SUPPLEMENTARY INFORMATION:

The United States is signatory to the International Maritime Organization's International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The special construction or purpose of some vessels makes them unable to comply with the light, shape, or sound signal provisions of the 72 COLREGS. Under statutory law, however, specified 72 COLREGS provisions are not applicable to a vessel of special construction or purpose if the Coast Guard determines that the vessel cannot comply fully with those requirements without interfering with the special function of the vessel.^[1]

The owner, builder, operator, or agent of a special construction or purpose vessel may apply to the Coast Guard District Office in which the vessel is being built or operated for a determination that compliance with alternative requirements is justified,^[2] and the Chief of the Prevention Division will then issue the applicant a certificate of alternative compliance (COAC) if he or she determines that the vessel cannot comply fully with 72 COLREGS light, shape, and sound signal provisions without interference with the vessel's special function.^[3] If the Coast Guard issues a COAC, it must publish notice of this action in the Federal Register .^[4]

The Chief of Prevention Division, Oceania District, U.S. Coast Guard, certifies that the AHT SAKMAN (ON 1362284) is a vessel of special construction or purpose, and that, with respect to the position of the forward superstructure and aft working deck, it is not possible to comply fully with the lighting and special shapes requirements of the provisions enumerated in the 72 COLREGS, without interfering with the normal operation, construction, or design of the vessel. The Chief of Prevention Division, Oceania District, U.S. Coast Guard, further finds and certifies that the due to the construction and placement of the forward superstructure and aft working deck, the current lighting configuration placing the stern light and towing light at frame 40, and the vertical and horizontal spacing of lights 1m and 24m respectively, are in the closest possible compliance with the applicable provisions of the 72 COLREGS.^[5]

91 FR 24887