[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR154.806]

[Page 311-312]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)
 
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table of Contents
 
                    Subpart E--Vapor Control Systems
 
Sec. 154.806  Application for acceptance as a certifying entity.

    (a) An individual or organization seeking acceptance as a certifying 
entity must apply in writing to the Commandant (G-MSO). Each application 
must be signed and certified to be correct by the applicant or, if the 
applicant is an organization, by an authorized officer or official 
representative of the organization, and must include a letter of intent 
from a facility owner or operator to use the services of the individual 
or organization to certify a vapor control system installation. Any 
false statement or misrepresentation, or the knowing and willful 
concealment of a material fact may subject the applicant to prosecution 
under the provisions of 18 U.S.C. 1001, and denial or termination of 
acceptance as a certifying entity.
    (b) The applicant must possess the following minimum qualifications, 
and be able to demonstrate these qualifications to the satisfaction of 
the Commandant (G-MSO):
    (1) The ability to review and evaluate design drawings and failure 
analyses;
    (2) A knowledge of the applicable regulations of this subpart, 
including the standards incorporated by reference in these regulations;
    (3) The ability to monitor and evaluate test procedures and results;
    (4) The ability to perform inspections and witness tests of bulk 
liquid cargo handling systems;
    (5) That it is not controlled by an owner or operator of a vessel or 
facility engaged in controlling vapor emissions; and
    (6) That it is not dependent upon Coast Guard acceptance under this 
section to remain in business.

[[Page 312]]

    (c) Each application for acceptance must contain the following:
    (1) The name and address of the applicant, including subsidiaries 
and divisions if applicable;
    (2) A statement that the applicant is not controlled by an owner or 
operator of a vessel or facility engaged in controlling vapor emissions, 
or a full disclosure of any ownership or controlling interest held by 
such owners or operators;
    (3) A description of the experience and qualifications of the 
person(s) who would be reviewing or testing the systems;
    (4) A statement that the person(s) who would be reviewing or testing 
the systems is/are familiar with the regulations in this subpart; and
    (5) A statement that the Coast Guard may verify the information 
submitted in the application and may examine the person(s) who would be 
reviewing or testing the systems to determine their qualifications.
    (d) The acceptance of a certifying entity may be terminated by the 
Commandant (G-MSO) if the entity fails to properly review, inspect, or 
test a system in accordance with this subpart.
    Note: A list of entities accepted to certify facility vapor control 
system installations is available from the Commandant (G-MSO).

(Approved by the Office of Management and Budget under control number 
2115-0581)


[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996]