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SA FE TY OF LIFE AT

H E A R I N G

BEFORE THE

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SUBCOMMITTEE ON COMMUNICATIONS 

AND POWER

OF TH E

COMMITTEE ON

INT ERSTA TE AND FOR EIGN COMMERCE 

HOUSE OF REPRESENTATIV ES

EIGH TY -N IN TH CONGRESS

FIRS T SESSION

ON

H.R. 7954

A BI LL TO AME ND TH E COMMUNICATIONS ACT OF 1934 TO 

CONFORM TO TH E CONVENT ION FO R TH E SAFETY OF LIF E 

AT SEA, LONDON (I960)

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MAY 19, 1965

P ri nte d fo r th e use of the 

Comm ittee on In te rs ta te an d Fo rei gn Com merce

Serial No. 89-9

4«-32<i

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1965
f t - -

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

O REN H AR RIS , Arkansas, Chairman

H A R L E Y O. ST AGGERS, West Virginia

W A L T E R RO GE RS , Texas

S A M V E L N. FR IE DEL, Maryla nd

T O R B E R T H. M ACD ON ALD, Massachusetts

JO HN JA RM AN , Oklahoma

LE O W. O’ BRI EN , New York

JO HN E. MO SS, California

JOHN D. DIN G ELL, Michigan

P A U L G. RO GE RS , Florida

H O RACE R. K O R N EG AY, North Carolina

LIO N E L VAN D EERLIN , California

J. J. P IC K L E , Texas

FR ED B. ROONEY , Pennsylvania

JO HN M. M U RPH Y, New York

D A VID E. SA T T E R FIE LD III, Virginia

D A N IE L J. RO NAN , Illinois

J. O LI VA HUO T, New Hampshire

JA M ES A. M A C K A Y , Georgia

JO HN J. G IL LIG AN , Ohio

C H A R LE S P. FA R N SLEY, Kentucky

JOHN B E L L W IL LI AM S, Mississippi

W IL LI AM L. SPR IN G ER , Illinois 

J. ARTH U R YO U N G ER, California 

SA M U EL L. DEVIN E, Ohio 

A N CH ER NELS EN , Minnesota 

HAS TI NGS KEIT H , Massachusetts 

W IL LA RD S. CU R TIN , Pennsylvania 

G LEN N CU N NIN G H AM , Nebraska 

JA MES T. BR O YH IL L, North Carolina 

JA MES H A R V E Y, Michig an 

TI M LE E C A R T E R , Kentucky 

HOW AR D H. C A L L A W A Y , Georgia

W. E, Williamson, Clerk

Kenneth J. Pain ter, Assistant Clerk

Professional Staff

A ndrew Stev enson Jam es M. M en ge r, Jr.

K urt Borchardt William J. D ixon

S u bcom m it tee on C om m u nic a ti o n s an d P o w er

W A L T E R ROGERS, Texas, Chairman

JO HN E. MO SS, California J. AR T H U R YO U N G E R , California

H O R ACE R. KO R N EG AY, North Caro lina JA MES T. BR O YH IL L, North Carolina 

LIO N E L V A N D EERLIN , California JA MES H A R V E Y , Michigan

FR E D B. ROONEY, Pennsylvania

JO HN M. M U RPH Y, New Yor k

II
C O N T E N T S

Pag*

Text of H.R . 7954________________________________________________ 1

Letter from Hon. E. William Henry, Chairman, Federal Communications

Commission, tran smitting explana tion of proposed legislation________ 6

Rep ort of—

Navy Depar tment____________________________________________

Sta te De partm ent____________________________________________

Sta tem ent of—

Bartley, Hon. Robert T., Commissioner, Federal Communications

CO CO

Commission_______________________________________________ 10

Henry, Evere tt G., Chief, Marine and Radio Division, Bureau of

Safety and Special Radio Services, Federal Communications Commission___________________________________________________ 10

Phillips, Edward C., American Merchant Marine In stitut e_________ 14

in

SAFETY OF LIFE AT SEA

WEDNESDAY, MAY 19, 1965

H o u se o f R e pr e se n t a t iv e s,

S u bco m m it tee on C om m unic ati ons

an d P o w er of t h e C om m it te e on I n ter sta te

an d F o r eig n C om m er ce ,

Washington, D.C.

The subcommittee met at 10 a.m., pursu ant to call, in room 2218, 

Rayburn House Office Building, Hon. Walter Rogers of Texas (chairman of the subcommittee) presiding.

Mr. R og er s of Texas. The Subcommittee on Communications 

and Power will come to order for the consideration of business scheduled for this morning’s hearing. The subcommittee this morning is holding a hearing on the bill 

H.R. 7954, introduced by the chairman of our full committee at the 

request of the the Federal Communications Commission.

The legislation is designed to amend the Communications Act of 1934 to give full and complete effect to the Convention for Safety 

of Life at Sea. This convention was formulated in London in 1960. 

The objective of the convention is to strengthen international safety 

requirements and in so doing to take into account the lessons learned 

as a result of the collision between the Andrea Doria and the Stockholm which took place in 1956. The convention was ratified by the U.S. Senate on April 12, 1962, 

and pursu ant to its terms, the convention will come into force on 

May 26, 1965. The convention requires the contracting governments, including 

the United States, to undertake the enactment of such laws as may 

be necessary to give the convention full and complete effect.

This then is the purpose of the legislation before the subcommittee.

At this point in the record there will be included copies of the bill 

and the Executive Communication No. 1004, which contains a letter 

from Chairman Henry to Speaker McCormack, and an explanation 

of the provisions of the dra ft bill.

(The information referred to follows:)

[H .R . 7954, 89th Cong., 1st sess.]

A BI LL To amend the Com mun ications A ct of 1934 to conform t o the Conven tion for the Safety of Life at Sea, London (1960)

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled, That section 3 of the Communications Act of 

1934, as amended (47 U.S.C. 153), is amended as follows: (1) Subsection (w) is amended by adding the following new paragraph at the 

end thereof: “(5) ‘Nuclear ship’ means a ship provided with a nuclear powerplant.”

(2) Subsection (x) is amended to read as follows: “(x) ‘Radiotelegraph auto alarm’ on a ship of the United States subject to the provisions of part II of title II I of this Act means an automatic alarm receiving

1
2 SA FE TY OF LIF E AT SEA

apparat us which responds to the radiotelegraph alarm signal and has been approved by the Commission. ‘Radiotelegraph auto alarm’ on a foreign ship 

mea ns an automatic alarm receiving app ara tus which responds to the radiotele graph alarm signal a nd has been approved by the government of the country 

in which the ship is registered: Provided, Th at the United States and t he country 

in which the ship is registered are parties to the same tre aty , convention, or 

agreement prescribing the requiremen ts for such app aratus. Nothing in this 

Act or in any other provision of law shall be construed to require the recognition 

of a radiotelegraph auto alarm as complying with part II of title II I of this Act, 

on a foreign ship subject to such part, where the country in which the ship is 

registered and the United Sta tes are not parties to the same treaty, convention, 

or agreement prescribing the requirem ents for such apparatus.”

