[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Rules and Regulations]
[Pages 49870-49872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25043]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80
[PR Docket No. 90-480, FCC 98-180]
Global Maritime Distress and Safety System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission amended its rules to require that at-sea
maintenance for GMDSS vessels be conducted by an FCC-licensed
technician holding a GMDSS Maintainer's License and providing a grace
period until February 1999, so that existing technicians have an
opportunity to obtain the license. This action was taken in an effort
to fully address the safety issues raised regarding at-sea maintenance
for GMDSS vessels. Release of the Memorandum Opinion and Order ensures
that only qualified, FCC licensed technicians would provide at-sea
maintenance on board GMDSS-equipped vessels.
[[Page 49871]]
EFFECTIVE DATE: October 19, 1998.
FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden of the Public
Safety and Private Wireless Division, Wireless Telecommunications
Bureau at (202) 418-0680 or via e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, FCC 98-180, adopted July 28, 1998, and
released August 10, 1998. The full text of this Memorandum Opinion and
Order is available for inspection and copying during normal business
hours in the FCC Dockets Branch, Room 230, 1919 M Street, N.W.,
Washington, D.C. 20554. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, Washington D.C. 20036, telephone (202) 857-
3800. This Memorandum Opinion and Order imposes no paperwork burden on
the public.
Summary of Memorandum Opinion and Order
1. In this Memorandum Opinion and Order, we deny the American Radio
Association's (ARA) Petition for Partial Reconsideration (Petition) of
our Report and Order, 57 FR 9063 (March 16, 1992) adding the technical
and operational requirements of the Global Maritime Distress and Safety
System (GMDSS) to Part 80 of the Commission's Rules. 1 Our
rules are consistent with the GMDSS provisions of the International
Convention for the Safety of Life at Sea (Safety Convention)
2 as adopted by the International Maritime Organization
(IMO), 3 and provide flexibility for vessel operators to
choose maintenance methods based on the routes of each particular
vessel and the availability of shore-based maintenance. Duplication of
equipment and shore-based maintenance are as effective a means for
ensuring successful operation of GMDSS radio installations as at-sea
maintenance. Also, Congress recently affirmed that U.S. vessels should
not have to carry dual safety systems prior to full implementation of
the GMDSS in 1999. Section 365 of the Communications Act of 1934, as
amended, (Communications Act) prohibits any requirement that passenger
vessels and large cargo vessels carry manual Morse code radiotelegraph
installations, so long as these vessels operate in accordance with the
GMDSS provisions of the Safety Convention, 4 and have been
certified by the U.S. Coast Guard as having GMDSS equipment installed
and operating in good working condition. 5
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\1\ Report and Order, 7 FCC Rcd 951 (1992).
\2\ International Convention for the Safety of Life at Sea, 1974
(Safety Convention), 32 U.S.T. 47, T.I.A.S. 9700.
\3\ The IMO is a specialized agency of the United Nations that
promotes the safety of ships and property at sea and the lives of
people on board.
\4\ Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996
Telecommunications Act).
\5\ See Section 365 of the Communications Act, as amended, 47
U.S.C. Sec. 363.
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2. Prior to the enactment of the 1996 Telecommunications Act,
Section 351 of the Communications Act required passenger vessels and
large cargo vessels to be equipped with manual Morse code
radiotelegraph installations when navigating on the open seas or on
international voyages. 6 This requirement derived from the
Wireless Ship Act of 1910, 7 and the Radio Communications
Act of 1912. 8 At that time, the radiotelegraph was part of
an international distress communications system providing a common
radio link between large vessels at sea via manual Morse code
telegraphy on 500 kHz. In 1988, the international maritime community
agreed to replace the required radiotelegraph with the GMDSS--an
automated ship-to-shore distress and safety radio communications system
that relies on satellites and advanced terrestrial systems.
9 In 1992, the Commission in the Report and Order, 57 FR
9063 (March 16, 1992) adopted rules implementing the new international
GMDSS requirements, requiring each passenger vessel and cargo vessel
over 300 gross tons (hereafter ``compulsory vessels'') to carry a
complete GMDSS radio installation by February 1, 1999. 10
Four years later, in 1996, Congress amended the Communications Act to
eliminate the radiotelegraph carriage requirement for vessels carrying
a GMDSS radio installation.11
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\6\ 47 U.S.C. Sec. 351.
\7\ Pub. L. No. 262, 36 Stat. 629 (1910).
\8\ Pub. L. 264, 37 Stat. 302 (1912).
\9\ See Final Acts of the Conference of Contracting Governments
to the International Convention for the Safety of Life at Sea, 1974,
on the Global Maritime Distress and Safety System, London (1988)
(1988 SOLAS Amendments).
