§ 149.403 How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures?

(a) The operator may request the use of alternate or excess equipment or procedures than those required in this subchapter.

(b) Upon request, the Sector Commander, or MSU Commander with COTP and OCMI authority, may allow the use of alternate equipment or procedures if the alternatives will:

(1) Accomplish the purposes for the requirement; and

(2) Provide a degree of safety equivalent to or greater than that provided by the requirement.

(c) The Sector Commander, or MSU Commander with COTP and OCMI authority, may require that the requesting party:

(1) Explain why applying the requirement would be unreasonable or impracticable; or

(2) Submit engineering calculations, tests, or other data to demonstrate how the requested alternative would comply with paragraph (b) of this section.

(d) The Sector Commander, or MSU Commander with COTP and OCMI authority, may determine, on a case-by-case basis, that the Commandant (CG–ENG) must approve the use of the alternate equipment or procedure.

[USCG–1998–3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG–2013–0397, 78 FR 39179, July 1, 2013; USCG–2012–0196, 81 FR 48243, July 22, 2016]