(3) Subsection (y) is ame nded to read as follows:

“ (y) (1) ‘Operator’ on a ship of the United States means, for the purpose of 

parts II a nd I II of title II I of th is Act, a person holding a radio operator’s license 

of the proper class as prescribed and issued by the Commission.

“(2) ‘Operato r’ on a foreign ship means, for the purpose of part II of title II I 

of this Act, a person holding a certificate as such of the proper class complying 

with the provisions of the radio regulations annexed to the Internatio nal Telecomm unication Convention in force, or complying with an agreement or treaty 

between the United States and the country in which the ship is registered.”

(4) (A) Subsections (aa) thro ugh (dd) are redesignated as subsections (bb) 

through (ee), respectively; (B) subsections (ee) and (ff) are repealed; (C) subsection (gg) is redesignated as subsection (ff); (I)) subsection (z) is redesignated 

as subsection (aa); and (E) the following new subsection is inserted immediately 

after subsection (y) :

“ (z)(l) ‘Radio officer’ on a ship of the United States means, for the purpose 

of p art II of title III of th is Act, a person holding at least a first or second class 

radio teleg raph operator’s license as prescribed and issued by the Commission. 

When such person is employed to operate a radiotelegraph station aboard a ship 

of the United States, he is also required to be licensed as a ‘radio officer’ in accordance with the Act of May 12, 1948 (46 U.S.C. 229a-h).

“ (2) ‘Radio officer’ on a foreign ship means, for the purpose of p art II of t itle 

II I of this Act, a person holding at least a first or second class radiotelegraph 

opera tor’s certificate complying with the provisions of the radio regulations 

annexed to the Internatio nal Telecommunication Convention in force.”

Sec. 2. (a) The heading of section 351 of t he Communications Act of 1934 is 

amended to read as follows: “ship radio stations and operations”.

(b) Subsection (a) of such section 351 is amended to read as follows:

“ (a) Except as provided in section 352 hereof it shall be unlawful—

“(1) For any ship of the United States, other th an a cargo ship of less than 

three hundred gross tons, to be navigated in the open sea outside of a harbor 

or port, or for any ship of the United States or any foreign country, other 

than a cargo ship of less th an three hundred gross tons, to leave or attem pt 

to leave any harbor or port of the United States for a voyage in the open 

sea, unless such ship is equipped with an efficient radio station in operating 

condition, as specified by subparagraph s (A) and (B) of this paragraph, in 

charge of and operated by one or more radio officers or operators, adequately 

installed and protected so as to insure proper operation, and so as not to 

endanger th e shm and radio station as hereinafter provided, and, in the case 

of a ship of the United S tates, unless there is on board a valid station license 

issued in accordance with t his Act.

“(A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross ton s and upward shall be equipped with a radiotelegraph station complying with t he provisions of this part ;

“ (B) Cargo ships of three hundred gross tons and upward but less 

than one thou sand six hundred gross tons, unless e quipped with a radiotelegraph station com plying with the provisions of this part, shall be 

equipped with a radioteleph one station complying with th e provisions of 

this part

“ (2) For any ship of the United States of one thousand six hundred gross 

tons and upward to be navigated in the open sea o utside of a harb or or port, 

or for any such ship of the United States or any foreign cou ntry to leave or 

attempt to leave any harbor or port of the United States for a voyage in the 

open sea, unless such ship is equipped with efficient radio direction finding 

app ara tus approved by the Commission, properly adjusted in operating 

condition as herein after p rovided.”
SAFETY OF LIFE AT SEA 3

Sec . 3. (a) Subsection fa) of section 352 of the Communications Act of 1934 is amended by striking o ut parag rap h (6) and inserting after par agr aph (5) thereof 

the following new paragraphs: “ (6) A ship n avigating solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a ship leaving or atte mp ting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected w aters within the jurisdiction of th e United States; “ (7) A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a stra ight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the nor th side of Anticosti Island, the sixty-third meridian, or to a ship leaving or attem pting to leave any harbor or port of the United S tates for a voyage solely on such waters and w ithin such area; “(8) A ship which is nav igated during the course of a voyage both on the Great Lakes of N orth America and in the open sea, during the period while such ship is being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of th e Saint Lam bert 

lock a t Mon treal in the Province of Quebec, Canad a.” (b) Subsection (b) of such section 352 is amended by striking out all through 

para graph (1) and inserting in lieu thereof the following: “(b) Except for nuclear ships, the Commission may, if it considers that the route or the conditions of th e voyage or other circumstances are such as to render a radio s tati on unreasonable or unnecessary for the purposes of this part, exempt from the provisions of this part any ship or class of ships which falls within any 

of the following descriptions: “ (1) Passenger ships which in the course of their voyage do not go more than twe nty nautical miles from the nearest land or, alternativ ely, do not go more tha n two hundred nautical miles between two consecutive po rts;” (c) Such section 352 is furth er amended by adding at the end thereof the 

following new subsection: “ (d) Excep t for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Commission may exempt from the requirements, for radio direction finding appar atus, of th is part and of the Safety Convention, any ship which falls within the descriptions set forth in paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that tin* route or conditions of t he voyage or other circumstances are such as to render such apparatus unreasonable or unnecessary.”

S e c. 4. Section 353 of the Comm unications Act of 1934 is amended to read 

as follows:

“ r a dio o f f ic e r s, w a tc h es, a u to al arm -r a d io te leg r a ph e q u ip p e d s h ip s

“ S ec. 353. (a) Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safe ty purposes, carry at least two radio officers. “(b) A cargo ship which in accordance with this part is equipped with a radio­ tele graph station, which is equipped with a radiotelegraph auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months’ previous service in the aggregate as a radio officer in a station on board 

a ship or ships of the United States. “(c) Each ship of the United States which in accordance with this part is equipped with a radio teleg raph station shall, while being navigated in the open sea outside of the harb or or por t, keep a continuous watch by means of radio officers whenever the station is not being used for authorized traffic: Provided,

That, in lieu thereof, on a cargo ship equipped w ith a radio teleg raph auto alarm in proper operating condition, which of at least eight hours per day, in the aggregate, shall be maintaine d by mea ns of a radio officer. “(d) The Commission shall, when it finds it necessary for safety purposes, have autho rity to prescribe th e particular hours of watch on a ship of the United States which in accordance with this pa rt is equipped with a radio teleg raph station. “(e) On all ships of the United States equipped with a radiotelegraph auto alarm, said app ara tus shall be in operation at all times while the ship is being navigate d in the open sea outside of a harbor or port when the radio officer is not 

on watch.”

Se c. 5. Section 354 of the Communications Act of 1934 is amended to read as 

follows:
4 SAFETY OF LIFE AT SEA

“ O PE R A TO R S, W A TC H ES---- RADIO T E L E P H O N E E Q U IP P E D S H IP S

“Sec. 354. (a) Each cargo ship which in accordance with this pa rt is equipped 

with a radiotelephone station shall, for safety purposes, carry a t leas t one operator 

who may be the master, an officer, or a member of the crew.

