Global Maritime Distress and Safety System

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[PR Docket No. 90-480, FCC 98-180]

Global Maritime Distress and Safety System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission amended its rules to require that at-sea

maintenance for GMDSS vessels be conducted by an FCC-licensed

technician holding a GMDSS Maintainer's License and providing a grace

period until February 1999, so that existing technicians have an

opportunity to obtain the license. This action was taken in an effort

to fully address the safety issues raised regarding at-sea maintenance

for GMDSS vessels. Release of the Memorandum Opinion and Order ensures

that only qualified, FCC licensed technicians would provide at-sea

maintenance on board GMDSS-equipped vessels.

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EFFECTIVE DATE: October 19, 1998.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden of the Public

Safety and Private Wireless Division, Wireless Telecommunications

Bureau at (202) 418-0680 or via e-mail at [email protected].

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

Memorandum Opinion and Order, FCC 98-180, adopted July 28, 1998, and

released August 10, 1998. The full text of this Memorandum Opinion and

Order is available for inspection and copying during normal business

hours in the FCC Dockets Branch, Room 230, 1919 M Street, N.W.,

Washington, D.C. 20554. The complete text may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., 1231 20th Street, Washington D.C. 20036, telephone (202) 857-

3800. This Memorandum Opinion and Order imposes no paperwork burden on

the public.

Summary of Memorandum Opinion and Order

1. In this Memorandum Opinion and Order, we deny the American Radio

Association's (ARA) Petition for Partial Reconsideration (Petition) of

our Report and Order, 57 FR 9063 (March 16, 1992) adding the technical

and operational requirements of the Global Maritime Distress and Safety

System (GMDSS) to Part 80 of the Commission's Rules. 1 Our

rules are consistent with the GMDSS provisions of the International

Convention for the Safety of Life at Sea (Safety Convention)

2 as adopted by the International Maritime Organization

(IMO), 3 and provide flexibility for vessel operators to

choose maintenance methods based on the routes of each particular

vessel and the availability of shore-based maintenance. Duplication of

equipment and shore-based maintenance are as effective a means for

ensuring successful operation of GMDSS radio installations as at-sea

maintenance. Also, Congress recently affirmed that U.S. vessels should

not have to carry dual safety systems prior to full implementation of

the GMDSS in 1999. Section 365 of the Communications Act of 1934, as

amended, (Communications Act) prohibits any requirement that passenger

vessels and large cargo vessels carry manual Morse code radiotelegraph

installations, so long as these vessels operate in accordance with the

GMDSS provisions of the Safety Convention, 4 and have been

certified by the U.S. Coast Guard as having GMDSS equipment installed

and operating in good working condition. 5

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\1\ Report and Order, 7 FCC Rcd 951 (1992).

\2\ International Convention for the Safety of Life at Sea, 1974

(Safety Convention), 32 U.S.T. 47, T.I.A.S. 9700.

\3\ The IMO is a specialized agency of the United Nations that

promotes the safety of ships and property at sea and the lives of

people on board.

\4\ Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996

Telecommunications Act).

\5\ See Section 365 of the Communications Act, as amended, 47

U.S.C. Sec. 363.

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2. Prior to the enactment of the 1996 Telecommunications Act,

Section 351 of the Communications Act required passenger vessels and

large cargo vessels to be equipped with manual Morse code

radiotelegraph installations when navigating on the open seas or on

international voyages. 6 This requirement derived from the

Wireless Ship Act of 1910, 7 and the Radio Communications

Act of 1912. 8 At that time, the radiotelegraph was part of

an international distress communications system providing a common

radio link between large vessels at sea via manual Morse code

telegraphy on 500 kHz. In 1988, the international maritime community

agreed to replace the required radiotelegraph with the GMDSS--an

automated ship-to-shore distress and safety radio communications system

that relies on satellites and advanced terrestrial systems.

9 In 1992, the Commission in the Report and Order, 57 FR

9063 (March 16, 1992) adopted rules implementing the new international

GMDSS requirements, requiring each passenger vessel and cargo vessel

over 300 gross tons (hereafter ``compulsory vessels'') to carry a

complete GMDSS radio installation by February 1, 1999. 10

Four years later, in 1996, Congress amended the Communications Act to

eliminate the radiotelegraph carriage requirement for vessels carrying

a GMDSS radio installation.11

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\6\ 47 U.S.C. Sec. 351.

\7\ Pub. L. No. 262, 36 Stat. 629 (1910).

\8\ Pub. L. 264, 37 Stat. 302 (1912).

\9\ See Final Acts of the Conference of Contracting Governments

to the International Convention for the Safety of Life at Sea, 1974,

on the Global Maritime Distress and Safety System, London (1988)

(1988 SOLAS Amendments).

