Inspection of Great Lakes Agreement Ships

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 80

[CI Docket No. 95-54, 96-195]

Inspection of Great Lakes Agreement Ships

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has issued a Report and Order which adopts

rules to require vessel operators on the Great Lakes subject to the

annual inspection requirements of the Agreement between the United

States and Canada for the Promotion of Safety on the Great Lakes by

Means of Radio (Great Lakes Agreement) to have the inspection performed

by an FCC-licensed technicians holding an FCC General Radiotelephone

Operator License, a GMDSS Radio Maintainer's License, a Second Class

Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph

Operator's Certificate instead of by Commission staff. The Commission

took this action to reduce economic burdens on the public and the

Commission. The intended effect of these rule changes is increase the

availability of competent, private sector inspectors to conduct Great

Lakes Agreement inspections without adversely affecting safety and,

thus, provide greater convenience for the maritime industry.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: George R. Dillon of the Compliance and

Information Bureau at (202) 418-1100.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report

and Order, CI Docket No. 95-54, FCC 96-195, adopted April 25, 1996, and

released, April 26, 1996. The full text of this Report and Order is

available for inspection and copying during normal business hours in

the FCC Reference Center (Room 239) 1919 M Street, NW, Washington, DC.

The complete text may be purchased from the Commission's copy

contractor, International Transcription Services, 2100 M Street NW,

Washington, DC 20037, telephone (202) 857-3800.

Summary of Report and Order

1. In this Report and Order, we adopt rules that require owners and

operators of ships subject to the annual inspection requirements of the

Agreement between the United States and Canada for the Promotion of

Safety on the Great Lakes by Means of Radio (Great Lakes Agreement) to

have the inspection performed by an FCC General Radiotelephone Operator

License, a GMDSS Radio Maintainer's License, a Second Class

Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph

Operator's Certificate instead of by Commission staff. These changes

will reduce economic burdens on the public and the Commission by

allowing mariners to arrange for an inspection at their convenience.

Because the United States is required by the Great Lakes Agreement to

fully guarantee the completeness and efficiency of the inspection, we

are adopting rules to require two independent certifications that the

ship has passed an inspection. One certification from the inspecting

technician that the vessel has passed an inspection and another

certification that the vessel owner, operator, or ship's master is

satisfied that the inspection was satisfactory. We have also concluded

that it is important to the integrity of this ship inspection program

that the inspectors be independent of the vessel owners and operators.

We are, therefore, providing that the vessel's owner, operator, master,

employees or their affiliates may not conduct the required inspections.

2. The Great Lakes Agreement is intended to promote safety of life

and property on the Great Lakes by means of radio. It dates back to

1952 and requires, among other things, that all vessels over 20 meters

(65 feet), most towing vessels, and vessels carrying more than six

passengers for hire be equipped with a marine VHF radiotelephone

installation. The Great Lakes Agreement requires that these

installations be inspected at least once each year. The Great Lakes

Agreement requires that the inspections be carried out by officers of

the Contracting Governments or by either persons nominated for that

purpose or organizations recognized by the Contracting Government. In

other words, the Great Lakes Agreement provides specific authority

allowing the United States to entrust the annual inspection to either

persons or organizations other than the Commission.

3. Additionally, the Great Lakes Agreement requires that these

vessels be inspected while the vessel is in active service or within

one month before the date the vessel is placed in service. Because

almost all vessels on the Great Lakes must be taken out of service over

the winter and operators do not wish to interrupt shipping schedules

after the shipping season begins, there is a very busy period in the

spring when these vessels are being put back in service.

4. The Commission inspects approximately 490 vessels subject to the

Great Lakes Agreement each year. Commission inspectors test the output

power, frequency tolerance and availability of reserve power, and

conduct an operational radio check of the radiotelephone installation

during the inspection. Any failure of these critical items results in

the vessel failing the annual inspection and not receiving a safety

certificate until the failure is corrected. An integral part of the

annual inspection is to examine the connecting transmission lines,

electrical cabling and control circuitry that make up the entire

radiotelephone installation to ensure that the individual components

operate satisfactorily when connected together.

5. Although the inspections are relatively simple and generally

take no more than an hour to complete, they are conducted to ensure

that Great Lakes Agreement ships have a reliable means of distress

communications in an emergency. We note, however, that improvements in

the reliability of radiotelephone equipment and the industry practice

of preinspection examinations have resulted in an inspection failure

rate for Great Lakes Agreement vessels of only one per cent.

6. We believe in the principle that government should be responsive

to user needs and began this proceeding to promote flexibility, remove

unnecessary and inimical regulations and, most importantly, provide

better service to the public.

