The Commandant (CG-5) 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.