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 P6QXP .S7UC2,|XU4  pQXT5PC2,3XP*f9 xQXX l6RC2,Ri=XR9 xyQXHP LaserJet 4/4Mm 728 LPT2HPLAS4.WRS 4x  @,,$5\X@2@ P ZR@32zG S- X   ( S- #&J\  P6Q&P#Federal Communications Commission`(#FCC 9875 ă  yx}dddy (ՊOg Before the Federal Communications Commission  S-&>Washington, D.C. 20554 ă  S4-In the Matter of#&J\  P6Q&P#) )  S-Amendment of the Commission's Rules)CI Docket No. 9555 Concerning the Inspection of Radio) Installations on Large Cargo and Small) Passenger Ships)  S -C! REPORT AND ORDER \  S -X` hp x (#%'0*,.8135@8: ,l(l(,,"  S- d(#jwith a mandate to conserve resources and to provide more efficient and better service to our customers.L | Sh-ԍId. at  14.L  d(#Further, we noted that the 1996 Telecommunications Act did not change the requirement in the  d(#Communications Act that U. S. cargo ships and certain passenger ships must have an annual inspection  d(# of the ship's radio installation and the Commission has no authority to change that requirement. We  d(#concluded that it is still the Commission's statutorilymandated responsibility to ensure that a ship's radio  d(#installation is fully operational at the time of inspection and, thus, capable of transmitting and receiving  d(#jdistress messages. We therefore proposed to require that the inspection of all ship radio stations subject  S-to the Communications Act or the Safety Convention be inspected by an FCClicensed technician.F j| S -ԍId. at  16.F   S5-  7.` `  Because of our concern that relying on the use of the private sector not derogate marine  d(#safety, and that the Commission is ultimately responsible for guaranteeing that an inspection of a ship's  d(#radio station meets the requirements of the Communications Act and the Safety Convention, we requested  d(#specific comments about our proposals regarding three general areas; qualifications of FCClicensed  d(#technicians, contracts for small passenger vessels, and Commission oversight of private sector ship  S7 -inspections.L7 | S-ԍId.at  1618.L  S - A.` ` Qualifications of FCClicensed technicians.  Sk-   ` pX` hp x (#%'0*,.8135@8:hx S-ԍPVA reply comments at 2.I Additionally, PVA states that vessel  d(#operators are dealing with equipment that is not susceptible to the kinds of problems for which onsite  S4-inspections were originally established.:?4x S-ԍId.:  S- v n25. Decision. We will not require small passenger vessels to enter into a contract with the  d(#Commission to arrange for an inspection. We agree with PVA's reply that the FCC inspection procedure  Si- d(#relies on vessel operators to repair or replace defective equipment.:@ix S -ԍId.: We note that Commission inspectors  S6- d(#conduct an extensive inspection of the ship's radio installation at the time of inspection and have relied  d(#on the vessel operator maintaining the ship's radio installation in the same condition during the period that  d(#the Certificate is valid. We agree, however, with the Coast Guard's concerns regarding small passenger  d(#{vessel safety. Therefore, as with the inspection of cargo vessels, we will require two independent  d(#certifications that a ship has passed the inspection: one certification from the inspecting technician that  d(#the vessel has passed an inspection and another certification from the vessel owner, operator, or ship's master indicating that he or she is satisfied that the inspection was satisfactory.  S - C.` ` Other.   S8- `26.` ` Compliance. In informal comments, field agents and representatives from the maritime  S- d(#community{A`Lx S-ԍComments and questions regarding compliance were raised at the annual assembly meeting of the Radio Technical Commission for Maritime Services held in St. Petersburg, Florida April 28 to May 2, 1997, and at the annual assembly meeting of the National Marine Electronics Association held in Las Vegas, Nevada September 2730, 1997.{ have requested clarification regarding the procedure to follow in the event a compulsory ship  d(#fails an inspection. For example, can the owners of a ship that fails an inspection simply hire another  d(#inspector? Should the private sector inspector be required to notify the Commission that a vessel has  d(#failed an inspection? The Commission's Rules have not previously contained specific rules addressing  d(#what to do if a ship fails an inspection. There are two reasons for this: 1) the inspections were conducted  d(#by Commission employees; and, 2) cargo and passenger ships are prohibited from leaving port unless they  S-are equipped with an operational radio installation.Bt x S!-ԍSee Sections 351(a)(1) and 381 of the Communications Act, 47 U.S.C.  351(a)(1), 381.   Sn-  27.` ` We agree, however, that it is necessary to ensure that the radio installation is operational  d(#and has passed an inspection. As noted above, we are adopting rules that require the inspecting technician  d(#Mto make log entries when the ship passes an inspection. We are, additionally, adopting rules that: 1)  d(#require the inspecting technician to make an entry in the ship's log noting that the ship has failed the  d(#inspection; and, 2) require the inspecting technician to notify the ship's master, operator or owner that the" B,l(l(,,z"  d(#ship has failed the inspection. Further, we note that the Communications Act requires vessels to have an  d(#operational radio installation prior to leaving port, and are thus prohibited from leaving port until the ship  S- d(#passes an inspection.Cx S-ԍSee Sections 351 and 381 of the Communications Act, 47 U.S.C.  351, 381. Ship owners may use different inspectors, but must ensure that the ship has an  d(#Loperational radio installation prior to leaving port. Commission investigators will review these ship logs  d(#during random inspections. Further, the Coast Guard checks for a valid safety certificate during its  d(#inspection of such vessels. We believe that these steps will ensure compliance with the Commission's  d(#requirements. However, because such inspections are intended to ensure the availability of  d(#communications capability during a distress situation we have taken two additional steps: 1) the FCC's  d(#!national call center (NCC) will forward any reports of fraudulent inspections or violations of the  d(#xCommunications Act or the Commission's Rules related to ship inspections directly to the appropriate FCC  d(#lfield office; 2) we are amending the rules to provide a warning that we will vigorously enforce this  d(#=requirement. We decline, at this time, to require the technician to notify the Commission that a ship has failed the inspection.  S6 - 28.` ` Ship overtime and application for ship inspection. The Communications Act and  d(#\Commission's rules contain instructions regarding the payment of ship overtime and the Commission  S - d(#kmaintains a form, Form 808, detailing the payment of such overtime.D jx S-ԍSee, respectively, section 80.59(e) of the Commission's Rules, 47 C.F.R.  80.59(e), and section 4(f)(3) of the Communications Act, 47 U.S.C.  154(f)(3). Because it is unlikely that the  d(#Commission will be conducting random ship inspections at times other than normal working hours, we  Sk- d(#are eliminating references to this form in the rules. Additionally, the Commission's rules contain  d(#jinstructions regarding the procedure to follow when requesting the Commission to inspect a ship and the  d(#Commission maintains a form, Form 801, detailing the procedure for requesting an inspection. Because  d(#it is unlikely that Commission will be conducting ship inspections, other than random ship inspections,  S-we are eliminating this section of the rules and the form.Ex S#-ԍSee, section 80.59(a) of the Commission's Rules, 47 C.F.R.  80.59(a).  S9- 29.