(a) Alterations and modifications affecting the design and construction of a deepwater port must be submitted to the Commandant (CG-5P) for review and approval if:
(1) A license has not yet been issued; or,
(2) A license has been issued but the port has not commenced operations; or,
(3) The alteration and modification are deemed a major conversion; or,
(4) The alteration or modification substantially changes the manner in which the port operates or is not in accordance with a condition of the license.
(b) All other alterations and modifications to the deepwater port must be submitted to the Officer in Charge of Marine Inspection (OCMI) for review and approval.
(c) Approval for alterations and modifications proposed after a license has been issued will be contingent upon whether the proposed changes will affect the way the port operates, or any conditions imposed in the license.
(d) The licensee is not authorized to proceed with alterations prior to approval from the Commandant (CG-5P) for the conditions outlined in paragraph (a) and approval by the cognizant OCMI as required in paragraph (b) of this section.
(e) The Commandant (CG-5P), during the review and approval process of a proposed alteration or modification, may consult with the Marine Safety Center and cooperating Federal agencies possessing relevant technical expertise.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2020-0304, 85 FR 58279, Sept. 18, 2020]