33 CFR 155.5067: Alternative planning criteria for nontank vessels

Last reviewed: October 14, 2026

This section lets a nontank vessel owner or operator ask the Coast Guard for alternative planning criteria when national planning criteria are inappropriate for the areas of operation. The request must be endorsed by the Captain of the Port and received by Commandant (CG-MER) no later than 21 days before operation. Commandant (CG-MER) decides the request.

Applies toOwners and operators of nontank vessels who believe the national planning criteria in this part are inappropriate for the areas where the vessel intends to operate.

What it says

  1. A nontank vessel owner or operator may submit an alternative planning criteria request to the Coast Guard when the owner or operator believes the national planning criteria in this part are inappropriate for the areas where the vessel intends to operate.

    33 CFR 155.5067(a)“the vessel owner or operator may submit an alternative planning criteria request to the Coast Guard.”

  2. Requests must be submitted 90 days before the vessel intends to operate under the proposed alternative, or as soon as is practicable.

    33 CFR 155.5067(a)“Alternative planning criteria requests must be submitted 90 days before the vessel intends to operate under the proposed alternative, or as soon as is practicable.”

  3. The Captain of the Port (COTP) with jurisdiction over the affected geographic areas must endorse the request before Commandant (CG-MER) considers it.

    33 CFR 155.5067(a)“must be endorsed by the Captain of the Port (COTP) with jurisdiction over the geographic area(s) affected before being considered by Commandant (CG-MER)”

  4. In any case, Commandant (CG-MER) must receive the request, with the COTP's endorsement, no later than 21 days before the vessel intends to operate under the alternative planning criteria.

    33 CFR 155.5067(a)“the request must be received by Commandant (CG-MER) with an endorsement by the respective COTP no later than 21 days before the vessel intends to operate”

  5. The request should detail all elements of the VRP where deviations from the requirements in this subpart are proposed or have not been met.

    33 CFR 155.5067(b)“The alternative planning criteria request should detail all elements of the VRP where deviations from the requirements in this subpart are being proposed or have not been met.”

  6. Response equipment, techniques, or procedures named in the request should be submitted in accordance with the evaluation criteria of appendix B of this part.

    33 CFR 155.5067(b)“should be submitted in accordance with the evaluation criteria of appendix B of this part.”

  7. The request should include, at a minimum, the reasons for it, the regulations necessitating it, alternative proposals, prevention and mitigation strategies, and environmental and economic impact assessments.

    33 CFR 155.5067(b)(5)“Environmental and economic impact assessments of the effects.”

  8. Commandant (CG-MER), Office of Marine Environmental Response Policy, will determine the request.

    33 CFR 155.5067(c)“The determination of an alternative planning criteria request will be conducted by Commandant (CG-MER), Office of Marine Environmental Response Policy.”

Common questions

How far ahead must I submit an alternative planning criteria request?

The request must be submitted 90 days before the vessel intends to operate under the alternative, or as soon as is practicable. In any case, Commandant (CG-MER) must receive it with the COTP endorsement no later than 21 days before operation.

“Alternative planning criteria requests must be submitted 90 days before the vessel intends to operate under the proposed alternative, or as soon as is practicable.”

Who decides an alternative planning criteria request?

Commandant (CG-MER), Office of Marine Environmental Response Policy, makes the determination.

“The determination of an alternative planning criteria request will be conducted by Commandant (CG-MER), Office of Marine Environmental Response Policy.”

Does the Captain of the Port have to endorse an alternative planning criteria request?

Yes. The COTP with jurisdiction over the affected geographic areas must endorse the request before Commandant (CG-MER) considers it.

“must be endorsed by the Captain of the Port (COTP) with jurisdiction over the geographic area(s) affected before being considered by Commandant (CG-MER)”

What should an alternative planning criteria request contain?

At a minimum, the request should contain the reasons and supporting information, identification of the regulations necessitating it, and proposals for alternatives. It should also contain prevention and mitigation strategies and environmental and economic impact assessments.

“The request should contain at a minimum—”

The text of 33 CFR 155.5067

Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR

Alternative planning criteria

(a) When the owner or operator of a nontank vessel believes that national planning criteria contained elsewhere in this part are inappropriate for the areas in which the vessel intends to operate, the vessel owner or operator may submit an alternative planning criteria request to the Coast Guard. Alternative planning criteria requests must be submitted 90 days before the vessel intends to operate under the proposed alternative, or as soon as is practicable. The alternative planning criteria request must be endorsed by the Captain of the Port (COTP) with jurisdiction over the geographic area(s) affected before being considered by Commandant (CG-MER), Office of Marine Environmental Response Policy, for the review and approval of the respective vessel response plan (VRP). In any case, the request must be received by Commandant (CG-MER) with an endorsement by the respective COTP no later than 21 days before the vessel intends to operate under the alternative planning criteria.

(b) The alternative planning criteria request should detail all elements of the VRP where deviations from the requirements in this subpart are being proposed or have not been met. Response equipment, techniques, or procedures identified in the alternative planning criteria request should be submitted in accordance with the evaluation criteria of appendix B of this part. The request should contain at a minimum—

(1) Reason(s) and supporting information for the alternative planning criteria request;

(2) Identification of regulations necessitating the alternative planning criteria request;

(3) Proposals for alternative procedures, methods, or equipment standards, where applicable, to provide for an equivalent level of planning, response, or pollution mitigation strategies;

(4) Prevention and mitigation strategies that ensure low risk of spills and adequate response measures as a result of the alternative planning criteria; and

(5) Environmental and economic impact assessments of the effects.

(c) The determination of an alternative planning criteria request will be conducted by Commandant (CG-MER), Office of Marine Environmental Response Policy.

The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.