(a) The facility operator of each facility to which this part applies shall submit, with the letter of intent, two copies of an Operations Manual that:
(1) Describes how the applicant meets the operating rules and equipment requirements prescribed by this part and part 156 of this chapter;
(2) Describes the responsibilities of personnel under this part and part 156 of this chapter in conducting transfer operations; and
(3) Includes translations into a language or languages understood by all designated persons in charge of transfer operations employed by the facility.
(b) The facility operator shall maintain the operations manual so that it is:
(1) Current; and
(2) Readily available for examination by the COTP.
(c) The COTP shall examine the Operations Manual when submitted, after any substantial amendment, and as otherwise required by the COTP.
(d) In determining whether the manual meets the requirements of this part and part 156 of this chapter the COTP shall consider the size, complexity, and capability of the facility.
(e) If the manual meets the requirements of this part and part 156 of this chapter, the COTP will return one copy of the manual marked “Examined by the Coast Guard” as described in § 154.325.
(f) The facility operator shall ensure that a sufficient number of copies of the examined Operations Manual, including a sufficient number of the translations required by paragraph (a)(3) of this section, are readily available for each facility person in charge while conducting a transfer operation.
The facility operator may request that the contents of the operations manual or portions thereof be considered commercial or financial information that is privileged or confidential. Under the Freedom of Information Act, the Coast Guard would withhold any part of the contents of the operations manual from public disclosure upon determining that it is commercial or financial information that is privileged or confidential.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]
Title 33 published on 2014-07-01
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