\10\ Report and Order, 7 FCC Rcd at 951.
\11\ The Commission implemented Section 365 of the
Communications Act--a provision created by Section 206 of the 1996
Telecommunications Act--by Order released April 12, 1996. See
Amendment of the Commission's Rule to Conform the Maritime Service
Rules to the Provisions of the Telecommunications Act of 1996,
Order, 11 FCC Rcd 17069 (1996).
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3. The GMDSS rules ensure that qualified personnel are available to
operate the radio installation during an emergency. Each GMDSS vessel
must carry two persons licensed by the Commission to operate the radio
installation. Although these operators may have other duties on board
the vessel, one of them must be dedicated to operating the GMDSS
installation during an emergency, while the other operator serves as a
backup.12 In addition to the two licensed operators on
board, the vessel owner must choose among three maintenance methods:
duplication of equipment, shore-based maintenance, and/or at-sea
maintenance.13 If at-sea maintenance is chosen, the vessel
must carry one person licensed by the Commission to maintain the GMDSS
radio installation.14 The number and types of maintenance
options required depend on the routes of the vessel.
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\12\ 47 C.F.R. Sec. 80.1073.
\13\ The term ``duplication of equipment'' refers to carrying
redundant systems to meet GMDSS functional requirements as specified
in 47 C.F.R. Sec. 80.1105(g). The term ``shore-based maintenance''
refers to maintaining and repairing GMDSS systems at ports of call
as specified in 47 C.F.R. Sec. 80.1105(i). The term ``at-sea
maintenance'' refers to carrying at least one person qualified to
maintain and repair GMDSS systems while the vessel is at sea, as
specified in 47 C.F.R. Sec. 80.1105(j).
\14\ 47 C.F.R. Sec. 80.1074.
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4. After having carefully reviewed the arguments of ARA, the
opposition pleading submitted by the American Institute of Merchant
Shipping, and Congressional correspondence, we affirm our original
decision. All arguments presented by the petitioner and commenters are
essentially the same as those previously considered by the
Commission.15 Moreover, these issues are the same as those
examined by the international maritime community during the development
of the GMDSS.
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\15\ See Report and Order, 7 FCC Rcd at 955-58.
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5. At-sea-maintenance for GMDSS vessels. In adopting the GMDSS
rules in 1992, we found that requiring two licensed GMDSS radio
operators and providing maintenance options based on vessels' routes
would ensure safety at sea.16 All safety concerns were
reviewed by the IMO and again in the Commission's Report and Order with
emphasis on U.S. vessels. In addition, the Commission concurred with
the IMO view that, in considering the proper operation of radio
equipment, requiring two licensed GMDSS radio operators is superior to
reliance on one individual who might be unable to perform
communications during a distress situation.17 The GMDSS
requires multiple radio operators who
[[Page 49872]]
are familiar with the radio equipment and who use it daily to satisfy
the ship's operational needs. They must be licensed and familiar with
GMDSS emergency procedures, and possess the basic technical skills
necessary to replace equipment and adjust antennas.
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\16\ Id. at 954.
\17\ This position was reaffirmed at the World Administrative
Radio Conference held in February 1992 (WARC-92), where the
international community conformed the international Radio
Regulations to the 1988 SOLAS Amendments concerning this point.
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6. In response to safety concerns expressed by ARA and others about
operator availability during a distress situation, we adopted the Coast
Guard's suggestion that the radio operator and his/her alternate must
be listed on the ship's station bill. Further, the Commission's GMDSS
rules implement the Safety Convention regulations that require vital
safety communications equipment to be functioning properly before a
ship leaves port. Moreover, in 1996 Congress endorsed the GMDSS
requirements set forth in the Safety Convention, which do not require
at-sea maintenance. Congress, the Safety Convention, and the
Commission's GMDSS rules are in agreement concerning at-sea
maintenance.
7. In an effort to fully address the safety issues raised regarding
at-sea maintenance for GMDSS vessels, we are amending Section
80.1074(b) to require that all at-sea maintenance be conducted by an
FCC-licensed technician holding a GMDSS Radio Maintainer's License, and
providing a grace period until February 1999 so that existing
technicians have an opportunity to obtain the license. In 1993, the
Commission amended Part 13 of the rules, creating a GMDSS Radio
Maintainer's License to ensure that only qualified, FCC-licensed
technicians would provide at-sea maintenance on board GMDSS-equipped
vessels.18 In order to be licensed by the Commission as a
GMDSS Radio Maintainer, an applicant must pass a written examination
demonstrating knowledge of GMDSS systems and repair
procedures.19 We are amending the rules to reflect the
Commission's intent in creating the new GMDSS Radio Maintainer's
License.20
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\18\ Amendment of Part 13 of the Commission's Rules to Privatize
the Administration of Examinations for Commercial Operator Licenses
and to Clarify Certain Rules, FO Docket No. 92-206, Report and
Order, 8 FCC Rcd 1046 (1993). See also Public Notice, 8 FCC Rcd 919
(1993).
