Rule2023-24678
Radiotelephone Requirements for Vessels on the Great Lakes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 9, 2023
Effective
November 9, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) amends its rules to retain the radiotelephone requirements for vessels subject to the current Great Lakes Agreement (GLA or Agreement). The GLA is a treaty between the United States and Canada. In relevant part, the GLA established requirements regarding the usage and maintenance of radiocommunications equipment for safety purposes aboard certain vessels navigating on the Great Lakes. Pursuant to Canada's notice of termination on November 2, 2022, the GLA will cease to be effective on November 2, 2023. As a result, the FCC takes expedited action in this order to amend subpart T and certain other parts of the Commission's rules to remove the references to the GLA and maintain the applicability of rules in the Great Lakes.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77214-77224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24678]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 80
[WT Docket No. 23-357; FCC 23-90; FR ID 183686]
Radiotelephone Requirements for Vessels on the Great Lakes
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) amends its rules to retain the radiotelephone
requirements for vessels subject to the current Great Lakes Agreement
(GLA or Agreement). The GLA is a treaty between the United States and
Canada. In relevant part, the GLA established requirements regarding
the usage and maintenance of radiocommunications equipment for safety
purposes aboard certain vessels navigating on the Great Lakes. Pursuant
to Canada's notice of termination on November 2, 2022, the GLA will
cease to be effective on November 2, 2023. As a result, the FCC takes
expedited action in this order to amend subpart T and certain other
parts of the Commission's rules to remove the references to the GLA and
maintain the applicability of rules in the Great Lakes.
DATES: Effective November 9, 2023.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Erin McGrath of the Wireless Telecommunications
Bureau, Mobility Division, at (202) 418-2042 or <a href="/cdn-cgi/l/email-protection#5b3e2932357536383c293a2f331b3d3838753c342d"><span class="__cf_email__" data-cfemail="4421362d2a6a2927233625302c042227276a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of Commission's Order, in
WT Docket No. 23-357; FCC 23-90, adopted on October 30, 2023 and
released on October 31, 2023. The full text of this document is
available for public inspection online at <a href="https://docs.fcc.gov/public/attachments/FCC-23-90A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-90A1.pdf</a>. The Commission will send a copy of this
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
Synopsis
1. In this Order, the Commission takes action to ensure the
continued safety of vessels navigating the Great Lakes by amending part
0 and part 80 of the Commission's rules to retain the radiotelephone
requirements for vessels subject to the current Great Lakes Agreement
(GLA or Agreement). The GLA is a treaty between the United States and
Canada that, among other things, established requirements regarding the
``usage and maintenance of radiocommunications equipment for safety
purposes aboard'' certain vessels navigating on the Great Lakes.
Agreement Between Canada and the United States for the Promotion of
Safety on the Great Lakes by Means of Radio, art. II, U.S.-Canada,
April 26, 1973, 25 UST 935, T.I.A.S. 7837, amended 30 UST 2523,
T.I.A.S. 9352 (GLA). These requirements are codified primarily in
subpart T of part 80 of the
[[Page 77215]]
Commission's rules (subpart T). Because the GLA will cease to be
effective on November 2, 2023, pursuant to Canada's notice of
termination on November 2, 2022, the Commission must take expedited
action to amend subpart T and certain other rules in part 0 and part 80
to remove the references to the GLA and maintain the applicability of
rules in the Great Lakes. This will ensure that the Commission's rules
continue to promote the safety of life and property on the Great Lakes,
provide regulatory stability going forward, and accurately reflect the
GLA's status.
2. Further, after careful consideration of information the
Commission has recently received from the U.S. Coast Guard (USCG),
which also contains information from the Canadian government, the
Commission finds it to be necessary and in the public interest to amend
one of the subpart T rules requiring an inspection of the required
radiotelephone installation at least once every 13 months by extending
the time period to once every 48 months. As described in further detail
herein, the Commission takes this action to align its rules with the
Canadian inspection interval that will apply upon termination of the
GLA and to more closely conform to the current needs of the industry
given improvements in maritime safety and equipment. The USCG supports
this change, noting that the GLA's termination was prompted after the
Canadian Government's attempt to renegotiate the terms of the
inspection requirement for three years.
I. Background
3. Ensuring the availability of critical maritime communications
has been one of the Commission's fundamental obligations since the
earliest days of the Communications Act. The Act not only charges the
Commission generally with making available wire and radio service for
the purpose of promoting safety of life and property, but it also
specifically entrusts us with obligations relating to maritime radio
communications. Today, similar to the terrestrial emergency 911 system,
the maritime services provide for the unique distress, as well as the
operational and personal communications, needs of vessels at sea and on
inland waterways. While the maritime community has pioneered the use of
radio for safety purposes, maritime services also provide a wide range
of communications services to vessels to support a multibillion-dollar
industry. Along with other applicable rule parts, part 80 of the
Commission's rules contains the requirements for stations in the
maritime services, and specifically states that the rules are
promulgated under the provisions of the Communications Act of 1934,
which provides the Commission authority to regulate radio transmissions
and to issue licenses for radio stations, and in accordance with
various applicable statutes, treaties, and agreements, including the
GLA. It also notes that the USCG also has rules that affect
radiotelecommunication equipment carriage and power source requirements
on certain ships. This extensive history and these requirements reflect
the importance of having radio equipment aboard vessels to facilitate
communication and promote maritime safety without causing harmful
interference to each other or to other spectrum users.
A. The Great Lakes Agreement
4. The GLA was signed on February 26, 1973, entered into force on
May 6, 1975, and was amended in 1978 and 1988. The GLA is generally
intended to promote the safety of life and property and efficiency of
navigation on the Great Lakes and their connecting and tributary waters
by coordinating the use of radiocommunications equipment for distress,
safety, and navigational purposes. The purposes of the GLA include not
only ensuring the operability of radiocommunication and associated
equipment during maritime distress and safety and efficiency while
navigating on the Great Lakes, but also ensuring that all vessel on the
Great Lakes are operating under uniform regulations on
radiocommunications to maintain the safety of all ships operating on
the Great Lakes. Both the United States and Canada agreed to cooperate
to maintain similar rules to the greatest extent possible.
