{"operation":"document","citation":"33 CFR 154.1016","title":"Facility classification by COTP.","source_type":"regulation","agency":"United States Coast Guard","status":"current","official":true,"published_on":null,"effective_on":"2026-08-18","summary":"(a) The COTP may upgrade the classification of:\n\n(1) An MTR facility not specified in § 154.1015 (b) or (c) to a facility that could reasonably be expected to cause substantial harm to the environment; or\n\n(2) An MTR facility specified in § 154.1015(b) to a facility that could reasonably be expected","machine_formats":{"json":"https://regulus.evalyn.ai/document/33-cfr-154-1016.json","markdown":"https://regulus.evalyn.ai/document/33-cfr-154-1016.md"},"app_url":"https://regulus.evalyn.ai/document/33-cfr-154-1016","source_url":"https://www.ecfr.gov/on/2026-08-18/title-33/section-154.1016","body":"(a) The COTP may upgrade the classification of:\n\n(1) An MTR facility not specified in § 154.1015 (b) or (c) to a facility that could reasonably be expected to cause substantial harm to the environment; or\n\n(2) An MTR facility specified in § 154.1015(b) to a facility that could reasonably be expected to cause significant and substantial harm to the environment.\n\n(b) The COTP may downgrade, the classification of:\n\n(1) An MTR facility specified in § 154.1015(c) to a facility that could reasonably be expected to cause substantial harm to the environment; or\n\n(2) An MTR facility specified in § 154.1015(b) to a facility that could not reasonably be expected to cause substantial, or significant and substantial harm to the environment.\n\n(3) The COTP will consider downgrading an MTR facility's classification only upon receiving a written request for a downgrade of classification from the facility's owner or operator.\n\n(c) When changing a facility classification the COTP may, as appropriate, consider all relevant factors including, but not limited to: Type and quantity of oils handled in bulk; facility spill history; age of facility; proximity to public and commercial water supply intakes; proximity to navigable waters based on the definition of navigable waters in 33 CFR 2.36; and proximity to fish and wildlife and sensitive environments.\n\n[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008]","truncated":false,"body_characters":1450}