Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 66709 

Education, 400 Maryland Avenue, SW., 

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Correction 

In proposed rule FR Doc. 10–26180, 

beginning on page 67363 in the issue of 

October 18, 2010, make the following 

correction, in the SUPPLEMENTARY

INFORMATION section. On page 63764, in 

the second column, in the eighth and 

ninth lines, correct the date to read 

‘‘October 29, 2010’’. 

Dated: October 26, 2010. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2010–27415 Filed 10–28–10; 8:45 am] 

BILLING CODE 4000–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, 13, 80, and 87 

[WT Docket No. 10–177; FCC 10–154] 

Commercial Radio Operators Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend our rules concerning commercial 

radio operator licenses for maritime and 

aviation radio stations who perform 

certain functions performed within the 

commercial radio operators service, to 

determine which rules can be clarified, 

streamlined, or eliminated. 

DATES: Submit comments on or before 

November 29, 2010 and reply comments 

are due December 13, 2010. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 10–177; 

FCC 10–154, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Stana Kimball, Mobility Division, 

Wireless Telecommunications Bureau, 

(202) 418–1306, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), WT 

Docket No. 10–177, FCC 10–154, 

adopted August 31, 2010, and released 

September 8, 2010. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Center, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554, or by 

downloading the text from the 

Commission’s Web site at http:// 

www.fcc.gov/Daily_Releases/ 

Daily_Digest/2010/dd100909.html. The 

complete text also may be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, Suite CY– 

B402, Washington, DC 20554. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an e-mail to FCC504@fcc.gov or 

calling the Consumer and Government 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

1. The Commission initiated this 

proceeding to amend the Commercial 

Radio Operators rules, and related rules 

in parts 0, 1, 80, and 87 regarding 

certain functions performed by licensed 

commercial radio operators (COLEMs). 

Specifically, the Commission proposed 

in the NPRM to amend the commercial 

radio operator rules to: (1) Cease 

granting new First and Third Class 

Radiotelegraph Operator’s Certificates, 

and seek comment on extending the 

current five-year license for 

radiotelegraph operator certificates to 

ten years or the lifetime of the holder; 

(2) eliminate prohibitions against 

holding two licenses at the same time, 

and restrictive endorsements; and 

(3) make the COLEMs responsible for 

maintaining the question pools for 

commercial radio operator 

examinations, stop requiring them to 

submit examination-related records on a 

regular basis, and make additional 

administrative changes relating to the 

examinations such as recordkeeping, 

electronic filing, and submission of 

records to the Commission. In the 

NPRM, the Commission also seeks 

comment on whether and how to 

harmonize the part 80 equipment testing 

and logging requirements, and proposes 

other administrative and editorial 

amendments. 

I. Procedural Matters 

A. Ex Parte Rules—Permit-but-Disclose 

Proceeding 

2. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s rules. 

B. Comment Dates 

3. Pursuant to §§ 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments on or before 

November 29, 2010, and reply 

comments are due December 13, 2010. 

4. Commenters may file comments 

electronically using the Commission’s 

Electronic Comment Filing System 

(ECFS), the Federal Government’s 

eRulemaking Portal, or by filing paper 

copies. Commenters filing through the 

ECFS can be sent as an electronic file 

via the Internet to http://www.fcc.gov/efile/ecfs.html. If multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy for each 

docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Commenters may also submit 

an electronic comment by Internet 

e-mail. To get filing instructions for 

e-mail comments, commenters should 

send an e-mail to ecfs@fcc.gov, and 

should include the following words in 

the body of the message, ‘‘get form.’’ 

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66710 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 

Commenters will receive a sample form 

and directions in reply. Commenters 

filing through the Federal eRulemaking 

Portal http://www.regulations.gov, 

should follow the instructions provided 

on the Web site for submitting 

comments. 

5. Commenters who chose to file 

paper comments must file an original 

and four copies of each comment. If 

more than one docket or rulemaking 

number appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. All 

filings must be sent to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission, 

445 12th Street, SW., Room TW–A325, 

Washington, DC 20554. 

6. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission, as follows: All handdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Envelopes 

must be disposed of before entering the 

building. The filing hours at this 

location are 8 a.m. to 7 p.m. Commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail) 

must be sent to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. U.S. 

Postal Service first-class mail, Express 

Mail, and Priority Mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

C. Paperwork Reduction Act 

7. This document contains proposed 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we seek specific comment on how we 

might further reduce the ‘‘information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

II. Initial Regulatory Flexibility 

Analysis 

8. As required by the Regulatory 

Flexibility Act (RFA), the Commission 

has prepared this Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

small entities by the policies and rules 

proposed in the NPRM in this 

proceeding. Written public comments 

are requested on this IRFA. Comments 

must be identified as responses to the 

IRFA and must be filed by the deadlines 

for comments as provided in paragraph 

28 in the NPRM. The Commission will 

send a copy of the NPRM, including the 

IRFA, to the Chief Counsel for Advocacy 

of the U.S. Small Business 

Administration. In addition, the NPRM 

and IRFA (or summaries thereof) will be 

published in the Federal Register. 

Need for, and Objectives of, the 

Proposed Rules 

3. We believe it appropriate to review 

our regulations in relating commercial 

radio operators to determine which 

rules can be clarified, streamlined or 

eliminated. In the NPRM, we seek 

comment on miscellaneous 

amendments that are intended to clarify 

part 13 rules, including the elimination 

of rules that refer to outdated services, 

equipment, and technology. In addition, 

the NPRM seeks comment on proposed 

editorial changes to rules contained in 

parts 0, 1, 80, and 87 that relate to 

commercial radio operator services. We 

also solicit comment on any other 

changes, corrections, or clarifications of 

the rules governing commercial radio 

operators that commenters believe are 

needed. 

Legal Basis for Proposed Rules 

4. The proposed action is authorized 

under sections 4(i), 303(r), and 403 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303(r), and 

403. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

5. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the rules adopted. The RFA generally 

defines the term ‘‘small entity’’ as having 

the same meaning as the terms ‘‘small 

business,’’ ‘‘small organization,’’ and 

‘‘small governmental jurisdiction.’’ In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one which: (1) Is independently 

owned and operated; (2) is not 

dominant in its field of operation; and 

(3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

6. Commercial radio licenses are 

issued only to individuals. Individuals 

are not ‘‘small entities’’ under the RFA. 

7. Individual licensees are tested by 

commercial operator license 

examination managers (COLEMs). The 

Commission has not developed a 

definition for a small business or small 

organization that is applicable for 

COLEMs. The RFA defines the term 

‘‘small organization’’ as meaning ‘‘any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field * * *.’’ All 

of the COLEM organizations would 

appear to meet the RFA definition for 

small organizations. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

8. There are no projected reporting, 

recordkeeping or other compliance 

requirements. 

Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

9. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives: (1) The 

establishment of differing compliance or 

reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) the 

clarification, consolidation, or 

simplification of compliance or 

reporting requirements under the rule 

for small entities; (3) the use of 

performance, rather than design 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

10. We believe the changes proposed 

in the NPRM will promote flexibility 

and more efficient use of the spectrum, 

without creating administrative burdens 

on the Commission, COLEMs, or 

individual licensees. Many of the 

proposed changes constitute 

clarification of existing requirements or 

elimination of reporting requirements 

and other rules that are outdated. In this 

NPRM, we seek comment on our 

proposals to modify the rules. Among 

others, we seek comment on our 

proposal to require COLEMs to maintain 

the pool of questions for commercial 

radio operator license examinations. We 

believe that this would reduce 

administrative burden on the 

Commission and speed up the question 

pool revision process, without overly 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 66711 

burdening COLEMs which already 

cooperate in creating new question 

pools. To codify the current business 

practice of the majority of COLEMs, we 

seek comment on our proposal to 

require COLEMs to file applications on 

behalf of individual applicants 

electronically. We believe that this too 

would reduce administrative burden on 

the Commission, without burdening 

COLEMs. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

11. None. 

III. Ordering Clauses 

12. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the NPRM, including the Initial 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects 

47 CFR Part 0 

Organization and functions 

(Government agencies). 

