77214 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

data that were verified by the 

commenter demonstrated a significant 

increase in charges for revenue center 

0278 (Implantable Devices) over the 

average implantable device charges for 

the highest CC level MS–DRG (MS–DRG 

454). The commenter stated that this 

implantable device charge data proved 

beyond doubt that the increased total 

charges of legitimate customer claims in 

CMS’s own data is attributable to the 

higher cost of the aprevoTM custommade anatomically designed devices. 

The commenter also stated that CMS 

has a long-standing policy of using 

external data to inform MS–DRG 

reclassification as a way of addressing 

concerns about the timeliness of data 

from the MedPAR file. According to the 

commenter, CMS accepts the 

submission of external data that is 

intended to demonstrate that inpatient 

stays involving a new technology are 

costlier on average than the other 

inpatient stays in the same MS–DRG. 

With respect to the revised code 

proposal, the commenter stated that 

while it agreed that the revised 

procedure code descriptions will 

improve the reporting of procedures that 

utilize the aprevoTM spinal fusion 

device by eliminating a 

misinterpretation of the current 

description that it stated has caused 

illegitimate uses of the codes, it 

continues to have concerns as it relates 

to the requested MS–DRG assignment 

and rate-setting for cases reporting use 

of the aprevoTM spinal fusion device for 

FY 2024. The commenter stated that 

Medicare claims data reflecting 

improved coding as it relates to 

aprevoTM utilization will not be 

available when the FY 2025 rulemaking 

process is underway. The commenter 

stated that if CMS chooses to wait 

another year to act it will compromise 

beneficiary access to an important 

technology that provides significant 

health benefits. 

Additionally, the commenter stated 

that while the new technology add-on 

payment for the transforaminal 

interbody fusion (TLIF) indication will 

continue for FY 2024, the new 

technology add-on payment for the 

anterior lumbar interbody fusion (ALIF) 

and lateral lumbar interbody fusion 

(LLIF) procedures, which represent 70 

percent of aprevoTM utilization, expires 

on September 30, 2023. According to 

the commenter, if CMS does not assign 

all procedures reporting the use of an 

aprevoTM spinal fusion device to MS– 

DRGs 453 and 456 for FY 2024, it will 

risk beneficiary access to this important 

technology.’’ 

2. On page 58735, top half of the page, 

third column, after the first partial 

paragraph, and before the first full 

paragraph, the language is corrected by 

adding the following paragraphs: 

‘‘As discussed in the FY 2024 IPPS/ 

LTCH PPS proposed rule and prior 

rulemaking, we generally utilize 

MedPAR data when considering 

changes to the MS–DRG classifications, 

which includes an analysis of the 

volume of cases, the average length of 

stay, and average costs, with 

consideration of other factors. For the 

FY 2024 IPPS/LTCH PPS proposed rule, 

our initial analysis of potential changes 

to the MS–DRG classifications was 

based on ICD–10 claims data from the 

September 2022 update of the FY 2022 

MedPAR file, with certain additional 

analysis based on ICD–10 claims data 

from the December 2022 update of the 

FY 2022 MedPAR file. 

In the July 30, 1999 IPPS final rule (64 

FR 41499 through 41500), we stated that 

in order for us to consider using nonMedPAR data, the non-MedPAR data 

must be independently validated, 

meaning when an entity submits nonMedPAR data, we must be able to 

independently review the medical 

records and verify that a particular 

procedure was performed for each of the 

cases that purportedly involved the 

procedure. In this particular 

circumstance, where external data for 

cases reporting the use of an aprevoTM

spinal fusion device was provided, CMS 

did not have access to the medical 

records to conduct an independent 

review; therefore, we were not able to 

validate or confirm the non-MedPAR 

data submitted by the commenter for 

consideration in this final rule. 

However, our work in this area is 

ongoing, and we will continue to 

examine the data and consider these 

issues as we develop potential future 

rulemaking proposals.’’ 

Elizabeth J. Gramling, 

Executive Secretary, Department of Health 

and Human Services. 

[FR Doc. 2023–24670 Filed 11–8–23; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 80 

[WT Docket No. 23–357; FCC 23–90; FR ID 

183686] 

Radiotelephone Requirements for 

Vessels on the Great Lakes 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) amends its rules to retain 

the radiotelephone requirements for 

vessels subject to the current Great 

Lakes Agreement (GLA or Agreement). 

The GLA is a treaty between the United 

States and Canada. In relevant part, the 

GLA established requirements regarding 

the usage and maintenance of 

radiocommunications equipment for 

safety purposes aboard certain vessels 

navigating on the Great Lakes. Pursuant 

to Canada’s notice of termination on 

November 2, 2022, the GLA will cease 

to be effective on November 2, 2023. As 

a result, the FCC takes expedited action 

in this order to amend subpart T and 

certain other parts of the Commission’s 

rules to remove the references to the 

GLA and maintain the applicability of 

rules in the Great Lakes. 

DATES: Effective November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Erin McGrath of the 

Wireless Telecommunications Bureau, 

Mobility Division, at (202) 418–2042 or 

erin.mcgrath@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of Commission’s Order, in WT 

Docket No. 23–357; FCC 23–90, adopted 

on October 30, 2023 and released on 

October 31, 2023. The full text of this 

document is available for public 

inspection online at https://

docs.fcc.gov/public/attachments/FCC23-90A1.pdf. The Commission will send 

a copy of this Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Synopsis 

1. In this Order, the Commission takes 

action to ensure the continued safety of 

vessels navigating the Great Lakes by 

amending part 0 and part 80 of the 

Commission’s rules to retain the 

radiotelephone requirements for vessels 

subject to the current Great Lakes 

Agreement (GLA or Agreement). The 

GLA is a treaty between the United 

States and Canada that, among other 

things, established requirements 

regarding the ‘‘usage and maintenance 

of radiocommunications equipment for 

safety purposes aboard’’ certain vessels 

navigating on the Great Lakes. 

Agreement Between Canada and the 

United States for the Promotion of 

Safety on the Great Lakes by Means of 

Radio, art. II, U.S.-Canada, April 26, 

1973, 25 UST 935, T.I.A.S. 7837, 

amended 30 UST 2523, T.I.A.S. 9352 

(GLA). These requirements are codified 

primarily in subpart T of part 80 of the 


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Commission’s rules (subpart T). Because 

the GLA will cease to be effective on 

November 2, 2023, pursuant to Canada’s 

notice of termination on November 2, 

2022, the Commission must take 

expedited action to amend subpart T 

and certain other rules in part 0 and part 

80 to remove the references to the GLA 

and maintain the applicability of rules 

in the Great Lakes. This will ensure that 

the Commission’s rules continue to 

promote the safety of life and property 

on the Great Lakes, provide regulatory 

stability going forward, and accurately 

reflect the GLA’s status. 

2. Further, after careful consideration 

of information the Commission has 

recently received from the U.S. Coast 

Guard (USCG), which also contains 

information from the Canadian 

government, the Commission finds it to 

be necessary and in the public interest 

to amend one of the subpart T rules 

requiring an inspection of the required 

radiotelephone installation at least once 

every 13 months by extending the time 

period to once every 48 months. As 

described in further detail herein, the 

Commission takes this action to align its 

rules with the Canadian inspection 

interval that will apply upon 

termination of the GLA and to more 

closely conform to the current needs of 

the industry given improvements in 

maritime safety and equipment. The 

USCG supports this change, noting that 

the GLA’s termination was prompted 

after the Canadian Government’s 

attempt to renegotiate the terms of the 

inspection requirement for three years. 

