1625-0019 Stat/Authority

Coast Guard, DHS

§ 81.5

Howland, Jarvis, Johnson, Palmyra,
Swains and Wake Islands.

operation in which the vessel is usually
engaged.

[CGD 94–011, 63 FR 5731, Feb. 4, 1998]

[CGD 77–136, 47 FR 13799, Apr. 1, 1982]

ALASKA

§ 81.3

SEVENTEENTH DISTRICT

§ 80.1705 Alaska.
The 72 COLREGS shall apply on all
the sounds, bays, harbors, and inlets of
Alaska.
[CGD 79–036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81–017, 46 FR 28154, May 26,
1981]

PART 81—72 COLREGS:
IMPLEMENTING RULES
Sec.
81.1 Definitions.
81.3 General.
ALTERNATIVE COMPLIANCE
81.5

Application for a Certificate of Alternative Compliance.
81.9 Certificate of Alternative Compliance:
Contents.
81.17 Certificate of Alternative Compliance:
Termination.
81.18 Notice and record of certification of
vessels of special construction or purpose.
EXEMPTIONS
81.20

Lights and sound signal appliances.

AUTHORITY: 33 U.S.C. 1607; E.O. 11964; 49
CFR 1.46.

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SOURCE: CGD 76–130, 42 FR 17111, Mar. 31,
1977, unless otherwise noted. Redesignated
by CGD 81–017, 46 FR 28154, May 26, 1981.

§ 81.1 Definitions.
As used in this part:
72 COLREGS refers to the International Regulations for Preventing
Collisions at Sea, 1972, done at London,
October 20, 1972, as rectified by the
Proces-Verbal of December 1, 1973, as
amended.
A vessel of special construction or purpose means a vessel designed or modified to perform a special function and
whose arrangement is thereby made
relatively inflexible.
Interference with the special function of
the vessel occurs when installation or
use of lights, shapes, or sound-signaling appliances under 72 COLREGS
prevents or significantly hinders the

General.

Vessels of special construction or
purpose which cannot fully comply
with the light, shape, and sound signal
provisions of 72 COLREGS without
interfering with their special function
may instead meet alternative requirements. The Chief of the Marine Safety
Division in each Coast Guard District
Office makes this determination and
requires that alternative compliance
be as close as possible with the 72
COLREGS. These regulations set out
the procedure by which a vessel may be
certified for alternative compliance.
The information collection and recordkeeping requirements in §§ 81.5 and
81.18 have been approved by the Office
of Management and Budget under OMB
control No. 1625–0019.
[CGD 77–136, 47 FR 13799, Apr. 1, 1982, as
amended by USCG–2006–25150, 71 FR 39208,
July 12, 2006]

ALTERNATIVE COMPLIANCE
§ 81.5 Application for a Certificate of
Alternative Compliance.
(a) The owner, builder, operator, or
agent of a vessel of special construction or purpose who believes the vessel
cannot fully comply with the 72
COLREGS 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 Marine Safety 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.

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§ 81.9

33 CFR Ch. I (7–1–16 Edition)

(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 72 COLREGS 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 72
COLREGS 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 72 COLREGS,
(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.
(Approved by the Office of Management and
Budget under control number 1625–0019)

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[CGD 77–136, 47 FR 13799, Apr. 1, 1982, as
amended by USCG–2006–25150, 71 FR 39208,
July 12, 2006]

§ 81.9 Certificate of Alternative Compliance: Contents.
The Chief of the Marine Safety Division issues the Certificate of Alternative Compliance to the vessel based
on a determination that it cannot comply fully with 72 COLREGS light,
shape, and sound signal provisions
without interference with its special
function. This Certificate includes—
(a) Identification of the vessel as supplied
in
the
application
under
§ 81.5(a)(2);
(b) The provision of the 72 COLREGS
for which the Certificate authorizes alternative compliance;

(c) A certification that the vessel is
unable to comply fully with the 72
COLREGS lights, shape, and sound signal requirements without interference
with its special function;
(d) A statement of why full compliance would interfere with the special
function of the vessel;
(e) The required alternative installation;
(f) A statement that the required alternative installation is in the closest
possible compliance with the 72
COLREGS without interfering with the
special function of the vessel;
(g) The date of issuance;
(h) A statement that the Certificate
of Alternative Compliance terminates
when the vessel ceases to be usually
engaged in the operation for which the
certificate is issued.
[CGD 77–136, 47 FR 13800, Apr. 1, 1982]

