WPCn7 2J BNLZTimes Roman3|f#&a\  P6G;x&P#"S^2CRddCCCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$8YYdCCddooCYȾNXg~-<IQ_mxP2 H LL; 3|fTimes RomanTimes Roman BoldTimes Roman ItalicTimes Roman Bold Italic"S^.Gf\\===\i.=.3\\\\\\\\\\==iii\zzzzzG\zppzfpzzpp=3=i\=\\Q\Q=\f33\3f\\\GG3fQz\QG@(@i=.============\3z\z\z\z\z\zQzQzQzQzQG3G3G3G3f\\\\ffffpQz\\\\pQ\p\z\z\zQzQzQzQ\zQzQzQzQ\\\\\ffG\G\G=G\\=z\p3p=p=p=p3fff\\zGzGzGfGfGfGfGp=p=p=ffffzpQpGpGN@.\\G\\\\\\17\7\733\\\==\\ff=\7toieeiooo.Ii2[-Kye1pe~eje~"S^*8DSS888S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZ8*888888888888S.xJxJxJxJxJooJfJfJfJfJ8.8.8.8.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxJxJoJoJoJoJxSfJfJfJfJxSxSxSxSxSxSxS8S8S888SA8xSf.f8f8f8f.xSxSxSxSxSxo8o8o8]A]A]A]Af8f8f8xSxSxSxSxxSfJfJN:*LS8JSSSSS.4}}S2S}2.JJS88SS]]8J2t^^\\^^ee*C^.wR)Ewn\1fy\r\Sxx\r2 Z  v p#HP LaserJet 4 PostScriptHPLA4POS.PRS]\  PChhhh$[P I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2kk0v@a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2x % a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  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"S^.=K\\===\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=.============\3QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\QQzQzQzQzQ\pQpQpQpQ\\\\\\\=\=\===\G=\p3p=p=p=p3\\\\\z=z=z=fGfGfGfGp=p=p=\\\\\pQpQN@.S\=Q\\\\\39\7\7!3QQ\==\\ff=Q7tggeeggoo.Ig2[-Kye1pe~e\e~"S^.=f\\===\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=.============f3\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\QQQQfzQzQzQzQ\\\\\ffGfGfG=Gf\=fz3z=z=z=z3fff\\QQQfGfGfGfGz=z=z=ffff\zQzQN@.c\=\\\\\\7=\7\733\\\==\\ff=\7tiieeiioo.Ii2[-Kye1pe~efe~2+L"L$L.'Lz)"S^2CRddCCCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$8YYdCCddooCYȾ%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%n%%%%%%%%%%7O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O1O1I1I1I1I1O7C1C1C1C1O7O7O7O7O7O7O7%7%7%%%7+%O7CC%C%C%CO7O7O7O7O7bOI%I%I%=+=+=+=+C%C%C%O7O7O7O7hOO7C1C1N'27%177777"SS7!TT7S!117n%%77l==n%1ni!t>><<>>mBBs,>[N6-msTN[TTTH_<1CPlongrange equipment would be costly and unnecessary from a safety standpoint for small passenger"R ,))ZZM"   >vessels. In the case of fishing vessels, at the behest of representatives of the fishing industry, we are   granting a temporary, conditional waiver from compliance with certain of the Commission's GMDSS rules   =pending completion of a rule making proceeding addressed to the issue of whether fishing vessels should   be required to comply fully with the Commission's GMDSS rules. The waivers herein affect only rules   jthat were to take effect on February 1, 1999. As a result, nothing herein should be construed as a waiver of GMDSS rules which already are in effect.  Ő S-2 II. BACKGROUND lU  S-  o2.` ` Nature of the GMDSS. Pursuant to the SOLAS Convention, the Commission released a  Sr-  Report and Order on February 7, 1992, commencing implementation of the GMDSS for United States  SL -  vessels.&L  {O - ԍSee Amendment of Parts 13 and 80 of the Commission's Rules to Implement the Global Maritime Distress  {O~ -  hand Safety System to Improve the Safety of Life at Sea, PR Docket No. 90480, Report and Order, 7 FCC Rcd 951  {OH -  (1992) (GMDSS R&O), petition for reconsideration denied, Memorandum Opinion and Order, FCC 97180 (released August 10, 1998). The GMDSS communications system represents the most significant improvement in marine   .safety since adoption of the first maritime communication regulations in the early 1900's. As a result of   the GMDSS, the technology of international distress communications is transitioning from manual Morse   LCode to automated, or semiautomated, communications using satellite and advanced terrestrial systems.   This modernized system has been recognized by the IMO, the United States Congress, the United States   Coast Guard (Coast Guard) and the Commission as a means to promote interoperable distress and general  S\-  communications among vessels of all nations.\ {O-ԍSee, e.g. SOLAS Convention; 47 U.S.C.  363. See generally, GMDSS R&O.