5. The GLA provides that vessels of all countries must comply with
its requirements while operating on the Great Lakes if they fall within
certain specific categories. The GLA requires, among other things, that
all vessels 65 feet or over in length, most towing vessels, and vessels
carrying more than six passengers for hire be equipped with a marine
VHF radiotelephone installation. In order to further the purposes of
the GLA, applicable vessels also need to comply with certain other
requirements, such as meeting listening and frequency requirements,
having at least one certified radio operator, and retaining certain
records on the use of the radiotelephone station for safety purposes,
among others.
6. The GLA also requires that radiotelephone stations be inspected
at least once every thirteen months either by officers of the United
States or Canada or by persons nominated for that purpose or
organizations recognized by either the United States or Canada.
Following inspection, the inspector must certify that the relevant
provisions of the GLA have been complied with, and that certification
must be kept on board the vessel and available for inspection.
B. Commission Rules Implementing the Great Lakes Agreement
7. The Commission adopted rules implementing the GLA primarily in
subpart T of part 80 and in other scattered sections of part 0 and part
80. The subpart T rules apply to vessels to which the GLA applies that
fit into the specific GLA categories--i.e., all vessels 20 meters (65
feet) or over in length, most towing vessels, and vessels carrying more
than six passengers for hire--while operating on the Great Lakes,
unless they have received an exemption from the Commission. Subpart T
not only incorporates the GLA requirements for use of VHF equipment,
but also mandates, consistent with the GLA, the frequencies to be used
and other technical requirements, including reserve power, operator,
maintenance and inspection requirements.
8. Besides the rules in subpart T, the GLA is mentioned in and
effectuated by other sections of part 80 and part 0 of the Commission's
rules. In part 0, sections 0.131(s)(2) and 0.491 specifically mention
the GLA in delegating authority to the Wireless Telecommunications
Bureau to grant emergency exemption requests, extensions or waivers of
inspection to ships and in providing filing instructions for exemption
requests, respectively. Apart from subpart T, the following rules in
part 80, in most cases, contain references to the GLA that need to be
replaced, but, in some cases, augment subpart T by clarifying technical
and other requirements applicable to Great Lakes vessels. These rules
are as follows: 80.1(a) (referencing the GLA in a list of documents
providing the basis for the Commission's maritime rules), 80.5
(referencing the GLA in the definition of passenger carrying vessel in
the categories of ships section and the Great Lakes definition and
defining compulsory ships in the categories of ships section), 80.59
(identifying the inspection requirements for the various categories of
compulsory vessels and referencing the GLA), 80.161 (referencing the
GLA in an operator requirement rule), 80.308 (referencing the GLA in a
watch requirement rule), 80.401 (referencing the GLA in a station
document requirement rule), 80.409(f)
[[Page 77216]]
(providing how different categories of vessels must comply with
requirements for station log entries and referencing the GLA),
80.411(b) (identifying the certificate posting requirements of various
vessels and referencing the GLA), 80.1005 (referencing the GLA in the
inspection rule in subpart U, which applies to Bridge-to-Bridge Act
vessels), and 80.1065(b) (referencing the GLA in the applicability rule
in subpart W, which applies to vessels that must carry the Global
Maritime Distress and Safety System).
9. With regard to inspection and certification, section 80.953
describes the requirements that apply to each vessel subject to the
GLA. As described in further detail below, each vessel subject to the
GLA must have a radiotelephone installation inspection at least once
every 13 months.
C. Termination of the Great Lakes Agreement
10. Article XXI of the GLA provides that the Agreement may be
terminated unilaterally by either the United States or Canada upon
written notice, with termination taking effect twelve months after the
date of such notification. As noted above, on November 2, 2022, Canada
provided written notice to the United States of the termination of the
GLA. Accordingly, the GLA will cease to be effective on November 2,
2023. The Commission and the USCG have been working diligently during
this time to arrive at a solution that will maintain safety and
regulatory certainty for how maritime radio equipment aboard vessels in
the Great Lakes operates to permit communications, including but not
limited to during emergencies.
II. Discussion
A. Reinstatement of the Commission's Rules for the Great Lakes
11. The Commission's rules promoting the safety of vessels
navigating the Great Lakes generally would not be valid and in effect
after the termination of the GLA on November 2, 2023, without today's
action to extend these safety measures. The subpart T rules, by their
terms, apply only to vessels that are subject to the GLA, not to all
vessels that are on voyages in those specific waters. Section 80.951
specifically states that vessels to which the GLA applies must comply
with subpart T while navigating on the Great Lakes. Other rules in part
0 and part 80 use similar terminology to establish their applicability
to vessels that are subject to the GLA. Furthermore, in adopting many
of these rules, the Commission stated that its purpose was to implement
the GLA. Accordingly, given that the applicability of the current
subpart T rules and certain other rules in part 0 and part 80 is
predicated on the continued existence of the GLA, the effective date of
termination of the GLA on November 2, 2023, would render those rules a
nullity with no practical effect on any vessels, leaving the Commission
with no means of carrying forward the enforcement of important Great
Lakes-specific radiotelephone installation requirements in the absence
of replacement rules. To remedy a situation that could negatively
impact safety on the Great Lakes, the Commission finds it necessary and
in the public interest to amend the subpart T rules and certain other
rules in part 0 and part 80--i.e., to remove the references to the GLA
and clarify some rules given the termination of the GLA--to ensure the
continued applicability of the substantive requirements governing
vessels that are currently subject to the GLA. By continuing the
effectiveness of these rules, the Commission will maintain the
important public safety requirements that have been in place for
decades applicable to certain vessels navigating the Great Lakes.
