1625-0045 StatA

Coast Guard, DHS

§ 158.178

§ 158.165 Certificate
of
Change of information.

Adequacy:

§ 158.172 Notification of a suspension
order.

(a) Except as required in paragraph
(b) of this section, the person in charge
shall notify the COTP in writing within 10 days after any information required in section 2, 3A, 3G, or 3H, of
Form A or section 2, 5A, or 5C of Form
B changes.
(b) The person in charge shall notify
the COTP in writing within 30 days
after any information required in the
following is changed:
(1) Form A, sections 1, 3B, 3C, 3E, 3F,
3I, or 3J.
(2) Form B, sections 1, 3, 4, 5B, 5D, 5E,
5F or 5G.
(3) Form C, sections A1, B1, B2, or D4.
(c) The person in charge shall maintain at the port or terminal a copy of
the information submitted under paragraphs (a) and (b) of this section, until
a corrected Certificate of Adequacy is
received from the COTP.

(a) If the COTP has grounds for an
immediate suspension of or is considering suspending a Certificate of Adequacy, the COTP notifies the person in
charge of the intended action. Each notification of a suspension order, whether oral or written, includes—
(1) The grounds for the suspension;
(2) The date when the suspension becomes effective; and
(3) Information on how the suspension may be withdrawn, including all
corrective actions required.
(b) If the suspension order is made
orally, the COTP issues a suspension
order in writing within five days after
the initial notification.

[CGD 85–010, 52 FR 7761, Mar. 12, 1987, as
amended by CGD 88–002, 54 FR 18409, Apr. 28,
1989; 55 FR 35988, Sept. 4, 1990]

§ 158.167 Reporting inadequate reception facilities.
Any person may report to the local
Coast Guard COTP that reception facilities required by these regulations or
MARPOL 73/78 are inadequate. Reports
of inadequate reception facilities may
be made orally, in writing or by telephone.
[CGD 88–002, 54 FR 18409, Apr. 28, 1989]

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SUSPENSION, REVOCATION, AND APPEALS
§ 158.170 Grounds for suspension.
The COTP may suspend a Certificate
of Adequacy if—
(a) Deficiencies recur or significantly
affect the adequacy of the reception facility;
(b) Continued operations will result
in undue delay to ships calling at the
port or terminal;
(c) There is a failure to accept NLS
residue from a ship after it’s cargo
tanks are prewashed in accordance
with 46 CFR 153.1120; or
(d) There is a substantial threat of
discharge of oil or NLS into or upon
the navigable waters of the United
States or adjoining shorelines.

§ 158.174 Suspension of a Certificate of
Adequacy: Procedure.
(a) If no evidence or arguments are
submitted in response to a notification
of a suspension order, the suspension is
effective on the date stated in the
order.
(b) If any petition for withdrawing a
suspension order is submitted in response to a notification of a suspension
order, the COTP considers the evidence
or arguments and notifies the person in
charge of any action taken including—
(1) Denial of the petition for withdrawing a suspension order;
(2) Initiation of civil or criminal penalty action under subpart 1.07 of part 1
of this chapter; or
(3) Withdrawing the suspension order.
§ 158.176 Effect of suspension of a Certificate of Adequacy.
After the COTP notifies the person in
charge and places a suspension order in
effect, the COTP denies entry of ships
to the port or terminal while the Certificate of Adequacy is suspended.
§ 158.178

Actions during a suspension.

(a) If a Certificate of Adequacy is suspended for longer than a five day period, the person in charge shall return
it to the COTP within five days after
the suspension becomes effective.
(b) After the suspension is in effect,
the COTP may—
(1) Terminate the suspension order
after receiving information from the

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