Inspection of Radio Installations on Large Cargo and Small Passenger Ships

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 80

[CI Docket No. 95-55, FCC 98-75]

Inspection of Radio Installations on Large Cargo and Small

Passenger Ships

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has adopted a Report and Order (R & O) which

requires that large cargo vessels and small passenger ships arrange for

an inspection of such ships by an FCC-licensed technician. The

Commission adopted this R & O to incorporate changes to the

Communications Act related to the inspection of ships and to improve

the Commission's ship inspection process. These rules should increase

the availability of competent, private sector inspectors to conduct

inspections of cargo vessels and small passenger vessels required to be

inspected by the Commission without adversely affecting safety and,

thus, provide greater convenience for the maritime industry.

EFFECTIVE DATE: July 1, 1998.

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. 95-55, FCC 98-75, adopted April 20, 1998, and

released, May 1, 1998. 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, 1231 20th St. NW,

Washington, DC 20036, telephone (202) 857-3800.

Summary of Report and Order

The Commission proposed rules in a Notice of Proposed Rule Making

(Notice), CI Docket 95-55, 61 FR 21151, May 9, 1996, that changed the

way in which the Commission inspected large cargo vessels and small

passenger ships. This Report and Order (R&O) incorporates changes to

the Communications Act related to the inspection of ships, improves the

Commission's ship inspection process, reduces administrative burdens on

the public and the Commission, and provides continued Commission

oversight to ensure that vessel safety is not adversely affected.

Currently, the Commission inspects the radio installations of

approximately 1,110 vessels each year subject to the Communications Act

or the Safety Convention. The amended rules will replace the

requirement that the Commission inspect such ships with a requirement

that ship owners or operators arrange for an inspection by an FCC-

licensed technician.

2. Comments. We received 19 comments and 2 reply comments in

response to the Notice. Most commenters supported the Commission's

efforts to streamline the inspections of ships and provide faster

service to the public. Two commenters opposed the proposal citing

concerns about safety as reason not to permit privatization. The Coast

Guard supported the Commission's efforts to streamline government

regulation and reduce the regulatory burden on the maritime industry.

The United States Coast Guard (Coast Guard) states that it fully

supports the Commission's efforts to streamline government regulation

and reduce the regulatory burden on the maritime industry wherever

these efforts are consistent with the maintenance of a high level of

safety. The Coast Guard notes that it has

[[Page 29657]]

undertaken a similar delegation for some of its commercial ship

inspections--the alternative compliance program (ACP)--and asked that

the Commission give due consideration to aligning its delegation

approach to that chosen by the Coast Guard.

3. The Coast Guard also provided specific comments to questions

raised in the Notice regarding the qualifications of FCC-licensed

technicians. The Coast Guard states that while it supports the minimum

licensing requirements proposed it does not appear the prerequisite for

licensing incorporates any training or demonstration of qualifications

in the actual conduct of safety inspections or in the skills necessary

to maintain or operate the equipment. Several commenters support our

proposal regarding the qualifications of technicians. Sea-Land Service,

Inc. (Sea-Land), an operator of U.S. flag container ships, states that

the qualifications required for the GMDSS maintainers license ensure

that individuals inspecting the ships will have a demonstrated

knowledge of the operational and technical requirements of the (radio)

installation being inspected and that the system is being properly

repaired, maintained and operated. Sea-Land states that it has

experienced problems with FCC inspector availability due to the

constraints of tight operating schedules and short port stays and the

proposed rules will alleviate that problem.

4. The American Institute of Merchant Shipping, now the United

States Chamber of Shipping (USCS), filed comments and reply comments.

USCS notes that it represents 20 U.S. based companies which own or

operate over ten million deadweight tons of U. S. flag tankers and

liners, which USCS stated is a majority of U. S. flag tanker and liner

tonnage. USCS contends that the proposed changes will increase the

number of experienced entities available to conduct inspections and

will allow it increased flexibility in arranging inspections. USCS also

states that the Masters of ships that it represents will ensure that

GMDSS equipment will operate safely before leaving every port and that

it is, thus, appropriate that the Master should certify the completion

of the annual inspection. In reply comments, USCS reiterated its

position that the shipowner is the final inspector whether the

equipment has been inspected by a GMDSS maintainer, installed by a

vendor, looked at by a radio officer or even inspected by the FCC.

