[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29656-29660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13463]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, and 80
[CI Docket No. 95-55, FCC 98-75]
Inspection of Radio Installations on Large Cargo and Small
Passenger Ships
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has adopted a Report and Order (R & O) which
requires that large cargo vessels and small passenger ships arrange for
an inspection of such ships by an FCC-licensed technician. The
Commission adopted this R & O to incorporate changes to the
Communications Act related to the inspection of ships and to improve
the Commission's ship inspection process. These rules should 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.
EFFECTIVE DATE: July 1, 1998.
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 Report
and Order, CI Docket No. 95-55, FCC 98-75, adopted April 20, 1998, and
released, May 1, 1998. The full text of this Report and 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, International Transcription Services, 1231 20th St. NW,
Washington, DC 20036, telephone (202) 857-3800.
Summary of Report and Order
The Commission proposed rules in a Notice of Proposed Rule Making
(Notice), CI Docket 95-55, 61 FR 21151, May 9, 1996, that changed the
way in which the Commission inspected large cargo vessels and small
passenger ships. This Report and Order (R&O) incorporates changes to
the Communications Act related to the inspection of ships, improves the
Commission's ship inspection process, reduces administrative burdens on
the public and the Commission, and provides continued Commission
oversight 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 amended 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.
2. Comments. We received 19 comments and 2 reply comments in
response to the Notice. Most commenters supported the Commission's
efforts to streamline the inspections of ships and provide faster
service to the public. Two commenters opposed the proposal citing
concerns about safety as reason not to permit privatization. The Coast
Guard supported the Commission's efforts to streamline government
regulation and reduce the regulatory burden on the maritime industry.
The United States Coast Guard (Coast Guard) states that it fully
supports the Commission's efforts to streamline government regulation
and reduce the regulatory burden on the maritime industry wherever
these efforts are consistent with the maintenance of a high level of
safety. The Coast Guard notes that it has
[[Page 29657]]
undertaken a similar delegation for some of its commercial ship
inspections--the alternative compliance program (ACP)--and asked that
the Commission give due consideration to aligning its delegation
approach to that chosen by the Coast Guard.
3. The Coast Guard also provided specific comments to questions
raised in the Notice regarding the qualifications of FCC-licensed
technicians. The Coast Guard states that while it supports the minimum
licensing requirements proposed it does not appear the prerequisite for
licensing incorporates any training or demonstration of qualifications
in the actual conduct of safety inspections or in the skills necessary
to maintain or operate the equipment. Several commenters support our
proposal regarding the qualifications of technicians. Sea-Land Service,
Inc. (Sea-Land), an operator of U.S. flag container ships, states that
the qualifications required for the GMDSS maintainers license ensure
that individuals inspecting the ships will have a demonstrated
knowledge of the operational and technical requirements of the (radio)
installation being inspected and that the system is being properly
repaired, maintained and operated. Sea-Land states that it has
experienced problems with FCC inspector availability due to the
constraints of tight operating schedules and short port stays and the
proposed rules will alleviate that problem.
4. The American Institute of Merchant Shipping, now the United
States Chamber of Shipping (USCS), filed comments and reply comments.
USCS notes that it represents 20 U.S. based companies which own or
operate over ten million deadweight tons of U. S. flag tankers and
liners, which USCS stated is a majority of U. S. flag tanker and liner
tonnage. USCS contends that the proposed changes will increase the
number of experienced entities available to conduct inspections and
will allow it increased flexibility in arranging inspections. USCS also
states that the Masters of ships that it represents will ensure that
GMDSS equipment will operate safely before leaving every port and that
it is, thus, appropriate that the Master should certify the completion
of the annual inspection. In reply comments, USCS reiterated its
position that the shipowner is the final inspector whether the
equipment has been inspected by a GMDSS maintainer, installed by a
vendor, looked at by a radio officer or even inspected by the FCC.