47 CFR Part 1 

Administrative practice and 

procedure, Communications common 

carriers, Telecommunications. 

47 CFR Parts 13 and 80 

Communications equipment, Radio. 

47 CFR Part 87 

Air transportation, Communications 

equipment, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 0, 1, 13, 80, and 87 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, 225, unless 

otherwise noted. 

2. Section 0.483 is amended by 

revising paragraph (b) to read as follows: 

§ 0.483 Applications for amateur or 

commercial radio operator licenses. 

* * * * * 

(b) Application filing procedures for 

commercial radio operator licenses are 

set forth in part 13 of this chapter. 

§ 0.489 [Removed] 

3. Remove § 0.489. 

PART 1—PRACTICE AND 

PROCEDURE 

4. The authority citation for part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 303(r), and 

309. 

5. Section 1.85 is revised to read as 

follows: 

§ 1.85 Suspension of operator licenses. 

Whenever grounds exist for 

suspension of an operator license, as 

provided in section 303(m) of the 

Communications Act, the Chief of the 

Wireless Telecommunications Bureau, 

with respect to amateur and commercial 

radio operator licenses, may issue an 

order suspending the operator license. 

No order of suspension of any operator’s 

license shall take effect until 15 days’ 

notice in writing of the cause for the 

proposed suspension has been given to 

the operator licensee, who may make 

written application to the Commission 

at any time within the said 15 days for 

a hearing upon such order. The notice 

to the operator licensee shall not be 

effective until actually received by him, 

and from that time he shall have 15 days 

in which to mail the said application. In 

the event that physical conditions 

prevent mailing of the application 

before the expiration of the 15-day 

period, the application shall then be 

mailed as soon as possible thereafter, 

accompanied by a satisfactory 

explanation of the delay. Upon receipt 

by the Commission of such application 

for hearing, said order of suspension 

shall be designated for hearing by the 

Chief, Wireless Telecommunications 

Bureau and said suspension shall be 

held in abeyance until the conclusion of 

the hearing. Upon the conclusion of said 

hearing, the Commission may affirm, 

modify, or revoke said order of 

suspension. If the license is ordered 

suspended, the operator shall send his 

operator license to the Mobility 

Division, Wireless Telecommunications 

Bureau, in Washington, DC, on or before 

the effective date of the order, or, if the 

effective date has passed at the time 

notice is received, the license shall be 

sent to the Commission forthwith. 

PART 13—COMMERCIAL RADIO 

OPERATORS 

6. The authority citation for part 13 

continues to read as follows: 

Authority: Secs. 4, 303, 48 Stat. 1066, 

1082 as amended; 47 U.S.C. 154, 303. 

7. Section 13.7 is amended by revising 

paragraphs (b)(1) through (b)(3), and 

paragraph (c) to read as follows: 

§ 13.7 Classification of operator licenses 

and endorsements. 

* * * * * 

(b) * * * 

(1) First Class Radiotelegraph 

Operator’s Certificate. Beginning [date 

reserved], no applications for new First 

Class Radiotelegraph Operator’s 

Certificates will be accepted for filing. 

(2) Radiotelegraph Operator’s 

Certificate (formerly Second Class 

Radiotelegraph Operator’s Certificate). 

(3) Third Class Radiotelegraph 

Operator’s Certificate (radiotelegraph 

operator’s special certificate). Beginning 

[date reserved], no applications for new 

Third Class Radiotelegraph Operator’s 

Certificates will be accepted for filing. 

* * * * * 

(c) There are three license 

endorsements affixed by the FCC to 

provide special authorizations or 

restrictions. Endorsements may be 

affixed to the license(s) indicated in 

parentheses. 

(1) Ship Radar Endorsement 

(Radiotelegraph Operator Certificate, 

First and Second Class Radiotelegraph 

Operator’s Certificates, General 

Radiotelephone Operator License, 

GMDSS Radio Maintainer’s License). 

(2) Six Months Service Endorsement 

(Radiotelegraph Operator Certificate, 

First and Second Class Radiotelegraph 

Operator’s Certificates). 