12. The Commission finds that these rules are necessary and in the
public interest, first and foremost, to preserve safety of life and
property on the Great Lakes. As noted above, the rules at issue
implemented the GLA requirements to install, use, and maintain basic
equipment (marine VHF radio) as a means of serving safety, as well as
operational and business, purposes for vessel operators. The
installation and maintenance of VHF radios are critical to navigation
safety on the Great Lakes for purposes including intership navigation,
port safety, and operation in vessel traffic areas. Due to limits on
coverage from land-based mobile networks over the Great Lakes waters,
the USCG operates an extensive network of towers to listen to distress
calls and the Rescue 21 network to locate those in danger, and in
addition, others, such as commercial ships and bridge tenders rely on
VHF marine radio. VHF radios operating in compliance with the GLA rules
are essential to Search and Rescue proceedings and other important
emergency and non-emergency safety functions including navigation,
Vessel Traffic Service (VTS), port operations, port safety, and the
dissemination of Urgent Marine Information Broadcasts and weather
warnings. For example, vessels entering the Great Lakes traffic areas
need radios to check into the VTS centers. VTS, the primary tool used
by operators to communicate with mariners in a VTS operating area,
provides a wide range of techniques and capabilities aimed at
preventing vessel collisions, rammings, and groundings in the harbor,
expedites ship movements, increases transportation systems efficiency,
and improves operating capability. While it is unlikely that vessel
operators would stop carrying and using basic VHF radio equipment
immediately upon the effective date of the GLA's termination on
November 2, 2023, over time, it is possible that some vessels would
stop installing or maintaining VHF radio equipment if it is not
required, affecting the efficiency of navigation and making essential
communications challenging. The Commission finds that, as a result,
safety would be compromised in both emergency and non-emergency
situations.
13. Existing rules also provide for inspections of required
equipment, maintenance contracts, reserve power, use of licensed
operators, or maintenance of a continuous watch on certain frequencies.
The USCG demonstrates that, if the pending termination of the GLA is
not immediately addressed, mariner's safety will be at risk. While the
GLA has been successful in promoting safety on the Great Lakes, USCG
data demonstrates that there are a few vessels that are not in
compliance. Not only do some of these vessels not have VHF radios or
FCC licenses, but some also have faulty equipment or do not have
reserve power, the required certifications, or radio logs. These
failures were discovered during USCG inspections, demonstrating the
general importance of inspection requirements as a vital means of
maintaining safety and ensuring compliance with rules. Thus, the
amendment of subpart T and certain part 0 and part 80 rules is
necessary to maintain these important safety requirements.
14. Further, one of the primary purposes of the GLA--and, thus, of
our implementing rules--is to provide uniform radiocommunications
regulations for all vessels operating on the Great Lakes, regardless
from which nation the vessel originates. Uniformity is important not
only for distress situations, but also to ensure maritime safety and
efficiency of navigation. Canada has recently adopted rules that are
similar to the GLA requirements and, therefore, the equipment carriage
requirements will remain the same even after the GLA terminates.
Accordingly, with the exception of a modification to the inspection
interval explained below,
[[Page 77217]]
as of November 2, 2023, the substance of the current GLA requirements
would continue to apply to vessels in Canadian waters of the Great
Lakes, but not to vessels in U.S. waters, if these rules are not
amended. Amending the Commission's rules to retain the existing
requirements is necessary to ensure the uniformity of rules in the
United States and Canada.
15. Maintaining uniformity in regulations between the United States
and Canada simplifies the obligations of vessel operators on the Great
Lakes and prevents unnecessary confusion, delay, and cost. If the
Commission were not to maintain the GLA rules in the same way as
implemented under the GLA, vessel operators subject to current GLA
requirements could be confused about which rules apply as they voyage
on the Great Lakes--the Canadian rules that are based on the GLA, or
different, non-GLA rules in the United States that apply to some U.S.
vessels in the Great Lakes. For example, a U.S. vessel that is not
subject to the GLA rules in U.S. waters and may no longer be in
compliance with existing GLA rules, could be detained or subject to
penalties for violations of the radio and inspection requirements in
Canadian waters where the Canadian GLA rules do apply. Indeed, because
there is no ``innocent passage'' in the Great Lakes, a vessel
navigating the Great Lakes passes through both U.S. and Canadian waters
multiple times, subjecting that vessel to multiple rule violations.
Vessels would need to be cognizant of which set of rules they need to
follow and what equipment needs to be on board based on whether they
are in the U.S. or Canadian waters of the Great Lakes or if they are
going to a port in the other country. By amending the Commission's
rules to retain generally the requirements already applicable to these
vessels, the Commission promotes clarity, certainty, and ultimately
safety while minimizing burdens on operators.
16. Additionally, if the Commission were not to maintain the
current Great Lakes rules that are consistent with the GLA and Canada's
requirements, commerce and travel could be adversely affected as a
result of the lack of certainty to vessels navigating the Great Lakes
and going between ports in the United States and Canada. After the
effective date of termination of the GLA, unless the Commission
maintains the existing GLA rules to match Canada's rules, vessels on
the Great Lakes may have the burden and cost of complying with two
different and possibly conflicting sets of requirements. Vessels may be
refused access to or detained at the foreign port if they are not in
compliance with the other country's rules. Not only is detention and
delay of vessels a possibility, but also vessels could be subject to
monetary fines for violations of rules governing VHF radio
installations and inspections, along with other GLA requirements. This
scenario could hinder trade if vessels cannot freely travel on the
Great Lakes between ports in the United States and Canada in the
absence of a certain, uniform set of applicable rules.
B. Update to the Commission's Inspection Requirement for the Great
Lakes
17. Although the Commission is amending subpart T and certain part
0 and part 80 rules to retain the existing requirements in their
entirety, the Commission hereby amends the inspection requirement in
section 80.951 by changing the required inspection interval from at
least once every 13 months, to at least once every 48 months.
Certifications of inspection that are valid on the effective date of
the GLA termination--therefore, dated between October 2, 2022 and
November 2, 2023--will be valid for 48 months from the date of
inspection, as opposed to 13 months. The Commission takes this action
to align its requirement with Canada's inspection interval currently
applicable to inland waterways that will be applicable to GLA vessels
upon the effective termination of the GLA. This alignment will promote
uniformity and more closely conform to the current needs of the
industry and the realistic practices of both the United States and
Canada in maintaining safety and beneficial commerce for vessels
navigating on the Great Lakes.
