25804 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Issued: May 16, 1996.

Richard W. Krimm,

Acting Associate Director, Mitigation

Directorate.

[FR Doc. 96–13017 Filed 5–22–96; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 80

[CI Docket No. 95–54, 96–195]

Inspection of Great Lakes Agreement

Ships

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has issued a

Report and Order which adopts rules to

require vessel operators on the Great

Lakes subject to the annual inspection

requirements of the Agreement between

the United States and Canada for the

Promotion of Safety on the Great Lakes

by Means of Radio (Great Lakes

Agreement) to have the inspection

performed by an FCC-licensed

technicians holding an FCC General

Radiotelephone Operator License, a

GMDSS Radio Maintainer’s License, a

Second Class Radiotelegraph Operator’s

Certificate, or a First Class

Radiotelegraph Operator’s Certificate

instead of by Commission staff. The

Commission took this action to reduce

economic burdens on the public and the

Commission. The intended effect of

these rule changes is increase the

availability of competent, private sector

inspectors to conduct Great Lakes

Agreement inspections without

adversely affecting safety and, thus,

provide greater convenience for the

maritime industry.

EFFECTIVE DATE: June 24, 1996.

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. 95–54, FCC

96–195, adopted April 25, 1996, and

released, April 26, 1996. 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, 2100 M Street

NW, Washington, DC 20037, telephone

(202) 857–3800.

Summary of Report and Order

1. In this Report and Order, we adopt

rules that require owners and operators

of ships subject to the annual inspection

requirements of the Agreement between

the United States and Canada for the

Promotion of Safety on the Great Lakes

by Means of Radio (Great Lakes

Agreement) to have the inspection

performed by an FCC General

Radiotelephone Operator License, a

GMDSS Radio Maintainer’s License, a

Second Class Radiotelegraph Operator’s

Certificate, or a First Class

Radiotelegraph Operator’s Certificate

instead of by Commission staff. These

changes will reduce economic burdens

on the public and the Commission by

allowing mariners to arrange for an

inspection at their convenience.

Because the United States is required by

the Great Lakes Agreement to fully

guarantee the completeness and

efficiency of the inspection, we are

adopting rules to require two

independent certifications that the ship

has passed an inspection. One

certification from the inspecting

technician that the vessel has passed an

inspection and another certification that

the vessel owner, operator, or ship’s

master is satisfied that the inspection

was satisfactory. 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.

2. The Great Lakes Agreement is

intended to promote safety of life and

property on the Great Lakes by means of

radio. It dates back to 1952 and requires,

among other things, that all vessels over

20 meters (65 feet), most towing vessels,

and vessels carrying more than six

passengers for hire be equipped with a

marine VHF radiotelephone installation.

The Great Lakes Agreement requires

that these installations be inspected at

least once each year. The Great Lakes

Agreement requires that the inspections

be carried out by officers of the

Contracting Governments or by either

persons nominated for that purpose or

organizations recognized by the

Contracting Government. In other

words, the Great Lakes Agreement

provides specific authority allowing the

United States to entrust the annual

inspection to either persons or

organizations other than the

Commission.

3. Additionally, the Great Lakes

Agreement requires that these vessels be

inspected while the vessel is in active

service or within one month before the

date the vessel is placed in service.

Because almost all vessels on the Great

Lakes must be taken out of service over

the winter and operators do not wish to

interrupt shipping schedules after the

shipping season begins, there is a very

busy period in the spring when these

vessels are being put back in service.

4. The Commission inspects

approximately 490 vessels subject to the

Great Lakes Agreement each year.

Commission inspectors test the output

power, frequency tolerance and

availability of reserve power, and

conduct an operational radio check of

the radiotelephone installation during

the inspection. Any failure of these

critical items results in the vessel failing

the annual inspection and not receiving

a safety certificate until the failure is

corrected. An integral part of the annual

inspection is to examine the connecting

transmission lines, electrical cabling

and control circuitry that make up the

entire radiotelephone installation to

ensure that the individual components

operate satisfactorily when connected

together.

5. Although the inspections are

relatively simple and generally take no

more than an hour to complete, they are

conducted to ensure that Great Lakes

Agreement ships have a reliable means

of distress communications in an

emergency. We note, however, that

improvements in the reliability of

radiotelephone equipment and the

industry practice of preinspection

examinations have resulted in an

inspection failure rate for Great Lakes

Agreement vessels of only one per cent.

6. We believe in the principle that

government should be responsive to

user needs and began this proceeding to

promote flexibility, remove unnecessary

and inimical regulations and, most

importantly, provide better service to

the public.

Final Regulatory Flexibility Analysis

7. 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.

