§ 155.4055 - Temporary waivers from meeting one or more of the specified response times.

§ 155.4055 Temporary waivers from meeting one or more of the specified response times.

(a) You may submit a request for a temporary waiver of a specific response time requirement, if you are unable to identify a resource provider who can meet the response time.

(b) Your request must be specific as to the COTP zone, operating environment, salvage or marine firefighting service, and response time.

(c) Emergency lightering requirements set forth in § 155.4030(b) will not be subject to the waiver provisions of this subpart.

(d) You must submit your request to the Commandant, Director of Prevention Assistant Commandant for Response Policy (CG-5PCG–5R), via the local COTP for final approval. The local COTP will evaluate and comment on the waiver before forwarding the waiver request, via the District, to the Assistant Commandant (CG-5PCG–5R) for final approval.

(e) Your request must include the reason why you are unable to meet the time requirements. It must also include how you intend to correct the shortfall, the time it will take to do so, and what arrangements have been made to provide the required response resources and their estimated response times.

(f) Commandant, Director of Prevention Assistant Commandant for Response Policy (CG-5PCG–5R), will only approve waiver requests up to a specified time period, depending on the service addressed in the waiver request, the operating environment, and other relevant factors. These time periods are listed in Table 155.4055(g).

(g) Table 155.4055(g) lists the service waiver time periods.

Table 155.4055(g) - Service —Service Waiver Time Periods

Service	Maximum waiver time period (years)
(1) Remote salvage assessment & consultation	0
(2) Remote firefighting assessment & consultation	0
(3) On-site salvage & firefighting assessment	1
(4) Hull and bottom survey	2
(5) Salvage stabilization services	3
(6) Fire suppression services	4
(7) Specialized salvage operations	5

(h) You must submit your waiver request 30 days prior to any plan submission deadlines identified in this or any other subpart of part 155 in order for your vessel to continue oil transport or transfer operations.

[USCG-1998-3417USCG–1998–3417, 73 FR 80649, Dec. 31, 2008, as amended by USCG-2014-0410USCG–2014–0410, 79 FR 38437, July 7, 2014; USCG–2016–0498, 82 FR 35082, July 28, 2017]