[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29656-29660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13463]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 80

[CI Docket No. 95-55, FCC 98-75]


Inspection of Radio Installations on Large Cargo and Small 
Passenger Ships

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has adopted a Report and Order (R & O) which 
requires that large cargo vessels and small passenger ships arrange for 
an inspection of such ships by an FCC-licensed technician. The 
Commission adopted this R & O to incorporate changes to the 
Communications Act related to the inspection of ships and to improve 
the Commission's ship inspection process. These rules should increase 
the availability of competent, private sector inspectors to conduct 
inspections of cargo vessels and small passenger vessels required to be 
inspected by the Commission without adversely affecting safety and, 
thus, provide greater convenience for the maritime industry.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT: George R. Dillon of the Compliance and 
Information Bureau at (202) 418-1100.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, CI Docket No. 95-55, FCC 98-75, adopted April 20, 1998, and 
released, May 1, 1998. The full text of this Report and Order is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239) 1919 M Street, NW, Washington, DC. 
The complete text may be purchased from the Commission's copy 
contractor, International Transcription Services, 1231 20th St. NW, 
Washington, DC 20036, telephone (202) 857-3800.

Summary of Report and Order

    The Commission proposed rules in a Notice of Proposed Rule Making 
(Notice), CI Docket 95-55, 61 FR 21151, May 9, 1996, that changed the 
way in which the Commission inspected large cargo vessels and small 
passenger ships. This Report and Order (R&O) incorporates changes to 
the Communications Act related to the inspection of ships, improves the 
Commission's ship inspection process, reduces administrative burdens on 
the public and the Commission, and provides continued Commission 
oversight to ensure that vessel safety is not adversely affected. 
Currently, the Commission inspects the radio installations of 
approximately 1,110 vessels each year subject to the Communications Act 
or the Safety Convention. The amended rules will replace the 
requirement that the Commission inspect such ships with a requirement 
that ship owners or operators arrange for an inspection by an FCC-
licensed technician.
    2. Comments. We received 19 comments and 2 reply comments in 
response to the Notice. Most commenters supported the Commission's 
efforts to streamline the inspections of ships and provide faster 
service to the public. Two commenters opposed the proposal citing 
concerns about safety as reason not to permit privatization. The Coast 
Guard supported the Commission's efforts to streamline government 
regulation and reduce the regulatory burden on the maritime industry. 
The United States Coast Guard (Coast Guard) states that it fully 
supports the Commission's efforts to streamline government regulation 
and reduce the regulatory burden on the maritime industry wherever 
these efforts are consistent with the maintenance of a high level of 
safety. The Coast Guard notes that it has

[[Page 29657]]