18. This inspection requirement change is supported by the USCG,
which has had extensive conversations with Great Lakes mariners
regarding concerns about the 13-month-inspection requirement, and has
stated that changing the inspection requirement will not hinder the
safety of life and property. As the USCG explains, improvements in
maritime safety and equipment have resulted in the GLA's inspection
interval requirement becoming antiquated and in need of revision to
allow a longer period of time between required inspections.
Specifically, although the original 13-month-inspection interval may
have been necessary decades ago when the GLA was first executed and
vessels used crystal radios requiring more frequent monitoring and
adjusting, improvements in VHF radio technology mean that the equipment
is reliable for a significantly longer period of time. Thus, the USCG
states that changing the inspection interval from 13 months to 48
months will not affect mariner's safety because of the improved
reliability and stability of current VHF equipment.
19. The Commission notes that a 48-month inspection interval for
Great Lakes vessels that are likely within range of VHF radio
communications, and therefore available for quicker safety response
according to the USCG, is appropriate in contrast to vessels subject to
the Safety Convention (SOLAS) and subpart W of the Commission's rules.
These SOLAS and subpart W vessels have an annual inspection
requirement, but they travel further offshore, navigate the oceans and
typically are outside of VHF range, and travel for longer time periods.
In contrast to Great Lakes vessels that solely navigate the Great Lakes
and are specifically exempt from SOLAS, SOLAS vessels must carry longer
range communications and more complex navigation equipment.
Accordingly, SOLAS vessels are subject to a more stringent annual
inspection interval, which will continue to apply separate from vessels
navigating the Great Lakes.
20. By lengthening the inspection interval for Great Lakes vessels,
the Commission intends to lessen the costs and burdens for applicable
vessel owners and operators, but without any decrease in safety.
Inspections of Great Lakes vessels cost on average $300 per vessel.
Accordingly, as an example, if a company operates 20 vessels, it would
be required by pay $6,000 (20 x $300) for the 13-month inspection, and
$24,000 (4 x $6,000) over the course of 48 months. By changing the
inspection interval to once every 48 months, that vessel company would
only be required to pay $6,000 over the course of 48 months, saving
$18,000 ($24,000-$6,000). This burden reduction will not negatively
impact safety because, as noted above, technological advances in radio
installations have translated to a reduced need for frequent
inspections. The Commission notes that in 1996, when the Commission
privatized the inspection of GLA vessels, it stated that, over a five
year period, only one percent of the vessels failed the radio
inspection. As stated above, USCG data supports that, while some
vessels fail inspection, there is a low failure rate of the equipment.
Still, the Commission continues to believe that inspections are an
integral part of the Commission's rules and necessary to ensure that
vessels navigating the Great Lakes have a reliable means of
communications to support efficient and safe navigation and to notify
others when in distress.
[[Page 77218]]
21. The Commission also makes corresponding changes to the
requirement that vessels must retain a log entry or issuance of a Great
Lakes certificate from two years until the date of the next radio
inspection. This rule change conforms the log retention rule with the
48-month inspection requirement.
C. Notice and Comment
22. The Commission finds good cause, pursuant to the Administrative
Procedure Act (APA), to conclude that prior notice and comment are
unnecessary before adopting these amendments because the amended rules
will simply retain existing legal requirements, except for the
amendment to the inspection requirement adopted herein. Notice and
comment are unnecessary when ``the administrative rule is a routine
determination, insignificant in nature and impact, and inconsequential
to the industry and to the public.'' Util. Solid Waste Activities Grp.
v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001) (internal quotation marks
omitted); accord Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir.
2012). The ``unnecessary'' prong is met when the rule amendments do not
``substantively alter the existing regulatory framework'' or produce
any ``detrimental impact on the rights of the parties regulated.''
Nat'l Helium Corp. v. Fed. Energy Admin., 569 F.2d 1137, 1146 (Temp.
Emer. Ct. App. 1977); see also Amendment of Subpart S and T of Part 90
of the Rules to Permit Licensing of Channels in the 896-901/935-904 MHz
and 220-222 MHz Bands in the U.S./Mexico Border Area, Order, 7 FCC Rcd
7154, 7154, para. 5 (1992). In this Order, the Commission is
maintaining rules that have been in place for decades without change
and simply make minor, technical amendments--such as deleting
references to the GLA, which will no longer be in effect--to ensure
their continued applicability. The same rules will apply to the same
vessel owners and operators as they have in the past, and therefore,
vessel owners and operators on the Great Lakes will experience no
additional burdens and no effect on their substantive rights or
obligations. In fact, the burdens would increase on vessel owners if
the Commission initiated a notice and comment proceeding that would
continue beyond November 2, 2023, because stakeholder confusion could
ensue about what rules apply when operating on the Great Lakes,
especially in the absence of uniform applicable regulations with Canada
during the pendency of such proceeding, as discussed above.
23. Moreover, given the safety concerns, the Commission finds good
cause to conclude that prior notice and comment would be contrary to
the public interest. The Commission is faced with a potential emergency
situation where serious harm could result if the rules ensuring the
safety of vessels navigating the Great Lakes were suddenly not
applicable and enforceable beginning on November 2, 2023. Good cause
has been found to exist in emergency situations in which a rule
responds to an immediate threat to safety or physical property. As
explained above, these rules were put in place to ensure the safety of
life and property on the Great Lakes and to ensure communications when
vessels are in distress or facing emergency situations, including with
the USCG and their Canadian counterparts. The USCG stresses the
importance of maintaining the requirements beyond November 2, 2023,
particularly because properly placed and operating VHF
radiocommunications not only permits vessels to seek help in
emergencies, but also allows authorities and other vessels in the
vicinity to facilitate the assistance of nearby vessels in distress.
The USCG also notes that there is limited cell phone coverage on the
Great Lakes, making VHF radios the only reliable means to make contact
if vessel is in distress. The Commission, therefore, finds good cause
to forgo notice and comment to ensure, in particular, that these
communications and public safety rules designed to address distress
situations are effective and continue to be applicable to vessels on
the Great Lakes after the effective date of termination of the GLA.