` ` 3'3'Standard3'3'Current Windows FormS4C\ ڰX Waiver of Communications Act certification. The Communications Act requires that U.  d(#0S. ships subject to the inspection requirements of the Communications Act must have their radio  S- d(#installation inspected annually by the Commission or an entity designated by the Commission.FX6 S-ԍSee Section 362(b) of the Communications Act, 47 U.S.C.  360(b). Section  d(#z362 previously, did not provide relief from this inspection requirement for ships engaged on extended  d(#yinternational voyages. This section also previously authorized the Commission to waive the inspection  d(#jfor a period not to exceed thirty days from the time a ship first arrives at a U.S. port from a foreign port.  d(#\The Commission granted such waivers for the sole purpose of enabling a ship to proceed from a port  d(#Lwhere there were no available inspectors to another U.S. port where the inspection could be held. In the  d(#Telecommunications Act of 1996, Congress provided relief from the inspection requirement for U. S. ships  d(#that operate on extended voyages outside the jurisdiction of the U. S. and have a Safety Convention  d(#inspection. Congress additionally extended the period of time that the Commission can extend the  S -Communications Act certification to 90 days.lG (X6 S%-ԍ Pub. L. No. 104104, 110 Stat. 56 (1996) (The "1996 Act").l " G,l(l(,,"Ԍ S- 30.` ` We have incorporated these amendments into our rules. The amendments permit the  d(#Commission to grant a ninety day waiver of the annual inspection requirement to ships traveling from one  d(#LU.S. port to another or operating in remote ports when Commission inspectors or entities designated by  d(#the Commission are not able to inspect the vessel, and waive the annual inspection entirely for a U.S.  d(#vessel that operates in waters outside the jurisdiction of the U.S. if the vessel complies with the Safety  d(#Convention. Currently, U.S. vessels that operate in foreign trade and comply with the Safety Convention  d(#yrequirements for radio equipment but do not return to the U.S. within 12 months are unable to obtain the annual Commission inspection required under the existing section of the Act.  S-L IV. CONCLUSION Đ\  S - ~31. ` ` We believe that an essential component of effective government is to preserve maritime  d(#0safety while being responsive to user needs. Thus, we adopt rules in this proceeding to promote  d(#flexibility, to improve our inspection process by increasing the number of experienced entities available  d(#jto inspect ship radio stations and permitting ship owners and operators to arrange for inspections at any  d(#time or place and, most importantly, to ensure that vessel safety is not adversely affected by these  d(#ychanges. We believe that it is both necessary and timely to change the policies, rules and procedures that the Commission uses to regulate the inspection of ship radio stations.   S-` ` hhC / V. PROCEDURAL MATTERS ă  Sk- 32.` ` Section 1.412(c) of the Commission's Rules, 47 C.F.R.  1.412(c), provides that rule  d(#ychanges may be adopted without prior notice where the Commission for good cause finds that notice and  d(#comment procedures are unnecessary and contrary to the public interest, so long as the basis for the good  d(#cause finding is published with the rule changes. Section 1.412(c) of the Rules reflects the requirements contained in the Administrative Procedure Act (APA), 5 U.S.C.  553(b)(B).  S9-   33.` ` We find that a notice and comment rulemaking proceeding in the matter of amending the  d(#requirement that U.S. vessels arrange for an inspection by the FCC or an entity designated by the FCC  d(#while on extended international voyages is unnecessary and would be contrary to the public interest. This  d(#{change to our rules merely eliminates an unnecessary, duplicative radio inspection requirement for  d(#compulsory vessels, as mandated by Congress in a recent amendment to the Communications Act. As  d(#jnoted in the discussion above, the safety of a U.S. ship will not be compromised by this rule amendment  d(#and will remove a purely bureaucratic requirement. Further, this rule amendment does not constitute a  d(#burden to compulsory vessels, nor does it add to the burdens already imposed by the Commission.  d(#>Accordingly, we conclude that, in accordance with the APA, these changes may be adopted without notice and comment.  S - #!34.` `  PROC  PROCED Paperwork Reduction Act of 1995 Analysis. The requirements proposed in the Notice and  d(#adopted in the Report and Order have been analyzed with respect to the Paperwork Reduction Act of  d(#1995 (the "1995 Act") and found to impose new or modified information collection requirements on the  d(#[public. Implementation of any new or modified requirement will be subject to approval by the Office of  d(#Management and Budget ("OMB") as prescribed by the 1995 Act. The Commission as part of its  d(#continuing effort to reduce paperwork burdens, invites the general public and OMB to comment on the  S$- d(#Ninformation collections contained in this Report and Order as required by the 1995 Act.DH$X6 S?'-ԍPub. L. No. 10413.D OMB"$hH,l(l(,,n("  d(#/comments are due 60 days from date of publication of this Report and Order in the Federal Register.  d(#Comments should address (1) whether the proposed collection of information is necessary for the proper  d(#performance of the functions of the Commission, including whether the information shall have practical  d(#utility; (2) the accuracy of the Commission's burden estimates; (3) ways to enhance the quality, utility,  d(#and clarity of the information collected; and (4) ways to minimize the burden of the collection of  d(#information on the respondents, including the use of automated collection techniques or other forms of information technology.  Sh- "35.` ` Written comment by the public on the proposed and/or modified information collections  d(#are due on or before 30 days after publication of the Report and Order in the Federal Register. Written  d(#.comments must be submitted by the Office of Management and Budget (OMB) on the proposed and/or  d(#modified information collections on or before 60 days after publication of the Second Report and Order  d(#[in the Federal Register. A copy of any comments on the information collections contained herein should  d(#be submitted to Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, N.W.,  d(#Washington, DC 20554, or via the Internet to jboley@fcc.gov and to Timothy Fain, OMB Desk Officer,  d(#10236 NEOB, 72517th Street, N.W., Washington, DC 20503 or via the Internet to fain_t@al.eop.gov.  d(#[For additional information concerning the information collections contained herein contact Judy Boley at 2024180214 or via the Internet at jboley@fcc.gov.  S7- `#36.` ` The analysis pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. Section 608, is contained in Appendix B.   S- א Sk-8 VI. ORDERING CLAUSES \  S- n$37.` `  ORDKLS ORDERKLAWSAccordingly, IT IS ORDERED, pursuant to the authority contained in Sections 1, 4(i) and  d(#(o), 303 (r), 624 (g), and 706 of the Communications Act of 1934, as amended, 47 U.S. C. Sections 151,  d(#>154(i) and (o), 303 (r), 544 (g), and 606, that Parts 0, 1 and 80 of the Commission's Rules, 47 C.F.R. Parts 0, 1 and 80, ARE AMENDED as set forth in ATTACHMENT C.  S-  %38. ` ` IT IS FURTHER ORDERED that the provisions in this Report and Order will be effective 30 days after publication in the FEDERAL REGISTER.  Sm-  o&39.` ` IT IS FURTHER ORDERED that a copy of this Report and Order shall be sent to the United States Coast Guard. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqMagalie Roman Salas ` `  hhCqSecretary Attachments"<#H,l(l(,,&"  S- RATTACHMENT A ă  S-Commenters   S4-1)` ` American Radio Association (ARA)  S-2)` ` Stanley Blumenthal (Blumenthal)  S-3)` ` United States Coast Guard (Coast Guard)  S-4)` ` Energy Transportation Corporation (ETC)  Sh-5)` ` Golden Gate Fishermen's Association (GGFA)  S5-6)` ` John D. Hungerford/Clint Scott Jr. (Hungerford/Scott)  S-7)` ` Mackay Marine (Mackay)  S-8)` ` National Party Boat Owners Alliance, Inc. (NPBOA)  S -9)` ` National Marine Electronics Association (NMEA)  Si -10)` ` Paradise Cruise, Ltd. (Paradise)  S6 -11)` ` Passenger Vessel Association (PVA)  S -12)` ` The Honorable Jim Saxton, United States Congressman  S -13)` ` Raymond W. Blackford (Blackford)  S -14)` ` SeaLand Service, Inc. (SeaLand)  Sj-15)` ` Sportfishing Association of California (SAC)  S7-16)` ` Gerhard J. Straub, P.E. (Straub)  S-17)` ` Westport Charterboat Association (Westport)  S-18)` ` AAT Communications Systems Corporation  S-19)` ` American Institute of Merchant Shipping (AIMS)   S-Reply Comments  S-1)` ` Passenger Vessel Association  Sl- 2)` ` United States Chamber of Shipping (USCS) formerly known as the American Institute of Shipping (AIMS)(#` "9H,l(l(,,}"  S-R ATTACHMENT B ă  S- à  Sg-  FINAL REGULATORY FLEXIBILITY ANALYSIS \ 1. 