I. Background 

3. Ensuring the availability of critical 

maritime communications has been one 

of the Commission’s fundamental 

obligations since the earliest days of the 

Communications Act. The Act not only 

charges the Commission generally with 

making available wire and radio service 

for the purpose of promoting safety of 

life and property, but it also specifically 

entrusts us with obligations relating to 

maritime radio communications. Today, 

similar to the terrestrial emergency 911 

system, the maritime services provide 

for the unique distress, as well as the 

operational and personal 

communications, needs of vessels at sea 

and on inland waterways. While the 

maritime community has pioneered the 

use of radio for safety purposes, 

maritime services also provide a wide 

range of communications services to 

vessels to support a multibillion-dollar 

industry. Along with other applicable 

rule parts, part 80 of the Commission’s 

rules contains the requirements for 

stations in the maritime services, and 

specifically states that the rules are 

promulgated under the provisions of the 

Communications Act of 1934, which 

provides the Commission authority to 

regulate radio transmissions and to 

issue licenses for radio stations, and in 

accordance with various applicable 

statutes, treaties, and agreements, 

including the GLA. It also notes that the 

USCG also has rules that affect 

radiotelecommunication equipment 

carriage and power source requirements 

on certain ships. This extensive history 

and these requirements reflect the 

importance of having radio equipment 

aboard vessels to facilitate 

communication and promote maritime 

safety without causing harmful 

interference to each other or to other 

spectrum users. 

A. The Great Lakes Agreement 

4. The GLA was signed on February 

26, 1973, entered into force on May 6, 

1975, and was amended in 1978 and 

1988. The GLA is generally intended to 

promote the safety of life and property 

and efficiency of navigation on the Great 

Lakes and their connecting and tributary 

waters by coordinating the use of 

radiocommunications equipment for 

distress, safety, and navigational 

purposes. The purposes of the GLA 

include not only ensuring the 

operability of radiocommunication and 

associated equipment during maritime 

distress and safety and efficiency while 

navigating on the Great Lakes, but also 

ensuring that all vessel on the Great 

Lakes are operating under uniform 

regulations on radiocommunications to 

maintain the safety of all ships 

operating on the Great Lakes. Both the 

United States and Canada agreed to 

cooperate to maintain similar rules to 

the greatest extent possible. 

5. The GLA provides that vessels of 

all countries must comply with its 

requirements while operating on the 

Great Lakes if they fall within certain 

specific categories. The GLA requires, 

among other things, that all vessels 65 

feet or over in length, most towing 

vessels, and vessels carrying more than 

six passengers for hire be equipped with 

a marine VHF radiotelephone 

installation. In order to further the 

purposes of the GLA, applicable vessels 

also need to comply with certain other 

requirements, such as meeting listening 

and frequency requirements, having at 

least one certified radio operator, and 

retaining certain records on the use of 

the radiotelephone station for safety 

purposes, among others. 

6. The GLA also requires that 

radiotelephone stations be inspected at 

least once every thirteen months either 

by officers of the United States or 

Canada or by persons nominated for that 

purpose or organizations recognized by 

either the United States or Canada. 

Following inspection, the inspector 

must certify that the relevant provisions 

of the GLA have been complied with, 

and that certification must be kept on 

board the vessel and available for 

inspection. 

B. Commission Rules Implementing the 

Great Lakes Agreement 

7. The Commission adopted rules 

implementing the GLA primarily in 

subpart T of part 80 and in other 

scattered sections of part 0 and part 80. 

The subpart T rules apply to vessels to 

which the GLA applies that fit into the 

specific GLA categories—i.e., all vessels 

20 meters (65 feet) or over in length, 

most towing vessels, and vessels 

carrying more than six passengers for 

hire—while operating on the Great 

Lakes, unless they have received an 

exemption from the Commission. 

Subpart T not only incorporates the 

GLA requirements for use of VHF 

equipment, but also mandates, 

consistent with the GLA, the 

frequencies to be used and other 

technical requirements, including 

reserve power, operator, maintenance 

and inspection requirements. 

8. Besides the rules in subpart T, the 

GLA is mentioned in and effectuated by 

other sections of part 80 and part 0 of 

the Commission’s rules. In part 0, 

sections 0.131(s)(2) and 0.491 

specifically mention the GLA in 

delegating authority to the Wireless 

Telecommunications Bureau to grant 

emergency exemption requests, 

extensions or waivers of inspection to 

ships and in providing filing 

instructions for exemption requests, 

respectively. Apart from subpart T, the 

following rules in part 80, in most cases, 

contain references to the GLA that need 

to be replaced, but, in some cases, 

augment subpart T by clarifying 

technical and other requirements 

applicable to Great Lakes vessels. These 

rules are as follows: 80.1(a) (referencing 

the GLA in a list of documents 

providing the basis for the 

Commission’s maritime rules), 80.5 

(referencing the GLA in the definition of 

passenger carrying vessel in the 

categories of ships section and the Great 

Lakes definition and defining 

compulsory ships in the categories of 

ships section), 80.59 (identifying the 

inspection requirements for the various 

categories of compulsory vessels and 

referencing the GLA), 80.161 

(referencing the GLA in an operator 

requirement rule), 80.308 (referencing 

the GLA in a watch requirement rule), 

80.401 (referencing the GLA in a station 

document requirement rule), 80.409(f) 


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(providing how different categories of 

vessels must comply with requirements 

for station log entries and referencing 

the GLA), 80.411(b) (identifying the 

certificate posting requirements of 

various vessels and referencing the 

GLA), 80.1005 (referencing the GLA in 

the inspection rule in subpart U, which 

applies to Bridge-to-Bridge Act vessels), 

and 80.1065(b) (referencing the GLA in 

the applicability rule in subpart W, 

which applies to vessels that must carry 

the Global Maritime Distress and Safety 

System). 

9. With regard to inspection and 

certification, section 80.953 describes 

the requirements that apply to each 

vessel subject to the GLA. As described 

in further detail below, each vessel 

subject to the GLA must have a 

radiotelephone installation inspection at 

least once every 13 months. 

C. Termination of the Great Lakes 

Agreement 

10. Article XXI of the GLA provides 

that the Agreement may be terminated 

unilaterally by either the United States 

or Canada upon written notice, with 

termination taking effect twelve months 

after the date of such notification. As 

noted above, on November 2, 2022, 

Canada provided written notice to the 

United States of the termination of the 

GLA. Accordingly, the GLA will cease 

to be effective on November 2, 2023. 

The Commission and the USCG have 

been working diligently during this time 

to arrive at a solution that will maintain 

safety and regulatory certainty for how 

maritime radio equipment aboard 

vessels in the Great Lakes operates to 

permit communications, including but 

not limited to during emergencies. 

II. Discussion 

A. Reinstatement of the Commission’s 

Rules for the Great Lakes 

11. The Commission’s rules 

promoting the safety of vessels 

navigating the Great Lakes generally 

would not be valid and in effect after 

the termination of the GLA on 

November 2, 2023, without today’s 

action to extend these safety measures. 

The subpart T rules, by their terms, 

apply only to vessels that are subject to 

the GLA, not to all vessels that are on 

voyages in those specific waters. Section 

80.951 specifically states that vessels to 

which the GLA applies must comply 

with subpart T while navigating on the 

Great Lakes. Other rules in part 0 and 

part 80 use similar terminology to 

establish their applicability to vessels 

that are subject to the GLA. 

Furthermore, in adopting many of these 

rules, the Commission stated that its 

purpose was to implement the GLA. 

Accordingly, given that the applicability 

of the current subpart T rules and 

certain other rules in part 0 and part 80 

is predicated on the continued existence 

of the GLA, the effective date of 

termination of the GLA on November 2, 

2023, would render those rules a nullity 

with no practical effect on any vessels, 

leaving the Commission with no means 

of carrying forward the enforcement of 

important Great Lakes-specific 

radiotelephone installation 

requirements in the absence of 

replacement rules. To remedy a 

situation that could negatively impact 

safety on the Great Lakes, the 

Commission finds it necessary and in 

the public interest to amend the subpart 

T rules and certain other rules in part 

0 and part 80—i.e., to remove the 

references to the GLA and clarify some 

rules given the termination of the 

GLA—to ensure the continued 

applicability of the substantive 

requirements governing vessels that are 

currently subject to the GLA. By 

continuing the effectiveness of these 

rules, the Commission will maintain the 

important public safety requirements 

that have been in place for decades 

applicable to certain vessels navigating 

the Great Lakes. 

