An Act to amend the Communications Act of 1934 to conform to the Convention for the Safety of Life at Sea, London (1960)
PL 89-121 (H.R.7954), enacted 08/13/1965

79 STAT.] 
PUBLIC LAW 89-121-AUGUST 13, 1965 
511 
Public Law 89-121 
AN ACT 
August 13, 1965 
T(» amend the Coninuuiicatious Act of 1934 to conform to the Convention for the 
[H. R. 7954] 
Safety of Life at Sea, London (1960). 
Communications 
Act of 1934, 
Be it enacted hy the S-enate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 3 of the 
(Communications Act of 1934, as amended (47 U.S.C. 153), is amended a'mendm'ent 
as follows: 
_ 
so stat. i89. 
(1) Subsection (w) is amended by adding the following new para- 
^definitions. 
graph at the end thereof: 
"(5) 'Nuclear ship" means a ship provided with a nuclear power-
plant." 
(2) Subsection (x) is amended to read as follows: 
"(x) 'Radiotelegraph auto alarm' on a ship of the United States 
subiect to the provisions of part II of title I I I of this Act means an ^o%^^l^^n}?^6 <• 
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btat. 704; 
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automatic alarm rece<!vnig apparatus which responds to the radiotele- pp. 512-517. 
graph alarm signal and has been approved by the Commission. 
47 use 351-362. 
'Radiotelegraph auto alarm' on a foreign ship means an automatic 
alarm receiving apparatus which responds to the radiotelegraph alarm 
signal and has been approved by the government of the country in 
which the ship is registered: Provided^ That the United States and 
the country in which the ship is registered are parties to the same 
treaty, convention, or agreement prescribing the requirements for such 
apparatus. 
Nothing in this Act or in any other provision of law 
shall be construed to require the recognition of a radiotelegraph auto 
alarm as complying with part I I of title I I I of this Act, on a foreign 
ship subject to such part, where the country in which the ship is 
registered and the United States are not parties to the same treaty, 
convention, or agreement prescribing the requirements for such 
apparatus." 
(3) Subsection (y) is amended to read as follows: 
"(y) (1) 'Operator" on a ship of the United States means, for the 
purpose of parts II and I I I of title I I I of this Act, a person holding a ^° use 381-386 
radio operator's license of the proper class as prescribed and issued 
by the Commission. 
"(2) 'Operator' on a foreign ship means, for the purpose of part 
I I of title I I I of this Act, a person holding a certificate as such of 
the proper class complying with the provisions of the radio regula-
tions annexed to the International Telecommunication Convention in 
^^ ^^^ ^'^^• 
force, or complying with an agreement or treaty between the United 
States and the country in which the ship is registered." 
(4) (A) Subsections (aa) through (dd) are redesignated as subsec- 68^s^tat*^707^V29 
tions (bb) through (ee), respectively; (B) subsections (ee) and (ff) 
are repealed; (C) subsection {^g) is redesignated as subsection (ff) ; 
(D) subsection (z) is redesignated as subsection (aa) ; and (E) the 
following new subsection is inserted immediately after subsection (y) : 
"(z) (1) 'Radio officer' on a ship of the United States means, for 
the purpose of part I I of title I I I of this Act, a pei*son holding at 
least a first or second class radiotelegraph operator's license as pre-
scribed and issued by the Commission. 
When such pei-son is em-
ployed to operate a radiotelegraph station aboard a ship of the United 
States, he is also required to be licensed as a 'radio officer' in accordance 
with the Act of May 12, 1948 (46 U.S.C. 229a-h). 
^2 stat. 232. 
"(2) 'Radio officer' on a foreign ship means, for the purpose of part 
I I of title III of this Act, a person holding at least a first or second 
512 
PUBLIC LAW 89-121-AUGUST 13, 1965 
[79 STAT. 
class radiotelegraph operator's certificate complying" \vith tlie provi-
sions of the radio regulations annexed to the International Telecom-
1
2 usT 1761. 
munication Convention in force."' 
SEC. 2. (a) The heading of section 351 of the Communications Act 
68^stat^*704^^' 
^^ "^^^^ ^^ amended to read as follows: "SHIP RADIO STATIONS AND 
47 u s e 351. 
O P E R A T I O N S " . 
