1625-0045 StatA

§ 158.190

33 CFR Ch. I (7–1–01 Edition)

paragraph (a) or (b) of this section, an
application for a new Certificate of
Adequacy may be submitted under
§ 158.140.
§ 158.190

Appeals.

(a) Any person directly affected by an
action taken under this part may request reconsideration by the Coast
Guard officer responsible for that action.
(b) Except as provided under paragraph (e) of this section, the person affected who is not satisfied with a ruling after having it reconsidered under
paragraph (a) of this section may—
(1) Appeal that ruling in writing
within 30 days after the ruling to the
Coast Guard District Commander of
the district in which the action was
taken; and
(2) Supply supporting documentation
and evidence that the appellant wishes
to have considered.
(c) The District Commander issues a
ruling after reviewing the appeal submitted under paragraph (b) of this section. Except as provided under paragraph (e) of this section, the person affected who is not satisfied with this
ruling may—
(1) Appeal that ruling in writing
within 30 days after the ruling to the
Assistant Commandant for Marine
Safety and Environmental Protection,
U.S. Coast Guard, Washington, DC,
20593; and
(2) Supply supporting documentation
and evidence that the appellant wishes
to have considered.
(d) After reviewing the appeal submitted under paragraph (c) of this section, the Assistant Commandant for
Marine Safety and Environmental Protection issues a ruling which is final
agency action.
(e) If the delay in presenting a written appeal has an adverse impact on
the operations of the appellant, the appeal under paragraph (b) or (c) of this
section—
(1) May be presented orally; and
(2) Must be submitted in writing
within five days after the oral presentation—
(i) With the basis for the appeal and
a summary of the material presented
orally; and

(ii) To the same Coast Guard official
who heard the oral presentation.
[CGD 85–010, 52 FR 7761, Mar. 12, 1987, as
amended by CGD 96–026, 61 FR 33668, June 28,
1996; CGD 97–023, 62 FR 33364, June 19, 1997]

Subpart B—Criteria for Reception
Facilities: Residues and Mixtures Containing Oil
SOURCE: CGD 78–035, 50 FR 36793, Sept. 9,
1985, unless otherwise noted.

§ 158.200

General.

(a) Except as allowed in paragraph (b)
of this section, the facility used to
meet Regulation 12 of Annex I to
MARPOL 73/78 must—
(1) Be a reception facility as defined
under § 158.120 that is available at the
port or terminal;
(2) Hold each Federal, State, and
local permit and license required by
environmental laws and regulations
concerning residues and mixtures containing oil; and
(3) Be capable of—
(i) Receiving residues and mixtures
containing oil from oceangoing ships
within 24 hours after notice by that
ship;
(ii) Completing the reception of oily
ballast from the ship in less than 10
hours after waste transfer operations
begin; and
(iii) Completing the reception of
other residues and mixtures containing
oil in less than 4 hours after the transfer operation begins.
(b) Reception facilities for ship repair
yards do not have to meet paragraphs
(a)(3)(i) through (a)(3)(iii) of this section, but must be capable of completing transfer of residues and mixtures containing oil from each oceangoing ship before the ship departs from
the ship repair yard.
[CGD 78–035, 50 FR 36793, Sept. 9, 1985, as
amended by CGD 85–010, 52 FR 7764, Mar. 12,
1987]

§ 158.210 Ports and terminals loading
crude oil.
The reception facility for a crude oil
loading port or terminal must have the
capacity for receiving—

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