12. The Commission finds that these 

rules are necessary and in the public 

interest, first and foremost, to preserve 

safety of life and property on the Great 

Lakes. As noted above, the rules at issue 

implemented the GLA requirements to 

install, use, and maintain basic 

equipment (marine VHF radio) as a 

means of serving safety, as well as 

operational and business, purposes for 

vessel operators. The installation and 

maintenance of VHF radios are critical 

to navigation safety on the Great Lakes 

for purposes including intership 

navigation, port safety, and operation in 

vessel traffic areas. Due to limits on 

coverage from land-based mobile 

networks over the Great Lakes waters, 

the USCG operates an extensive network 

of towers to listen to distress calls and 

the Rescue 21 network to locate those in 

danger, and in addition, others, such as 

commercial ships and bridge tenders 

rely on VHF marine radio. VHF radios 

operating in compliance with the GLA 

rules are essential to Search and Rescue 

proceedings and other important 

emergency and non-emergency safety 

functions including navigation, Vessel 

Traffic Service (VTS), port operations, 

port safety, and the dissemination of 

Urgent Marine Information Broadcasts 

and weather warnings. For example, 

vessels entering the Great Lakes traffic 

areas need radios to check into the VTS 

centers. VTS, the primary tool used by 

operators to communicate with mariners 

in a VTS operating area, provides a wide 

range of techniques and capabilities 

aimed at preventing vessel collisions, 

rammings, and groundings in the 

harbor, expedites ship movements, 

increases transportation systems 

efficiency, and improves operating 

capability. While it is unlikely that 

vessel operators would stop carrying 

and using basic VHF radio equipment 

immediately upon the effective date of 

the GLA’s termination on November 2, 

2023, over time, it is possible that some 

vessels would stop installing or 

maintaining VHF radio equipment if it 

is not required, affecting the efficiency 

of navigation and making essential 

communications challenging. The 

Commission finds that, as a result, 

safety would be compromised in both 

emergency and non-emergency 

situations. 

13. Existing rules also provide for 

inspections of required equipment, 

maintenance contracts, reserve power, 

use of licensed operators, or 

maintenance of a continuous watch on 

certain frequencies. The USCG 

demonstrates that, if the pending 

termination of the GLA is not 

immediately addressed, mariner’s safety 

will be at risk. While the GLA has been 

successful in promoting safety on the 

Great Lakes, USCG data demonstrates 

that there are a few vessels that are not 

in compliance. Not only do some of 

these vessels not have VHF radios or 

FCC licenses, but some also have faulty 

equipment or do not have reserve 

power, the required certifications, or 

radio logs. These failures were 

discovered during USCG inspections, 

demonstrating the general importance of 

inspection requirements as a vital 

means of maintaining safety and 

ensuring compliance with rules. Thus, 

the amendment of subpart T and certain 

part 0 and part 80 rules is necessary to 

maintain these important safety 

requirements. 

14. Further, one of the primary 

purposes of the GLA—and, thus, of our 

implementing rules—is to provide 

uniform radiocommunications 

regulations for all vessels operating on 

the Great Lakes, regardless from which 

nation the vessel originates. Uniformity 

is important not only for distress 

situations, but also to ensure maritime 

safety and efficiency of navigation. 

Canada has recently adopted rules that 

are similar to the GLA requirements 

and, therefore, the equipment carriage 

requirements will remain the same even 

after the GLA terminates. Accordingly, 

with the exception of a modification to 

the inspection interval explained below, 


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as of November 2, 2023, the substance 

of the current GLA requirements would 

continue to apply to vessels in Canadian 

waters of the Great Lakes, but not to 

vessels in U.S. waters, if these rules are 

not amended. Amending the 

Commission’s rules to retain the 

existing requirements is necessary to 

ensure the uniformity of rules in the 

United States and Canada. 

15. Maintaining uniformity in 

regulations between the United States 

and Canada simplifies the obligations of 

vessel operators on the Great Lakes and 

prevents unnecessary confusion, delay, 

and cost. If the Commission were not to 

maintain the GLA rules in the same way 

as implemented under the GLA, vessel 

operators subject to current GLA 

requirements could be confused about 

which rules apply as they voyage on the 

Great Lakes—the Canadian rules that are 

based on the GLA, or different, non-GLA 

rules in the United States that apply to 

some U.S. vessels in the Great Lakes. 

For example, a U.S. vessel that is not 

subject to the GLA rules in U.S. waters 

and may no longer be in compliance 

with existing GLA rules, could be 

detained or subject to penalties for 

violations of the radio and inspection 

requirements in Canadian waters where 

the Canadian GLA rules do apply. 

Indeed, because there is no ‘‘innocent 

passage’’ in the Great Lakes, a vessel 

navigating the Great Lakes passes 

through both U.S. and Canadian waters 

multiple times, subjecting that vessel to 

multiple rule violations. Vessels would 

need to be cognizant of which set of 

rules they need to follow and what 

equipment needs to be on board based 

on whether they are in the U.S. or 

Canadian waters of the Great Lakes or if 

they are going to a port in the other 

country. By amending the Commission’s 

rules to retain generally the 

requirements already applicable to these 

vessels, the Commission promotes 

clarity, certainty, and ultimately safety 

while minimizing burdens on operators. 

16. Additionally, if the Commission 

were not to maintain the current Great 

Lakes rules that are consistent with the 

GLA and Canada’s requirements, 

commerce and travel could be adversely 

affected as a result of the lack of 

certainty to vessels navigating the Great 

Lakes and going between ports in the 

United States and Canada. After the 

effective date of termination of the GLA, 

unless the Commission maintains the 

existing GLA rules to match Canada’s 

rules, vessels on the Great Lakes may 

have the burden and cost of complying 

with two different and possibly 

conflicting sets of requirements. Vessels 

may be refused access to or detained at 

the foreign port if they are not in 

compliance with the other country’s 

rules. Not only is detention and delay of 

vessels a possibility, but also vessels 

could be subject to monetary fines for 

violations of rules governing VHF radio 

installations and inspections, along with 

other GLA requirements. This scenario 

could hinder trade if vessels cannot 

freely travel on the Great Lakes between 

ports in the United States and Canada 

in the absence of a certain, uniform set 

of applicable rules. 

B. Update to the Commission’s 

Inspection Requirement for the Great 

Lakes 

17. Although the Commission is 

amending subpart T and certain part 0 

and part 80 rules to retain the existing 

requirements in their entirety, the 

Commission hereby amends the 

inspection requirement in section 

80.951 by changing the required 

inspection interval from at least once 

every 13 months, to at least once every 

48 months. Certifications of inspection 

that are valid on the effective date of the 

GLA termination—therefore, dated 

between October 2, 2022 and November 

2, 2023—will be valid for 48 months 

from the date of inspection, as opposed 

to 13 months. The Commission takes 

this action to align its requirement with 

Canada’s inspection interval currently 

applicable to inland waterways that will 

be applicable to GLA vessels upon the 

effective termination of the GLA. This 

alignment will promote uniformity and 

more closely conform to the current 

needs of the industry and the realistic 

practices of both the United States and 

Canada in maintaining safety and 

beneficial commerce for vessels 

navigating on the Great Lakes. 

18. This inspection requirement 

change is supported by the USCG, 

which has had extensive conversations 

with Great Lakes mariners regarding 

concerns about the 13-month-inspection 

requirement, and has stated that 

changing the inspection requirement 

will not hinder the safety of life and 

property. As the USCG explains, 

improvements in maritime safety and 

equipment have resulted in the GLA’s 

inspection interval requirement 

becoming antiquated and in need of 

revision to allow a longer period of time 

between required inspections. 

Specifically, although the original 13- 

month-inspection interval may have 

been necessary decades ago when the 

GLA was first executed and vessels used 

crystal radios requiring more frequent 

monitoring and adjusting, 

improvements in VHF radio technology 

mean that the equipment is reliable for 

a significantly longer period of time. 