5. The Passenger Vessel Association states that the proposed
regulations meet the needs of safety and that the FCC's current
licensing system insures that FCC-licensed technicians have adequate
knowledge for the inspection activity proposed. The National Marine
Electronics Association (NMEA) states that the proposal to use private
sector inspectors enlarges the field of qualified inspectors and
permits ship owners and operators to arrange for inspections at their
convenience. NMEA notes that because FCC-licensed technicians are
called in advance to evaluate the equipment prior to the inspection the
vessel's owner will save time and money by having the same person do
both jobs. Finally, the Coast Guard suggested that the Commission
maintain oversight of the ship inspection program because of safety
concerns.
6. Because these inspections are conducted to ensure that ships
have reliable distress communications capability we are incorporating
the Coast Guard's suggestions. Further, we believe that 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) Privatization should not adversely affect safety, we are
adopting 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.
7. 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.
8. 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.
9. 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
adopting a significant change to the current rules and procedures
regarding safety inspections. As a result, we are incorporating the
Coast Guard's suggestions that we maintain oversight of the ship
inspection process and will inspect a random sample of subject ships
each year. We have also concluded that it is important to the integrity
of this ship inspection program that the inspectors be independent of
the vessel owners and operators. We are, therefore, providing that the
vessel's owner, operator, master, employees or their affiliates may not
conduct the required inspections. Finally, we will vigorously enforce
these rules and take all appropriate steps available to us in the event
of violations that affect ship safety.
Final Regulatory Flexibility Analysis
10. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared a Final Regulatory Flexibility Analysis of
the expected impact on small entities of the rules adopted in this
Report and Order.
11. Need for and purpose of this action. The rules we adopt in this
proceeding will require the owners and operators of large cargo
vessels, passenger vessels, and small passenger vessels to arrange for
an inspection by an FCC-licensed operator instead of requiring that all
inspections be conducted by FCC personnel. This change will improve the
speed and convenience of service to the owners and operators of such
vessels, many of which are small businesses and will conserve scarce
government resources.
12. Summary of the issues raised by the public comments in response
to the Initial Regulatory Flexibility Analysis. There were no comments
submitted in response to the Initial Regulatory Flexibility Analysis.
13. Significant alternatives considered. We initially considered
limiting the inspection of subject vessels to classification societies.
Commenters
[[Page 29658]]
overwhelmingly opposed limiting the inspections solely to
classification societies in response to the NOI and suggested that we
permit anyone with an FCC license to inspect the vessels. The United
States Coast Guard suggested that we maintain oversight of the ship
inspection process. We agree and are incorporating a random inspection
process.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedures.
47 CFR Part 80
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Chapter I of Title 47 of the Code of Federal Regulations, Parts 0,
1 and 80, are amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.311 is amended by redesignating paragraph (i) as
(i)(1) and adding a new paragraph (i)(2) to read as follows:
Sec. 0.311 Authority delegated.
* * * * *
(i)(1) * * *
(2) The Chief of the Compliance and Information Bureau is
authorized to rely on reports, documents, or log entries made by the
holder of an FCC license or Certificate--detailed in Sec. 80.59 of this
Chapter--as certification that a U.S. vessel required to be equipped
with a radio installation and inspected by the Commission or an entity
designated by the Commission, under the Safety Convention or subparts
Q, R, S, U, or W of part 80 of this chapter meets such inspection
requirements. The Chief, Compliance and Information Bureau is further
authorized to delegate this authority.
3. Section 0.314 is amended by revising paragraphs (e)(1) and (j)
to read as follows:
Sec. 0.314 Additional authority delegated.
* * * * *
(e)(1) For periodic survey as required by section 385 of the
Communications Act of 1934, as amended by the Telecommunications Act of
1996, and issuance of Communications Act radiotelephony certificates in
accordance with Sec. 80.903 of this chapter. The District Director or
Resident Agent will require that the inspection be conducted by an FCC-
licensed technician holding an appropriate class of FCC license in
accordance with Sec. 80.59 of this chapter.
