33 C.F.R. Subpart F—Exemption From or Adjustments to Requirements in This Subchapter
Title 33 - Navigation and Navigable Waters
This subpart provides procedures for requesting an exemption from a requirement in this subchapter. Commandant (G-M) and MARAD coordinate in evaluating requests for exemption from the requirements in this subchapter. (a) Any person required to comply with a requirement in this subchapter may submit a petition for exemption from that requirement. (b) The petition must be submitted in writing to the Commandant (G-M). (c) The Commandant (G-M) may require the petition to provide an alternative to the requirement. If the petition for exemption concerns an adjacent coastal State, the Commandant (G-M) forwards the petition to the Governor of the State for the Governor's recommendation. The Commandant (G-M) may recommend that MARAD allow an exemption if he or she determines that: (a) Compliance with the requirement would be contrary to public interest; (b) Compliance with the requirement would not enhance safety or the health of the environment; (c) Compliance with the requirement is not practical because of local conditions or because the materials or personnel needed for compliance are unavailable; (d) National security or national economy justifies a departure from the rules; or (e) The alternative, if any, proposed in the petition would: (1) Ensure comparable or greater safety, protection of the environment, and quality of construction, maintenance, and operation of the deepwater port; and (2) Be consistent with recognized principles of international law. The financial limit for liability for deepwater ports is set in accordance with section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704). (a) The Coast Guard may lower the $350,000,000 limit of liability for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph (d) of that section. (b) Requests to adjust the limit of liability for a deepwater port must be submitted to Commandant (G-M). Adjustments are established by a rulemaking that may take place concurrently with the processing of the deepwater port license application.
Title 33: Navigation and Navigable Waters
PART 148—DEEPWATER PORTS: GENERAL
Subpart F—Exemption From or Adjustments to Requirements in This Subchapter
§ 148.500 What does this subpart do?
§ 148.505 How do I apply for an exemption?
§ 148.510 What happens when a petition for exemption involves the interests of an adjacent coastal State?
§ 148.515 When is an exemption allowed?
§ 148.600 What is the limit of financial liability?
§ 148.605 How is the limit of liability determined?
