[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Proposed Rules]
[Pages 21151-21153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11612]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 80

[CI Docket No. 95-55, FCC 96-194]


Inspection of Radio Installations on Large Cargo and Small 
Passenger Ships

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has adopted a Notice of Proposed Rule Making 
(NPRM) which proposes rules to require that large cargo and small 
passenger vessels arrange for an inspection of such ships by an FCC-
licensed technician. The Commission adopted this NPRM to incorporate 
changes to the Communications Act related to the inspection of ships 
and to explore ways to improve the Commission's ship inspection 
process. The intended effect of these proposed rules is to increase the 
availability of competent, private sector inspectors to conduct 
inspections of cargo vessels and small passenger vessels required to be 
inspected by the Commission without adversely affecting safety and, 
thus, provide greater convenience for the maritime industry.

DATES: Comments must be filed on or before May 24, 1996, and reply 
comments must be filed on or before June 3, 1996. Written comments by 
the public and federal agencies on the proposed and/or modified 
information collections are due by May 24, 1996. Written comments by 
OMB on the proposed and/or modified information collections on or 
before July 8, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M Street, N.W., Washington, 
DC 20554, or via the Internet to [email protected], and to Timothy Fain, 
OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 
20503 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: George R. Dillon of the Compliance and 
Information Bureau at (202) 418-1100. For additional information 
concerning the information collections contained in this NPRM contact 
Dorothy Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, CI Docket No. 95-55, FCC 96-194, adopted April 
25, 1996, and released, April 26, 1996. 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

    This Notice of Proposed Rule Making (NPRM) was initiated to 
incorporate changes to the Communications Act related to the inspection 
of ships, to explore ways to improve the Commission's ship inspection 
process, to reduce administrative burdens on the public and the 
Commission, and to ensure that vessel safety is not adversely affected. 
Currently, the Commission inspects the radio installations of 
approximately 1,110 vessels each year subject to the Communications Act 
or the Safety Convention. The proposed rules will replace the 
requirement that the Commission inspect such ships with a requirement 
that ship owners or operators arrange for an inspection by an FCC-
licensed technician.

[[Page 21152]]

    2. Privatization will result in the following benefits:
    (a) It will increase the number of experienced entities available 
to inspect the radio stations of ships.
    (b) Privatization will permit ship owners and operators to arrange 
for inspections at any time or place.
    (c) Our proposal for privatization should not adversely affect 
safety, we are proposing rules that will require two separate 
certifications that the ship has passed the safety inspection. 
Additionally, we are coordinating this item with the U. S. Coast Guard.
    (d) It will also decrease administrative burdens on the Commission 
by shifting the responsibility to arrange ship inspections from the 
Commission to ship owners or operators.
    3. The Communications Act requires that the Commission must inspect 
the radio installation of large cargo ships and certain passenger ships 
of the United States at least once a year to ensure that the radio 
installation is in compliance with the requirements of the 
Communications Act. Additionally, the Communications Act requires that 
the Commission must inspect the radio installation of small passenger 
vessels as necessary to ensure compliance with the radio installation 
requirements of the Communications Act. Currently, the Commission 
inspects small passenger vessels once every five years.
    4. The Safety Convention, to which the United States is signatory 
and which applies to large cargo ships and certain passenger vessels, 
also requires an annual inspection. The Safety Convention, however, 
permits an Administration to entrust the inspections to either 
surveyors nominated for the purpose or to organizations recognized by 
it. The United States can, therefore, have either Commission inspectors 
or other entities conduct the radio station inspections of vessels for 
compliance with the Safety Convention.
    5. The purpose of these inspections is to ensure that passengers 
and crew members of certain U. S. ships have access to distress 
communications in an emergency. The 1996 Act adopted the statutory 
changes in this area requested by the Commission in 1995. In part, 
these changes permit the Commission to designate entities to perform 
the inspections required by the Communications Act. We are proposing a 
significant change to the current rules and procedures regarding safety 
inspections and request comment on these proposals.

Paperwork Reduction Act

    This NPRM contains either a proposed or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this NPRM, as required by the Paperwork Reduction Act of 
1995, Public Law 104-13. Public and agency comments are due at the same 
time as other comments on this NPRM; OMB notification of action is due 
July 8, 1996. Comments should address: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    OMB Approval Number: 3060-0362.
    Title: 80.401 Station documents required.
    Form No.: N/A.
    Type of Review: Revision of existing collection.
    Respondents: Large businesses and small businesses.
    Number of Respondents: 11,318.
    Estimated Time Per Response: 4.48 hours.
    Total Annual Burden: 44,478 hours.
    Estimated costs per respondent: There are no separate costs.
    Needs and Uses: The NPRM proposes to revise the Commission's Rules 
regarding the inspection of ships for compliance with the 
Telecommunications Act of 1996 and the International Convention for the 
Safety of Life at Sea, 1974 (Safety Convention). The NPRM will 
streamline ship inspection procedures for the maritime services and 
preserve maritime safety. The information collected will be used to 
provide a written record of the inspections of radio equipment used to 
provide distress and safety communications capability during an 
emergency. Because the safety of ship's crew and passengers during a 
disaster could be jeopardized if radio communications were not 
available, the Commission is proposing that the inspecting technician 
and the ship's owner, operator or captain each certify in the ship's 
station log that the vessel has passed a safety inspection.

Initial Regulatory Flexibility Analysis

    6. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
contained in this NPRM. We request written public comment on the IRFA, 
which follows. Comments must have a separate and distinct heading 
designating them as responses to the IRFA and must be filed by the 
deadlines provided in paragraph 19 of the NPRM. The Secretary shall 
send a copy of this NPRM, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with 
paragraph 603(a) of the Regulatory Flexibility Act. Public Law 96-354, 
94 Stat. 1164, 5 U.S.C. 601-612 (1981).

A. Reason for Action

    7. The Commission proposes to require that ships subject to the 
Communications Act or the Safety Convention must have the required 
inspection conducted by an FCC-licensed technician.

B. Objectives

    8. We seek 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.

C. Legal Basis

    9. 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 Safety 
Convention Chapter I, Regulation 6(a).

D. Reporting, Recordkeeping and Other Compliance Requirements

    10. Our proposed amendments to 47 CFR 80.802, 80.851, 80.903 and 
80.1067 would require owners and operators of vessels subject to the 
Communications Act to use an FCC-licensed technician to meet a current 
inspection requirement.

E. Federal Rules Which Overlap, Duplicate or Conflict with These Rules

    11. None.

F. Description, Potential Impact, and Small Entities Involved

    12. Use of the private sector to inspect vessels subject to the 
Communications Act or the Safety Convention would allow better service 
to the owners and operators of such vessels, many of which are small 
businesses, and more efficient use of scarce government resources. It 
would additionally

[[Page 21153]]

encourage the creation of jobs to inspect approximately 1,110 vessels 
each year.

G. Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent with the Stated Objectives

    13. None.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies)

47 CFR Part 80

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-11612 Filed 5-8-96; 8:45 am]
BILLING CODE 6712-01-P