Current through October 31, 2024
Section 153.10 - Procedures for requesting alternatives and waivers; termination of waivers(a) The Coast Guard considers allowing the use of an alternative in place of a requirement in this part if- (1) The person wishing to use the alternative sends a written application to the Commandant (CG-ENG) explaining- (i) The requirement in this part that would not be met and the reason why;(ii) The alternative the person proposes to be substituted; and(iii) How the alternative would ensure a level of safety and pollution protection at least equal to that of the requirement for which the alternative would substitute;(2) The alternative does not substitute an operational standard for a design or equipment standard; and(3) The Commandant (CG-ENG) determines that the alternative provides a level of protection for purposes of safety and pollution at least equal to the requirement in this part.(b) The Coast Guard considers granting a waiver of a requirement for which this part allows a waiver if the person wishing the waiver sends a written application to the Commandant (CG-ENG) that includes-(1) A citation of the regulation that allows the waiver; and(2) Any information and pledges that the regulation requires to be submitted with the application for the waiver.(c) The Commandant notifies the applicant in writing-(1) Whether any further information is necessary to evaluate the request for an alternative or waiver; and(2) Of the outcome of the request for an alternative or waiver.(d) A waiver issued under this part terminates if any-(1) Information required to be supplied with the application for the waiver changes;(2) Pledges required to be supplied with the application for the waiver are repudiated;(3) Restrictions or procedures applying to operations under the waiver are violated; or(4) Requirements in the section of this part authorizing the waiver are violated.CGD 81-101, 52 FR 7780, Mar. 12, 1987