Title 317 WAC — Ecology, Department of (Marine Safety, Office of)

Chapter 317-05 Definitions.

Wash. Admin. Code § 317-05-010 Application.

The definitions in this section apply throughout this title unless it is expressly stated, or context clearly requires, otherwise.

History

• Statutory Authority: RCW 43.21I.030, 88.46.010, 88.46.040 and 88.46.050. WSR 93-07-004, § 317-05-010, filed 3/4/93, effective 4/4/93.

Wash. Admin. Code § 317-05-020 Definitions.

(1) "Administrator" means the administrator of the office of marine safety.

(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred gross tons or more, including but not limited to, commercial fish processing vessels and freighters.

(4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

(5) "Department" means the department of ecology.

(6) "Director" means the director of the department of ecology.

(7) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(8)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) A facility does not include any:

(i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state;

(ii) Retail motor vehicle motor fuel outlet;

(iii) Facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330;

(iv) Underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or

(v) A stationary marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(9) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.

(10) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide, or are used presently, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce, or any of these factors.

(11) "Office" means the office of marine safety.

(12) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and pressure and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, biological oils and blends, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302 adopted August 14, 1989, under section 101(4) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by P.L. 99-499.

(13) "Offshore facility" means any facility, as defined in subsection (8) of this section, located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility as defined in subsection (9) of this section.

(14) "Onshore facility" means any facility, as defined in subsection (8) of this section, any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(15)(a) "Owner or operator" means:

(i) In the case of a vessel, any person owning, operating, or chartering by demise (bareboat charter), the vessel;

(ii) In the case of an onshore or offshore facility, any person owning or operating the facility; and

(iii) In the case of an abandoned vessel, onshore, or offshore facility, the person who owned or operated the vessel, anchor or facility immediately before its abandonment.

(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, ship, or any other entity whatsoever.

(18) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(19) "Spill" means an unauthorized discharge of oil into the waters of the state.

(20) "State waters" means the navigable waters of the state.

(21) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

A ship is constructed or adapted to carry oil in bulk as cargo or cargo residue if authorized to do so under the ship's certification. A vessel carries oil as cargo or cargo residue if the oil is carried for dispensing to other vessels or equipment off the vessel, or for delivery from point to point, regardless of whether direct compensation for carriage is involved. A vessel being used to collect spilled oil from the water, and may have some recovered oil storage capacity, does not carry oil as cargo.

History

• Statutory Authority: Chapters 90.56, 88.46, 90.48 RCW. WSR 07-22-119 (Order 07-14), § 317-05-020, filed 11/7/07, effective 12/8/07. Statutory Authority: RCW 43.21I.030, 88.46.010, 88.46.040 and 88.46.050. WSR 93-07-004, § 317-05-020, filed 3/4/93, effective 4/4/93.

Wash. Admin. Code § 317-05-030 Computation of time.

In computing a period of time established by these rules, the day of the act, incident, or default which starts the period prescribed is not included. If the last day of the period falls on a Saturday, Sunday, or legal holiday, the period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. Days run from midnight to midnight except for the last day of the period which ends at the close of business on that day.

History

• Statutory Authority: RCW 43.21I.030, 88.46.010, 88.46.040 and 88.46.050. WSR 93-07-004, § 317-05-030, filed 3/4/93, effective 4/4/93.

Chapter 317-31 Cargo and passenger vessels—Substantial risk.

Wash. Admin. Code § 317-31-010 Purpose.

This chapter implements the cargo and passenger vessel screening and boarding program under RCW 88.46.050 to:

(1) Protect the state's natural resources;

(2) Provide for safe marine transportation in state waters; and

(3) Determine whether cargo and passenger vessels entering or operating in state waters pose a substantial risk of harm to the public health and safety and to the environment.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-010, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-020 Application.

Owners and operators of cargo and passenger vessels entering or operating in state waters shall comply with the provisions of this chapter.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-020, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-030 Definitions.

Unless the context clearly requires otherwise, the definitions in chapter 317-05 WAC and the following apply to this chapter.

(1) "Boarding checklist" means a checklist used by vessel inspectors from the office as a guideline to determine the risk a vessel poses to the public health and safety and the environment.

(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred gross tons or more, including but not limited to, fishing vessels and freighters.

