29656 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

zipcode to which the HCFA notice

provided for in paragraph (a) of this

section is to be sent.

6. In § 489.67, paragraphs (b) through

(e) are redesignated as paragraphs (c)

through (f), respectively, paragraph (a) is

revised, and a new paragraph (b) is

added to read as follows:

§ 489.67 Submission date and term of the

bond.

(a) Each participating HHA that does

not meet the criteria for waiver under

§ 489.62 must submit to HCFA, in such

a form as HCFA may specify, a surety

bond as follows:

(1) Initial submission date and term:

By July 31, 1998. The term of the initial

bond is for a term beginning January 1,

1998. If an annual bond is submitted for

the initial term, it must be effective

through the end of the HHA’s current

fiscal year.

(2) Subsequent submission date and

term. Not later than 30 days before the

beginning of the HHA’s fiscal year, a

surety bond, or, if necessary, a rider,

effective for a term concurrent with the

HHA’s fiscal year.

(b) Type of bond. The type of bond

required to be submitted by an HHA

under this subpart may be either—

(1) An annual bond (that is, a bond

that specifies an effective annual period

corresponding to the HHA’s fiscal year);

or

(2) A continuous bond (that is, a bond

that remains in full force and effect from

term to term unless it is terminated or

canceled as provided for in the bond or

as otherwise provided by law) that is

updated by the Surety, via the issuance

of a rider, for a particular fiscal year for

which the bond amount has changed or

will change.

* * * * *

7. Section 489.71 is revised to read as

follows:

§ 489.71 Surety’s standing to appeal

Medicare determinations.

A Surety has standing to appeal any

matter that the HHA could appeal,

provided the Surety satisfies all

jurisdictional and procedural

requirements that would otherwise have

applied to the HHA, and provided the

HHA is not, itself, actively pursuing its

appeal rights under this chapter, and

provided further that, with respect to

unpaid claims, the Surety has paid

HCFA all amounts owed to HCFA by the

HHA on such unpaid claims, up to the

amount of the bond.

8. Section 489.73 is redesignated as

§ 489.74 in subpart F, and a new

§ 489.73 is added to read as follows:

§ 489.73 Effect of conditions of payment.

If a Surety has paid an amount to

HCFA on the basis of liability incurred

under a bond obtained by an HHA

under this subpart F, and HCFA

subsequently collects from the HHA, in

whole or in part, on such unpaid claim,

civil money penalty, or assessment that

was the basis for the Surety’s liability,

HCFA reimburses the Surety such

amount as HCFA collected from the

HHA, up to the amount paid by the

Surety to HCFA, provided the Surety

has no other liability to HCFA under the

bond.

(Authority: Secs. 1102 and 1871 of the Social

Security Act (42 U.S.C. 1302 and 1395hh)).

(Catalog of Federal Domestic Assistance

Program No. 93.774, Medicare—

Supplementary Medical Insurance Program,

and Program No. 93.778, Medical Assistance

Program)

Dated: April 8, 1998.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Dated: May 8, 1998.

Donna E. Shalala,

Secretary.

[FR Doc. 98–14309 Filed 5–26–98; 4:58 pm]

BILLING CODE 4120–01–P

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.

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 FCClicensed 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
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 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
29658 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

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:

§ 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 § 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:

§ 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 § 80.903 of this

chapter. The District Director or

Resident Agent will require that the

inspection be conducted by an FCClicensed technician holding an

appropriate class of FCC license in

accordance with § 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 § 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:

§ 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:

§ 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 FCClicensed 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:
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29659

Category of vessel

Minimum class of FCC license required by private sector technician to conduct inspection—only one license

required

General

radiotelephone operator license

GMDSS

radio maintainer’s license

Second

class

radiotelegraph operator’s certificate

First class

radiotelegraph operator’s certificate

Radiotelephone equipped vessels subject to 47 CFR part 80, subpart R or S .............. √ √ √ √

Radiotelegraph equipped vessels subject to 47 CFR part 80, subpart Q ....................... .................... .................... √ √

GMDSS equipped vessels subject to 47 CFR part 80, subpart W or subpart Q ............ .................... √ .................... ....................

(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 FCClicensed 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 FCClicensed 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:

§ 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 FCClicensed 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:

§ 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.
29660 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

(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:

§ 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:

§ 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 § 80.824.

14. Section 80.819 is amended by

revising paragraph (a) introductory text

to read as follows:

§ 80.819 Requirements for radio direction

finder.

(a) The radio direction finding

apparatus must:

* * * * *

15. Section 80.822 is revised to read

as follows:

§ 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:

§ 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 FCClicensed technician in accordance with

§ 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:

§ 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 § 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:

§ 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 FCClicensed 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

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 11 and 76

[FO Dockets No. 91–171, 91–301; FCC 97–

338]

Emergency Alert System

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Second Report and

Order modifies the Emergency Alert

System (EAS) as it applies to wired

cable TV systems. Also, wireless cable

TV systems are required to participate

in EAS. Deadlines for compliance are

established. Small cable systems are

allowed five years to phase-in EAS and

may operate with reduced EAS

equipment requirements. Larger cable

systems must comply by December 31,

1998. Satellite Master Antenna TV and

Video Dial Tone/Open Video Systems

are not required to participate. State and

local regulations relating to emergency

communications and EAS are not

preempted, but will be if these

regulations interfere with EAS.

EFFECTIVE DATE: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

David Sturdivant, Compliance and

Information Bureau, (202) 418–1220.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Second

Report and Order in FO Dockets 91–

171; 91–301, adopted September 24,

1997, and released September 29, 1997.

The full text of this Federal

Communications Commission’s (FCC)

Second Report and Order is available

for inspection and copying during

normal business hours in the FCC’s

Public Reference Center (Room 239),

1919 M Street, N.W., Washington, D.C.

20554. The complete text may also be

purchased from the Commission’s

duplication contractor, International

Transcription Service, Inc., 1231 20th

Street, NW, Washington, D.C. 20036;

phone: (202) 857–3800, facsimile: (202)

857–3805.

Synopsis of Second Report and Order

The FCC adopted a Second Report

and Order pertaining to the

participation by wired and wireless

cable TV systems in the Emergency

Alert System (EAS). The rule changes

are provided at the end of this synopsis.

EAS replaced the Emergency

Broadcast System (EBS), and uses

various communications technologies,

such as broadcast stations and cable

systems, to alert the public regarding

national, state and local emergencies.