5. The Passenger Vessel Association states that the proposed

regulations meet the needs of safety and that the FCC's current

licensing system insures that FCC-licensed technicians have adequate

knowledge for the inspection activity proposed. The National Marine

Electronics Association (NMEA) states that the proposal to use private

sector inspectors enlarges the field of qualified inspectors and

permits ship owners and operators to arrange for inspections at their

convenience. NMEA notes that because FCC-licensed technicians are

called in advance to evaluate the equipment prior to the inspection the

vessel's owner will save time and money by having the same person do

both jobs. Finally, the Coast Guard suggested that the Commission

maintain oversight of the ship inspection program because of safety

concerns.

6. Because these inspections are conducted to ensure that ships

have reliable distress communications capability we are incorporating

the Coast Guard's suggestions. Further, we believe that privatization

will result in the following benefits:

(a) It will increase the number of experienced entities available

to inspect the radio stations of ships.

(b) Privatization will permit ship owners and operators to arrange

for inspections at any time or place.

(c) Privatization should not adversely affect safety, we are

adopting rules that will require two separate certifications that the

ship has passed the safety inspection. Additionally, we are

coordinating this item with the U. S. Coast Guard.

(d) It will also decrease administrative burdens on the Commission

by shifting the responsibility to arrange ship inspections from the

Commission to ship owners or operators.

7. The Communications Act requires that the Commission must inspect

the radio installation of large cargo ships and certain passenger ships

of the United States at least once a year to ensure that the radio

installation is in compliance with the requirements of the

Communications Act. Additionally, the Communications Act requires that

the Commission must inspect the radio installation of small passenger

vessels as necessary to ensure compliance with the radio installation

requirements of the Communications Act. Currently, the Commission

inspects small passenger vessels once every five years.

8. The Safety Convention, to which the United States is signatory

and which applies to large cargo ships and certain passenger vessels,

also requires an annual inspection. The Safety Convention, however,

permits an Administration to entrust the inspections to either

surveyors nominated for the purpose or to organizations recognized by

it. The United States can, therefore, have either Commission inspectors

or other entities conduct the radio station inspections of vessels for

compliance with the Safety Convention.

9. The purpose of these inspections is to ensure that passengers

and crew members of certain U. S. ships have access to distress

communications in an emergency. The 1996 Act adopted the statutory

changes in this area requested by the Commission in 1995.

In part, these changes permit the Commission to designate entities

to perform the inspections required by the Communications Act. We are

adopting a significant change to the current rules and procedures

regarding safety inspections. As a result, we are incorporating the

Coast Guard's suggestions that we maintain oversight of the ship

inspection process and will inspect a random sample of subject ships

each year. 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. Finally, we will vigorously enforce

these rules and take all appropriate steps available to us in the event

of violations that affect ship safety.

Final Regulatory Flexibility Analysis

10. 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.

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

proceeding will require the owners and operators of large cargo

vessels, passenger vessels, and small passenger 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 service to the owners and operators of such

vessels, many of which are small businesses and will conserve scarce

government resources.

12. 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.

13. Significant alternatives considered. We initially considered

limiting the inspection of subject vessels to classification societies.

Commenters

[[Page 29658]]

overwhelmingly opposed limiting the inspections solely to

classification societies in response to the NOI and suggested that we

permit anyone with an FCC license to inspect the vessels. The United

States Coast Guard suggested that we maintain oversight of the ship

inspection process. We agree and are incorporating a random inspection

process.

List of Subjects

47 CFR Part 0

Organization and functions (Government agencies).

47 CFR Part 1

Administrative practice and procedures.

47 CFR Part 80

Communications equipment, Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Chapter I of Title 47 of the Code of Federal Regulations, Parts 0,

1 and 80, 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 redesignating paragraph (i) as

(i)(1) and adding a new paragraph (i)(2) to read as follows:

Sec. 0.311 Authority delegated.

