47 U.S.C. § 352 — Exemptions

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 679 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section exempts certain ships from radio safety rules, like warships and vessels in tow. The Commission can also exempt short-route passenger or cargo ships, small vessels, and sailing ships. Ships with unexpected equipment failures get extra leeway to reach a repair port.

(a) This part's radio rules don't apply to: (1) a warship; (2) a U.S. government-owned ship (except certain Maritime Administration, inland/coastwise, or Panama Canal Company ships); (3) a foreign ship from a country bound by a Safety Convention with the U.S., if the ship has a valid certificate exempting it from the Convention's radio rules, or already meets those rules and has a certificate saying so, or isn't covered by any such Convention's radio rules; (4) yachts under 600 gross tons not covered by the Safety Convention's radio rules; (5) vessels being towed; (6) ships that only travel on U.S. bays, sounds, rivers, or other protected waters (or that leave a U.S. port only for such a trip); (7) ships that only travel the Great Lakes and the St. Lawrence River up to a specific line near Anticosti Island (or that leave a U.S. port only for such a trip); and (8) ships that travel both the Great Lakes and the open sea, while they're actually within the Great Lakes and connected waters as far as the Saint Lambert lock near Montreal. (b) Except for nuclear ships, the Commission can exempt other ships if it decides a radio station is unreasonable or unnecessary for their route or situation. This covers: (1) passenger ships that never go more than 20 nautical miles from land, or more than 200 nautical miles between two ports; (2) cargo ships that never go more than 150 nautical miles from land; (3) passenger vessels under 100 gross tons not covered by the Safety Convention's radio rules; and (4) sailing ships. (c) If unforeseeable equipment failure keeps a ship from meeting the equipment rules without a big delay, the mileage limits in (b)(1) and (2) don't block an exemption -- as long as the exemption is otherwise reasonable or necessary under (b), so the ship can reach a port to fix the equipment. (d) Except for nuclear ships, and except for ships of 5,000+ gross tons covered by the Safety Convention, the Commission can exempt a ship from radio direction-finding equipment rules -- under this part and the Safety Convention -- if the ship fits one of the categories in (b)(1)-(4) and the Commission finds the equipment unreasonable or unnecessary for its route or situation.

the actual law source: uscode.house.gov ↗public domain

(a) Vessels excepted

The provisions of this part shall not apply to—

(1)

A ship of war;

(2)

A ship of the United States belonging to and operated by the Government, except a ship of the Maritime Administration of the Department of Transportation, the Inland and Coastwise Waterways Service, or the Panama Canal Company;

(3)

A foreign ship belonging to a country which is a party to any Safety Convention in force between the United States and that country which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or Regulations and has on board a valid certificate to that effect, or which ship is not subject to the radio provisions of any such Convention;

(4)

Yachts of less than six hundred gross tons not subject to the radio provisions of the Safety Convention;

(5)

Vessels in tow;

(6)

A ship navigating solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States;

(7)

A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the sixty-third meridian, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on such waters and within such area;

(8)

A ship which is navigated during the course of a voyage both on the Great Lakes of North America and in the open sea, during the period while such ship is being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert lock at Montreal in the Province of Quebec, Canada.

(b) Radio station unreasonable or unnecessary

Except for nuclear ships, the Commission may, if it considers that the route or the conditions of the voyage or other circumstances are such as to render a radio station unreasonable or unnecessary for the purposes of this part, exempt from the provisions of this part any ship or class of ships which falls within any of the following descriptions:

(1)

Passenger ships which in the course of their voyage do not go more than twenty nautical miles from the nearest land or, alternatively, do not go more than two hundred nautical miles between two consecutive ports;

(2)

Cargo ships which in the course of their voyage do not go more than one hundred and fifty nautical miles from the nearest land;

(3)

Passenger vessels of less than one hundred gross tons not subject to the radio provisions of the Safety Convention;

(4)

Sailing ships.

If, because of unforeseeable failure of equipment, a ship is unable to comply with the equipment requirements of this part without undue delay of the ship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b) shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) to permit the ship to proceed to a port where the equipment deficiency may be remedied.

(d) Radio direction finding apparatus unreasonable or unnecessary

Except for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Commission may exempt from the requirements, for radio direction finding apparatus, of this part and of the Safety Convention, any ship which falls within the descriptions set forth in paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that the route or conditions of the voyage or other circumstances are such as to render such apparatus unreasonable or unnecessary.

Source credit: (June 19, 1934, ch. 652, title III, § 352, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 192; amended Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038; Aug. 13, 1954, ch. 729, § 1(b), (c), 68 Stat. 705; Pub. L. 89–121, § 3, Aug. 13, 1965, 79 Stat. 512; Pub. L. 97–31, § 12(151), Aug. 6, 1981, 95 Stat. 167.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 50 Stat. 192
1950Amended · Act of Sept. 26, 1950, ch. 1049 · 64 Stat. 1038
1954Amended · Act of Aug. 13, 1954, ch. 729 · 68 Stat. 705
1965Amended · Pub. L. 89-121 · 79 Stat. 512
1981Amended · Pub. L. 97-31 · 95 Stat. 167

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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