\10\ Report and Order, 7 FCC Rcd at 951.

\11\ The Commission implemented Section 365 of the

Communications Act--a provision created by Section 206 of the 1996

Telecommunications Act--by Order released April 12, 1996. See

Amendment of the Commission's Rule to Conform the Maritime Service

Rules to the Provisions of the Telecommunications Act of 1996,

Order, 11 FCC Rcd 17069 (1996).

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3. The GMDSS rules ensure that qualified personnel are available to

operate the radio installation during an emergency. Each GMDSS vessel

must carry two persons licensed by the Commission to operate the radio

installation. Although these operators may have other duties on board

the vessel, one of them must be dedicated to operating the GMDSS

installation during an emergency, while the other operator serves as a

backup.12 In addition to the two licensed operators on

board, the vessel owner must choose among three maintenance methods:

duplication of equipment, shore-based maintenance, and/or at-sea

maintenance.13 If at-sea maintenance is chosen, the vessel

must carry one person licensed by the Commission to maintain the GMDSS

radio installation.14 The number and types of maintenance

options required depend on the routes of the vessel.

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\12\ 47 C.F.R. Sec. 80.1073.

\13\ The term ``duplication of equipment'' refers to carrying

redundant systems to meet GMDSS functional requirements as specified

in 47 C.F.R. Sec. 80.1105(g). The term ``shore-based maintenance''

refers to maintaining and repairing GMDSS systems at ports of call

as specified in 47 C.F.R. Sec. 80.1105(i). The term ``at-sea

maintenance'' refers to carrying at least one person qualified to

maintain and repair GMDSS systems while the vessel is at sea, as

specified in 47 C.F.R. Sec. 80.1105(j).

\14\ 47 C.F.R. Sec. 80.1074.

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4. After having carefully reviewed the arguments of ARA, the

opposition pleading submitted by the American Institute of Merchant

Shipping, and Congressional correspondence, we affirm our original

decision. All arguments presented by the petitioner and commenters are

essentially the same as those previously considered by the

Commission.15 Moreover, these issues are the same as those

examined by the international maritime community during the development

of the GMDSS.

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\15\ See Report and Order, 7 FCC Rcd at 955-58.

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5. At-sea-maintenance for GMDSS vessels. In adopting the GMDSS

rules in 1992, we found that requiring two licensed GMDSS radio

operators and providing maintenance options based on vessels' routes

would ensure safety at sea.16 All safety concerns were

reviewed by the IMO and again in the Commission's Report and Order with

emphasis on U.S. vessels. In addition, the Commission concurred with

the IMO view that, in considering the proper operation of radio

equipment, requiring two licensed GMDSS radio operators is superior to

reliance on one individual who might be unable to perform

communications during a distress situation.17 The GMDSS

requires multiple radio operators who

[[Page 49872]]

are familiar with the radio equipment and who use it daily to satisfy

the ship's operational needs. They must be licensed and familiar with

GMDSS emergency procedures, and possess the basic technical skills

necessary to replace equipment and adjust antennas.

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\16\ Id. at 954.

\17\ This position was reaffirmed at the World Administrative

Radio Conference held in February 1992 (WARC-92), where the

international community conformed the international Radio

Regulations to the 1988 SOLAS Amendments concerning this point.

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6. In response to safety concerns expressed by ARA and others about

operator availability during a distress situation, we adopted the Coast

Guard's suggestion that the radio operator and his/her alternate must

be listed on the ship's station bill. Further, the Commission's GMDSS

rules implement the Safety Convention regulations that require vital

safety communications equipment to be functioning properly before a

ship leaves port. Moreover, in 1996 Congress endorsed the GMDSS

requirements set forth in the Safety Convention, which do not require

at-sea maintenance. Congress, the Safety Convention, and the

Commission's GMDSS rules are in agreement concerning at-sea

maintenance.

7. In an effort to fully address the safety issues raised regarding

at-sea maintenance for GMDSS vessels, we are amending Section

80.1074(b) to require that all at-sea maintenance be conducted by an

FCC-licensed technician holding a GMDSS Radio Maintainer's License, and

providing a grace period until February 1999 so that existing

technicians have an opportunity to obtain the license. In 1993, the

Commission amended Part 13 of the rules, creating a GMDSS Radio

Maintainer's License to ensure that only qualified, FCC-licensed

technicians would provide at-sea maintenance on board GMDSS-equipped

vessels.18 In order to be licensed by the Commission as a

GMDSS Radio Maintainer, an applicant must pass a written examination

demonstrating knowledge of GMDSS systems and repair

procedures.19 We are amending the rules to reflect the

Commission's intent in creating the new GMDSS Radio Maintainer's

License.20

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\18\ Amendment of Part 13 of the Commission's Rules to Privatize

the Administration of Examinations for Commercial Operator Licenses

and to Clarify Certain Rules, FO Docket No. 92-206, Report and

Order, 8 FCC Rcd 1046 (1993). See also Public Notice, 8 FCC Rcd 919

(1993).

