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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
the inclusion of such information is current practice, we are only codifying this current practice.
As proposed in the NPRM, in paragraph a we clarify that the facility operator must submit the manuals to the COTP of the zone in which the facility operates. The clarification will align the text with current practice.
This rule implements the proposed changes to how the COTP notifies the facility that the Operations Manual has been examined in paragraph e.
Previously, after examination and determination that the manual meets the requirements of this part, the COTP
marked the manual Examined by the Coast Guard and returned one copy to the facility operator. Now the COTP will notify the facility that the manual has been examined and will not return a copy of the manual to the facility. We expect this notice to initially take the form of a printed or emailed letter, with the revision date or other revisionspecific identifying information on the letter, but could eventually include an electronic certification with this information.
Paragraph f of 154.300 allows either a printed or electronic copy of the most recently examined Operations Manual to be readily available for each facilitys PIC while conducting a transfer operation. The facility may store the manual in print or electronic format. In this paragraph, this final rule adds a new statement over what we originally proposed in the NPRM, specifying that electronic devices used to view an electronic copy of the manual must comply with applicable electrical safety requirements in part 154. The facility may have either printed or electronic copies of the manual in any translations required under existing paragraph a3.
In 154.300d, products transferred will also be part of the list of items the COTP considers when determining whether the manual meets the requirements of part 154 and part 156. Information about the products transferred, meaning the type of oil and hazardous material, is already required to be included in the Operation Manuals under 154.310a5, and knowledge of the products being transferred is important to reviewing the adequacy of the Operations Manual. The facility develops their capabilities based, in part, on the characteristics of the oil or hazardous material they want to transfer. Including products transferred in the list of considerations increases transparency regarding the manual examination process.

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Section 154.320 Operations Manual:
Amendment This section addresses amendments to Operations Manuals. Paragraph a of this section previously stated that the COTP may require the facility operator to amend their Operations Manual if the manual does not meet the requirements of this part. This rule replaces requirements of this part with requirements of this subchapter because there are other regulations in the subchapter that apply to the Operations Manual. The applicable subchapter is subchapter O, titled Pollution, which includes 33 CFR
parts 151 through 159.
Section 154.320a1 allows facility operators to submit to the Coast Guard any information, views, arguments, and proposed amendments in response to the inadequacies identified by the COTP. To align with other revisions, we added language to this section allowing facility operators to send their information, views, arguments, and proposed amendments to the COTP in print or electronically.
Per paragraph b1, facilities may submit amendments to the manuals to the COTP either in print or electronically. Paragraphs b2 and c require the COTP to examine the amendments to an Operations Manual for compliance with the subchapter and then notify the facility that the Coast Guard has examined the amendments. If the amendments do not meet the requirements for Operations Manuals in subchapter O, the COTP will notify the facility operator of the inadequacies and explain why the amendments do not meet the requirements of the subchapter. The COTP notice may be a printed or emailed letter, or even an electronic certification, with the revision date or other revision-specific identifying information included.
Paragraph e describes how facility operators may submit amendments and the procedures to follow in the event the entire manual is submitted for amendments. This rule gives the facility operator the choice of page or wholemanual replacement, but requires them to include the date, revision date, or other revision-specific identifying information on the submission. If a facility submits the entire manual with the proposed amendments, this rule requires that the changes since the last examined manual be highlighted, or otherwise annotated. It may be easier for a facility to submit the entire manual with the amendments highlighted or annotated, rather than isolating individual pages that were amended.
Examples of ways facility operators
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could highlight or annotate the amendments include, but are not limited to, use of an electronic or ink highlighting tool, comment or text boxes noting where the changes are, or noting the changes in correspondence or a document. Ultimately, the method that the facility operator uses can be anything that identifies all the changes, and is not limited to the methods mentioned in this preamble. The purpose of highlighting or annotating the amendments is to assist the COTP in understanding what changes are being made and to reduce the resources required to examine amendments. After the COTP examines the amendments, the facility must maintain the Operations Manual with the most recently examined changes, but there is no requirement to keep the changes highlighted or annotated after they are examined.
Section 154.325 Operations Manual:
Procedures for Examination This rule removes paragraph a of 154.325, so that the facility operator is no longer required to submit two copies of the Operations Manual. To align with other changes in part 154, the facility operator of a new facility will be able to submit one electronic or printed copy of the Operations Manual to the COTP.
In re-designated paragraphs a and b of this section, this rule replaces the previous text, any transfer operation with, the first transfer operation to make the regulatory text more precise.
This clarifies that the facility must submit the Operations Manual prior to a new facilitys first transfer or the first transfer after a facility is removed from caretaker status.
We also amended the process in 154.325 to require the COTP to notify the facility operator when the manual has been examined. Because we are allowing electronic submission in this final rule, the COTP will no longer send back a marked printed copy of the manual stating it has been examined by the Coast Guard. The COTPs notice will restate the manuals date, revision date, or other identifying information provided by the facility. If the manual does not meet the requirements of subchapter O, the COTP will notify the facility with an explanation of why the manual does not meet the requirements of that subchapter.
In paragraph d of 154.325
previously paragraph e of 154.325, this final rule replaces the text requirements of this chapter with requirements of this subchapter because referencing the entire chapter is too broad. The applicable regulations
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