[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29535-29537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13491]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 80

[CI Docket No. 95-54, FCC 95-170]


Inspection of Great Lakes Agreement Ships

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has adopted a Notice of Proposed Rule Making 
which proposes rules to allow vessel operators on the Great Lakes 
subject to the annual inspection requirements of the Agreement between 
the United States and Canada for the Promotion of Safety on the Great 
Lakes by Means of Radio (Great Lakes Agreement) to have the inspection 
performed by a classification society instead of by Commission staff.

DATES: Comments must be filed on or before July 18, 1995, and reply 
comments must be filed on or before August 17, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
George R. Dillon of the Compliance and Information Bureau at (202) 418-
1100.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, CI Docket No. 95-54, FCC 95-170, adopted April 
24, 1995, and released, May 16, 1995. The full text of this Notice of 
Proposed Rule Making is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239) 1919 M 
Street, NW, Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Services, 
2100 M Street NW, Washington, DC 20037, telephone (202) 857-3800.

Summary of Notice of Proposed Rule Making

    1. In this Notice of Proposed Rule Making (Notice), we propose to 
allow owners and operators of ships subject to the annual inspection 
requirements of the Agreement between the United States and Canada for 
the Promotion of Safety on the Great Lakes by Means of Radio (Great 
Lakes Agreement) to have the inspection performed by a private sector 
classification society instead of by Commission staff. The proposed 
changes would reduce economic burdens on the public and the Commission 
by allowing mariners to arrange for an inspection at their convenience. 
Because of our concern that maritime safety on the Great Lakes not be 
compromised by this action, we are also proposing a joint study to be 
conducted with the United States Coast Guard and the Canadian Coast 
Guard on the effect of this proposal. Further, we are requesting 
specific comment on whether we should permit other designated private 
sector entities or persons to perform such inspections.
    2. The Great Lakes Agreement is intended to promote safety of life 
and property on the Great Lakes by means of radio. It dates back to 
1952 and requires, among other things, that all vessels over 20 meters 
(65 feet), most towing vessels, and vessels carrying more than six 
passengers for hire be equipped with a marine VHF radiotelephone 
installation. The Great Lakes Agreement requires that these 
installations be inspected at least once each year. The Great Lakes 
Agreement requires that the inspections be carried out by officers of 
the Contracting Governments or by either persons nominated for that 
purpose or organizations recognized by the Contracting Government. In 
other words, the Great Lakes Agreement provides specific authority 
allowing the United States to entrust the annual inspection to either 
persons or organizations other than the Commission. Presently, however, 
the Commission's Rules do not permit a Great Lakes Agreement inspection 
to be conducted by anyone other than Commission staff.
    3. Additionally, the Great Lakes Agreement requires that these 
vessels be inspected while the vessel is in active service or within 
one month before the date the vessel is placed in service. Because 
almost all vessels on the Great Lakes must be taken out of service over 
the winter and operators do not wish to interrupt shipping schedules 
after the shipping season begins, there is a very busy period in the 
spring when these vessels are being put back in service.
    4. The Commission inspects approximately 490 vessels subject to the 
Great Lakes Agreement each year. Commission inspectors test the 
outpower, frequency tolerance and availability of reserve power, and 
conduct an operational radio check of the radiotelephone installation 
during the inspection. Any failure of these critical items results in 
the vessel failing the annual inspection and not receiving a safety 
certificate until the failure is corrected. An integral part of the 
annual inspection is to examine the connecting transmission lines, 
electrical cabling and control circuitry that makeup the entire 
radiotelephone installation to ensure that the individual components 
operate satisfactorily when connected together.
    5. Although the inspections are relatively simple and generally 
take no more than an hour to complete, they are conducted to ensure 
that Great Lakes Agreement ships have a reliable means of distress 
communications in an emergency. We note, however, that improvements in 
the reliability of radiotelephone equipment and the industry practice 
of preinspection examinations have resulted in an inspection failure 
rate for Great Lakes Agreement vessels of only one per cent.
    6. The International Maritime Organization (IMO) has adopted a 
resolution setting forth the minimum standards for nongovernment 
organizations that conduct inspections on behalf of an administration, 
IMO Assembly Resolution A.739(18), Appendix 1, ``Minimum Standards for 
Recognized Organizations Acting on Behalf of the Administration.'' 
There are more than 40 Classification societies worldwide that inspect 
passenger and cargo vessels for compliance with the myriad of domestic 
and international regulations that vessels must comply with before 
leaving port. Additionally, 11 classification societies are members of 
the International Association of Classification Societies (IACS). The 
IACS grants membership status to classification societies that meet the 
IACS's Quality System Certification Scheme. The use of classification 
societies to conduct inspections on behalf of an administration is 
widespread. The United States, for example, is statutorily required to 
use the American Bureau of Shipping, or a similar United States 
classification society, to class vessels owned by the Federal 
Government. Additionally, some of IACS' members operate in the United 
States.

