[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: 33CFR156.110]

[Page 435]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)
 
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS--Table of Contents
 
        Subpart A--Oil and Hazardous Material Transfer Operations
 
Sec. 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, 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 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; USCG-2002-12471, 67 FR 41333, June 18, 2002]