Sec.  80.59   Compulsory ship inspections.

   (a) Inspection of ships subject to the Communications Act or the Safety
   Convention.

   (1) The FCC will not normally conduct the required inspections of ships
   subject to the inspection requirements of the Communications Act or the
   Safety Convention.

   Note:  Nothing  in  this  section prohibits Commission inspectors from
   inspecting  ships.  The  mandatory inspection of U. S. vessels must be
   conducted  by  an  FCC-licensed  technician  holding  an  FCC  General
   Radiotelephone Operator License, GMDSS Radio Maintainer's License, Second
   Class Radiotelegraph Operator's Certificate, or First Class Radiotelegraph
   Operator's Certificate in accordance with the following table:
   Category of vessel Minimum class of FCC license required by private sector
   technician to conduct inspection—only one license required
   General radiotele-phone operator license GMDSS radio maintainer's license
   Second   class  radiotele-graph  operator's  certificate  First  class
   radiotele-graph operator's certificate
   Radiotelephone equipped vessels subject to 47 CFR part 80, subpart R or S
   √ √ √ √
   Radiotelegraph equipped vessels subject to 47 CFR part 80, subpart Q √ √
   GMDSS equipped vessels subject to 47 CFR part 80, subpart W or subpart Q √

   (2) A certification that the ship has passed an inspection must be entered
   into the ship's log by the inspecting technician. The technician conducting
   the inspection and providing the certification must not be the vessel's
   owner, operator, master, or employee or their affiliates. Additionally, the
   vessel owner, operator, or ship's master must certify in the station log
   that  the  inspection  was satisfactory. There are no FCC prior notice
   requirements  for  any inspection pursuant to paragraph (a)(1) of this
   section. An inspection of the bridge-to-bridge radio stations on board
   vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act must be
   conducted by the same FCC-licensed technician.

   (3) Additionally, for passenger vessels operated on an international voyage
   the inspecting technician 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.

   (4) In the event that a ship fails to pass an inspection the inspecting
   technician must make a log entry 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.

   (5) Because such inspections are intended to ensure the availability of
   communications capability during a distress the Commission will vigorously
   investigate  reports  of  fraudulent inspections, or violations of the
   Communications Act or the Commission's Rules related to ship inspections.
   FCC-licensed  technicians, ship owners or operators should report such
   violations to the Commission through its National Call Center at 1–888–CALL
   FCC (1–888–225–5322).

   (b)  Inspection and certification of a ship subject to the Great Lakes
   Agreement.  The FCC will not inspect Great Lakes Agreement vessels. An
   inspection and certification of a ship subject to the Great Lakes Agreement
   must be made by a technician holding one of the following: an FCC General
   Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a
   Second  Class  Radiotelegraph Operator's Certificate, or a First Class
   Radiotelegraph Operator's Certificate. The certification required by  Sec. 80.953
   must  be  entered  into  the ship's log. The technician conducting the
   inspection and providing the certification must not be the vessel's owner,
   operator, master, or an employee of any of them. Additionally, the vessel
   owner, operator, or ship's master must certify that the inspection was
   satisfactory. There are no FCC prior notice requirements for any inspection
   pursuant to  Sec. 80.59(b).

   (c) Application for exemption. (1) Applications for exemption from the radio
   provisions of part II or III of title III of the Communications Act, the
   Safety Convention, or the Great Lakes Radio Agreement, or for modification
   or renewal of an exemption previously granted must be filed as a waiver
   request using FCC Form 605. Waiver requests must include the following
   information:

   (i) Name of ship;

   (ii) Call sign of ship;

   (iii) Official number of ship;

   (iv) Gross tonnage of ship;

   (v) The radio station requirements from which the exemption is requested:

   (A) Radiotelephone (VHF/MF);

   (B) Radiotelegraph; and/or

   (C) Radio direction finding apparatus;

   (vi) File number of any previously granted exemption;

   (vii)  Detailed  description of the voyages for which the exemption is
   requested, including:

   (A) Maximum distance from nearest land in nautical miles;

   (B) Maximum distance between two consecutive ports in nautical miles; and

   (C) Names of all ports of call and an indication of whether travel will
   include a foreign port;

   (viii) Reasons for the exemption:

   (A) Size of vessel;

   (B) Variety of radio equipment on board;

   (C) Limited routes; and/or

   (D) Conditions of voyages;

   (ix) A copy of the U.S. Coast Guard Certificate of Inspection an indication
   of  whether  the vessel is certified as a Passenger or Cargo ship (for
   passenger ships, list the number of passengers the ship is licensed to
   carry); and

   (x) Type and quantity of radio equipment on board, including:

   (A) VHF Radio Installation (indicate if GMDSS approved);

   (B) Single Side-Band (SSB) (indicate the band of operation, MF or HF and
   indicate if GMDSS approved);

   (C) Category 1, 406 MHz EPIRB (GMDSS approved);

   (D) NAVTEX Receiver (GMDSS approved);

   (E) Survival Craft VHF (GMDSS approved);

   (F) 9 GHz Radar Transponder (GMDSS approved);

   (G) Ship Earth Station;

   (H) 2182 Radiotelephone Auto Alarm

   (I) Reserve Power Supply (capability); and

   (J) Any other equipment.

   (2) Feeable applications for exemption must be filed with Mellon Bank,
   Pittsburgh,  Pennsylvania  at the address set forth in  Sec. 1.1102. Waiver
   requests that do not require a fee should be submitted via the Universal
   Licensing System or to: Federal Communications Commission, 1270 Fairfield
   Road, Gettysburg, Pennsylvania 17325–7245. Emergency requests must be filed
   with the Federal Communications Commission, Office of the Secretary, 445
   Twelfth Street, SW., TW-B204, Washington, DC 20554.

   Note: With emergency requests, do not send the fee, you will be billed.

   (d) Waiver of annual inspection. (1) The Commission may, upon a finding that
   the public interest would be served, grant a waiver of the annual inspection
   required by Section 362(b) of the Communications Act, 47 U.S.C. 360(b), for
   a period of not more than 90 days for the sole purpose of enabling a United
   States vessel to complete its voyage and proceed to a port in the United
   States where an inspection can be held. An informal application must be
   submitted by the ship's owner, operator or authorized agent. The application
   must 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:

   (i) The ship's name and radio call sign;

   (ii) The name of the first United States port of arrival directly from a
   foreign port;

   (iii) The date of arrival;

   (iv) The date and port at which annual inspection will be formally requested
   to be conducted;

   (v)  The  reason  why an FCC-licensed technician could not perform the
   inspection; and

   (vi) A statement that the ship's compulsory radio equipment is operable.

   (2) Vessels that are navigated on voyages outside of the United States for
   more  than 12 months in succession are exempted from annual inspection
   required by section 362(b) of the Communications Act, provided that the
   vessels comply with all applicable requirements of the Safety Convention,
   including the annual inspection required by Regulation 9, Chapter I, and the
   vessel is inspected by an FCC-licensed technician in accordance with this
   section within 30 days of arriving in the United States.

   [ 51 FR 31213 , Sept. 2, 1986, as amended at  56 FR 64715 , Dec. 12, 1991;  60 FR 50122 , Sept. 28, 1995;  61 FR 8478 , Mar. 5, 1996;  61 FR 25805 , May 23, 1996;
    63 FR 29658 , June 1, 1998;  63 FR 68956 , Dec. 14, 1998;  64 FR 53241 , Oct. 1,
   1999;  68 FR 46960 , Aug. 7, 2003;  69 FR 64671 , Nov. 8, 2004]