24. Additionally, the Commission had limited time to coordinate a
joint regulatory response to Canada's termination of the GLA, making
public participation impracticable in this case. Good cause has been
found to exist when a rule is necessary, due to circumstances beyond
the agency's control, to avoid or ameliorate expected harm to important
public interests. On November 2, 2022, Canada unilaterally terminated
the GLA in a letter to the U.S. Department of State. Since the date of
Canada's termination letter, the Commission has expended considerable
time and effort in coordinating with the various interested
stakeholders, including the U.S. Department of State, USCG, and Canada,
to determine the appropriate regulatory paradigm going forward. These
events, including the termination of the treaty, were largely beyond
the Commission's control. Once that coordination process was completed,
there was insufficient time for public participation in this rulemaking
proceeding. Doing so would have significantly delayed the Commission's
effort to ensure that there will be rules in place beginning on the
effective date of termination of the GLA. Allowing the GLA to terminate
without having rules in place would not be in the public interest, as
it would endanger public safety, cause commercial harm, and cause
confusion for vessel owners and operators as to what regulations
applied in the Great Lakes.
25. This Order substantively amends only one existing rule by
relaxing the inspection requirement for applicable vessels on the Great
Lakes from once every 13 months to once every 48 months, at the request
of the USCG. As stated above, Canada terminated the GLA because of
concerns about the frequency of a 13-month inspection requirement,
which Canada will replace with a 48-month inspection requirement
currently applicable to inland waterways. If the Commission does not
amend its inspection interval to mirror Canada's interval, then there
will be an inconsistency between Canada's requirement and the United
States's current 13-month requirement. The Commission, therefore, makes
this same change to its rules to maintain uniformity in the inspection
interval rules between the United States and Canada, which will benefit
international relations between the two countries.
26. If the United States and Canada maintain different inspection
requirements, vessel owners and operators could be fined or detained
for unwittingly following the wrong rules when unknowingly crossing
into U.S. or Canadian waters or when entering the other country's port.
Both the USCG and Canadian government have stated that they will fully
enforce their rules. Therefore, as the USCG explains, a vessel
traveling from Cleveland, Ohio to Duluth, Minnesota will pass between
the countries' waters numerous times, potentially resulting in multiple
violations for each transit which could lead to excessive fines or
being detained. Such enforcement actions by the United States and
Canada involving the other country's flagged vessels could harm
commerce by raising prices and halting the transport of goods, travel,
and foreign relations between the countries. The USCG states that
``[i]n the spirit of cooperation with our Canadian counterparts over
the shared coverage of the Great Lakes, we implore that our
requirements are in sync with Canada.'' Letter from Jerry L. Ulcek,
Chief, Spectrum Management and Communications Policy Division,
[[Page 77219]]
USCG, to Scott S. Patrick, Executive Director, Office of Spectrum
Management, NTIA, Attach., at 3 (Sept. 29, 2023). Requiring notice and
comment for this rule change would result in excessive delay and
prevent the maintenance of uniformity and international stability, and
the Commission therefore finds additional good cause to conclude that
following notice-and-comment procedures would be contrary to the public
interest. For these reasons, the Commission also finds that the
amendment to the inspection requirement falls under the foreign affairs
exception for notice and comment procedures.
D. Effective Date
27. For similar reasons, the Commission finds good cause to make
these rules effective immediately upon publication in the Federal
Register. While rules issued by the Commission generally must be
published at least 30 days before they become effective, the APA and
the Commission's rules make an exception for a determination of good
cause published with the rule. Given that the imminent lapse of the GLA
rules on November 2, 2023, would pose a risk to the safety of life and
property on the Great Lakes, it is necessary that the Commission has
these rules adopted and effective prior to the GLA's termination date.
Further, because the Commission is by and large simply retaining rules
that are in existence today, vessels on the Great Lakes should already
be equipped with the requisite VHF radios and meet the other
communications requirements maintained by today's action, and,
therefore, vessel owners and operators do not need time to come into
compliance with these rules.
28. The Commission also concludes that the revised inspection
requirement should likewise become effective immediately upon
publication in the Federal Register. This rule change relieves a burden
on industry by permitting vessels to be inspected every 48 months,
instead of every 13 months. Because this action relieves a restriction,
it is exempt from the requirement that the rule be published for at
least 30 days in the Federal Register before becoming effective.
Further, this rule change ensures that the U.S. and Canadian rules
remain uniform, thereby avoiding a disruption in trade or international
disputes regarding what rules apply to various vessels. To maintain
uniformity, this rule change needs to be effective as of November 2,
2023. As with the retention of the other Great Lakes rules, the only
way to accomplish this is to make this rule effective upon publication
in the Federal Register.
III. Procedural Matters
29. Regulatory Flexibility Act. Because this rule change is being
adopted without notice and comment, the Regulatory Flexibility Act does
not apply.
30. Paperwork Reduction Analysis. This document does not contain
any new or substantively modified information collection requirements
subject to the Paperwork Reduction Act of 1985 (PRA), Public Law 104-
13. In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198. This document may contain non-substantive
modifications to approved information collections. Any such
modifications will be submitted to the Office of Management and Budget
(OMB) for approval pursuant to OMB's non-substantive modification
process.
31. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of this Order to Congress and the Government
Accountability Office, pursuant to 5 U.S.C. 801(a)(1)(A).
IV. Ordering Clauses
32. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 301, 303, and 321 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 303, and 321, this
Order is adopted.
33. It is further ordered that part 0 and part 80 of the
Commission's rules are amended as set forth in Appendix A. These
amendments shall become effective upon publication of this Order in the
Federal Register, pursuant to 5 U.S.C. 553(d)(3) and section 1.427(b)
of the Commission's rules, 47 CFR 1.427(b).
34. It is further ordered that the Office of Management and Budget,
Performance Program Management, shall send a copy of this Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 0
Authority delegations (Government agencies), Organization and
functions (Government agencies).
47 CFR Part 80
Marine safety, Radio, Communications equipment, Great Lakes,
Vessels.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0 and 80 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Amend Sec. 0.131 by revising paragraph (s)(2) to read as follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(s) * * *
(2) Grants emergency exemption requests, extensions or waivers of
inspection to ships in accordance with applicable provisions of the
Communications Act, the Safety Convention, or the Commission's rules.