(3) "Event" means a:

(a) Collision, allision or grounding;

(b) Near-miss incident in which a pilot, master, or other person in charge of navigating a vessel successfully takes action of a nonroutine nature to avoid a collision with another ship, structure, or aid to navigation, or grounding of the vessel, or damage to the environment;

(c) Marine casualties described in 46 C.F.R. sec. 4.05-1, except subsections (a)(5), (a)(6) and (b), regardless of vessel type, or nation of registry;

(d) Disabled vessel due to an accidental or intentional grounding, failure of the propulsion or primary steering systems, failure of a component or control system that reduces the vessel's maneuverability, or fire, flood, or other incident that affects the vessel's seaworthiness or fitness for service; or

(e) Spills of oil into state waters.

(4) "Fishing vessel" means a vessel engaged in the commercial catching, harvesting or processing of fish, or in tendering to or from vessels that catch, harvest or process fish.

(5) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(6) "Potential risk" means the potential for harm to public health and welfare and the environment posed by a vessel as calculated through vessel screening.

(7) "Screening" means a process of determining a vessel's potential risk based on historical factors that are risk predictors.

(8) "State waters" means the navigable waters of the state.

(9) "Substantial risk" means a vessel falls below accepted industry standards to a degree that the vessel's continued operation seriously threatens the public health and safety and the environment.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-030, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-100 Vessel screening.

(1) The office may screen any cargo or passenger vessel, except fishing vessels and vessels subject to chapter 317-21 WAC, entering or operating in state waters to determine a vessel's potential risk based on vessel information collected by the office. The office may collect information from any source, including the owner and operator, other public agencies, or by inspection. A vessel's potential risk is based on vessel information relating to factors that are risk predictors and that include, but are not limited to:

(a) Vessel age;

(b) Vessel type;

(c) Redundancy of mechanical, navigational, and electrical generation systems;

(d) Country of registry (flag);

(e) Classification society;

(f) Owner;

(g) Presence of a state-licensed pilot while in state waters;

(h) Changes in ownership, country of registry, or classification society;

(i) History of violations of international, federal, and state laws and regulations;

(j) History of marine casualties; and

(k) Key personnel history.

(2) The risk factors are arranged in a matrix and assigned a risk weight according to a factor's impact on safe marine transportation. The greater impact a factor has results in a higher risk weight. Risk weights are based on opinions of expert mariners experienced in marine transportation in state waters and data supplied by the office's vessel boarding program. Vessel information is evaluated through the matrix to calculate a vessel's potential risk.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-100, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-110 Advance notice of entry.

(1) A cargo or passenger vessel owner or operator shall submit a notice of entry to the office by telefax or telephone at least twenty-four hours before the vessel enters state waters. An owner or operator of a vessel in intrastate operation is exempt from this provision if in compliance with WAC 317-31-120.

(2) The advance notice of entry must provide:

(a) The vessel's name, country of registry, gross tonnage, call sign, and official number of the vessel;

(b) The name and telephone number of the vessel's local representative or agent;

(c) The estimated date, time, and point of entry into state waters by the vessel;

(d) Intended berths or anchorages in Washington;

(e) Last and next port of call;

(f) The amount and type of bunkers, if any, that will be transferred;

(g) The type of cargo, if any, that will be transferred;

(h) A safety report if required under WAC 317-31-130; and

(i) Identification of the contingency plan covering the vessel under Washington law and chapter 317-10 WAC.

(3) In addition to providing the information in subsection (2) of this section, an owner or operator of a cargo or passenger vessel carrying dangerous cargo in bulk, defined in 33 C.F.R. section 160.203, shall submit with its notice of entry the following information:

(a) The name and quantity of the dangerous cargo carried in bulk;

(b) The location of the vessel at the time the report is submitted; and

(c) The stowage location of the dangerous cargo.

(4) If an owner or operator is unable to provide notice at least twenty-four hours prior to arrival as required by subsection (1) of this section, the owner or operator shall give notice to the office as soon as practicable and shall include an explanation for the delay in notifying the office.

(5) Vessels that submit an advance notice of arrival containing all the information required under subsections (2) and (3) of this section to the U.S. Coast Guard, directly or through the Canada/United States Cooperative Vessel Traffic Service (CVTS), need not provide the notice to the office otherwise required by subsection (1) of this section. However, safety reports required by WAC 317-31-130 or 317-31-140 must be submitted to the office.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-110, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-120 Intrastate operation.

