---
kind: "section"
citation: "33 C.F.R. § 161.5"
title: "33"
number: "161.5"
heading: "Deviations from the rules."
url: "https://uscodex.org/cfr/33/161.5"
---

# §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 preceding a transit may be made to the appropriate VTC. Requests to deviate must be made as far in advance as practicable. Upon receipt of the request, the VTC 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.

## Notes

### Amendments

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531, 70 FR 36350, June 23, 2005; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019]

### Authority

Authority: 46 U.S.C. 70001, 70002, 70003, 70034, 70114, 70119; Pub. L. 107-295, 116 Stat. 2064; DHS Delegation No. 00170.1, Revision No. 01.3.

### Source

Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise noted.

### Amendments

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531, 70 FR 36350, June 23, 2005; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019]