section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text
17:17:2.0.1.1.21.0.1.1,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.101 Purpose.,CFTC,,,,"This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the U.S. Postal Service."
17:17:2.0.1.1.21.0.1.10,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.141-149.148 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.11,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.149 Program accessibility: Discrimination prohibited.,CFTC,,,,"Except as otherwise provided in § 149.150, no qualified handicapped person shall, because the agency's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency."
17:17:2.0.1.1.21.0.1.12,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.150 Program accessibility: Existing facilities.,CFTC,,,,"(a)  General.  The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not—

(1) Necessarily require the agency to make each of its existing facilities accessible to and usable by handicapped persons;

(2) In the case of historic preservation programs, require the agency to take any action that would result in a substantial impairment of significant historic features of an historic property; or

(3) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 149.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that handicapped persons receive the benefits and services of the program or activity.

(b)  Methods —(1)  General.  The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by handicapped persons. The agency is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The agency, in making alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any regulations implementing it. In choosing among available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and activities to qualified handicapped persons in the most integrated setting appropriate.

(2)  Historic preservation programs.  In meeting the requirements of § 149.150(a) in historic preservation programs, the agency shall give priority to methods that provide physical access to handicapped persons. In cases where a physical alteration to an historic property is not required because of § 149.150(a)(2) or (a)(3), alternative methods of achieving program accessibility include—

(i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible;

(ii) Assigning persons to guide handicapped persons into or through portions of historic properties that cannot otherwise be made accessible; or

(iii) Adopting other innovative methods.

(c)  Time period for compliance.  The agency shall comply with the obligations established under this section by October 21, 1986, except that where structural changes in facilities are undertaken, such changes shall be made by August 22, 1989, but in any event as expeditiously as possible.

(d)  Transition plan.  In the event that structural changes to facilities will be undertaken to achieve program accessibility, the agency shall develop, by February 23, 1987, a transition plan setting forth the steps necessary to complete such changes. The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the development of the transition plan by submitting comments (both oral and written). A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum—

(1) Identify physical obstacles in the agency's facilities that limit the accessibility of its programs or activities to handicapped persons;

(2) Describe in detail the methods that will be used to make the facilities accessible;

(3) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and

(4) Indicate the official responsible for implementation of the plan."
17:17:2.0.1.1.21.0.1.13,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.151 Program accessibility: New construction and alterations.,CFTC,,,,"Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section."
17:17:2.0.1.1.21.0.1.14,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.152-149.159 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.15,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.160 Communications.,CFTC,,,,"(a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public.

(1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency.

(i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the handicapped person.

(ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.

(2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf person (TDD's) or equally effective telecommunication systems shall be used.

(b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.

(c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility.

(d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and adminstrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 149.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, handicapped persons receive the benefits and services of the program or activity."
17:17:2.0.1.1.21.0.1.16,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.161-149.169 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.17,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.170 Compliance procedures.,CFTC,,,"[51 FR 22889, 22896, June 23, 1986, as amended at 51 FR 22889, June 23, 1986; 60 FR 49336, Sept. 25, 1995; 89 FR 71819, Sept. 4, 2024]","(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency.

(b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

(c) The Executive Director of the Commission shall be responsible for coordinating implementation of this section. Complaints may be sent to the Equal Employment Opportunity Officer at the Commission's Washington, DC headquarters.

(d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause.

(e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity.

(f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily accessible to and usable by handicapped persons.

(g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing—

(1) Findings of fact and conclusions of law;

(2) A description of a remedy for each violation found; and

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by § 149.170(g). The agency may extend this time for good cause.

(i) Timely appeals shall be accepted and processed by the head of the agency.

(j) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.

(k) The time limits cited in paragraphs (g) and (j) of this section may be extended with the permission of the Assistant Attorney General.

(l) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency."
17:17:2.0.1.1.21.0.1.2,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.102 Application.,CFTC,,,,This part applies to all programs or activities conducted by the agency.
17:17:2.0.1.1.21.0.1.3,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.103 Definitions.,CFTC,,,,"For purposes of this part, the term—

Assistant Attorney General  means the Assistant Attorney General, Civil Rights Division, U.S. Department of Justice.

Auxiliary aids  means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, brailled materials, audio recordings, telecommunications devices and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices.

Complete complaint  means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.

Facility  means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.

Handicapped person  means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

As used in this definition, the phrase:

(1)  Physical or mental impairment  includes—

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alocoholism.

(2)  Major life activities  includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(3)  Has a record of such an impairment  means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(4)  Is regarded as having an impairment  means—

(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by the agency as having such an impairment.

Historic preservation programs  means programs conducted by the agency that have preservation of historic properties as a primary purpose.

Historic properties  means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body.

Qualified handicapped person  means—

(1) With respect to preschool, elementary, or secondary education services provided by the agency, a handicapped person who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency.

(2) With respect to any other agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, a handicapped person who meets the essential eligibility requirements and who can acheive the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature;

(3) With respect to any other program or activity, a handicapped person who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and

(4)  Qualified handicapped person  is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by § 149.140.

Section 504  means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), and the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

Substantial impairment  means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration."
17:17:2.0.1.1.21.0.1.4,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.104-149.110 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.5,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.111 Notice.,CFTC,,,,"The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation."
17:17:2.0.1.1.21.0.1.6,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.112-149.129 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.7,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.130 General prohibitions against discrimination.,CFTC,,,,"(a) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency.

(b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap—

(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;

(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

(v) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or

(vi) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

(2) The agency may not deny a qualified handicapped person the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.

(3) The agency may not, directly or through contractual or other arrangments, utilize criteria or methods of administration the purpose or effect of which would—

(i) Subject qualified handicapped persons to discrimination on the basis of handicap; or

(ii) Defeat or substantially impair accomplishment of the objectives of a program activity with respect to handicapped persons.

(4) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would—

(i) Exclude handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the agency; or

(ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to handicapped persons.

(5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified handicapped persons to discrimination on the basis of handicap.