0
3. Revise Sec. 0.491 to read as follows:
Sec. 0.491 Application for exemption from compulsory ship radio
requirements.
Applications for exemption filed under the provisions of sections
352(b) or 383 of the Communications Act; Regulation 4, chapter I of the
Safety Convention; Regulation 5, chapter IV of the Safety Convention;
or subpart T of Part 80, must be filed as a waiver request using the
procedures specified in Sec. 0.482. Emergency requests must be filed
via the Universal Licensing System or at the Federal Communications
Commission, Office of the Secretary.
PART 80--STATIONS IN THE MARITIME SERVICES
0
4. The authority citation for part 80 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 12 U.S.T.
2377.
0
5. Amend Sec. 80.1 by revising paragraph (a) to read as follows:
Sec. 80.1 Basis and purpose.
* * * * *
[[Page 77220]]
(a) Basis. The rules for the maritime services in this part are
promulgated under the provisions of the Communications Act of 1934, as
amended, which vests authority in the Federal Communications Commission
to regulate radio transmission and to issue licenses for radio
stations. The rules in this part are in accordance with applicable
statutes, international treaties, agreements and recommendations to
which the United States is a party. The most significant of these
documents are listed below with the short title appearing in
parenthesis:
(1) Communications Act of 1934, as amended--(Communications Act).
(2) Communications Satellite Act of 1962, as amended--
(Communications Satellite Act).
(3) International Telecommunication Union Radio Regulations, in
force for the United States--(Radio Regulations).
(4) International Convention for Safety of Life at Sea, 1974, as
amended, and the Annex thereto--(Safety Convention).
(5) Vessel Bridge-to-Bridge Radiotelephone Act--(Bridge-to-Bridge
Act).
* * * * *
0
6. Amend Sec. 80.5 by revising paragraphs (3) and (6) of the
definition of ``Categories of ships'' and revising the definition of
``Great Lakes'' to read as follows:
Sec. 80.5 Definitions.
* * * * *
Categories of ships. * * *
(3) The term passenger carrying vessel, when used in reference to
Part III, Title III of the Communications Act or subpart T of this
part, means any ship transporting more than six passengers for hire.
* * * * *
(6) Compulsory ship. Any ship which is required to be equipped with
radiotelecommunication equipment in order to comply with the radio or
radio-navigation provisions of a treaty, statute, or subpart T of this
part to which the vessel is subject.
* * * * *
Great Lakes. This term means all of Lakes Ontario, Erie, Huron
(including Georgian Bay), Michigan, Superior, their connecting and
tributary waters and the St. Lawrence River as far east as the lower
exit of the St. Lambert Lock at Montreal in the Province of Quebec,
Canada, but does not include any connecting and tributary waters other
than: the St. Marys River, the St. Clair River, Lake St. Clair, the
Detroit River and the Welland Canal.
* * * * *
0
7. Amend Sec. 80.59 by revising paragraphs (a) introductory text,
(a)(1) introductory text, (b), and (c)(1) introductory text to read as
follows:
Sec. 80.59 Compulsory ship inspections.
(a) Inspection of ships subject to part II or III of title III of
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 part II or III of title
III of Communications Act or the Safety Convention.
* * * * *
(b) Inspection and certification of a ship subject to subpart T of
this part. The FCC will not inspect vessels that are subject to subpart
T of this part. An inspection and certification of a ship subject to
subpart T of this part 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, a First Class Radiotelegraph Operator's Certificate, or a
Radiotelegraph Operator License. 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 under this section.
(c) * * *
(1) Applications for exemption from the radio provisions of part II
or III of title III of the Communications Act, the Safety Convention,
or subpart T of this part, or for modification or renewal of an
exemption previously granted must be filed as a waiver request using
FCC Form 605. Waiver requests must include the following information:
* * * * *
0
8. Revise Sec. 80.161 to read as follows:
Sec. 80.161 Operator requirements for subpart T vessels on the Great
Lakes.
Each ship subject to subpart T of this part must have on board an
officer or member of the crew who holds a marine radio operator permit
or higher class license.
0
9. Amend Sec. 80.308 by revising the section heading and paragraph (a)
introductory text to read as follows:
Sec. 80.308 Watch required for subpart T vessels on the Great Lakes.
(a) Each ship of the United States that is equipped with a
radiotelephone station for compliance with subpart T of this part must
when underway keep a watch on:
* * * * *
0
10. Revise Sec. 80.401 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:
BILLING CODE 6712-01-P
[[Page 77221]]
[GRAPHIC] [TIFF OMITTED] TR09NO23.024
BILLING CODE 6712-01-C
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
watch-keeping hours, frequencies and charges, is authorized.
3. Required only if station provides a service to ocean-going
vessels.
4. Certification of a Great Lakes inspection may be made by either
a log entry or issuance of a Great Lakes certificate. The ship's
radiotelephone logs containing entries certifying that a Great Lakes
safety inspection has been conducted must be retained on board and
available for inspection until the next radio inspection.
5. The requirements for having the GMDSS Master Plan, NGA
Publication 117, Admiralty List of Radio Signals or IMO Circ. 7 are
satisfied by having any one of those four documents.
0
11. Amend Sec. 80.409 by revising paragraphs (f)(1) introductory text
and (f)(2) introductory text and paragraph (f)(2)(v) to read as
follows:
Sec. 80.409 Station logs.
* * * * *
(f) * * *
(1) Radiotelephony stations subject to part II or III of title III
of the Communications Act and/or the Safety Convention must record
entries indicated by paragraphs (e)(1) through (13) 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.
* * * * *
[[Page 77222]]
(2) Radiotelephony stations subject to subpart T of this part and
the Bridge-to-Bridge Act must record entries indicated by paragraphs
(e)(1), (3), (5), (6), (7), (8), (10), (11), and (13) 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:
* * * * *
(v) The inspector's signed and dated certification that the vessel
meets the requirements for certain vessels operating in the Great Lakes
and of the Bridge-to-Bridge Act contained in subparts T and U of this
part and has successfully passed the inspection; and
* * * * *
0
12. Amend Sec. 80.411 by revising paragraph (b) to read as follows:
Sec. 80.411 Vessel certification or exemption.
