[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR155.760]

[Page 406]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 155_OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS 
FOR VESSELS--Table of Contents
 
    Subpart C_Transfer Personnel, Procedures, Equipment, and Records
 
Sec. 155.760  Amendment of transfer procedures.

    (a) The COTP or OCMI may require the vessel operator of any vessel 
that is required to have transfer procedures under Sec. 155.720 to 
amend those procedures if the COTP or OCMI finds that the transfer 
procedures do not meet the requirements of this part.
    (b) The COTP or OCMI shall notify the vessel operator in writing of 
any inadequacies in the oil transfer procedures. The vessel operator may 
submit written information, views, and arguments on and proposals for 
amending the procedures within 14 days from the date of the COTP or OCMI 
notice. After considering all relevant material presented, the COTP or 
OCMI shall notify the vessel operator of any amendment required or 
adopted, or the COTP or OCMI may rescind the notice. The amendment 
becomes effective 30 days after the vessel operator receives the notice, 
unless the vessel operator petitions the Commandant to review the COTP 
or OCMI 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 or OCMI who issued the requirement to 
amend.
    (c) If the COTP or OCMI finds that there is a condition requiring 
immediate action to prevent the discharge or risk of discharge that 
makes the procedure in paragraph (b) of this section impractical or 
contrary to the public interest, he or she may issue an amendment 
effective on the date the vessel operator receives notice of it. In such 
a case, the COTP or OCMI includes a brief statement of the reasons for 
the findings in the notice, and the vessel operator may petition the 
Commandant, in any manner, to review the amendment. The petition does 
not postpone the amendment.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]