(6) The agency may not administer a licensing or certification program in a manner that subjects qualified handicapped persons to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licensees or certified entities that subject qualified handicapped persons to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the agency are not, themselves, covered by this part.

(c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Executive order to handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Executive order to a different class of handicapped persons is not prohibited by this part.

(d) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons."
17:17:2.0.1.1.21.0.1.8,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§§ 149.131-149.139 [Reserved],CFTC,,,,
17:17:2.0.1.1.21.0.1.9,17,Commodity and Securities Exchanges,I,,149,PART 149—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES TRADING COMMISSION,,,,§ 149.140 Employment.,CFTC,,,,"No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities."
33:33:2.0.1.4.17.1.65.1,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",A,Subpart A—General,,§ 149.1 What does this part do?,USCG,,,,This part provides requirements for the design and construction of deepwater ports. It also provides the requirements for equipment for deepwater ports.
33:33:2.0.1.4.17.1.65.2,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",A,Subpart A—General,,§ 149.3 Incorporation by reference.,USCG,,,"[USCG-2012-0190, 81 FR 48243, July 22, 2016]","(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a 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 (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection 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 .

(b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000,  http://www.nfpa.org .

(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 149.408(a) through (d).

(2) [Reserved]"
33:33:2.0.1.4.17.1.65.3,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",A,Subpart A—General,,§ 149.5 What definitions apply to this part?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","Definitions applicable to this part appear in 33 CFR 148.5. In addition, the following terms are used in this part and have the indicated meanings:

Accommodation module  means a module with one or more accommodation spaces that is individually contracted and may be used for one or more facilities.

Major conversion  means a conversion, as determined by the Commandant (CG-5P), that substantially changes the dimensions of a facility, substantially changes the water depth capability of a fixed facility, substantially changes the carrying capacity of a floating facility, substantially changes the processing equipment, changes the type of a facility, substantially prolongs the life of a facility, or otherwise so changes the facility that it is essentially a new facility.

Service space  means a space used for a galley, a pantry containing cooking appliances, a storeroom, or a workshop other than those in industrial areas, and trunks to those spaces.

Sleeping space  means a space provided with bunks for sleeping."
33:33:2.0.1.4.17.1.65.4,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",A,Subpart A—General,,§ 149.10 Where can the operator obtain a list of Coast Guard-approved equipment?,USCG,,,"[USCG-2013-0397, 78 FR 39178, July 1, 2013]","Where equipment in this subchapter must be of an approved type, the equipment must be specifically approved by the Commandant (CG-5P) and the Coast Guard Marine Safety Center. A list of approved equipment, including all of the approval series, is available at:  http://cgmix.uscg.mil/Equipment/Default.aspx."
33:33:2.0.1.4.17.1.65.5,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",A,Subpart A—General,,§ 149.15 What is the process for submitting alterations and modifications affecting the design and construction of a deepwater port?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2020-0304, 85 FR 58279, Sept. 18, 2020]","(a) Alterations and modifications affecting the design and construction of a deepwater port must be submitted to the Commandant (CG-5P) for review and approval if:

(1) A license has not yet been issued; or,

(2) A license has been issued but the port has not commenced operations; or,

(3) The alteration and modification are deemed a major conversion; or,

(4) The alteration or modification substantially changes the manner in which the port operates or is not in accordance with a condition of the license.

(b) All other alterations and modifications to the deepwater port must be submitted to the Officer in Charge of Marine Inspection (OCMI) for review and approval.

(c) Approval for alterations and modifications proposed after a license has been issued will be contingent upon whether the proposed changes will affect the way the port operates, or any conditions imposed in the license.

(d) The licensee is not authorized to proceed with alterations prior to approval from the Commandant (CG-5P) for the conditions outlined in paragraph (a) and approval by the cognizant OCMI as required in paragraph (b) of this section.

(e) The Commandant (CG-5P), during the review and approval process of a proposed alteration or modification, may consult with the Marine Safety Center and cooperating Federal agencies possessing relevant technical expertise."
33:33:2.0.1.4.17.2.65.1,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.100 What does this subpart do?,USCG,,,,This subpart provides requirements for pollution equipment on deepwater ports.
33:33:2.0.1.4.17.2.65.10,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.140 What communications equipment must be on a deepwater port?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","(a) Each deepwater port must have the following communications equipment:

(1) A system for continuous two-way voice communication among the deepwater port, the tankers, the support vessels, and other vessels operating at the deepwater port. The system must be usable and effective in all phases of a transfer and in all conditions of weather at the deepwater port;

(2) A means to indicate the need to use the communication system required by this section, even if the means is the communication system itself; and

(3) Equipment that, for each portable means of communication used to meet the requirements of this section, is:

(i) Certified under 46 CFR 111.105-11 to be operated in Group D, Class 1, Division 1 Atmosphere; and,

(ii) Permanently marked with the certification required in paragraph (a)(3)(i) of this section. As an alternative to this marking requirement, a document certifying that the portable radio devices in use are in compliance with this section may be kept at the deepwater port.

(b) The communication system of the tank ship mooring at an unmanned deepwater port will be deemed the primary means of communicating with support vessels, shore side, etc."
33:33:2.0.1.4.17.2.65.11,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,"§ 149.145 What are the requirements for curbs, gutters, drains, and reservoirs?",USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","Each pumping platform complex must have enough curbs, gutters, drains, and reservoirs to collect, in the reservoirs, all oil and contaminants not authorized for discharge into the ocean according to the deepwater port's National Pollution Discharge Elimination System permit."
33:33:2.0.1.4.17.2.65.2,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.103 What are the requirements for discharge containment and removal material and equipment?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","(a) Each deepwater port must have a facility response plan that meets the requirements outlined in part 154, subpart F, of this chapter, and be approved by the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority.

(b) The facility response plan must identify adequate spill containment and removal equipment for deepwater port-specific spill scenarios.

