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CFR-2001-title33-vol2-sec156-107.pdf

Oil and Hazardous Material Pollution Prevention and Safety Records, Equivalents/Alternatives and Exemptions

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§ 156.107

3.2 An organization is comprised of individuals, and a training program should be
structured to recognize this fact by ensuring
that training is tailored to the needs of the
individuals involved in the program.
3.3 An owner or operator may identify
equivalent work experience which fulfills
specific training requirements.
3.4 The training program should include
participation in periodic announced and unannounced exercises. This participation
should approximate the actual roles and responsibilities of individuals as specified in
the response plan.
3.5 Training should be conducted periodically to reinforce the required knowledge
and to ensure an adequate degree of preparedness by individuals with responsibilities under the vessel response plan.
3.6 Training may be delivered via a number of different means; including classroom
sessions, group discussions, video tapes, self
study workbooks, resident training courses,
on-the-job training, or other means as
deemed appropriate to ensure proper instruction.
3.7 New employees should complete the
training program prior to being assigned job
responsibilities which require participation
in emergency response situations.

156.125 Discharge cleanup.
156.130 Connection.
156.150 Declaration of inspection.
156.160 Supervision by person in charge.
156.170 Equipment tests and inspections.

Subpart B—Special Requirements for
Lightering of Oil and Hazardous Material Cargoes
156.200 Applicability.
156.205 Definitions.
156.210 General.
156.215 Pre-arrival notices.
156.220 Reporting of incidents.
156.225 Designation of lightering zones.
156.230 Factors considered in designating
lightering zones.

Subpart C—Lightering Zones and Operational Requirements for the Gulf of
Mexico
156.300
156.310
156.320
156.330

Designated lightering zones.
Prohibited areas.
Maximum operating conditions.
Operations.

AUTHORITY: 33 U.S.C. 1231, 1321(j)(1) (C) and
(D); 46 U.S.C. 3703a. Subparts B and C are
also issued under 46 U.S.C. 3715.

4. Conclusion
The information in this appendix is only
intended to assist response plan preparers in
reviewing the content of and in modifying
the training section of their response plans.
It may be more comprehensive than is needed for some vessels and not comprehensive
enough for others. The Coast Guard expects
that plan preparers have determined the
training needs of their organizations created
by the development of the response plans and
the actions identified as necessary to increase the preparedness of the company and
its personnel to respond to actual or threatened discharges of oil from their vessels.

§ 156.100

Applicability.

This subpart applies to the transfer
of oil or hazardous material on the
navigable waters or contiguous zone of
the United States to, from, or within
each vessel with a capacity of 250 barrels or more; except that, this subpart
does not apply to transfer operations
within a public vessel.
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

[CGD 91–034, 61 FR 1107, Jan. 12, 1996]

§ 156.105

PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS

Definitions.

Except as specifically stated in a section, the definitions in § 154.105 of this
chapter apply to this subpart.

Subpart A—Oil and Hazardous Material
Transfer Operations
Sec.
156.100
156.105
156.107
156.110
156.111
156.112
156.113
156.115
156.118
156.120

Subpart A—Oil and Hazardous
Material Transfer Operations

[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

§ 156.107

Applicability.
Definitions.
Alternatives.
Exemptions.
Incorporation by reference.
Suspension order.
Compliance with suspension order.
Person in charge: Limitations.
Advance notice of transfer.
Requirements for transfer.

Alternatives.

(a) The COTP may consider and approve alternative procedures, methods,
or equipment standards to be used by a
vessel or facility operator in lieu of
any requirements in this part if:
(1) Compliance with the requirement
is economically or physically impractical;

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§ 156.110

33 CFR Ch. I (7–1–01 Edition)

(2) The vessel or facility operator
submits a written request for the alternative at least 30 days before operations under the alternative are proposed, unless the COTP authorizes a
shorter time; and
(3) The alternative provides an equivalent level of safety and protection
from pollution by oil or hazardous material, which is documented in the request.
(b) The COTP takes final approval or
disapproval action on any alternative
requested, in writing, within 30 days of
receipt of the request.
[CGD 75–124, 45 FR 7177, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 156.110 Exemptions.
(a) The Assistant Commandant for
Marine Safety and Environmental Protection, acting for the Commandant,
may grant an exemption or partial exemption from compliance with any requirement in this part, and the District
Commander may grant an exemption
or partial exemption from compliance
with any operating condition or requirement in subpart C of this part, if:
(1) The vessel or facility operator
submits an application for exemption
via the COTP at least 30 days before
operations under the exemption are
proposed, unless the COTP authorizes a
shorter time; and
(2) It is determined, from the application, that:
(i) Compliance with a specific 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 as a
result of the exemption is minimal.
(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 7177, Jan. 31, 1980, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 86–034, 55 FR 36255, Sept. 4, 1990;
CGD 93–081, 60 FR 45017, Aug. 29, 1995; CGD
96–026, 61 FR 33666, June 28, 1996; CGD 93–056,
61 FR 41461, Aug. 8, 1996; CGD0 97–023, 62 FR
33364, June 19, 1997]

§ 156.111

Incorporation by reference.

(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of the change in
the FEDERAL REGISTER; and the material must be available to the public. All
approved material is available for inspection at the Office of the Federal
Register, 800 North Capitol Street,
NW., suite 700, Washington, DC, and at
the U.S. Coast Guard, Office of Compliance (G–MOC), 2100 Second Street, SW,
Washington, DC 20593–0001 and is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the sections affected are as follows:
Oil Companies International Marine
Forum (OCIMF)
15th Floor, 96 Victoria Street, London SW1E 5JW, England.
Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988—156.330.
International Chamber of Shipping
12 Carthusian Street, London EC1M
6EB, England.
Guide to Helicopter/Ship Operations,
Third Edition, 1989—156.330.
[CGD 93–081, 60 FR 45017, Aug. 29, 1995, as
amended by CGD 96–026, 61 FR 33666, June 28,
1996]

§ 156.112 Suspension order.
The COTP or OCMI may issue a suspension order to suspend transfer operations to the vessel or facility operator
when the COTP or OCMI finds there is

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