StatA

§ 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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