(c) Response equipment and material must be pre-positioned for ready access and use on board the deepwater port."
33:33:2.0.1.4.17.2.65.3,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.105 What are the requirements for the overflow and relief valves?,USCG,,,,"(a) Each oil and natural gas transfer system (OTS/NGTS) must include a relief valve that, when activated, prevents pressure on any component of the OTS/NGTS from exceeding its maximum rated pressure.

(b) The transfer system overflow or relief valve must not allow a discharge into the sea."
33:33:2.0.1.4.17.2.65.4,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.110 What are the requirements for pipeline end manifold shutoff valves?,USCG,,,,Each pipeline end manifold must have a shutoff valve capable of operating both manually and from the pumping platform complex.
33:33:2.0.1.4.17.2.65.5,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.115 What are the requirements for blank flange and shutoff valves?,USCG,,,,Each floating hose string must have a blank flange and a shutoff valve at the vessel's manifold end.
33:33:2.0.1.4.17.2.65.6,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.120 What are the requirements for manually operated shutoff valves?,USCG,,,,Each oil and natural gas transfer line passing through a single point mooring buoy system must have a manual shutoff valve.
33:33:2.0.1.4.17.2.65.7,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.125 What are the requirements for the malfunction detection system?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","(a) Each oil and natural gas system, between a pumping platform complex and the shore, must have a system that can detect and locate leaks and other malfunctions, particularly in high-risk areas.

(b) The marine transfer area on an oil deepwater port must be equipped with a monitoring system in accordance with § 154.525 of this chapter.

(c) A natural gas deepwater port must be equipped with gas detection equipment adequate for the type of transfer system, including storage and regasification, used. The Commandant (CG-5P) will evaluate proposed leak-detection systems for natural gas on an individual basis."
33:33:2.0.1.4.17.2.65.8,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.130 What are the requirements for the cargo transfer system alarm?,USCG,,,,"(a) Each cargo transfer system must have an alarm to signal a malfunction or failure in the system.

(b) The alarm must sound automatically in the control room and:

(1) Be capable of being activated at the pumping platform complex;

(2) Have a signal audible in all areas of the pumping platform complex, except in areas under paragraph (b)(3) of this section;

(3) Have a high intensity flashing light in areas of high ambient noise levels where hearing protection is required under § 150.615 of this chapter; and

(4) Be distinguishable from the general alarm.

(c) Tankers calling on unmanned deepwater ports must be equipped with a transfer system alarm described in this section."
33:33:2.0.1.4.17.2.65.9,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",B,Subpart B—Pollution Prevention Equipment,,§ 149.135 What should be marked on the cargo transfer system alarm switch?,USCG,,,,"Each switch for activating an alarm, and each audio or visual device for signaling an alarm, must be identified by the words “Oil Transfer Alarm” or “Natural Gas Transfer Alarm” in red letters at least 1 inch high on a yellow background."
33:33:2.0.1.4.17.3.65.1,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.300 What does this subpart do?,USCG,,,,This subpart provides requirements for lifesaving equipment on deepwater ports.
33:33:2.0.1.4.17.3.65.10,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.309 What are the requirements for marine evacuation systems?,USCG,,,,All marine evacuation systems must be approved under approval series 160.175 and comply with the launching arrangement requirements for mobile offshore drilling units in 46 CFR 108.545.
33:33:2.0.1.4.17.3.65.11,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.310 What are the muster and embarkation requirements for survival craft?,USCG,,,,Muster and embarkation arrangements for survival craft must comply with 46 CFR 108.540.
33:33:2.0.1.4.17.3.65.12,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.311 What are the launching and recovery requirements for lifeboats?,USCG,,,,"(a) Each lifeboat launched by falls must have a launching and recovery system that complies with 46 CFR 108.555.

(b) Each free-fall lifeboat must have a launching and recovery system that complies with 46 CFR 108.557."
33:33:2.0.1.4.17.3.65.13,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.312 What are the launching equipment requirements for inflatable liferafts?,USCG,,,,"(a) Each inflatable liferaft not intended for davit launching must be capable of rapid deployment.

(b) Each liferaft capable of being launched by a davit must have the following launching equipment at each launching station:

(1) A launching device approved under approval series 160.163; and

(2) A mechanical disengaging apparatus approved under approval series 160.170.

(c) The launching equipment must be operable, both from within the liferaft and from the deepwater port.

(d) Winch controls must be located so that the operator can observe the liferaft launching.

(e) The launching equipment must be arranged so that a loaded liferaft does not have to be lifted before it is lowered.

(f) Not more than two liferafts may be launched from the same set of launching equipment."
33:33:2.0.1.4.17.3.65.14,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.313 How must survival craft be arranged?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","The operator must arrange survival craft so that they meet the requirements of 46 CFR 108.525 (a) and § 108.530 and so that they—

(a) Are readily accessible in an emergency;

(b) Are accessible for inspection, maintenance, and testing;

(c) Are in locations clear of overboard discharge piping or openings, and obstructions below; and

(d) Are located so that survival craft with an aggregate capacity to accommodate 100% of the total number of persons authorized to be berthed are readily accessible from the personnel berthing area."
33:33:2.0.1.4.17.3.65.15,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.314 What are the approval and stowage requirements for rescue boats?,USCG,,,,"(a) Rescue boats must be approved under approval series 160.156. A lifeboat is acceptable as a rescue boat if it also meets the requirements for a rescue boat under approval series 160.156.

(b) The stowage of rescue boats must comply with 46 CFR 108.565."
33:33:2.0.1.4.17.3.65.16,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,"§ 149.315 What embarkation, launching, and recovery arrangements must rescue boats meet?",USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Each rescue boat must be capable of being launched in a current of up to 5 knots. A painter may be used to meet this requirement.

(b) Each rescue boat embarkation and launching arrangement must permit the rescue boat to be boarded and launched in the shortest possible time.

(c) If the rescue boat is one of the deepwater port's survival craft, then the rescue boat must comply with the muster and embarkation arrangement requirements of § 149.310 of this part.

(d) The rescue boat must comply with the embarkation arrangement requirements of 46 CFR 108.555.

(e) If the launching arrangement uses a single fall, the rescue boat may have an automatic disengaging apparatus, approved under approval series 160.170, instead of a lifeboat release mechanism.