1 i.(1)(a)(i) 1) a)' 1 A. 1. a.(1)(a) i) a) 1 A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)  S-   1. a. i.(1)(a)(i) 1) a) 1. 1 i.(1)(a)(i) 1) a)1.` ` As required by Section 603 of the Regulatory Flexibility Act, 5 U.S.C.  603 (RFA), an  S- d(#.Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rule Making  S- d(#(Notice) in this proceeding. The Commission sought written public comments on the proposals in the  Sj- d(#Notice including the IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA) in this  d(#Report and Order conforms to the RFA, as amended by the Contract With America Advancement Act of  S- d(#y1996 (CWAAA), Pub. L. No. 104121, 110 Stat. 847 (1996).IX6 Sm -ԍSubtitle II of the CWAAA is "The Small Business Regulatory Enforcement Fairness Act of  SE -1996" (SBREFA), codified at 5 U.S.C.  601 et seq. No commenters addressed the proposals in the Initial Regulatory Flexibility Act Analysis.  Sl - I.` ` Need For and Purpose of this Action:  S9 -  S - 2.` ` This proceeding was initiated to incorporate changes to the Communications Act related  d(#Kto the inspection of ships, to explore ways to improve the Commission's ship inspection process, to reduce  d(#administrative burdens on the public and the Commission, and to ensure that vessel safety is not adversely  d(#affected. Currently, the Commission inspects the radio installations of approximately 1,100 vessels each  d(#/year. The adopted rules will replace the requirement that the Commission inspect such ships with a  d(#requirement that ship owners or operators arrange for an inspection by an FCClicensed technician. These changes will result in the following benefits: X Increase the number of experienced entities available to inspect the radio stations of ships. (# X Permit ship owners and operators to arrange for inspections at any time or place.(#  S- v |X Privatization should not adversely affect safety. We are adopting rules that will require two  v }separate certifications that the ship has passed the safety inspection. Additionally, we are  v incorporating the suggestions of the U. S. Coast Guard to continue to inspect a sample of U. S. ships.(#   v  It will also decrease administrative burdens on the Commission by shifting the responsibility to arrange ship inspections from the Commission to ship owners or operators. "=BI,l(l(,,"  S-  II.` ` Summary of Issues Raised by the Public Comments in Response to the Initial  S-Regulatory Flexibility Analysis (IRFA):  Sg-  23.` ` No comments were filed in direct response to the IRFA. Several commenters argued that  d(#the Commission's minimum licensing requirements were not sufficient to ensure that individual ship  d(#inspectors can be considered qualified. Comments by the American Radio Association (ARA), a labor  d(#]organization representing radio officers, were typical. ARA stated that while some FCClicensed  d(#technicians have the competency to conduct shipboard inspections their expertise has been developed  Sh- d(#through onthejob training and other experience.`JhX6 S-ԍAmerican Radio Association (ARA) comments at 3.` ARA contends that the FCC license cannot be used  d(#as a measure of competence because there is no current requirement that a licensee's knowledge is tested  S- d(#.and assessed by practical demonstration in order to obtain an FCC radio (GMDSS) maintainer license.;KhX6 S -ԍId. ;  Si - o4.` ` The comments of the American Institute of Merchant Shipping, now the United States  d(#jChamber of Shipping (USCS), were typical of the comments supporting privatization. USCS contends  d(#that the proposed changes will increase the number of experienced entities available to conduct inspections  S - d(#\and will allow it increased flexibility in arranging inspections.:L X6 Sz-ԍId.: USCS also states that the Masters of  d(#jships that it represents will ensure that GMDSS equipment will operate safely before leaving every port  Sj- d(#jand that it is, thus, appropriate that the Master should certify the completion of the annual inspection.:MjX6 S-ԍId.:  d(#kUSCS noted that the shipowner is the final inspector whether the equipment has been inspected by a  S- d(#GMDSS maintainer, installed by a vendor, looked at by a radio officer or even inspected by the FCC.:NNX6 S-ԍId.:  Sk-  5.` ` In general comments, the United States Coast Guard (Coast Guard)OkX6 S-ԍThe Commission requested comments from the Coast Guard in this proceeding because of the Coast Guard's lead in maritime safety. stated that it fully  d(#[supports the Commission's efforts to streamline government regulation and reduce the regulatory burden  d(#kon the maritime industry wherever these efforts are consistent with the maintenance of a high level of  S- d(#safety.gPh X6 S!-ԍUnited States Coast Guard (Coast Guard) comments at 1.g The Coast Guard noted that it has undertaken a similar delegation for some of its commercial  d(#ship inspectionsthe alternative compliance program (ACP)and asked that the Commission give due  Sl- d(#consideration to aligning its delegation approach to that chosen by the Coast Guard.:Ql X6 S%-ԍId.: Additionally, the  S9-Coast Guard recommended that the Commission phasein its proposed delegation.:R9X6 S'-ԍId.: "9LR,l(l(,,"Ԍ S- ԙ6.` ` The Coast Guard also provided specific comments to questions raised in the Notice.JSX6 Sh-ԍId. at Enclosure 1.J  d(#With respect to the qualifications of FCClicensed technicians, the Coast Guard stated that while it  d(#supports the minimum licensing requirements proposed it does not appear the prerequisite for licensing  d(#incorporates any training or demonstration of qualifications in the actual conduct of safety inspections or  S5- d(#in the skills necessary to maintain or operate the equipment.:T5jX6 S?-ԍId.: The Coast Guard recommended that the  d(#demonstration of the application of technical knowledge and the attainment and maintenance of inspector  S-qualifications should be closely controlled by the FCC.:U X6 S{ -ԍId.:  Si- III.` ` Description and Estimate of Number of Small Businesses to Which Rules Will Apply:  S6-  S-  7.` ` The RFA generally defines "small entity" as having the same meaning as the terms "small  d(#jbusiness", "small organization", and "small governmental jurisdiction" and "the same meaning as the term  d(#M'small business concern' under the Small Business Act" unless the Commission has developed one or  Sj - d(#more definitions that are appropriate for its activities. 15 U.S.C. 632.UVj X6 S-ԍRegulatory Flexibility Act (RFA), 5 U.S.C.  601(3)(1980) (incorporating by reference the definition of "small business concern" in 5 U.S.C.  632). Pursuant to 5 U.S.C.  601(3), the statutory definition of a small business applies "unless an agency after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register."U A small business concern is one  d(#Mwhich: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3)  S - d(#zsatisfies any additional criteria established by the Small Business Administration (SBA)._W X6 S*-ԍSmall Business Act, 15 U.S.C.  632 (1996)._ The Small  d(#Business Enforcement Act of 1996 (SBREFA) provision of the RFA also applies to nonprofit  d(#<organizations and to governmental organizations such as governments of cities, counties, towns, townships,  Sk-villages, school districts, or special districts with populations of less than 50,000.Xdk& X6 S1-ԍSmall Business Enforcement Fairness Act (SBREFA), 15 U.S.C.  601(5). For example, there are 85,006 governmental entities in the United States of which 37,566 have populations of less than  S-50,000. United States Dept. of Commerce, Bureau of the Census, 1992 Census of Governments (1992  S-Census).  S- #8. ` ` Based on our most recent information, we estimate that there are approximately 400 large  d(#cargo ships and 180 small passenger vessels subject to the radio carriage requirements of the  d(#Communications Act and the Safety Convention and approximately 3150 small passenger vessels that are  Sl- d(#subject only to the Communications Act.)YlRX6 S^%-ԍIt should be noted that there are approximately 3,150 small passenger vessels required to have an inspection every five years. The Commission's field offices have scheduled inspections to arrange for an average of 630 ship inspections each year. ) Based on available data, we believe that all of the cargo"lY,l(l(,,"  d(#vessels are owned by large businesses such as, oil companies, freight transport companies, etc. whose  d(#employment and annual receipts exceed the SBA definition of small business. Additionally, we believe  d(#that most of the 3,330 small passenger vessels are owned and operated by small business entitiesthe  d(#]Commission does not keep records of the size of businesses that operate small passenger vessels.  