1625-0093 Stat/Authority

§ 154.110

33 CFR Ch. I (7–1–99 Edition)

(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
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]

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

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
any substantial amendment, and as
otherwise required by the COTP.
(d) In determining whether the manual meets the requirements of this part
and Part 156 of this chapter the COTP
shall consider the size, complexity, and
capability of the facility.
(e) If the manual meets the requirements of this part and part 156 of this
chapter, the COTP will return one copy

298

Coast Guard, DOT

§ 154.310

of the manual marked ‘‘Examined by
the Coast Guard’’ as described in
§ 154.325.
(f) The facility operator shall ensure
that a sufficient number of copies of
the examined Operations Manual, including a sufficient number of the
translations required by paragraph
(a)(3) of this section, are readily available for each facility person in charge
while conducting a transfer operation.
NOTE: The facility operator may request
that the contents of the operations manual
or portions thereof be considered commercial
or financial information that is privileged or
confidential. Under the Freedom of Information Act, the Coast Guard would withhold
any part of the contents of the operations
manual from public disclosure upon determining that it is commercial or financial information that is privileged or confidential.
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36253, Sept. 4,
1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]

§ 154.310 Operations manual: Contents.
(a) Each operations manual required
by § 154.300 must contain:
(1) The geographic location of the facility;
(2) A physical description of the facility including a plan and/or plans, maps,
drawings, aerial photographs or diagrams, showing the boundaries of the
facility subject to Coast Guard jurisdiction, mooring areas, transfer locations, control stations, wharfs, the extent and scope of the piping subject to
the tests required by § 156.170(c)(4) of
this chapter, and the locations of safety equipment. For mobile facilities, a
physical description of the facility;
(3) The hours of operation of the facility;
(4) The sizes, types, and number of
vessels that the facility can transfer
oil or hazardous material to or from simultaneously;
(5) For each product transferred at
the facility:
(i) Generic or chemical name; and
(ii) The following cargo information:
(a) The name of the cargo as listed
under appendix II of annex II of
MARPOL 73/78, Table 30.25–1 of 46 CFR
30.25–1, Table 151.05 of 46 CFR 151.05–1,
or Table 1 of 46 CFR part 153.
(b) A description of the appearance of
the cargo;

(c) A description of the odor of the
cargo;
(d) The hazards involved in handling
the cargo;
(e) Instructions for safe handling of
the cargo;
(f) The procedures to be followed if
the cargo spills or leaks, or if a person
is exposed to the cargo; and
(g) A list of fire fighting procedures
and extinguishing agents effective with
fires involving the cargo.
(6) The minimum number of persons
on duty during transfer operations and
their duties;
(7) The name and telephone number
of the qualified individual identified
under § 154.1026 of this part and the
title and/or position and telephone
number of the Coast Guard, State,
local, and other personnel who may be
called by the employees of the facility
in an emergency;
(8) The duties of watchmen, required
by § 155.810 of this chapter and 46 CFR
35.05–15, for unmanned vessels moored
at the facility;
(9) A description of each communication system required by this part;
(10) The location and facilities of
each personnel shelter, if any;
(11) A description and instructions
for the use of drip and discharge collection and vessel slop reception facilities, if any;
(12) A description and the location of
each emergency shutdown system;
(13) Quantity, types, locations, and
instructions for use of monitoring devices if required by § 154.525;
(14) Quantity, type, location, instructions for use, and time limits for gaining access to the containment equipment required by § 154.545;
(15) Quantity, type, location, and instructions for use of fire extinguishing
equipment required by § 154.735(d) of
this part;
(16) The maximum allowable working
pressure (MAWP) of each loading arm,
transfer pipe system, and hose assembly required to be tested by § 156.170 of
this chapter, including the maximum
relief valve setting (or maximum system pressure when relief valves are not
provided) for each transfer system;
(17) Procedures for:

299