1625-0095 Stat/Authority

CFR-2005-title33-vol2-sec156-107.pdf

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

1625-0095 Stat/Authority

OMB: 1625-0095

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Coast Guard, DHS

§ 156.110

156.110 Exemptions.
156.111 Incorporation by reference.
156.112 Suspension order.
156.113 Compliance with suspension order.
156.115 Person in charge: Limitations.
156.118 Advance notice of transfer.
156.120 Requirements for transfer.
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); 46 U.S.C.
3703a, 3715; E.O. 11735, 3 CFR 1971–1975 Comp.,
p. 793. Section 156.120(bb) and (ee) are also
issued under 46 U.S.C. 3703.

Subpart A—Oil and Hazardous
Material Transfer Operations
§ 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]

§ 156.105 Definitions.
Except as specifically stated in a section, the definitions in § 154.105 of this
chapter apply to this subpart.
[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

§ 156.107 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;
(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, Security 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,

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