Final Regulatory Flexibility Analysis

7. As required by Section 603 of the Regulatory Flexibility Act,

the Commission has prepared a Final Regulatory Flexibility Analysis of

the expected impact on small entities of the rules adopted in this

Report and Order.

8. Need for and purpose of this action. The rules we adopt in this

proceeding will permit the owners and operators of Great Lakes

Agreement vessels to arrange for an inspection by an FCC-licensed

operator instead of requiring that all inspections be conducted by FCC

personnel. This change will improve the speed and convenience of

[[Page 25805]]

service to the owners and operators of such vessels, many of which are

small businesses and will conserve scarce government resources.

9. Summary of the issues raised by the public comments in response

to the Initial Regulatory Flexibility Analysis. There were no comments

submitted in response to the Initial Regulatory Flexibility Analysis.

10. Significant alternatives considered. We proposed limiting the

inspection of subject vessels to classification societies and requested

specific comments on our proposal. Commenters overwhelmingly opposed

limiting the inspections solely to classification societies and

suggested that we permit anyone with an FCC license to inspect the

vessels.

List of Subjects

47 CFR Part 0

Organization and functions (Government agencies)

47 CFR Part 80

Communications equipment, Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 80 of Chapter I of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for Part 0 continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

2. Section 0.311 is amended by adding a new paragraph (i) to read

as follows:

Compliance and Information Bureau

Sec. 0.311 Authority delegated.

* * * * *

(i) The Chief of the Compliance and Information Bureau is

authorized to rely on reports, documents or log entries made by the

holder of an FCC General Radiotelephone Operator License, GMDSS Radio

Maintainer's License, Second Class Radiotelegraph Operator's

Certificate, or First Class Radiotelegraph Operator's Certificate as

certification that the vessel complies with requirements of Articles

XI, XII, and XIII of the Great Lakes Agreement. The Chief, Compliance

and Information Bureau is authorized to delegate this authority.

3. Section 0.314 is amended by revising paragraph (l) to read as

follows:

Sec. 0.314 Additional authority delegated.

* * * * *

(l) For inspection or periodical survey as required by Article XII

of the Great Lakes Agreement and certification prescribed by Article

XIII thereof. The District Director may require that the inspection be

conducted by an FCC-licensed technician holding an FCC General

Radiotelephone Operator License, GMDSS Radio Maintainer's License,

Second Class Radiotelegraph Operator's Certificate, or First Class

Radiotelegraph Operator's Certificate.

* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

4. The authority citation for Part 80 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.

1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST

3450, 3 UST 4726, 12 UST 2377.

5. Section 80.59 is amended by revising the section heading, and

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

Sec. 80.59 Compulsory ship inspections.

(a) Application for inspection of ships subject to the

Communications Act or the Safety Convention. FCC Form 801, including

documentation that the appropriate inspection fees have been paid, must

be used to apply for inspection and certification for ships subject to

Part II or Part III of Title III of the Communications Act or the

Safety Convention. An inspection of the bridge-to-bridge radio stations

on board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone

Act will be conducted when the vessels are additionally subject to any

of the laws and treaties mentioned in the previous sentence.

(1) Applications for inspections of ships subject to Part II or

Part III of Title III or the Safety Convention must be submitted to the

Commission in sufficient time to reach the FCC field office serving the

port where the ship is to be inspected at least three days prior to the

proposed inspection date.

(2) If the inspection described in paragraph (a)(1) of this section

is to be scheduled on a Sunday, national holiday or during other than

established working hours on any other day, the applicant must

additionally submit FCC Form 808 to the FCC field office serving the

port where the ship is to be inspected at least three days prior to the

inspection.

(b) Inspection and certification of a ship subject to the Great

Lakes Agreement. The FCC will not inspect Great Lakes Agreement

vessels. An inspection and certification of a ship subject to the Great

Lakes Agreement must be made by a technician holding one of the

following: an FCC General Radiotelephone Operator License, a GMDSS

Radio Maintainer's License, a Second Class Radiotelegraph Operator's

Certificate, or a First Class Radiotelegraph Operator's Certificate.

The certification required by Sec. 80.953 must be entered into the

ship's log. The technician conducting the inspection and providing the

certification must not be the vessel's owner, operator, master, or an

employee of any of them. Additionally, the vessel owner, operator, or

ship's master must certify that the inspection was satisfactory. There

are no FCC prior notice requirements for any inspection pursuant to

Sec. 80.59(b).

* * * * *

6. Section 80.401 is revised to read as follows:

Sec. 80.401 Station documents requirement.

