[Title 33 CFR 155.130]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter O - POLLUTION]
[Part 155 - OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS]
[Subpart A - General]
[Sec. 155.130 - Exemptions.]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseExemptions.155.130Sec. 155.130NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)POLLUTIONOIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONSGeneral
Sec. 155.130  Exemptions.

    (a) The Commandant grants an exemption or partial exemption from 
compliance with any requirement in this part if:
    (1) A ship operator submits a written request for an exemption via 
the COTP or OCMI thirty (30) days before operations under the exemption 
are proposed unless the COTP or OCMI authorizes a shorter time; and
    (2) It is determined from the request 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 protection from 
pollution; and
    (iii) The likelihood of discharges occurring 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 the 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 oceangoing ship is not given an exemption from the 
requirements of subpart B of this part unless the ship is a hydrofoil, 
air cushion vehicle or other new type of ship (near-surface craft, 
submarine craft, etc.) whose constructional features are such as to 
render the application of any of the provisions of subpart B relating to 
construction and equipment unreasonable or impractical. The construction 
and equipment of the ship must provide protection equivalent to that 
afforded by subpart B of this part against pollution, having regard to 
the service for which the ship is intended.
    (e) An exemption is granted or denied in writing. The decision of 
the Commandant is a final agency action.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]