[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR8.440]

[Page 86-87]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 8_VESSEL INSPECTION ALTERNATIVES--Table of Contents
 
                 Subpart D_Alternate Compliance Program
 
Sec. 8.440  Vessel enrollment in the Alternate Compliance Program.

    (a) In place of compliance with other applicable provisions of this 
title, the owner or operator of a vessel subject to plan review and 
inspection under this subchapter for initial issuance or renewal of a 
COI may submit the vessel for classification, plan review and inspection 
by a recognized classification society authorized by the Coast Guard to 
determine compliance with applicable international treaties and 
agreements, the classification society's class rules, and the U.S. 
Supplement prepared by the classification society and accepted by the 
Coast Guard.
    (b) A vessel owner or operator wishing to have a vessel inspected 
under paragraph (a) of this section shall submit an Application for 
Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate 
on the form that the inspection will be conducted by an authorized 
classification society under the ACP.
    (c) Based on reports from an authorized classification society that 
a vessel complies with applicable international treaties and agreements, 
the classification society's class rules, and the U.S. Supplement 
prepared by the classification society and accepted by the Coast Guard, 
the cognizant OCMI may issue a certificate of inspection to the vessel. 
If the OCMI declines to issue a certificate of inspection even though 
the reports made by the authorized classification society indicate that 
the vessel meets applicable standards, the vessel owner or operator may 
appeal the OCMI decision as provided in subpart 1.03 of this chapter.

[[Page 87]]

    (d) If reports from an authorized classification society indicate 
that a vessel does not comply with applicable international treaties and 
agreements, the classification society's class rules, and the U.S. 
Supplement prepared by the classification society and accepted by the 
Coast Guard, the cognizant OCMI may decline to issue a certificate of 
inspection. If the OCMI declines to issue a certificate of inspection, 
the vessel owner or operator may:
    (1) Correct the reported deficiencies and make arrangements with the 
classification society for an additional inspection;
    (2) Request inspection by the Coast Guard under other provisions of 
this subchapter; or
    (3) Appeal via the authorized classification society to the Chief, 
Office of Compliance, Commandant (G-MOC), U.S. Coast Guard, 2100 Second 
St. SW., Washington, DC 20593-0001.