(3) Restrictive endorsements relating 

to physical disability, English language 

or literacy waivers, or other matters (all 

licenses). 

* * * * * 

8. Section 13.8 is amended by revising 

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

§ 13.8 Authority conveyed. 

* * * * * 

(a) First Class Radiotelegraph 

Operator’s Certificate conveys all of the 

operating authority of the 

Radiotelegraph Operator’s Certificate, 

the Second Class Radiotelegraph 

Operator’s Certificate, the Third Class 

Radiotelegraph Operator’s Certificate, 

the Restricted Radiotelephone Operator 

Permit, and the Marine Radio Operator 

Permit. 

(b) Radiotelegraph Operator’s 

Certificate is equivalent to Second Class 

Radiotelegraph Operator’s Certificate. 

Second Class Radiotelegraph Operator’s 

Certificate conveys all of the operating 

authority of the Third Class 

Radiotelegraph Operator’s Certificate, 

the Restricted Radiotelephone Operator 

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66712 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 

Permit, and the Marine Radio Operator 

Permit. 

* * * * * 

9. Section 13.9 is amended by revising 

paragraphs (b), (c), and (f)(4) to read as 

follows: 

§ 13.9 Eligibility and application for new 

license or endorsement. 

* * * * * 

(b) Each application for a new General 

Radiotelephone Operator License, 

Marine Radio Operator Permit, 

Radiotelegraph Operator’s Certificate, 

Ship Radar Endorsement, Six Months 

Service Endorsement, GMDSS Radio 

Operator’s License, Restricted GMDSS 

Radio Operator’s License, GMDSS Radio 

Maintainer’s License, GMDSS Radio 

Operator/Maintainer License, Restricted 

Radiotelephone Operator Permit, or 

Restricted Radiotelephone Operator 

Permit-Limited Use must be filed on 

FCC Form 605 in accordance with 

§ 1.913 of this chapter. 

(c) Each application for a new General 

Radiotelephone Operator License, 

Marine Radio Operator Permit, 

Radiotelegraph Operator’s Certificate, 

Ship Radar Endorsement, GMDSS Radio 

Operator’s License, Restricted GMDSS 

Radio Operator’s License, GMDSS Radio 

Maintainer’s License, or GMDSS Radio 

Operator/Maintainer License must be 

accompanied by the required fee, if any, 

and submitted in accordance with 

§ 1.913 of this chapter. The application 

must include an original PPC(s) from a 

COLEM(s) showing that the applicant 

has passed the necessary examination 

element(s) within the previous 365 days 

when the applicant files the application. 

If a COLEM files the application 

electronically on behalf of the applicant, 

an original PPC(s) is not required. 

However, the COLEM must keep the 

PPC(s) on file for a period of 1 year. 

* * * * * 

(f) * * * 

(4) The applicant held a FCC-issued 

Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, or Second Class 

Radiotelegraph Operator’s Certificate 

during this entire six month qualifying 

period; and 

* * * * * 

10. Section 13.10 is revised to read as 

follows: 

§ 13.10 Licensee address. 

In accordance with § 1.923 of this 

chapter all applicants (except applicants 

for a Restricted Radiotelephone 

Operator Permit and applicants for a 

Restricted Radiotelephone Operator 

Permit—Limited Use) must specify an 

address where the applicant can receive 

mail delivery by the United States 

Postal Service. Suspension of the 

operator license or permit may result 

when correspondence from the FCC is 

returned as undeliverable because the 

applicant failed to provide the correct 

mailing address. 

11. Section 13.11 is revised to read as 

follows: 

§ 13.11 Holding more than one commercial 

radio operator license. 

Each person who is not legally 

eligible for employment in the United 

States, and certain other persons who 

were issued permits prior to September 

13, 1982, may hold two Restricted 

Radiotelephone Operator Permits 

simultaneously when each permit 

authorizes the operation of a particular 

station or class of stations. 

12. Section 13.13 is amended by 

revising paragraphs (a), (b), and (d) to 

read as follows: 

§ 13.13 Application for a renewed or 

modified license. 