8. Need for and purpose of this action.

The rules we adopt in this proceeding

will permit the owners and operators of

Great Lakes Agreement vessels to

arrange for an inspection by an FCClicensed operator instead of requiring

that all inspections be conducted by

FCC personnel. This change will

improve the speed and convenience of
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25805

service to the owners and operators of

such vessels, many of which are small

businesses and will conserve scarce

government resources.

9. 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.

10. Significant alternatives

considered. We proposed limiting the

inspection of subject vessels to

classification societies and requested

specific comments on our proposal.

Commenters overwhelmingly opposed

limiting the inspections solely to

classification societies and suggested

that we permit anyone with an FCC

license to inspect the vessels.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies)

47 CFR Part 80

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 80 of Chapter I of Title 47

of the Code of Federal Regulations 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

adding a new paragraph (i) to read as

follows:

Compliance and Information Bureau

§ 0.311 Authority delegated.

* * * * *

(i) 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 General

Radiotelephone Operator License,

GMDSS Radio Maintainer’s License,

Second Class Radiotelegraph Operator’s

Certificate, or First Class Radiotelegraph

Operator’s Certificate as certification

that the vessel complies with

requirements of Articles XI, XII, and XIII

of the Great Lakes Agreement. The

Chief, Compliance and Information

Bureau is authorized to delegate this

authority.

3. Section 0.314 is amended by

revising paragraph (l) to read as follows:

§ 0.314 Additional authority delegated.

* * * * *

(l) For inspection or periodical survey

as required by Article XII of the Great

Lakes Agreement and certification

prescribed by Article XIII thereof. The

District Director may require that the

inspection 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.

* * * * *

PART 80—STATIONS IN THE

MARITIME SERVICES

4. 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, 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.

5. Section 80.59 is amended by

revising the section heading, and

paragraphs (a) and (b) to read as follows:

§ 80.59 Compulsory ship inspections.

(a) Application for inspection of ships

subject to the Communications Act or

the Safety Convention. FCC Form 801,

including documentation that the

appropriate inspection fees have been

paid, must be used to apply for

inspection and certification for ships

subject to Part II or Part III of Title III

of the Communications Act or the Safety

Convention. An inspection of the

bridge-to-bridge radio stations on board

vessels subject to the Vessel Bridge-toBridge Radiotelephone Act will be

conducted when the vessels are

additionally subject to any of the laws

and treaties mentioned in the previous

sentence.

(1) Applications for inspections of

ships subject to Part II or Part III of Title

III or the Safety Convention must be

submitted to the Commission in

sufficient time to reach the FCC field

office serving the port where the ship is

to be inspected at least three days prior

to the proposed inspection date.

(2) If the inspection described in

paragraph (a)(1) of this section is to be

scheduled on a Sunday, national

holiday or during other than established

working hours on any other day, the

applicant must additionally submit FCC

Form 808 to the FCC field office serving

the port where the ship is to be

inspected at least three days prior to the

inspection.

(b) Inspection and certification of a

ship subject to the Great Lakes

Agreement. The FCC will not inspect

Great Lakes Agreement vessels. An

inspection and certification of a ship

subject to the Great Lakes Agreement

must be made by a technician holding

one of the following: an FCC General

Radiotelephone Operator License, a

GMDSS Radio Maintainer’s License, a

Second Class Radiotelegraph Operator’s

Certificate, or a First Class

Radiotelegraph Operator’s Certificate.

The certification required by § 80.953

must be entered into the ship’s log. The

technician conducting the inspection

and providing the certification must not

be the vessel’s owner, operator, master,

or an employee of any of them.

Additionally, the vessel owner,

operator, or ship’s master must certify

that the inspection was satisfactory.

There are no FCC prior notice

requirements for any inspection

pursuant to § 80.59(b).

* * * * *

6. Section 80.401 is revised to read as

follows:

§ 80.401 Station documents requirement.

Licensees of radio stations are

required to have current station

documents as indicated in the following

table:

BILLING CODE 6712–01–P
25806 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

BILLING CODE 6712–01–C
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25807

Notes:

1. The expired station license must be

retained in the station records until the first

Commission inspection after the expiration

date.

2. Alternatively, a list of coast stations

maintained by the licensee with which

communications are likely to be conducted,

showing watchkeeping hours, frequencies

and charges, is authorized.

3. Required only if station provides a

service to oceangoing vessels.

4. Certification of a Great Lakes Agreement

inspection may be made by either a log entry

or issuance of a Great Lakes Agreement

certificate. Radiotelephone logs containing

entries certifying that a Great Lakes

Agreement inspection has been conducted

must be retained and be available for

inspection by the FCC for 2 years after the

date of the inspection.

7. Section 80.409 is amended by

adding a new sentence at the end of

paragraph (b)(2), and revising paragraph

(f)(2) to read as follows:

§ 80.409 Station logs.

* * * * *

(b) * * *

(2) * * * Additionally, logs required

by paragraph (f) of this section must be

retained on board the vessel for a period

of 2 years from the date of the last

inspection of the ship radio station.

