[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25804-25807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12270]
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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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