1625-0095 Stat/Authority

§ 154.107

33 CFR Ch. I (7–1–10 Edition)

+44–0–20–7654–1200, http://www.ocimf.com/
:
(1) International Safety Guide for Oil
Tankers and Terminals, Section 6.10,
Fourth Ed., 1996, IBR approved for
§ 154.810.
(2) International Safety Guide for Oil
Tankers and Terminals, Sections 9.1,
9.2, 9.3 and 9.5, Fourth Ed., 1996, IBR
approved for § 154.735.
[USCG–2001–8661, 74 FR 45022, Aug. 31, 2009, as
amended at USCG–2010–0351, 75 FR 36284,
June 25, 2010]

§ 154.107 Alternatives.
(a) The COTP may consider and approve alternative procedures, methods,
or equipment standards to be used by a
facility operator in lieu of any requirement in this part if:
(1) Compliance with the requirement
is economically or physically impractical;
(2) The alternative provides an equivalent level of safety and protection
from pollution by oil or hazardous material, which is documented in the request; and
(3) The facility operator submits a
written request for the alternative.
(b) The COTP takes final approval or
disapproval action on the request, submitted in accordance with paragraph
(a) of this section, in writing within 30
days of receipt of the request.

erowe on DSK5CLS3C1PROD with CFR

[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36252, Sept. 4,
1990; CGD 93–056, 61 FR 41458, Aug. 8, 1996]

§ 154.108 Exemptions.
(a) The Assistant Commandant for
Marine Safety, Security and Environmental Protection, acting for the Commandant, grants an exemption or partial exemption from compliance with
any requirement in this part if:
(1) A facility operator submits an application for the exemption via the
COTP; and
(2) It is determined, from the application, that:
(i) Compliance with the 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 is not
substantially increased as a result of
the exemption.
(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,
Security and Environmental Protection is a final agency action.
[CGD 75–124, 45 FR 7169, Jan. 31, 1980, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 86–034, 55 FR 36252, Sept. 4, 1990; 55
FR 49997, Dec. 4, 1990; CGD 96–026, 61 FR
33666, June 28, 1996; CGD 93–056, 61 FR 41458,
Aug. 8, 1996; CGD 97–023, 62 FR 33364, June 19,
1997; USCG–2002–12471, 67 FR 41333, June 18,
2002]

§ 154.110

Letter of intent.

(a) The facility operator of any facility to which this part applies must submit a letter of intent to operate a facility or to conduct mobile facility operations to the COTP not less than 60
days before the intended operations unless a shorter period is allowed by the
COTP. Previously submitted letters of
intent need not be resubmitted.
(b) The letter of intent required by
paragraph (a) of this section may be in
any form but must contain:
(1) The names, addresses, and telephone numbers of the facility operator
and the facility owner;
(2) The name, address, and telephone
number of the facility or, in the case of
a mobile facility, the dispatching office; and
(3) Except for a mobile facility, the
geographical location of the facility in
relation to the associated body of navigable waters.
(c) The facility operator of any facility for which a letter of intent has been
submitted, shall within five (5) days advise the COTP in writing of any

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