“ (b) Each cargo ship of the United States which in accordance with this part 

is equipped with a radiotelephone station shall, while being navigate d in the open 

sea outside of a harbor or port, mainta in continuous watch whenever the station 

is not being used for authorized traffic.”

Sec. 6. Section 355 of the Communications Act of 1934 is amended to read 

as follows:

“ TEC H N IC A L R E Q U IR E M E N T S ---- R A D IO TE LEG R A PH E Q U IP P E D S H IP S

“Sec. 355. The radiotelegraph station and the radio direction finding a ppa ratu s 

required by section 351 of this pa rt shall comply with the following requ irements:

“ (a) The radiotelegraph station shall include a main installatio n and a reserve 

installation, electrically sep arate and electrically independ ent of each other: 

Provided, That, in installations on cargo ships of three hundred gross tons and 

upward but less than one thousand six hundred gross tons, and in installation s on 

cargo ships of one thousands six hundred gross tons and upward installed prior to 

November 19, 1952, if the main transm itter complies with all the requirements 

for the reserve tran smitter, the latte r may be omitte d.

“ (b) The radiotelegraph station shall be so located t ha t no harmfu l interference 

from extraneous mechanical or oth er noise will be caused to the proper reception 

of radio signals, and shall be placed in the u pper part of th e ship in a position of 

the greatest possible safe ty and as high as prac ticab le above the deepest load 

w aterline. The location of the radiotelegra ph operating room or rooms shall be 

approved by the Com man dant of the Coast Guard. The radiotelegraph insta llatio n shall be installed in such a position th at it will be pro tec ted against the 

harm ful effects of wate r or extrem es of temper ature and shall be readily accessible 

both for immediate use in case of distress and for repair.

“ (c) The radiotelegraph operating room shall be of sufficient size and of adequate ventilation to enable the main and reserve radiotelegraph insta llatio ns to 

be operate d efficiently, and shall not be used for any purpose which will interfere 

with the operation of the radiotelegraph station. The sleeping accomm odation 

of at least one radio officer shall be situated as near as prac ticable to the rad iotele graph operating room. In ships th e keels of which are laid on or afte r May 26, 

1965, this sleeping accommodation shall not be within the radio teleg raph opera ting room

“ (d) The main and reserve installations shall be capable of transm itting and 

receiving on the frequencies, and using the classes of emission, designated by th e 

Commission p ursuan t to law for t he purposes of distress and safety of navigation.

“ (e) The main and reserve insta llations shall, when connected to the main 

antenn a, have a minimum normal range of two hundred nau tical miles and one 

hundred n autical miles, respectively; t ha t is, they must be capable of transmitting 

and receiving clearly perceptible signals from ship to ship by day and under 

normal conditions and circumstances over the specified ranges.

“ (f) Sufficient electrical energy shall be available at all time s to operate the 

main installation over the normal range required by subsection (e) of this section 

as well as for the purpose of charging any batteries forming pa rt of the radiotelegraph station.

“ (g) The reserve installation shall include a source of electrical energy independen t of the propelling power of the ship and of any other electrical system 

and shall be capable of being pu t into operation rapidly and of working for at 

least six continuous hours. The reserve source of energy and its switchboard 

shall be as high as practicable in the ship and readily accessible to the radio officer.

“ (h) There shall be provided between the bridge of the ship and the radiotelegrap h operating room, and betw een the bridge and the location of the radio 

direction finding app aratus, when such appar atus is not located on the bridge, 

an efficient two-way7 system for calling and voice comm unication which shall be 

inde pendent of any other communication system in the ship.

“ (i) The radio direction finding appar tus shall be efficient and capable of 

receiving signals with the minimum of receiver noise and of taking bearings 

from which the true bearing and direction may be determined. It shall be 

capable of receiving signals in the radiotelegraph frequencies assigned by the 

radio regulations annexed to the internatio nal Telecomm unication Convention 

in force for the purposes of distress, direction finding, and m aritime radio beacons,
SA FE TY OF LIF E AT SE A 5

an d su ch oth er fre qu en cie s as th e Co mmiss ion m ay f or s af et y pu rp os es des ig na te .’’

Sec . 7. Se ction 356 of th e C om m un ic at io ns Act of 1934 is am en de d to re ad 

as fol low s:

“ T E C H N IC A L R E Q U IR E M E N T S — R A D IO T E L E P H O N E -E Q U IP P E D 

SH IP S

“ Sec. 356 . Cargo ships of th re e hu ndr ed gro ss to ns an d upw ar d bu t less th an 

one th ousa nd six hu nd re d gross to ns may , in lieu of th e ra dio te le gra ph st ati on pr es cr ibed by se ction 355, be eq ui pped with a ra di ot el ep ho ne sta ti o n co mplying 

w ith th e following re qu irem en ts: “ (a) T he ra di ot el ep ho ne sta ti o n sh al l be in th e up pe r p art of th e ship, so loca ted th a t it is sh el tere d to th e gre at es t possi ble ex te nt fro m noise wh ich mig ht im pa ir th e co rrec t re ce pt io n of me ssag es an d sig nals, an d, un les s su ch st ati on is 

si tu ate d on th e bridge , th er e sh al l be efficie nt co m m un ic at io n w ith th e bri dg e. “ (b) The ra di ot el ep ho ne in st all ati on shall be ca pa bl e of tr an sm it ti n g an d 

rece iving on th e fre qu en cie s, and us in g th e classe s of em iss ion, de sign at ed by th e Co mmiss ion purs uant to law for th e pu rp os es of di st re ss an d sa fe ty of na vi ga tion . “ (c) The ra di ot el ep ho ne in st al la tion shall ha ve a minim um nor m al ra ng e of one hu nd re d an d fif ty nau tica l mile s; th a t is, it sh all be ca pa bl e of tr ansm it ti ng an d rece iv ing cle arly pe rc ep tib le sign als fro m ship to ship by day and un de r no rm al 

co nd itio ns an d circ um stan ce s ov er th is rang e. “ (d) The re sh all be av ai la bl e a t all tim es a main source of elec tri ca l en ergy suffi cie nt to op er at e th e in st al la tion ov er th e no rm al r an ge req uir ed by su bs ec tio n 

(c) of th is secti on . If batt eri es ar e pr ov id ed th ey sh all ha ve suffi cien t ca pac ity to op er at e th e t ra nsm it te r a nd re ce iv er fo r at l ea st six co nt in uo us h ou rs u nd er no rm al working co nd iti on s. In in st al la ti ons mad e on or af te r N ov em be r 19, 1952, a re se rv e so ur ce of elec tri ca l en er gy sh al l be pr ov id ed in th e up per p a rt of th e ship 

un les s th e main so urce of en er gy is so si tu ate d .”