(f) * * *

(2) Radiotelephony stations subject to

the Great Lakes Agreement and the

Bridge-to-Bridge Act must record entries

indicated by paragraphs (e) (1), (5), (6),

(7), (8), (9), (11) and (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) The date the inspection was

conducted;

(ii) The date by which the next

inspection needs to be completed;

(iii) The inspector’s printed name,

address and class of FCC license

(including the serial number);

(iv) The results of the inspection,

including any repairs made;

(v) The inspector’s signed and dated

certification that the vessel meets the

requirements of the Great Lakes

Agreement and the Bridge-to-Bridge Act

contained in Subparts T and U of this

part and has successfully passed the

inspection; and

(vi) The vessel owner, operator, or

ship’s master’s certification that the

inspection was satisfactory.

* * * * *

8. Section 80.411 is amended by

adding a new sentence to the end of

paragraph (b) to read as follows:

§ 80.411 Vessel certification or exemption.

* * * * *

(b) * * * Ships subject to the Great

Lakes Agreement may, in lieu of a

posted certificate, certify compliance in

the station log required by section

80.409(f).

9. Section 80.953 is revised to read as

follows:

§ 80.953 Inspection and certification.

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

Great Lakes Agreement must have an

inspection of the required

radiotelephone installation at least once

every 13 months. This inspection must

be made while the vessel is in active

service or within not more than one

month before the date on which it is

placed in service.

(b) An inspection and certification of

a ship subject to the Great Lakes

Agreement must be made by a

technician holding one of the following:

a General Radiotelephone Operator

License, a GMDSS Radio Maintainer’s

License, a Second Class Radiotelegraph

Operator’s Certificate, or a First Class

Radiotelegraph Operator’s Certificate.

Additionally, the technician must not be

the vessel’s owner, operator, master, or

an employee of any of them. The results

of the inspection must be recorded in

the ship’s radiotelephone log and

include:

(1) The date the inspection was

conducted;

(2) The date by which the next

inspection needs to be completed;

(3) The inspector’s printed name,

address, class of FCC license (including

the serial number);

(4) The results of the inspection,

including any repairs made; and

(5) The inspector’s signed and dated

certification that the vessel meets the

requirements of the Great Lakes

Agreement and the Bridge-to-Bridge Act

contained in Subparts T and U of this

part and has successfully passed the

inspection.

(c) The vessel owner, operator, or

ship’s master must certify that the

inspection required by paragraph (b)

was satisfactory.

(d) The ship’s log must be retained

on-board the vessel for at least two years

from the date of the inspection.

10. Section 80.1005 is amended by

adding two new sentences at the end of

the section to read as follows:

§ 80.1005 Inspection of station.

* * * An inspection of the bridge-tobridge station on a Great Lakes

Agreement vessel must normally be

made at the same time as the Great

Lakes Agreement inspection is

conducted by a technician holding one

of the following: a General

Radiotelephone Operator License, a

GMDSS Radio Maintainer’s License, a

Second Class Radiotelegraph Operator’s

Certificate, or a First Class

Radiotelegraph Operator’s Certificate.

Additionally, the technician must not be

the vessel’s owner, operator, master, or

an employee of any of them. Ships

subject to the Bridge-to-Bridge Act may,

in lieu of an endorsed certificate, certify

compliance in the station log required

by section 80.409(f).

[FR Doc. 96–12270 Filed 5–22–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 24

[DA 96–706]

Waiver of Bid Withdrawal Payment

Provisions

AGENCY: Federal Communications

Commission.

ACTION: Final rule; waiver.

SUMMARY: On March 6, 1995, Georgia

Independent PCS Corporation (Georgia)

filed a request for waiver of the bid

withdrawal payment provisions

applicable to the broadband PCS C

block auction. Under the Commission’s

rules, the amount of the bid withdrawal

payment is equal to the difference

between the withdrawn bid amount and

the amount of the subsequent winning

bid, if the subsequent winning bid is

lower. No withdrawal payment is

assessed if the subsequent winning bid

exceeds the withdrawn bid. The Order

reduces Georgia’s bid withdrawal

payment to the minimum bid increment

for License B–076 (Chattanooga, TN) in

Round 37 of the broadband Personal

Communications Services (PCS) C block

auction, or $569,898.

EFFECTIVE DATE: May 6, 1996.

FOR FURTHER INFORMATION CONTACT:

James Hedlund at 202–418–0660.

SUPPLEMENTARY INFORMATION: This

Order, adopted May 6, 1996 and

released May 6, 1996, 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, Inc., 2100 M

Street NW., Suite 140, Washington, DC

20037 (202) 857–3800.

Order

1. The Wireless Telecommunications

Bureau has before it a Request for

Waiver of Section 24.704(a)(1) of the

Commission’s rules filed by Georgia