Sec.  80.1071   Exemptions.

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

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

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

   (vi)  A  Search  and  Rescue  Transponder  meeting the requirements of
    Sec. 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.

   [ 51 FR 31213 , Sept. 2, 1986, as amended at  68 FR 46975 , Aug. 7, 2003;  73 FR 4489 , Jan. 25, 2008]