TITLE 47 - TELECOMMUNICATION

CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION

SUBCHAPTER D - SAFETY AND SPECIAL RADIO SERVICES

PART 80 - STATIONS IN THE MARITIME SERVICES

subpart w - GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM (GMDSS)

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 meeting the requirements of 80.1101(c)(2).

  (ii) A MF or HF radiotelephone installation meeting the requirements of 80.1101(c)(3) and (4).

  (iii) A Category 1, 406.0406.1 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.

[51 FR 31213, Sept. 2, 1986, as amended at 68 FR 46975, Aug. 7, 2003]