# 33 C.F.R. § 154.1016 (2026): Facility classification by COTP

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1016

## Section

- **Citation:** 33 C.F.R. § 154.1016 (2026)
- **Heading:** Facility classification by COTP
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 33 CFR: Navigation and Navigable Waters / Chapter I: COAST GUARD, DEPARTMENT OF HOMELAND SECURITY / Part 154: FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK / Subpart F: Response Plans for Oil Facilities / § 154.1016: § 154.1016   Facility classification by COTP.

## Text

(a) The COTP may upgrade the classification of:
(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
(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.
(b) The COTP may downgrade, the classification of:
(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
(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.
(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.
(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.
[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008]

## Nearby sections

- [33 C.F.R. § 154.1010 (2026) § 154.1010   Purpose.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1010.md)
- [33 C.F.R. § 154.1015 (2026) § 154.1015   Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1015.md)
- [33 C.F.R. § 154.1016 (2026) § 154.1016   Facility classification by COTP.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1016.md)
- [33 C.F.R. § 154.1017 (2026) § 154.1017   Response plan submission requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1017.md)
- [33 C.F.R. § 154.1020 (2026) § 154.1020   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1020.md)
- [33 C.F.R. § 154.1025 (2026) § 154.1025   Operating restrictions and interim operating authorization.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1025.md)
- [33 C.F.R. § 154.1026 (2026) § 154.1026   Qualified individual and alternate qualified individual.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1026.md)
- [33 C.F.R. § 154.1028 (2026) § 154.1028   Methods of ensuring the availability of response resources by contract or other approved means.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1028.md)
- [33 C.F.R. § 154.1029 (2026) § 154.1029   Worst case discharge.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1029.md)
- [33 C.F.R. § 154.1030 (2026) § 154.1030   General response plan contents.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1030.md)
- [33 C.F.R. § 154.1035 (2026) § 154.1035   Specific requirements for facilities that could reasonably be expected to cause significant and substantial harm to the environment.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1035.md)
- [33 C.F.R. § 154.1040 (2026) § 154.1040   Specific requirements for facilities that could reasonably be expected to cause substantial harm to the environment.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1040.md)
- [33 C.F.R. § 154.1041 (2026) § 154.1041   Specific response information to be maintained on mobile MTR facilities.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1041.md)
- [33 C.F.R. § 154.1045 (2026) § 154.1045   Response plan development and evaluation criteria for facilities that handle, store, or transport Group I through Group IV petroleum oils.](https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1045.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T33_P154_S154_1016. Check the current official text before relying on it. Not legal advice.