46 CFR 136.120: Special consideration for departures from requirements
Last reviewed: October 14, 2026
This section lets the cognizant OCMI who issues the COI give special consideration to authorizing departures from specific requirements. The OCMI bases this on a review of relevant information and the TSMS applicable to the vessel. Departures need unusual circumstances or arrangements and an equivalent level of safety.
Applies toIt applies to the cognizant OCMI who issues the COI, for departures from specific requirements for a vessel.
What it says
The cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements.
“the cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements”
The OCMI bases this consideration on a review of relevant information and on the TSMS applicable to the vessel.
“Based on a review of relevant information and on the TSMS applicable to the vessel”
A departure may be considered only when unusual circumstances or arrangements warrant it.
“when unusual circumstances or arrangements warrant such departures”
A departure may be considered only when an equivalent level of safety is provided.
“when an equivalent level of safety is provided”
Common questions
Who can authorize a departure from Subchapter M requirements under special consideration?
The cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements.
“the cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements”
When may a departure from a specific requirement be authorized?
It may be considered when unusual circumstances or arrangements warrant it. An equivalent level of safety must also be provided.
“when unusual circumstances or arrangements warrant such departures and when an equivalent level of safety is provided”
What does the OCMI review before giving special consideration?
The OCMI bases the decision on a review of relevant information and on the TSMS applicable to the vessel.
“Based on a review of relevant information and on the TSMS applicable to the vessel”
The text of 46 CFR 136.120
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Special consideration
Based on a review of relevant information and on the TSMS applicable to the vessel, the cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements, when unusual circumstances or arrangements warrant such departures and when an equivalent level of safety is provided.
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.