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) U.S. passenger vessels of less than 100 gross tons operated on domestic
   or international voyages are exempt from the radiotelegraph requirements of
   Part II of Title III of the Communications Act and the MF radiotelephone
   requirements of this subpart until one year after the Coast Guard notifies
   the Commission that shore-based Sea Area A1 coverage is established, 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, 406.0–406.1 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, 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;  68 FR 46974 , Aug. 7, 2003]