undertaken a similar delegation for some of its commercial ship 
inspections--the alternative compliance program (ACP)--and asked that 
the Commission give due consideration to aligning its delegation 
approach to that chosen by the Coast Guard.
    3. The Coast Guard also provided specific comments to questions 
raised in the Notice regarding the qualifications of FCC-licensed 
technicians. The Coast Guard states that while it supports the minimum 
licensing requirements proposed it does not appear the prerequisite for 
licensing incorporates any training or demonstration of qualifications 
in the actual conduct of safety inspections or in the skills necessary 
to maintain or operate the equipment. Several commenters support our 
proposal regarding the qualifications of technicians. Sea-Land Service, 
Inc. (Sea-Land), an operator of U.S. flag container ships, states that 
the qualifications required for the GMDSS maintainers license ensure 
that individuals inspecting the ships will have a demonstrated 
knowledge of the operational and technical requirements of the (radio) 
installation being inspected and that the system is being properly 
repaired, maintained and operated. Sea-Land states that it has 
experienced problems with FCC inspector availability due to the 
constraints of tight operating schedules and short port stays and the 
proposed rules will alleviate that problem.
    4. The American Institute of Merchant Shipping, now the United 
States Chamber of Shipping (USCS), filed comments and reply comments. 
USCS notes that it represents 20 U.S. based companies which own or 
operate over ten million deadweight tons of U. S. flag tankers and 
liners, which USCS stated is a majority of U. S. flag tanker and liner 
tonnage. USCS contends that the proposed changes will increase the 
number of experienced entities available to conduct inspections and 
will allow it increased flexibility in arranging inspections. USCS also 
states that the Masters of ships that it represents will ensure that 
GMDSS equipment will operate safely before leaving every port and that 
it is, thus, appropriate that the Master should certify the completion 
of the annual inspection. In reply comments, USCS reiterated its 
position that the shipowner is the final inspector whether the 
equipment has been inspected by a GMDSS maintainer, installed by a 
vendor, looked at by a radio officer or even inspected by the FCC.
    5. The Passenger Vessel Association states that the proposed 
regulations meet the needs of safety and that the FCC's current 
licensing system insures that FCC-licensed technicians have adequate 
knowledge for the inspection activity proposed. The National Marine 
Electronics Association (NMEA) states that the proposal to use private 
sector inspectors enlarges the field of qualified inspectors and 
permits ship owners and operators to arrange for inspections at their 
convenience. NMEA notes that because FCC-licensed technicians are 
called in advance to evaluate the equipment prior to the inspection the 
vessel's owner will save time and money by having the same person do 
both jobs. Finally, the Coast Guard suggested that the Commission 
maintain oversight of the ship inspection program because of safety 
concerns.
    6. Because these inspections are conducted to ensure that ships 
have reliable distress communications capability we are incorporating 
the Coast Guard's suggestions. Further, we believe that privatization 
will result in the following benefits:
    (a) It will increase the number of experienced entities available 
to inspect the radio stations of ships.
    (b) Privatization will permit ship owners and operators to arrange 
for inspections at any time or place.
    (c) Privatization should not adversely affect safety, we are 
adopting rules that will require two separate certifications that the 
ship has passed the safety inspection. Additionally, we are 
coordinating this item with the U. S. Coast Guard.
    (d) It will also decrease administrative burdens on the Commission 
by shifting the responsibility to arrange ship inspections from the 
Commission to ship owners or operators.
    7. The Communications Act requires that the Commission must inspect 
the radio installation of large cargo ships and certain passenger ships 
of the United States at least once a year to ensure that the radio 
installation is in compliance with the requirements of the 
Communications Act. Additionally, the Communications Act requires that 
the Commission must inspect the radio installation of small passenger 
vessels as necessary to ensure compliance with the radio installation 
requirements of the Communications Act. Currently, the Commission 
inspects small passenger vessels once every five years.
    8. The Safety Convention, to which the United States is signatory 
and which applies to large cargo ships and certain passenger vessels, 
also requires an annual inspection. The Safety Convention, however, 
permits an Administration to entrust the inspections to either 
surveyors nominated for the purpose or to organizations recognized by 
it. The United States can, therefore, have either Commission inspectors 
or other entities conduct the radio station inspections of vessels for 
compliance with the Safety Convention.
    9. The purpose of these inspections is to ensure that passengers 
and crew members of certain U. S. ships have access to distress 
communications in an emergency. The 1996 Act adopted the statutory 
changes in this area requested by the Commission in 1995.
    In part, these changes permit the Commission to designate entities 
to perform the inspections required by the Communications Act. We are 
adopting a significant change to the current rules and procedures 
regarding safety inspections. As a result, we are incorporating the 
Coast Guard's suggestions that we maintain oversight of the ship 
inspection process and will inspect a random sample of subject ships 
each year. We have also concluded that it is important to the integrity 
of this ship inspection program that the inspectors be independent of 
the vessel owners and operators. We are, therefore, providing that the 
vessel's owner, operator, master, employees or their affiliates may not 
conduct the required inspections. Finally, we will vigorously enforce 
these rules and take all appropriate steps available to us in the event 
of violations that affect ship safety.

Final Regulatory Flexibility Analysis

    10. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared a Final Regulatory Flexibility Analysis of 
the expected impact on small entities of the rules adopted in this 
Report and Order.
    11. Need for and purpose of this action. The rules we adopt in this 
proceeding will require the owners and operators of large cargo 
vessels, passenger vessels, and small passenger vessels to arrange for 
an inspection by an FCC-licensed operator instead of requiring that all 
inspections be conducted by FCC personnel. This change will improve the 
speed and convenience of service to the owners and operators of such 
vessels, many of which are small businesses and will conserve scarce 
government resources.
    12. Summary of the issues raised by the public comments in response 
to the Initial Regulatory Flexibility Analysis. There were no comments 
submitted in response to the Initial Regulatory Flexibility Analysis.
    13. Significant alternatives considered. We initially considered 
limiting the inspection of subject vessels to classification societies. 
Commenters

[[Page 29658]]

overwhelmingly opposed limiting the inspections solely to 
classification societies in response to the NOI and suggested that we 
permit anyone with an FCC license to inspect the vessels. The United 
States Coast Guard suggested that we maintain oversight of the ship 
inspection process. We agree and are incorporating a random inspection 
process.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 1

    Administrative practice and procedures.

47 CFR Part 80

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Chapter I of Title 47 of the Code of Federal Regulations, Parts 0, 
1 and 80, are amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.311 is amended by redesignating paragraph (i) as 
(i)(1) and adding a new paragraph (i)(2) to read as follows:


Sec. 0.311  Authority delegated.

