[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25804-25807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12270]



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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.

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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 FCC-licensed 
operator instead of requiring that all inspections be conducted by FCC 
personnel. This change will improve the speed and convenience of

[[Page 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


Sec. 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:


Sec. 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 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.
* * * * *

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:


Sec. 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-to-Bridge 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 Sec. 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 
Sec. 80.59(b).
* * * * *
    6. Section 80.401 is revised to read as follows:


Sec. 80.401  Station documents requirement.

    Licensees of radio stations are required to have current station 
documents as indicated in the following table:

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    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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 80.1005  Inspection of station.

     * * * An inspection of the bridge-to-bridge 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]
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