The Commandant (CG-5P) may recommend that MARAD allow an exemption if he or she determines that:
(a) Compliance with the requirement would be contrary to public interest;
(b) Compliance with the requirement would not enhance safety or the health of the environment;
(c) Compliance with the requirement is not practical because of local conditions or because the materials or personnel needed for compliance are unavailable;
(d) National security or national economy justifies a departure from the rules; or
(e) The alternative, if any, proposed in the petition would:
(1) Ensure comparable or greater safety, protection of the environment, and quality of deepwater port construction, maintenance, and operation; and
(2) Be consistent with recognized principles of international law.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39178, July 1, 2013]