1625-0045 Stat/Authority

Coast Guard, DHS

§ 158.140

Tanker means a ship constructed or
adapted primarily to carry oil in bulk
in the cargo spaces.
Terminal means an onshore facility or
an offshore structure located in the
navigable waters of the United States
or subject to the jurisdiction of the
United States and used, or intended to
be used, as a port or facility for the
transfer or other handling of a harmful
substance.
NOTE: The Coast Guard interprets commercial fishing facilities, recreational boating
facilities, and mineral and oil industry
shorebases to be terminals for the purposes
of Annex V of MARPOL 73/78, since these facilities normally provide wharfage and other
services, including garbage handling, for
ships. ‘‘The Act’’ means the Act to Prevent
Pollution from Ships, as amended, (33 U.S.C.
1901–1911).

The Act means the Act to Prevent
Pollution from Ships (94 Stat. 2297, 33
U.S.C. 1901 et seq).
[CGD 85–010, 52 FR 7761, Mar. 12, 1987, as
amended by CGD 88–002, 54 FR 18407, Apr. 28,
1989; USCG–2000–7641, 66 FR 55574, Nov. 2,
2001; USCG–2008–0179, 73 FR 35015, June 19,
2008]

§ 158.130 Delegations.
Each COTP is delegated the authority to—
(a) Conduct inspections at ports and
terminals required to have reception
facilities under this part;
(b) Issue Certificates of Adequacy;
(c) Grant waivers under § 158.150;
(d) Designate ports; and
(e) Deny entry of ships to any port or
terminal, except when a ship is entering under force majeure, that does not
have—
(1) A Certificate of Adequacy if required under § 158.135; or
(2) Reception facilities for garbage
required under subpart D of this part.

erowe on DSK5CLS3C1PROD with CFR

[CGD 88–002, 54 FR 18408, Apr. 28, 1989]

§ 158.133 Which ports and terminals
must provide reception facilities?
(a) A port or terminal which receives
oceangoing tankers, or any other
oceangoing ship of 400 gross tons or
more, carrying oily mixtures, must
have a reception facility which meets
subpart B of this part.
(b) A port or terminal which receives
oceangoing ships carrying NLSs must

have a reception facility which meets
subpart C of this part.
(c) All ports and terminals under the
jurisdiction of the United States, including commercial fishing facilities,
mineral and oil shorebases, and recreational boating facilities, must have
a reception facility which meets subpart D of this part.
[CGD 88–002, 54 FR 18408, Apr. 28, 1989, as
amended by USCG–2000–7641, 66 FR 55574,
Nov. 2, 2001]

§ 158.135 Which ports and terminals
must have Certificates of Adequacy?
To continue to receive ships, a port
or terminal must hold one or more Certificates of Adequacy to show compliance with—
(a) Subpart B of this part if it receives oceangoing tankers, or any
other oceangoing ship of 400 gross tons
or more, carrying oily mixtures.
(b) Subpart C of this part if it receives oceangoing ships carrying NLSs.
(c) Subpart D of this part if it receives—
(1) The ships under paragraph (a) or
(b) of this section; or
(2) Fishing vessels which offload
more than 500,000 pounds of commercial fishery products from all ships during a calendar year.
[CGD 88–002, 54 FR 18408, Apr. 28, 1989, as
amended by USCG–2000–7641, 66 FR 55574,
Nov. 2, 2001]

§ 158.140 Applying for a Certificate of
Adequacy.
(a) To continue to receive ships at a
port or terminal required by § 158.135 to
have a Certificate of Adequacy for its
reception facilities, the person in
charge must apply to the Coast Guard
for a certificate as follows:
(1) Applicants for a Certificate of
Adequacy required by § 158.135(a) or (b)
must apply to the COTP of the Zone in
which the port or terminal is located
using Form A or Form B, respectively.
(2) An applicant for a Certificate of
Adequacy required by section 158.135(c)
must apply on Form C to the COTP of
the Zone in which the port or terminal
is located.
(b) Applications for Certificates of
Adequacy, Forms A, B, or C, may be