ē The GMDSS is primarily a shiptoshore system (though   Lit has shiptoship capabilities) and consists of several distinct communications systems, some of which   Mare new, but most of which have been in operation for several years. The underlying premises of the   GMDSS are that every oceangoing vessel should: (a) be capable of initiating a distress alert via at least   two independent means; and (b) carry equipment to aid rescuers in locating the vessel and communicating   with survivors in the event of an emergency. Vessels may initiate a distress alert either via existing  Sl-satellite systems lH yOT- ԍ EPIRB  EPIRB The COSPASSARSAT satellite system, which has been in operation since 1982, provides distress alerting   Jby means of the 406 MHz emergency position indicating radio beacon (EPIRB). The International Mobile Satellite   Organization's (INMARSAT) maritime mobile satellite system has also been in operation since 1982 and permits shiptoshore alerting through a shipboard terminal. or through new, advanced terrestrial communications, using DSC. l0  yO<- ԍDSC is a digital signalling system that allows ship and shore stations to call one another directly, similar   to the use of a telephone, and establish contact. It is a significant improvement over the older system, still in use,   which requires radio operators to listen continuously to a common calling channel to identify specific calls directed  {O!-  to the ship or land station. See Amendment of the Maritime Service Rules (Part 80) to Permit VHF Marine Channel  {O^"-  9 to be Used as a Second Calling Channel, PR Docket No. 91167, Report and Order, 7 FCC Rcd 2618, n.2.   Administrations worldwide currently have in place or are developing networks of coast stations equipped with new   ,DSC radio equipment operating in the VHF (156162 MHz), MF (23 MHz) and HF (327.5 MHz) bands, to permit   the transmission and receipt of both distress messages and other communications originating from any location on the world's oceans.  "D,>(>(ZZE"Ԍ S-  3.A3` ` GMDSS Implementation. In the GMDSS R&O, the Commission established a schedule,   consistent with the one adopted internationally, under which the GMDSS would be phasedin for United  S-  States vessels. yO- ԍAn implementation schedule to phase in the GMDSS between 1992 and February 1, 1999, was provided  {O-in the GMDSS R&O, 7 FCC Rcd at Appendix C. The current GMDSS rules require that all United States compulsory vesselsT Z" yOt- \ԍCompulsory vessels are cargo ships of 300 gross tons or over travelling in the open sea, and all passenger  {O<-  ships, irrespective of size, that carry more than 12 passengers when travelling in the open sea. See 47 C.F.R.  80.1065(b).T must be  S-  equipped with a full GMDSS installation for alerting and communications purposes by February 1, 1999.R D {On -ԍSee 47 C.F.R.  80.1065.R  S:-  4.` ` The Commission's GMDSS rules require all compulsory vessels to carry a complement  S-  jof basic GMDSS equipment which includes a VHF installation with DSC, a NAVTEX receiver,  yO- ԍ NAVTEX is an automated system that distributes maritime navigation warnings, weather forecasts and warnings, search and rescue notices and other safety and urgent information to mariners. a float S-  free satellite EPIRB, .  yO- ԍ An EPIRB, when activated, transmits a distress call and ship identification signal to the COSPASSARSAT  {O-satellite system. See n.  EPIRB6  supra. one or more search and rescue radar transponders (SARTs),   yO- ԍA SART is a small device used to help pinpoint survivors during search and rescue operations by acting as an "active reflector" of 9,2009,500 MHz band radar signals. and two or more VHF  S-  portable radios. yOB- ԍThe VHF portable radios are used by survivors to establish voice contact with nearby search and rescue personnel. In addition, these vessels must carry certain other communications equipment depending  S-  on the "Sea Area" in which a vessel operates.`8 {Or-ԍSee 47 C.F.R.  80.1089 80.1093.` There are four possible Sea Areas (designated Sea Areas  Sr-  A1A4).r {O- ԍ Sea Areas are defined by individual administrations and notified to the IMO. In the United States, the   Coast Guard is responsible for declaring Sea Areas A1 and A2 operational. The IMO publishes a GMDSS Master   .Plan, which delineates the geographic extent of the various Sea Areas worldwide. The GMDSS Sea Areas are  {O6-  defined as follows: Sea Area A1 ! an area within the radiotelephone coverage of at least one VHF coast station in  {O -  hwhich continuous DSC alerting is available (this would normally extend approximately 2030 miles from shore); Sea  {O -  Area A2 ! an area, excluding Sea Area A1, within the radiotelephone coverage of at least one MF coast station in  {O!