(b) Subsection (a) of such section 351 is amended to read as 
follows: 
47 use 352. 
u ^^^ Except as provided in section 352 hereof it shall be unlawful— 
"(1) For any ship of the United States, other than a cargo 
ship of less than three hundred gross tons, to be navigated in the 
open sea outside of a harbor or port, or for any ship of the United 
States or any foreign country, other than a cargo snip of less than 
three hundred gross tons, to leave or attempt to leave any harbor 
or port of the United States for a voyage m the open sea, unless 
such ship is equipped with an efficient radio station in operating 
condition, as specified by subparagraphs (A) and (B) of this 
paragraph, in charge of and operated by one or more radio officers 
or operators, adequately installed and protected so as to insure 
proper operation, and so as not to endanger the ship and radio 
station as hereinafter provided, and, in the case of a ship of the 
L'nited States, unless there is on board a valid station license 
issued in accordance with this Act. 
"(A) Passenger ships irrespective of size and cargo ships 
of one thousand six hundred gross tons and upward shall be 
equipped with a radiotelegraph station complying with the 
provisions of this part; 
"(B) Cargo ships of three hundred gross tons and upward 
but less than one thousand six hundred gross tons, unless 
equipped with a radiotelegraph station complying with 
the provisions of this part, shall be equipped with a radio-
telephone station complying with the provisions of this part. 
"(2) For any ship of the United States of one thousand six 
hundred gross tons and upward to be navigated in the open sea 
outside of a harbor or port, or for any such ship of the Laiited 
States or any foreign country to leave or attempt to leave any 
harbor or port of the United States for a voyage in the open sea, 
unless such ship is equipped with efficient radio direction finding 
apparatus approved by the Commission, properly adjusted in 
operating condition as hereinafter provided."* 
SEC. 3. (a) Subsection (a) of section 352 of the Communications 
Act of 1934 is amended by striking out paragraph (6) and inserting 
after paragraph (5) thereof the following new paragraphs: 
"(6) A ship navigating solely on any bays, sounds, rivers, or pro-
tected waters within the jurisdiction of the L'nited States, or to a 
ship leaving or attempting to leave any harbor or port of the United 
States for a voyage solely on any bays, sounds, rivers, or protected 
waters within the jurisdiction of the United States; 
" (7) A ship navigating solely on the Great Lakes of North America 
and the River Saint Lawrence as far east as a straight line drawn from 
Cap des Rosiers to West Point, Anticosti Island, and, on the north 
side of Anticosti Island, the sixty-third meridian, or to a ship leaving 
or attempting to leave any harbor or port of the United States for a 
A'oyage solely on such waters and within such area; 
"(8) A ship which is navigated during the course of a voyage both 
on the Great Lakes of North America and in the open sea, during the 
period while such ship is being navigated within the Great Lakes of 
79 STAT.] 
PUBLIC LAW 89-121-AUGUST 13, 1965 
513 
North America and their connecting and tributary waters as far east 
as the lower exit of the Saint Lambert lock at Montreal in the Province 
of Quebec, Canada." 
(b) Subsection (b) of such section 352 is amended by striking out 
4° u'sc 3
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all through paragraph (1) and inserting in lieu thereof the following: 
"(b) Except for nuclear ships, the Commission may, if it considers 
that the route or the conditions of the voyage or other circumstances 
are such as to render a radio station unreasonable or unnecessary for 
the purposes of this part, exempt from the provisions of this part any 
ship or class of ships which falls within any of the following 
descriptions: 
" (1) Passenger ships which in the course of their voyage do not go 
more than twenty nautical miles from the nearest land or, alternatively, 
do not go more than two hundred nautical miles between two consecu-
tive ports;" 
(c) Such section 352 is further amended by adding at the end thereof 
the following new subsection: 
"(d) Except for nuclear ships, and except for ships of five thousand 
gross tons and upward which are subject to the Safety Convention, the 
^
6 UST iss. 
Commission may exempt from the requirements, for radio direction 
finding apparatus, of this part and of the Safety Convention, any ship 
which falls within the descriptions set forth in paragraphs (1), (2), 
(3), and (4) of subsection (b) of this section, if it considers that the 
route or conditions of the voyage or other circumstances are such as to 
render such apparatus unreasonable or unnecessary." 