511

VerDate Mar<15>2010

07:59 Sep 03, 2010

Jkt 220131

PO 00000

Frm 00521

Fmt 8010

Sfmt 8010

Y:\SGML\220131.XXX

220131

§ 158.150

33 CFR Ch. I (7–1–10 Edition)

obtained from the local Coast Guard
COTP.
[CGD 88–002, 54 FR 18408, Apr. 28, 1989, as
amended by CGD 96–026, 61 FR 33668, June 28,
1996; 61 FR 36629, July 12, 1996]

§ 158.150 Waivers and alternatives.
(a) If the person in charge believes
that a requirement in this part is unreasonable or impracticable for the
port’s or terminal’s operations, the
person in charge may submit a request
for a waiver to the COTP. This application must—
(1) Be in writing; and
(2) Include the—
(i) Reasons why the requirement is
unreasonable or impracticable;
(ii) Proposed alternatives that meet
MARPOL 73/78; and
(iii)
Additional
information
requested by the COTP.
(b) If the COTP allows the alternative
proposed
under
paragraph
(a)(2)(ii) of this section, the waiver—
(1) Is in writing; and
(2) States each alternative that applies and the requirement under this
part for which the alternative is substituted.
(c) The person in charge shall ensure
that each waiver issued under paragraph (b) of this section is attached to
the Certificate of Adequacy issued for
the port or terminal.

[CGD 88–002, 54 FR 18408, Apr. 28, 1989, as
amended by CGD 96–026, 61 FR 33668, June 28,
1996; USCG–2010–0351, 75 FR 36286, June 25,
2010]

NOTE: If in the instruction manual required
by § 158.330(b) there is a certification by a
registered professional engineer licensed by
a state or the District of Columbia that the
backpressure requirements under § 158.330(a)
are met, the COTP determines whether or
not to accept this finding.

§ 158.163 Reception facility operations.
(a) Each person in charge and each
person who is in charge of a reception
facility shall ensure that the reception
facility does not operate in a manner
that violates any requirement under
this part.
(b) A copy of the Certificate of Adequacy issued for the port or terminal
must be—
(1) At each port and terminal under
this part; and
(2) Available for inspection by the
COTP and the master, operator, person
who is in charge of a ship, or agent for
a ship.
(c) Ports and terminals required to
have an Operations Manual under this
chapter or 46 CFR Chapter 1 must have
a copy of the Certificate of Adequacy
issued for the port or terminal, including any waivers, attached to that Operations Manual.

(b) After the inspections under paragraph (a) are conducted, and after consulting with the Administrator of the

[CGD 85–010, 52 FR 7761, Mar. 12, 1987, as
amended by CGD 88–002, 54 FR 18409, Apr. 28,
1989]

§ 158.160 Issuance and termination of
a Certificate of Adequacy.
(a) After reviewing an application
made under § 158.140(a)(1), the COTP determines by inspection the following:
(1) When the application is made on
Form A, whether or not the reception
facility meets Subpart B of this part.
(2) When the application is made on
Form B, whether or not the reception
facility and the port, or the reception
facility and the terminal, meet Subpart C of this part.

erowe on DSK5CLS3C1PROD with CFR

Environmental
Protection
Agency
(EPA) or his or her designee, the COTP.
(1) Issues a Certificate of Adequacy
to the person in charge for the port or
terminal; or
(2) Denies the application and informs the person in charge in writing
of the reasons for the denial.
(c) After reviewing an application
made under § 158.140(a)(2), the COTP—
(1) Issues a Certificate of Adequacy
to the person in charge for the port or
terminal; or
(2) Denies the application and informs the person in charge in writing
of the reasons for the denial.
(d) In order to remain valid, the Certificate of Adequacy must have attached to it any waivers that are
granted under § 158.150 when the Certificate of Adequacy is issued.
(e) Each Certificate of Adequacy remains valid for a period of five years or
until—
(1) Suspended;
(2) Revoked; or
(3) This part no longer applies to the
port or terminal.

512

VerDate Mar<15>2010

07:59 Sep 03, 2010

Jkt 220131

PO 00000

Frm 00522

Fmt 8010

Sfmt 8010

Y:\SGML\220131.XXX

220131