Sec . 8. Se cti on 357 of th e C om m un ic at io ns Act of 1934 is am en de d to re ad as 

follow s:

“ su rv iv al craft

“ S ec. 357 . Eve ry sh ip re qui re d to be pr ov id ed w ith su rv iv al cr af t radio by 

tr e a ty to which th e United S ta te s is a par ty , by sta tu te , or by re gu latio n mad e in co nf or m ity w ith a tr eaty , co nv en tion , or s ta tu te , sh al l be f itte d w ith efficie nt radi o eq uip m en t ap pro pri at e to su ch re quir em en t und er su ch rules an d regu latio ns as 

th e C om miss ion may find n ec es sa ry for s af et y of life. For p ur po se s of t hi s section, 

‘rad io equip m ent’ sh al l in clud e port able as well as non port ab le ap p ara tu s. ”

S ec . 9. Su bs ec tio n (a) of se ct io n 359 of th e Com m un ic at io ns Ac t of 1934 is 

am en de d to re ad as follow s: “ (a) T he m as te r of ev er y sh ip of th e United S ta te s, eq uipp ed w ith radio tr an s­ m itting appara tu s which mee ts w ith da ng erou s ice, a da ng erou s de relic t, a trop ic st or m , or an y ot he r direc t dan ger to na vi ga tion , or en co un te rs sub-fre ez ing fair te m pera tu re s as so ciated w ith ga le force wind s ca using se ve re ice ac cretion on su per st ru ct ure s, or wind s of force 10 or ab ov e on th e Bea uf or t scale for wh ich no st orm w ar ni ng ha s been rece ived , sh al l cause t o be tr an sm it te d all per tinen t info rm at io n re la ting th er et o to s hi ps in th e vicinity an d to th e appro pri ate au th ori ties on la nd , in ac co rdan ce w ith ru le s an d re gu latio ns iss ue d by th e Co mm iss ion . 

W he n th ey co nsider it ne ce ss ary, su ch au th ori ties of th e U ni te d S ta te s sh all pro m ptl y br in g th e in fo rm at io n rece iv ed by th em to th e kn ow led ge of thos e 

co nc er ne d, includ ing in te re st ed foreign au th ori ti es. ”

Sec. 10. Se cti on 361 of th e C om m un ic at io ns Act of 1934 is am en de d to re ad 

as fol low s:

“ ce rt if ic at es

“ Sec . 361. (a) Eac h ves sel of th e United Sta te s to whic h th e Sa fety Co nve nt io n ap pl ie s sh all co mply w ith th e radio an d co m m un ic at io n prov isions of 

said C on ve nt io n at all tim es wh ile th e vessel is in use, in additio n to all oth er re qu ir em en ts of law , an d sh al l hav e on bo ar d an ap pro pri ate ce rtificate as pre ­

scrib ed by th e Sa fety Con ve nt io n. “ (b) A pp ro pr ia te ce rtificates co nc er ni ng th e radi o par ticu la rs pr ov id ed for in in sa id C on ve nt io n sh al l be is su ed upo n pro per re ques t to any vesse l wh ich is 

su bj ec t to th e radi o pr ov isions of th e Sa fety Con ve nt io n and is fo un d by th e Com miss ion to c om ply th er ew ith. Cargo ship s af et y radi o te le gra phy ce rtific ate s, cargo sh ip sa fe ty ra di ot el ep ho ny ce rtific ate s, an d ex em pt io n ce rtificates w ith 

re sp ec t to ra di o pa rtic ula rs sh all be iss ued by th e Co mmiss ion. O th er ce rti fica tes
6 SA FE TY OF LIF E AT SEA

concerning the radio particulars provided for in the said Convention shall be 

issued by the Commandant of the Coast Guard or whatever oth er agency is 

authorized by law to do so upon request of the Commission made after proper 

inspection or determination of the facts. If the holder of a certificate violates 

the radio provisions of the Safety Convention or the provisions of this Act, or the 

rules, regulations, or conditions prescribed by th e Commission, and if the effective 

administration of the Safety Convention or of this part so requires, the Commission, after hearing in accordance with law, is authorized to modify or cancel 

a certificate which it has issued, or t o requ est the modification or cancellation of a 

certificate which has been issued by another agency upon the Commission’s 

request. Upon receipt of such request for modification or cancellation, the 

Com man dant of the Coast Guard, or whatever agency is authorized by law to 

do so, shall modify or cancel the certificate in accordance the rew ith.”

Federal Communications Commission,

Washington, D.C., A pril 26, 1965.

Hon. J ohn W. McCormack,

Speaker of the House of Representatives,

Washington, D.C.

Dear Mr. Speaker: The Commission has adopted as part of its legislative 

program for the 89th Congress a proposal to amend the Communications Act to 

conform to the Convention for Safety of Life at Sea (SOLAS), London (1960).

Pur sua nt to its terms, the convention comes into force on May 26, 1965. 

Article 1(a) thereof requires th at the contracting Governments, including the 

United States, undertake to prom ulgate all laws necessary to give t he convention 

full and complete effect.

The Commission’s draft bill to accomplish the foregoing objective was submitted to the Bureau of the Budget for its consideration. We have now been 

advised by th at Bureau th at from the s tandpo int of the a dministration’s program 

there would be no objection to the presentation of the draft bill to the Congress 

for its consideration. Accordingly, there are enclosed six copies of our draft bill 

and expla nato ry statem ent on this subject.

Early consideration by the House of the proposed amendments would be 

apprecia ted in view of the early date at which the convention will come into 

effect. The Commission would be hap py to furnish any additional inform ation 

th at may be desired by the House or by the comm ittee to which this proposal 

is referred.

Yours sincerely,

E. William Henry, Chairman.

E xplanation of Bill To Amend the Communications Act of 1934, as

Amended, T o Conform to the Convention for the Safety of Life at Sea,

London (1960)

Upon the invitat ion of the Inte r-Gove rnm ental Maritime Con sulta tive Organization, a conference was held in London during May and Jun e 1960, a m ajor 

purpose of which was the drafting of a convention to replace the Inte rna tional 

Convention for the Safety of Life at Sea, signed in London in 1948. The Commission was represented at the conference by Commissioner Ro bert T. Bartley, 

and by Curtis B. Plummer, Harold R. Woodyard, and Duncan Pete rs of the 

Commission’s staff.

As a resu lt of its deliberations, the conference prepared and opened for signature and acceptance the Int ern ationa l Convention for the Safety of Life at Sea, 

1960 (SOLAS), to replace the Intern ati onal Convention for the Safety of Life at 

Sea, 1948.

Pursuant to article XI of SOLAS, the Inter-Governm enta l Maritim e Consultative Organization has inform ed all Governments which have signed or 

accepted the present convention (including the United States) th at it shall come 

into force on Mav 26, 1965.

