---
kind: "section"
citation: "33 C.F.R. § 149.403"
title: "33"
number: "149.403"
heading: "How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures?"
url: "https://uscodex.org/cfr/33/149.403"
---

# §149.403. How can I request to use alternate or excess fire fighting and fire prevention equipment or procedures?

- (a) The operator may request the use of alternate or excess equipment or procedures than those required in this subchapter.
- (b) Upon request, the Sector Commander, or MSU Commander with COTP and OCMI authority, may allow the use of alternate equipment or procedures if the alternatives will:
  - (1) Accomplish the purposes for the requirement; and
  - (2) **Provide a degree of safety equivalent to or greater than that provided by the requirement.**
- (c) The Sector Commander, or MSU Commander with COTP and OCMI authority, may require that the requesting party:
  - (1) Explain why applying the requirement would be unreasonable or impracticable; or
  - (2) Submit engineering calculations, tests, or other data to demonstrate how the requested alternative would comply with [paragraph (b)](#b) of this section.
- (d) The Sector Commander, or MSU Commander with COTP and OCMI authority, may determine, on a case-by-case basis, that the Commandant (CG-ENG) must approve the use of the alternate equipment or procedure.

## Notes

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013; USCG-2012-0196, 81 FR 48243, July 22, 2016]

### Authority

Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, Revision No. 01.4.

### Source

Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39179, July 1, 2013; USCG-2012-0196, 81 FR 48243, July 22, 2016]