d(#{Although we do not have any statistics to base our estimate on, we rely on the anecdotal evidence  d(#provided by the Commission's field staff that most small passenger vessels are owned and operated by  d(#[small businesses with fewer than 500 employees and that small companies own approximately five such vessels. There are, thus, approximately 666 small businesses to which the new rules will apply.   S5-   IV.` ` Description of Projected Reporting, Recordkeeping and Other Compliance  S-Requirements:  S - B9.` ` U. S. ships subject to the Communications Act or the Safety Convention are currently  Si - d(#>required to keep station logs and to, inter alia, make entries in those logs regarding watchkeeping and  d(#Nsafety related communications. Such ships are also required to post a copy of a safety certificate  d(# providing evidence that the ship has been inspected and meets all of the relevant requirements. This  d(#kReport and Order requires: 1) that the inspecting technician issue a safety certificate; and, 2) that the  d(#jinspecting technician and the ship's owner, operator, or the ship's master certify in the ship's log that the  d(#yship has passed an inspection. It also requires the inspecting technician to make a log entry that the ship has not passed an inspection.   S-  V.` ` Significant Alternatives and Steps Taken by Agency to Minimize Significant Economic Impact on a Substantial Number of Small Entities Consistent with Stated Objectives:  Sl-  S9-  10.` ` When we began this proceeding we noted that the Commission's primary objective is  d(#[ensuring safety of life and property at sea. However, because the Commission has closed several offices  d(#that conduct ship inspections, we note that ship operators could be better served by the private sector as  d(#zan alternative to Commission employees conducting inspections. The Commission noted that marine  d(# service companies currently provide technicians that conduct preinspections of radio installations in conjunction with Commission inspectors and repair any malfunctions found during the inspection.  S- C 11.` ` The Commission is adopting rules that will require ship operators to arrange for an  d(#inspection by an FCClicensed technician in lieu of FCC inspectors. This rule amendment should provide  d(#more inspectors to conduct such inspections than the Commission currently has and will, thus, provide  d(#.competition to ship inspection service providers and reduce the costs to ship operators while increasing  d(#the availability of inspectors. It will, additionally, provide better access to ship inspectors at remote ports  d(#.where the Commission does not have offices and provide ship operators with more flexibility to arrange for inspections of ships through increased numbers of private sector organizations.  S<-  12.` ` The Commission rejected requiring small passenger vessel operatorsthe only small  d(#Nentities affected by this proceedingto enter into a contract with an inspection company as being  d(#unnecessary and too bureaucratic. The Commission rejected the possibility of continuing to inspect such  d(#?vessels itself as being too onerous and not in the public interest. We believe that owners of small  d(#passenger vessels will benefit from competition amongst companies providing ship inspection services.  d(#The Commission charges a flat fee of $390 per vessel to inspect small passenger vessels irrespective of  d(#Lwhether the inspection takes 15 minutes or 15 hours, or whether there is only one vessel or six. Private  d(#sector companies will be able to discount multiple inspections and charge an hourly rate for ship inspections. "q&Y,l(l(,,0*"Ԍ S- \ VI.` ` Commission's Outreach Efforts to Learn of and Respond to the Views of Small  S-entities pursuant to SBREFA 5 U.S.C. 609:  Sg- d(# Report to Congress : The Commission shall send a copy of this Final Regulatory Flexibility Analysis,  d(#Malong with this Report and Order, in a report to Congress pursuant to the Small Business Regulatory  d(#Enforcement Act of 1996, 5 U.S.C.  801(a)(1)(A). A copy of the FRFA will also be published in the Federal Register."Y,l(l(,,F"  S- 1. 1 i.(1)(a)(i) 1) a) 1 1 1. a.(1)(a) i) a)X` hp x (#%'0*,.8135@8:documents, or log entries made by the holder of an FCC license or Certificatedetailed in  80.59as  d(#certification that a U.S. vessel required to be equipped with a radio installation and inspected by the  d(#LCommission or an entity designated by the Commission, under the Safety Convention or subparts Q, R,  d(#zS,U, or W of part 80 of this chapter meets such inspection requirements. The Chief, Compliance and Information Bureau is further authorized to delegate this authority. s  S9-s1. Section 0.314 is amended by revising paragraphs (e)(1) and (j) to read as follows:  S-s 0.314 Additional authority delegated.  Sm-s * * * * *  !|s(e)(1) For periodic survey as required by section 385 of the Communications Act of 1934, as  d(#=amended by the Telecommunications Act of 1996, and issuance of Communications Act radiotelephony  d(#Mcertificates in accordance with  80.903 of this chapter. The District Director or Resident Agent will  d(#require that the inspection be conducted by an FCClicensed technician holding an appropriate class of FCC license in accordance with  80.59 of this chapter.  ! s(j) For ship radio inspection and certification of the ship radio license, pursuant to the requirements  d(#of Section 362(b) and 385 of the Communications Act of 1934 as amended by the Telecommunications  d(#Act of 1996. The District Director or Resident Agent will require that the inspection be conducted by  d(#kan FCClicensed technician holding an appropriate class of FCC license in accordance with  80.59 of this chapter. s* * * * * s  S$- sII.Part 1 PRACTICE AND PROCEDURE  Sp&-s 2. The authority citation for Part 1 continues to read as follows: "='Y,l(l(,,+"Ԍ S-sAUTHORITY: 47 U.S.C. 151, 154, 207, 303 AND 309(j) unless otherwise noted.  S-s3.Section 1.1103 is amended by replacing "801" under the header titled Form No. with s"159 and correspondence."  S- sIII. Part 80 Stations in the Maritime Services s  Sh-s4.The authority citation for Part 80 continues to read as follows:  S- !;s AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless  d(##otherwise noted. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. 151155,  S -301609; 3 UST 3450, 3 UST 4726, 12 UST 2377.  S6 - 2s5.Section 80.5 is amended by revising two definitions and adding a new definition to read as follows:  S - s 80.5 Definitions. s* * *  S- !sCargo ship safety radiotelegraphy certificate. A certificate issued after a ship passes an inspection  d(#kof a radiotelegraph installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention.  Sl- ! sCargo ship safety radiotelephony certificate.  A certificate issued after a ship passes an inspection of  d(#a radiotelephone installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention.  S- !sCargo ship safety radio certificate. A certificate issued after a ship passes an inspection of the  d(#required radiotelegraph, radiotelephone or GMDSS radio installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention.  S - s6.Section 80.19 is amended by removing the entry "Radio inspection and certification" under the  S- d(#column titledApplication forĩand removing the entry and footnote "FCC Form 801.1" under the column  S-titledUse. s  S=- A s7.Section 80.59 is amended by revising paragraphs (a), (a)(1), (a)(2), adding new paragraphs  d(#(a)(3), (a)(4), and (a)(5) revising paragraphs (d), (d)(1), (d)(1)(v), adding a new paragraph (d)(2) and amending paragraph (e) to read as follows:  Sq-s 80.59 Compulsory ship inspections. s  S - !