Article 1(b) of SOLAS requires, among other things, th at the contracting 

Governments undertake to promulgate all laws necessary to give the convention 

full and complete effect. The Commission recommends tha t Congress implement 

the provisions of SOLAS by amending the Communications Act of 1934 as set 

forth in the attach ed proposal.

The major substan tive changes recommended herein are: (1) The extension of 

the application of compulsory radio insta llation requirements to cargo ships as
SA FE TY OF LIF E AT SEA 7

low as 300 gross tons (now 500 gross tons); (2) elimination of nuclear ships from the Commission’s exemption au thority ; and (3) elimination of applicab ility of the compulsory radio requirements of pa rt II, title III, of the Communications Act to vessels while they are nav igating on the Great Lakes. An explanation of 

specific changes follows. Section 1 of this proposal would amend the following subsections of section 3 

of the Communications Act of 1934: 1. A definition of the term “nuclea r ship” is added in subsection (w). 2. Subsection (x) is revised by sub stituting “radioteleg raph autoa lar m” for “au toa larm” wherever the latte r term appears in this subsection. This differ­ entiates it from the radiotelephone a utoalarm and conforms the term inology of the Communications Act to th at used in the SOLAS Convention. (See regulations 

2(b), 10, Ch. IV, SOLAS 1960.) 3. Subsection (y) is revised editorially, and the phrase “coun try to which the ship belongs” is changed to read “country in which the ship is registered” in 

conformance with convention usage. 4. A new subsection (z) has been added, defining the term “radio officer,” in view of the adoption of th at term in SOLAS 1980. (See regulation 2(c), ch. IV, SOLAS 1960.) The present subsection (z) is redesignated “ (aa).” 5. Present subsections “(aa )” throug h “( dd)” are redesignated “ (bb )” through “ (ee),” respectively, in order to conform to the new designation given the present 

subsection (z). 6. Present subsections (ee) and (ff) are deleted, inasmuch as the terms therein defined (“existing installa tion ” and “new installatio n”) have not been employed n parts II and II I of title II I of the Communications Act or in the Commissions’ 

rules. Subsection “(gg)” is redesignated “(ff).” Section 2 of this proposal amends section 351 of the Communications Act in 

the following respects: 1. The heading of that section is amended to read “Ship Radio Stations and 

Operations” to conform to SOLAS terminology. 2. Paragraph (1) of subsection (a) is amended as follows: (i) The minimum gross tonnag e of cargo vessels to which the compuslory radio requirements apply is lowered from 500 gross tons to 300 gross tons to conform to the convention. (Regulations 3 an d 4, ch. IV, regulation 12, ch. 

V, SOLAS 1960.) (ii) The term “radio installation” is changed to “radio sta tio n” to conform 

to SOLAS terminology. (iii) The term “radio officer” is used for clarification and in accordance 

with SOLAS terminology. (iv) New subp arag raphs “ (i)” and “ (ii)” are added to para graph (1) of subsection (a). They requ ire th at all passenger ships, and all cargo ships of 1,600 gross tons and upward, be fitted with a radiotelegra ph station, and permit cargo ships between 300 and 1,600 gross tons the option of carrying a radiotelephone station. This clarifies existing law (secs. 355 and 356 of the Communications Act), and reflects the new 300 gross ton exception provision 

of pa ragraph (1) of subsection (a).

3. Paragr aph (2) of subsection (a) is clarified editorially. 4. The proviso clauses in parag rap hs (1) and (2) of subsection (a) are deleted 

because they are no longer necessary. Section 3 of this proposal would amend the following subsections of section 352 

of the Communications Act: 1. Paragr aph (6) of subsection (a) is amended by strik ing the words “on the 

Grea t Lakes.” 2. Paragra phs (7) and (8) are added to except from the provisions of part II, title III, of the act vessels navigating solely on the Great Lakes and the St. Lawrence River, and vessels which navigate both on the Great Lakes and on the open sea while those vessels are on the Great Lakes. (Regulation 3(b), ch. 1 

and regulation 1(b), ch. IV, SOLAS 1960.) 3. Subsection (b) is amended to except nuclear ships from the Commission’s exemption authority. (Regulation 3, ch. VIII, SOLAS 1960.) Paragraph (1) thereof makes it clear th at a passenger ship meeting one of the boyage patterns described in this subsection may be exempted from the requ irem ents of part II, title III, of the Communications Act. (Sfie Western Trader, FCC 60-553.) 4. A new subsection (d) is add ed to spell out the Commission’s autho rity to grant exemption from radio direction finding a ppara tus requirements (in accord­ ance with regulation 12(b), ch. V, SOLAS 1960, as regards ships subject to SOLAS). This am endm ent is desirable to clarify the exem ption autho rity of the Commission.
8 SAFETY OF LIFE AT SEA

Section 4 of this proposal would amend section 353 in the following respects:

1. The heading is changed to read : “Radio Officers, Watches, Autoalarm, 

Radiotelegraph Equipped Ships.”

2. Since the SOLAS 1960 rectified previous ambiguity which existed in the 

SOLAS 1948 concerning the terms “installation” and “stati on,” editorial clarifications have been made thro ughou t this section by replacing th e term s “installatio n,” “au toalarm ,” and “qualified operator” with the terms “sta tio n,” “radiotelegraph autoalarm ,” and “radio officer.”

3. Subsection (c) has been amended to include the phrase “while being navigated in the open sea o utside of a harbor or port” in sub stitutio n for the present 

phrase “while being navigated outside a harbor or po rt.” This change makes the 

language of subsection (c) of section 353 consistent with the phraseologv of paragraph (1) of subsection (a) of section 351.

4. Subsection (c) has also been amended to provide tha t the continuous watch 

is to be maintain ed whenever the station is not being used for authorize d traffic.

Section 5 of this proposal ame nds section 354 of the Comm unications Act to 

make editorial changes in subsection (a) and to change subsection (b) to require a 

continuous watch whenever the sta tio n is not used for authorized traffic. (Regulation 7, ch. IV, SOLAS 1960.)

Section 6 of this proposal would amend section 355 in the following respects:

1. The heading of section 355 is amended to read: “Technical Requirements— 

Radiotelegraph Equipped Ships.”

2. New subsections (a) throug h (i) replace the present subsections (a) thro ugh 

(h) to conform to the technical requirements for radio teleg raph stations as set 

out in the following regulations found in chapter IV, SOLAS 1960.

355(a): Regulations 9(a) d) and 9 (b);

355(b): Regulations 8(a) and 8(e);

355(c): Regulations 8(b) and 8(c);

355(,d): Regulations 9(e) and 9(h);

355(e): Regulation 9fg);

355(f): Regulation 9 (j );

355(g): Regulations 9(k) an d9 (o );

355(h): Regulations 8(d) and 11(f);

355(i): Regulations 11(a) and 11(b).

Section 7 of this proposal amends section 356 of the Communications Act to 

conform to the technical requiremen ts for radiotelephone equipped ships as set 

out in regulation 4, chapter IV, SOLAS 1960, and to the following provisions of 

th at c hapter:

356(a): Regulations 14(a) and 14(b);

356(b): Regulations 15(b) and 15(f):

356(c): Regulation 15(c) (i); also Section 356(c) is made consistent with 

section 355(e).

