Title 46

SECTION 32.53-3

32.53-3 Exemptions.

§ 32.53-3 Exemptions.

(a) The Deputy for Operations Policy and Capabilities (CG-DCO-D) grants exemptions for crude oil tankers of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, if the vessel's owner can show that compliance would be unreasonable and impracticable due to the vessel's design characteristics.

(b) Requests for exemptions must be submitted in writing to: Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509.

(c) Each request must be supported by documentation showing that:

(1) The system would be detrimental to the safe operation of the vessel;

(2) It is physically impracticable to install the system; or

(3) Adequate maintenance of the system would be impossible.

(d) The vessel's owner may request a conference. The exemption request file will be available for use in the conference and additional arguments or evidence in any form may be presented. The conference will be recorded. The presiding officer summarizes the material presented at the conference and submits written recommendations to the Deputy for Operations Policy and Capabilities (CG-DCO-D).

(e) The Deputy for Operations Policy and Capabilities (CG-DCO-D) reviews the exemption request file and decides whether to grant or deny the exemption. The decision shall include an explanation of the basis on which the exemption is granted or denied, and constitutes final agency action.

[CGD 77-057a, 44 FR 66502, Nov. 19, 1979, as amended by CGD 82-063b, 48 FR 29486, June 27, 1983; CGD 88-070, 53 FR 34534, Sept. 7, 1988; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996; CGD 97-057, 62 FR 51043, Sept. 30, 1997; USCG-2009-0702, 74 FR 49227, Sept. 25, 2009; USCG-2013-0671, 78 FR 60147, Sept. 30, 2013]