* * * * *
    (i)(1) * * *
    (2) The Chief of the Compliance and Information Bureau is 
authorized to rely on reports, documents, or log entries made by the 
holder of an FCC license or Certificate--detailed in Sec. 80.59 of this 
Chapter--as certification that a U.S. vessel required to be equipped 
with a radio installation and inspected by the Commission or an entity 
designated by the Commission, under the Safety Convention or subparts 
Q, R, S, U, or W of part 80 of this chapter meets such inspection 
requirements. The Chief, Compliance and Information Bureau is further 
authorized to delegate this authority.
    3. Section 0.314 is amended by revising paragraphs (e)(1) and (j) 
to read as follows:


Sec. 0.314  Additional authority delegated.

* * * * *
    (e)(1) For periodic survey as required by section 385 of the 
Communications Act of 1934, as amended by the Telecommunications Act of 
1996, and issuance of Communications Act radiotelephony certificates in 
accordance with Sec. 80.903 of this chapter. The District Director or 
Resident Agent will require that the inspection be conducted by an FCC-
licensed technician holding an appropriate class of FCC license in 
accordance with Sec. 80.59 of this chapter.
* * * * *
    (j) For ship radio inspection and certification of the ship radio 
license, pursuant to the requirements of Section 362(b) and 385 of the 
Communications Act of 1934 as amended by the Telecommunications Act of 
1996. The District Director or Resident Agent will require that the 
inspection be conducted by an FCC-licensed technician holding an 
appropriate class of FCC license in accordance with Sec. 80.59 of this 
chapter.
* * * * *

PART 1--PRACTICE AND PROCEDURE

    4. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225 and 303(r).

    5. Section 1.1103 is amended by removing the four entries for 
``801'' under the header titled `` FCC Form No.'' and replacing them 
with ``159 and corres.''

PART 80--STATIONS IN THE MARITIME SERVICES

    6. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303 and 307(e) unless otherwise noted. Interpret or 
apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 
301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.

    7. Section 80.5 is amended by revising the definitions of Cargo 
ship safety radio-telegraphy certificate and Cargo ship safety 
radioletelphony certificate and adding a definition of Cargo ship 
safety radio certificate to read as follows:


Sec. 80.5  Definitions.

* * * * *
    Cargo ship safety radio certificate. A certificate issued after a 
ship passes an inspection of the required radiotelegraph, 
radiotelephone or GMDSS radio installation. Issuance of this 
certificate indicates that the vessel complies with the Communications 
Act and the Safety Convention.
    Cargo ship safety radiotelegraphy certificate. A certificate issued 
after a ship passes an inspection of a radiotelegraph installation. 
Issuance of this certificate indicates that the vessel complies with 
the Communications Act and the Safety Convention.
    Cargo ship safety radiotelephony certificate. A certificate issued 
after a ship passes an inspection of a radiotelephone installation. 
Issuance of this certificate indicates that the vessel complies with 
the Communications Act and the Safety Convention.
* * * * *
    8. Section 80.19 is amended by removing the entry ``Radio 
inspection and certification'' under the column titled ``Application 
for'' and removing the entry and corresponding footnote ``FCC Form 
801.1'' under the column titled ``Use''.
    9. Section 80.59 is amended by revising paragraphs (a), (d) 
introductory text, (d)(1) introductory text, (d)(1)(v), adding a new 
paragraph (d)(2) and removing paragraph (e) to read as follows:


Sec. 80.59  Compulsory ship inspections.

    (a) Inspection of ships subject to the Communications Act or the 
Safety Convention.
    (1) The FCC will not normally conduct the required inspections of 
ships subject to the inspection requirements of the Communications Act 
or the Safety Convention.

     Note: Nothing in this section prohibits Commission inspectors 
from inspecting ships. The mandatory inspection of U. S. vessels 
must be conducted by an FCC-licensed technician holding an FCC 
General Radiotelephone Operator License, GMDSS Radio Maintainer's 
License, Second Class Radiotelegraph Operator's Certificate, or 
First Class Radiotelegraph Operator's Certificate in accordance with 
the following table:

[[Page 29659]]