SEC. 4. Section 353 of the Communications Act of 1934 is amended 
4^ ^^^ ^^^' 
to read as follows: 
"RADIO OFFICERS, W^VTCHES, AUTO ALARM-RADIOTELEGRAPH EQUIPPED SHIPS 
"SEC. 353. (a) Each cargo ship which in accordance with this part 
is equipped with a radiotelegraph station and which is not equipped 
with a radiotelegraph auto alarm, and each passenger ship required 
by this part to be equipped with a radiotelegraph station, shall, for 
safety purposes, carry at least two radio officers. 
"(b) A cargo ship which in accordance with this part is equipped 
with a radiotelegraph station, which is equipped with a radiotelegraph 
auto alarm, shall, for safety purposes, carry at least one radio officer 
who shall have had at least six months' previous service in the aggre-
gate as a radio officer in a station on board a ship or ships of the 
United States. 
"(c) Each ship of the United States which in accordance with this 
part is equipped with a radiotelegraph station shall, while being 
navigated in the open sea outside of a harbor or port, keep a con-
tinuous watch by means of radio officers whenever the station is not 
being lised for authorized traffic: Provided, That, in lieu thereof, on 
a cargo ship equipped with a radiotelegraph auto alarm in proper 
operating condition, a watch of at least eight hours per day, in the 
aggregate, shall be maintained by means of a radio officer. 
"(d) The Commission shall, when it finds it necessary for safety 
purposes, have authority to prescribe the particular hours of watch on 
a ship of the United States which in accordance with this part is 
equipped with a radiotelegraph station. 
"(e) On all ships of tTie United States equipped with a radio-
telegraph auto alarm, said apparatus shall be in operation at all times 
while the ship is being navigated in the open sea outside of a harbor 
or port when the radio officer is not on watch." 
47 use 354. 
Ante, p. 512. 
514 
PUBLIC LAW 89-121-AUGUST 13, 1965 
[79 STAT. 
5^ f,in Ic^' 
SEC. 5. Section 354 of tlie Communications Act of 1934 is amended 
to read as follows: 
"OPERATORS, WATCHES—RADIO TELEPHONE EQUIPPED SHIPS 
"'SEC. 354. (a) Each cargo ship which in accordance with this part 
is equipped with a radiotelephone station shall, for safety purposes, 
carry at least one operator who may be the master, an officer, or a 
member of the crew. 
"(b) Each cargo ship of the United States which in accordance with 
this part is equipped with a radiotelephone station shall, while being 
navigated in the open sea outside of a harbor or port, maintain con-
tinuous watch whenever the station is not being used for authorized 
traffic." 
SEC. H. Section 355 of the Communications Act of 1934 is amended 
to read as follows: 
" T E C H N I C A L REQUIREMENTS—RADIOTELEGRAPH EQUIPPED SHIPS 
"SEC. 355. The radiotelegraph station and the radio direction finding 
apparatus required by section 351 of this part shall comply with the 
following requirements: 
"(a) The radiotelegraph station shall include a main installation 
and a reserve installation, electrically separate and electrically inde-
pendent of each other: Provided, That, in installations on cargo ships 
of three hundred gross tons and upward but less than one thousand six 
hundred gross tons, and in installations on cargo ships of one thousand 
six hundred gross tons and upward installed prior to November 19, 
1952, if the main transmitter complies with all the requirements for 
the reserve transmitter, the latter may be omitted. 
"(b) The radiotelegraph station shall be so located that no harmful 
interference from extraneous mechanical or other noise will be caused 
to the proper reception of radio signals, and shall be placed in the 
upper part of the ship in a position of the greatest possible safety 
and as high as practicable above the deepest load waterline. 
The lo-
cation of the radiotelegraph operating room or rooms shall be ap-
proved by the Commandant of the Coast Guard. 
The radiotelegraph 
installation shall be installed in such a position that it will be pro-
tected against the harmful effects of water or extremes of tempera-
ture, and shall be readily accessible both for immediate use in case 
of distress and for repair. 
"(c) The radiotelegraph operating room shall be of sufficient size 
and of adequate ventilation to enable the main and reserve radiotele-
graph installations to be operated efficiently, and shall not be used 
for any purpose which will interfere with the operation of the radio-
telegraph station. 
The sleeping accommodation of at least one radio 
officer shall be situated as near as practicable to the radiotelegraph 
operating room. 
In ships the keels of which are laid on or after 
May 26, 1965, this sleeping accommodation shall not be within the 
radiotelegraph operating room. 