(a) Each application to renew a 

Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, Second Class Radiotelegraph 

Operator’s Certificate, or Third Class 

Radiotelegraph Operator’s Certificate 

must be made on FCC Form 605. The 

application must be accompanied by the 

appropriate fee and submitted in 

accordance with § 1.913 of this chapter. 

(Beginning [date reserved]; First and 

Second Class Radiotelegraph Operator’s 

Certificates will be renewed as 

Radiotelegraph Operator’s Certificates.) 

(b) If a license expires, application for 

renewal may be made during a grace 

period of five years after the expiration 

date without having to retake the 

required examinations. The application 

must be accompanied by the required 

fee and submitted in accordance with 

§ 1.913 of this chapter. During the grace 

period, the expired license is not valid. 

A license renewed during the grace 

period will be effective as of the date of 

the renewal. Licensees who fail to 

renew their licenses within the grace 

period must apply for a new license and 

take the required examination(s). 

(Beginning [date reserved]; no 

applications for new First Class 

Radiotelegraph Operator’s Certificates or 

Third Class Radiotelegraph Operator’s 

Certificates will be accepted for filing.) 

* * * * * 

(d) Provided that a person’s 

commercial radio operator license was 

not revoked, or suspended, and is not 

the subject of an ongoing suspension 

proceeding, a person holding a General 

Radiotelephone Operator License, 

Marine Radio Operator Permit, 

Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, Second Class Radiotelegraph 

Operator’s Certificate, Third Class 

Radiotelegraph Operator’s Certificate, 

GMDSS Radio Operator’s License, 

GMDSS Radio Maintainer’s License, or 

GMDSS Radio Operator/Maintainer 

License, who has an application for 

another commercial radio operator 

license which has not yet been acted 

upon pending at the FCC and who holds 

a PPC(s) indicating that he or she passed 

the necessary examination(s) within the 

previous 365 days, is authorized to 

exercise the rights and privileges of the 

license for which the application is 

filed. This temporary conditional 

operating authority is valid for a period 

of 90 days from the date the application 

is received. This temporary conditional 

operating authority does not relieve the 

licensee of the obligation to comply 

with the certification requirements of 

the Standards of Training, Certification 

and Watchkeeping (STCW) Convention. 

The FCC, in its discretion, may cancel 

this temporary conditional operating 

authority without a hearing. 

* * * * * 

13. Section 13.15 is amended by 

revising paragraph (a) to read as follows: 

§ 13.15 License term. 

(a) Radiotelegraph Operator’s 

Certificates, First Class Radiotelegraph 

Operator’s Certificates, Second Class 

Radiotelegraph Operator’s Certificates, 

and Third Class Radiotelegraph 

Operator’s Certificates are normally 

valid for a term of five years from the 

date of issuance. 

* * * * * 

14. Section 13.17 is amended by 

revising paragraphs (b) and (c), and by 

removing paragraph (d) and 

redesignating paragraph (e) as paragraph 

(d) to read as follows: 

§ 13.17 Replacement license. 

* * * * * 

(b) Each application for a replacement 

General Radiotelephone Operator 

License, Marine Radio Operator Permit, 

Radiotelegraph Operator Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, Second Class Radiotelegraph 

Operator’s Certificate, Third Class 

Radiotelegraph Operator’s Certificate, 

GMDSS Radio Operator’s License, 

Restricted GMDSS Radio Operator’s 

License, GMDSS Radio Maintainer’s 

License, or GMDSS Radio Operator/ 

Maintainer License must be made on 

FCC Form 605 and must include a 

written explanation as to the 

circumstances involved in the loss, 

mutilation, or destruction of the original 

document. 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 66713 

(c) Each application for a replacement 

Restricted Radiotelephone Operator 

Permit or Restricted Radiotelephone 

Operator Permit-Limited Use must be on 

FCC Form 605. 

* * * * * 

15. Section 13.201 is amended by 

revising paragraphs (b) (1) through (b)(7) 

to read as follows: 

§ 13.201 Qualifying for a commercial 

operator license or endorsement. 

* * * * * 

(b) * * * 

(1) Radiotelegraph Operator’s 

Certificate. 

