[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR150.107]

[Page 218-219]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 150--OPERATIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 150.107  Operations Manual: Amendment.

    (a) The Captain of the Port may require the licensee to amend the 
Operations Manual if he finds that the Operations Manual does not comply 
with Sec. 150.105.
    (b) When the Captain of the Port determines that an amendment to an 
operations manual is necessary, he notifies the licensee in writing of a 
date not less than 14 days from the date of the notice, on or before 
which the licensee may submit written information, views, and arguments 
on the amendment. After considering all relevant material presented, the 
Captain of the Port notifies the licensee of any amendment required or 
he rescinds the notice. The amendment becomes effective not less than 30 
days after the licensee receives the notice unless the licensee 
petitions the Commandant to reconsider the amendment, in which case its 
effective date is stayed pending a decision by the Commandant. Petitions 
to the Commandant must be submitted in writing to the Captain of the 
Port.
    (c) If the Captain of the Port finds a situation that requires 
immediate action to prevent the discharge or risk of discharge of oil or 
to protect the safety of life and property that makes the procedure in 
paragraphs (a) and (b) of this section impracticable or contrary to the 
public interest, he may issue an amendment effective, without stay, on 
the date the licensee receives notice of it. In such a case, the Captain 
of the Port includes a brief statement of the reasons for his finding in 
the notice, and the licensee may petition the District Commander, in any 
manner, to reconsider the amendment.
    (d) Adjacent coastal States connected by pipeline to the deepwater 
port and licensees may petition the Captain of the Port to amend the 
Operations Manual. The Captain of the Port, when in receipt of a 
proposed amendment, will solicit comments on the proposed amendment. The 
petition and comment should include sufficient relevant information to 
enable the Captain of the Port to reach a decision to adopt or reject 
the proposed amendment. The Captain of the Port may approve amendments 
to the Operations Manual if he

[[Page 219]]

finds that the proposed alternative procedure, method, or equipment will 
ensure equivalent or improved protection, safety, or quality level and 
is in compliance with this subchapter.