---
kind: "section"
citation: "33 C.F.R. § 83.38"
title: "33"
number: "83.38"
heading: "Exemptions (Rule 38)."
url: "https://uscodex.org/cfr/33/83.38"
---

# §83.38. Exemptions (Rule 38).


Any vessel or class of vessels, the keel of which was laid or which was at a corresponding stage of construction before December 24, 1980, provided that she complies with the requirements of—

- (a) **The Act of June 7, 1897 (30 Stat.** 96), as amended ([33 U.S.C. 154-232](/usc/33/154-232.md)) for vessels navigating the waters subject to that statute;
- (b) Section 4233 of the Revised Statutes ([33 U.S.C. 301-356](/usc/33/301-356.md)) for vessels navigating the waters subject to that statute;
- (c) **The Act of February 8, 1895 (28 Stat.** 645), as amended ([33 U.S.C. 241-295](/usc/33/241-295.md)) for vessels navigating the waters subject to that statute; or
- (d) **Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat.** 163), as amended ([46 U.S.C. 526b](/usc/46/526b.md), c, and d) for motorboats navigating the waters subject to that statute, shall be exempted from compliance with the technical Annexes to these Rules (33 CFR parts [84](/cfr/33/part84.md) through [88](/cfr/33/part88.md)) as follows:
- (i) The installation of lights with ranges prescribed in [Rule 22](/cfr/33/22.md) ([§ 83.22](/cfr/33/83.22.md)), vessels of less than 20 meters in length are permanently exempt.
- (ii) The installation of lights with color specifications as prescribed in Annex I to these Rules ([33 CFR part 84](/cfr/33/part84.md)), vessels of less than 20 meters in length are permanently exempt.
- (iii) The repositioning of lights as a result of conversion to metric units and rounding off measurement figures are permanently exempt.
- (iv) The horizontal repositioning of masthead lights prescribed by Annex I to these Rules ([33 CFR part 84](/cfr/33/part84.md)), vessels of less than 150 meters in length are permanently exempt; and
- (v) Power-driven vessels of 12 meters or more but less than 20 meters in length are permanently exempt from the provisions of Rule [23(a)(i)](/cfr/33/23.md?p=a-i) and [(iv)](/cfr/33/23.md?p=a-iv) (§ [83.23(a)(i)](/cfr/33/83.23.md?p=a-i) and [(iv)](/cfr/33/83.23.md?p=a-iv)) provided that, in place of these lights, the vessel exhibits a white light aft visible all-round the horizon.

## Notes

### Authority

Authority: 33 U.S.C. 2071; DHS Delegation No. 00170.1, Revision No. 01.3.

### Source

Source: USCG-2012-0102, 79 FR 37912, July 2, 2014, unless otherwise noted.