(i) Telegraphy Elements 1 and 2; 

(ii) Written Elements 1, 5, and 6. 

(2) General Radiotelephone Operator 

License: Written Elements 1 and 3. 

(3) Marine Radio Operator Permit: 

Written Element 1. 

(4) GMDSS Radio Operator’s License: 

Written Elements 1 and 7, or a Proof of 

Passing Certificate (PPC) issued by the 

United States Coast Guard or its 

designee representing a certificate of 

competency from a Coast Guardapproved training course for a GMDSS 

endorsement. 

(5) Restricted GMDSS Radio Operator 

License: Written Elements 1 and 7R, or 

a Proof of Passing Certificate (PPC) 

issued by the United States Coast Guard 

or its designee representing a certificate 

of competency from a Coast Guardapproved training course for a GMDSS 

endorsement. 

(6) GMDSS Radio Maintainer’s 

License: Written Elements 1, 3, and 9. 

(7) Ship Radar Endorsement: Written 

Element 8. 

* * * * * 

16. Section 13.203 is amended by 

revising paragraphs (a)(1) and (a)(2), and 

by removing paragraphs (b)(3) and (b)(4) 

to read as follows: 

§ 13.203 Examination elements. 

(a) * * * 

(1) Element 1: Basic radio law and 

operating practice with which every 

maritime radio operator should be 

familiar. Questions concerning 

provisions of laws, treaties, regulations, 

and operating procedures and practices 

generally followed or required in 

communicating by means of 

radiotelephone stations. 

(2) Element 3: General 

radiotelephone. Questions concerning 

electronic fundamentals and techniques 

required to adjust, repair, and maintain 

radio transmitters and receivers at 

stations licensed by the FCC in the 

aviation and maritime radio services. 

* * * * * 

17. Section 13.209 is amended by 

revising paragraph (d), removing 

paragraph (e), redesignating paragraphs 

(f) through (j) as paragraphs (e) through 

(i), and by revising newly redesignated 

paragraph (h) to read as follows: 

§ 13.209 Examination procedures. 

* * * * * 

(d) Passing a telegraphy examination. 

Passing a telegraphy receiving 

examination is adequate proof of an 

examinee’s ability to both send and 

receive telegraphy. The COLEM, 

however, may also include a sending 

segment in a telegraphy examination. 

(1) To pass a receiving telegraphy 

examination, an examinee is required to 

receive correctly the message by ear, for 

a period of 1 minute without error at the 

rate of speed specified in § 13.203(b). 

(2) To pass a sending telegraphy 

examination, an examinee is required to 

send correctly for a period of one 

minute at the rate of speed specified in 

§ 13.203(b). 

* * * * * 

(h) No applicant who is eligible to 

apply for any commercial radio operator 

license shall, by reason of any physical 

disability, be denied the privilege of 

applying and being permitted to attempt 

to prove his or her qualifications (by 

examination if examination is required) 

for such commercial radio operator 

license in accordance with procedures 

established by the COLEM. 

* * * * * 

18. Section 13.211 is amended by 

revising paragraph (e) to read as follows: 

§ 13.211 Commercial radio operator 

license examination. 

* * * * * 

(e) Within 3 business days of 

completion of the examination 

element(s), the COLEM must provide 

the results of the examination to the 

examinee and the COLEM must issue a 

PPC to an examinee who scores a 

passing grade on an examination 

element. 

* * * * * 

19. Section 13.213 is amended by 

adding paragraph (g) to read as follows: 

§ 13.213 COLEM qualifications. 

* * * * * 

(g) Submit applications that it files on 

behalf of applicants electronically via 

the Commission’s Universal Licensing 

System. 

20. Section 13.215 is revised to read 

as follows: 

§ 13.215 Question pools. 

All COLEMs must cooperate in 

maintaining one question pool for each 

written examination element. Each 

question pool must contain at least 5 

times the number of questions required 

for a single examination. Each question 

pool must be published and made 

available to the public prior to its use 

for making a question set. 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

21. The authority citation for part 80 

continues to read as follows: 

Authority: Secs. 4, 303, 307(e), 309, and 

332, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309, and 332, 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. 

