[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.

* * * * *
    (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.
* * * * *
[FR Doc. 98-25043 Filed 9-17-98; 8:45 am]
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