* * * * *
(j) For ship radio inspection and certification of the ship radio
license, pursuant to the requirements of Section 362(b) and 385 of the
Communications Act of 1934 as amended by the Telecommunications Act of
1996. The District Director or Resident Agent will require that the
inspection be conducted by an FCC-licensed technician holding an
appropriate class of FCC license in accordance with Sec. 80.59 of this
chapter.
* * * * *
PART 1--PRACTICE AND PROCEDURE
4. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225 and 303(r).
5. Section 1.1103 is amended by removing the four entries for
``801'' under the header titled `` FCC Form No.'' and replacing them
with ``159 and corres.''
PART 80--STATIONS IN THE MARITIME SERVICES
6. 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 and 307(e) 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.
7. Section 80.5 is amended by revising the definitions of Cargo
ship safety radio-telegraphy certificate and Cargo ship safety
radioletelphony certificate and adding a definition of Cargo ship
safety radio certificate to read as follows:
Sec. 80.5 Definitions.
* * * * *
Cargo ship safety radio certificate. A certificate issued after a
ship passes an inspection of the required radiotelegraph,
radiotelephone or GMDSS radio installation. Issuance of this
certificate indicates that the vessel complies with the Communications
Act and the Safety Convention.
Cargo ship safety radiotelegraphy certificate. A certificate issued
after a ship passes an inspection of a radiotelegraph installation.
Issuance of this certificate indicates that the vessel complies with
the Communications Act and the Safety Convention.
Cargo ship safety radiotelephony certificate. A certificate issued
after a ship passes an inspection of a radiotelephone installation.
Issuance of this certificate indicates that the vessel complies with
the Communications Act and the Safety Convention.
* * * * *
8. Section 80.19 is amended by removing the entry ``Radio
inspection and certification'' under the column titled ``Application
for'' and removing the entry and corresponding footnote ``FCC Form
801.1'' under the column titled ``Use''.
9. Section 80.59 is amended by revising paragraphs (a), (d)
introductory text, (d)(1) introductory text, (d)(1)(v), adding a new
paragraph (d)(2) and removing paragraph (e) to read as follows:
Sec. 80.59 Compulsory ship inspections.
(a) Inspection of ships subject to the Communications Act or the
Safety Convention.
(1) The FCC will not normally conduct the required inspections of
ships subject to the inspection requirements of the Communications Act
or the Safety Convention.
Note: Nothing in this section prohibits Commission inspectors
from inspecting ships. The mandatory inspection of U. S. vessels
must be conducted by an FCC-licensed technician holding an FCC
General Radiotelephone Operator License, GMDSS Radio Maintainer's
License, Second Class Radiotelegraph Operator's Certificate, or
First Class Radiotelegraph Operator's Certificate in accordance with
the following table:
[[Page 29659]]
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Minimum class of FCC license required by private
sector technician to conduct inspection--only one
license required
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Category of vessel General Second class First class
radiotele- GMDSS radio radiotele- radiotele-
phone maintainer's graph graph
operator license operator's operator's
license certificate certificate
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Radiotelephone equipped vessels subject to 47 CFR part
80, subpart R or S.....................................
Radiotelegraph equipped vessels subject to 47 CFR part
80, subpart Q.......................................... ............ ............
GMDSS equipped vessels subject to 47 CFR part 80,
subpart W or subpart Q................................. ............ ............ ............
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(2) A certification that the ship has passed an inspection must be
entered into the ship's log by the inspecting technician. The
technician conducting the inspection and providing the certification
must not be the vessel's owner, operator, master, or employee or their
affiliates. Additionally, the vessel owner, operator, or ship's master
must certify in the station log that the inspection was satisfactory.