(1) If a cargo or passenger vessel is underway more than fifty percent of the time in state waters in a calendar year, the vessel's owner or operator shall submit to the office a written schedule of the vessel's typical operations before operating the vessel in state waters.

(2) The written schedule must identify the:

(a) Vessel's name, size (including gross tonnage, length overall, beam, and maximum anticipated draft), type, call sign, and official number;

(b) Name, mailing address, telefax number, and telephone number for immediate contact of the owner or operator;

(c) Vessel's maximum fuel oil capacity in barrels, average quantity of fuel oil carried, type of fuel oil carried, usual place and schedule for bunkering;

(d) Typical routes served by the vessel;

(e) Usual or typical schedule of the vessel; and

(f) Cargo(s) carried and capacity.

(3) An owner or operator providing a schedule under this section is excused from notice requirements under WAC 317-31-110.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-120, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-130 Safety reports.

(1) The owners or operators of cargo and passenger vessels shall submit a safety report to the office that indicates the existence of any of the following vessel conditions:

(a) Any abnormality or malfunction of any steering, propulsion or safety systems, or navigation systems required by federal or international law or regulation;

(b) A breach of the hull or the integrity of a cargo or bunker tank that causes or that may reasonably be expected to cause an oil spill or loss of stability;

(c) Damage from a fire or explosion;

(d) An incomplete engineering or deck complement under United States law or regulation or under the requirements of the vessel's country of registry; or

(e) Any condition that could adversely affect the safety of a vessel, bridge, structure, shore area, or the environment.

(2) The safety report must describe the condition and state the steps taken, being taken, or planned to correct or compensate for the condition.

(3) Safety reports should be submitted to the office at least twenty-four hours before the vessel enters state waters, or immediately on request by the office.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-130, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-140 Safety reports after notice of entry.

If a condition described in WAC 317-31-130(1) arises after a notice of entry or notice of intrastate operation is submitted, the owner or operator shall immediately notify the office of the condition by telefax or telephone. A written safety report meeting the requirements of WAC 317-31-130 must be submitted to the office no later than forty-eight hours after notice of the condition is made.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-140, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-200 Accepted industry standards.

Accepted industry standards are those standards established under WAC 317-31-220 for cargo and passenger vessels, or WAC 317-31-230 for fishing vessels, and applicable requirements of the following international conventions and federal regulations:

(1) The International Convention for the Safety of Life at Sea, 1974 (SOLAS);

(2) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW);

(3) The International Convention for Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78);

(4) The International Labor Organization, Convention Concerning Minimum Standards in Merchant Ships, convention number 147 (ILO 147);

(5) Provisions of chapter 33 of the Code of Federal Regulations including:

(a) Part 26 (Vessel bridge-to-bridge radiotelephone regulations);

(b) Part 70 (Interference with or damage to aids to navigation);

(c) Subchapter D (International Navigation Rules);

(d) Subchapter E (Inland Navigation Rules);

(e) Part 95 (Operating a vessel while intoxicated);

(f) [C.F.R.] Subchapter M (Marine Pollution Financial Responsibility and Compensation);

(g) Subchapter O (Pollution);

(h) Subchapter P (Ports and Waterways Safety); and

(6) Provisions of chapter 46 of the Code of Federal Regulations including:

(a) Part 4 (Marine Casualties and Investigations);

(b) Subchapter B (Merchant Marine Officers and Seamen);

(c) Subchapter C (Uninspected Vessels);

(d) Subchapter D (Tank Vessels);

(e) Subchapter E (Load Lines);

(f) Subchapter F (Marine Engineering);

(g) Subchapter G (Documentation and Measurement of Vessels);

(h) Subchapter H (Passenger Vessels);

(i) Subchapter I (Cargo and Miscellaneous Vessels);

(j) Subchapter J (Electrical Engineering);

(k) Subchapter N (Dangerous Cargoes);

(l) Subchapter O (Certain Bulk Dangerous Cargoes);

(m) Subchapter Q (Equipment, Construction and Materials: Specification[s] and Approval);

(n) Subchapter S (Subdivision and Stability); and

(o) Part 197, subpart C (Benzene).

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 317-31-210 Determination of substantial risk.

(1) The office shall determine whether a vessel poses a substantial risk after boarding and inspecting the vessel during its scheduled stay in port, or upon notice of any condition on board that poses a substantial risk of harm to the public health and safety and the environment. The office shall determine substantial risk based on the condition of the vessel and crew, and the professional judgment of its inspectors.