* * * * *
(b) Posting. Part II or III of Title III of the Communications Act,
Safety Convention, and Great Lakes certificates or exemptions must be
posted in a prominent, accessible place in the ship. Ships subject to
subpart T of this part may, in lieu of a posted certificate, certify
compliance in the station log required by Sec. 80.409(f).
0
13. Revise subpart T to read as follows:
Subpart T--Radiotelephone Installation Required for Vessels on the
Great Lakes
Sec.
80.951 Applicability.
80.953 Inspection and certification.
80.955 Radiotelephone installation.
80.956 Required frequencies and uses.
80.957 Principal operating position.
80.959 Radiotelephone transmitter.
80.961 Radiotelephone receiver.
80.963 Main power supply.
80.965 Reserve power supply.
80.967 Antenna system.
80.969 Illumination of operating controls.
Subpart T--Radiotelephone Installation Required for Vessels on the
Great Lakes
Sec. 80.951 Applicability.
The rules in this subpart apply to vessels of all countries when
navigated on the Great Lakes. The Great Lakes are defined as all waters
of Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan,
Superior, their connecting and tributary waters and the River St.
Lawrence as far east as the lower exit of the St. Lambert Lock at
Montreal in the Province of Quebec, Canada, but do not include any
connecting and tributary waters except the St. Marys River, the St.
Clair River, Lake St. Clair, the Detroit River and the Welland Canal. A
vessel that falls into a category specified in paragraph (a), (b), or
(c) of this section and is not excepted by paragraph (d) or (e) of this
section must comply with this subpart while navigated on the Great
Lakes.
(a) Every vessel 20 meters (65 feet) or over in length (measured
from end to end over the deck, exclusive of sheer).
(b) Every vessel engaged in towing another vessel or floating
object, except:
(1) Where the maximum length of the towing vessel, measured from
end to end over the deck exclusive of sheer, is less than 8 meters (26
feet) and the length or breadth of the tow, exclusive of the towing
line, is less than 20 meters (65 feet);
(2) Where the vessel towed complies with this subpart;
(3) Where the towing vessel and tow are located within a booming
ground (an area in which logs are confined); or
(4) Where the tow has been undertaken in an emergency and neither
the towing vessel nor the tow can comply with this part
(c) Any vessel carrying more than six passengers for hire.
(d) The requirements of this subpart do not apply to:
(1) Ships of war and troop ships;
(2) Vessels owned and operated by any national government and not
engaged in trade.
(e) The Commission may if it considers that the conditions of the
voyage or voyages affecting safety (including but not necessarily
limited to the regularity, frequency and nature of the voyages, or
other circumstances) are such as to render full application of the
rules of this subpart unreasonable or unnecessary, exempt partially,
conditionally or completely, any individual vessel for one or more
voyages or for any period of time not exceeding one year.
Sec. 80.953 Inspection and certification.
(a) Each U.S. flag vessel subject to this subpart must have an
inspection of the required radiotelephone installation at least once
every 48 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 this
subpart must be made by a technician holding one of the following: a
General Radiotelephone Operator License, a GMDSS Radio Maintainer's
License, a Radiotelegraph Operator 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 contained in this subpart and the Bridge-to-
Bridge Act contained in subpart 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) of this section was
satisfactory.
(d) The ship's radiotelephone logs containing entries certifying
that a Great Lakes safety inspection has been conducted must be
retained on board and available for inspection until the next radio
inspection.
Sec. 80.955 Radiotelephone installation.
(a) Each U.S. flag vessel of less than 38 meters (124 feet) in
length while subject to this subpart must have a radiotelephone meeting
the provisions of this subpart in addition to the other rules in this
part governing ship stations using telephony.
(b) Each U.S. flag vessel of 38 meters (124 feet) or more in length
while subject to this subpart must have a minimum of two VHF
radiotelephone installations in operating condition meeting the
provisions of this subpart. The second VHF installation must be
electrically separate from the first VHF installation. However, both
may be connected to the main power supply provided one installation can
be operated from a separate power supply located as high as practicable
on the vessel.
(c) This paragraph does not require or prohibit the use of other
frequencies for use by the same ``radiotelephone installation'' for
communication authorized by this part.
Sec. 80.956 Required frequencies and uses.
(a) Each VHF radiotelephone installation must be capable of
transmitting and receiving G3E emission as follows:
(1) Channel 16--156.800 MHz--Distress, Safety and Calling; and
(2) Channel 6--156.300 MHz--Primary intership.
[[Page 77223]]
(b) The radiotelephone station must have additional frequencies as
follows:
(1) Those ship movement frequencies appropriate to the vessel's
area of operation: Channel 11--156.550 MHz, Channel 12--156.600 MHz, or
Channel 14--156.700 MHz.
(2) The navigational bridge-to-bridge frequency, 156.650 MHz
(channel 13).
(3) Such other frequencies as required for the vessel's service.
(4) One channel for receiving marine navigational warnings for the
area of operation.
(c) Every radiotelephone station must include one or more
transmitters, one or more receivers, one or more sources of energy and
associated antennas and control equipment. The radiotelephone station,
exclusive of the antennas and source of energy, must be located as high
as practicable on the vessel, preferably on the bridge, and protected
from water, temperature, and electrical and mechanical noise.
Sec. 80.957 Principal operating position.
(a) The principal operating position of the radiotelephone
installation must be on the bridge, convenient to the conning position.
(b) When the radiotelephone station is not located on the bridge,
operational control of the equipment must be provided at the location
of the radiotelephone station and at the bridge operating position.
Complete control of the equipment at the bridge operating position must
be provided.
Sec. 80.959 Radiotelephone transmitter.
(a) The transmitter must be capable of transmission of G3E emission
on the required frequencies.
(b) The transmitter must deliver a carrier power of between 10
watts and 25 watts into 50 ohms nominal resistance when operated with
its rated supply voltage. The transmitter must be capable of readily
reducing the carrier power to one watt or less.
