[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58243-58245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28826]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80
[PR Docket No. 93-133, FCC 95-447]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has adopted a Report and Order to broaden,
update, and clarify general exemptions from the radiotelegraph
equipment requirements of the Communications Act for large cargo
vessels, and from the radiotelegraph and radio communication
requirements of the Communications Act and Safety Convention,
respectively, for small passenger vessels. These amendments decrease
regulatory burdens on operators of large cargo ships as well as small
passenger vessels, while maintaining safety of life at sea.
EFFECTIVE DATE: December 27, 1995.
FOR FURTHER INFORMATION CONTACT:
Roger S. Noel of the Wireless Telecommunications Bureau at (202) 418-
0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted October 27, 1995, and released November 8, 1995. The
full text of this action 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, ITS, Inc., (202) 857-3800, 2100 M
Street, NW., Suite 140, Washington, DC 20037.
Summary of Report and Order
1. In this action, the Commission made two distinct changes to the
rules. First, the Commission broadened the general exemption for large
oceangoing cargo vessels (those 1,600 gross tons and over) to permit
domestic voyages to Alaska and United States possessions in the
Caribbean, within 150 nautical miles of land. Further, the revised
exemption includes vessels equipped with Global Maritime Distress and
Safety System (GMDSS) radio installations, in lieu of radiotelegraph
equipment. Therefore,
[[Page 58244]]
this action will eliminate the administrative burdens associated with
preparing and processing individual exemption requests for such
vessels, without decreasing safety of life at sea. Cargo vessels
operating under the general exemption will equip with redundant, state-
of-the-art radio communications equipment, rather than manual morse
code installations.
2. Second, the Commission also broadened the general exemption from
the radio communications requirements of the Communications Act and
Safety Convention for small passenger vessels operated on certain
domestic voyages, including short international voyages. This includes
short international voyages (not more than 20 nautical miles from land
or, alternatively, not more than 200 nautical miles between consecutive
ports) to: the Bahamas; islands in the Caribbean Sea as far south as
Venezuela; Baja California, Mexico; and British Columbia, Canada. Such
voyages do not present a greater safety concern than those already
authorized under the current general exemption. Thus, this action will
eliminate administrative burdens associated with preparing and
processing individual exemption requests for such vessels, without
decreasing safety of life at sea. The short international voyages
authorized under the broadened general exemption keep vessels well
within reliable VHF or MF radio range while navigating.
3. The rules are set forth at the end of this document.
4. The rules contained herein have been analyzed with respect to
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and found
to contain no new or modified form, information collection, and/or
record keeping, labeling, disclosure, or record retention requirements
and will not increase or decrease burden hours imposed on the public.
5. This Report and Order is issued under the authority of sections
4(i) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i) and 303(r).
Final Regulatory Flexibility Analysis
Need and Purpose of This Action
This Report and Order seeks to broaden, update and clarify the
general exemptions found in the Commission's maritime service rules for
large oceangoing cargo vessels and small passenger vessels. This action
will reduce unnecessary economic and administrative burdens on vessel
operators, while maintaining the current level of access to maritime
safety communications.
Summary of the Issues Raised by the Public Comments in Response to the
Initial Flexibility Analysis
There were no comments submitted in response to the Initial
Regulatory Flexibility Analysis.
Significant Alternatives Considered
No significant alternative to this action was contained in the
Notice or suggested by commenters. The action represents the best means
to achieve the regulatory objective of minimizing the regulatory burden
on the public.
List of Subjects in 47 CFR Part 80
Marine safety, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
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: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1968, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
2. Section 80.836 is amended by revising the section heading and
paragraphs (a) and (c) to read as follows:
Sec. 80.836 General exemptions.
(a) General small passenger vessel exemptions, applicable to
certain U.S. passenger vessels of less than 100 gross tons, are
contained in subpart S of this part.
* * * * *
(c) Prior to February 1, 1999, cargo ships of 1600 gross tons and
upward are exempt from the radiotelegraph requirements of Part II of
Title II of the Communications Act, if the following criteria
(paragraphs (c)(1) and (c)(2) of this section and either paragraph
(c)(3) or (c)(4) of this section) are met:
(1) The ship operates on domestic voyages only. For purposes of
this paragraph, the term domestic voyages includes ports in Alaska,
U.S. possessions in the Caribbean, and along the coasts of the 48
contiguous states, so long as the vessel does not make port at a
foreign destination;
(2) The routes of the voyage are never more than 150 nautical miles
from the nearest land; and
(3) The ship complies fully with the requirements for the Global
Maritime Distress & Safety System (GMDSS) contained in subpart W of
this part; or
(4) The ship complies fully with all of the following conditions.
