[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: 33CFR154.320]

[Page 304]
 
                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 B--Operations Manual
 
Sec. 154.320  Operations manual: Amendment.

    (a) Using the following procedures, the COTP may require the 
facility operator to amend the operations manual if the COTP finds that 
the operations manual does not meet the requirements in this part:
    (1) The COTP will notify the facility operator in writing of any 
inadequacies in the Operations Manual. The facility operator may submit 
written information, views, and arguments regarding the inadequacies 
identified, and proposals for amending the Manual, within 45 days from 
the date of the COTP notice. After considering all relevant material 
presented, the COTP shall notify the facility operator of any amendment 
required or adopted, or the COTP shall rescind the notice. The amendment 
becomes effective 60 days after the facility operator receives the 
notice, unless the facility operator petitions the Commandant to review 
the COTP's notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP who issued the requirement to amend 
the Operations Manual.
    (2) If the COTP finds that there is a condition requiring immediate 
action to prevent the discharge or risk of discharge of oil or hazardous 
material that makes the procedure in paragraph (a)(1) of this section 
impractical or contrary to the public interest, the COTP may issue an 
amendment effective on the date the facility operator receives notice of 
it. In such a case, the COTP shall include a brief statement of the 
reasons for the findings in the notice. The owner or operator may 
petition the Commandant to review the amendment, but the petition does 
not delay the amendment.
    (b) The facility operator may propose amendments to the operations 
manual by:
    (1) Submitting any proposed amendment and reasons for the amendment 
to the COTP not less than 30 days before the requested effective date of 
the proposed amendment; or
    (2) If an immediate amendment is needed, requesting the COTP to 
approve the amendment immediately.
    (c) The COTP shall respond to proposed amendments submitted under 
paragraph (b) of this section by:
    (1) Approving or disapproving the proposed amendments;
    (2) Advising the facility operator whether the request is approved, 
in writing, before the requested date of the amendments;
    (3) Including any reasons in the written response if the request is 
disapproved; and
    (4) If the request is made under paragraph (b)(2) of this section 
immediately approving or rejecting the request.
    (d) Amendments to personnel and telephone number lists required by 
Sec. 154.310(a)(7) of this part do not require examination by the COTP, 
but the COTP must be advised of such amendments as they occur.

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996]