Goto Section: 80.57 | 80.60 | Table of Contents
FCC 80.59
Revised as of October 1, 2008
Goto Year:2007 |
2009
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 U.S. Bank, P.O.
Box 979097, St. Louis, MO 63197–9000 at the address set forth in Sec. 1.1102.
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; 73 FR 9031 , Feb.
19, 2008]
Goto Section: 80.57 | 80.60
Goto Year: 2007 |
2009
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