* * * * *

(i)(1) * * *

(2) 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 license or Certificate--detailed in Sec. 80.59 of this

Chapter--as certification that a U.S. vessel required to be equipped

with a radio installation and inspected by the Commission or an entity

designated by the Commission, under the Safety Convention or subparts

Q, R, S, U, or W of part 80 of this chapter meets such inspection

requirements. The Chief, Compliance and Information Bureau is further

authorized to delegate this authority.

3. Section 0.314 is amended by revising paragraphs (e)(1) and (j)

to read as follows:

Sec. 0.314 Additional authority delegated.

* * * * *

(e)(1) For periodic survey as required by section 385 of the

Communications Act of 1934, as amended by the Telecommunications Act of

1996, and issuance of Communications Act radiotelephony certificates in

accordance with Sec. 80.903 of this chapter. The District Director or

Resident Agent will require that the inspection be conducted by an FCC-

licensed technician holding an appropriate class of FCC license in

accordance with Sec. 80.59 of this chapter.

* * * * *

(j) For ship radio inspection and certification of the ship radio

license, pursuant to the requirements of Section 362(b) and 385 of the

Communications Act of 1934 as amended by the Telecommunications Act of

1996. The District Director or Resident Agent will require that the

inspection be conducted by an FCC-licensed technician holding an

appropriate class of FCC license in accordance with Sec. 80.59 of this

chapter.

* * * * *

PART 1--PRACTICE AND PROCEDURE

4. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225 and 303(r).

5. Section 1.1103 is amended by removing the four entries for

``801'' under the header titled `` FCC Form No.'' and replacing them

with ``159 and corres.''

PART 80--STATIONS IN THE MARITIME SERVICES

6. 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 and 307(e) 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.

7. Section 80.5 is amended by revising the definitions of Cargo

ship safety radio-telegraphy certificate and Cargo ship safety

radioletelphony certificate and adding a definition of Cargo ship

safety radio certificate to read as follows:

Sec. 80.5 Definitions.

* * * * *

Cargo ship safety radio certificate. A certificate issued after a

ship passes an inspection of the required radiotelegraph,

radiotelephone or GMDSS radio installation. Issuance of this

certificate indicates that the vessel complies with the Communications

Act and the Safety Convention.

Cargo ship safety radiotelegraphy certificate. A certificate issued

after a ship passes an inspection of a radiotelegraph installation.

Issuance of this certificate indicates that the vessel complies with

the Communications Act and the Safety Convention.

Cargo ship safety radiotelephony certificate. A certificate issued

after a ship passes an inspection of a radiotelephone installation.

Issuance of this certificate indicates that the vessel complies with

the Communications Act and the Safety Convention.

* * * * *

8. Section 80.19 is amended by removing the entry ``Radio

inspection and certification'' under the column titled ``Application

for'' and removing the entry and corresponding footnote ``FCC Form

801.1'' under the column titled ``Use''.

9. Section 80.59 is amended by revising paragraphs (a), (d)

introductory text, (d)(1) introductory text, (d)(1)(v), adding a new

paragraph (d)(2) and removing paragraph (e) to read as follows:

Sec. 80.59 Compulsory ship inspections.

(a) Inspection of ships subject to the Communications Act or the

Safety Convention.

(1) The FCC will not normally conduct the required inspections of

ships subject to the inspection requirements of the Communications Act

or the Safety Convention.

Note: 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, Second Class Radiotelegraph Operator's Certificate, or

First Class Radiotelegraph Operator's Certificate in accordance with

the following table:

[[Page 29659]]

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Minimum class of FCC license required by private

sector technician to conduct inspection--only one

license required

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Category of vessel General Second class First class

radiotele- GMDSS radio radiotele- radiotele-

phone maintainer's graph graph

operator license operator's operator's

license certificate certificate

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Radiotelephone equipped vessels subject to 47 CFR part

80, subpart R or S.....................................