356(d): Regulation 15(i).

Section 8 of this proposal amends the heading and text of section 357 of the 

Communications Act by sub stituting “survival craft ” in lieu of “lifeboat,” to 

conform to the terminology used in Geneva 1959 and SOLAS 1960.

Section 9 of this proposal amends subsection (a) of section 359 of the Communications Act by making edito rial amendments and by adding the requirement that the master of a ship of the United States equipped with a radio 

transm itting a ppara tus which encounters subfreezing air tem peratures associated 

with gale force winds causing severe ice accretion on superstru ctures, or winds of 

force 10 or above on the Beaufort scale for which no storm warning has been 

received, shall make the necessary transm ission as provided by th at subsection. 

(Regulation 2(a), ch. V, SOLAS 1960.)

Section 10 of this proposal amends section 361 of the Communications Act to 

change the terminology of the certificates to conform to the terminology used 

in the convention.

Mr. Rogers of Texas. Before we recognize any of the witnesses, 

let the Chair further include in the record, without objection, a letter 

from the Department of the Navy over the signature of Capt. C. R. 

Rear, Jr., under date of May 18, 1965, reflecting no objection: and a 

letter from the Department of State, under date of May 18, 1965, 

oyer the signature of Douglas MacArthur II, Assistant Secretary for 

Congressional Relations, indicating no objection.
SAFETY OF LIFE AT SEA 9

(The documents referred to follow:)

Department of the Navy,

Office of the Secretary,

Office of Legislative Affairs,

Washington, D.C., May 18, 1965.

Hon. Oren Harris,

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D.C.

My Dear Mr. Chairman: Your requ est for comments on H.R . 7954, a bill to amend the Communications Act of 1934 to conform to the Convention for the Safe ty of Life at Sea, London (1960), has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the 

views of the Department of Defense. This bill would enact into law the Intern ational Convention for Safety of Life at Sea, 1960, giving it full force and effect. Pursuant to article XI of the con­ vention, the Inter-G overn mental Maritime Consultive Organization has informed all Governments which have signed or accepted the convention (including the United States) th at it shall come into force on May 26, 1965. The Departme nt of the Navy, on behalf of the Department of Defense, inter­ poses no objection to the e nactm ent of H.R . 7954. This report has been coordinated within the Department of Defense in ac­ cordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the sta ndpoi nt of the adminis­ trat io n’s program, there is no objection to the presentation of this report on II. R. 7954 for the considera tion of the comm ittee.

Sincerely yours, C. R. Hear, Jr.,

Captain, U.S. Navy, Deputy Chief

(For the Secretary of th e Navy).

Department of State,

Washington, May 18, 1965.

Hon. Oren Harris,

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

Dear Mr. Chairman: Thank you for your letter of May 10, 1965, in which you request the De partm ent’s comments on H.R . 7954, a bill to amend the Comm unications Act of 1934 to conform to the Convention for the Safety of 

Life at Sea, London (1960). The specific provisions of the bill are highly technical and are matters within the competence of the Federal Communications Commission. The Department of Sta te has carefully reviewed the bill with respect to its foreign policy implications and has no objection to its enactmen t. The Bureau of the Budget advises th at from the s tan dpo int of the adm inistra­ tion’s program there is no objection to the submission of this report.

Sincerely yours,

Douglas MacArthur II,

Assistant Secretary for Congressional Relations (For the Secretary of State ).

Mr. R ogers of Texas. Our first witness this morning will be the Honorable Robert T. Bartley, Commissioner, Federal Communications Commission. Commissioner Bartley, it is nice to have you before the subcommittee.
10 SA FE TY OF LIF E AT SEA

STATEMENT OF HON. ROBERT T. BARTLEY, COMMISSIONER;

ACCOMPANIED BY EVERETT G. HENRY, CHIEF OF MARINE

AND RADIO DIVISION, BUREAU OF SAFETY AND SPECIAL

RADIO SERVICES, FEDERAL COMMUNICATIONS COMMISSION

Mr. Rogers of Texas. You may proceed, Mr. Commissioner.

Mr. Bartley. Mr. Chairm an and members of the committee, 

the Commission has asked me to represent it and to testify for it on 

behalf of H.R. 7954, introduced by Congressman Harris. This 

bill, which is part of our legislative program for the 1st session of the 

89th Congress, would amend the Communications Act to conform to 

the Convention for the Safety of Life at Sea (SOLAS), a Conference 

held in London in 1960.

Upon the invitation of the Inter-Governmental Maritime Consultative Organization this Conference was held in London during 

May and June 1960, a m ajor purpose of which was the drafting of a 

convention to replace the International Convention for the Safety 

of Life at Sea, signed in London in 1948.

In addition to myself, Curtis B. Plummer, Harold R. Woodyard, 

and Duncan Peters of the Commission’s staff participated in the 

Conference as part of the delegation representing the United States. 

I served as chairman of the U.S. delegation on chapter IV of the 

Convention. This is the one relating to radio.

As a result of its deliberations, the conference prepared and opened 

for signature and acceptance, the International Convention for the 

Safety of Life at Sea, 1960, to replace the International Convention 

for the Safety of Life at Sea, 1948.

This convention was subm itted to the Senate on April 27, 1961, as 

Executive K of the 87th Congress with a view to receiving the advice 

and consent of the Senate. A hearing thereon was held before the 

Committee on Foreign Relations, U.S. Senate, on February 27, 1962.

Thereafter, a favorable report was submitted by tha t committee 

(Ex. Rep. No. 5, 87th Cong., 2d sess.). On April 12, 1962, the Senate 

gave its advice and consent to the ratification of such convention.

Pursuant to article XI of SOLAS, the Inter-Governmental Maritime 

Consultative Organization has informed all Governments which have 

signed or accepted the present convention (including the United 

States) tha t it shall come into force on May 26, 1965.

The amendments contained in H.R. 7954 have as their objective 

the modernization of compulsory ship radio safety requirements. The 

provisions proposed to be amended, other than a few definition changes 

in section 3, are contained in sections 351 through 361, part II of 

title I II of the Communications Act, which apply to vessels navigated 

in the open sea on both domestic and international voyages. The 

present provisions are designed to apply radio safety standards in 

each respect equal to or higher than those in the 1948 safety convention.

In respect to those provisions of the 1960 safety convention which 

provide for higher standards than those now* contained in the Communications Act, and in the 1948 SOLAS Convention, H.R. 7954 

would amend the act to raise the standards of the act to those of the 

new safety convention.