Thus, the USCG states that changing the 

inspection interval from 13 months to 

48 months will not affect mariner’s 

safety because of the improved 

reliability and stability of current VHF 

equipment. 

19. The Commission notes that a 48- 

month inspection interval for Great 

Lakes vessels that are likely within 

range of VHF radio communications, 

and therefore available for quicker 

safety response according to the USCG, 

is appropriate in contrast to vessels 

subject to the Safety Convention 

(SOLAS) and subpart W of the 

Commission’s rules. These SOLAS and 

subpart W vessels have an annual 

inspection requirement, but they travel 

further offshore, navigate the oceans and 

typically are outside of VHF range, and 

travel for longer time periods. In 

contrast to Great Lakes vessels that 

solely navigate the Great Lakes and are 

specifically exempt from SOLAS, 

SOLAS vessels must carry longer range 

communications and more complex 

navigation equipment. Accordingly, 

SOLAS vessels are subject to a more 

stringent annual inspection interval, 

which will continue to apply separate 

from vessels navigating the Great Lakes. 

20. By lengthening the inspection 

interval for Great Lakes vessels, the 

Commission intends to lessen the costs 

and burdens for applicable vessel 

owners and operators, but without any 

decrease in safety. Inspections of Great 

Lakes vessels cost on average $300 per 

vessel. Accordingly, as an example, if a 

company operates 20 vessels, it would 

be required by pay $6,000 (20 × $300) 

for the 13-month inspection, and 

$24,000 (4 × $6,000) over the course of 

48 months. By changing the inspection 

interval to once every 48 months, that 

vessel company would only be required 

to pay $6,000 over the course of 48 

months, saving $18,000 

($24,000¥$6,000). This burden 

reduction will not negatively impact 

safety because, as noted above, 

technological advances in radio 

installations have translated to a 

reduced need for frequent inspections. 

The Commission notes that in 1996, 

when the Commission privatized the 

inspection of GLA vessels, it stated that, 

over a five year period, only one percent 

of the vessels failed the radio 

inspection. As stated above, USCG data 

supports that, while some vessels fail 

inspection, there is a low failure rate of 

the equipment. Still, the Commission 

continues to believe that inspections are 

an integral part of the Commission’s 

rules and necessary to ensure that 

vessels navigating the Great Lakes have 

a reliable means of communications to 

support efficient and safe navigation 

and to notify others when in distress. 


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21. The Commission also makes 

corresponding changes to the 

requirement that vessels must retain a 

log entry or issuance of a Great Lakes 

certificate from two years until the date 

of the next radio inspection. This rule 

change conforms the log retention rule 

with the 48-month inspection 

requirement. 

C. Notice and Comment 

22. The Commission finds good cause, 

pursuant to the Administrative 

Procedure Act (APA), to conclude that 

prior notice and comment are 

unnecessary before adopting these 

amendments because the amended rules 

will simply retain existing legal 

requirements, except for the amendment 

to the inspection requirement adopted 

herein. Notice and comment are 

unnecessary when ‘‘the administrative 

rule is a routine determination, 

insignificant in nature and impact, and 

inconsequential to the industry and to 

the public.’’ Util. Solid Waste Activities 

Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 

2001) (internal quotation marks 

omitted); accord Mack Trucks, Inc. v. 

EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). 

The ‘‘unnecessary’’ prong is met when 

the rule amendments do not 

‘‘substantively alter the existing 

regulatory framework’’ or produce any 

‘‘detrimental impact on the rights of the 

parties regulated.’’ Nat’l Helium Corp. v. 

Fed. Energy Admin., 569 F.2d 1137, 

1146 (Temp. Emer. Ct. App. 1977); see 

also Amendment of Subpart S and T of 

Part 90 of the Rules to Permit Licensing 

of Channels in the 896–901/935–904 

MHz and 220–222 MHz Bands in the 

U.S./Mexico Border Area, Order, 7 FCC 

Rcd 7154, 7154, para. 5 (1992). In this 

Order, the Commission is maintaining 

rules that have been in place for decades 

without change and simply make minor, 

technical amendments—such as 

deleting references to the GLA, which 

will no longer be in effect—to ensure 

their continued applicability. The same 

rules will apply to the same vessel 

owners and operators as they have in 

the past, and therefore, vessel owners 

and operators on the Great Lakes will 

experience no additional burdens and 

no effect on their substantive rights or 

obligations. In fact, the burdens would 

increase on vessel owners if the 

Commission initiated a notice and 

comment proceeding that would 

continue beyond November 2, 2023, 

because stakeholder confusion could 

ensue about what rules apply when 

operating on the Great Lakes, especially 

in the absence of uniform applicable 

regulations with Canada during the 

pendency of such proceeding, as 

discussed above. 

23. Moreover, given the safety 

concerns, the Commission finds good 

cause to conclude that prior notice and 

comment would be contrary to the 

public interest. The Commission is 

faced with a potential emergency 

situation where serious harm could 

result if the rules ensuring the safety of 

vessels navigating the Great Lakes were 

suddenly not applicable and enforceable 

beginning on November 2, 2023. Good 

cause has been found to exist in 

emergency situations in which a rule 

responds to an immediate threat to 

safety or physical property. As 

explained above, these rules were put in 

place to ensure the safety of life and 

property on the Great Lakes and to 

ensure communications when vessels 

are in distress or facing emergency 

situations, including with the USCG and 

their Canadian counterparts. The USCG 

stresses the importance of maintaining 

the requirements beyond November 2, 

2023, particularly because properly 

placed and operating VHF 

radiocommunications not only permits 

vessels to seek help in emergencies, but 

also allows authorities and other vessels 

in the vicinity to facilitate the assistance 

of nearby vessels in distress. The USCG 

also notes that there is limited cell 

phone coverage on the Great Lakes, 

making VHF radios the only reliable 

means to make contact if vessel is in 

distress. The Commission, therefore, 

finds good cause to forgo notice and 

comment to ensure, in particular, that 

these communications and public safety 

rules designed to address distress 

situations are effective and continue to 

be applicable to vessels on the Great 

Lakes after the effective date of 

termination of the GLA. 

24. Additionally, the Commission had 

limited time to coordinate a joint 

regulatory response to Canada’s 

termination of the GLA, making public 

participation impracticable in this case. 

Good cause has been found to exist 

when a rule is necessary, due to 

circumstances beyond the agency’s 

control, to avoid or ameliorate expected 

harm to important public interests. On 

November 2, 2022, Canada unilaterally 

terminated the GLA in a letter to the 

U.S. Department of State. Since the date 

of Canada’s termination letter, the 

Commission has expended considerable 

time and effort in coordinating with the 

various interested stakeholders, 

including the U.S. Department of State, 

USCG, and Canada, to determine the 

appropriate regulatory paradigm going 

forward. These events, including the 

termination of the treaty, were largely 

beyond the Commission’s control. Once 

that coordination process was 

completed, there was insufficient time 

for public participation in this 

rulemaking proceeding. Doing so would 

have significantly delayed the 

Commission’s effort to ensure that there 

will be rules in place beginning on the 

effective date of termination of the GLA. 

Allowing the GLA to terminate without 

having rules in place would not be in 

the public interest, as it would endanger 

public safety, cause commercial harm, 

and cause confusion for vessel owners 

and operators as to what regulations 

applied in the Great Lakes. 

25. This Order substantively amends 

only one existing rule by relaxing the 

inspection requirement for applicable 

vessels on the Great Lakes from once 

every 13 months to once every 48 

months, at the request of the USCG. As 

stated above, Canada terminated the 

GLA because of concerns about the 

frequency of a 13-month inspection 

requirement, which Canada will replace 

with a 48-month inspection requirement 

currently applicable to inland 

waterways. If the Commission does not 

amend its inspection interval to mirror 

Canada’s interval, then there will be an 

inconsistency between Canada’s 

requirement and the United States’s 

current 13-month requirement. The 

Commission, therefore, makes this same 

change to its rules to maintain 

uniformity in the inspection interval 

rules between the United States and 

Canada, which will benefit international 

relations between the two countries. 

