Code of Federal Regulations (alpha)

CFR /  Title 47  /  Part 80  /  Sec. 80.1071 Exemptions.

(a) In certain circumstances, partial or conditional exemptions may be granted to individual ships from the requirements of Sec. Sec. 80.1085, 80.1087, 80.1089, 80.1091, and 80.1093 provided: such ships comply with the functional requirements of Sec. 80.1081 and a showing is made that such an exemption will not have a material effect upon the general efficiency of the service for the safety of all ships.

(b) An exemption may be granted under paragraph (a) of this section only:

(1) If the conditions affecting safety are such as to render the full application of Sec. Sec. 80.1085, 80.1087, 80.1089, 80.1091, and 80.1093 unreasonable or unnecessary or otherwise not in the public interest;

(2) In exceptional circumstances, for a single voyage outside the sea area or sea areas for which the ship is equipped.

(c) All fishing vessels of 300 gross tons and upward are exempt from subpart W requirements applicable for carriage of VHF-DSC and MF-DSC equipment until one year after the USCG establishes GMDSS coast facilities for Sea Areas A1 and A2, if the following provisions are met:

(1) The ship is equipped with:

(i) A VHF radiotelephone installation.

(ii) A MF or HF radiotelephone installation.

(iii) A Category 1, 406.0-406.1 MHz EPIRB meeting the requirements of Sec. 80.1061;

(iv) A NAVTEX receiver meeting the requirements of Sec. 80.1101(c)(1);

(v) Survival craft equipment meeting the requirements of Sec. 80.1095;

(vi) A Search and Rescue Transponder meeting the requirements of Sec. 80.1101(c)(6); and

(2) The ship remains within coverage of a VHF coast station and maintains a continuous watch on VHF Channel 16; or

(3) The vessel remains within coverage of an MF coast station and maintains a continuous watch on 2182 kHz and VHF Channel 16. [57 FR 9065, Mar. 16, 1992, as amended at 68 FR 46975, Aug. 7, 2003; 73 FR 4489, Jan. 25, 2008]