(c) To demonstrate the capability of the transmitter, measurements
of primary supply voltage and transmitter output power must be made
with the equipment operating on the vessel's main power supply, as
follows:
(1) The primary supply voltage measured at the power input
terminals to the transmitter terminated in a matching artificial load,
must be measured at the end of 10 minutes of continuous operation of
the transmitter at its rated power output.
(2) The primary supply voltage, measured in accordance with the
procedures of this paragraph, must be not less than 11.5 volts.
(3) The transmitter at full output power measured in accordance
with the procedure of this paragraph must not be less than 10 watts.
Sec. 80.961 Radiotelephone receiver.
(a) The receiver must be capable of reception of G3E emission on
the required frequencies.
(b) The receiver must have a sensitivity of at least 2 microvolts
across 50 ohms for a 20 decibel signal-to-noise ratio.
Sec. 80.963 Main power supply.
(a) A main power supply must be available at all times while the
vessel is subject to the requirements of this subpart.
(b) Means must be provided for charging any batteries used as a
source of energy. A device which during charging of the batteries gives
a continuous indication of charging current must be provided.
Sec. 80.965 Reserve power supply.
(a) Each passenger vessel of more than 100 gross tons and each
cargo vessel of more than 300 gross tons must be provided with a
reserve power supply independent of the vessel's normal electrical
system and capable of energizing the radiotelephone installation and
illuminating the operating controls at the principal operating position
for at least 2 continuous hours under normal operating conditions. When
meeting this 2-hour requirement, such reserve power supply must be
located on the bridge level or at least one deck above the vessel's
main deck.
(b) Instead of the independent power supply specified in paragraph
(a) of this section, the vessel may be provided with an auxiliary
radiotelephone installation having a power source independent of the
vessel's normal electrical system. Any such installation must comply
with Sec. Sec. 80.955, 80.956, 80.957, 80.959, 80.961, 80.969 and
80.971, as well as the general technical standards contained in this
part. Additionally, the power supply for any such auxiliary
radiotelephone must be a ``reserve power supply'' for the purposes of
paragraphs (c), (d) and (e) of this section.
(c) Means must be provided for adequately charging any batteries
used as a reserve power supply for the required radiotelephone
installation. A device must be provided which, during charging of the
batteries, gives a continuous indication of charging.
(d) The reserve power supply must be available within one minute.
(e) The station licensee, when directed by the Commission, must
prove by demonstration as prescribed in paragraphs (e)(1), (2), (3),
and (4) of this section that the reserve power supply is capable of
meeting the requirements of paragraph (a) of this section as follows:
(1) When the reserve power supply includes a battery, proof of the
ability of the battery to operate continuously for the required time
must be established by a discharge test over the required time, when
supplying power at the voltage required for normal operation to an
electric load as prescribed by paragraph (e)(3) of this section.
(2) When the reserve power supply includes an engine driven
generator, proof of the adequacy of the engine fuel supply to operate
the unit continuously for the required time may be established by using
as a basis the fuel consumption during a continuous period of one hour
when supplying power, at the voltage required for normal operation, to
an electrical load as prescribed by paragraph (e)(3) of this section.
(3) For the purposes of determining the electrical load to be
supplied, the following formula must be used:
(i) One-half of the current of the radiotelephone while
transmitting at its rated output, plus one-half the current while not
transmitting; plus
(ii) Current of the required receiver; plus
(iii) Current of the source of illumination provided for the
operating controls prescribed by Sec. 80.969; plus
(iv) The sum of the currents of all other loads to which the
reserve power supply may provide power in time of emergency or
distress.
(4) At the conclusion of the test specified in paragraphs (e)(1)
and (2) of this section, no part of the reserve power supply must have
excessive temperature rise, nor must the specific gravity or voltage of
any battery be below the 90 percent discharge point.
Sec. 80.967 Antenna system.
The antenna must be omnidirectional, vertically polarized and
located as high as practicable on the masts or superstructure of the
vessel.
Sec. 80.969 Illumination of operating controls.
(a) The radiotelephone must have dial lights which illuminate the
operating controls at the principal operating position.
(b) Instead of dial lights, a light from an electric lamp may be
provided to illuminate the operating controls of the radiotelephone at
the principal operating position. If a reserve power supply is
required, arrangements must permit the use of that power supply for
illumination within one minute.
[[Page 77224]]
Sec. 80.971 Test of radiotelephone installation.
At least once during each calendar day a vessel subject to this
subpart must test communications on 156.800 MHz to demonstrate that the
radiotelephone installation is in proper operating condition unless the
normal daily use of the equipment demonstrates that this installation
is in proper operating condition. If equipment is not in operating
condition, the master must have it restored to effective operation as
soon as possible.
0
14. Revise Sec. 80.1005 to read as follows:
Sec. 80.1005 Inspection of station.
The bridge-to-bridge radiotelephone station will be inspected on
vessels subject to regular inspections pursuant to the requirements of
Parts II and III of Title III of the Communications Act, the Safety
Convention, or subpart T of this part at the time of the regular
inspection. If after such inspection, the Commission determines that
the Bridge-to-Bridge Act, the rules of the Commission and the station
license are met, an endorsement will be made on the appropriate
document. The validity of the endorsement will run concurrently with
the period of the regular inspection. Each vessel must carry a
certificate with a valid endorsement while subject to the Bridge-to-
Bridge Act. All other bridge-to-bridge stations will be inspected from
time-to-time. An inspection of the bridge-to-bridge station on a vessel
subject to subpart T of this part must normally be made at the same
time as the inspection required under subpart T of this part and must
be conducted by a technician holding one of the following: a General
Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a
Radiotelegraph Operator 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).
0
15. Amend Sec. 80.1065 by revising paragraph (b) to read as follows:
Sec. 80.1065 Applicability.
* * * * *
(b) The requirements of this subpart do not modify the requirements
for ships navigated on the Great Lakes or small passenger boats. The
requirements contained in subpart T of this part continue to apply. The
requirements contained in part III of title III of the Communications
Act continue to apply (see subpart S of this part).
* * * * *
[FR Doc. 2023-24678 Filed 11-8-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.