(2) The office shall board each fishing vessel at least once every two years.

(3) The office may not board vessels subject to chapter 317-21 WAC for purposes of making a substantial risk determination.

(4) Vessel inspections involve evaluation of the following:

(a) Documented compliance with applicable federal laws and regulations, and international maritime conventions;

(b) Vessel crewing and personnel policies and practices that ensure compliance with the vessel's Safe Manning Certificate or Certificate of Inspection, and that address language capabilities, work hours, health, and training;

(c) Safety and environmental management policies and practices that address vessel and personnel safety, pollution prevention, management oversight, preventive maintenance, and inspections and surveys;

(d) Vessel operating policies and practices for bridge operations and navigation, ground tackle procedures, emergency preparedness;

(e) Engineering policies and practices for maintaining machinery, organization, and operating procedures; and

(f) Condition of engineering and deck spaces including safety and lifesaving equipment.

(5) Vessel inspectors use a boarding checklist that incorporates accepted industry standards to gather information to guide vessel inspectors in making determinations of substantial risk. Vessel owners and operators may receive a copy of a boarding checklist prior to their vessel entering state waters by submitting a request by mail or telefax to the following address:

Washington State Office of Marine Safety

P.O. Box 42407

Olympia, Washington 98504-2407

USA

Telefax: 1-800-664-9184

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-210, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-220 Modification of accepted industry standards.

(1) This section establishes a process for modifying accepted industry standards as established by the advisory group on cargo and passenger vessel substantial risk criteria and noticed in the Washington State Register, No. 96-03-082. The purpose of this section is to establish a process that results in enforceable standards while affording vessel owners and operators substantial input and notice.

(2) The vessel inspection advisory council is hereby established. The council's mission is to make recommendations to the office every two years, if necessary, concerning accepted industry standards for cargo and passenger vessels. The office shall review the council's recommendations and publish in the state register proposed standards. After the date of publication, the office shall allow thirty days for public comment. After consideration of council recommendations and public comment, the office shall adopt the proposed industry standards by publication of a notice of adoption and availability of the standards in the state register.

(3) Council members and their replacements shall be appointed by the office and serve a term of two years. The council chair shall be appointed by the office. Each council member may designate one alternate who may exercise that member's vote. The office shall invite the U.S. Coast Guard to participate as a nonvoting advisor to the council. The council shall comprise at least fifteen members who represent the following interests:

(a) Classification societies;

(b) Commercial fishing vessels;

(c) Environmental organizations;

(d) Maritime labor organizations;

(e) Maritime trade associations;

(f) Oregon state department of environmental quality;

(g) Native American tribes;

(h) Cargo vessel owners;

(i) Cargo vessel operators;

(j) Cruise ship owners;

(k) Cruise ship operators;

(l) Washington state ferry system;

(m) Washington state department of ecology;

(n) Washington state office of marine safety;

(o) Washington state pilots;

(p) Oregon state pilots;

(q) Washington state public ports;

(r) Public agencies responsible for regulating natural resources;

(s) Marine education and training; and

(t) The public at large.

(4) A meeting of the council may be held fourteen days after the notice of the meeting is published in the state register. The meeting notice shall state the date, time, and place of the meeting, and the names of the organizations represented. Meetings of the council may be convened either by the office or the council's chair. At the first meeting of the council, the office shall present a compilation of boarding results under the boarding checklist for the council's review.

(5) The office shall provide staff and administrative support for the council. The office shall also maintain minutes, public comments, boarding results, and other council records in a file available to the public.

History

• Statutory Authority: RCW 43.21I.030. WSR 97-10-097, § 317-31-220, filed 5/7/97, effective 6/7/97. Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-220, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-230 Modification of accepted industry standards for fishing vessels.

(1) This provision establishes a process for establishing and modifying accepted industry standards for fishing vessels. The purpose of this section is to establish a process that results in enforceable standards while affording vessels owners and operators substantial input and notice.

(2) The fishing vessel inspection advisory council is hereby established. The council shall make recommendations based on international and federal laws and regulations applicable to fishing vessels, and on the actual practices of the Washington-based fishing industry as revealed in the boarding results presented by the office. The council may recommend higher standards than the actual practices of the Washington-based fishing industry and those in applicable international and federal laws and regulations only where reasonably necessary to protect public health and safety, and the environment. The office shall review the council's recommendations and publish in the state register proposed standards. After the date of publication, the office shall allow thirty days for public comment. After consideration of council recommendations and public comment, the office shall adopt the proposed industry standards by publication of a notice of adoption and availability of the standards in the state register.