-  which continuous DSC alerting is available (this would normally extend up to 75150 miles from shore); Sea Area  {O^"-  A3 ! an area, excluding Sea Areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in  yO(#-  which continuous alerting is available (the area between 70o North Latitude and 70o South Latitude, which is within  {O#-  ,the footprint of the INMARSAT system); Sea Area A4 ! an area outside Sea Areas A1, A2, and A3 (essentially the  {O$-polar regions). See 47 C.F.R.  80.1069.  Sea Areas A3 and A4 are currently established and in use worldwide and rely, for their   operation, on ship borne DSCequipped high frequency (HF) transceivers or INMARSAT satellite   kterminals. In the United States, Sea Areas A1 and A2 are not established because the requisite shore  based VHF and MF DSC equipment is not in place. Accordingly, compulsory ships in United States" :,>(>(ZZ "   [waters must be fitted with Sea Area A3 or A4 equipment in order to participate in the shiptoshore and   shoretoship portion of the GMDSS. The Sea Area A3 and A4 equipment, intended for long oceangoing voyages, is significantly more expensive than the Sea Area A1 and A2 equipment.   S`-3 III. DISCUSSION ă  S-  5.` ` Section 1.3 of the Commission's RulesD yOx-ԍ47 C.F.R.  1.3.D provides that any rule may be waived or   suspended by the Commission on its own motion. A waiver or suspension of a given rule pursuant to   Section 1.3 is appropriate when "special circumstances warrant a deviation from the general rule and such  S-  zdeviation will serve the public interest."$X {O - ԍNortheast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990), citing WAIT Radio v.  {OZ -FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). We find such circumstances present here. Permitting small   /passenger vessels to defer GMDSS compliance until Sea Areas A1 and A2 are established serves the   public interest by avoiding the need for shortrange vessels to unnecessarily purchase and install the   equipment appropriate for longrange communication. The public interest is likewise served by not   finalizing the GMDSS equipment requirements for fishing vessels until the Commission has had the   jopportunity to consider, in a rule making context, whether there are characteristics of fishing vessels that dictate making special provisions for fishing vessels in the GMDSS rules.  SX-  6.` ` General Exemption for Small Passenger Vessels. Section 351(a)(1)(A) of the  S2-  jCommunications Act2D yO- ԍGMDSSequipped vessels are statutorily exempt from being required to carry radiotelegraph equipment.  {O-See 47 U.S.C.  365. requires certain passenger vessels to carry radiotelegraph equipment.Z2 yOp- ԍAbsent an exemption, radiotelegraph equipment must be carried by all United States passenger vessels that   Jare: (a) not fitted with appropriate GMDSS equipment; (b) navigated in the open sea; and (c) certified to carry more  {O-than 12 passengers. See 47 U.S.C.  351(a)(1)(A). However,  S -  ypursuant to Section 352(b)(1) of the Communications ActJ   yOj-ԍ47 U.S.C.  352(b)(3).J the Commission adopted a rule that exempts  S-  from the radiotelegraph requirement,KXP  yO- ԍAn exemption from the radiotelegraph carriage requirement is warranted when "the route or the conditions   of the voyage or other circumstances are such as to render a [radiotelegraph] radio station unreasonable or unnecessary." 47 U.S.C.  352(b).K passenger vessels that do not travel more than 20 nautical miles  S-  from land or more than 200 nautical miles between consecutive ports.p {O#-  ԍSee 47 C.F.R.  80.933. See also 47 U.S.C.  351(b)(3) which permits the Commission to exempt from  {O$-  the radiotelegraph requirement, passenger vessels of less than 100 gross tons not subject to the Solas Convention.   : Pursuant to that provision, the Commission adopted a general exemption from the radiotelegraph requirement for such   vessels provided that they are equipped with the MF radiotelephone equipment specified in Subpart S of Part 80 of  {O&-the Commission's Rules. See 47 C.F.R.  80.933(b). The general exemption rule,"&,>(>(ZZ"   ]Section 80.933 of the Commission's Rules, provides that, prior to February 1, 1999, certain small   passenger vessels are exempt from: (a) the radiotelegraph carriage requirements of the Communications   Act; (b) the MF radiotelephone requirements of the Commission's Rules; and (c) Regulations 7 through  S-  11 of Chapter IV of the SOLAS Convention.  {O- ԍRegulations 7 through 11 of Chapter IV of the SOLAS Convention define the basic radio equipment required for GMDSScompliant ships and the additional equipment required for operation in Sea Areas A1A4.  This latter general exemption, Section 80.933(c),J" yOJ-ԍ47 U.S.C.  80.933(c).J is  Sb-  >narrowly drawn in geographic termsgb {O -ԍSee 47 C.F.R. 80.933(c)(4)(i)(iii), (d)(1)(3).g and applies only to United States small passenger vessels that   |operate not more than 20 nautical miles from land, or alternatively, 200 nautical miles between   consecutive ports. The current exemption expires on January 31, 1999 because, effective February 1,   k1999, the Commission's GMDSS rules, only portions of which are currently in effect, would be fully  S-implemented for all compulsory vessels.4D {O- ԍSee 47 C.F.R.  80.1065(b)(3),(4). Note, however, that in the instant Order, the provisions of certain  {Op-GMDSS rules as they apply to fishing vessels also are waived. See para.  FISH11  infra.4  Sr-  7.` ` We note that the expiration date set for the small passenger vessel exemption in Section   80.933 of the Commission's Rules was premised on the shorebased terrestrial portions of the GMDSS  S" -  being in place by February 1, 1999.j\"  yOb- ԍAmendment of Parts 13 and 80 of the Commission's Rules to Implement the Global Maritime Distress and  {O*-  Safety System (GMDSS) to Improve the Safety of Life at Sea, PR Docket No. 90-480, Notice of Proposed Rule  {O-Making, 5 FCC Rcd 6212, 6214 (1990).j Accordingly, it was anticipated that on February 1, 1999, small   passenger vessels would be fully in compliance with the GMDSS rules if they were fitted with VHFDSC   and/or MFDSC equipment in addition to the GMDSS equipment already required. However, because Sea   Areas A1 and A2 have not been established, small passenger vessels would require Sea Area A3 or A4  S -  equipment to comply with the GMDSS rules unless the small passenger vessel exemption supra is extended pending establishment of Sea Areas A1 and A2 in the United States.  S -   8.` ` We do not believe it would further the public interest to require small passenger vessels   /to be fitted with costly equipment that would be of little or no utility once Sea Areas A1 and A2 are   established. Given the route and conditions of the voyages routinely made by these small passenger   vessels, we find that it is reasonable to grant these small passenger vessels a temporary, conditional waiver   Lof certain of the Commission's GMDSS rules by extending the termination date of the general exemption  SD-  lsupra. Thereby we exempt these small passenger vessels both from the carriage of radiotelegraph   equipment and certain equipment specified in the Commission's GMDSS rules, provided that these vessels   carry the equipment specified in the general exemption rule, Section 80.933. In so doing, we are   substituting the equipment specified in Section 80.933 of the Commission's Rules for that specified in  S-  Regulations 7 through 11 of Chapter IV of the SOLAS Convention, pursuant to Regulation 5 of Chapter  S-  I of the SOLAS Convention which permits substitution of equivalent equipment when such equipment will" ,>(>(ZZ"  S-  be at least as effective as that specified in the SOLAS Convention.Y\ {Oh- ԍSee Amendment of Part 80 of the Commission's Rules Concerning the General Exemption for Large Cargo  {O2-  iOceangoing Cargo Vessels and Small Passenger Vessels, WT Docket No. 93133, Report and Order, FCC 95447 (released Nov. 8, 1995) at  22.Y The small passenger vessel waiver   will be terminated by the Commission once the Coast Guard has notified the Commission that shorebased   Sea Area A1 and A2 coverage is established, at which time, small passenger vessels will be required to  S-fully comply with the Commission's GMDSS rules. yO- ԍThe Commission intends to provide at least six months notice before terminating the waiver of certain of the GMDSS rules as they apply to small passenger vessels.  S:-  _9.