all vessels similar to 46 CFR 35.30-5(d).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Coast Guard and Washington State Department of Ecology also regulate this subject. Input from both agencies will be solicited through interagency meetings and conferences.

Process for Developing New Rule: The Preproposal Statement of Inquiry will be mailed to all interested parties who will have a thirty-day period in which to submit written comments and opportunity to participate in a public workshop on May 2, 1997.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Please submit written comments to Jeff Fishel, Office of Marine Safety, P.O. Box 42407, Olympia, WA 98504-2407, phone (360) 664-9110, FAX (360) 664-9184, e-mail omsagent@wln.com.

A public workshop will be held Friday, May 2, 1997, in or near Olympia, Washington. Time and place will be 9:00 - 3:00 p.m. at Department of Transportation, 5720 Capitol Boulevard, Floor B, Board Room, Tumwater, WA. For directions please call (360) 664-9110.

March 19, 1997

Barbara Herman

Director

Legislature Code Reviser

Register

Washington State Code Reviser's Office