Sailors have found a way around the "only RC may protest a breach of rule X" clause. Instead of protesting under rule X, they protest under rule 2, alleging that the protestee committed unsportsmanlike conduct by knowingly breaking a rule. Once the protest hearing is open, then PC must apply rule X.

There is a way around rule 88.2 (which would allow SI's to change rule 40), but I hesitate to give the details.

A practical, although unpalatable solution is to change the penalty (anything from "no penalty", or a "warning", to a discretionary penalty). Another option would be to "exonerate" a boat for breaking rule 40 if a CE vest were worn instead of a USCG vest.

If, however, you really want to wear a CE vest in the USA, then you should carry a "readily accessible" USCG vest on board as well. That way, you follow the law and the rules.

Regards,
Eric