§ 80.1071 - Exemptions.

§ 80.1071 Exemptions.

(a) In certain circumstances, partial or conditional exemptions may be granted to individual ships from the requirements of §§ 80.1085, 80.1087, 80.1089, 80.1091, and 80.1093 provided: such ships comply with the functional requirements of § 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 §§ 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 § 80.1061;

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

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

(vi) A Search and Rescue Transponder meeting the requirements of § 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]