§  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]