26. If the United States and Canada 

maintain different inspection 

requirements, vessel owners and 

operators could be fined or detained for 

unwittingly following the wrong rules 

when unknowingly crossing into U.S. or 

Canadian waters or when entering the 

other country’s port. Both the USCG and 

Canadian government have stated that 

they will fully enforce their rules. 

Therefore, as the USCG explains, a 

vessel traveling from Cleveland, Ohio to 

Duluth, Minnesota will pass between 

the countries’ waters numerous times, 

potentially resulting in multiple 

violations for each transit which could 

lead to excessive fines or being 

detained. Such enforcement actions by 

the United States and Canada involving 

the other country’s flagged vessels could 

harm commerce by raising prices and 

halting the transport of goods, travel, 

and foreign relations between the 

countries. The USCG states that ‘‘[i]n 

the spirit of cooperation with our 

Canadian counterparts over the shared 

coverage of the Great Lakes, we implore 

that our requirements are in sync with 

Canada.’’ Letter from Jerry L. Ulcek, 

Chief, Spectrum Management and 

Communications Policy Division, 


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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77219 

USCG, to Scott S. Patrick, Executive 

Director, Office of Spectrum 

Management, NTIA, Attach., at 3 (Sept. 

29, 2023). Requiring notice and 

comment for this rule change would 

result in excessive delay and prevent 

the maintenance of uniformity and 

international stability, and the 

Commission therefore finds additional 

good cause to conclude that following 

notice-and-comment procedures would 

be contrary to the public interest. For 

these reasons, the Commission also 

finds that the amendment to the 

inspection requirement falls under the 

foreign affairs exception for notice and 

comment procedures. 

D. Effective Date 

27. For similar reasons, the 

Commission finds good cause to make 

these rules effective immediately upon 

publication in the Federal Register. 

While rules issued by the Commission 

generally must be published at least 30 

days before they become effective, the 

APA and the Commission’s rules make 

an exception for a determination of good 

cause published with the rule. Given 

that the imminent lapse of the GLA 

rules on November 2, 2023, would pose 

a risk to the safety of life and property 

on the Great Lakes, it is necessary that 

the Commission has these rules adopted 

and effective prior to the GLA’s 

termination date. Further, because the 

Commission is by and large simply 

retaining rules that are in existence 

today, vessels on the Great Lakes should 

already be equipped with the requisite 

VHF radios and meet the other 

communications requirements 

maintained by today’s action, and, 

therefore, vessel owners and operators 

do not need time to come into 

compliance with these rules. 

28. The Commission also concludes 

that the revised inspection requirement 

should likewise become effective 

immediately upon publication in the 

Federal Register. This rule change 

relieves a burden on industry by 

permitting vessels to be inspected every 

48 months, instead of every 13 months. 

Because this action relieves a 

restriction, it is exempt from the 

requirement that the rule be published 

for at least 30 days in the Federal 

Register before becoming effective. 

Further, this rule change ensures that 

the U.S. and Canadian rules remain 

uniform, thereby avoiding a disruption 

in trade or international disputes 

regarding what rules apply to various 

vessels. To maintain uniformity, this 

rule change needs to be effective as of 

November 2, 2023. As with the retention 

of the other Great Lakes rules, the only 

way to accomplish this is to make this 

rule effective upon publication in the 

Federal Register. 

III. Procedural Matters 

29. Regulatory Flexibility Act. Because 

this rule change is being adopted 

without notice and comment, the 

Regulatory Flexibility Act does not 

apply. 

30. Paperwork Reduction Analysis. 

This document does not contain any 

new or substantively modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1985 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified information 

collection burden for small business 

concerns with fewer than 25 employees, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198. This document may 

contain non-substantive modifications 

to approved information collections. 

Any such modifications will be 

submitted to the Office of Management 

and Budget (OMB) for approval 

pursuant to OMB’s non-substantive 

modification process. 

31. Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Order to Congress 

and the Government Accountability 

Office, pursuant to 5 U.S.C. 801(a)(1)(A). 

IV. Ordering Clauses 

32. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 4(i), 301, 303, and 321 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 301, 

303, and 321, this Order is adopted. 

33. It is further ordered that part 0 and 

part 80 of the Commission’s rules are 

amended as set forth in Appendix A. 

These amendments shall become 

effective upon publication of this Order 

in the Federal Register, pursuant to 5 

U.S.C. 553(d)(3) and section 1.427(b) of 

the Commission’s rules, 47 CFR 

1.427(b). 

34. It is further ordered that the Office 

of Management and Budget, 

Performance Program Management, 

shall send a copy of this Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects 

47 CFR Part 0 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

47 CFR Part 80 

Marine safety, Radio, 

Communications equipment, Great 

Lakes, Vessels. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 0 and 

80 as follows: 

PART 0—COMMISSION 

ORGANIZATION 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 154(j), 

155, 225, and 409, unless otherwise noted. 

■ 2. Amend § 0.131 by revising 

paragraph (s)(2) to read as follows: 

§ 0.131 Functions of the Bureau. 

* * * * * 

(s) * * * 

(2) Grants emergency exemption 

requests, extensions or waivers of 

inspection to ships in accordance with 

applicable provisions of the 

Communications Act, the Safety 

Convention, or the Commission’s rules. 

■ 3. Revise § 0.491 to read as follows: 

§ 0.491 Application for exemption from 

compulsory ship radio requirements. 

Applications for exemption filed 

under the provisions of sections 352(b) 

or 383 of the Communications Act; 

Regulation 4, chapter I of the Safety 

Convention; Regulation 5, chapter IV of 

the Safety Convention; or subpart T of 

Part 80, must be filed as a waiver 

request using the procedures specified 

in § 0.482. Emergency requests must be 

filed via the Universal Licensing System 

or at the Federal Communications 

Commission, Office of the Secretary. 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

■ 4. The authority citation for part 80 

continues to read as follows: 

Authority: 47 U.S.C. 151–155, 301–609; 3 

U.S.T. 3450, 12 U.S.T. 2377. 

■ 5. Amend § 80.1 by revising paragraph 

(a) to read as follows: 

§ 80.1 Basis and purpose. 

* * * * * 


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77220 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

(a) Basis. The rules for the maritime 

services in this part are promulgated 

under the provisions of the 

Communications Act of 1934, as 

amended, which vests authority in the 

Federal Communications Commission 

to regulate radio transmission and to 

issue licenses for radio stations. The 

rules in this part are in accordance with 

applicable statutes, international 

treaties, agreements and 

recommendations to which the United 

States is a party. The most significant of 

these documents are listed below with 

the short title appearing in parenthesis: 

(1) Communications Act of 1934, as 

amended—(Communications Act). 

(2) Communications Satellite Act of 

1962, as amended—(Communications 

Satellite Act). 

(3) International Telecommunication 

Union Radio Regulations, in force for 

the United States—(Radio Regulations). 

(4) International Convention for 

Safety of Life at Sea, 1974, as amended, 

and the Annex thereto—(Safety 

Convention). 

(5) Vessel Bridge-to-Bridge 

Radiotelephone Act—(Bridge-to-Bridge 

Act). 

* * * * * 

■ 6. Amend § 80.5 by revising 

paragraphs (3) and (6) of the definition 

of ‘‘Categories of ships’’ and revising the 

definition of ‘‘Great Lakes’’ to read as 

follows: 

§ 80.5 Definitions. 

* * * * * 

Categories of ships. * * * 

(3) The term passenger carrying 

vessel, when used in reference to Part 

III, Title III of the Communications Act 

or subpart T of this part, means any ship 

transporting more than six passengers 

for hire. 

* * * * * 

(6) Compulsory ship. Any ship which 

is required to be equipped with 

radiotelecommunication equipment in 

order to comply with the radio or radionavigation provisions of a treaty, statute, 

or subpart T of this part to which the 

vessel is subject. 

