[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Proposed Rules]
[Pages 66709-66715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26263]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#02444141373236426461612c656d74"><span class="__cf_email__" data-cfemail="561015156366621630353578313920">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#14525757212420547277773a737b62"><span class="__cf_email__" data-cfemail="73353030464347331510105d141c05">[email protected]</span></a> 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 Sec. Sec.  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/e-file/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 
<a href="/cdn-cgi/l/email-protection#2045434653604643430e474f56"><span class="__cf_email__" data-cfemail="2d484e4b5e6d4b4e4e034a425b">[email protected]</span></a>, and should include the following words in the body of the 
message, ``get form.''

[[Page 66710]]

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 hand-delivered 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

[[Page 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:


Sec.  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.


Sec.  0.489  [Removed]

    3. Remove Sec.  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:


Sec.  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:


Sec.  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:


Sec.  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

[[Page 66712]]

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:


Sec.  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 Sec.  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 Sec.  
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:


Sec.  13.10  Licensee address.

    In accordance with Sec.  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:


Sec.  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:


Sec.  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 Sec.  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 Sec.  
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:


Sec.  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:


Sec.  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.

[[Page 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:


Sec.  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 Guard-approved 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 Guard-approved 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:


Sec.  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:


Sec.  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 Sec.  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 Sec.  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:


Sec.  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:


Sec.  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:


Sec.  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:


Sec.  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:


[[Page 66714]]



----------------------------------------------------------------------------------------------------------------
                                   Minimum class of FCC license required by private sector technician to conduct
                                                       inspection--only one license required
                                 -------------------------------------------------------------------------------
                                                                            Radiotelegraph
                                                                              operator's
       Category of vessel                                                     certificate         First class
                                  General radiotele-      GMDSS radio      (formerly second     radiotelegraph
                                    phone operator       maintainer's            class            operator's
                                        license             license         radiotelegraph        certificate
                                                                              operator's
                                                                             certificate)
----------------------------------------------------------------------------------------------------------------
Radiotelephone equipped vessels             [radic]             [radic]             [radic]             [radic]
 subject to 47 CFR part 80,
 subpart R or S.................
----------------------------------------------------------------------------------------------------------------
GMDSS equipped vessels subject    ..................            [radic]   ..................  ..................
 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 
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).
* * * * *
    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:


Sec.  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:


Sec.  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:


Sec.  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:


Sec.  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:


Sec.  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,

[[Page 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:


Sec.  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:


Sec.  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:


Sec.  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 Bridge-to-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 bridge-to-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 Sec.  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:


Sec.  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


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