The ship must:
(i) Be equipped with a satellite ship earth station providing both
voice and telex, which has been type accepted for GMDSS use;
(ii) Be equipped with a VHF and MF radiotelephone installation
which complies fully with subpart R of this part and has the additional
capability of operating on the HF frequencies listed in Sec. 80.369(b)
for distress and safety communications (this capability may be added to
the MF radiotelephone installation);
(iii) Be equipped with a narrow-band direct-printing radiotelegraph
system with SITOR meeting the requirements of Sec. 80.219;
(iv) Be equipped with at least two VHF transceivers capable of
being powered by the reserve power supply (one of the VHF transceivers
may be the VHF required by paragraph (b)(4)(ii) of this section);
(v) Be equipped with a Category 1, 406 MHz EPIRB meeting the
requirements of Sec. 80.1061;
(vi) Be equipped with a NAVTEX receiver meeting the requirements of
Sec. 80.1101(c)(1);
(vii) Be equipped with three two-way VHF radiotelephone apparatus
and two radar transponders in accordance with Sec. 80.1095;
(viii) In addition to the main power source, be equipped with an
emergency power source which complies with all applicable rules and
regulations of the U.S. Coast Guard (the satellite earth station, the
narrow-band direct-printing equipment and the 500 kHz autoalarm
receiver must be capable of being powered by the main and emergency
power sources);
(ix) Be equipped with a 500 kHz autoalarm receiver and a means of
recording or decoding any distress signal received for relay to the
Coast Guard or a public coast station;
(x) Participate in the AMVER system when on voyages of more than
twenty-four hours and have the capability of operating on at least four
of the AMVER HF duplex channels;
(xi) Carry at least one licensed operator to operate and maintain
all the ship's distress and safety radio communications equipment in
accordance with Secs. 80.159(c) and 80.169; and
[[Page 58245]]
(xii) Maintain a continuous watch on 2182 kHz and 156.8 MHz, in
accordance with Sec. 80.305(b), when navigated.
* * * * *
3. Section 80.933 is amended by revising the section heading and
paragraph (b), redesignating paragraph (c) as paragraph (e), and adding
new paragraphs (c) and (d) to read as follows:
Sec. 80.933 General small passenger vessel exemptions.
* * * * *
(b) All U.S. passenger vessels of less than 100 gross tons, not
subject to the radio provisions of the Safety Convention, are exempt
from the radiotelegraph provisions of Part II of Title III of the
Communications Act, provided that the vessels are equipped with a
radiotelephone installation fully complying with subpart S of this
part.
(c) Prior to February 1, 1999, U.S. passenger vessels of less than
100 gross tons are exempt from the radiotelepraph requirements of Part
II of Title III of the Communications Act and the MF radiotelephone
requirements of this subpart as well as Regulations 7 to 11 of Chapter
IV of the Safety Convention if the following criteria are fully met:
(1) The ship is equipped with a VHF radiotelephone installation
meeting the requirements of this subpart;
(2) While navigating more than three nautical miles from the
nearest land, the ship is equipped with:
(i) A Category 1, 406 MHz EPIRB meeting the requirements of
Sec. 80.1061;
(ii) A NAVTEX receiver meeting the requirements of
Sec. 80.1101(c)(1); and
(iii) Three two-way VHF radiotelephone apparatus and two radar
transponders meeting the requirements of Sec. 80.1095.
(3) The ship remains within communications range of U.S. Coast
Guard or public coast stations operating in the band 156-162 MHz;
(4) The routes of the voyage are never more than 20 nautical miles
from the nearest land or, alternatively, not more than 200 nautical
miles between two consecutive ports, and are limited to the following
domestic and international voyages:
(i) In waters contiguous to Hawaii, the Bahama Islands and the
islands in the Caribbean Sea, including the Greater Antilles, Lesser
Antilles, and the coastal waters of Venezuela between the Mouth of the
Orinoco River and the Gulf of Venezuela;
(ii) In waters contiguous to the coast of Southern California from
Point Conception south to Cape San Lucas, Mexico; the islands of San
Miguel, Santa Rosa, Santa Cruz, Anacopa, San Nicolas, Santa Barbara,
Santa Catalina, and San Clemente are considered to be within these
waters; and,
(iii) In waters of the Pacific Northwest between Tacoma, Washington
and the waters of British Columbia, Canada, as far north as Queen
Charlotte Strait, never in the open sea.
(d) Prior to February 1, 1999, U.S. passenger vessels of less than
100 gross tons are exempt from the radiotelegraph requirements of Part
II of Title III of the Communications Act, as well as Regulations 7 to
11 of Chapter IV of the Safety Convention, if the following criteria
are fully met:
(1) The ship is equipped in accordance with paragraphs (c)(1) and
(c)(2) of this section;
(2) The ship is equipped with a MF radiotelephone installation
meeting the requirements of this subpart;
(3) The routes of the voyage are never more than 20 nautical miles
from the nearest land or, alternatively, not more than 100 nautical
miles between two consecutive ports, and are limited to international
voyages between Florida and the Bahama Islands.
* * * * *
4. Section 80.1065 is amended by revising paragraph (b)(5)(iii) to
read as follows:
Sec. 80.1065 Applicability.
* * * * *
(b) * * *
(5) * * *
(iii) The requirements of either Sec. 80.836 or Sec. 8.933.
* * * * *
[FR Doc. 95-28826 Filed 11-24-95; 8:45 am]
BILLING CODE 6712-01-M