There are no FCC prior notice requirements for any inspection pursuant
to paragraph (a)(1) of this section. An inspection of the bridge-to-
bridge radio stations on board vessels subject to the Vessel Bridge-to-
Bridge Radiotelephone Act must be conducted by the same FCC-licensed
technician.
(3) Additionally, for passenger vessels operated on an
international voyage the inspecting technician must send a completed
FCC Form 806 to the Officer in Charge, Marine Safety Office, United
States Coast Guard in the Marine Inspection Zone in which the ship is
inspected.
(4) In the event that a ship fails to pass an inspection the
inspecting technician must make a log entry detailing the reason that
the ship did not pass the inspection. Additionally, the technician must
notify the vessel owner, operator, or ship's master that the vessel has
failed the inspection.
(5) Because such inspections are intended to ensure the
availability of communications capability during a distress the
Commission will vigorously investigate reports of fraudulent
inspections, or violations of the Communications Act or the
Commission's Rules related to ship inspections. FCC-licensed
technicians, ship owners or operators should report such violations to
the Commission through its National Call Center at 1-888-CALL FCC (1-
888-225-5322).
* * * * *
(d) Waiver of annual inspection. (1) The Commission may, upon a
finding that the public interest would be served, grant a waiver of the
annual inspection required by Section 362(b) of the Communications Act,
47 U.S.C. 360(b), for a period of not more than 90 days for the sole
purpose of enabling a United States vessel to complete its voyage and
proceed to a port in the United States where an inspection can be held.
An informal application must be submitted by the ship's owner, operator
or authorized agent. The application must be submitted to the
Commission's District Director or Resident Agent in charge of the FCC
office nearest the port of arrival at least three days before the
ship's arrival. The application must include:
* * * * *
(v) The reason why an FCC-licensed technician could not perform the
inspection; and
* * * * *
(2) Vessels that are navigated on voyages outside of the United
States for more than 12 months in succession are exempted from annual
inspection required by section 362(b) of the Communications Act,
provided that the vessels comply with all applicable requirements of
the Safety Convention, including the annual inspection required by
Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed
technician in accordance with this section within 30 days of arriving
in the United States.
10. Section 80.101 is amended by revising the fourth sentence in
paragraph (b) to read as follows:
Sec. 80.101 Radiotelephone testing procedure.
* * * * *
(b) * * * U. S. Coast Guard stations may be contacted on 2182 kHz
or 156.800 MHz for test purposes only when tests are being conducted by
Commission employees, when FCC-licensed technicians are conducting
inspections on behalf of the Commission, when qualified technicians are
installing or repairing radiotelephone equipment, or when qualified
ship's personnel conduct an operational check requested by the U.S.
Coast Guard. * * *
11. Section 80.409 is amended by revising paragraphs (b)(1)
introductory text and (f)(1) to read as follows:
Sec. 80.409 Station logs.
* * * * *
(b) * * *
(1) Logs must be retained by the licensee for a period of two years
from the date of entry, and, when applicable, for such additional
periods as required by the following paragraphs:
* * * * *
(f) * * *
(1) Radiotelephony stations subject to the Communications Act, the
Safety Convention, or the Bridge-to-Bridge Act must record entries
indicated by paragraphs (e)(1) through (e)(12) of this section.
Additionally, the radiotelephone log must provide an easily
identifiable, separate section relating to the required inspection of
the ship's radio station. Entries must be made in this section giving
at least the following information.
(i) For ships that pass the inspection:
(A) The date the inspection was conducted.
(B) The date by which the next inspection needs to completed.
(C) The inspector's printed name, address and class of FCC license
(including the serial number).
(D) The results of the inspection, including any repairs made.
(E) The inspector's signed and dated certification that the vessel
meets the requirements of the Communications Act and, if applicable,
the Safety Convention and the Bridge-to-Bridge Act contained in
subparts Q, R, S, U, or W of this part and has successfully passed the
inspection.
(F) The vessel owner, operator, or ship's master's certification
that the inspection was satisfactory.
