(a) The facility operator of each facility to which this part applies must submit to the COTP of the zone(s) in which the facility operates, with the letter of intent, an Operations Manual in printed or electronic format 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.
(4) After September 10, 2021, includes a date, revision date, or other revision-specific identifying information.
(b) The facility operator must maintain the operations manual so that it is:
(1) Current; and
(2) Readily available for examination by the COTP.
(c) The COTP must 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 will consider the products transferred, and 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 provide notice to the facility stating the manual has been examined by the Coast Guard as described in § 154.325. The notice will include the date, revision date of the manual, or other revision-specific identifying information.
(f) The facility operator must ensure printed or electronic copies of the most recently examined Operations Manual, including any translations required by paragraph (a)(3) of this section, are readily available for each facility person in charge while conducting a transfer operation. Electronic devices used to display the manual must comply with applicable electrical safety standards in this part;
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; USCG-2020-0315, 86 FR 43940, Aug. 11, 2021]