22. Section 80.59 is amended by 

revising the note and the table in 

paragraph (a)(1) and paragraph (b) to 

read as follows: 

§ 80.59 Compulsory ship inspections. 

(a) * * * 

(1) * * * 

Note to paragraph (a)(1): 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, 

Radiotelegraph Operator’s Certificate, Second 

Class Radiotelegraph Operator’s Certificate, 

or First Class Radiotelegraph Operator’s 

Certificate in accordance with the following 

table: 

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66714 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 

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 

Radiotelegraph 

operator’s certificate (formerly 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 ...................................................................... √ √ √ √ 

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

* * * * * 

(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 

Radiotelegraph Operator’s Certificate, 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). 

* * * * * 

23. Section 80.151 is amended by 

adding paragraphs (b)(9) through (b)(11) 

and by revising paragraphs (c)(1) 

through (c)(3) to read as follows: 

§ 80.151 Classification of operator 

licenses and endorsements. 

* * * * * 

(b) * * * 

(9) T–3. Third Class Radiotelegraph 

Operator’s Certificate (radiotelegraph 

operator’s special certificate). Beginning 

[date reserved], no applications for new 

Third Class Radiotelegraph Operator’s 

Certificates will be accepted for filing. 

(10) T. Radiotelegraph Operator’s 

Certificate (formerly T–2, Second Class 

Radiotelegraph Operator’s Certificate). 

(11) T–1. First Class Radiotelegraph 

Operator’s Certificate. Beginning [date 

reserved], no applications for new First 

Class Radiotelegraph Operator’s 

Certificates will be accepted for filing. 

(c) * * * 

(1) Ship Radar endorsement 

(Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, Second Class Radiotelegraph 

Operator’s Certificate, General 

Radiotelephone Operator License). 

(2) Six Months Service endorsement 

(Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, and Second Class 

Radiotelegraph Operator’s Certificate). 

(3) Restrictive endorsements; relating 

to physical disabilities, English 

language or literacy waivers, or other 

matters (all licenses). 

24. Section 80.157 is revised to read 

as follows: 

§ 80.157 Radio officer defined. 

A radio officer means a person 

holding a Radiotelegraph Operator’s 

Certificate, First Class Radiotelegraph 

Operator’s Certificate, or Second Class 

Radiotelegraph Operator’s Certificate 

issued by the Commission, who is 

employed to operate a ship radio station 

in compliance with Part II of Title II of 

the Communications Act. Such a person 

is also required to be licensed as a radio 

officer by the U.S. Coast Guard when 

employed to operate a ship 

radiotelegraph station. 

25. Section 80.159 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 80.159 Operator requirements of Title III 

of the Communications Act and the Safety 

Convention. 

(a) Each telegraphy passenger ship 

equipped with a radiotelegraph station 

in accordance with Part II of Title III of 

the Communications Act must carry two 

radio officers holding a Radiotelegraph 

Operator’s Certificate, First Class 

Radiotelegraph Operator’s Certificate, or 

Second Class Radiotelegraph Operator’s 

Certificate. 

(b) Each cargo ship equipped with a 

radiotelegraph station in accordance 

with Part II of Title II of the 

Communications Act and which has a 

radiotelegraph auto alarm must carry a 

radio officer holding a Radiotelegraph 

Operator’s Certificate, First Class 

Radiotelegraph Operator’s Certificate, or 

Second Class Radiotelegraph Operator’s 

Certificate who has had at least six 

months service as a radio officer on 

board U.S. ships. If the radiotelegraph 

station does not have an auto alarm, a 

second radio officer who holds a 

Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, or Second Class 

Radiotelegraph Operator’s Certificate 

must be carried. 

* * * * * 

26. Section 80.169 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 80.169 Operators required to adjust 

transmitters or radar. 

(a) All adjustments of radio 

transmitters in any radiotelephone 

station or coincident with the 

installation, servicing, or maintenance 

of such equipment which may affect the 

proper operation of the station, must be 

performed by or under the immediate 

supervision and responsibility of a 

person holding a Radiotelegraph 

Operator’s Certificate, First Class 

Radiotelegraph Operator’s Certificate, 

Second Class Radiotelegraph Operator’s 

Certificate, or General Radiotelephone 

Operator License. 

