Certain MTSA Facilities Dealing in Low Risk Cargoes May Now Obtain a Waiver from 105

On July 26, 2011 the U. S. Coast Guard posted on their HOMEPORT site MTSA Policy Advisory Council decision (PAC) 02-11, Waiving Facilities that Transfer Certain Low Risk Commodities. The PAC states that “the Coast Guard has taken a closer look at some of the regulated cargoes and their physical properties and has concluded that handling them would likely not contribute to a TSI.” This PAC relieves facilities only of requirements under 33 CFR 105 and does not relieve the vessel of any requirements. Included in this list of cargoes are aggregate, cement, coal, grain, vegetable oils, and pet coke. The following conditions must apply:

1. The facility is not regulated under any other applicability factor;

2. The facility has storage capacity of no more than 42,000 gallons of any other regulated substance;

3. The facility receives no vessels subject to SOLAS;

4. The facility receives no foreign flagged vessels;

5. The facility receives no passenger vessels certificated to carry more than 150 passengers.

Facilities that meet all of the criteria listed above may send a letter to the COTP in their area, requesting that their Facility Security Plan (FSP) be withdrawn. Facilities that meet some, but not all of the criteria may forward a request for a waiver under 33 CFR 105.130 to Commandant (CG-54) requesting permission to waive the requirements of 33 CFR 105 at their facility.