(f) The rescue boat must be capable of being recovered rapidly when loaded with its full complement of persons and equipment. If a lifeboat is being used as a rescue boat, rapid recovery must be possible when loaded with its lifeboat equipment and a rescue boat's complement of at least six persons.

(g) Each rescue boat launching appliance must be fitted with a powered winch motor.

(h) Each rescue boat launching appliance must be capable of hoisting the rescue boat, when loaded with its full complement of persons and equipment, at a rate of not less than 59 feet per minute.

(i) The operator may use an onboard crane to launch a rescue boat if the crane's launching system meets the requirements of this section."
33:33:2.0.1.4.17.3.65.17,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.316 What are the requirements for lifejackets?,USCG,,,,"(a) Each lifejacket must be approved under approval series 160.002, 160.005, 160.055, 160.077, or 160.176.

(b) Each lifejacket must have a light approved under approval series 161.012. Each light must be securely attached to the front shoulder area of the lifejacket.

(c) Each lifejacket must have a whistle permanently attached by a cord.

(d) Each lifejacket must be fitted with Type I retroreflective material, approved under approval series 164.018."
33:33:2.0.1.4.17.3.65.18,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.317 How and where must lifejackets be stowed?,USCG,,,,"(a) The operator must ensure that lifejackets are stowed in readily accessible places in or adjacent to accommodation spaces.

(b) Lifejacket stowage containers and the spaces housing the containers must not be capable of being locked.

(c) The operator must mark each lifejacket container or lifejacket stowage location with the word “LIFEJACKETS” in block letters, and the quantity, identity, and size of the lifejackets stowed inside the container or at the location."
33:33:2.0.1.4.17.3.65.19,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.318 Must every person on the deepwater port have a lifejacket?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]",The operator must provide a lifejacket that complies with § 149.316 of this part for each person on a manned deepwater port.
33:33:2.0.1.4.17.3.65.2,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.301 What are the requirements for lifesaving equipment?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]","(a)  Manned Deepwater Port.  Each deepwater port on which at least one person occupies an accommodation space for more than 30 consecutive days in any successive 12-month period must comply with the requirements for lifesaving equipment in this subpart.

(b)  Unmanned Deepwater Port.  Each deepwater port, not under paragraph (a) of this section, must comply with the requirements for lifesaving equipment for unmanned deepwater ports in this subpart."
33:33:2.0.1.4.17.3.65.20,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.319 What additional lifejackets must the deepwater port have?,USCG,,,"[USCG-2013-0397, 78 FR 39179, July 1, 2013]","For each person on duty in a location where the lifejacket required by § 149.317 of this part is not readily accessible, an additional lifejacket must be stowed so as to be readily accessible to that location."
33:33:2.0.1.4.17.3.65.21,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.320 What are the requirements for ring life buoys?,USCG,,,,"(a) Ring life buoys must be approved under approval series 160.050 or 160.150, for SOLAS-approved equipment.

(b) Each ring life buoy must have a floating electric water light approved under approval series 161.010. The operator must ensure that the light to the ring life buoy is attached by a lanyard of 12-thread manila, or a synthetic rope of equivalent strength, not less than 3 feet nor more than 6 feet in length. The light must be mounted on a bracket near the ring life buoy so that, when the ring life buoy is cast loose, the light will be pulled free of the bracket.

(c) To each ring life buoy, there must be attached a buoyant line of 100 feet in length, with a breaking strength of at least 5 kilonewtons force. The end of the line must not be secured to the deepwater port.

(d) Each ring life buoy must be marked with Type II retroreflective material, approved under approval series 164.018."
33:33:2.0.1.4.17.3.65.22,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.321 How many ring life buoys must be on each deepwater port?,USCG,,,,There must be at least four approved ring life buoys on each manned deepwater port.
33:33:2.0.1.4.17.3.65.23,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.322 Where must ring life buoys be located and how must they be stowed?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) The operator must locate one ring life buoy on each side of the deepwater port and one near each external stairway leading to the water. One buoy per side may be used to satisfy both these requirements.

(b) Each ring life buoy must be stowed on or in a rack that is readily accessible in an emergency. The ring life buoy must not be permanently secured in any way to the rack or the deepwater port."
33:33:2.0.1.4.17.3.65.24,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.323 What are the requirements for first aid kits?,USCG,,,,"(a) Each manned deepwater port must have an industrial first aid kit, approved by an appropriate organization, such as the American Red Cross, for the maximum number of persons on the deepwater port.

(b) The first aid kit must be maintained in a space designated as a medical treatment room or, if there is no medical treatment room, under the custody of the person in charge.

(c) The operator must ensure that each first aid kit is accompanied by a copy of either the Department of Health and Human Services Publication No. (PHS) 84-2024, “The Ship's Medicine Chest and Medical Aid at Sea,” available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or the “American Red Cross First Aid and Safety Handbook,” available from Little Brown and Company, 3 Center Plaza, Boston, MA 02018."
33:33:2.0.1.4.17.3.65.25,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.324 What are the requirements for litters?,USCG,,,,"Each manned deepwater port must have at least one Stokes or other suitable litter, capable of safely hoisting an injured person. The litter must be readily accessible in an emergency."
33:33:2.0.1.4.17.3.65.26,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.325 What emergency communications equipment must be on a manned deepwater port?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","Each manned deepwater port must have a radio, telephone, or other means of emergency communication with the shore, vessels, and facilities in the vicinity in the event the primary communications system outlined in § 149.140 of this part fails. This communication equipment must have an emergency power source."
33:33:2.0.1.4.17.3.65.27,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.326 What are the immersion suit requirements?,USCG,,,,Each manned deepwater port located north of 32 degrees North latitude must comply with the immersion suit requirements in 46 CFR 108.580.
33:33:2.0.1.4.17.3.65.28,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.327 What are the approval requirements for work vests and anti-exposure (deck) suits?,USCG,,,,"All work vests and anti-exposure (deck) suits on a manned deepwater port must be of a buoyant type approved under:

(a) Approval series 160.053 as a work vest;

(b) Approval series 160.053 or 160.153 as an anti-exposure suit; or

(c) Approval series 160.077 as a commercial hybrid personal flotation device."
33:33:2.0.1.4.17.3.65.29,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.328 How must work vests and anti-exposure (deck) suits be stowed?,USCG,,,,All work vests and deck suits must be stowed separately from lifejackets and in a location that is not easily confused with a storage area for lifejackets.
33:33:2.0.1.4.17.3.65.3,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.302 What are the requirements when lifesaving equipment is repaired or replaced?,USCG,,,,"When lifesaving equipment is replaced, or when the deepwater port undergoes a repair, alteration, or modification that involves replacing or adding to the lifesaving equipment, the new lifesaving equipment must meet the requirements of this subpart."
33:33:2.0.1.4.17.3.65.30,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.329 How must work vests and deck suits be marked?,USCG,,,,"All work vests and deck suits must be fitted with Type I retroreflective material, approved under approval series 164.018."
33:33:2.0.1.4.17.3.65.31,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.330 When may a work vest or deck suit be substituted for a lifejacket?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) A work vest or deck suit meeting the requirements of § 149.326 of this part may be used instead of a lifejacket when personnel are working near or over water.

(b) Work vests or deck suits may not be substituted for any portion of the number of approved lifejackets required on the deepwater port or attending vessel for use during drills and emergencies."
33:33:2.0.1.4.17.3.65.32,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.331 What are the requirements for hybrid personal flotation devices?,USCG,,,,"(a) The operator must ensure that the use and stowage of all commercial hybrid personal flotation devices (PFDs) used as work vests comply with the procedures required for them in 46 CFR 160.077-29, and all limitations, if any, marked on them.

(b) All commercial hybrid PFDs on the deepwater port must be of the same or similar design and must have the same method of operation."
33:33:2.0.1.4.17.3.65.33,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.332 What are the requirements for inflatable lifejackets?,USCG,,,,"(a) Each inflatable lifejacket must be approved under approval series 160.176.

(b) All inflatable lifejackets on a deepwater port must:

(1) Be used and stowed according to the procedures contained in the manual required for them under 46 CFR 160.176-21;

(2) Be marked with all limitations, if any; and

(3) Be of the same or similar design and have the same method of operation."
33:33:2.0.1.4.17.3.65.34,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.333 What are the marking requirements for lifesaving equipment?,USCG,,,,"(a) Each lifeboat, rigid liferaft, and survival capsule must be marked on two opposite outboard sides with the name, number, or other inscription identifying the deepwater port on which it is placed, and the number of persons permitted on the craft. Each paddle or oar for these crafts must also be marked with an inscription identifying the deepwater port. The letters and numbers must be at least 100 millimeters (3.94 inches) high on a contrasting background.

(b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-33, and, after each servicing, marked to meet 46 CFR 160.151-57(m).

(c) Each lifejacket and ring life buoy must be conspicuously marked with the name, number, or other inscription identifying the deepwater port on which it is placed. The letters and numbers must be at least 1.5 inches (38 mm) high on a contrasting background. Lifejackets and ring life buoys that accompany mobile crews to unmanned deepwater ports may be marked with the operator's name and field designation."
33:33:2.0.1.4.17.3.65.4,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.303 What survival craft and rescue boats may be used on a manned deepwater port?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Each survival craft on a manned deepwater port must be one of the following:

(1) A lifeboat meeting the requirements of § 149.306 of this part; or

(2) A liferaft meeting the requirements of § 149.308 of this part.

(b) Each rescue boat on a manned deepwater port must be a rescue boat meeting the requirements of § 149.314 of this part."
33:33:2.0.1.4.17.3.65.5,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.304 What type and how many survival craft and rescue boats must a manned deepwater port have?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Except as specified under § 149.305 of this part, each manned deepwater port must have at least the type and number of survival craft and the number of rescue boats indicated for the deepwater port in paragraphs (a)(1) through (a)(5) of this section.

(1) For a deepwater port with 30 or fewer persons on board:

(i) One or more lifeboats with a total capacity of 100 percent of the personnel on board;

(ii) One or more liferafts with a total capacity of 100 percent of the personnel on board; and

(iii) One rescue boat, except that the rescue boat is not required for deepwater ports with eight or fewer persons on board.

(2) For a deepwater port with 31 or more persons on board:

(i) At least two lifeboats with a total capacity of 100 percent of the personnel on board;

(ii) One or more liferafts with a total capacity so that, if the survival craft at any one location are rendered unusable, there will be craft remaining with a total capacity of 100 percent of the personnel on board; and

(iii) One rescue boat.

(3) Lifeboats may be substituted for liferafts.

(4) Capacity refers to the total number of persons on the deepwater port at any one time, not including temporary personnel. Temporary personnel include: contract workers, official visitors, and any other persons who are not permanent employees. See § 149.305 of this part for additional survival craft requirements when temporary personnel are on board.

(5) The required lifeboats may be used as rescue boats if the lifeboats also meet the requirements for rescue boats in § 149.314 of this part.

(b) Deepwater ports consisting of novel structures or a combination of fixed and/or floating structures may require additional survival craft as deemed necessary by the Commandant (CG-5P). In these cases, the type and number of survival craft must be specified in the operations manual."
33:33:2.0.1.4.17.3.65.6,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.305 What are the survival craft requirements for temporary personnel?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) When temporary personnel are on board a manned deepwater port and the complement exceeds the capacity of the survival craft required under § 149.304 of this part, the deepwater port must have additional liferafts to ensure that the total capacity of the survival craft is not less than 150 percent of the personnel on board at any time.

(b) The liferafts required in paragraph (a) of this section need not meet the launching requirements of paragraph (b) to § 149.308 of this part, but must comply with the stowage requirements of 46 CFR 108.530(c)."
33:33:2.0.1.4.17.3.65.7,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.306 What are the requirements for lifeboats?,USCG,,,,"(a) Lifeboats must be:

(1) Totally enclosed, fire-protected, and approved under approval series 160.135; and

(2) If the hull or canopy is of aluminum, it must be protected in its stowage position by a water spray system meeting the requirements of 46 CFR 34.25.