` ` By requiring small passenger vessels to continue to comply with the provisions of Section  S-  k80.933 of the Commission's Rules"D yO - ԍSection 80.933 of the Commission's Rules, 47 C.F.R.  80.933, is the General Small Passenger Exemption  {O -  which requires, inter alia, that small passenger vessels must carry a VHF radio and that, when such vessels navigate   more than three nautical miles from land, they must carry a NAVTEX receiver, an EPIRB, two SARTs and three portable VHF survival radios., notwithstanding the February 1, 1999, expiration date contained   therein, we will eliminate the need for vessel owners to file, and the Commission to process, individual   exemption requests for small passenger vessels. The waiver therefore avoids imposition of an unnecessary   {regulatory burden on vessel owners and spares the Commission from the administrative burden of   processing numerous individual exemption requests. The filing and processing of such requests would require administrative effort without any concomitant public interest benefit.  S -   10.` ` Fishing Vessels. Traditionally, fishing vessels have been treated as cargo vessels for the   purposes of the Commission's Rules. They are considered cargo vessels because the Communications Act  S -  defines "cargo ship" as "any ship not a passenger ship."K .  yOz-ԍ47 U.S.C.  153(39)(C).K Accordingly, fishing vessels have been required   to carry the radiotelegraph and radiotelephone equipment, including GMDSS equipment, specified for  S\-  cargo ships in the Communications Act and in the Commission's Rules.!\  {O-ԍSee 47 U.S.C.  351363; 47 C.F.R.  80.80180.879, 80.95180.1135. As a result, since August 1,   1993, fishing vessels of 300 gross tons or more have been required to carry a NAVTEX receiver for the  S -  reception of maritime safety information and a floatfree satellite EPIRB,@" P  yO- =ԍAll compulsory ships were required to comply with 47 C.F.R.  80.1085(a)(4) and 80.1085(a)(6) by August  {O-1, 1993, and with 47 C.F.R.  80.1095 by February 1, 1995. See 47 C.F.R.  80.1065(b)(1), 80.1065(b)(2). @ and, since February 1, 1995,  S-  such ships have been required to carry specified survival craft radio equipment.h# {O."-ԍSee 47 C.F.R.  80.1065(2), 80.1095.h Thus, to date, fishing  S-vessels of 300 gross tons or more have been subject to the Commission's GMDSS rules.U$< {O$-ԍSee 47 C.F.R.  80.1065(b).U "$,>(>(ZZ"Ԍ S-   11. FISH ` ` Representatives of the fishing industry% {Oh- ԍSee Letter dated September 1, 1998, from Fishing Industry Task Force on GMDSS/DSC (Messrs. Thorn   hSmith, et al.) to William E. Kennard, Chairman, Federal Communications Commission; Letter dated April 21, 1998,   to the Hon. Ted Stevens from the Kodiak Vessel Owners' Association, Alaska Groundfish Data Bank, United Catcher   JBoats, Deep Sea Fishermen's Union, Aleutians East Borough, Alaska Longline Fish Association, Unisea, Inc., Tyson   Seafood Group, Inc, NorQuest Seafoods, Inc. Petersburg Vessel Owners, Pacific Seafood Processing Association,   United Fishermen's Marketing Association, Inc., Alaska Draggers Association, North Pacific Longline Association,   Fishing Vessel Owners' Association, Alaska Crab Coalition, AtSea Processors Association, and Groundfish Forum  {O-  (Stevens Letter); Letter dated April 20, 1998, to the Hon. Slade Gorton from the North Pacific Fishing Vessel  {O-Owners' Association, Yardarm Knot, Inc. and Snopac Products, Inc. (Gorton Letter).ļ have claimed to the Commission& {O> - ԍSee Letter dated July 15, 1998, from the Hon. Frank Murkowski to William E. Kennard, Chairman, Federal Communications Commission. and to members  S-  yof Congress '  {Op - ԍId. See also Amendment to the Department of Commerce, Justice and State, the Judiciary and Related Agencies Appropriations Act of 1999, remarks of the Hon. Frank Murkowski, 144 Cong. Rec. S8854.  that requiring fishing vessels to comply with the DSC communications requirements of the  S-  GMDSS rules by February 1, 1999, would constitute an unnecessary financial burden.O(R  {O-ԍSee Stevens Letter at 1.O In this   connection, they argue that, because of the lack of shore coverage to support Sea Areas A1 and A2,  S`-  fishing vessels would be required to carry more expensive Sea Area A3 or A4 equipment.:)` {O-ԍId.: Moreover,   zthey urge that the Commission revisit its GMDSS rules, as they apply to fishing vessels, because the  S-  SOLAS Convention specifically exempts fishing vessels from the SOLAS GMDSS regulations.t*v {O&-ԍSee SOLAS Convention, Chapter I, Regulation 3 (a)(vi).t Further,   <they contend that, if the GMDSS is implemented on compulsory vessels ! which then discontinue standing   watch on the