[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: 33CFR154.1016]

[Page 323]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table 
of Contents
 
              Subpart F--Response Plans for Oil Facilities
 
Sec. 154.1016  Facility classification by COTP.

    (a) The COTP may upgrade the classification of:
    (1) An MTR facility not specified in Sec. 154.1015 (b) or (c) to a 
facility that could reasonably be expected to cause substantial harm to 
the environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility that 
could reasonably be expected to cause significant and substantial harm 
to the environment.
    (b) The COTP may downgrade, the classification of:
    (1) An MTR facility specified in Sec. 154.1015(c) to a facility that 
could reasonably be expected to cause substantial harm to the 
environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility that 
could not reasonably be expected to cause substantial, or significant 
and substantial harm to the environment.
    (3) The COTP will consider downgrading an MTR facility's 
classification only upon receiving a written request for a downgrade of 
classification from the facility's owner or operator.
    (c) When changing a facility classification the COTP may, as 
appropriate, consider all relevant factors including, but not limited 
to: Type and quantity of oils handled in bulk; facility spill history; 
age of facility; proximity to public and commercial water supply 
intakes; proximity to navigable waters based on the definition of 
navigable waters in 33 CFR 2.05-25; and proximity to fish and wildlife 
and sensitive environments.