* * * * * 

Great Lakes. This term means all of 

Lakes Ontario, Erie, Huron (including 

Georgian Bay), Michigan, Superior, their 

connecting and tributary waters and the 

St. Lawrence River as far east as the 

lower exit of the St. Lambert Lock at 

Montreal in the Province of Quebec, 

Canada, but does not include any 

connecting and tributary waters other 

than: the St. Marys River, the St. Clair 

River, Lake St. Clair, the Detroit River 

and the Welland Canal. 

* * * * * 

■ 7. Amend § 80.59 by revising 

paragraphs (a) introductory text, (a)(1) 

introductory text, (b), and (c)(1) 

introductory text to read as follows: 

§ 80.59 Compulsory ship inspections. 

(a) Inspection of ships subject to part 

II or III of title III of 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 part II or III of title III 

of Communications Act or the Safety 

Convention. 

* * * * * 

(b) Inspection and certification of a 

ship subject to subpart T of this part. 

The FCC will not inspect vessels that 

are subject to subpart T of this part. An 

inspection and certification of a ship 

subject to subpart T of this part must be 

made by a technician holding one of the 

following: an FCC General 

Radiotelephone Operator License, a 

GMDSS Radio Maintainer’s License, a 

Second Class Radiotelegraph Operator’s 

Certificate, a First Class Radiotelegraph 

Operator’s Certificate, or a 

Radiotelegraph Operator License. The 

certification required by § 80.953 must 

be entered into the ship’s log. The 

technician conducting the inspection 

and providing the certification must not 

be the vessel’s owner, operator, master, 

or an employee of any of them. 

Additionally, the vessel owner, 

operator, or ship’s master must certify 

that the inspection was satisfactory. 

There are no FCC prior notice 

requirements for any inspection under 

this section. 

(c) * * * 

(1) Applications for exemption from 

the radio provisions of part II or III of 

title III of the Communications Act, the 

Safety Convention, or subpart T of this 

part, or for modification or renewal of 

an exemption previously granted must 

be filed as a waiver request using FCC 

Form 605. Waiver requests must include 

the following information: 

* * * * * 

■ 8. Revise § 80.161 to read as follows: 

§ 80.161 Operator requirements for 

subpart T vessels on the Great Lakes. 

Each ship subject to subpart T of this 

part must have on board an officer or 

member of the crew who holds a marine 

radio operator permit or higher class 

license. 

■ 9. Amend § 80.308 by revising the 

section heading and paragraph (a) 

introductory text to read as follows: 

§ 80.308 Watch required for subpart T 

vessels on the Great Lakes. 

(a) Each ship of the United States that 

is equipped with a radiotelephone 

station for compliance with subpart T of 

this part must when underway keep a 

watch on: 

* * * * * 

■ 10. Revise § 80.401 to read as follows: 

§ 80.401 Station documents requirement. 

Licensees of radio stations are 

required to have current station 

documents as indicated in the following 

table: 

BILLING CODE 6712–01–P 


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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77221 

BILLING CODE 6712–01–C 

Notes: 1. The expired station license 

must be retained in the station records 

until the first Commission inspection 

after the expiration date. 

2. Alternatively, a list of coast stations 

maintained by the licensee with which 

communications are likely to be 

conducted, showing watch-keeping 

hours, frequencies and charges, is 

authorized. 

3. Required only if station provides a 

service to ocean-going vessels. 

4. Certification of a Great Lakes 

inspection may be made by either a log 

entry or issuance of a Great Lakes 

certificate. The ship’s radiotelephone 

logs containing entries certifying that a 

Great Lakes safety inspection has been 

conducted must be retained on board 

and available for inspection until the 

next radio inspection. 

5. The requirements for having the 

GMDSS Master Plan, NGA Publication 

117, Admiralty List of Radio Signals or 

IMO Circ. 7 are satisfied by having any 

one of those four documents. 

■ 11. Amend § 80.409 by revising 

paragraphs (f)(1) introductory text and 

(f)(2) introductory text and paragraph 

(f)(2)(v) to read as follows: 

§ 80.409 Station logs. 

* * * * * 

(f) * * * 

(1) Radiotelephony stations subject to 

part II or III of title III of the 

Communications Act and/or the Safety 

Convention must record entries 

indicated by paragraphs (e)(1) through 

(13) 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. 

* * * * * 


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77222 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

(2) Radiotelephony stations subject to 

subpart T of this part and the Bridge-toBridge Act must record entries indicated 

by paragraphs (e)(1), (3), (5), (6), (7), (8), 

(10), (11), and (13) 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: 

* * * * * 

(v) The inspector’s signed and dated 

certification that the vessel meets the 

requirements for certain vessels 

operating in the Great Lakes and of the 

Bridge-to-Bridge Act contained in 

subparts T and U of this part and has 

successfully passed the inspection; and 

* * * * * 

■ 12. Amend § 80.411 by revising 

paragraph (b) to read as follows: 

§ 80.411 Vessel certification or exemption. 

* * * * * 

(b) Posting. Part II or III of Title III of 

the Communications Act, Safety 

Convention, and Great Lakes certificates 

or exemptions must be posted in a 

prominent, accessible place in the ship. 

Ships subject to subpart T of this part 

may, in lieu of a posted certificate, 

certify compliance in the station log 

required by § 80.409(f). 

■ 13. Revise subpart T to read as 

follows: 

Subpart T—Radiotelephone Installation 

Required for Vessels on the Great Lakes 

Sec. 

80.951 Applicability. 

80.953 Inspection and certification. 

80.955 Radiotelephone installation. 

80.956 Required frequencies and uses. 

80.957 Principal operating position. 

80.959 Radiotelephone transmitter. 

80.961 Radiotelephone receiver. 

80.963 Main power supply. 

80.965 Reserve power supply. 

80.967 Antenna system. 

80.969 Illumination of operating controls. 

Subpart T—Radiotelephone 

Installation Required for Vessels on 

the Great Lakes 

§ 80.951 Applicability. 

The rules in this subpart apply to 

vessels of all countries when navigated 

on the Great Lakes. The Great Lakes are 

defined as all waters of Lakes Ontario, 

Erie, Huron (including Georgian Bay), 

Michigan, Superior, their connecting 

and tributary waters and the River St. 

Lawrence as far east as the lower exit of 

the St. Lambert Lock at Montreal in the 

Province of Quebec, Canada, but do not 

include any connecting and tributary 

waters except the St. Marys River, the 

St. Clair River, Lake St. Clair, the Detroit 

River and the Welland Canal. A vessel 

that falls into a category specified in 

paragraph (a), (b), or (c) of this section 

and is not excepted by paragraph (d) or 

(e) of this section must comply with this 

subpart while navigated on the Great 

Lakes. 

(a) Every vessel 20 meters (65 feet) or 

over in length (measured from end to 

end over the deck, exclusive of sheer). 

(b) Every vessel engaged in towing 

another vessel or floating object, except: 

(1) Where the maximum length of the 

towing vessel, measured from end to 

end over the deck exclusive of sheer, is 

less than 8 meters (26 feet) and the 

length or breadth of the tow, exclusive 

of the towing line, is less than 20 meters 

(65 feet); 

(2) Where the vessel towed complies 

with this subpart; 

(3) Where the towing vessel and tow 

are located within a booming ground (an 

area in which logs are confined); or 

(4) Where the tow has been 

undertaken in an emergency and neither 

the towing vessel nor the tow can 

comply with this part 

(c) Any vessel carrying more than six 

passengers for hire. 

(d) The requirements of this subpart 

do not apply to: 

(1) Ships of war and troop ships; 

(2) Vessels owned and operated by 

any national government and not 

engaged in trade. 

