1625-0093 Stat/Authority

§ 154.107

33 CFR Ch. I (7–1–10 Edition)

+44–0–20–7654–1200, http://www.ocimf.com/
:
(1) International Safety Guide for Oil
Tankers and Terminals, Section 6.10,
Fourth Ed., 1996, IBR approved for
§ 154.810.
(2) International Safety Guide for Oil
Tankers and Terminals, Sections 9.1,
9.2, 9.3 and 9.5, Fourth Ed., 1996, IBR
approved for § 154.735.
[USCG–2001–8661, 74 FR 45022, Aug. 31, 2009, as
amended at USCG–2010–0351, 75 FR 36284,
June 25, 2010]

§ 154.107 Alternatives.
(a) The COTP may consider and approve alternative procedures, methods,
or equipment standards to be used by a
facility operator in lieu of any requirement in this part if:
(1) Compliance with the requirement
is economically or physically impractical;
(2) The alternative provides an equivalent level of safety and protection
from pollution by oil or hazardous material, which is documented in the request; and
(3) The facility operator submits a
written request for the alternative.
(b) The COTP takes final approval or
disapproval action on the request, submitted in accordance with paragraph
(a) of this section, in writing within 30
days of receipt of the request.

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[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36252, Sept. 4,
1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]

§ 154.108 Exemptions.
(a) The Assistant Commandant for
Marine Safety, Security and Environmental Protection, acting for the Commandant, grants an exemption or partial exemption from compliance with
any requirement in this part if:
(1) A facility operator submits an application for the exemption via the
COTP; and
(2) It is determined, from the application, that:
(i) Compliance with the requirement
is economically or physically impractical;
(ii) No alternative procedures, methods, or equipment standards exist that
would provide an equivalent level of
safety and protection from pollution by
oil or hazardous material; and

(iii) The likelihood of oil or hazardous material being discharged is not
substantially increased as a result of
the exemption.
(b) If requested, the applicant must
submit any appropriate information,
including an environmental and economic assessment of the effects of and
reasons for the exemption, and proposed procedures, methods or equipment standards.
(c) The exemption may specify the
procedures, methods, or equipment
standards that will apply.
(d) An exemption is granted or denied
in writing. The decision of the Assistant Commandant for Marine Safety,
Security and Environmental Protection is a final agency action.
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 86–034, 55 FR 36252, Sept. 4, 1990; 55
FR 49997, Dec. 4, 1990; CGD 96–026, 61 FR
33666, June 28, 1996; CGD 93–056, 61 FR 41458,
Aug. 8, 1996; CGD 97–023, 62 FR 33364, June 19,
1997; USCG–2002–12471, 67 FR 41333, June 18,
2002]

§ 154.110

Letter of intent.

(a) The facility operator of any facility to which this part applies must submit a letter of intent to operate a facility or to conduct mobile facility operations to the COTP not less than 60
days before the intended operations unless a shorter period is allowed by the
COTP. Previously submitted letters of
intent need not be resubmitted.
(b) The letter of intent required by
paragraph (a) of this section may be in
any form but must contain:
(1) The names, addresses, and telephone numbers of the facility operator
and the facility owner;
(2) The name, address, and telephone
number of the facility or, in the case of
a mobile facility, the dispatching office; and
(3) Except for a mobile facility, the
geographical location of the facility in
relation to the associated body of navigable waters.
(c) The facility operator of any facility for which a letter of intent has been
submitted, shall within five (5) days advise the COTP in writing of any

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Coast Guard, DHS

§ 154.300

changes of information and shall cancel, in writing, the letter for any facility at which transfer operations are no
longer conducted.
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36252, Sept. 4,
1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]

§ 154.120 Facility examinations.
(a) The facility operator shall allow
the Coast Guard, at any time, to make
any examination and shall perform,
upon request, any test to determine
compliance with this part and part 156,
as applicable. The facility operator
shall conduct all required testing of facility equipment in a manner acceptable to the Coast Guard.
(b) The COTP shall provide the facility operator with a written report of
the results of the examination for the
record required by § 154.740(e) and shall
list the deficiencies in the report when
the facility is not in compliance with
the requirements in this part and part
156 of this chapter.

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[CGD 75–124, 45 FR 7169, Jan. 31, 1980]

§ 154.T150 Temporary suspension of
requirements to permit support of
deepwater horizon spill response.
(a) Applicability. This section applies
to—
(1) Any facility described in § 154.100
of this part, that has contracted with
any oil spill removal organization
(OSRO), as defined in § 154.1020 of this
part, if the OSRO’s response resources,
as defined in § 154.1020 of this part, are
deployed in coordination with the OnScene Coordinator (OSC), as defined in
40 CFR 300.5, in support of the response
to the Deepwater Horizon Spill of National Significance; and
(2) Any facility described in § 154.100
of this part, that owns, operates, or has
under its direct control, response resources, as defined in § 154.1020 of this
part, deployed in coordination with the
OSC, as described in 40 CFR 300.5, in
support of the response to the Deepwater Horizon Spill of National Significance.
(b) Suspension of certain response time
requirements. From June 30, 2010
through December 31, 2010, the stipulated response times, including the response times contained in any written
contractual agreement with any OSRO,

for the availability of response resources, as defined in § 154.1020 of this
part, for a maximum most probable
discharge and a worst case discharge
are not necessary to meet the requirements of this part.
(c) Other response time requirements
still effective. Any response time requirements for the availability of response resources, as defined in § 154.1020
of this part, for an average most probable discharge, as required by this part,
remain in effect.
(d) Armed Forces installation planning
factors. The Coast Guard authorizes the
Armed Forces to revise Armed Forces
installation response times to below
that which is necessary to respond to
an average most probable discharge at
those installations that have deployed
assets in support of the response to the
Deepwater Horizon Spill of National
Significance in response to a request
from the OSC, as described in 40 CFR
300.5, for such assets.
EFFECTIVE DATE NOTE: By USCG–2010–0592,
75 FR 37719, June 30, 2010, temporary
§ 154.T150 was added, effective June 30, 2010
through Dec. 31, 2010.

Subpart B—Operations Manual
§ 154.300

Operations manual: General.

(a) The facility operator of each facility to which this part applies shall
submit, with the letter of intent, two
copies of an Operations Manual that:
(1) Describes how the applicant meets
the operating rules and equipment requirements prescribed by this part and
part 156 of this chapter;
(2) Describes the responsibilities of
personnel under this part and part 156
of this chapter in conducting transfer
operations; and
(3) Includes translations into a language or languages understood by all
designated persons in charge of transfer operations employed by the facility.
(b) The facility operator shall maintain the operations manual so that it
is:
(1) Current; and
(2) Readily available for examination
by the COTP.
(c) The COTP shall examine the Operations Manual when submitted, after

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