\19\ 47 C.F.R. Sec. 13.203(a)(7).

\20\ In creating the GMDSS Maintainer's License in 1993, the

Commission postponed amending Sec. 80.1074(b) pending final

resolution of the maintenance issues in the subject Petition for

Reconsideration. Now that the maintenance issues have been resolved,

this amendment is necessary in order to ensure that at-sea

maintenance is provided by qualified individuals. A notice and

comment rulemaking proceeding in this matter, however, is

unnecessary and would be contrary to the public interest. See 47 CFR

Sec. 1.412(c), 5 USC Sec. 553(b)(B).

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8. Presently, Section 80.1074(b) permits at-sea maintenance to be

performed by a licensed technician holding either a First Class

Radiotelegraph Operator's Certificate (T-1), Second Class

Radiotelephone Operator's Certificate (T-2), or a General

Radiotelephone Operator License (G). In order to minimize the impact of

this amendment on vessel operators that may have already made

arrangements for at-sea maintenance, we are providing a grace period

whereby persons holding the non-GMDSS related licenses listed above

will have ample opportunity to take the examination(s) required to

obtain a GMDSS Maintainer's License. Therefore, persons holding a T-1,

T-2, or G may serve as an at-sea maintainer on GMDSS vessels until the

full implementation of the GMDSS on February 1, 1999.

9. Transition period. The Commission no longer has the statutory

authority to require GMDSS vessels to carry a manual Morse code

radiotelegraph installation. Section 365 of the Communications Act

prohibits any requirement that compulsory vessels carry manual Morse

code radiotelegraph installations, so long as they operate in

accordance with the GMDSS provisions of the Safety Convention and have

been certified by the U.S. Coast Guard as having GMDSS equipment

installed and operating in good working condition.21 On

April 12, 1996, the Commission released an Order implementing Section

365 of the Communications Act by revising the general exemption in 47

CFR Sec. 80.836. Furthermore, perpetuating an outmoded ship-to-ship

manual Morse code radiotelegraph system on 500 kHz that has little

potential to communicate with radio stations of the major maritime

nations risks American lives and property.22 Many countries

are already in the process of eliminating the 500 kHz manual Morse code

system and converting their ships to GMDSS. Further, the Coast Guard

has already eliminated its shore watch on 500 kHz. Thus, carrying dual

systems is not required by the international regulations and would be

an unnecessary burden for the U.S. shipping industry.

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\21\ 47 U.S.C. Sec. 363.

\22\ Report and Order, 7 FCC Rcd at 953.

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10. Ordering Clauses. It is further ordered that, pursuant to the

authority contained in Sections 4(i) and 303(r) of the Communications

Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r), and the authority

contained in section 553(b)(B) of the Administrative Procedure Act, 5

U.S.C. 553(b)(B), and Section 1.412(c) of the Commission's Rules, 47

CFR 1.412(c), part 80 of the Commission's Rules is amended as set forth

below, effective October 29, 1998.

11. It is further ordered that, pursuant to the authority contained

in Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 303(r), and 405, and Section 1.429(i) of the

Commission's Rules, 47 CFR 1.429(i), the Petition for Partial

Reconsideration filed by the American Radio Association is denied.

12. It is further ordered that this proceeding is terminated.

List of Subjects in 47 CFR Part 80

Marine safety, Telegraph, Vessels, Global maritime distress and

safety system (GMDSS).

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 80 of Chapter I of Title 47 of the Code of Federal Regulations

Part 80 is amended as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

1. 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, 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.

2. Section 80.1074 is amended by revising paragraph (b) to read as

follows:

Sec. 80.1074 Radio maintenance personnel for at-sea maintenance.

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(b) The following licenses qualify personnel as GMDSS radio

maintainers to perform at-sea maintenance of equipment specified in

this subpart. For the purposes of this subpart, no order is intended by

this listing or the alphanumeric designator.

(1) GM: GMDSS Maintainer's License;

(2) GB: GMDSS Operator's/Maintainer's License; or,

(3) Until February 1, 1999:

(i) T-1: First Class Radiotelegraph Operator's Certificate;

(ii) T-2: Second Class Radiotelegraph Operator's Certificate; or,

(iii) G: General Radiotelephone Operator License.

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[FR Doc. 98-25043 Filed 9-17-98; 8:45 am]

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