(e) The Commission may if it 

considers that the conditions of the 

voyage or voyages affecting safety 

(including but not necessarily limited to 

the regularity, frequency and nature of 

the voyages, or other circumstances) are 

such as to render full application of the 

rules of this subpart unreasonable or 

unnecessary, exempt partially, 

conditionally or completely, any 

individual vessel for one or more 

voyages or for any period of time not 

exceeding one year. 

§ 80.953 Inspection and certification. 

(a) Each U.S. flag vessel subject to this 

subpart must have an inspection of the 

required radiotelephone installation at 

least once every 48 months. This 

inspection must be made while the 

vessel is in active service or within not 

more than one month before the date on 

which it is placed in service. 

(b) An inspection and certification of 

a ship subject to this subpart must be 

made by a technician holding one of the 

following: a General Radiotelephone 

Operator License, a GMDSS Radio 

Maintainer’s License, a Radiotelegraph 

Operator License, a Second Class 

Radiotelegraph Operator’s Certificate, or 

a First Class Radiotelegraph Operator’s 

Certificate. Additionally, the technician 

must not be the vessel’s owner, 

operator, master, or an employee of any 

of them. The results of the inspection 

must be recorded in the ship’s 

radiotelephone log and include: 

(1) The date the inspection was 

conducted; 

(2) The date by which the next 

inspection needs to be completed; 

(3) The inspector’s printed name, 

address, class of FCC license (including 

the serial number); 

(4) The results of the inspection, 

including any repairs made; and 

(5) The inspector’s signed and dated 

certification that the vessel meets the 

requirements contained in this subpart 

and the Bridge-to-Bridge Act contained 

in subpart U of this part and has 

successfully passed the inspection. 

(c) The vessel owner, operator, or 

ship’s master must certify that the 

inspection required by paragraph (b) of 

this section was satisfactory. 

(d) The ship’s radiotelephone logs 

containing entries certifying that a Great 

Lakes safety inspection has been 

conducted must be retained on board 

and available for inspection until the 

next radio inspection. 

§ 80.955 Radiotelephone installation. 

(a) Each U.S. flag vessel of less than 

38 meters (124 feet) in length while 

subject to this subpart must have a 

radiotelephone meeting the provisions 

of this subpart in addition to the other 

rules in this part governing ship stations 

using telephony. 

(b) Each U.S. flag vessel of 38 meters 

(124 feet) or more in length while 

subject to this subpart must have a 

minimum of two VHF radiotelephone 

installations in operating condition 

meeting the provisions of this subpart. 

The second VHF installation must be 

electrically separate from the first VHF 

installation. However, both may be 

connected to the main power supply 

provided one installation can be 

operated from a separate power supply 

located as high as practicable on the 

vessel. 

(c) This paragraph does not require or 

prohibit the use of other frequencies for 

use by the same ‘‘radiotelephone 

installation’’ for communication 

authorized by this part. 

§ 80.956 Required frequencies and uses. 

(a) Each VHF radiotelephone 

installation must be capable of 

transmitting and receiving G3E emission 

as follows: 

(1) Channel 16—156.800 MHz— 

Distress, Safety and Calling; and 

(2) Channel 6—156.300 MHz— 

Primary intership. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77223 

(b) The radiotelephone station must 

have additional frequencies as follows: 

(1) Those ship movement frequencies 

appropriate to the vessel’s area of 

operation: Channel 11—156.550 MHz, 

Channel 12—156.600 MHz, or Channel 

14—156.700 MHz. 

(2) The navigational bridge-to-bridge 

frequency, 156.650 MHz (channel 13). 

(3) Such other frequencies as required 

for the vessel’s service. 

(4) One channel for receiving marine 

navigational warnings for the area of 

operation. 

(c) Every radiotelephone station must 

include one or more transmitters, one or 

more receivers, one or more sources of 

energy and associated antennas and 

control equipment. The radiotelephone 

station, exclusive of the antennas and 

source of energy, must be located as 

high as practicable on the vessel, 

preferably on the bridge, and protected 

from water, temperature, and electrical 

and mechanical noise. 

§ 80.957 Principal operating position. 

(a) The principal operating position of 

the radiotelephone installation must be 

on the bridge, convenient to the conning 

position. 

(b) When the radiotelephone station is 

not located on the bridge, operational 

control of the equipment must be 

provided at the location of the 

radiotelephone station and at the bridge 

operating position. Complete control of 

the equipment at the bridge operating 

position must be provided. 

§ 80.959 Radiotelephone transmitter. 

(a) The transmitter must be capable of 

transmission of G3E emission on the 

required frequencies. 

(b) The transmitter must deliver a 

carrier power of between 10 watts and 

25 watts into 50 ohms nominal 

resistance when operated with its rated 

supply voltage. The transmitter must be 

capable of readily reducing the carrier 

power to one watt or less. 

(c) To demonstrate the capability of 

the transmitter, measurements of 

primary supply voltage and transmitter 

output power must be made with the 

equipment operating on the vessel’s 

main power supply, as follows: 

(1) The primary supply voltage 

measured at the power input terminals 

to the transmitter terminated in a 

matching artificial load, must be 

measured at the end of 10 minutes of 

continuous operation of the transmitter 

at its rated power output. 

(2) The primary supply voltage, 

measured in accordance with the 

procedures of this paragraph, must be 

not less than 11.5 volts. 

(3) The transmitter at full output 

power measured in accordance with the 

procedure of this paragraph must not be 

less than 10 watts. 

§ 80.961 Radiotelephone receiver. 

(a) The receiver must be capable of 

reception of G3E emission on the 

required frequencies. 

(b) The receiver must have a 

sensitivity of at least 2 microvolts across 

50 ohms for a 20 decibel signal-to-noise 

ratio. 

§ 80.963 Main power supply. 

(a) A main power supply must be 

available at all times while the vessel is 

subject to the requirements of this 

subpart. 

(b) Means must be provided for 

charging any batteries used as a source 

of energy. A device which during 

charging of the batteries gives a 

continuous indication of charging 

current must be provided. 

§ 80.965 Reserve power supply. 

(a) Each passenger vessel of more than 

100 gross tons and each cargo vessel of 

more than 300 gross tons must be 

provided with a reserve power supply 

independent of the vessel’s normal 

electrical system and capable of 

energizing the radiotelephone 

installation and illuminating the 

operating controls at the principal 

operating position for at least 2 

continuous hours under normal 

operating conditions. When meeting 

this 2-hour requirement, such reserve 

power supply must be located on the 

bridge level or at least one deck above 

the vessel’s main deck. 

(b) Instead of the independent power 

supply specified in paragraph (a) of this 

section, the vessel may be provided 

with an auxiliary radiotelephone 

installation having a power source 

independent of the vessel’s normal 

electrical system. Any such installation 

must comply with §§ 80.955, 80.956, 

80.957, 80.959, 80.961, 80.969 and 

80.971, as well as the general technical 

standards contained in this part. 

Additionally, the power supply for any 

such auxiliary radiotelephone must be a 

‘‘reserve power supply’’ for the 

purposes of paragraphs (c), (d) and (e) 

of this section. 

(c) Means must be provided for 

adequately charging any batteries used 

as a reserve power supply for the 

required radiotelephone installation. A 

device must be provided which, during 

charging of the batteries, gives a 

continuous indication of charging. 

(d) The reserve power supply must be 

available within one minute. 

(e) The station licensee, when 

directed by the Commission, must prove 

by demonstration as prescribed in 

paragraphs (e)(1), (2), (3), and (4) of this 

section that the reserve power supply is 

capable of meeting the requirements of 

paragraph (a) of this section as follows: 

(1) When the reserve power supply 

includes a battery, proof of the ability of 

the battery to operate continuously for 

the required time must be established by 

a discharge test over the required time, 

when supplying power at the voltage 

required for normal operation to an 

electric load as prescribed by paragraph 

(e)(3) of this section. 

(2) When the reserve power supply 

includes an engine driven generator, 

proof of the adequacy of the engine fuel 

supply to operate the unit continuously 

for the required time may be established 

by using as a basis the fuel consumption 

during a continuous period of one hour 

when supplying power, at the voltage 

required for normal operation, to an 

electrical load as prescribed by 

paragraph (e)(3) of this section. 