(3) Council members and their replacements shall be appointed by the office and serve a term of two years. The council chair shall be appointed by the office. Each council member may designate one alternate who may exercise that member's vote. The office shall invite the U.S. Coast Guard to participate as a nonvoting advisor to the council. The council shall comprise at least six members who represent the following interests:

(a) Commercial fishing vessels;

(b) Commercial fish processing vessels;

(c) Environmental organizations;

(d) Native American tribes;

(e) Washington state department of ecology;

(f) Washington state office of marine safety; and

(g) The public at large.

(4) A meeting of the council may be held fourteen days after the notice of the meeting is published in the state register. The meeting notice shall state the date, time, and place of the meeting, and the names of the organizations represented. Meetings of the council may be convened either by the office or the council's chair. At the first meeting of the council, the office shall present a compilation of boarding results under the boarding checklist for the council's review.

(5) The office shall provide staff and administrative support for the council. The office shall also maintain council minutes, public comment, boarding results, and other council records in a file available to the public.

(6) Until the council has established accepted industry standards under this section, the office shall use an interim standard to determine substantial risk for fishing vessels under WAC 317-31-210. The office will board fishing vessels as provided in WAC 317-31-210(2) using a boarding checklist developed through agreement with a representative of the fishing industry as published in the Washington State Register, No. 95-06-063.

History

• Statutory Authority: RCW 43.21I.030. WSR 97-10-097, § 317-31-230, filed 5/7/97, effective 6/7/97. Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-230, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-240 Event reports.

(1) The owner or operator of a cargo, passenger, or fishing vessel that experiences an event in state waters shall submit a report to the office immediately on request or, if not requested, no later than thirty days after the date of the event. Each report must contain:

(a) The date, time, and location of the event;

(b) The weather conditions at the time of the event;

(c) The vessel operations underway at the time;

(d) The identity of any facilities or other vessels involved, or both;

(e) The type and amount of any oil spilled, and the estimated amount recovered;

(f) A list of any government agencies to which the event was reported;

(g) A brief analysis of any known causes and contributing factors; and

(h) A description of measures taken to prevent a reoccurrence of the event including changes to operating or maintenance procedures, personnel policies, vessel crew and organization, and the vessel's technology.

(2) A copy of the report submitted to the U.S. Coast Guard under 46 C.F.R. subpart 4.05 will satisfy the requirements of subsection (1) of this section if subsection (1)(a) through (h) of this section are addressed.

(3) The office may investigate reported events for the purpose of identifying policies, procedures, or practices that may pose a substantial risk.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-240, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-250 Inspections.

(1) Vessel inspectors may board and inspect a cargo or passenger vessel during the vessel's scheduled stay in port that poses a high potential risk under WAC 317-31-100. Vessel inspectors may also board and inspect cargo or passenger vessels the office has reason to believe may pose a substantial risk, or if the office does not have sufficient information to determine potential risk under WAC 317-30-100. The owner or operator shall make the vessel available for inspection on request by the office.

(2) The office may seek more information concerning the vessel from the U.S. Coast Guard or the owner or operator of the vessel, prior to or in lieu of performing an inspection of the vessel.

(3) Any violations of federal or international rules observed will be reported to the U.S. Coast Guard. Inspections will be coordinated with the U.S. Coast Guard to avoid duplication.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-250, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-300 Vessels posing a substantial risk.

If the office determines that a cargo or passenger vessel poses a substantial risk, the office may:

(1) Request that the U.S. Coast Guard deny entry; or

(2) Issue an order under RCW 88.46.070 (2) or (3) that allows the vessel to enter or operate in state waters subject to conditions the office determines necessary to minimize the risk the vessel poses. The conditions may include:

(a) Submission of specified information or written material about the vessel and its operations;

(b) Tug or spill response vessel escorts;

(c) The addition of officers, crew, or licensed pilots;

(d) Restricting the vessel's route, or area of operation;

(e) Restricting operations in adverse weather, tidal, or current conditions;

(f) Restricting bunkering or cargo transfer operations;

(g) Placing navigation, communications, or other special equipment on board; and

(h) Other conditions, restrictions, or requirements deemed appropriate under the circumstances.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-300, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-310 Penalties.