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                                                             Minimum class of FCC license required by private   
                                                             sector technician to conduct inspection--only one  
                                                                             license required                   
                                                         -------------------------------------------------------
                   Category of vessel                        General                  Second class   First class
                                                           radiotele-    GMDSS radio   radiotele-    radiotele- 
                                                              phone     maintainer's      graph         graph   
                                                            operator       license     operator's    operator's 
                                                             license                   certificate   certificate
----------------------------------------------------------------------------------------------------------------
Radiotelephone equipped vessels subject to 47 CFR part                                                          
 80, subpart R or S.....................................    <radical>     <radical>     <radical>     <radical> 
Radiotelegraph equipped vessels subject to 47 CFR part                                                          
 80, subpart Q..........................................  ............  ............    <radical>     <radical> 
GMDSS equipped vessels subject to 47 CFR part 80,                                                               
 subpart W or subpart Q.................................  ............    <radical>   ............  ............
----------------------------------------------------------------------------------------------------------------

    (2) A certification that the ship has passed an inspection must be 
entered into the ship's log by the inspecting technician. The 
technician conducting the inspection and providing the certification 
must not be the vessel's owner, operator, master, or employee or their 
affiliates. Additionally, the vessel owner, operator, or ship's master 
must certify in the station log that the inspection was satisfactory. 
There are no FCC prior notice requirements for any inspection pursuant 
to paragraph (a)(1) of this section. An inspection of the bridge-to-
bridge radio stations on board vessels subject to the Vessel Bridge-to-
Bridge Radiotelephone Act must be conducted by the same FCC-licensed 
technician.
    (3) Additionally, for passenger vessels operated on an 
international voyage the inspecting technician must send a completed 
FCC Form 806 to the Officer in Charge, Marine Safety Office, United 
States Coast Guard in the Marine Inspection Zone in which the ship is 
inspected.
    (4) In the event that a ship fails to pass an inspection the 
inspecting technician must make a log entry detailing the reason that 
the ship did not pass the inspection. Additionally, the technician must 
notify the vessel owner, operator, or ship's master that the vessel has 
failed the inspection.
    (5) Because such inspections are intended to ensure the 
availability of communications capability during a distress the 
Commission will vigorously investigate reports of fraudulent 
inspections, or violations of the Communications Act or the 
Commission's Rules related to ship inspections. FCC-licensed 
technicians, ship owners or operators should report such violations to 
the Commission through its National Call Center at 1-888-CALL FCC (1-
888-225-5322).
* * * * *
    (d) Waiver of annual inspection. (1) The Commission may, upon a 
finding that the public interest would be served, grant a waiver of the 
annual inspection required by Section 362(b) of the Communications Act, 
47 U.S.C. 360(b), for a period of not more than 90 days for the sole 
purpose of enabling a United States vessel to complete its voyage and 
proceed to a port in the United States where an inspection can be held. 
An informal application must be submitted by the ship's owner, operator 
or authorized agent. The application must be submitted to the 
Commission's District Director or Resident Agent in charge of the FCC 
office nearest the port of arrival at least three days before the 
ship's arrival. The application must include:
* * * * *
    (v) The reason why an FCC-licensed technician could not perform the 
inspection; and
* * * * *
    (2) Vessels that are navigated on voyages outside of the United 
States for more than 12 months in succession are exempted from annual 
inspection required by section 362(b) of the Communications Act, 
provided that the vessels comply with all applicable requirements of 
the Safety Convention, including the annual inspection required by 
Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed 
technician in accordance with this section within 30 days of arriving 
in the United States.
    10. Section 80.101 is amended by revising the fourth sentence in 
paragraph (b) to read as follows:


Sec. 80.101  Radiotelephone testing procedure.

* * * * *
    (b) * * * U. S. Coast Guard stations may be contacted on 2182 kHz 
or 156.800 MHz for test purposes only when tests are being conducted by 
Commission employees, when FCC-licensed technicians are conducting 
inspections on behalf of the Commission, when qualified technicians are 
installing or repairing radiotelephone equipment, or when qualified 
ship's personnel conduct an operational check requested by the U.S. 
Coast Guard. * * *
    11. Section 80.409 is amended by revising paragraphs (b)(1) 
introductory text and (f)(1) to read as follows:


Sec. 80.409  Station logs.