The principal effect of enactment of the proposed legislation would 

be to insure that vessels engaged on domestic voyages in the open
SA FE TY OF LIF E AT SEA 11

sea will comply with radio safety requirements no less effective than those applicable to ships engaged on international voyages. In the process of forwarding H.R. 7954 to the Congress, the Com­ mission has been advised by other interested Government agencies such as the Bureau of the Budget, the Coast Guard, and the De­ partment of the Navy that they have no objection to the enactment 

of this bill. Since the United States has already agreed to the provisions in the SOLAS Convention, the amendments made bv H.R. 7954 are conforming in nature and, in our opinion, noncontroversial. The major substantive changes the bill would make are: (i) to extend application of compulsory radio installation requirements of section 351 of the Com unications Act to cargo ships as low as 300 gross tons. Presently cargo ships under 500 gross tons are excepted from the requirements of this section of the Communications Act; (ii) to eliminate nuclear ships from the Commission’s exemption authority contained in section 352 of the Communications Act; and (iii) to eliminate the compulsory radio requirements of the Communi­ cations Act for vessels which are navigated both in the open sea and on the Great Lakes during the time tha t such vessels are on the 

Great Lakes. SOLAS 1960 eliminated the compulsory radio requirements of the safety convention for vessels under similar circumstances. The proposed amendment to the Communications Act would effect similar 

relief for vessels subject to the Communications Act. The purpose in both cases is to eliminate dual radio safety require­ ments since vessels on the Great Lakes are subject also to the safety radio requirements of the Great Lakes agreement between the United 

States and Canada. The other amendments are generally nonsubstantive—involving 

changes in terminology of the act to conform to tha t adopted by the convention and other changes for purposes of clarification. These changes brought about by the convention are designed to promote the safety of life and property on the high seas. We urge that H.R. 7954 be enacted so tha t the Communications Act may 

reflect them. This concludes my prepared statem ent, Mr. Chairman. With the assistance of the staff accompanying me, I shall be happy to answer 

any questions you may have.

Mr. Rogers of Texas. Thank you, Mr. Bartley.

Mr. Younger, do you have any questions?

Mr. Younger. Thank you, Mr. Chairman.

Does this apply to the number of personnel handling radio?

Mr. Bartley. With respect to watch requirements? Do you have 

reference to watch requirements?

Mr. Younger. Yes.

Mr. Bartley. There is no change in that, Mr. Younger.

Mr. Younger. There is no change in what is now required by 

passenger vessels?

Mr. Bartley. That is correct.

Mr. Younger. The only change then would be to lower those 

requirements to ships as low as 30(1 gross tons instead of stopping 

at 500?
12 SAFETY OF LIFE AT SEA

Mr. Bartley. It would apply to ships between 300 and 500 now 

whereas before it did not.

Mr. Younger. It does not change the requirements for freighters?

Mr. Bartley. This is Mr. Henry of our staff.

Mr. Henry. The proposal would include cargo ships between 300 

and 500 tons which are not now included.

Mr. Younger. But there are different requirements for the freighters than for passenger ships now?

Mr. Henry. Tha t is right.

Mr. Younger. Are those same requirements carried over into the 

new bill or are there any changes?

Mr. Henry. The requirements for passenger ships will remain the 

same. Passenger ships are still required to carry radio in the same 

manner tha t they are under the present act. There will be no change 

with respect to passenger ships.

The minimum gross tonnage for cargo ships will be reduced to 

300 tons.

Mr. Younger. I am talking about the number. For instance, on 

a cargo ship, you have one radio operator who stands watch a certain 

number of times. On the passenger ships where they have more than 

12 passengers, you have continuous watches.

You may have three radio operators.

Mr. Henry. That remains unchanged.

Mr. Younger. All of th at is unchanged?

Mr. Henry. Tha t is right.

Mr. Younger. They are not requiring any new instruments or 

anything?

Mr. Henry. Only on the ships which will become subject to the 

act. Apart from that, no.

Mr. Younger. Tha t is all, Mr. Chairman.

Mr. Rogers of Texas. Mr. Broyhill.

Mr. Broyhill. This legislation then does n ot affect the so-called 

pleasure boat or the pleasure yacht which is operating within the 

3-mile limits of the coastal United States?

Mr. Bartley. This act does not affect that. This proposal does 

not affect it.

Mr. Broyhill. Then, in effect, all this legislation is doing is extending present law to ships of less than 500 tons, is that correct?

Mr. Bartley. Down to 300 tons to comply with the treaty, to 

bring the act into conformity with the treaty.

Mr. Broyhill. I have no other questions, Mr. Chairman.

Mr. R ogers of Texas. Mr. Harvey.

Mr. Harvey. As I understand it, this does not affect the Great 

Lakes other than as vou have spelled it out here in the statement?

Mr. Bartley. Only to the effect that it may lead to eventual 

revision in the Great Lakes treaty. At the present time when this 

treaty goes into effect there is an area between Anticosti Island west 

to Montreal, which may require some revision in the Great Lakes 

treaty a t a later time, b ut at the present time ships th at ply only the 

Great Lakes and only go as far east as Anticosti Island in the St. 

Lawrence River require an exemption from the United States if they 

do not carry telegraph, but this would be the only change I know of 

with respect to the Great Lakes trea ty tha t might be brought about 

as a result of this.
SA FE TY OF LIF E AT SE A 13

Mr. Harvey. Thank you.

I have no further questions, Mr. Chairman.

Mr. Rogers of Texas. Mr. Bartley, is No. (iii) on page 4—

to eliminate the compulsory radio requ irem ents of the Comm unications Act for vessels which are navigated both in the open sea and on the Great Lakes during the time th at such vessels are on the Great Lakes

a situation tha t is inherently dangerous while they are being operated 

on the Great Lakes?

Mr. Bartley. We think not. The safety system on the Great Lakes is a telephone system and has been for many, many years; and, consequently, there it is felt that a single system, the requirement th at foreign vessels comply with tha t system, is a safety factor. So that, in effect, in our opinion it improves that. Any foreign ship coming into the Great Lakes must now comply with the Great 

Lakes requirements.

Mr. Rogers of Texas. Th at was the next question. There is a different requirement on the Great Lakes than there is on the open 

sea as far as the situation is concerned?

Mr. Bartley. Yes, sir.

Mr. Rogers of Texas. Then, as I recall and as just pointed out, actually it is a safer system on the Great Lakes than it would be in 

the open sea?

Mr. Bartley. Well, at least they have a common system and our 

view is th at it is safer; yes, sir.

Mr. Rogers of Texas. Then the foreign ships have to meet this requirement for telephone communications on the Great Lakes if 

they use the Great Lakes?

Mr. Bartley. That is correct.

Mr. Rogers of Texas. Do I recall correctly that there is quite a 

bit of agitation about this because of the language situation?

Mr. Bartley. Well, whether the word is agitation or confusion, actually the language barrier question has been one tha t has been wit h us for a long time and is always raised in conjunction with safety regulations by radio; but, among those plying the Great Lakes, we have not had any instances of a language barrier problem.

Mr. Rogers of Texas. There has been no difference in them being 

able to communicate as far as you know?

Mr. Bartley. As far as I know, there has never been due to the 

language barrier; no.

