§ 136.309 Review of administrative determination.

(a) Either the claimant or the Fund may petition the Secretary of Transportation, in the case of administrative review by panel, or the Commandant, in the case of administrative review by administrative law judge, for further review. Review is granted at the discretion of the Secretary or Commandant, as appropriate.

(b) A petition under paragraph (a) of this section must

(1) Be in writing;

(2) Be made within 15 days of the decision of the administrative body; and

(3) Specify the issues in dispute and the basis for the appeal.

(c) Either the Secretary of Transportation, for a claim reviewed by a panel, or the Commandant, for a claim reviewed by an administrative law judge, may, on their own initiative, review the decision of the administrative body.

Subpart 140.01-Authority and Purpose

§ 140.01-1 Purpose of regulations.

(a) The regulations in this subchapter are requirements with respect to safety equipment and other matters relating to the promotion of safety of life and property on the artificial islands and fixed structures located on the outer continental shelf.

(b) These provisions are established to implement section 4(e)(1) of the Outer Continental Shelf Lands Act (sec. 4, 67 Stat. 462; 43 U.S.C. 1333), which reads as follows:

The head of the Department in which the Coast Guard is operating shall have authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the islands and structures referred to in subsection (a) or on the waters adjacent thereto, as he may deem necessary.

§ 140.01-5 Assignment of functions.

(a) The Department of Transportation Act (Public Law 89-670, 80 Stat. 931-950, 49 U.S.C. 1651-1659), transferred to and vested in the Secretary of Transportation “* * * all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury, and of other officers and offices in the Department of the Treasury" (subsection 6(b)(1), 49 U.S.C. 1655(b)), which included all functions, powers, and duties pertaining to artificial islands and fixed structures located on the outer continental shelf as set forth in 43 U.S.C. 1333. This transfer is subject to certain conditions, modifications, and exceptions as set forth in the Department of Transportation Act. By rules in 49 CFR 1.4(a) and (f) the Secretary of Transportation delegated to the Commandant, U.S. Coast Guard, authority to exercise certain functions, powers, and duties as set forth in such Act (49

U.S.C. 1655) subject to conditions, exceptions and modifications as described in 49 CFR Part 1. By a rule in 49 CFR 1.9 the Secretary of Transportation continued in effect actions taken prior to April 1, 1967.

(b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 1967, and effective April 1, 1967 (32 FR 5611), approved the continuation of orders, rules, regulations, policies, procedures, privileges, waivers, and other actions which had been made, allowed, granted, or issued prior to April 1, 1967, and provided that they shall continue in effect according to their terms until modified, terminated, repealed, superseded, or set aside by appropriate authority.

[CGFR 68-154, 33 FR 18626, Dec. 17, 1968]

Subpart 140.05—Application

§ 140.05-1 Artificial islands and fixed

structures.

This subchapter shall be applicable to all artificial islands and fixed structures located on the outer Continental Shelf which are directly or indirectly used in connection with the exploration, production, storage, etc. (including drilling and testing), of natural resources of the subsoil and seabed of the outer Continental Shelf. The phrase "artificial islands and fixed structures" includes both mobile and built-up platforms, whether manned or unmanned, and whether or not attended or serviced by vessels. The term "natural resources" includes oil, gas, petroleum, minerals, etc., which may be removed from the subsoil and seabed of the outer Continental Shelf. E8140.05-5 Scope of requirements.

(a) This subchapter pertains to special safety construction features required, emergency equipment, lifesaving appliances, fire-fighting equipment, emergency operation procedures, and special inspections thereof by the Coast Guard. These requirements will be enforced after construction or erection of the artificial islands or fixed structures is completed.

(b) The lights and warning devices required for artificial islands and fixed structures shall be provided and main

tained in accordance with requirements now in effect or which may hereafter be established in Parts 60 to 76, inclusive (Subchapter C-Aids to Navigation), of this chapter. The vessels in attendance shall display lights and signals in accordance with the Regulations for Preventing Collisions at Sea, 1960 (33 U.S.C. 1061-1094), or the local rules established in accordance with Rule 30 thereof, as appropriate.

(c) The regulations in this subchapter shall not apply to operating equipment used and employed, nor to the methods and operations used, in the drilling for and the production of oil, gas, petroleum, or other subsoil minerals, nor to the transportation thereof by pipeline.

[CGFR 56-4, 21 FR 901, Feb. 9, 1956, as amended by CGFR 68-154, 33 FR 18626, Dec. 17, 1968]

§ 140.05-10 Effective date of regulations.