"(d) The main and reserve installations shall be capable of trans-
mitting and receiving on the frequencies, and using the classes of 
emission, designated by the Commission pursuant to law for the pur-
poses of distress and safety of navigation. 
79 STAT.] 
PUBLIC LAW 89-121-AUGUST 13, 1965 
515 
"(e) The main and reserve installations shall, when connected to 
the main antenna, have a minimum normal range of two hundred 
nautical miles and one hundred nautical miles, respectively; that is, 
they must be capable of transmitting and receiving clearly perceptible 
signals from ship to ship by day and under normal conditions and 
circumstances over the specified ranges. 
"(f) Sufficient electrical energy shall be available at all times to 
operate the main installation over the normal range required by sub-
section (e) of this section as well as for the purpose of charging any 
batteries forming part of the radiotelegraph station. 
"(g) The reserve installation shall include a source of electrical 
energy independent of the propelling power of the ship and of any 
other electrical system and shall be capable of being put into opera-
tion rapidly and of working for at least six continuous hours. 
The 
reserve source of energy and its switchboard shall be as high as prac-
ticable in the ship and readily accessible to the radio officer. 
"(h) There shall be provided between the bridge of the ship and 
the radiotelegraph operating room, and between the bridge and the 
location of the radio direction finding apparatus, when such apparatus 
is not located on the bridge, an efficient two-way system for calling and 
voice communication which shall be independent of any other 
communication system in the ship. 
"(i) The radio direction findmg apparatus shall be efficient and 
capable of receiving signals with the minimum of receiver noise and 
of taking bearings from which the true bearing and direction may be 
determined. It shall be capable of receiving signals on the radiotele-
graph frequencies assigned by the radio regulations annexed to the 
International Telecommunication Convention in force for the purposes 
'^ "^^ ^^^^• 
of distress, direction finding, and maritime radio beacons, and, in 
installations made after May 26, 1965, such other frequencies as the 
Commission may for safety purposes designate.'" 
SEC. 7. Section 356 of the Communications Act of 1934 is amended 
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to read as follows: 
" T E C H N I C A L REQUIREMENTS—RADIOTELEPHONE EQUirPED SHIPS 
"SEC. 356. Cargo ships of three hundred gross tons and upward but 
less than one thousand six hundred gross tons may, in lieu of the radio-
telegraph station prescribed by section 355, be equipped with a radio-
telephone station complying with the following requirements: 
"(a) The radiotelephone station shall be in the upper part of the 
ship, so located that it is sheltered to the greatest possible extent from 
noise which might impair the correct reception of messages and signals, 
and, unless such station is situated on the bridge, there shall be efficient 
communication with the bridge. 
"(b) The radiotelephone installation shall be capable of transmit-
ting and receiving on the frequencies, and using the classes of emission, 
designated by the Commission pursuant to law for the purposes of 
distress and safety of navigation. 
"(c) The radiotelephone installation shall have a minimum normal 
range of one hundred and fiitj 
nautical miles; that is, it shall be 
capable of transmitting and receiving clearly perceptible signals from 
ship to ship by day and under normal conditions and circumstances 
over this range. 
Ante, p. 514. 
516 
PUBLIC LAW 89-121-AUGUST 13, 1965 
[79 STAT. 
" (d) There shall be available at all times a main source of electrical 
energy sufficient to operate the installation over the normal range 
required by subsection (c) of this section. If batteries are provided 
they shall have sufficient capacity to operate the transmitter and 
receiver for at least six continuous hours under normal working con-
ditions. In installations made on or after November 19, 1952, a 
reserve source of electrical energy shall be provided in the upper part 
of the ship unless the main source of energy is so situated." 
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SEC. 8. Section 357 of the Communications Act of 1934 is amended 
to read as follows: 
"SURVIVAL CRAFT 
"SEC. 357. Every ship required to be provided with survival craft 
radio by treaty to which the United States is a party, by statute, or 
by regulation made in conformity with a treaty, convention, or statute, 
shall be fitted with efficient radio equipment appropriate to such 
requirement under such rules and regulations as the Commission may 
find necessary for safety of life. For purposes of this section, 'radio 
equipment' shall include portable as well as nonportable apparatus." 
50 Stat, 195; 
gjj^. 9. Subsectiou (a) of section 359 of the Communications Act of 
47 use 357. 