Radiotelegraph equipped vessels subject to 47 CFR part

80, subpart Q.......................................... ............ ............

GMDSS equipped vessels subject to 47 CFR part 80,

subpart W or subpart Q................................. ............ ............ ............

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(2) A certification that the ship has passed an inspection must be

entered into the ship's log by the inspecting technician. The

technician conducting the inspection and providing the certification

must not be the vessel's owner, operator, master, or employee or their

affiliates. Additionally, the vessel owner, operator, or ship's master

must certify in the station log that the inspection was satisfactory.

There are no FCC prior notice requirements for any inspection pursuant

to paragraph (a)(1) of this section. An inspection of the bridge-to-

bridge radio stations on board vessels subject to the Vessel Bridge-to-

Bridge Radiotelephone Act must be conducted by the same FCC-licensed

technician.

(3) Additionally, for passenger vessels operated on an

international voyage the inspecting technician must send a completed

FCC Form 806 to the Officer in Charge, Marine Safety Office, United

States Coast Guard in the Marine Inspection Zone in which the ship is

inspected.

(4) In the event that a ship fails to pass an inspection the

inspecting technician must make a log entry detailing the reason that

the ship did not pass the inspection. Additionally, the technician must

notify the vessel owner, operator, or ship's master that the vessel has

failed the inspection.

(5) Because such inspections are intended to ensure the

availability of communications capability during a distress the

Commission will vigorously investigate reports of fraudulent

inspections, or violations of the Communications Act or the

Commission's Rules related to ship inspections. FCC-licensed

technicians, ship owners or operators should report such violations to

the Commission through its National Call Center at 1-888-CALL FCC (1-

888-225-5322).

* * * * *

(d) Waiver of annual inspection. (1) The Commission may, upon a

finding that the public interest would be served, grant a waiver of the

annual inspection required by Section 362(b) of the Communications Act,

47 U.S.C. 360(b), for a period of not more than 90 days for the sole

purpose of enabling a United States vessel to complete its voyage and

proceed to a port in the United States where an inspection can be held.

An informal application must be submitted by the ship's owner, operator

or authorized agent. The application must be submitted to the

Commission's District Director or Resident Agent in charge of the FCC

office nearest the port of arrival at least three days before the

ship's arrival. The application must include:

* * * * *

(v) The reason why an FCC-licensed technician could not perform the

inspection; and

* * * * *

(2) Vessels that are navigated on voyages outside of the United

States for more than 12 months in succession are exempted from annual

inspection required by section 362(b) of the Communications Act,

provided that the vessels comply with all applicable requirements of

the Safety Convention, including the annual inspection required by

Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed

technician in accordance with this section within 30 days of arriving

in the United States.

10. Section 80.101 is amended by revising the fourth sentence in

paragraph (b) to read as follows:

Sec. 80.101 Radiotelephone testing procedure.

* * * * *

(b) * * * U. S. Coast Guard stations may be contacted on 2182 kHz

or 156.800 MHz for test purposes only when tests are being conducted by

Commission employees, when FCC-licensed technicians are conducting

inspections on behalf of the Commission, when qualified technicians are

installing or repairing radiotelephone equipment, or when qualified

ship's personnel conduct an operational check requested by the U.S.

Coast Guard. * * *

11. Section 80.409 is amended by revising paragraphs (b)(1)

introductory text and (f)(1) to read as follows:

Sec. 80.409 Station logs.

* * * * *

(b) * * *

(1) Logs must be retained by the licensee for a period of two years

from the date of entry, and, when applicable, for such additional

periods as required by the following paragraphs:

* * * * *

(f) * * *

(1) Radiotelephony stations subject to the Communications Act, the

Safety Convention, or the Bridge-to-Bridge Act must record entries

indicated by paragraphs (e)(1) through (e)(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) For ships that pass the inspection:

(A) The date the inspection was conducted.

(B) The date by which the next inspection needs to completed.

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

(including the serial number).

(D) The results of the inspection, including any repairs made.

(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 Q, R, S, U, or W of this part and has successfully passed the

inspection.

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

that the inspection was satisfactory.

