[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR161.5]

[Page 561]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 161--VESSEL TRAFFIC MANAGEMENT--Table of Contents
 
                   Subpart A--Vessel Traffic Services
 
Sec. 161.5  Deviations from the rules.

    (a) Requests to deviate from any provision in this part, either for 
an extended period of time or if anticipated before the start of a 
transit, must be submitted in writing to the appropriate District 
Commander. Upon receipt of the written request, the District Commander 
may authorize a deviation if it is determined that such a deviation 
provides a level of safety equivalent to that provided by the required 
measure or is a maneuver considered necessary for safe navigation under 
the circumstances. An application for an authorized deviation must state 
the need and fully describe the proposed alternative to the required 
measure.
    (b) Requests to deviate from any provision in this part due to 
circumstances that develop during a transit or immediately preceeding a 
transit, may be made verbally to the appropriate VTS Commanding Officer. 
Requests to deviate shall be made as far in advance as practicable. Upon 
receipt of the request, the VTS Commanding Officer may authorize a 
deviation if it is determined that, based on vessel handling 
characteristics, traffic density, radar contacts, environmental 
conditions and other relevant information, such a deviation provides a 
level of safety equivalent to that provided by the required measure or 
is a maneuver considered necessary for safe navigation under the 
circumstances.

           Services, VTS Measures, and Operating Requirements