Sec. 80.933 General small passenger vessel exemptions.
(a) Subject U.S. vessels less than 50 gross tons which are navigated
not more than 300 meters (1,000 feet) from the nearest land at mean low
tide are exempt from the provisions of title III, part III of the
Communications Act.
(b) All U.S. passenger vessels of less than 100 gross tons, not
subject to the radio provisions of the Safety Convention, are exempt
from the radiotelegraph provisions of Part II of Title III of the
Communications Act, provided that the vessels are equipped with a
radiotelephone installation fully complying with subpart S of this part.
(c) Prior to February 1, 1999, U.S. passenger vessels of less than
100 gross tons are exempt from the radiotelepraph requirements of Part
II of Title III of the Communications Act and the MF radiotelephone
requirements of this subpart as well as Regulations 7 to 11 of Chapter
IV of the Safety Convention if the following criteria are fully met:
(1) The ship is equipped with a VHF radiotelephone installation
meeting the requirements of this subpart;
(2) While navigating more than three nautical miles from the nearest
land, the ship is equipped with:
(i) A Category 1, 406 MHz EPIRB meeting the requirements of
Sec. 80.1061;
(ii) A NAVTEX receiver meeting the requirements of
Sec. 80.1101(c)(1); and
(iii) Three two-way VHF radiotelephone apparatus and two radar
transponders meeting the requirements of Sec. 80.1095.
(3) The ship remains within communications range of U.S. Coast Guard
or public coast stations operating in the band 156-162 MHz;
(4) The routes of the voyage are never more than 20 nautical miles
from the nearest land or, alternatively, not more than 200 nautical
miles between two consecutive ports, and are limited to the following
domestic and international voyages:
(i) In waters contiguous to Hawaii, the Bahama Islands and the
islands in the Caribbean Sea, including the Greater Antilles, Lesser
Antilles, and the coastal waters of Venezuela between the Mouth of the
Orinoco River and the Gulf of Venezuela;
(ii) In waters contiguous to the coast of Southern California from
Point Conception south to Cape San Lucas, Mexico; the islands of San
Miguel, Santa Rosa, Santa Cruz, Anacopa, San Nicolas, Santa Barbara,
Santa Catalina,
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and San Clemente are considered to be within these waters; and,
(iii) In waters of the Pacific Northwest between Tacoma, Washington
and the waters of British Columbia, Canada, as far north as Queen
Charlotte Strait, never in the open sea.
(d) Prior to February 1, 1999, U.S. passenger vessels of less than
100 gross tons are exempt from the radiotelegraph requirements of Part
II of Title III of the Communications Act, as well as Regulations 7 to
11 of Chapter IV of the Safety Convention, if the following criteria are
fully met:
(1) The ship is equipped in accordance with paragraphs (c)(1) and
(c)(2) of this section;
(2) The ship is equipped with a MF radiotelephone installation
meeting the requirements of this subpart;
(3) The routes of the voyage are never more than 20 nautical miles
from the nearest land or, alternatively, not more than 100 nautical
miles between two consecutive ports, and are limited to international
voyages between Florida and the Bahama Islands.
(e) These exemptions may be terminated at any time without hearing,
if in the Commission's discretion, the need for such action arises.
[ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993;
60 FR 58245 , Nov. 27, 1995]
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