[Code of Federal Regulations]
[Title 46, Volume 7]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR175.540]

[Page 200-201]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 175_GENERAL PROVISIONS--Table of Contents
 
Sec. 175.540  Equivalents.

    (a) The Commandant may approve any arrangement, fitting, appliance, 
apparatus, equipment, calculation, information, or test, which provides 
a level of safety equivalent to that established by specific provisions 
of this subchapter. Requests for approval must be submitted to the 
Marine Safety Center via the cognizant OCMI. If necessary, the Marine 
Safety Center may require engineering evaluations and tests to 
demonstrate the equivalence of the substitute.
    (b) The Commandant may accept compliance by a high speed craft with 
the provisions of the International Maritime Organization (IMO) ``Code 
of Safety for High Speed Craft'' as an equivalent to compliance with 
applicable requirements of this subchapter. Requests for a determination 
of equivalency for a particular vessel must be submitted to the Marine 
Safety Center via the cognizant OCMI.
    (c) The Commandant may approve a novel lifesaving appliance or 
arrangement as an equivalent if it has performance characteristics at 
least

[[Page 201]]

equivalent to the appliance or arrangement required under this part, 
and:
    (1) Is evaluated and tested under IMO Resolution A. 520(13), ``Code 
of Practice for the Evaluation, Testing and Acceptance of Prototype 
Novel Life-Saving Appliances and Arrangements''; or
    (2) Has successfully undergone an evaluation and tests that are 
substantially equivalent to those recommendations.
    (d) The Commandant may accept alternative compliance arrangements in 
lieu of specific provisions of the International Safety Management (ISM) 
Code (IMO Resolution A.741(18)) for the purpose of determining that an 
equivalent safety management system is in place on board a vessel. The 
Commandant will consider the size and corporate structure of a vessel's 
company when determining the acceptability of an equivalent system. 
Requests for determination of equivalency must be submitted to 
Commandant (G-MOC) via the cognizant OCMI.

[CGD 85-080, 61 FR 947, Jan. 10, 1996; 61 FR 24464, May 15, 1996, as 
amended by CGD 95-073, 62 FR 67515, Dec. 24, 1997]