[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19558-19560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10851]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80

[FCC 96-156]


Conforming the Maritime Service Rules to the Provisions of the 
Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This action amends the maritime service rules, consistent with 
the statutory mandate of the 1996 Telecommunications Act, to eliminate 
the radiotelegraph carriage requirement for vessels equipped in 
accordance with the Global Maritime Distress and Safety System (GMDSS). 
The effect of this rule is to reduce economic burdens for vessel 
operators and increase safety at sea by promoting the carriage of GMDSS 
radio installations.

EFFECTIVE DATE: June 3, 1996.

FOR FURTHER INFORMATION CONTACT: Roger Noel of the Commission's 
Wireless Telecommunications Bureau at (202) 418-0680 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 96-156, adopted April 5, 1996, and released April 12, 1996. The 
full text of this Order 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, ITS, Inc., 2100 M Street NW., Suite 140, 
Washington, DC 20037, telephone (202) 857-3800.

Summary of Order

    1. Prior to the enactment of the Telecommunications Act of 1996, 
Section 351 of the Communications Act required passenger vessels and 
large cargo vessels to be equipped with a manual Morse code 
radiotelegraph installation when navigating in the open sea or on 
international voyages. In 1988, the international maritime community 
agreed to replace the radiotelegraph as the required installation with 
the GMDSS--an automated ship-shore distress and safety radio 
communications system that relies on satellites and advanced 
terrestrial systems. Accordingly, in the Report and

[[Page 19559]]

Order in PR Docket No. 90-480, 57 FR 9063 (March 16, 1992), the 
Commission adopted rules implementing the new international GMDSS 
requirements in Part 80 of the Rules. Under the rules, vessels were 
required to meet certain minimum equipment-carriage implementation 
dates and were given the option to fully comply with the GMDSS prior to 
the February 1, 1999 international deadline. The Report and Order, 
however, did not relieve the requirement for compulsory vessels 
carrying GMDSS equipment from Section 351's requirement to carry 
radiotelegraph installations. Thus, compulsory vessels complying with 
the implementation dates, as well as vessels in full compliance prior 
to the international deadline, were required to carry components of two 
distinct safety systems, each with designated radio operators.
    2. Section 206 of the Telecommunications Act of 1996 eliminates the 
radiotelegraph carriage requirement for each GMDSS-equipped vessel, so 
long as the U.S. Coast Guard determines that each vessel has the GMDSS 
equipment installed and in good working condition. Thus, this Order 
provides a general exemption from the radiotelegraph requirements of 
part II of title III of the Communications Act for GMDSS-equipped 
vessels that obtain a Safety Certificate or endorsement from the 
Commission or its designee. The U.S. Coast Guard has informed the 
Commission that it intends to interpret the Safety Certificate or 
endorsement as prima facie evidence that each vessel has the GMDSS 
equipment installed and in good working condition.
    3. This rule is necessary in order to make our rules consistent 
with the requirements of the 1996 Telecommunications Act. Additionally, 
this action reduces regulatory burdens on vessel owners and eliminates 
economic disincentives associated with the installation of GMDSS 
equipment prior to the international deadline. Further, this action 
increases safety of life at sea by ensuring that reliable distress 
alerting and communications equipment, compatible with that of the 
international shipping fleet, may be installed on large oceangoing 
vessels.
    5. This Order is issued under the authority of sections 4(i) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) 
and 303(r).

List of Subjects in 47 CFR Part 80

    Communications equipment, Marine Safety, Radio, Telegraph, Vessels.

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

Final Rule

    Part 80 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

    1. The authority citation for Part 80 continues to read as 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.

    2. Section 80.836 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding new paragraph 
(d) to read as follows:


Sec. 80.836  General exemptions.

* * * * *
    (c) Prior to February 1, 1999, cargo ships of 1600 gross tons and 
upward are exempt from the radiotelegraph requirements of Part II of 
Title III of the Communications Act, if the following criteria are met:
    (1) The ship operates on domestic voyages only. For purposes of 
this paragraph, the term domestic voyages includes ports in Alaska, 
U.S. possessions in the Caribbean, and along the coasts of the 48 
contiguous states, so long as the vessel does not make port at a 
foreign destination;
    (2) The routes of the voyage are never more than 150 nautical miles 
from the nearest land; and,
    (3) The ship complies fully with all of the following conditions. 
The ship must:
    (i) Be equipped with a satellite ship earth station providing both 
voice and telex, which has been type accepted for GMDSS use;
    (ii) Be equipped with a VHF and MF radiotelephone installation 
which complies fully with subpart R of this part and has the additional 
capability of operating on the HF frequencies listed in Sec. 80.369(b) 
for distress and safety communications (this capability may be added to 
the MF radiotelephone installation);
    (iii) Be equipped with a narrow-band direct-printing radiotelegraph 
system with SITOR meeting the requirements of Sec. 80.219;
    (iv) Be equipped with at least two VHF transceivers capable of 
being powered by the reserve power supply (one of the VHF transceivers 
may be the VHF required by paragraph (c)(3)(ii) of this section);
    (v) Be equipped with a Category 1, 406 MHz EPIRB meeting the 
requirements of Sec. 80.1061;
    (vi) Be equipped with a NAVTEX receiver meeting the requirements of 
Sec. 80.1101(c)(1);
    (vii) Be equipped with three two-way VHF radiotelephone apparatus 
and two radar transponders in accordance with Sec. 80.1095;
    (viii) In addition to the main power source, be equipped with an 
emergency power source which complies with all applicable rules and 
regulations of the U.S. Coast Guard (the satellite earth station, the 
narrow-band direct-printing equipment and the 500 kHz autoalarm 
receiver must be capable of being powered by the main and emergency 
power sources);
    (ix) Be equipped with a 500 kHz autoalarm receiver and a means of 
recording or decoding any distress signal received for relay to the 
Coast Guard or a public coast station;
    (x) Participate in the AMVER system when on voyages of more than 
twenty-four hours and have the capability of operating on at least four 
of the AMVER HF duplex channels;
    (xi) Carry at least one licensed operator to operate and maintain 
all the ship's distress and safety radio communications equipment in 
accordance with Secs. 80.159(c) and 80.169; and,
    (xii) Maintain a continuous watch on 2182 kHz and 156.8 MHz, in 
accordance with Sec. 80.305(b), when navigated.
    (d) Subject to a determination by the United States Coast Guard 
pursuant to Public Law No. 104-104, 110 Stat. 56 (1996) at Section 206, 
each U.S. passenger vessel and each U.S. cargo vessel of 1,600 gross 
tons and upward is exempt from the radiotelegraph provisions of part II 
of title III of the Communications Act, provided that the vessel 
complies fully with the requirements for the Global Maritime Distress & 
Safety System (GMDSS) contained in subpart W of this part and obtains 
either a Safety Certificate or endorsement as described in 
Sec. 80.1067.
    Note to paragraph (d): In a letter to the Commission, dated March 
13, 1996, the United States Coast Guard noted that it may rely on the 
Safety Certificate or endorsement described in Sec. 80.1067 as prima 
facie evidence that the GMDSS has been installed and found to be 
operating properly. The Coast Guard also stated that it retains the 
authority for ensuring overall vessel safety and compliance with all 
applicable domestic

[[Page 19560]]

and international laws, regulations and treaties.
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[FR Doc. 96-10851 Filed 5-1-96; 8:45 am]
BILLING CODE 6712-01-P