{s (a) Inspection of ships subject to the Communications Act or the Safety Convention. (1) The FCC  d(#[will not normally conduct the required inspections of ships subject to the inspection requirements of the  d(#Communications Act or the Safety Convention. NOTE: nothing in this section prohibits Commission  d(#=inspectors from inspecting ships. The mandatory inspection of U. S. vessels must be conducted by an  d(#FCClicensed technician holding an FCC General Radiotelephone Operator License, GMDSS Radio  d(#Maintainer's License, Second Class Radiotelegraph Operator's Certificate, or First Class Radiotelegraph Operator's Certificate in accordance with the following table: s "t&Y,l(l(,,?*?*"Ԓ h !ddx `  Addx`  h     h  Hx  " R-o CATEGORY OF VESSEL  " R-?   MINIMUM CLASS OF FCC LICENSE REQUIRED BY MPRIVATE SECTOR TECHNICIAN TO CONDUCT  RB-LINSPECTIONONLY ONE LICENSE REQUIRED   0   HWx  "x  "7General 'Radiotelephone $Operator License "GMDSS Radio oMaintainer's License "Second Class _Radiotelegraph Operator's Certificate ?W"eFirst Class ]Radiotelegraph g Operator's fCertificate0   Wx   yO-#C PP#Radiotelephone equipped vessels subject to 47 C.F.R. subpart R or S   "At  "  "  "v.   ? x  #C PP#Radiotelegraph equipped vessels subject to 47 C.F.R. subpart Q   "F  "  "  "v.      *x  #C PP#GMDSS equipped vessels subject to 47 C.F.R. subpartW or subpart Q *"F *" *"! *"{O    *  S- !s#&J\  P6Q&P#(2) A certification that the ship has passed an inspection must be entered into the ship's log by the  d(#.inspecting technician. The technician conducting the inspection and providing the certification must not  d(#be the vessel's owner, operator, master, or employee or their affiliates. Additionally, the vessel owner,  d(#operator, or ship's master must certify in the station log that the inspection was satisfactory. There are  d(#kno FCC prior notice requirements for any inspection pursuant to  80.59(a)(1). An inspection of the  d(#bridgetobridge radio stations on board vessels subject to the Vessel BridgetoBridge Radiotelephone Act must be conducted by the same FCClicensed technician.  !Ms(3) Additionally, for passenger vessels operated on an international voyage the inspecting technician  d(#must send a completed FCC Form 806 to the Officer in Charge, Marine Safety Office, United States Coast Guard in the Marine Inspection Zone in which the ship is inspected.  !s(4) In the event that a ship fails to pass an inspection the inspecting technician must make a log entry  d(#detailing the reason that the ship did not pass the inspection. Additionally, the technician must notify the vessel owner, operator, or ship's master that the vessel has failed the inspection.  !Ns(5) Because such inspections are intended to ensure the availability of communications capability  d(#-during a distress the Commission will vigorously investigate reports of fraudulent inspections, or violations  d(#lof the Communications Act or the Commission's Rules related to ship inspections. FCClicensed  d(#<technicians, ship owners or operators should report such violations to the Commission through its National Call Center at 1888CALL FCC (18882255322).  S-s(b) * * *  S-s(d) Waiver of annual inspection.   ! s(1) The Commission may, upon a finding that the public interest would be served, grant a waiver of  d(#the annual inspection required by Section 362(b) of the Communications Act, 47 U.S.C.  360(b), for  d(#[a period of not more than 90 days for the sole purpose of enabling a United States vessel to complete its  d(#!voyage and proceed to a port in the United States where an inspection can be held. An informal  d(#.application must be submitted by the ship's owner, operator or authorized agent. The application must  d(#be submitted to the Commission's District Director or Resident Agent in charge of the FCC office nearest the port of arrival at least three days before the ship's arrival. The application must include: s(i) * * *  S%-s(v) The reason why an FCClicensed technician could not perform the inspection; and (#(# s(vi) * * *"&Y,l(l(,,0* "Ԍ !s(2) Vessels that are navigated on voyages outside of the United States for more than 12 months in  d(#=succession are exempted from annual inspection required by section 362(b) of the Communications Act,  d(#provided that the vessels comply with all applicable requirements of the Safety Convention, including the  d(#annual inspection required by Regulation 9, Chapter I, and the vessel is inspected by an FCClicensed technician in accordance with  80.59 within 30 days of arriving in the United States. s  S-s8.Section 80.101 is amended by revising the fourth sentence in paragraph (b) to read as follows: s  Sh-s 80.101 Radiotelephone testing procedure. s* * * * *  !|s(b) * * * U. S. Coast Guard stations may be contacted on 2182 kHz or 156.800 MHz for test  d(#purposes only when tests are being conducted by Commission employees, when FCClicensed technicians  d(#are conducting inspections on behalf of the Commission, when qualified technicians are installing or  d(#>repairing radiotelephone equipment, or when qualified ship's personnel conduct an operational check requested by the U. S. Coast Guard. * * *  S - #s9.Section 80.409 is amended by revising paragraphs (b)(1) and (f)(1) and adding paragraphs (f)(1)(i)(vi) to read as follows:  S-s 80.409 Station logs. s* * * * * s(b) * * *  !Ms(1) Logs must be retained by the licensee for a period of two years from the date of entry, and, when applicable, for such additional periods as required by the following paragraphs: s(i) * * * s(f) * * *  !s(1) Radiotelephony stations subject to the Communications Act, the Safety Convention, or the Bridge d(#toBridge Act must record entries indicated by paragraphs (e)(1) through (e)(12) of this section.  d(#Additionally, the radiotelephone log must provide an easily identifiable, separate section relating to the  d(#krequired inspection of the ship's radio station. Entries must be made in this section giving at least the following information. s(i) For ships that pass the inspection: s(A) The date the inspection was conducted. s(B) The date by which the next inspection needs to completed. s(C) The inspector's printed name, address and class of FCC license (including the serial number). s(D) The results of the inspection, including any repairs made.  !ms(E) The inspector's signed and dated certification that the vessel meets the requirements of the  d(#Communications Act and, if applicable, the Safety Convention and the BridgetoBridge Act contained in subparts Q, R, S, U, or W of this part and has successfully passed the inspection. s(F) The vessel owner, operator, or ship's master's certification that the inspection was satisfactory. s(ii) For ships that fail the inspection: s(A) The date the inspection was conducted. s(B) The inspector's printed name, address and class of FCC license (including the serial number). s(C) The reason that the ship did not pass the inspection.  !/s(D) The date and time that the ship's owner, operator or master was notified that the ship failed the inspection. s s"='Y,l(l(,,+ "  S-s 10.Section 80.802 is amended by revising paragraph (a) to read as follows:  S-s  80.802 Inspection of station.  !s(a) Every ship of the United States subject to Part II of Title III of the Communications Act or  d(#.Chapter IV of the Safety Convention equipped with a radiotelegraph installation must have the required  d(#!radio equipment inspected by an FCClicensed technician holding a Second Class Radiotelegraph  d(#[Operator's Certificate, or First Class Radiotelegraph Operator's Certificate once every 12 months. If the  d(#ship passes the inspection the technician will issue a Cargo Ship Safety Radio Certificate. Cargo Ship  d(#Safety Radio Certificates may be obtained from the Commission's National Call Center(888) 2255322or from its Forms contractor. s(1) * * * s* * * * *  S6 -s 11.Section 80.818 is amended by revising paragraph (b) to read as follows: s  S -s  80.818 Direction finding and homing equipment. s* * *  S7- !s (b) On or after May 25, 1980, must be equipped with radio direction finding apparatus having a homing capability in accordance with  80.824.  S-s 12.Section 80.819 is amended by revising paragraph (a) to read as follows:  S9-s  80.819 Requirements for radio direction finder. s(a) The radio direction finding apparatus must: s(1) * * * s s* * * * * s  S-s 13.Section 80.822 is amended by removing paragraph (b). s  Sn-s 14.Section 80.835 is amended by removing the fourth sentence in paragraph (a).  