---
kind: "section"
citation: "33 C.F.R. § 155.130"
title: "33"
number: "155.130"
heading: "Exemptions."
url: "https://uscodex.org/cfr/33/155.130"
---

# §155.130. Exemptions.

- (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](/cfr/33/subpartB.md) 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](/cfr/33/subpartB.md) 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](/cfr/33/subpartB.md) 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.

## Notes

### Amendments

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990; USCG-1998-3417, 73 FR 80648, Dec. 31, 2008]

### Source

Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise noted.

### Authority

Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1321(j), 1903(b), 2735; 46 U.S.C. 70011; 70034; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 01.4. Section 155.1020 also issued under section 316 of Pub. L. 114-120. Section 155.480 also issued under section 4110(b) of Pub. L. 101-380.

### Amendments

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990; USCG-1998-3417, 73 FR 80648, Dec. 31, 2008]