(3) For the purposes of determining 

the electrical load to be supplied, the 

following formula must be used: 

(i) One-half of the current of the 

radiotelephone while transmitting at its 

rated output, plus one-half the current 

while not transmitting; plus 

(ii) Current of the required receiver; 

plus 

(iii) Current of the source of 

illumination provided for the operating 

controls prescribed by § 80.969; plus 

(iv) The sum of the currents of all 

other loads to which the reserve power 

supply may provide power in time of 

emergency or distress. 

(4) At the conclusion of the test 

specified in paragraphs (e)(1) and (2) of 

this section, no part of the reserve 

power supply must have excessive 

temperature rise, nor must the specific 

gravity or voltage of any battery be 

below the 90 percent discharge point. 

§ 80.967 Antenna system. 

The antenna must be omnidirectional, 

vertically polarized and located as high 

as practicable on the masts or 

superstructure of the vessel. 

§ 80.969 Illumination of operating controls. 

(a) The radiotelephone must have dial 

lights which illuminate the operating 

controls at the principal operating 

position. 

(b) Instead of dial lights, a light from 

an electric lamp may be provided to 

illuminate the operating controls of the 

radiotelephone at the principal 

operating position. If a reserve power 

supply is required, arrangements must 

permit the use of that power supply for 

illumination within one minute. 


ddrumheller on DSK120RN23PROD with RULES1
77224 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

§ 80.971 Test of radiotelephone 

installation. 

At least once during each calendar 

day a vessel subject to this subpart must 

test communications on 156.800 MHz to 

demonstrate that the radiotelephone 

installation is in proper operating 

condition unless the normal daily use of 

the equipment demonstrates that this 

installation is in proper operating 

condition. If equipment is not in 

operating condition, the master must 

have it restored to effective operation as 

soon as possible. 

■ 14. Revise § 80.1005 to read as 

follows: 

§ 80.1005 Inspection of station. 

The bridge-to-bridge radiotelephone 

station will be inspected on vessels 

subject to regular inspections pursuant 

to the requirements of Parts II and III of 

Title III of the Communications Act, the 

Safety Convention, or subpart T of this 

part at the time of the regular 

inspection. If after such inspection, the 

Commission determines that the Bridgeto-Bridge Act, the rules of the 

Commission and the station license are 

met, an endorsement will be made on 

the appropriate document. The validity 

of the endorsement will run 

concurrently with the period of the 

regular inspection. Each vessel must 

carry a certificate with a valid 

endorsement while subject to the 

Bridge-to-Bridge Act. All other bridgeto-bridge stations will be inspected from 

time-to-time. An inspection of the 

bridge-to-bridge station on a vessel 

subject to subpart T of this part must 

normally be made at the same time as 

the inspection required under subpart T 

of this part and must be conducted by 

a technician holding one of the 

following: a General Radiotelephone 

Operator License, a GMDSS Radio 

Maintainer’s License, a Radiotelegraph 

Operator License, a Second Class 

Radiotelegraph Operator’s Certificate, or 

a First Class Radiotelegraph Operator’s 

Certificate. Additionally, the technician 

must not be the vessel’s owner, 

operator, master, or an employee of any 

of them. Ships subject to the Bridge-toBridge Act may, in lieu of an endorsed 

certificate, certify compliance in the 

station log required by section 80.409(f). 

■ 15. Amend § 80.1065 by revising 

paragraph (b) to read as follows: 

§ 80.1065 Applicability. 

* * * * * 

(b) The requirements of this subpart 

do not modify the requirements for 

ships navigated on the Great Lakes or 

small passenger boats. The requirements 

contained in subpart T of this part 

continue to apply. The requirements 

contained in part III of title III of the 

Communications Act continue to apply 

(see subpart S of this part). 

* * * * * 

[FR Doc. 2023–24678 Filed 11–8–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 52 

[FAC 2023–06; FAR Case 2020–011; Item 

I; Docket No. FAR–2020–0011, Sequence 

No. 1] 

RIN 9000–AO13 

Federal Acquisition Regulation: 

Implementation of Federal Acquisition 

Supply Chain Security Act (FASCSA) 

Orders; Correction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule, correction. 

SUMMARY: DoD, GSA, and NASA are 

issuing an interim rule amending the 

Federal Acquisition Regulation (FAR) to 

implement supply chain risk 

information sharing and exclusion or 

removal orders consistent with the 

Federal Acquisition Supply Chain 

Security Act of 2018 and a final rule 

issued by the Federal Acquisition 

Security Council. 

DATES: Effective date: December 4, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Marissa Ryba, Procurement Analyst, at 

314–586–1280 or by email at 

Marissa.Ryba@gsa.gov. For information 

pertaining to status, publication 

schedules, or alternate instructions for 

submitting comments if https://

www.regulations.gov cannot be used, 

contact the Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAC 

2023–06, FAR Case 2020–011. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA are correcting amendatory 

instructions under part 52, for sections 

52.212–5, 52.213–4 and 52.244–6. 

In the FR Doc. 2023–21320, published 

in the Federal Register at 88 FR 69503– 

69517 in the issue of October 5, 2023, 

make the following corrections: 

52.212–5 [Corrected] 

■ 1. On pages 69516–69517, amendatory 

instruction 12 and the associated added 

and revised text, are corrected to read: 

■ 12. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (a)(2) 

‘‘Lab and Other Covered Entities (NOV 

2021)’’ and adding ‘‘Lab Covered 

Entities (DEC 2023)’’ in its place; 

■ c. Redesignating paragraphs (b)(10) 

through (65) as paragraphs (b)(12) 

through (67) and adding new paragraphs 

(b)(10) and (11); 

■ d. Removing from paragraph (e)(1)(iv) 

‘‘Lab and Other Covered Entities (NOV 

2021)’’ and adding ‘‘Lab Covered 

Entities (DEC 2023)’’ in its place; 

■ e. Redesignating paragraphs (e)(1)(vii) 

through (xxv) as paragraphs (e)(1)(viii) 

through (xxvi) and adding a new 

paragraph (e)(1)(vii); 

■ f. In Alternate II— 

■ i. Revising the date; 

■ ii. Removing from paragraph 

(e)(1)(ii)(D) ‘‘Lab and Other Covered 

Entities (NOV 2021)’’ and adding ‘‘Lab 

Covered Entities (DEC 2023)’’ in its 

place; and 

■ iii. Redesignating paragraphs 

(e)(1)(ii)(G) through (X) as paragraphs 

(e)(1)(ii)(H) through (Y) and adding a 

new paragraph (e)(1)(ii)(G). 

The revisions and additions read as 

follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders-Commercial Products and 

Commercial Services. 

* * * * * 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders— 

Commercial Products and Commercial 

Services (DEC 2023) 

(b) * * * 

l (10) 52.204–28, Federal Acquisition 

Supply Chain Security Act Orders—Federal 

Supply Schedules, Governmentwide 

Acquisition Contracts, and Multi-Agency 

Contracts. (DEC 2023) (Pub. L. 115–390, title 

II). 

l (11)(i) 52.204–30, Federal Acquisition 

Supply Chain Security Act Orders— 

Prohibition. (DEC 2023) (Pub. L. 115–390, 

title II). 

l (ii) Alternate I (DEC 2023) of 52.204–30. 

* * * * * 

(e)(1) * * * 

(vii)(A) 52.204–30, Federal Acquisition 

Supply Chain Security Act Orders— 

Prohibition. (DEC 2023) (Pub. L. 115–390, 

title II). 

(B) Alternate I (DEC 2023) of 52.204–30. 

* * * * * 

Alternate II. (DEC 2023) * * * 

(e)(1) * * * 

(ii) * * * 

(G)(1) 52.204–30, Federal Acquisition 

Supply Chain Security Act Orders— 


ddrumheller on DSK120RN23PROD with RULES1