    [[Page 29536]] 7. We propose, therefore, to permit any United 
States ship subject to the Great Lakes Agreement to arrange for an 
inspection of the radiotelephone installation by a classification 
society that is a member of the IACS, such as the American Bureau of 
Shipping. We further propose that the classification society issue a 
radiotelephone certificate on behalf of the Commission to the ship upon 
successful completion of the inspection. Because the Commission is 
ultimately responsible for guaranteeing that an inspection meets the 
requirements of the Great Lakes Agreement inspection we request 
specific comment on safety related questions posed in this proposal.
    We believe in the principle that government should be responsive to 
user needs and began this proceeding to promote flexibility, remove 
unnecessary and inimical regulations and, most importantly, provide 
better service to the public. In a companion Notice of Inquiry, we are 
requesting comments on how inspections of large cargo vessels and small 
passenger vessels can be streamlined to better serve the public and to 
make government operations more efficient. We are proposing a 
significant change to the current rules and procedures regarding safety 
inspections and request comment on these proposals.
Initial Regulatory Flexibility Analysis

Reason for Action

    The Commission proposes to permit ships subject to the Great Lakes 
Agreement to have the annual inspection conducted by a classification 
society.

Objectives

    The Commission seeks to: promote efficiency in the Commission's 
service to the public and to encourage the use of private sector 
organizations to take over government operations wherever possible.

Legal Basis

    The proposed action is authorized under Sections 4(i) and 303(r) of 
the Communications Act, 47 U.S.C. 154(i) and 303(r), and the Great 
Lakes Agreement, Article XII.

Reporting, Recordkeeping and Other Compliance Requirements

    Our proposed amendment to 47 CFR 80.953 would permit owners and 
operators of vessels subject to the Great Lakes Agreement to use a 
classification society to meet a current annual inspection requirement.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

    None.

Description, Potential Impact, and Small Entities Involved

    Use of private sector classification societies to inspect Great 
Lakes Agreement vessels would allow better service to the owners and 
operators of such vessels, many which are small businesses, and more 
efficient use of scarce government resources. It would additionally 
encourage the creation of jobs to inspect approximately 490 vessels 
each year.

Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent With the Stated Objectives

    None.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 80

    Communciations equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rules

    Chapter I of title 47 of the Code of Federal Regulations, parts 0 
and 80 are proposed to be amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. The undesignated center heading preceding Secs. 0.311, 0.314 and 
0.317 is revised to read as follows:

Compliance and Information Bureau

    2a. Section 0.311 is amended by revising paragraph (f) to read as 
follows:


Sec. 0.311  Authority delegated.

* * * * *
    (f) The Chief of the Compliance and Information Bureau is 
authorized to rely on reports, documents and certificates issued by the 
American Bureau of Shipping or any other classification society that is 
a member of the International Association of Classification Societies 
to conduct radio inspections of vessels and to issue certificates in 
accordance with Regulations 11, 12 and 13 of the Great Lakes Agreement. 
The Chief, Compliance and Information Bureau is further authorized to 
delegate this authority.
* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

    3. The authority citation for part 80 continues to read a follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat. 
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST 
3450, 3 UST 4726, 12 UST 2377.

    4. Section 80.5 is amended by adding in alphabetical order the 
following definitions:


Sec. 80.5 Definitions.

* * * * *
    Classification society. A non-profit organization formed to conduct 
vessel inspections that is affiliated or associated with a particular 
administration.
* * * * *
    International Association of Classification Societies (IACS). An 
association representing classification societies.
* * * * *
    5. Section 80.59 is amended by revising the heading, paragraphs (a) 
introductory text and (a)(1), removing paragraph (a)(2), redesignating 
paragraph (b) as (a)(2), and adding a new paragraph (b) to read as 
follows:


Sec. 80.59  Compulsory ship inspections.

    (a) Application for inspection and certification by the FCC. An 
application for inspection and certification and documentation that the 
appropriate inspection fees have been paid, must be submitted to the 
FCC field office serving the port where the ship is to be inspected at 
least three days before the proposed inspection date.
    (1) FCC Form 801 must be used to apply for a ship radio inspection 
on board ships subject to Part II or Part III of Title III of the 
Communications Act or the Safety Convention. Applications for Great 
Lakes Agreement inspections must state the reason why a classification 
society could not inspect the vessel.
* * * * *
    (b) Application for inspection and certification by a 
classification society. An inspection of a ship radio station and 
certification of a ship subject to the Great Lakes Agreement may be 
made by a classification society that is a member of the IACS or by the 
FCC.
* * * * * [[Page 29537]] 
    6. Section 80.953 is amended by redesignating the text as paragraph 
(a), revising the first sentence of paragraph (a), removing the second 
sentence of paragraph (a) and adding a new paragraph (b) to read as 
follows:


Sec. 80.953  Inspection and certification.

    (a) Each U.S. flag vessel subject to the Great Lakes Agreement must 
have an inspection of the required radiotelephone installation at least 
once every 13 months. * * *
    (b) This inspection may be conducted by the FCC or by a 
classification society that is a member of the International 
Association of Classification Societies (IACS). A certificate issued by 
a classification society has the same standing as one issued by the 
FCC.

[FR Doc. 95-13491 Filed 6-2-95; 8:45 am]
BILLING CODE 6712-01-M