current distress channels (VHF Channel 16 and MF frequency 2182 kHz) ! smaller vessels,   lacking DSC capability, will have difficulty contacting the GMDSSequipped vessels in the event of an  Sr-  ]emergency.W+r {O-ԍSee Gorton Letter at 1, 2.W In order to more fully examine these issues, we believe it best to issue a temporary,   conditional waiver of certain of the Commission's GMDSS rules applicable to fishing vessels until we   .conclude a rule making proceeding addressing the concerns of the fishing industry and such other parties  S -  who may elect to participate. Accordingly, by this Order, we grant a temporary, conditional waiver, until   a date to be announced in the future, of the requirement that fishing vessels comply with certain provisions   of Part 80, Subpart W of the Commission's Rules requiring installation and use of GMDSS equipment.   yThe termination date of this waiver will be no less than six months after the Coast Guard has notified the   !Commission that Sea Area A1 and A2 coverage is established. This waiver is conditioned on the   requirement that, during the duration of the waiver, fishing vessels of 300 gross tons or greater shall   continue to comply with Commission GMDSS rules currently in effect, namely Sections 80.1085(a)(4)   (NAVTEX receiver), 80.1085(a)(6) (EPIRB) and 80.1095 (survival craft equipment) of the Commission's   zRules. Moreover, this waiver does not relieve fishing vessels from compliance with the provisions of Subparts Q and R of Part 80 of the Commission's Rules. "l+,>(>(ZZ"Ԍ S-   12.` ` Ship Radio Certificates. Without the relief afforded in this Order, the ship radio   certificates for small passenger ships on short voyages and fishing vessels would have expired on February   .1, 1999, unless GMDSS systems had been installed on those vessels. However, with the relief afforded   Nherein, those radio certificates will remain valid until the expiration dates contained thereon or the   .expiration of any renewal terms thereof; provided, however, that such ship radio certificates shall expire   with respect to a vessel on the date the Commission terminates the waiver granted hereby with respect to   such vessel. Moreover, Commissionauthorized inspectors will renew ship radio certificates, or issue new   ship radio certificates, to small passenger ships and fishing vessels that lack GMDSS installations,   provided those vessels meet the conditions imposed herein and otherwise comply with the Commission's Rules.  Sr-   SJ -w IV. ORDERING CLAUSES lU  S -   13.` ` IT IS ORDERED that, pursuant to the authority contained in Sections 4(i) and 303(r) of   .the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), that Subpart W of Part 80  S -  of the Commission's rules  IS TEMPORARILY WAIVED as it applies to small passenger vessels on the  S -  short voyages defined in Section 80.933 of the Commission's Rules,G,  yO-ԍ47 C.F.R.  80.933.G PROVIDED THAT such vessels   comply with the provisions of Section 80.933 of the Commission's Rules, notwithstanding the expiration  S2-  Ldates therein. IT IS FURTHER ORDERED that authority is delegated to the Chief of the Wireless   {Telecommunications Bureau to terminate said temporary, conditional waiver as it applies to small   passenger vessels at such time as the Chief of the Wireless Telecommunications Bureau deems appropriate   >after the Coast Guard has notified the Commission that shorebased Sea Area A1 and A2 coverage is   established but no sooner than six months following the establishment of shorebased coverage for Sea Areas A1 and A2.  S-  IT IS FURTHER ORDERED  that Subpart W of Part 80 of the Commission's Rules IS  S-  <TEMPORARILY AND PARTIALLY WAIVED as it applies to fishing vessels, as discussed herein]-X {O-ԍSee n. FISHING2 supra.]  S-   PROVIDED THAT fishing vessels shall abide by the provisions of Sections 80.1085(a)(4), 80.1085(a)(6)  S-and 80.1095 of the Commission's Rules.m. yO,-ԍ47 C.F.R.  80.1085(a)(4), 80.1085(a)(6) and 80.1095.m "zz.,>(>(ZZ"Ԍ S- hz   14. For further information, contact Michael J. Wilhelm, Wireless Telecommunications Bureau, 2025  !M Street N.W., Washington D.C. 20554, (202) 4180680, mwilhelm@fcc.gov, or Jim Shaffer, Wireless Telecommunications Bureau, 2025 M Street N.W., Washington D.C. 20554, (202) 4180680, jshaffer@fcc.gov. ` pVFEDERAL COMMUNICATIONS COMMISSION VMagalie Roman Salas VSecretary   S - t%Q