(b) Only persons holding a 

Radiotelegraph Operator’s Certificate, 

First Class Radiotelegraph Operator’s 

Certificate, or Second Class 

Radiotelegraph Operator’s Certificate 

must perform such functions at 

radiotelegraph stations transmitting 

Morse code. 

* * * * * 

27. Section 80.203 is amended by 

revising paragraph (b)(3) introductory 

text to read as follows: 

§ 80.203 Authorization of transmitters for 

licensing. 

* * * * * 

(b) * * * 

(3) Except as provided in paragraph 

(b)(4) of this section, programming of 

authorized channels must be performed 

only by a person holding a 

Radiotelegraph Operator’s Certificate, 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Proposed Rules 66715 

First Class Radiotelegraph Operator’s 

Certificate, Second Class Radiotelegraph 

Operator’s Certificate, or General 

Radiotelephone Operator License using 

any of the following procedures: 

* * * * * 

28. Section 80.409 is amended by 

revising paragraph (f)(1)(i)(E) to read as 

follows: 

§ 80.409 Station logs. 

* * * * * 

(f) * * * 

(1) * * * 

(i) * * * 

(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 R, S, U, or W 

of this part and has successfully passed 

the inspection. 

* * * * * 

29. Section 80.953 is amended by 

revising paragraph (b) introductory text 

to read as follows: 

§ 80.953 Inspection and certification. 

* * * * * 

(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 Radiotelegraph Operator’s 

Certificate, 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: 

* * * * * 

30. Section 80.1005 is revised to read 

as follows: 

§ 80.1005 Inspection of station. 

The bridge-to-bridge radiotelephone 

station will be inspected on vessels 

subject to regular inspections pursuant 

to the requirements of Parts II and III of 

Title II of the Communications Act, the 

Safety Convention or the Great Lakes 

Agreement at the time of the regular 

inspection. If after such inspection, the 

Commission determines that the Bridgeto-Bridge Act, the rules of the 

Commission and the station license are 

met, an endorsement will be made on 

the appropriate document. The validity 

of the endorsement will run 

concurrently with the period of the 

regular inspection. Each vessel must 

carry a certificate with a valid 

endorsement while subject to the 

Bridge-to-Bridge Act. All other bridgeto-bridge stations will be inspected from 

time to time. 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 

Radiotelegraph Operator’s Certificate, a 

Second Class Radiotelegraph Operator’s 

Certificate, or a First Class 

Radiotelegraph Operator’s Certificate. 

Additionally, the technician must not be 

the 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 § 80.409(f). 

PART 87—AVIATION SERVICES 

31. The authority citation for part 87 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303 and 307(e), 

unless otherwise noted. 

32. Section 87.87 is amended by 

revising paragraphs (b)(1), (b)(2), and 

(b)(4) to read as follows: 

§ 87.87 Classification of operator licenses 

and endorsements. 

* * * * * 

(b) * * * 

(1) T–1 First Class Radiotelegraph 

Operator’s Certificate. Starting thirty 

days after the date of publication in the 

Federal Register of a Report and Order 

in WT Docket No. 10–177, adopting this 

rule, no applications for new First Class 

Radiotelegraph Operator’s Certificates 

will be accepted for filing. 

(2) T Radiotelegraph Operator’s 

Certificate (formerly T–2 Second Class 

Radiotelegraph Operator’s Certificate). 

* * * * * 

(4) T–3 Third Class Radiotelegraph 

Operator’s Certificate (radiotelegraph 

operator’s special certificate). Starting 

thirty days after the date of publication 

in the Federal Register of a Report and 

Order in WT Docket No. 10–177, 

adopting this rule, no applications for 

new Third Class Radiotelegraph 

Operator’s Certificates will be accepted 

for filing. 

* * * * * 

[FR Doc. 2010–26263 Filed 10–28–10; 8:45 am] 

BILLING CODE 6712–01–P 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS