Current through September 30, 2024
Section 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