Licensees of radio stations are required to have current station

documents as indicated in the following table:

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[GRAPHIC] [TIFF OMITTED] TR23MY96.000

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Notes:

1. The expired station license must be retained in the station

records until the first Commission inspection after the expiration

date.

2. Alternatively, a list of coast stations maintained by the

licensee with which communications are likely to be conducted,

showing watchkeeping hours, frequencies and charges, is authorized.

3. Required only if station provides a service to oceangoing

vessels.

4. Certification of a Great Lakes Agreement inspection may be

made by either a log entry or issuance of a Great Lakes Agreement

certificate. Radiotelephone logs containing entries certifying that

a Great Lakes Agreement inspection has been conducted must be

retained and be available for inspection by the FCC for 2 years

after the date of the inspection.

7. Section 80.409 is amended by adding a new sentence at the end of

paragraph (b)(2), and revising paragraph (f)(2) to read as follows:

Sec. 80.409 Station logs.

* * * * *

(b) * * *

(2) * * * Additionally, logs required by paragraph (f) of this

section must be retained on board the vessel for a period of 2 years

from the date of the last inspection of the ship radio station.

(f) * * *

(2) Radiotelephony stations subject to the Great Lakes Agreement

and the Bridge-to-Bridge Act must record entries indicated by

paragraphs (e) (1), (5), (6), (7), (8), (9), (11) and (12) of this

section. Additionally, the radiotelephone log must provide an easily

identifiable, separate section relating to the required inspection of

the ship's radio station. Entries must be made in this section giving

at least the following information:

(i) The date the inspection was conducted;

(ii) The date by which the next inspection needs to be completed;

(iii) The inspector's printed name, address and class of FCC

license (including the serial number);

(iv) The results of the inspection, including any repairs made;

(v) The inspector's signed and dated certification that the vessel

meets the requirements of the Great Lakes Agreement and the Bridge-to-

Bridge Act contained in Subparts T and U of this part and has

successfully passed the inspection; and

(vi) The vessel owner, operator, or ship's master's certification

that the inspection was satisfactory.

* * * * *

8. Section 80.411 is amended by adding a new sentence to the end of

paragraph (b) to read as follows:

Sec. 80.411 Vessel certification or exemption.

* * * * *

(b) * * * Ships subject to the Great Lakes Agreement may, in lieu

of a posted certificate, certify compliance in the station log required

by section 80.409(f).

9. Section 80.953 is revised to read as follows:

Sec. 80.953 Inspection and certification.

(a) Each U.S. flag vessel subject to the Great Lakes Agreement must

have an inspection of the required radiotelephone installation at least

once every 13 months. This inspection must be made while the vessel is

in active service or within not more than one month before the date on

which it is placed in service.

(b) An inspection and certification of a ship subject to the Great

Lakes Agreement must be made by a technician holding one of the

following: a General Radiotelephone Operator License, a GMDSS Radio

Maintainer's License, a Second Class Radiotelegraph Operator's

Certificate, or a First Class Radiotelegraph Operator's Certificate.

Additionally, the technician must not be the vessel's owner, operator,

master, or an employee of any of them. The results of the inspection

must be recorded in the ship's radiotelephone log and include:

(1) The date the inspection was conducted;

(2) The date by which the next inspection needs to be completed;

(3) The inspector's printed name, address, class of FCC license

(including the serial number);

(4) The results of the inspection, including any repairs made; and

(5) The inspector's signed and dated certification that the vessel

meets the requirements of the Great Lakes Agreement and the Bridge-to-

Bridge Act contained in Subparts T and U of this part and has

successfully passed the inspection.

(c) The vessel owner, operator, or ship's master must certify that

the inspection required by paragraph (b) was satisfactory.

(d) The ship's log must be retained on-board the vessel for at

least two years from the date of the inspection.

10. Section 80.1005 is amended by adding two new sentences at the

end of the section to read as follows:

Sec. 80.1005 Inspection of station.

* * * An inspection of the bridge-to-bridge station on a Great

Lakes Agreement vessel must normally be made at the same time as the

Great Lakes Agreement inspection is conducted by a technician holding

one of the following: a General Radiotelephone Operator License, a

GMDSS Radio Maintainer's License, a Second Class Radiotelegraph

Operator's Certificate, or a First Class Radiotelegraph Operator's

Certificate. Additionally, the technician must not be the vessel's

owner, operator, master, or an employee of any of them. Ships subject

to the Bridge-to-Bridge Act may, in lieu of an endorsed certificate,

certify compliance in the station log required by section 80.409(f).

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

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