\19\ 47 C.F.R. Sec. 13.203(a)(7).
\20\ In creating the GMDSS Maintainer's License in 1993, the
Commission postponed amending Sec. 80.1074(b) pending final
resolution of the maintenance issues in the subject Petition for
Reconsideration. Now that the maintenance issues have been resolved,
this amendment is necessary in order to ensure that at-sea
maintenance is provided by qualified individuals. A notice and
comment rulemaking proceeding in this matter, however, is
unnecessary and would be contrary to the public interest. See 47 CFR
Sec. 1.412(c), 5 USC Sec. 553(b)(B).
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8. Presently, Section 80.1074(b) permits at-sea maintenance to be
performed by a licensed technician holding either a First Class
Radiotelegraph Operator's Certificate (T-1), Second Class
Radiotelephone Operator's Certificate (T-2), or a General
Radiotelephone Operator License (G). In order to minimize the impact of
this amendment on vessel operators that may have already made
arrangements for at-sea maintenance, we are providing a grace period
whereby persons holding the non-GMDSS related licenses listed above
will have ample opportunity to take the examination(s) required to
obtain a GMDSS Maintainer's License. Therefore, persons holding a T-1,
T-2, or G may serve as an at-sea maintainer on GMDSS vessels until the
full implementation of the GMDSS on February 1, 1999.
9. Transition period. The Commission no longer has the statutory
authority to require GMDSS vessels to carry a manual Morse code
radiotelegraph installation. Section 365 of the Communications Act
prohibits any requirement that compulsory vessels carry manual Morse
code radiotelegraph installations, so long as they operate in
accordance with the GMDSS provisions of the Safety Convention and have
been certified by the U.S. Coast Guard as having GMDSS equipment
installed and operating in good working condition.21 On
April 12, 1996, the Commission released an Order implementing Section
365 of the Communications Act by revising the general exemption in 47
CFR Sec. 80.836. Furthermore, perpetuating an outmoded ship-to-ship
manual Morse code radiotelegraph system on 500 kHz that has little
potential to communicate with radio stations of the major maritime
nations risks American lives and property.22 Many countries
are already in the process of eliminating the 500 kHz manual Morse code
system and converting their ships to GMDSS. Further, the Coast Guard
has already eliminated its shore watch on 500 kHz. Thus, carrying dual
systems is not required by the international regulations and would be
an unnecessary burden for the U.S. shipping industry.
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\21\ 47 U.S.C. Sec. 363.
\22\ Report and Order, 7 FCC Rcd at 953.
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10. Ordering Clauses. It is further ordered that, pursuant to the
authority contained in Sections 4(i) and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r), and the authority
contained in section 553(b)(B) of the Administrative Procedure Act, 5
U.S.C. 553(b)(B), and Section 1.412(c) of the Commission's Rules, 47
CFR 1.412(c), part 80 of the Commission's Rules is amended as set forth
below, effective October 29, 1998.
11. It is further ordered that, pursuant to the authority contained
in Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), and 405, and Section 1.429(i) of the
Commission's Rules, 47 CFR 1.429(i), the Petition for Partial
Reconsideration filed by the American Radio Association is denied.
12. It is further ordered that this proceeding is terminated.
List of Subjects in 47 CFR Part 80
Marine safety, Telegraph, Vessels, Global maritime distress and
safety system (GMDSS).
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Part 80 of Chapter I of Title 47 of the Code of Federal Regulations
Part 80 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, 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.
2. Section 80.1074 is amended by revising paragraph (b) to read as
follows:
Sec. 80.1074 Radio maintenance personnel for at-sea maintenance.
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(b) The following licenses qualify personnel as GMDSS radio
maintainers to perform at-sea maintenance of equipment specified in
this subpart. For the purposes of this subpart, no order is intended by
this listing or the alphanumeric designator.
(1) GM: GMDSS Maintainer's License;
(2) GB: GMDSS Operator's/Maintainer's License; or,
(3) Until February 1, 1999:
(i) T-1: First Class Radiotelegraph Operator's Certificate;
(ii) T-2: Second Class Radiotelegraph Operator's Certificate; or,
(iii) G: General Radiotelephone Operator License.
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[FR Doc. 98-25043 Filed 9-17-98; 8:45 am]
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