A person who violates the provisions of this chapter or orders issued under this chapter, is subject to civil and criminal penalties and procedures under RCW 88.46.080 and 88.46.090.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-310, filed 6/5/96, effective 7/6/96.

Wash. Admin. Code § 317-31-900 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-900, filed 6/5/96, effective 7/6/96.

Chapter 317-40 Bunkering operations.

Wash. Admin. Code § 317-40-010 Purpose.

This chapter establishes minimum standards for safe bunkering operations to reduce the likelihood of an oil spill by:

(1) Emphasizing the importance of proper procedures, communication and monitoring before, during and after a bunkering operation;

(2) Ensuring that the duties of each person involved in a bunkering operation are clearly defined; and

(3) Requiring vessel owners and operators to adopt company policies that improve the safety of bunkering.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-010, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-020 Application.

This chapter applies to all bunkering operations to refuel a self-propelled covered vessel 300 gross tons or more, and to all owners, operators, persons-in-charge, and other personnel involved in bunkering in state waters.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-020, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-030 Definitions.

Unless the context clearly requires otherwise, the definitions in chapter 317-05 WAC and the following apply to this chapter:

(1) "Bunkering" means an oil transfer operation to replenish a self-propelled covered vessel 300 gross tons or more with fuel or bunkers used to propel the vessel.

(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred gross tons or more, including but not limited to, commercial fish processing vessels and freighters.

(3) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

(4) "Innage" means the difference from the surface of the liquid to a fixed datum plate or to the tank bottom.

(5) "Office" means the office of marine safety.

(6) "Oil transfer procedure" means the document required under 33 C.F.R. Sec. 155.720 that contains information required under 33 C.F.R. Sec. 155.750 including bunkering procedures.

(7) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(8) "Person in charge" means, for vessels, the person designated under 33 C.F.R. Sec. 155.700 who meets the qualifications under 33 C.F.R. Sec. 155.710. For facilities, it is the person designated under 33 C.F.R. Sec. 154.700 who meets the qualifications of 33 C.F.R. Sec. 154.710.

(9) "Proficient in English" means the ability to clearly speak the English language so personnel from other vessels and facilities understand and may safely complete a vessel operation.

(10) "Tank vessel" means a ship 300 gross tons or more that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of the state.

A ship is constructed or adapted to carry oil in bulk as cargo or cargo residue if authorized to do so under the ship’s certification. A vessel carries oil as cargo or cargo residue if the oil is carried for dispensing to other vessels or equipment off the vessel, or for delivery from point to point, regardless of whether direct compensation for carriage is involved. A vessel being used to collect spilled oil from the water, and may have some recovered oil storage capacity, does not carry oil as cargo.

(11) "Training" means instructional, materials, and procedures, including shipboard materials, practical exercises, and drills.

(12) "Topping off" means the receipt of bunker oil into the last ten percent of available tank capacity in any bunker tank.

(13) "Ullage" or "outage" means the depth of space above the free surface of the fluid to the tank top.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-030, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-040 Compliance with federal law and regulations.

(1) All bunkering and personnel involved in bunkering must comply with applicable provisions of federal law and regulations governing licensing, documentation, and oil transfer operations under 33 C.F.R. Sec. 155 and 156, and 46 C.F.R. Sec. 12, 15, and 35.

(2) Federal law and regulations applicable to bunkering on the effective date of these rules are hereby incorporated. Any amendment or recodification of an applicable federal law or regulation is also hereby incorporated unless expressly stated otherwise.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-040, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-050 Receiving vessel procedures.

Receiving vessel personnel on a covered vessel being refueled in state waters shall comply with the requirements of this section.

(1) Training. Except for a receiving vessel subject to subsection (2) of this section, a receiving vessel's person in charge shall conduct a training session for all personnel with duties under the vessel's oil transfer procedure within 48 hours before a vessel's scheduled bunkering. If personnel not assigned bunkering duties in the oil transfer procedure are assigned such duties, the person in charge shall train such personnel before they assume bunkering responsibilities. Training shall be conducted in a language common to both the person in charge and personnel being trained. The training shall include, but is not limited to, a review of the:

(a) Vessel's preloading plan as described in subsection (3) of this section;

(b) Civil and criminal penalties and liabilities for not complying with federal and state regulations, and for spilling oil in Washington waters;

(c) Vessel's oil transfer procedure, including each person's responsibilities and station;

(d) English phrases and hand signals to communicate the instructions listed in subsection (8)(b) of this section; and

(e) Emergency shutdown procedures described under WAC 317-40-065.