The regulations in this subchapter shall become effective on and after July 1, 1956. These requirements shall supersede all interim instructions or temporary requirements issued which are in conflict therewith.

§ 140.05-15 Amendments or additions to regulations.

The right is reserved to alter, amend, cancel, or add to the regulations in this subchapter. However, any additions, cancellations, or amendments shall not be retroactive in effect unless specifically provided for at the time and a reasonable period for compliance will be permitted. Except in an emergency, ninety days will be allowed before amendments or new requirements will become effective.

§ 140.05-20 Separability of regulations.

If any provision of the regulations in this subchapter, or the application of such provision to any person, firm, company, or corporation, or to any artificial island or fixed structure, shall be held invalid, the validity of the remainder of the regulations in this subchapter and the applicability of such provisions shall not be affected thereby.

Subpart 140.10-Definitions of Terms Used in This Subchapter

§ 140.10-1 Approved.

This term means approved by the Commandant unless otherwise stated.

§ 140.10-5 Artificial island or fixed structure.

This term means a building or platform secured to the seabed by fixed means or submerged onto the seabed so that for all practical purposes it becomes stationary. This includes both mobile and built-up platforms.

§ 140.10-10 Attending vessel.

This term means a vessel moored close to and readily accessible to an artificial island or fixed structure, which is especially adapted to providing power, fuel, and/or other services pertaining to the operation being conducted on such artificial island or fixed structure.

§ 140.10-15 Coast Guard District Commander.

This term means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a particular Coast Guard district, which includes the inspections, enforcement, and administration of regulations governing artificial islands and fixed structures located on the outer continental shelf.

§ 140.10-20 Commandant.

This term means the Commandant of the Coast Guard.

§ 140.10-25 Manned platform.

This term means an artificial island or fixed structure which, after completion of erection, is actually and continuously occupied by persons living and accommodated thereon.

§ 140.10-30 Mobile platform.

This term means an artificial island or fixed structure, which includes as an integral part of itself features which permit it to be moved as an entity from position to position and to be fixed to or submerged onto the seabed.

type have been prescribed by the Commandant and are contained in Parts 160 to 164, inclusive, in Subchapter Q-Specifications in 46 CFR Chapter I. In general such specifications are of interest only to the manufacturer of specific items of equipment.

Subpart 140.20-Enforcement

§ 140.20-1 Responsibility for enforcement. The Coast Guard District Commander has general responsibility for and superintendence over the inspections, enforcement, and administration of the regulations in this subchapter within his assigned district. Under the general superintendence of the Coast Guard District Commander, it is the responsibility of the Officer in Charge, Marine Inspection, within his marine inspection zone, to perform or have performed the inspections, enforcement, and administration of the regulations in this subchapter. To accomplish these purposes, authority to perform these functions is hereby delegated to the Coast Guard District Commanders and Officers in Charge, Marine Inspection, within their respective districts and marine inspection zones. This authority may be redelegated as necessary to any person from the civilian or military branch of the Coast Guard assigned to work for such official.

§ 140.20-5 Penalty.

The penalty for any violation of the regulations in this subchapter is in section 4(e)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333) and reads as follows:

Any person, firm, company, or corporation who shall fail or refuse to obey any of the lawful rules and regulations issued hereunder shall be guilty of a misdemeanor and shall be fined not more than $100 for each offense. Each day during which such violation shall continue shall be considered a new offense.

Subpart 140.25-Appeals and Judicial Review

§ 140.25-1 Right of appeal.

(a) Any party interested in or aggrieved by any decision or action of

the Officer in Charge, Marine Inspection, may appeal therefrom to the Coast Guard District Commander of the District in which the action or decision was made. A further appeal may be made to the Commandant, U.S. Coast Guard, from the decision of the District Commander. Any party interested in or aggrieved by any decision or action of the Coast Guard District Commander may appeal therefrom to the Commandant, U.S. Coast Guard.

(b) Appeals from decisions or actions of the Officer in Charge, Marine Inspection, to the Coast Guard District Commander shall be made in writing within 30 days after the decisions or actions appealed from shall have been rendered or taken. Such an appeal shall set forth the decision or action appealed from and the reasons why the decision or action should be set aside or revised. Appeals from the decisions or actions of the Coast Guard District Commander to the Commandant shall be made in writing within 30 days after the decisions appealed from shall have been rendered.

(c) Pending the determination of the appeal the initial decision or action of the Officer in Charge, Marine Inspection, or the initial decision or action of the Coast Guard District Commander shall remain in effect. The decision of the Commandant is final.