Sec. 80.836  General exemptions.

    (a) General small passenger vessel exemptions, applicable to certain 
U.S. passenger vessels of less than 100 gross tons, are contained in 
subpart S of this part.
    (b) All newly constructed U.S. cargo vessels of 1600 gross tons and 
upward are exempt from the radiotelegraph and radio direction finding 
provisions of Part II of Title III of the Communications Act when 
navigated on sea trials, not more than 150 nautical miles from the 
nearest land, if the following conditions are met:
    (1) The vessel is equipped with a radiotelephone capable of 
operation on 2182 kHz and equipped with a radiotelephone alarm signal 
generator. The vessel may carry an additional portable radiotelephone, 
located in the wheelhouse, equipped with a radiotelephone alarm signal 
generator to satisfy the radiotelephone alarm signal generator 
requirement;
    (2) The radio direction-finding apparatus is calibrated during the 
sea trials;
    (3) A continous watch is maintained in 2182 kHz whenever the 
radiotelephone is not being used for authorized traffic during the sea 
trials; and
    (4) The local FCC Engineer in Charge is advised of the dates and 
routes of the sea trials.
    (c) Prior to February 1, 1999, cargo ships of 1600 gross tons and 
upward are exempt from the radiotelegraph requirements of Part II of 
Title III of the Communications Act, if the following criteria are met:
    (1) The ship operates on domestic voyages only. For purposes of this 
paragraph, the term domestic voyages includes ports in Alaska, U.S. 
possessions in the Caribbean, and along the coasts of the 48 contiguous 
states, so long as the vessel does not make port at a foreign 
destination;
    (2) The routes of the voyage are never more than 150 nautical miles 
from the nearest land; and,
    (3) The ship complies fully with all of the following conditions. 
The ship must:
    (i) Be equipped with a satellite ship earth station providing both 
voice and telex, which has been type accepted for GMDSS use;
    (ii) Be equipped with a VHF and MF radiotelephone installation which 
complies fully with subpart R of this part

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and has the additional capability of operating on the HF frequencies 
listed in Sec. 80.369(b) for distress and safety communications (this 
capability may be added to the MF radiotelephone installation);
    (iii) Be equipped with a narrow-band direct-printing radiotelegraph 
system with SITOR meeting the requirements of Sec. 80.219;
    (iv) Be equipped with at least two VHF transceivers capable of being 
powered by the reserve power supply (one of the VHF transceivers may be 
the VHF required by paragraph (c)(3)(ii) of this section);
    (v) Be equipped with a Category 1, 406 MHz EPIRB meeting the 
requirements of Sec. 80.1061;
    (vi) Be equipped with a NAVTEX receiver meeting the requirements of 
Sec. 80.1101(c)(1);
    (vii) Be equipped with three two-way VHF radiotelephone apparatus 
and two radar transponders in accordance with Sec. 80.1095;
    (viii) In addition to the main power source, be equipped with an 
emergency power source which complies with all applicable rules and 
regulations of the U.S. Coast Guard (the satellite earth station, the 
narrow-band direct-printing equipment and the 500 kHz autoalarm receiver 
must be capable of being powered by the main and emergency power 
sources);
    (ix) Be equipped with a 500 kHz autoalarm receiver and a means of 
recording or decoding any distress signal received for relay to the 
Coast Guard or a public coast station;
    (x) Participate in the AMVER system when on voyages of more than 
twenty-four hours and have the capability of operating on at least four 
of the AMVER HF duplex channels;
    (xi) Carry at least one licensed operator to operate and maintain 
all the ship's distress and safety radio communications equipment in 
accordance with Secs. 80.159(c) and 80.169; and,
    (xii) Maintain a continuous watch on 2182 kHz and 156.8 MHz, in 
accordance with Sec. 80.305(b), when navigated.
    (d) Subject to a determination by the United States Coast Guard 
pursuant to Public Law No. 104-104, 110 Stat. 56 (1996) at Section 206, 
each U.S. passenger vessel and each U.S. cargo vessel of 1,600 gross 
tons and upward is exempt from the radiotelegraph provisions of part II 
of title III of the Communications Act, provided that the vessel 
complies fully with the requirements for the Global Maritime Distress & 
Safety System (GMDSS) contained in subpart W of this part and obtains 
either a Safety Certificate or endorsement as described in Sec. 80.1067.

    Note to paragraph (d): In a letter to the Commission, dated March 
13, 1996, the United States Coast Guard noted that it may rely on the 
Safety Certificate or endorsement described in Sec. 80.1067 as prima 
facie evidence that the GMDSS has been installed and found to be 
operating properly. The Coast Guard also stated that it retains the 
authority for ensuring overall vessel safety and compliance with all 
applicable domestic and international laws, regulations and treaties.

    (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  56 FR 19301 , Apr. 26, 1991; 
 60 FR 58244 , Nov. 27, 1995;  61 FR 19559 , May 2, 1996]

Subpart R--Compulsory Radiotelephone Installations for Vessels 300 Gross 
                                  Tons