S- s15.Section 80.851 is amended by renumbering the text as paragraph (a) and adding a new paragraph (b) to read as follows:  So-s  80.851 Applicability. s(a) * * *  !|s(b) Until February 1, 1999, the inspection of all cargo vessels equipped with a radiotelephone  d(#linstallation operated on domestic or international voyages must be conducted by an FCClicensed  d(#technician in accordance with  80.59 once every 12 months. If the ship passes the inspection the  d(#jtechnician will issue a Safety Certificate. Cargo Ship Safety Radio Certificates may be obtained from the Commission's National Call Center(888) 2255322or from its forms contractor. s"%Y,l(l(,,O) "  S-s16.Section 80.903 is amended by revising the text to read as follows:  S-s  80.903 Inspection of radiotelephone installation.  !sEvery vessel subject to Part III of Title III of the Communications Act must have a detailed inspection  d(#.of the radio installation by an FCClicensed technician in accordance with  80.59 once every five years.  S- d(#The FCClicensed technician must use the latest FCC Information Bulletin, How to Conduct an Inspection  S- d(#of a Small Passenger Vessel. If the ship passes the inspection, the technician will issue a Communications  d(#Act Safety Radiotelephony Certificate. Communications Act Radiotelephony Certificates may be obtained from the Commission's National Call Center(888) 2255322or from its forms contractor. s* * * * *  S -s17.Section 80.1067 is amended by revising paragraph (a) to read as follows:  S8 -s  80.1067 Inspection of station.  S - !]s (a) Ships must have the required equipment inspected at least once every 12 months by an FCC d(#licensed technician holding a GMDSS Radio Maintainer's License. If the ship passes the inspection the  d(#ktechnician will issue a Safety Certificate. Safety Certificates may be obtained from the Commission's  d(#=National Call Center at 1888CALL FCC (18882255322) or from its field offices. The effective date  d(#Mof the ship Safety Certificate is the date the station is found to be in compliance or not later than one  S- d(#business day later. The FCClicensed technician must use the latest FCC Information Bulletin, How to  S- d(#Conduct a GMDSS Inspection. Contact the FCC's National Call Center at 1888CALL FCC (18882255322) to request a copy. s* * * * * s" Y,l(l(,, " s S-Q ATTACHMENT D Đ\s  Sg-#  How to Conduct an Inspection of a Small Passenger Vesselă By definition, small passenger vessels are vessels that are less than 100 gross tons and carry more than six passengers for hire. A passenger for hire is defined as a person who pays money or any other kind of material goods or services as compensation for being carried on a vessel. Small passenger vessels are required to carry radio equipment to comply with the requirements of the Communications Act, sections 381386. Radio carriage requirements for small passenger vessels depend on the area of operation and the distance from the nearest land. A small passenger vessel's area of operation is specified on the Coast Guard's Certificate of Inspection. Generally, a small passenger vessel must carry radio equipment to meet the communication requirements in the area of operation specified by the Coast Guard.  S -X` hp x (#%'0*,.8135@8:'Y,l(l(,,+ "Ԍ S-sb)` ` an INMARSAT ship earth station through which continuous distress alerting by satellite is available. The earth station must include an EGC receiver to enable receipt of NAVTEX information when the vessel is beyond the range of stations transmitting NAVTEX on 518kHz.(#` ,sThe vessel must also carry a reserve source of energy capable of powering all of the above equipment, must carry a NAVTEX receiver for receipt of maritime safety information and be equipped with a Category 1 satellite (406 MHz) EPIRB. The EPIRB may be the same one required by Coast Guard rules on voyages of more than 5.6 km (3 miles) from shore. If a ship earth station is elected in lieu of the single sideband combined MF/HF installation described above, and if it is an INMARSAT A, the reserve source of energy must include an uninterruptable power supply so that if regular ship's power is interrupted, satellite communications will still be possible. If the earth station is an INMARSAT C, the uninterruptable power supply is not required.(#  S -6.,sSmall passenger vessels operated more than 320 km (200 miles) from shore must carry, in addition to all of the equipment specified above, a radiotelephone distress frequency watch  Sj-receiver meeting the requirements of Section 80.269 of the Rules and an automatic radiotelephone alarm signal generator meeting the requirements of Section 80.221 of the Rules.! Regardless of the area of operation authorized by the Coast Guard's Certificate of Inspection, all compulsory small passenger vessels must have the following items: 1. A valid station license must be posted at the station's control point or otherwise readily available to the operator on duty. The license must: sa) Not be expired; sb) Show the current vessel owner, operator, or master as the licensee (A license issued to a previous owner is not valid, even though not yet expired.); sc) Indicate that the vessel is licensed to comply with Title III, Part III of the Communications Act (A license indicating a recreational vessel is unacceptable. If so licensed, the licensee must apply for a license modification.); sd) Accurately reflect the kinds of transmitters installed aboard the vessel (If transmitters are installed for frequency bands not shown on the station license, the licensee must apply for a license modification.). 2. A licensed radio operator must be available during an inspection and must be assigned to the vessel whenever it sails. The minimum class of licensed operator for compulsory vessels is the holder of a Marine Radio Operator Permit. Individuals holding a General Radiotelephone Operator License, a first or second class radiotelegraph operator's certificate, or a GMDSS Radio Operator's License may also serve as radio operators aboard compulsory small passenger vessels. The holder of a Restricted  S$-Radiotelephone Operator Permit is not authorized to operate the radio of a compulsory vessel. 3. If the inspection is for renewal of an expiring Communication Act Safety Radiotelephony Certificate, the soontoexpire certificate should be available for inspection on board the vessel."='Y,l(l(,,+ "Ԍ4. A current copy of Part 80 of FCC Rules should be available. It may be kept either on board the vessel or at a convenient location on shore. 5. Small passenger vessels must have a radio station log containing the following entries: sa) A summary of all distress, urgent, and safety traffic; sb) A summary of communications conducted on other than VHF frequencies between the ship station and land or mobile stations (not required if only a VHF radio is installed); sc) A reference to important service incidents; sd) The position of the vessel at least once a day; se) The name of the operator on duty and the beginning and ending of the watch period; sf) The time the watch begins when the vessel leaves port, and the time it ends when the vessel returns to port; sg) The time the watch is discontinued, including the reason, and the time the watch is resumed; sh) The times when storage batteries provided as a part of the required radiotelephone installation are placed on charge and taken off charge; si) The results of required equipment tests, including specific gravity of leadacid storage batteries and voltage readings of other types of storage batteries provided as a part of the compulsory radio installation. sj) The results of inspections and tests of compulsorily fitted lifeboat radio equipment (not required if not fitted); sk) A daily statement about the condition of the required radiotelephone equipment, as determined by either normal communication or test communication. If the vessel is subject to the BridgetoBridge Radiotelephone Act (more than 20 meters in length or more than 100 gross tons and carrying at least one passenger), the radio log must also show when the master is notified about any improperly operating radiotelephone equipment. The vessel's radio log must also include an easily identifiable section reserved for recording the details of the radio inspection as follows: sa) The date the inspection was conducted; sb) The date by which the next inspection needs to be completed; ,sc) The inspector's printed name, address and class of FCC license (including the serial number).