§ 89.5. Application for a Certificate of Alternative Compliance.

341 words·~2 min read·/us/cfr/t33/s§ 89.5·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The owner, builder, operator, or agent of a vessel of special construction or purpose who believes the vessel cannot fully comply with the Inland Rules light, shape, or sound signal provisions without interference with its special function may apply for a determination that alternative compliance is justified. The application must be in writing, submitted to the Chief of the Prevention Division of the Coast Guard District in which the vessel is being built or operated, and include the following information:

(1)The name, address, and telephone number of the applicant.

(2)The identification of the vessel by its:

(i)Official number;

(ii)Shipyard hull number;

(iii)Hull identification number; or

(iv)State number, if the vessel does not have an official number or hull identification number.

(3)Vessel name and home port, if known.

(4)A description of the vessel's area of operation.

(5)A description of the provision for which the Certificate of Alternative Compliance is sought, including:

(i)The Inland Rules Rule or Annex section number for which the Certificate of Alternative Compliance is sought;

(ii)A description of the special function of the vessel that would be interfered with by full compliance with the provision of that Rule or Annex section; and

(iii)A statement of how full compliance would interfere with the special function of the vessel.

(6)A description of the alternative installation that is in closest possible compliance with the applicable Inland Navigation Rules Rule or Annex section.

(7)A copy of the vessel's plans or an accurate scale drawing that clearly shows:

(i)The required installation of the equipment under the Inland Rules,

(ii)The proposed installation of the equipment for which certification is being sought, and

(iii)Any obstructions that may interfere with the equipment when installed in:

(A)The required location; and

(B)The proposed location.

(b)The Coast Guard may request from the applicant additional information concerning the application. \[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982; USCG-2018-0874, 84 FR 30878, June 28, 2019\]