(2) Intrastate operation. A receiving vessel underway in state waters more than 50 percent of the time in a calendar year and that bunkers three or more times in a month shall conduct the training session described in subsection (1) of this section at least once every month.

(a) The receiving vessel's owner or operator shall submit a written schedule of the vessel's operations to the office stating:

(i) The vessel's name, call sign, and official number;

(ii) The typical routes served by the vessel; and

(iii) The typical number of bunkering operations performed in any 30 days.

(b) The receiving vessel's owner or operator shall notify the office in writing within 30 days of making a change in the vessel's typical operations

(3) Preloading plan. The receiving vessel's person in charge shall prepare a preloading plan prior to conducting the training session required under subsection (1) of this section. The person in charge shall ensure that a copy of 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 preloading plan must include the:

(a) Identification, location and capacity of the vessel's bunker tanks receiving oil;

(b) Level and type of liquid in each bunker tank prior to the scheduled time for bunkering;

(c) Final ullage or innage, and percent of each bunker tank to be filled;

(d) Sequence in which the bunker tanks are to be filled; and

(e) Procedures to regularly monitor all bunker tank levels and valve alignments.

(4) Watchstanders. The vessel's oil transfer procedure must designate a point-of-transfer watch and a deck-rover watch. Each watch must be equipped with two-way communications to communicate with the person in charge and vessel master or officer in charge.

(a) A point-of-transfer watch must remain at the point of connection with the delivering vessel during bunkering.

(b) The primary duty of the deck-rover is to monitor for oil spills on deck or over the side during bunkering. The deck-rover may perform other duties not in conflict with his or her primary duty. The deck-rover shall:

(i) Visually inspect the deck and water near or opposite all bunker tanks and each tank's sounding tube and vent, if accessible; and

(ii) Remain in a position during changing over of tanks or topping off to view any spillage on deck or in the water.

(5) Personnel duties. Except for the deck-rover watch, personnel assigned bunkering responsibilities may perform only those duties assigned while the vessel is bunkering. All personnel assigned to bunkering shall comply with their assigned duties under the vessel's oil transfer procedure and remain at their work stations during topping off.

(6) Vessel access. A receiving vessel must have an accommodation ladder in place to use for access between the receiving and delivering vessels, or between the receiving vessel and facility. If the vessel's master determines that the ladder is inaccessible from the delivering vessel another means of access must be provided that meets the standards established in the International Convention for the Safety of Life at Sea, 1974, as consolidated in 1986 (SOLAS). If the vessel master determines access is not safe due to weather or seastate, the master may allow communication by radio or by means set forth in subsection 8 of this section.

(7) Soundings. The receiving vessel's person in charge shall ensure that he or she receives sounding reports on tank levels according to the monitoring procedure established in the vessel's preloading plan.

(8) Communication.

(a) The receiving vessel’s person in charge shall ensure that communication between the receiving and delivering vessel or facility is accomplished either visually and by voice, sound-powered phones, radio, or air horn as required under 33 C.F.R. Sec. 155.785. The receiving vessel’s person in charge shall notify the delivering vessel's or facility's person in charge immediately before topping off begins.

(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."

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-050, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-060 Bunkering by a facility.

During the pretransfer conference, the person in charge for a receiving vessel being refueled by a facility shall ensure that the receiving vessel's personnel comply with these rules and with the facility's operations manual as required under chapter 173-180B WAC.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-060, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-065 Emergency shut down procedures.

(1) If any of the receiving vessel's personnel discovers an oil spill either on deck outside fixed containment, or on the water, or believes an oil spill is likely, he or she shall request immediate shutdown of the bunkering operation.

(2) The delivering vessel's personnel shall immediately activate the emergency shutdown device at the request of any person on the receiving vessel.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-065, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-070 Pretransfer conference.

(1) Before any oil is transferred during bunkering, the receiving vessel's person in charge and the delivering vessel's or facility's person in charge shall hold a pretransfer conference as required under 33 C.F.R. Sec. 156.120. The persons in charge shall meet in person onboard either vessel or at the facility unless the receiving vessel's master determines it is unsafe under WAC 317-40-050(6). The persons in charge shall:

(a) State and discuss the contents of the declaration of inspection required under 33 C.F.R. Sec. 156.150;

(b) Discuss procedures for informing the delivering vessel's or facility's person in charge before the receiving vessel changes over tanks or begins topping off; and

(c) Discuss emergency shutdown procedures and identify each vessel's means to shut down the transfer in an emergency.

