33 CFR §155.130
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The Commandant grants an exemption or partial exemption from compliance with any requirement in this part if:
- (1)A ship operator submits a written request for an exemption via the COTP or OCMI thirty (30) days before operations under the exemption are proposed unless the COTP or OCMI authorizes a shorter time; and
- (2)It is determined from the request that:
- (i)Compliance with a specific requirement is economically or physically impractical;
- (ii)No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of protection from pollution; and
- (iii)The likelihood of discharges occurring as a result of the exemption is minimal.
- (b)If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and the reasons for the exemption and proposed procedures, methods, or equipment standards.
- (c)The exemption may specify the procedures, methods, or equipment standards that will apply.
- (d)An oceangoing ship is not given an exemption from the requirements of subpart B of this part unless the ship is a hydrofoil, air cushion vehicle or other new type of ship (near-surface craft, submarine craft, etc.) whose constructional features are such as to render the application of any of the provisions of subpart B relating to construction and equipment unreasonable or impractical. The construction and equipment of the ship must provide protection equivalent to that afforded by subpart B of this part against pollution, having regard to the service for which the ship is intended.
- (e)An exemption is granted or denied in writing. The decision of the Commandant is a final agency action.