2020-04251. Certificate of Alternative Compliance for the M/V PELICAN II

AGENCY:

Coast Guard, DHS.

ACTION:

Notification of issuance of a certificate of alternative compliance.

SUMMARY:

The Coast Guard announces that the Chief of Prevention Division, Seventh District has issued a certificate of alternative compliance from the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), for the M/V PELICAN II (O.N. 1296903). We are issuing this notice because its publication is required by statute. Due to the construction and placement of the masthead light, stern light, and sidelights, M/V PELICAN II cannot fully comply with the light, shape, or sound signal provisions of the 72 COLREGS without interfering with the vessel's design and construction. This notification of the issuance of these certificates of alternative compliance promotes the Coast Guard's marine safety mission.

DATES:

The Certificate of Alternative Compliance for the M/V PELICAN II was issued on January 16, 2020.

FOR FURTHER INFORMATION CONTACT:

For information or questions about this notice call or email LCDR Dale Cressman, D7 dpi, U.S. Coast Guard, 305-415-7148, [e-mail].

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 would 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, Seventh District, U.S. Coast Guard, certifies that the M/V PELICAN II (O.N. 1296903) is a vessel of special construction or purpose, and that, with respect to the positions of the masthead light, stern light, and sidelights, it is not possible to comply fully with the requirements of the provisions enumerated in the 72 COLREGS, without interfering with the normal operation, construction, or design of the vessel's car deck. The Chief of Prevention Division, Seventh District, U.S. Coast Guard, further finds and certifies that the lights are configured in closest possible compliance with the applicable provisions of the 72 COLREGS.^[5]

This notice is issued under authority of 33 U.S.C. 1605(c) and 33 CFR 81.18.

Dated: January 16, 2020.

J.D. Espino-Young,

Captain, U.S. Coast Guard, Chief, Prevention Division, Seventh Coast Guard District.

Footnotes

1.  33 U.S.C. 1605.

2.  33 CFR 81.5.

3.  33 CFR 81.9.

4.  33 U.S.C. 1605(c) and 33 CFR 81.18.

5.  33 U.S.C. 1605(a); 33 CFR 81.9.