(2) The receiving vessel's person in charge shall identify for the delivering vessel's or facility's person in charge those personnel designated as point-of-transfer watch and deck-rover watch.

(3) A receiving vessel may not receive bunkers unless a person proficient in English and a language common to the vessel's officers and crew is present at the pretransfer conference. The receiving vessel's owner or operator shall provide an interpreter proficient in English and a language common to the vessel's officers and crew at the request of the office, the delivering vessel's or facility's person in charge, or the U.S. Coast Guard.

(4) If the delivering vessel’s person-in-charge is not satisfied with the receiving vessel’s representative’s English proficiency, he or she shall request an interpreter.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-070, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-080 Delivering vessel procedures.

Delivering vessel personnel may not begin bunkering unless:

(1) The tanker man meets the certification requirements under 46 C.F.R. Subpart 12.20 and has undergone annual training to become familiar with the requirements of this chapter.

(2) Access is provided to and from the receiving vessel that meets WAC 317-40-050(5).

(3) A pretransfer conference was held that met the requirements of WAC 317-40-070;

(4) A declaration of inspection was discussed in the pretransfer conference and signed by both persons in charge as required under 33 C.F.R. Sec. 156.120;

(5) The delivering vessel's 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 33 C.F.R. Sec. 155.785; and

(6) The receiving vessel's person in charge has discussed procedures for informing the delivering vessel's person in charge before changing over tanks and beginning topping off.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-080, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-085 Work hours.

Receiving and delivering vessel personnel involved in bunkering may not work more than 15 hours in any 24-hour period nor more than 36 hours in any 72-hour period except in an emergency or spill response operation. For purposes of this section, "emergency" means an unforeseen situation that poses an imminent threat to human safety, or the environment, or substantial loss of property.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-085, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-090 Record keeping.

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

(2) The master or officer in charge shall record in the receiving vessel's official or deck log that a pretransfer conference was held prior to bunkering that complied with the requirements of WAC 317-40-070.

(3) The receiving vessel's preloading plan and declaration of inspection shall be retained on the vessel for 30 days from the date of bunkering.

(4) The receiving and delivering vessels’ owner or operator shall maintain records, such as log book entries, maintenance records or payroll records, demonstrating compliance with work hour restrictions in WAC 317-40-085 and shall, upon request, provide that information to the office of marine safety.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-090, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-100 Owner and operator responsibilities.

(1) Owners and operators of receiving and delivering vessels must ensure that the procedures required under this chapter are implemented and followed on their vessels.

(2) Owners and operators shall ensure that records are kept as required by this chapter and federal regulations.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-100, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-110 Location of bunkering (reserved).

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-110, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-120 Best achievable technology (reserved).

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-120, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-130 Oil spills.

(1) In the event oil is spilled into the water, or discharged onto either the receiving or delivering vessel's deck outside fixed containment, the vessel’s persons in charge shall immediately shut down the bunkering operation.

(2) Bunkering may not resume until:

(a) Notification is made as required in RCW 90.56.280; and

(b) The persons in charge determine that there is no threat of subsequent oil spills.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-130, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-140 Compliance.

(1) Upon request by the office, an owner or operator of a receiving or delivering vessel involved in bunkering in state waters shall demonstrate compliance with this chapter. The owner or operator shall make available to the office any or all of the following: (a) The receiving vessel's official and engineering logs; (b) written company policies; (c) standing orders; (d) the receiving vessel's preloading plan; (e) each vessel's declaration of inspection form; (f) the vessel's oil transfer procedures; and (g) training materials.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-140, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-150 Enforcement.

(1) Failure to comply with the requirements of chapter 88.46 RCW, the provisions of this chapter, or any order or administrative action issued by the office under this chapter, the office may:

(1) Order an immediate shutdown of the bunkering procedure;

(2) Require additional personnel;

(3) Refer the violations for criminal prosecution pursuant to RCW 88.46.080; or

(4) Take other appropriate actions to address the violation.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-150, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-900 Effective date.

This chapter shall take effect 90 days after the order adopting these rules is filed with the office of the code reviser.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-900, filed 7/29/94, effective 10/29/94.

Wash. Admin. Code § 317-40-910 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-910, filed 7/29/94, effective 10/29/94.