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3. 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/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 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.
(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/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 72 COLREGSI Inland 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 72 COLREGS/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.

4. 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/Inland Rules 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;

(b) The provision of the 72 COLREGS/Inland Rules for which the Certificate authorizes alternative compliance;

(c) A certification that the vessel is unable to comply fully with the 72 COLREGS/Inland Rules light, 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/Inland Rules 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.

5. Certificate of Alternative Compliance: Termination.

The Certificate of Alternative Compliance terminates if the information supplied under 3.(a) or the Certificate issued under 4. is no longer applicable to the vessel.

6. Record of certification of vessels of special construction or purpose.

(a) Copies of Certificates of Alternative Compliance and documentation concerning Coast Guard vessels are available for inspection at Coast Guard Headquarters, Office of Navigation, 2100 Second Street S.W., Washington, D.C. 20593.

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

VESSEL BRIDGE-TO-BRIDGE
RADIOTELEPHONE REGULATIONS

The Vessel Bridge-to-Bridge Radiotelephone Act is applicable on navigable waters of the United States inside of the boundary lines established in 46 CFR 7. In all cases, the Act applies on waters subject to the Inland Rules. In some instances, the Act may apply all the way out to the three mile limit, depending on where the boundary lines are located. In no instance does the Act apply beyond the three mile limit. At the time of publication of this book, there was a Notice of Proposed Rulemaking published in the Federal Register on September 15, 1983 (48 FR 41454) which would amend the boundary line regulations. This rulemaking would except the application of the Act from the prescribed boundary lines and would make it uniformly applicable out to the three mile limit. A Final Rule is expected to be published in the Federal Register by late 1983. Any change to the area of applicability of the Act will also be published in Notice to Mariners.

Sec.

Sec. 26.01 Purpose.

26.06 Maintenance of radiotelephone; 26.02 Definitions.

failure of radiotelephone. 26.03 Radiotelephone required. 26.07 English language. 26.04 Use of the designated frequency. 26.08 Exemption procedures. 26.05 Use of radiotelephone.

26.09 List of exemptions.

26.10 Penalties. AUTHORITY: 85 Stat. 164; 33 U.S.C. secs. 1201-1208; 49 CFR 1.46(0) (2), unless otherwise noted.

SOURCE: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise noted.

$ 26.01 Purpose.

(a) The purpose of this part is to implement the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act. This part

(1) Requires the use of the vessel bridge-to-bridge radiotelephone;

(2) Provides the Coast Guard's interpretation of the meaning of important terms in the Act

(3) Prescribes the procedures for applying for an exemption from the Act and the regulations issued under the Act and a listing of exemptions.

(b) Nothing in this part relieves any person from the obligation of complying with the rules of the road and the applicable pilot rules.

$ 26.02 Definitions.

For the purpose of this part and interpreting the Act

"Secretary" means the Secretary of the Department in which the Coast Guard is operating;

“Act" means the "Vessel Bridge-to-Bridge Radiotelephone Act", 33 U.S.C. sections 1201-1208;

"Length” is measured from end to end over the deck excluding sheer; "Power-driven vessel

vessel” means any vessel propelled by machinery; and

"Towing vessel" means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. (Rule 1, International Regulations for Preventing Collisions at Sea, 1972 (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b)) (CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 FR 35784, July 11, 1977)

§ 26.03 Radiotelephone required.

(a) Unless an exemption is granted under $26.09 and except as provided in paragraph (a) (4) of this section, section 4 of the Act provides that

(1) Every power-driven vessel of 300 gross tons and upward while navigating;

(2) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while' navigating;

(3) Every towing vessel of 26 feet or over in length while navigating; and

(4) Every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels: Provided, That an unmanned or intermittently manned floating plant under the control of a dredge need not be required to have separate radiotelephone capability; Shall have a radiotelephone capable of operation from its navigational bridge, or in the case of a dredge, from its main control station, and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information.

(b) The radiotelephone required by paragraph (a) of this section shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States inside the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as amended.

$ 26.04 Use of the designated frequency.

(a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests.

(b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels.

(c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels.

Note: The Federal Communications Commission (FCC) has designated the frequency 156.65 MHz (Channel 13) for the use of bridge-to-bridge stations in most of the United States. However, FCC rules designate the frequency 156.375 MHz (Channel 67) to be used instead of Channel 13 in the following areas, except to facilitate transition from these areas: The Mississippi River from South Pass Lighted Bell Buoy "2" and Southwest Pass Entrance (midchannel) Lighted Whistle Buoy SW to mile 242.4 AHP (Above Head of Passes) near Baton Rouge; and, in addition, over the full length of the Mississippi River-Gulf Outlet Canal from entrance to its junction with the Inner Harbor Navigation Canal, and over the full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to its entry to Lake Ponchartrain at the New Seabrook vehicular bridge. (CGD 83-036, 48 FR 30107, June 30, 1983]

§ 26.05 Use of radiotelephone. Section 5 of the Act states

(a) The radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this Act.

§ 26.06 Maintenance of radiotelephone; failure of radiotelephone. Section 6 of the Act states

(a) Whenever radiotelephone capability is required by this Act, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment

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