(b) Each lifeboat must have at least the provisions and survival equipment required by 46 CFR 108.575(b).

(c) Except for boathooks, the equipment under paragraph (b) of this section must be securely stowed in the lifeboat.

(d) Each lifeboat must have a list of the equipment it is required to carry under paragraph (c) of this section. The list must be posted in the lifeboat.

(e) The manufacturer's instructions for maintenance and repair of the lifeboat, required under § 150.502(a) of this chapter, must be in the lifeboat or on the deepwater port."
33:33:2.0.1.4.17.3.65.8,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.307 What are the requirements for free-fall lifeboats?,USCG,,,,All free-fall lifeboats must be approved under approval series 160.135.
33:33:2.0.1.4.17.3.65.9,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.308 What are the requirements for liferafts?,USCG,,,,"(a) Each liferaft must be an inflatable liferaft approved under approval series 160.151, or a rigid liferaft approved under approval series 160.118.

(b) Except as under § 149.305(b) of this subpart, each inflatable or rigid liferaft, boarded from a deck that is more than 4.5 meters (14.75 feet) above the water, must be davit-launched or served by a marine evacuation system complying with § 149.309 to this subpart."
33:33:2.0.1.4.17.3.66.35,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.334 Who must ensure compliance with the requirements for unmanned deepwater ports?,USCG,,,,The owner or operator of an unmanned deepwater port must ensure that applicable requirements are complied with on that deepwater port.
33:33:2.0.1.4.17.3.66.36,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.335 When are people prohibited from being on an unmanned deepwater port?,USCG,,,,No person may be on an unmanned deepwater port unless all requirements of this part are met.
33:33:2.0.1.4.17.3.66.37,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.336 What are the requirements for lifejackets?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Except as provided in paragraph (b) of this section, each unmanned deepwater port must have at least one lifejacket complying with § 149.316 of this part for each person on the deepwater port. The lifejackets need to be available for use on the deepwater port only when persons are onboard.

(b) During helicopter visits, personnel who have aircraft type of lifejackets may use them as an alternative to the requirements of paragraph (a) of this section."
33:33:2.0.1.4.17.3.66.38,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.337 What are the requirements for ring life buoys?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Each unmanned deepwater port must have at least one ring life buoy complying with § 149.320 to this part.

(b) If there is no space on the deepwater port for the ring life buoys, they must be on a manned vessel located alongside of the deepwater port while the persons are on the deepwater port."
33:33:2.0.1.4.17.3.66.39,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.338 What are the requirements for immersion suits?,USCG,,,,"(a) Each unmanned deepwater port located north of 32 degrees North latitude must comply with the immersion suit requirements applicable to mobile offshore drilling units under 46 CFR 108.580, and immersion suits must be approved under approval series 160.171. Except as under paragraph (b) of this section, the immersion suits need be on the deepwater port only when persons are on board.

(b) If an attending vessel is moored to the unmanned deepwater port, the suits may be stowed on the vessel, instead of on the deepwater port."
33:33:2.0.1.4.17.3.66.40,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.339 What is the requirement for previously approved lifesaving equipment on a deepwater port?,USCG,,,,"Lifesaving equipment such as lifeboats, liferafts, and PFDs on a deepwater port on January 1, 2004, need not meet the requirements of this subpart until the equipment needs replacing, provided it is periodically tested and maintained and in good operational condition."
33:33:2.0.1.4.17.3.66.41,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",C,Subpart C—Lifesaving Equipment,,§ 149.340 What are the requirements for lifesaving equipment that is not required by this subchapter?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]",Each item of lifesaving equipment on a deepwater port that is not required by this subchapter must be approved by the Commandant (CG-5P).
33:33:2.0.1.4.17.4.67.1,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.400 What does this subpart apply to?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]",This subpart applies to all deepwater ports except unmanned deepwater ports consisting of a submerged turret loading or comparable configuration in which cargo transfer operations are conducted solely aboard the tank vessel by the vessel crew.
33:33:2.0.1.4.17.4.67.10,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,"§ 149.410 Location and number of fire extinguishers required for manned deepwater ports constructed before August 22, 2016.",USCG,,,"[USCG-2012-0196, 81 FR 48244, July 22, 2016, as amended by USCG-2020-0519, 89 FR 76694, Sept. 18, 2024]","Manned deepwater ports constructed before August 22, 2016, must meet the following requirements:

(a) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 149.409 of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.

(b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels."
33:33:2.0.1.4.17.4.67.11,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.411 What are the requirements for firemen's outfits?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Each manned deepwater port with nine or more persons must have at least two firemen's outfits complying with 46 CFR 108.497.

(b) The person in charge of safety must ensure that:

(1) At least two people trained in the use of firemen's outfits are on the deepwater port at all times;

(2) Each fireman's outfit and its spare equipment are stowed together in a readily accessible container or locker. No more than one outfit must be stowed in the same container or locker. The two containers or lockers must be located in separate areas to ensure that at least one is available at all times in the event of a fire; and

(3) Firemen's outfits are not used for any purpose other than firefighting."
33:33:2.0.1.4.17.4.67.12,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.412 How many fire axes are needed?,USCG,,,,Each manned deepwater port must have at least two fire axes as required by 46 CFR 108.499.
33:33:2.0.1.4.17.4.67.13,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,"§ 149.413 On a manned deepwater port, what spaces require a fixed fire extinguishing system?",USCG,,,,"The manned deepwater port spaces or systems listed in paragraphs (a) through (c) of this section must be protected by an approved fixed gaseous or other approved fixed-type extinguishing system.

(a) Paint lockers with a carrying capacity of more than 200 cubic feet, and similar spaces containing flammable liquids.

(b) Galley ranges or deep fat fryers.