* * * * *
    (b) * * *
    (1) Logs must be retained by the licensee for a period of two years 
from the date of entry, and, when applicable, for such additional 
periods as required by the following paragraphs:
* * * * *
    (f) * * *
    (1) Radiotelephony stations subject to the Communications Act, the 
Safety Convention, or the Bridge-to-Bridge Act must record entries 
indicated by paragraphs (e)(1) through (e)(12) of this section. 
Additionally, the radiotelephone log must provide an easily 
identifiable, separate section relating to the required inspection of 
the ship's radio station. Entries must be made in this section giving 
at least the following information.
    (i) For ships that pass the inspection:
    (A) The date the inspection was conducted.
    (B) The date by which the next inspection needs to completed.
    (C) The inspector's printed name, address and class of FCC license 
(including the serial number).
    (D) The results of the inspection, including any repairs made.
    (E) The inspector's signed and dated certification that the vessel 
meets the requirements of the Communications Act and, if applicable, 
the Safety Convention and the Bridge-to-Bridge Act contained in 
subparts Q, R, S, U, or W of this part and has successfully passed the 
inspection.
    (F) The vessel owner, operator, or ship's master's certification 
that the inspection was satisfactory.
    (ii) For ships that fail the inspection:
    (A) The date the inspection was conducted.
    (B) The inspector's printed name, address and class of FCC license 
(including the serial number).
    (C) The reason that the ship did not pass the inspection.

[[Page 29660]]

    (D) The date and time that the ship's owner, operator or master was 
notified that the ship failed the inspection.
* * * * *
    12. Section 80.802 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 80.802  Inspection of station.

    (a) Every ship of the United States subject to Part II of Title III 
of the Communications Act or Chapter IV of the Safety Convention 
equipped with a radiotelegraph installation must have the required 
radio equipment inspected by an FCC-licensed technician holding a 
Second Class Radiotelegraph Operator's Certificate, or First Class 
Radiotelegraph Operator's Certificate once every 12 months. If the ship 
passes the inspection the technician will issue a Cargo Ship Safety 
Radio Certificate. Cargo Ship Safety Radio Certificates may be obtained 
from the Commission's National Call Center--(888) 225-5322--or from its 
Forms contractor.
* * * * *
    13. Section 80.818 is amended by revising paragraph (b) to read as 
follows:


Sec. 80.818  Direction finding and homing equipment.

* * * * *
    (b) On or after May 25, 1980, must be equipped with radio direction 
finding apparatus having a homing capability in accordance with 
Sec. 80.824.
    14. Section 80.819 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 80.819  Requirements for radio direction finder.

    (a) The radio direction finding apparatus must:
* * * * *
    15. Section 80.822 is revised to read as follows:


Sec. 80.822  Contingent acceptance of direction finder calibration.

    When the required calibration can not be made before departure from 
a harbor or port for a voyage in the open sea, the direction finder may 
be tentatively approved on condition that the master certifies in 
writing that the direction finder will be calibrated by a competent 
technician.
    16. Section 80.835 is amended by removing the fourth sentence in 
paragraph (a).
    17. Section 80.851 is amended by redesignating the text as 
paragraph (a) and adding a new paragraph (b) to read as follows:


Sec. 80.851  Applicability.

* * * * *
    (b) Until February 1, 1999, the inspection of all cargo vessels 
equipped with a radiotelephone installation operated on domestic or 
international voyages must be conducted by an FCC-licensed technician 
in accordance with Sec. 80.59 once every 12 months. If the ship passes 
the inspection the technician will issue a Safety Certificate. Cargo 
Ship Safety Radio Certificates may be obtained from the Commission's 
National Call Center--(888) 225-5322--or from its forms contractor.
    18. Section 80.903 is revised to read as follows:


Sec. 80.903  Inspection of radiotelephone installation.

    Every vessel subject to Part III of Title III of the Communications 
Act must have a detailed inspection of the radio installation by an 
FCC-licensed technician in accordance with Sec. 80.59 once every five 
years. The FCC-licensed technician must use the latest FCC Information 
Bulletin, How to Conduct an Inspection of a Small Passenger Vessel. If 
the ship passes the inspection, the technician will issue a 
Communications Act Safety Radiotelephony Certificate. Communications 
Act Radiotelephony Certificates may be obtained from the Commission's 
National Call Center--(888) 225-5322--or from its forms contractor.
    19. Section 80.1067 is amended by revising paragraph (a) to read as 
follows:


Sec. 80.1067  Inspection of station.

    (a) Ships must have the required equipment inspected at least once 
every 12 months by an FCC-licensed technician holding a GMDSS Radio 
Maintainer's License. If the ship passes the inspection the technician 
will issue a Safety Certificate. Safety Certificates may be obtained 
from the Commission's National Call Center at 1-888-CALL FCC (1-888-
225-5322) or from its field offices. The effective date of the ship 
Safety Certificate is the date the station is found to be in compliance 
or not later than one business day later. The FCC-licensed technician 
must use the latest FCC Information Bulletin, How to Conduct a GMDSS 
Inspection. Contact the FCC's National Call Center at 1-888-CALL FCC 
(1-888-225-5322) to request a copy.
* * * * *
[FR Doc. 98-13463 Filed 5-29-98; 8:45 am]
BILLING CODE 6712-01-P