(# ,sd) The results of the inspection, including a list of any repairs made.(# "p&Y,l(l(,,0* "Ԍ,se) The inspector's signed and dated certification that the vessel meets the requirements of Subpart S of Part 80 of FCC Rules (and Subpart U if the vessel is subject to the Bridge-to-Bridge Act).(# ,sf) The vessel owner, operator, or ship's master's signed and dated certification that the inspection was satisfactory.(# 6. Every compulsory small passenger vessel must carry a VHF radio installation consisting of a  S-transmitter and receiver capable of operating on at least VHF marine channels 6 and 16 (156.300 and 156.800 MHz, respectively) and on at least one frequency used by a local marine operator (public coast frequency) serving the area that the vessel normally traverses. The control point must be located convenient to the location from which the vessel is steered. The transmitter must: ,sa) Have a power output of not less than 20 watts nor more than 25 watts with capability of reducing power to not more than 1 watt.(# sb) Maintain a frequency tolerance of 10 Hz/MHz. ,sc) Be capable of passing a 10 minute power test with the transmitter drawing power only from the ship's battery. At the end of a 10minute transmission the transmitter input voltage must be not less than 11.5 volts and the power output must be not less than 15 watts. For terminal voltages between 11.5 and 12.6, the terminal output power must be not less than that calculated with the formula:(# s` `  P=4.375(V)35.313 ,sd) Be capable of voice modulation that normally produces peaks between 75 and 100 percent (100% being defined as 5 kHz deviation).(# The receiver provided with the VHF installation must: ,sa) Be capable of being tuned to at least the above channels required for the transmitter.(# ,sb) Have sufficient sensitivity to permit communication with coast stations and other ship stations in the vessel's area of operation.(# ,sc) Be fitted with a loudspeaker having sufficient output to allow reception of messages in ambient noise levels normally associated with the environment aboard vessels.(# ,sd) Be fitted with an illuminated dial or other illumination so that the radio operator can visually determine to which radio channel the equipment is tuned during night hours.(#  So"-7.sThe radio installation must be connected to a source of energy capable of powering the equipment at its full rated output. If the source of energy consists of batteries, they must be installed as high above the bilge as practicable, mounted securely to prevent shifting with motion of the vessel, provided with a means of charging and provided either with an ammeter to indicate charging rate or an expanded scale voltmeter to indicate state of charge. There must be at least 26 cm (10 inches) of head room over the batteries to allow servicing and ventilation. The batteries must be of sufficient capacity to provide for at least 3 hours of continuous operation of the radio at its rated power output."='Y,l(l(,,+ "ԌFCC rules do not prohibit use of the vessel's engine starting battery as the main source of energy. However, an emergency situation at sea involving an engine failure might result in a discharged engine starting battery at a time when the radio would be needed to call for assistance. Therefore, inspectors should encourage vessel operators to provide a main energy source, other than the engine starting battery, that would be less likely to become depleted in an emergency situation. Whenever the age, appearance, size, energy requirements or service history of a storage battery used as a main or reserve source of energy makes it appear to the inspector that it might no longer have sufficient capacity to meet the 3hour operating requirement, the inspector should make a discharge test to confirm the required capacity.  S-8.sIf the vessel is over 100 gross tons in size it must be provided with a reserve source of energy in addition to the main source of energy. When the reserve energy source consists of batteries, they must meet the same requirements as the main source of energy. In addition the reserve source of energy must be independent of the vessel's propulsion system and independent of all other electrical systems on the vessel. The reserve source of energy must be immediately available for use at any time.  Sj-9.sThe VHF installation must be connected to an efficient, vertically polarized antenna mounted as high above the waterline as practicable. The antenna must be connected to the transmitter and receiver with coaxial cable that is as short as practicable, protected from physical damage, sealed to prevent entry of water and capable of carrying radio frequency energy without excessive loss. The inspector should reject the antennatransmission line assembly if the standing wave ratio equals or exceeds 2.5:1 at the operating frequencies. The installation must be provided with a means of indicating visually whenever the transmitter is supplying power to the transmitting antenna. The radio should be installed in a protected area of the vessel where it is available to the helmsman and protected from water spray. It should also be protected from access by unauthorized individuals at times when the vessel is not manned. 10. If the vessel is certified for operation beyond 32 kilometers (20 miles) from shore or if it sails beyond the range of VHF coast stations it must, in addition to the VHF installation, carry a MF (medium frequency) installation consisting of: A transmitter capable of:  Sn-a),sAt least 60 watts (PEP) power output with type J3E emission (single sideband, upper sideband only); (#  S -b),sOperation on 2182 kHz and 2638 kHz. Additionally, at least one MF shiptoshore public coast working frequency is required when in an area served by a public coast operating in the 1700 to 2850 kHz band. When operating in an area not served by an MF public coast station, 2670 kHz is also required;(# c) Maintaining a frequency tolerance of 20 Hz. If the transmitter is also fitted for narrow band direct printing telegraphy or digital selective calling, the frequency tolerance is 10 Hz (20 Hz if the transmitter was installed before January 2, 1992). "=' Y,l(l(,,+ "ԌThe transmitter must be provided with a device to indicate when the transmitter is supplying power to the antenna. The MF receiver must be capable of receiving J3E emission on all of the frequencies required for transmitting. It must also be capable of receiving type H3E in addition to J3E emission on 2182 Khz. It must have adequate sensitivity to enable satisfactory communication with other stations in the vessel's area of operation. 11. The MF transmitter and receiver should be provided with an antenna and tuning mechanism for efficient radiation on the required frequencies. As with the VHF installation, the MF equipment should be installed in a protected area of the vessel and secured against unauthorized access at times when the vessel is unmanned. When a reserve source of electrical energy is required, the MF installation must be capable of being powered by the reserve energy source in addition to the main energy source.  S -& INSPECTION REQUIREMENTS ă Small passenger vessels required to carry radio installations must have the radio equipment inspected at least once every five years. If a vessel operator is unable to have his vessel reinspected before the end of the fiveyear interval, he may apply for a temporary waiver of inspection for a period of up to 90 days. A fee is required. Vessel operators needing this service should call 8882255322 for further information. Vessel operators should be urged to have their vessels inspected in a timely manner whenever feasible so as to avoid the need for applying for certificate extension. A ship radio inspection should include a complete check of all components of the required communications equipment including installation, technical parameters, capabilities, licenses, operators, operating practices, operating records, and equipment maintenance practices and provisions: 1. Where either Coast Guard or FCC rules require carriage of a 406 MHz EPIRB, checks should be made to assure that its selftest capability is functional, that the equipment is registered with NOAA as required by FCC rules, that the registration data is current and accurate, that the equipment is mounted in a manner such that it would not likely become entangled or obstructed by the vessel's superstructure if the vessel should sink and the EPIRB be released, that the equipment's battery expiration date has  S:-not passed, and that the date on the automatic hydrostatic release mechanism has not expired. DO  S-NOT , under any circumstances, cause transmission of an actual distress alert while checking the equipment. 