Exemptions.

(a)The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, grants an exemption or partial exemption from compliance with any requirement in this part if:#

(1)A facility operator submits an application for the exemption via the COTP; and#

(2)It is determined, from the application, that:#

(i)Compliance with the requirement is economically or physically impractical;#

(ii)No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of safety and protection from pollution by oil or hazardous material; and#

(iii)The likelihood of oil or hazardous material being discharged is not substantially increased as a result of the exemption.#

(b)If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and reasons for the exemption, and proposed procedures, methods or equipment standards.#

(c)The exemption may specify the procedures, methods, or equipment standards that will apply.#

(d)An exemption is granted or denied in writing. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is a final agency action.#