(c) Each enclosed space containing internal combustion or gas turbine machinery with an aggregate power of more than 1,000 B.H.P., and any associated fuel oil units, purifiers, valves, or manifolds."
33:33:2.0.1.4.17.4.67.14,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.414 What are the requirements for a fire detection and alarm system?,USCG,,,,"(a) All accommodation and service spaces on a manned deepwater port, and all spaces or systems on a manned or unmanned deepwater port for processing, storing, transferring, or regasifying liquefied natural gas, must have an automatic fire detection and alarm system that:

(1) Either complies with 46 CFR 108.405 or

(2) Is designed and installed in compliance with a national consensus standard, as that term is defined in 29 CFR 1910.2, for fire detection and fire alarm systems, and that complies with standards set by a nationally recognized testing laboratory, as that term is defined in 29 CFR 1910.7, for such systems or hardware.

(b) Sleeping quarters must be fitted with smoke detectors that have local alarms and that may or may not be connected to the central alarm panel.

(c) Each fire detection and fire alarm system must have both a visual alarm and an audible alarm at a normally manned area.

(d) Each fire detection and fire alarm system must be divided into zones to limit the area covered by a particular alarm signal."
33:33:2.0.1.4.17.4.67.15,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.415 What are the requirements for a fire main system on a manned deepwater port?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) Each pumping platform complex must have a fixed fire main system. The system must either:

(1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR 127.607 if it is a natural gas deepwater port; or

(2) Comply with a national consensus standard, as that term is defined in 29 CFR 1910.2, for such systems and hardware, and comply with the standards set by a nationally recognized testing laboratory, as that term is defined in 29 CFR 1910.7, for such systems and hardware.

(b) If the fire main system meets the requirements outlined in paragraph (a)(2) of this section, it must provide, at a minimum, protection to:

(1) Accommodation spaces;

(2) Accommodation modules;

(3) Control spaces; and

(4) Other areas frequented by deepwater port personnel.

(c) The hose system must be capable of reaching all parts of these spaces without difficulty.

(d) Under paragraph (a)(2) of this section, the fire main system may be part of a fire water system in accordance with 30 CFR 250.803.

(e) A fire main system for a natural gas deepwater port must also comply with 33 CFR 127.607."
33:33:2.0.1.4.17.4.67.16,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.416 What are the requirements for a dry chemical fire suppression system?,USCG,,,,Each natural gas deepwater port must be equipped with a dry chemical system that meets the requirements of § 127.609 of this chapter.
33:33:2.0.1.4.17.4.67.17,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.417 What firefighting equipment must a helicopter landing deck on a manned deepwater port have?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","Each helicopter landing deck on a manned deepwater port must have the following:

(a) A fire hydrant and hose located near each stairway to the landing deck. If the landing deck has more than two stairways, only two stairways need to have a fire hydrant and hose. The fire hydrants must be part of the fire main system; and

(b) Portable fire extinguishers in the quantity and location as required in Table 149.409 of this part."
33:33:2.0.1.4.17.4.67.18,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.418 What fire protection system must a helicopter fueling facility have?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","In addition to the portable fire extinguishers required under Table 149.409 of this part, each helicopter fueling facility must have a fire protection system complying with 46 CFR 108.489."
33:33:2.0.1.4.17.4.67.19,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.419 Can the water supply for the helicopter deck fire protection system be part of a fire water system?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) The water supply for the helicopter deck fire protection system required under § 149.420 or § 149.421 of this part may be part of:

(1) The fire water system, installed in accordance with Bureau of Ocean Energy Management regulations under 30 CFR 250.803; or

(2) The fire main system under § 149.415 of this part.

(b) If the water supply for the helicopter deck fire protection system is part of an independent accommodation fire main system, the piping design and hardware must be compatible with the system and must comply with the requirements for fire mains in 46 CFR 108.415 through 108.429."
33:33:2.0.1.4.17.4.67.2,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.401 What are the general requirements for firefighting and fire protection equipment?,USCG,,,,Each deepwater port must comply with the requirements for firefighting and fire protection equipment in this subpart.
33:33:2.0.1.4.17.4.67.20,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.420 What are the fire protection requirements for escape routes?,USCG,,,,"At least one escape route from an accommodation space or module to a survival craft or other means of evacuation must provide adequate protection. Separation of the escape route from the cargo area by steel construction, in accordance with 46 CFR 108.133, or equivalent protection is considered adequate protection for personnel escaping from fires and explosions. Additional requirements for escape routes are in subpart F of this part."
33:33:2.0.1.4.17.4.67.21,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.421 What is the requirement for a previously approved fire detection and alarm system on a deepwater port?,USCG,,,,"An existing fire detection and alarm system on a deepwater port need not meet the requirements in this subpart until the system needs replacing, provided it is periodically tested and maintained in good operational condition."
33:33:2.0.1.4.17.4.67.3,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.402 What firefighting and fire protection equipment must be approved by the Coast Guard?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","Except as permitted under § 149.403, § 149.415(c) or (d), § 149.419(a)(1), or § 149.420 of this part, all required firefighting and fire protection equipment on a deepwater port must be approved by the Commandant (CG-ENG). Firefighting and fire protection equipment that supplements required equipment must also be approved by the Commandant (CG-ENG), unless approval by the Officer in Charge of Marine Inspection (OCMI) is requested and granted pursuant to § 149.403 of this subpart."
33:33:2.0.1.4.17.4.67.4,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.403 How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013; USCG-2012-0196, 81 FR 48243, July 22, 2016]","(a) The operator may request the use of alternate or excess equipment or procedures than those required in this subchapter.

(b) Upon request, the Sector Commander, or MSU Commander with COTP and OCMI authority, may allow the use of alternate equipment or procedures if the alternatives will:

(1) Accomplish the purposes for the requirement; and

(2) Provide a degree of safety equivalent to or greater than that provided by the requirement.

(c) The Sector Commander, or MSU Commander with COTP and OCMI authority, may require that the requesting party:

(1) Explain why applying the requirement would be unreasonable or impracticable; or

(2) Submit engineering calculations, tests, or other data to demonstrate how the requested alternative would comply with paragraph (b) of this section.