1934 is amended to read as follows: 
"(a) The master of every ship of the United States, equipped with 
radio transmitting apparatus, which meets with dangerous ice, a dan-
gerous derelict, a tropical storm, or any other direct danger to naviga-
tion, or encounters subfreezing air temperatures associated with gale 
force winds causing severe ice accretion on superstructures, or winds 
of force 10 or above on the Beaufort scale for which no storm warning 
has been received, shall cause to be transmitted all pertinent informa-
tion relating thereto to ships in the vicinity and to the appropriate 
authorities on land, in accordance with rules and regulations issued by 
the Commission. 
When they consider it necessary, such authorities of 
the United States shall promptly bring the information received by 
them to the knowledge of those concerned, including interested foreign 
authorities." 
47 use 359. 
SEC. 10. Section 361 of the Communications Act of 1934 is amended 
to read as follows: 
a CERTIFICATES 
"SEC. 361. (a) Each vessel of the United States to which the Safety 
Convention applies shall comply with the radio and communication 
provisions of said Convention at all times while the vessel is in use, 
in addition to all other requirements of law, and shall have on board 
1
6 usT 185. 
an appropriate certificate as prescribed by the Safety Convention. 
"(b) Appropriate certificates concerning the radio particulars pro-
vided for in said Convention shall be issued upon proper request to 
any vessel which is subject to the radio provisions of the Safety Con-
vention and is found by the Commission to comply therewith. Cargo 
ship safety radio telegraphy certificates, cargo ship safety radioteleph-
ony certificates, and exemption certificates with respect to radio 
particulars shall be issued by the Commission. Other certificates con-
cerning the) radio particulars provided for in the said Convention 
shall be issued by the Commandant of the Coast Guard or whatever 
16 UST 185. 
79 STAT. ] 
PUBLIC LAW 89-123-AUGUST 13, 1965 
517 
other agency is aiitliorized by law to do so upon request of the Com-
mission made after proper inspection or determination of the facts. 
If the holder of a certificate violates the radio provisions of the Safety 
Convention or the provisions of this Act, or the rules, regulations, or 
conditions prescribed by the Commission, and if the effective* adminis-
tration of the Safety Convention or of this part so requires, the Com-
mission, after hearing in accordance with law, is authorized to modify 
or cancel a certificate which it has issued, or to request the modifica-
tion or cancellation of a certificate which has been issued by another 
agency upon the Connnission's request. Upon receipt of such request 
for modification or cancellation, the Commandant of the Coast Guard, 
or whatever agency is authorized by law to do so, shall modify or 
cancel the certificate m accordance therewith.*" 
Approved August 13, 1965. 
Public Law 89-122 
JOINT RESOLUTION 
August 13, 1965 
To amend the joint resolution of March 2.1. 1953, to expand the tyi)es of eqitipuiont 
[H- J. Res. 481] 
furnished Members of the House of Representatives. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That (a) subsection (c) of sen°^uve°s^ Repre-
the first section of the joint resolution entitled "Joint resolution to Q^vxce equip-
authorize the Clerk of the House of Representatives to furnish certain "^"*-
electrical or mechanical office equipment for the use of Members, offi-
cers, and committees of the House of Representatives", approved March 
25, 1953, as amended (2 LT.S.C. 112a) is amended (A) by striking out 
^^ ^*^*- 7-
"and" at the end of clause (4), (B) by striking out the period at the 
end of clause (5) and inserting in lieu thereof a semicolon, and (C) by 
adding after clause (5) the following new clauses: 
"(6) automatic letter oi>ener machines; and 
"(7) automatic letter sealer machines." 
Approved August 13, 1965. 
Public Law 89-123 
JOINT RESOLUTION 
August 13. 1965 
To provide for the reapiMiintment of Robert V. Fleming as Citizen Regent of the 
^ ' 
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Board of Regents of the Smithsonian Institution. 
Renolred hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the vacancy in the 
Board of Regents of the Smithsonian Institution, of the class other 
than Members of Congress, which will occur \y^ the expiration of the 
term of Robert V. Fleming, of Washington, District of Columbia, on 
July 23, 1065, be filled by the reappointment of the present incumbent 
for the statutory term of six years. 
Approved August 13, 1965. 
Smithsonian In-
stitution.