(ii) For ships that fail the inspection:
(A) The date the inspection was conducted.
(B) The inspector's printed name, address and class of FCC license
(including the serial number).
(C) The reason that the ship did not pass the inspection.
[[Page 29660]]
(D) The date and time that the ship's owner, operator or master was
notified that the ship failed the inspection.
* * * * *
12. Section 80.802 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 80.802 Inspection of station.
(a) Every ship of the United States subject to Part II of Title III
of the Communications Act or Chapter IV of the Safety Convention
equipped with a radiotelegraph installation must have the required
radio equipment inspected by an FCC-licensed technician holding a
Second Class Radiotelegraph Operator's Certificate, or First Class
Radiotelegraph Operator's Certificate once every 12 months. If the ship
passes the inspection the technician will issue a Cargo Ship Safety
Radio Certificate. Cargo Ship Safety Radio Certificates may be obtained
from the Commission's National Call Center--(888) 225-5322--or from its
Forms contractor.
* * * * *
13. Section 80.818 is amended by revising paragraph (b) to read as
follows:
Sec. 80.818 Direction finding and homing equipment.
* * * * *
(b) On or after May 25, 1980, must be equipped with radio direction
finding apparatus having a homing capability in accordance with
Sec. 80.824.
14. Section 80.819 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 80.819 Requirements for radio direction finder.
(a) The radio direction finding apparatus must:
* * * * *
15. Section 80.822 is revised to read as follows:
Sec. 80.822 Contingent acceptance of direction finder calibration.
When the required calibration can not be made before departure from
a harbor or port for a voyage in the open sea, the direction finder may
be tentatively approved on condition that the master certifies in
writing that the direction finder will be calibrated by a competent
technician.
16. Section 80.835 is amended by removing the fourth sentence in
paragraph (a).
17. Section 80.851 is amended by redesignating the text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 80.851 Applicability.
* * * * *
(b) Until February 1, 1999, the inspection of all cargo vessels
equipped with a radiotelephone installation operated on domestic or
international voyages must be conducted by an FCC-licensed technician
in accordance with Sec. 80.59 once every 12 months. If the ship passes
the inspection the technician will issue a Safety Certificate. Cargo
Ship Safety Radio Certificates may be obtained from the Commission's
National Call Center--(888) 225-5322--or from its forms contractor.
18. Section 80.903 is revised to read as follows:
Sec. 80.903 Inspection of radiotelephone installation.
Every vessel subject to Part III of Title III of the Communications
Act must have a detailed inspection of the radio installation by an
FCC-licensed technician in accordance with Sec. 80.59 once every five
years. The FCC-licensed technician must use the latest FCC Information
Bulletin, How to Conduct an Inspection of a Small Passenger Vessel. If
the ship passes the inspection, the technician will issue a
Communications Act Safety Radiotelephony Certificate. Communications
Act Radiotelephony Certificates may be obtained from the Commission's
National Call Center--(888) 225-5322--or from its forms contractor.
19. Section 80.1067 is amended by revising paragraph (a) to read as
follows:
Sec. 80.1067 Inspection of station.
(a) Ships must have the required equipment inspected at least once
every 12 months by an FCC-licensed technician holding a GMDSS Radio
Maintainer's License. If the ship passes the inspection the technician
will issue a Safety Certificate. Safety Certificates may be obtained
from the Commission's National Call Center at 1-888-CALL FCC (1-888-
225-5322) or from its field offices. The effective date of the ship
Safety Certificate is the date the station is found to be in compliance
or not later than one business day later. The FCC-licensed technician
must use the latest FCC Information Bulletin, How to Conduct a GMDSS
Inspection. Contact the FCC's National Call Center at 1-888-CALL FCC
(1-888-225-5322) to request a copy.
* * * * *
[FR Doc. 98-13463 Filed 5-29-98; 8:45 am]
BILLING CODE 6712-01-P