(ii) For ships that fail the inspection:

(A) The date the inspection was conducted.

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

(including the serial number).

(C) The reason that the ship did not pass the inspection.

[[Page 29660]]

(D) The date and time that the ship's owner, operator or master was

notified that the ship failed the inspection.

* * * * *

12. Section 80.802 is amended by revising paragraph (a)

introductory text to read as follows:

Sec. 80.802 Inspection of station.

(a) Every ship of the United States subject to Part II of Title III

of the Communications Act or Chapter IV of the Safety Convention

equipped with a radiotelegraph installation must have the required

radio equipment inspected by an FCC-licensed technician holding a

Second Class Radiotelegraph Operator's Certificate, or First Class

Radiotelegraph Operator's Certificate once every 12 months. If the ship

passes the inspection the technician will issue a Cargo Ship Safety

Radio Certificate. Cargo Ship Safety Radio Certificates may be obtained

from the Commission's National Call Center--(888) 225-5322--or from its

Forms contractor.

* * * * *

13. Section 80.818 is amended by revising paragraph (b) to read as

follows:

Sec. 80.818 Direction finding and homing equipment.

* * * * *

(b) On or after May 25, 1980, must be equipped with radio direction

finding apparatus having a homing capability in accordance with

Sec. 80.824.

14. Section 80.819 is amended by revising paragraph (a)

introductory text to read as follows:

Sec. 80.819 Requirements for radio direction finder.

(a) The radio direction finding apparatus must:

* * * * *

15. Section 80.822 is revised to read as follows:

Sec. 80.822 Contingent acceptance of direction finder calibration.

When the required calibration can not be made before departure from

a harbor or port for a voyage in the open sea, the direction finder may

be tentatively approved on condition that the master certifies in

writing that the direction finder will be calibrated by a competent

technician.

16. Section 80.835 is amended by removing the fourth sentence in

paragraph (a).

17. Section 80.851 is amended by redesignating the text as

paragraph (a) and adding a new paragraph (b) to read as follows:

Sec. 80.851 Applicability.

* * * * *

(b) Until February 1, 1999, the inspection of all cargo vessels

equipped with a radiotelephone installation operated on domestic or

international voyages must be conducted by an FCC-licensed technician

in accordance with Sec. 80.59 once every 12 months. If the ship passes

the inspection the technician will issue a Safety Certificate. Cargo

Ship Safety Radio Certificates may be obtained from the Commission's

National Call Center--(888) 225-5322--or from its forms contractor.

18. Section 80.903 is revised to read as follows:

Sec. 80.903 Inspection of radiotelephone installation.

Every vessel subject to Part III of Title III of the Communications

Act must have a detailed inspection of the radio installation by an

FCC-licensed technician in accordance with Sec. 80.59 once every five

years. The FCC-licensed technician must use the latest FCC Information

Bulletin, How to Conduct an Inspection of a Small Passenger Vessel. If

the ship passes the inspection, the technician will issue a

Communications Act Safety Radiotelephony Certificate. Communications

Act Radiotelephony Certificates may be obtained from the Commission's

National Call Center--(888) 225-5322--or from its forms contractor.

19. Section 80.1067 is amended by revising paragraph (a) to read as

follows:

Sec. 80.1067 Inspection of station.

(a) Ships must have the required equipment inspected at least once

every 12 months by an FCC-licensed technician holding a GMDSS Radio

Maintainer's License. If the ship passes the inspection the technician

will issue a Safety Certificate. Safety Certificates may be obtained

from the Commission's National Call Center at 1-888-CALL FCC (1-888-

225-5322) or from its field offices. The effective date of the ship

Safety Certificate is the date the station is found to be in compliance

or not later than one business day later. The FCC-licensed technician

must use the latest FCC Information Bulletin, How to Conduct a GMDSS

Inspection. Contact the FCC's National Call Center at 1-888-CALL FCC

(1-888-225-5322) to request a copy.

* * * * *

[FR Doc. 98-13463 Filed 5-29-98; 8:45 am]

BILLING CODE 6712-01-P