§ 81.17 Certificate of Alternative Compliance: Termination.
The Certificate of Alternative Compliance terminates if the information
supplied under § 81.5(a) or the Certificate issued under § 81.9 is no longer applicable to the vessel.
[CGD 77–136, 47 FR 13800, Apr. 1, 1982]

§ 81.18 Notice and record of certification of vessels of special construction or purpose.
(a) In accordance with 33 U.S.C.
1605(c), a notice is published in the
FEDERAL REGISTER of the following:
(1) Each Certificate of Alternative
Compliance issued under § 81.9; and
(2) Each Coast Guard vessel determined by the Commandant to be a vessel of special construction or purpose.
(b) Copies of Certificate of Alternative Compliance and documentation
concerning Coast Guard vessels are
available for inspection at Marine
Transportation Systems Directorate,
U.S. Coast Guard Headquarters, (CG–
5PW), Stop 7509, 2703 Martin Luther
King Avenue SE., Washington, DC
20593–7509.
(c) The owner or operator of a vessel
issued a Certificate shall ensure that
the vessel does not operate unless the
Certificate of Alternative Compliance
or a certified copy of that Certificate is

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Coast Guard, DHS

§ 82.7

on board the vessel and available for
inspection by Coast Guard personnel.

are adopted by the Coast Guard for the
guidance of the public.

(Approved by the Office of Management and
Budget under control number 1625–0019)

[CGD 76–133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81–017, 46 FR 28154, May 26,
1981]

[CGD 77–136, 47 FR 13800, Apr. 1, 1982, as
amended by CGD 88–052, 53 FR 25119, July 1,
1988; CGD 96–026, 61 FR 33663, June 28, 1996;
CGD 78–82, 43 FR 54186, Nov. 20, 1978; USCG–
2006–25150, 71 FR 39208, July 12, 2006; USCG–
2010–0351, 75 FR 36281, June 25, 2010; USCG–
2014–0410, 79 FR 38431, July 7, 2014]

EXEMPTIONS
§ 81.20 Lights and sound signal appliances.
Each vessel under the 72 COLREGS,
except the vessels of the Navy, is exempt from the requirements of the 72
COLREGS to the limitation for the period of time stated in Rule 38 (a), (b),
(c), (d), (e), (f), and (g) if:
(a) Her keel is laid or is at a corresponding stage of construction before
July 15, 1977; and
(b) She meets the International Regulations for Preventing Collisions at
Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051–
1094).
[CGD 76–133, 42 FR 35792, July 11, 1977. Redesignated at CGD 81–017, 46 FR 28154, May 26,
1981]

PART 82—72 COLREGS:
INTERPRETATIVE RULES
Sec.
82.1 Purpose.
82.3 Pushing vessel and vessel being pushed:
Composite unit.
82.5 Lights for moored vessels.
82.7 Sidelights for unmanned barges.
AUTHORITY: 14 U.S.C. 2, 633; 33 U.S.C. 1602;
E.O. 11964, 42 FR 4327, 3 CFR, 1977 Comp., p.
88; 49 CFR 1.46(n).

§ 82.1

Purpose.

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This part contains the interpretative
rules concerning the 72 COLREGS that

§ 82.3 Pushing vessel and vessel being
pushed: Composite unit.
Rule 24(b) of the 72 COLREGS states
that when a pushing vessel and a vessel
being pushed ahead are rigidly connected in a composite unit, they are regarded as a power-driven vessel and
must exhibit the lights under Rule 23.
A ‘‘composite unit’’ is interpreted to be
a pushing vessel that is rigidly connected by mechanical means to a vessel being pushed so they react to sea
and swell as one vessel. ‘‘Mechanical
means’’ does not include the following:
(a) Lines.
(b) Hawsers.
(c) Wires.
(d) Chains.
[CGD 76–133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81–017, 46 FR 28154, May 26,
1981]

§ 82.5 Lights for moored vessels.
For the purposes of Rule 30 of the 72
COLREGS, a vessel at anchor includes a
barge made fast to one or more mooring buoys or other similar device attached to the sea or river floor. Such a
barge may be lighted as a vessel at anchor in accordance with Rule 30, or
may be lighted on the corners in accordance with 33 CFR 88.30(h) through
(l).
[CGD 94–011, 63 FR 5731, Feb. 4, 1998, as
amended by USCG–2015–0433, 80 FR 44280,
July 27, 2015]

§ 82.7 Sidelights for unmanned barges.
An unmanned barge being towed may
use the exception of COLREGS Rule
24(h). However, this exception only applies to the vertical sector requirements.
[CGD 94–011, 63 FR 5731, Feb. 4, 1998]

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