(d) The Sector Commander, or MSU Commander with COTP and OCMI authority, may determine, on a case-by-case basis, that the Commandant (CG-ENG) must approve the use of the alternate equipment or procedure."
33:33:2.0.1.4.17.4.67.5,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.404 Can I use fire fighting equipment that is not Coast Guard approved?,USCG,,,"[USCG-2012-0196, 81 FR 48243, July 22, 2016]","(a) A deepwater port may use fire fighting equipment that is not Coast Guard approved as excess equipment, pursuant to § 149.403 of this subpart, if the equipment does not endanger the port or the persons aboard it in any way. This equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL), as set forth in 29 CFR 1910.7, and it must be maintained in good working condition.

(b) Use of non-Coast Guard-approved fire detection systems may be acceptable as excess equipment provided that—

(1) Components are listed by an NRTL as defined in 46 CFR 161.002-2, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance;

(2) Installation conforms to the requirements of 46 CFR chapter I, subchapter J (Electrical Engineering), with specific regard to the hazardous location installation regulations in 46 CFR 111.105;

(3) Coast Guard plan review is completed for wiring plans; and

(4) The system and units remain functional as intended. To ensure this, marine inspectors may test and inspect the system."
33:33:2.0.1.4.17.4.67.6,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.406 What are the approval requirements for a fire extinguisher?,USCG,,,,"All portable and semi-portable fire extinguishers must be of an approved type under 46 CFR part 162, subparts 162.028 and 162.039, respectively."
33:33:2.0.1.4.17.4.67.7,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.407 Must fire extinguishers be on the deepwater port at all times?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) The fire extinguishers required by § 149.409 of this part must be on all manned deepwater ports at all times.

(b) The fire extinguishers required by § 149.409 of this part need be on unmanned deepwater ports only when personnel are working on the deepwater port during cargo transfer operations, or performing maintenance duties."
33:33:2.0.1.4.17.4.67.8,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.408 What are the maintenance requirements for fire extinguishers?,USCG,,,"[USCG-2012-0196, 81 FR 48244, July 22, 2016]","(a) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 149.3).

(b) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers.

(c) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew.

(d) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew.

(e) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted."
33:33:2.0.1.4.17.4.67.9,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",D,Subpart D—Firefighting and Fire Protection Equipment,,§ 149.409 How many fire extinguishers are needed and how should they be installed?,USCG,,,"[USCG-2012-0196, 81 FR 48244, July 22, 2016]","(a) Approved portable and semi-portable extinguishers must be installed in accordance with table 149.409 of this section.

(b) Semi-portable extinguishers must be located in the open so as to be readily seen.

(c) Semi-portable extinguishers must be fitted so that all portions of the space concerned may be covered.

(d) Table 149.409 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.

Table 149.409—Portable and Semi-Portable Extinguishers, Minimum Quantity and Location

1  Not required if a fixed system is installed.

2  If the engine is installed on a weather deck or is open to the atmosphere at all times, one 40-B extinguisher may be used for every three engines.

3  Small electrical appliances, such as fans, are exempt.

4  Not required if a fixed foam system is installed in accordance with 46 CFR 108.489.

(e) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected."
33:33:2.0.1.4.17.5.68.1,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",E,Subpart E—Aids to Navigation,,§ 149.500 What does this subpart do?,USCG,,,,This subpart provides requirements for aids to navigation on deepwater ports.
33:33:2.0.1.4.17.5.68.2,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",E,Subpart E—Aids to Navigation,,§ 149.505 What are the general requirements for aids to navigation?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","The following requirements apply to navigation aids under this subpart:

(a) Section 66.01-5 of this chapter, on application to establish, maintain, discontinue, change, or transfer ownership of an aid, except as under § 149.510 of this part;

(b) Section 66.01-25(a) and (c) of this chapter, on discontinuing or removing an aid. For the purposes of § 66.01-25(a) and (c) of this chapter, navigation aids at a deepwater port are considered Class I aids under § 66.01-15 of this chapter;

(c) Section 66.01-50 of this chapter, on protection of an aid from interference and obstruction; and

(d) Section 66.01-55 of this chapter, on transfer of ownership of an aid."
33:33:2.0.1.4.17.5.68.3,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",E,Subpart E—Aids to Navigation,,§ 149.510 How do I get permission to establish an aid to navigation?,USCG,,,"[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013]","(a) To establish a navigation aid on a deepwater port, the licensee must submit an application under § 66.01-5 of this chapter, except that the application must be sent to the Commandant (CG-5P).

(b) At least 180 days before the installation of any structure at the site of a deepwater port, the licensee must submit an application for obstruction lights and other private navigation aids for the particular construction site.

(c) At least 180 days before beginning cargo transfer operations or changing the mooring facilities at the deepwater port, the licensee must submit an application for private aids to navigation."
33:33:2.0.1.4.17.5.69.4,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",E,Subpart E—Aids to Navigation,,§ 149.520 What kind of lights are required?,USCG,,,,All deepwater ports must meet the general requirements for obstruction lights in part 67 of this chapter.
33:33:2.0.1.4.17.5.70.5,33,Navigation and Navigable Waters,I,NN,149,"PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT",E,Subpart E—Aids to Navigation,,§ 149.535 What are the requirements for rotating beacons on platforms?,USCG,,,,"In addition to obstruction lights, the tallest platform of a deepwater port must have a lit rotating beacon that distinguishes the deepwater port from other surrounding offshore structures. The beacon must:

(a) Have an effective intensity of at least 15,000 candela;

(b) Flash at least once every 20 seconds;

(c) Provide a white light signal;

(d) Operate in wind speeds of up to 100 knots at a rotation rate that is within 6 percent of the operating speed displayed on the beacon;

(e) Have one or more leveling indicators permanently attached to the light, each with an accuracy of ±0.25 ° or better; and

(f) Be located:

(1) At least 60 feet (about 18.3 meters) above mean high water;

(2) Where the structure of the platform, or equipment mounted on the platform, does not obstruct the light in any direction; and

(3) So that it is visible all around the horizon."