Mr. R ogers of Texas. Thank you, Mr. Bartley.

Mr. Bartley. Mr. Chairman, I might volunteer something else. I just found out this morning that AMMI has a slight problem with one of the provisions of the changes which we made which we considered nothing more than editorial. It relates to 355(i), the new 355(i) which contains some of the language which had been in the previous 355(h). We had no intention to change this situation, but it has been pointed out tha t, under the proposal, it might be possible for the Commission to impose require­ ments on existing equipments. It was not our intention to do tha t and, in the event tha t after the committee considers their comments they feel that they would like to have the language change, I have some proposed language which I believe would meet their objection.
14 SA FE TY OF L IF E AT SE A

I will read it into the record at this point. This goes to the last 

sentence of the proposed section.

It shall be capable of receiving signals on the radiotele graph frequencies assigned 

by the radio regulations annexed to the Inter natio nal Telecommunication Convention in force for the purposes of distress, direction finding, and maritim e 

radio beacons, and, in installations made after May 26, 1965, such oth er frequencies as the Commission may for safety purposes designate.

I just leave it with the committee for their judgment.

Mr. Rogers of Texas. You just inserted some language there on 

line 23, is th at correct?

Mr. Bartley. That is correct, taken from old section 355(h), and 

there was no intention on the part of the Commission to change tha t 

situation, no intention to impose anything on the old equipments, 

but the gap is there.

We thought we cleared up the language but, if they have a problem 

with it, we have no objection to the insertion of it.

Mr. Rogers of Texas. We will prepare whatever amendment is 

necessary for presentation.

Did you have any questions, Mr. Moss?

Mr. Moss. I have no questions.

Mr. Rogers of Texas. Thank you, Mr. Commissioner.

Mr. Bartley. Thank you, sir.

Mr. Rogers of Texas. Our next witness is Mr. Edward C. Phillips, 

representing the American Merchant Marine Institute.

STATEMENT OF EDWARD C. PHILL IPS , AMERICAN MERCHANT 

MARINE INS TIT UTE

Mr. Phillips. My name is Edward C. Phillips. I am employed 

at the Washington office of the American Merchant Marine Institute. 

My activities are related in general to liaison with Government 

executive agencies.

The American Merchant Marine Institu te is an organization representing a major portion of the privately owned oceangoing shipping of 

all categories operating under the American flag.

H.R. 7954 is a bill which would trans late into national legislation 

those provisions applicable to U.S.-flag shipping with respect to 

radio which were developed at the International Conference on 

Safety of Life at Sea held in London, 1960.

The institute was represented a t the 1960 SOLAS Conference. We 

participated in the development of the provisions contained in that 

convention. With respect to those matters dealing with radio as 

covered in this legislation we are prepared to endorse the bill.

It is our understanding that the Federal Communications Commission in drafting this legislation has sought to amend the Communications Act of 1934 solely to conform its provisions to the new convention. No substantive changes were intended other than to extend 

those provisions which, under the convention, are applicable on y to 

ships on international voyage to any ships leaving a U.S. po rt thefor 

open sea.

This is a philosophy of communications law which has long been in 

existence in the United States. This philosophy tha t all ships in the 

open sea should operate under the same radio standards as those on 

international voyage was a position which the U.S. delegation took 

to and argued for at the safety conference.
SAFETY OF LIFE AT SEA 15

Although this concept was not adopted at the conference we do not 

protest the continued application of these international provisions to all American shipping which enters the open sea, even though not on 

international voyage. With respect to the bill itself we have come upon one discrepancey which appears to be beyond the intended scope of the bill. The matter involves an omission from language which is presently con­ tained in the Communications Act which, in the rewriting of a section of this bill, introduces a substantive change in law. We refer specifically to a sentence dealing with the radio direction finding apparatus which commences at line 18 on page 12 of the bill. 

This sentence reads—

It [the direction finding app ara tus] shall be capable of receiving signals on the radio teleg raph frequencies assigned by the radio regulations annexed to the Inter­ national Telecommunications Convention in force for the purposes of distress, direction finding, and maritime radio beacons, and such oth er frequencies as the Commission may for safety purposes designate.

This last phrase in the provision—

* * * and such other frequencies as the Commission may for safety purposes 

designate

is a requirement which is not contained in the 1960 Safety Convention, but is presently contained in the Communications Act. We have no quarrel with continuing this language, but the requirement as presently worded in the Communications Act relates only to new direction finder installations and not existing installations. The effect of this provision is tha t the Commission may, at any time, specify special frequencies which the ship’s direction finding equip­ ment must be capable of receiving. Depending upon what frequencies might be specified this could obsolete all existing equipments. The omission of this phrase from the present bill results, therefore, in a removal of the existing protection granted to direction finding equipments presently installed on U.S. ships as a result of previous 

law. This is a substantive change. Consequently, we ask tha t the bill be amended to make this pro­ vision apply only to new direction finding installations made after the effective date of this act. This can be readily accomplished by inserting at line 23, after the word “and” the phrase “in new installations after the effective date of this a ct.” We urge your adoption of this amendment. In closing, we would say tha t our members have had very short notice to consider this bill. We have come across the one discrepancy discussed. Thus, it is just possible th at someone, in the next day or so, may come up with something else. For this reason we would appreciate the privilege of submitting a letter for the record if any additional problems are discovered within the next few days.

Thank you.

Mr. Rogers of Texas. Mr. Phillips, the proposed language on line 23 to which you refer is the same language Mr. Bartley referred to, is 

it not?

Mr. Phillips. It is the same part of the bill that he referred to, Mr. Chairman. My language did not specify a date other than to say “ The effective date of this a ct.” Commissioner Bartley’s proposal was tha t we insert a specific date. I believe it was May 26, 1965, 

which is perfectly satisfactory to us.
16 SAFETY OF LIF E AT SEA

Mr. Rogers of Texas. Without objection, you may submit supplemental testimony on the matter if you find anything further that you 

think ought to be called to the Commission’s attention.

Mr. Phillips. Thank you, sir.

Mr. Rogers of Texas. Mr. Moss, do you have any questions?

Mr. Moss. No questions, Mr. Chairman.

Mr. Rogers of Texas. Mr. Younger?

Mr. Younger. No questions.

Mr. Rogers of Texas. Mr. Van Deerlin.

Mr. Van Deerlin. No, Mr. Chairman.

Mr. Rogers of Texas. Mr. Broyhill.

Mr. Broyhill. No questions, Mr. Chairman.

Mr. Rogers of Texas. Mr. Harvey.

Mr. Harvey. No questions, Mr. Chairman.

Mr. Rogers of Texas. You got off easy, Mr. Phillips. Than k you 

very much for your very fine statem ent.

Are there any further witnesses to appear on this measure? If not, 

the Chair would ask unanimous consent to suspend the rules and go 

into the writeup of the bill.

(Whereupon, at 10:30 a.m., the subcommittee proceeded to further 

business.)

o