2. The VHF radio should be checked to ascertain that it can transmit and receive on the required frequencies, maintain the required frequency tolerance, that the transmitter modulation level is within tolerance, that the power output is within specified limits, that the proper lighting and power output indicators are provided. Compliance with the ten minute power test should be demonstrated. 3. Give the VHF antenna and transmission line a careful visual inspection and measure the reflected power. Any visible physical damage, improper cable routing or excess reflected power should be corrected. 4. If an MF/HF installation is required, it should be given the same complete check, including assurance that it is capable of transmitting and receiving on all of the required frequencies. "='!Y,l(l(,,+ "Ԍ5. If radar transponders are required, they should be checked to make certain that they are in operating condition. 6. If survival craft portable radiotelephones are required, they should be checked to make certain that they operate on the required frequencies, are in good operating condition and that the battery dates are not expired.  S-  $|D   $|D SMALL PASSENGER VESSELS SUBJECT TO SOLAS $|D   $|D ԃ Passenger vessels that sail to foreign countries are subject to SOLAS regulations in addition to the Communications Act. A foreign voyage is defined as docking or anchoring at a foreign port. A vessel sailing into foreign territorial waters and returning to a United States port without docking or anchoring in a foreign harbor or port is not making a foreign voyage. FCC Rules [Section 80.933] exempt most small passenger vessels making certain foreign voyages  S -from most SOLAS requirements (except the annual inspection requirement), provided they meet the Section 80.933 technical requirements. These requirements include carriage of:  Sj-a),sA Category I, 406 MHz EPIRB;(#  S-b),sA NAVTEX receiver;(#  S-c),sThree survival craft portable radiotelephones; (#  S8-d),sTwo radar transponders.(# Small passenger vessels that make foreign voyages must be inspected once every 12 months rather than once every five years. Vessel operators should make every effort to have their vessels reinspected and recertificated prior to expiration of the 12 month period of validity of their certificates. If it is inconvenient for a vessel operator to have a vessel reinspected before the end of the 12 month period of validity of its certificate, the operator may apply to the Commission for an extension of up to 30 days. A fee is required. The vessel operator should call 8882255322 for detailed application instructions. Inspectors should urge vessel operators to have renewal inspections performed in a timely manner so that application for extension of certificates is unnecessary. Vessels subject to SOLAS but exempted from all but the annual inspection requirement must have all  S-equipment, including the extra equipment required to qualify for the exemption, inspected annually. If the inspector discovers technical deficiencies that cannot be corrected during the course of the inspection, the inspector should decline to certify the inspection in the ship's log and should withhold issuance of a renewal certificate until the deficiencies are corrected.  ` <ka#|\  P6G;SEP# NOTES \  X"-#Xj\  P6G; s>XP#If the vessel being inspected is larger than 100 gross tons or is more than 20 meters in length, it must also carry a radiotelephone installation that meets the requirements of the BridgetoBridge Act. (Sections 80.1101 through 80.1023) These requirements are similar to other Communications Act requirements except that the VHF radiotelephone must have operating capability on Channels 13 (156.650 MHz) and 22A (157.100 MHz). If the vessel transits certain waterways of the lower Mississippi River, the bridgetobridge radio must also be capable of operating on Channel 67 (156.375 MHz). Vessels carrying a bridgetobridge radio installation should have that installation inspected concurrently with the inspection of the other compulsory equipment. If deficiencies are discovered in the bridgetobridge installation that cannot be immediately corrected, the inspector should note pertinent facts in the radio log. Since the bridgetobridge radio is also a Coast Guard requirement, the inspector should bring noted deficiencies to the attention of his local Coast Guard Marine Safety Office. Deficiencies in the bridgetobridge radio equipment will not, however, affect approval of other compulsory radio components nor hinder issuance of a safety radiotelephony certificate."#Y,l(l(,, "  X-sQ ATTACHMENT E ă  X-  How to Conduct a GMDSS Inspection.\ The GMDSS replaces the shiptoship safety system that used manual Morse code with a shiptoshore safety system that uses satellite and automated terrestrial communications systems. The GMDSS requires ships to carry various types of communications equipment depending upon the voyages of the ship rather than the gross tonnage. (See  80.1069.) The GMDSS also requires ships to comply with certain functional requirements. (See  80.1081.) The GMDSS rules are found in subpart W of Part 80 [Code of Federal Regulations, Title 47, Part 80].  X^ -Definitions of Sea Areas. Ships must comply with the requirements for all sea areas in which they operate.   Sea Area A1Basically VHF Sea Area A2Basically MF Sea Area A3Ocean areas within INMARSAT coverage. Below 70 degrees N Latitude and above 70 degrees S Latitude. Most ships will operate in Sea Area A3. Sea Area A4Out of INMARSAT coverage area. Above 70 degrees N Latitude and  XF-below 70 degrees S Latitude. These ships must be equipped with an HF DSC installation.  X-  B" Ship radio equipment. Đ\  X- I 1 i a.(1)(a) i) a) 1 A. 1. a.(1)(a) i) a) I. All GMDSS ships must comply with the following. ( 80.1085)  XQ-1.sVHF installation. p+(#G(80.1085(a)(1)&(2)) s  X -sA. ` ` Required DSC channel 70. Must be able to initiate transmission of distress s` ` alerts from position from which ship is navigated.  X-sB. ` ` Required channels for radiotelephony (transmit and receive)6, 13, 16  X-sC. ` ` Separate, dedicated, nonscanning receiver capable of monitoring DSC on VHF s` ` channel 70 (Accept either a separate radio installation or a separate receiver s` ` combined with the VHF radio. In either event, the ship must have continuous s` ` monitoring capability for DSC on channel 70.)  X-sD. ` ` Transmitter power output between 6 and 25 watts. p(#`(80.1101(c)(2).  X-sE. ` ` Frequency tolerance 10 Hz/MHz (80.209(a)(5)(ii).  X -sF. ` ` Type accepted for GMDSS (must have a label so stating). p(#m(80.1103(e))" $Y,l(l(,,f! "  X-2.sSARTSearch And Rescue Transponder. p(#_(80.1085(a)(3))  X-sA. ` ` Two required for ships 500 gross ton or greater. One required for ships of s` ` between 300 and 500 gross tons. p(#u( 80.1101).  Xt-sB. ` ` Type accepted for GMDSS (must have a label so stating). p(#m(80.1103(e))  XQ-sC. ` ` Self test capability required. s  X -3. sNAVTEX receiver p|(#\( 80.1085(a)(4)).  X-sA. ` ` Dedicated receiver  X-sB. ` ` Type accepted for GMDSS (must have a label so stating). p(#m(80.1103(e))  X-sC. ` ` Capable of receiving NAVTEX information in all areas in which ship operates. s  X\ -4.sINMARSAT ship earth station with enhanced group calling, e.g. SafetyNet or HF sdirect printing equipment capable of receiving HF maritime safety information. sNOTE: This requirement only applies to ships operated in areas where NAVTEX is not savailable.p(#c (80.1087(a)(5))  X-5.sA category 1, 406 MHz EPIRB. pk(#\(80.1085(a)(6) )  X-X` hp x (#%'0*,.8135@8: