Commercial Radio Operators, 23150-23158 [2013-02372]
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Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, 13, 80 and 87
[WT Docket No. 10–177; FCC 13–4]
Commercial Radio Operators
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends our
rules concerning commercial radio
operator licenses for maritime and
aviation radio stations in order to
reduce administrative burdens in the
public’s interest.
DATES: Effective May 20, 2013, except
for amendments to §§ 1.913(d)(1)(vi),
13.9(c), and 13.13(c), which contain
information collection requirements that
are not effective until approved by the
Office of Management and Budget
(‘‘OMB’’). The FCC will publish a
document in the Federal Register
announcing the effective date for those
sections.
FOR FURTHER INFORMATION CONTACT:
Stana Kimball, Mobility Division,
Wireless Telecommunications Bureau,
(202) 418–1306, TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Report
and Order (R&O), WT Docket No. 10–
177, FCC 13–4, adopted January 8, 2013,
and released January 8, 2013. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street SW., Room CY–
A257, Washington, DC 20554, or by
downloading the text from the
Commission’s Web site at https://
www.fcc.gov/Daily_Releases/
Daily_Digest/2013/130109.html. The
complete text also may be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street SW., Suite
CY–B402, Washington, DC 20554.
Alternative formats are available for
people with disabilities (Braille, large
print, electronic files, audio format), by
sending an email to FCC504@fcc.gov or
calling the Consumer and Government
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
1. The Federal Communications
Commission’s (Commission) rules
require that a person who operates,
maintains, or conducts the mandatory
inspection of certain maritime and
aviation radio stations hold an
appropriate commercial radio operator
license. The Commission initiated this
proceeding to amend the part 13
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SUMMARY:
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Commercial Radio Operator rules, and
related rules in parts 0, 1, 80, and 87
regarding certain functions performed
by licensed commercial radio operators,
to determine which rules could be
clarified, streamlined, or eliminated in
order to reduce administrative burdens
and make the rules easier to use. The
Commission takes the following
significant actions in the R&O in WT
Docket No. 10–177: (1) Consolidating
the three classes of radiotelegraph
operator’s certificates; (2) eliminating
redundant and outdated restrictive
endorsements; (3) modifying certain
procedural and recordkeeping
requirements applicable to commercial
operator license examination managers
(COLEMs); and (4) clarifying the rules
that pertain to log-keeping
requirements. In addition, we decline to
change the current process for
maintaining question pools, and the
rules that pertain to equipment testing
intervals.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. This document contains modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
has been submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
PRA. OMB, the general public, and
other Federal agencies are invited to
comment on the new or modified
information collection requirements
contained in this proceeding. In
addition, the Commission notes that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
it previously sought specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
3. In the present document, the
Commission has assessed the effects of
our requirements that COLEMs filing
applications on behalf of applicants
submit the information electronically,
and believe the burden will be minimal.
Therefore, we find that these modified
information collection requirements
will not impose a substantial burden on
businesses with fewer than 25
employees.
B. Report to Congress
4. The Commission will send a copy
of this R&O in a report to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
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C. Final Regulatory Flexibility Analysis
5. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notice of Proposed Rule Making NPRM,
in WT Docket 10–177, at 75 FR 66709,
October 29, 2010. The Commission
sought written public comment on the
proposals in the NPRM, including
comment on the IRFA. This present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Need for, and Objectives of, the Report
and Order
6. We believe it is appropriate to
review our regulations relating to
commercial radio operators to
determine which rules can be clarified,
streamlined or eliminated. In this R&O,
we make miscellaneous amendments
that are intended to clarify part 13 rules,
including the elimination of rules that
refer to outdated services, equipment,
and technology. Specifically, to reflect
advancements in the radio telegraph
technology, by this R&O, the
Commission ceases to grant new First
Class Radiotelegraph Operator’s
Certificates because the one-year
radiotelegraph experience requirement
is almost impossible to meet, and
consolidates the remaining two classes
of radiotelegraph operator’s certificates
in one. It also eliminates redundant and
outdated restrictive endorsements;
modifies certain procedural and
recordkeeping requirements applicable
to COLEMs; and clarifies the rules that
pertain to log-keeping requirements. In
addition, this R&O makes changes to
rules contained in parts 0, 1, 80, and 87
that relate to commercial radio operator
services.
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
7. There were no comments that
specifically addressed the IRFA.
Nonetheless, we have considered the
potential impact of the rules adopted
herein on small entities, and conclude
that such impact would be minimal, in
terms of measurable economic costs
associated with compliance with the
rules.
Description and Estimate of the Number
of Small Entities to Which Rules Will
Apply
8. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
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‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
9. Commercial radio licenses are
issued only to individuals. Individuals
are not ‘‘small entities’’ under the RFA.
10. Individual licensees are tested by
COLEMs. The Commission has not
developed a definition for a small
business or small organization that is
applicable for COLEMs. All or almost all
of the nine COLEM organizations would
appear to meet the RFA definition for
small business or small organization.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
11. COLEMs would be required to
retain certain records for three years,
instead of the existing one-year
retention period; but would submit that
information to the Commission only
upon request, instead submitting it on a
regular schedule as occurs presently.
This would effectively eliminate the
existing economic burden related to the
reporting requirement, and it would not
create any additional measurable
economic burden in connection with
the extended recordkeeping
requirement. COLEMs would also be
required to provide examination results
to examinees within three business
days, and to use electronic filing when
submitting applications on behalf of
examinees. Because almost all COLEMs
already meet both of these requirements,
this also would create no additional
economic burden on COLEMs.
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
12. The RFA requires an agency to
describe the steps it has taken to
minimize the significant economic
impact on small entities consistent with
the stated objectives of applicable
statutes, including a statement of the
factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.
13. We believe the changes adopted in
this R&O will promote flexibility and
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more efficient use of the spectrum,
without creating administrative burdens
on COLEMs. Many of the adopted
changes constitute clarification of
existing requirements or elimination of
reporting requirements and other rules
that are outdated. No commenter
identified any less burdensome
alternatives that would be consistent
with the item’s objectives and the
Commission’s goals and responsibilities.
F. Report to Congress
14. The Commission will send a copy
of the R&O in WT Docket No. 10–177,
including the Final Regulatory
Flexibility Analysis, in a report to be
sent to Congress and the Congressional
Budget Office pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
R&O in WT Docket No. 10–177,
including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the SBA. A
copy of the R&O in WT Docket No. 10–
177 and the Final Regulatory Flexibility
Analysis (or summaries thereof) will
also be published in the Federal
Register.
List of Subjects
47 CFR Part 0
Organization and functions
(Government agencies).
47 CFR Part 1
Administrative practice and
procedure, Communications common
carriers, Telecommunications.
47 CFR Part 13
Communications equipment, Radio.
47 CFR Part 80
Communications equipment, Radio.
47 CFR Part 87
Air transportation, Communications
equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0, 1,
13, 80, and 87 as follows:
PART 0—COMMISSION
ORGANIZATION
§ 0.111
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Functions of the Bureau.
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(e) Coordinate with and assist the
Wireless Telecommunications Bureau
with respect to the Commission’s
privatized ship radio inspection
program.
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3. Section 0.131 is amended by
revising paragraph (j) and adding
paragraphs (r)(1) and (r)(2) to read as
follows:
■
§ 0.131
Functions of the Bureau.
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(j) Administers the Commission’s
commercial radio operator program
(part 13 of this chapter); the
Commission’s program for registration,
construction, marking and lighting of
antenna structures (part 17 of this
chapter), and the Commission’s
privatized ship radio inspection
program (part 80 of this chapter).
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(r)(1) Extends the Communications
Act Safety Radiotelephony Certificate
for a period of up to 90 days beyond the
specified expiration date.
(2) Grants emergency exemption
requests, extensions or waivers of
inspection to ships in accordance with
applicable provisions of the
Communications Act, the Safety
Convention, the Great Lakes Agreement
or the Commission’s rules.
§ 0.314
[Amended]
4. Section 0.314 is amended by
removing paragraph (b), and
redesignating paragraphs (c) through (j)
as paragraphs (b) through (i).
■ 5. Section 0.483 is amended by
revising paragraph (b) to read as follows:
■
§ 0.483 Applications for amateur or
commercial radio operator licenses.
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(b) Application filing procedures for
commercial radio operator licenses are
set forth in part 13 of this chapter.
§ 0.489
[Removed and reserved].
6. Section 0.489 is removed and
reserved.
■
PART 1—PRACTICE AND
PROCEDURE
■
7. The authority citation for part 1
continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as
amended; 47 U.S.C. 155.
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309.
■
1. The authority citation for Part 0
continues to read as follows:
2. Section 0.111 is amended by
revising paragraph (e) to read as follows:
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8. Section 1.85 is revised to read as
follows:
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Suspension of operator licenses.
Whenever grounds exist for
suspension of an operator license, as
provided in § 303(m) of the
Communications Act, the Chief of the
Wireless Telecommunications Bureau,
with respect to amateur and commercial
radio operator licenses, may issue an
order suspending the operator license.
No order of suspension of any operator’s
license shall take effect until 15 days’
notice in writing of the cause for the
proposed suspension has been given to
the operator licensee, who may make
written application to the Commission
at any time within the said 15 days for
a hearing upon such order. The notice
to the operator licensee shall not be
effective until actually received by him,
and from that time he shall have 15 days
in which to mail the said application. In
the event that physical conditions
prevent mailing of the application
before the expiration of the 15-day
period, the application shall then be
mailed as soon as possible thereafter,
accompanied by a satisfactory
explanation of the delay. Upon receipt
by the Commission of such application
for hearing, said order of suspension
shall be designated for hearing by the
Chief, Wireless Telecommunications
Bureau and said suspension shall be
held in abeyance until the conclusion of
the hearing. Upon the conclusion of said
hearing, the Commission may affirm,
modify, or revoke said order of
suspension. If the license is ordered
suspended, the operator shall send his
operator license to the Mobility
Division, Wireless Telecommunications
Bureau, in Washington, DC, on or before
the effective date of the order, or, if the
effective date has passed at the time
notice is received, the license shall be
sent to the Commission forthwith.
■ 9. Section 1.913 is amended by
revising paragraph (d)(1)(vi) to read as
follows:
§ 1.913 Application and notification forms;
electronic and manual filing.
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(d) * * *
(1) * * *
(vi) Part 13 Commercial Radio
Operators (individual applicants only;
commercial operator license
examination managers must file
electronically, see § 13.13(c) of this
part); and
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PART 13—COMMERCIAL RADIO
OPERATORS
10. The authority citation for part 13
continues to read as follows:
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Authority: Secs. 4, 303, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303.
11. Section 13.5 is revised to read as
follows:
■
§ 13.5 Licensed commercial radio operator
required.
Rules that require FCC station
licensees to have certain transmitter
operation, maintenance, and repair
duties performed by a commercial radio
operator are contained in parts 80 and
87 of this chapter.
■ 12. Section 13.7 is amended by
revising paragraphs (b) introductory
text, (b)(1) through (b)(3) and (c),,
redesignating paragraphs (b)(4) through
(b)(11) as paragraphs (b)(5) through
(b)(12), and adding a new paragraph
(b)(4).
The revisions and additions read as
follows:
§ 13.7 Classification of operator licenses
and endorsements.
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(b) There are twelve types of
commercial radio operator licenses,
certificates and permits (licenses). The
license’s ITU classification, if different
from its name, is given in parentheses.
(1) First Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new First
Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(2) Second Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new
Second Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(3) Third Class Radiotelegraph
Operator’s Certificate (radiotelegraph
operator’s special certificate). Beginning
May 20, 2013, no applications for new
Third Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(4) Radiotelegraph Operator License.
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(c) There are three license
endorsements affixed by the FCC to
provide special authorizations or
restrictions. Endorsements may be
affixed to the license(s) indicated in
parentheses.
(1) Ship Radar Endorsement (First and
Second Class Radiotelegraph Operator’s
Certificates, Radiotelegraph Operator
License, General Radiotelephone
Operator License, GMDSS Radio
Maintainer’s License).
(2) Six Months Service Endorsement
(First and Second Class Radiotelegraph
Operator’s Certificates, Radiotelegraph
Operator License)
(3) Restrictive endorsements relating
to physical disability, English language
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or literacy waivers, or other matters (all
licenses).
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■ 13. Section 13.8 is amended by
revising paragraphs (a), (b), (d), (e), and
(f), and adding new paragraph (g), to
read as follows:
§ 13.8
Authority conveyed.
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(a) A First Class Radiotelegraph
Operator’s Certificate conveys all of the
operating authority of the Second Class
Radiotelegraph Operator’s Certificate,
the Third Class Radiotelegraph
Operator’s Certificate, the
Radiotelegraph Operator License, the
Restricted Radiotelephone Operator
Permit, and the Marine Radio Operator
Permit.
(b) A Radiotelegraph Operator License
conveys all of the operating authority of
the Second Class Radiotelegraph
Operator’s Certificate, which conveys all
of the operating authority of the Third
Class Radiotelegraph Operator’s
Certificate, the Restricted
Radiotelephone Operator Permit, and
the Marine Radio Operator Permit.
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(d) A General Radiotelephone
Operator License conveys all of the
operating authority of the Marine Radio
Operator Permit and the Restricted
Radiotelephone Operator Permit.
(e) A GMDSS Radio Operator’s
License conveys all of the operating
authority of the Marine Radio Operator
Permit and the Restricted
Radiotelephone Operator Permit.
(f) A GMDSS Radio Maintainer’s
License conveys all of the operating
authority of the General Radiotelephone
Operator License, the Marine Radio
Operator Permit, and the Restricted
Radiotelephone Operator Permit.
(g) A Marine Radio Operator Permit
conveys all of the authority of the
Restricted Radiotelephone Operator
Permit.
■ 14. Section 13.9 is amended by
revising paragraphs (b), (c), (d)(1), (d)(2),
and (f)(4), and adding paragraph (d)(3)
to read as follows:
§ 13.9 Eligibility and application for new
license or endorsement.
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(b) Each application for a new General
Radiotelephone Operator License,
Marine Radio Operator Permit,
Radiotelegraph Operator License, Ship
Radar Endorsement, Six Months Service
Endorsement, GMDSS Radio Operator’s
License, Restricted GMDSS Radio
Operator’s License, GMDSS Radio
Maintainer’s License, GMDSS Radio
Operator/Maintainer License, Restricted
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Radiotelephone Operator Permit, or
Restricted Radiotelephone Operator
Permit–Limited Use must be filed on
FCC Form 605 in accordance with
§ 1.913 of this chapter.
(c) Each application for a new General
Radiotelephone Operator License,
Marine Radio Operator Permit,
Radiotelegraph Operator License, Ship
Radar Endorsement, GMDSS Radio
Operator’s License, Restricted GMDSS
Radio Operator’s License, GMDSS Radio
Maintainer’s License, or GMDSS Radio
Operator/Maintainer License must be
accompanied by the required fee, if any,
and submitted in accordance with
§ 1.913 of this chapter. The application
must include an original PPC(s) from a
COLEM(s) showing that the applicant
has passed the necessary examination
Element(s) within the previous 365 days
when the applicant files the application.
If a COLEM files the application on
behalf of the applicant, an original
PPC(s) is not required. However, the
COLEM must keep the PPC(s) on file for
a period of 1 year. When acting on
behalf of qualified examinees, the
COLEM must forward all required data
to the FCC electronically.
(d) * * *
(1) An unexpired (or within the grace
period) FCC-issued commercial radio
operator license: Except as noted in
paragraph (d)(3) of this section, the
written examination and telegraphy
Element(s) required to obtain the license
held;
(2) An expired or unexpired FCCissued Amateur Extra Class operator
license grant granted before April 15,
2000: Telegraphy Elements 1 and 2; and
(3) An FCC-issued Third Class
Radiotelegraph Operator’s Certificate
that was renewed as a Marine Radio
Operator Permit (see § 13.13(b) of this
chapter) that is unexpired (or within the
grace period): Telegraphy Elements 1
and 2.
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(f) * * *
(4) The applicant held a FCC-issued
First Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, or Radiotelegraph
Operator License during this entire six
month qualifying period; and
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■ 15. Section 13.10 is revised to read as
follows:
§ 13.10
Licensee address.
In accordance with § 1.923 of this
chapter, all applicants (except
applicants for a Restricted
Radiotelephone Operator Permit or a
Restricted Radiotelephone Operator
Permit–Limited Use) must specify an
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address where the applicant can receive
mail delivery by the United States
Postal Service. Suspension of the
operator license may result when
correspondence from the FCC is
returned as undeliverable because the
applicant failed to provide the correct
mailing address.
■ 16. Section 13.11 is amended by
revising paragraph (a) to read as follows:
§ 13.11 Holding more than one commercial
radio operator license.
(a) An eligible person may hold more
than one commercial operator license.
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■ 17. Section 13.13 is revised to read as
follows:
§ 13.13 Application for a renewed or
modified license.
(a) Each application to renew a First
Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, Third Class
Radiotelegraph Operator’s Certificate, or
Radiotelegraph Operator License must
be made on FCC Form 605. The
application must be accompanied by the
appropriate fee and submitted in
accordance with § 1.913 of this chapter.
Beginning May 20, 2013, First and
Second Class Radiotelegraph Operator’s
Certificates will be renewed as
Radiotelegraph Operator Licenses, and
Third Class Radiotelegraph Operator’s
Certificates will be renewed as Marine
Radio Operator Permits.
(b) If a license expires, application for
renewal may be made during a grace
period of five years after the expiration
date without having to retake the
required examinations. The application
must be accompanied by the required
fee and submitted in accordance with
§ 1.913 of this chapter. During the grace
period, the expired license is not valid.
A license renewed during the grace
period will be effective as of the date of
the renewal. Licensees who fail to
renew their licenses within the grace
period must apply for a new license and
take the required examination(s).
Beginning May 20, 2013, no
applications for new First, Second, or
Third Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(c) Each application involving a
change in operator class must be filed
on FCC Form 605. Each application for
a commercial operator license involving
a change in operator class must be
accompanied by the required fee, if any,
and submitted in accordance with
§ 1.913 of this chapter. The application
must include an original PPC(s) from a
COLEM(s) showing that the applicant
has passed the necessary examination
Element(s) within the previous 365 days
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23153
when the applicant files the application.
If a COLEM files the application on
behalf of the applicant, an original
PPC(s) is not required. However, the
COLEM must keep the PPC(s) on file for
a period of 1 year. When acting on
behalf of qualified examinees, the
COLEM must forward all required data
to the FCC electronically.
(d) Provided that a person’s
commercial radio operator license was
not revoked, or suspended, and is not
the subject of an ongoing suspension
proceeding, a person holding a General
Radiotelephone Operator License,
Marine Radio Operator Permit, First
Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, Third Class
Radiotelegraph Operator’s Certificate,
Radiotelegraph Operator License,
GMDSS Radio Operator’s License,
GMDSS Radio Maintainer’s License, or
GMDSS Radio Operator/Maintainer
License, who has an application for
another commercial radio operator
license which has not yet been acted
upon pending at the FCC and who holds
a PPC(s) indicating that he or she passed
the necessary examination(s) within the
previous 365 days, is authorized to
exercise the rights and privileges of the
license for which the application is
filed. This temporary conditional
operating authority is valid for a period
of 90 days from the date the application
is received. This temporary conditional
operating authority does not relieve the
licensee of the obligation to comply
with the certification requirements of
the Standards of Training, Certification
and Watchkeeping (STCW) Convention.
The FCC, in its discretion, may cancel
this temporary conditional operating
authority without a hearing.
(e) An applicant will be given credit
for an examination element as specified
below:
(1) An unexpired (or within the grace
period) FCC-issued commercial radio
operator license: Except as noted in
paragraph (e)(3) of this section, the
written examination and telegraphy
Element(s) required to obtain the license
held;
(2) An expired or unexpired FCCissued Amateur Extra Class operator
license grant granted before April 15,
2000: Telegraphy Elements 1 and 2; and
(3) An FCC-issued Third Class
Radiotelegraph Operator’s Certificate
that was renewed as a Marine Radio
Operator Permit (see § 13.13(b) of this
chapter) that is unexpired (or within the
grace period): Telegraphy Elements 1
and 2.
■ 18. Section 13.15 is revised to read as
follows:
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§ 13.15
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License term.
First Class Radiotelegraph Operator’s
Certificates, Second Class
Radiotelegraph Operator’s Certificates,
and Third Class Radiotelegraph
Operator’s Certificates are normally
valid for a term of five years from the
date of issuance. All other commercial
radio operator licenses are normally
valid for the lifetime of the holder.
■ 19. Section 13.17 is amended by
removing paragraph (d), redesignating
paragraph (e) as paragraph (d), and
revising paragraphs (a), (b), and (c) to
read as follows:
§ 13.17
Replacement license.
(a) Each licensee or permittee whose
original document is lost, mutilated, or
destroyed may request a replacement.
The application must be accompanied
by the required fee and submitted to the
address specified in part 1 of the rules.
(b) Each application for a replacement
General Radiotelephone Operator
License, Marine Radio Operator Permit,
First Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, Third Class
Radiotelegraph Operator’s Certificate,
Radiotelegraph Operator Certificate,
GMDSS Radio Operator’s License,
Restricted GMDSS Radio Operator’s
License, GMDSS Radio Maintainer’s
License, or GMDSS Radio Operator/
Maintainer License must be made on
FCC Form 605 and must include a
written explanation as to the
circumstances involved in the loss,
mutilation, or destruction of the original
document.
(c) Each application for a replacement
Restricted Radiotelephone Operator
Permit or Restricted Radiotelephone
Operator Permit-Limited Use must be on
FCC Form 605.
*
*
*
*
*
■ 20. Section 13.19 is amended by
revising paragraph (b)(3) to read as
follows:
§ 13.19
Operator’s responsibility.
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*
*
*
*
*
(b) * * *
(3) The class, serial number, and
expiration date (if applicable) of the
license when the FCC has issued the
operator a license; or the PPC serial
number(s) and date(s) of issue when the
operator is awaiting FCC action on an
application.
*
*
*
*
*
■ 21. Section 13.201 is amended by
removing paragraphs (b)(1) and (b)(3),
redesignating paragraph (b)(2) as (b)(1)
and paragraphs (b)(4) through (9) as
paragraphs (b)(2) through (7), and
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revising redesignated paragraph (b)(1) to
read as follows:
§ 13.201 Qualifying for a commercial
operator license or endorsement.
*
*
*
*
*
(b) * * *
(1) Radiotelegraph Operator License.
(i) Telegraphy Elements 1 and 2;
(ii) Written Elements 1 and 6.
*
*
*
*
*
■ 22. Section 13.203 is amended by
revising paragraph (a)(1) and (a)(2), and
by removing paragraphs (a)(3), (b)(3),
and (b)(4), and redesignating paragraphs
(a)(4) through (8) as paragraphs (a)(3)
through (7) to read as follows:
§ 13.203
Examination elements.
(a) * * *
(1) Element 1: Basic radio law and
operating practice with which every
maritime radio operator should be
familiar. Questions concerning
provisions of laws, treaties, regulations,
and operating procedures and practices
generally followed or required in
communicating by means of
radiotelephone stations.
(2) Element 3: General
radiotelephone. Questions concerning
electronic fundamentals and techniques
required to adjust, repair, and maintain
radio transmitters and receivers at
stations licensed by the FCC in the
aviation and maritime radio services.
*
*
*
*
*
■ 23. Section 13.209 is amended by
revising paragraphs (d), and (g), and by
removing paragraph (e), and
redesignating paragraphs (f) through (j)
as (e) through (i) to read as follows:
§ 13.209
Examination procedures.
*
*
*
*
*
(d) Passing a telegraphy examination.
Passing a telegraphy receiving
examination is adequate proof of an
examinee’s ability to both send and
receive telegraphy. The COLEM,
however, may also include a sending
segment in a telegraphy examination.
(1) To pass a receiving telegraphy
examination, an examinee is required to
receive correctly the message by ear, for
a period of 1 minute without error at the
rate of speed specified in § 13.203(b).
(2) To pass a sending telegraphy
examination, an examinee is required to
send correctly for a period of one
minute at the rate of speed specified in
§ 13.203(b).
*
*
*
*
*
(g) No applicant who is eligible to
apply for any commercial radio operator
license shall, by reason of any physical
disability, be denied the privilege of
applying and being permitted to attempt
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to prove his or her qualifications (by
examination if examination is required)
for such commercial radio operator
license in accordance with procedures
established by the COLEM.
*
*
*
*
*
■ 24. Section 13.211 is amended by
revising paragraph (e) to read as follows:
§ 13.211 Commercial radio operator
license examination.
*
*
*
*
*
(e) Within 3 business days of
completion of the examination
Element(s), the COLEM must provide
the results of the examination to the
examinee and the COLEM must issue a
PPC to an examinee who scores a
passing grade on an examination
Element.
*
*
*
*
*
■ 25. Section 13.217 is revised to read
as follows:
§ 13.217
Records.
Each COLEM recovering fees from
examinees must maintain records of
expenses and revenues, frequency of
examinations administered, and
examination pass rates. Records must
cover the period from January 1 to
December 31 of the preceding year and
must be submitted as directed by the
Commission. Each COLEM must retain
records for 3 years and the records must
be made available to the FCC upon
request.
PART 80—STATIONS IN THE
MARITIME SERVICES
26. The authority citation for part 80
continues to read as follows:
■
Authority: Secs. 4, 303, 307(e), 309, and
332, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat.
1064–1068, 1081–1105, as amended; 47
U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST
4726, 12 UST 2377.
27. Section 80.59 is amended by
revising the note and table in paragraph
(a)(1), and paragraph (b) to read as
follows:
■
§ 80.59
Compulsory ship inspections.
(a) * * *
(1) * * *
Note: Nothing in this section prohibits
Commission inspectors from inspecting
ships. The mandatory inspection of U.S.
vessels must be conducted by an FCClicensed technician holding an FCC General
Radiotelephone Operator License, GMDSS
Radio Maintainer’s License, Second Class
Radiotelegraph Operator’s Certificate, First
Class Radiotelegraph Operator’s Certificate,
or Radiotelegraph Operator License in
accordance with the following table:
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Minimum class of FCC license required by private sector technician to conduct
inspection—only one license required
Category of vessel
General radiotelephone operator
license
GMDSS radio
maintainer’s
license
Radiotelegraph operator license (formerly
second class radiotelegraph operator’s
certificate)
First class radiotelegraph operator’s
certificate.
Radiotelephone equipped vessels subject to
47 CFR part 80, subpart R or S.
GMDSS equipped vessels subject to 47 CFR
part 80, subpart W.
√
√
√
√
....................................
√
....................................
....................................
*
*
*
*
*
(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, a First Class Radiotelegraph
Operator’s Certificate, or a
Radiotelegraph Operator License. The
certification required by § 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 § 80.59(b).
*
*
*
*
*
■ 28. Section 80.151 is amended by
revising paragraphs (b)(9) through (11),
adding a new paragraph (b)(12), and
revising paragraphs (c)(1) through (3) to
read as follows:
§ 80.151 Classification of operator
licenses and endorsements.
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*
*
*
*
*
(b) * * *
(9) T–3. Third Class Radiotelegraph
Operator’s Certificate (radiotelegraph
operator’s special certificate). Beginning
May 20, 2013, no applications for new
Third Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(10) T–2. Second Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new
Second Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(11) T–1. First Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new First
Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
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(12) T. Radiotelegraph Operator
License.(c) * * *
(1) Ship Radar endorsement (First
Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, Radiotelegraph
Operator License, General
Radiotelephone Operator License).
(2) Six Months Service endorsement
(First Class Radiotelegraph Operator’s
Certificate, Second Class Radiotelegraph
Operator’s Certificate, Radiotelegraph
Operator License).
(3) Restrictive endorsements; relating
to physical disabilities, English
language or literacy waivers, or other
matters (all licenses).
■ 29. Section 80.157 is revised to read
as follows:
§ 80.157
Radio officer defined.
A radio officer means a person
holding a First Class Radiotelegraph
Operator’s Certificate, Second Class
Radiotelegraph Operator’s Certificate, or
Radiotelegraph Operator License issued
by the Commission, who is employed to
operate a ship radio station in
compliance with Part II of Title II of the
Communications Act. Such a person is
also required to be licensed as a radio
officer by the U.S. Coast Guard when
employed to operate a ship
radiotelegraph station.
■ 30. Section 80.159 is amended by
revising paragraphs (a) and (b) to read
as follows:
§ 80.159 Operator requirements of Title III
of the Communications Act and the Safety
Convention.
(a) Each telegraphy passenger ship
equipped with a radiotelegraph station
in accordance with Part II of Title III of
the Communications Act must carry two
radio officers holding a First Class
Radiotelegraph Operator’s Certificate,
Second Class Radiotelegraph Operator’s
Certificate, or Radiotelegraph Operator
License.
(b) Each cargo ship equipped with a
radiotelegraph station in accordance
with Part II of Title II of the
Communications Act and which has a
radiotelegraph auto alarm must carry a
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radio officer holding a First Class
Radiotelegraph Operator’s Certificate,
Second Class Radiotelegraph Operator’s
Certificate, or Radiotelegraph Operator
License who has had at least six months
service as a radio officer on board U.S.
ships. If the radiotelegraph station does
not have an auto alarm, a second radio
officer who holds a First Class
Radiotelegraph Operator’s Certificate,
Second Class Radiotelegraph Operator’s
Certificate, or Radiotelegraph Operator
License must be carried.
*
*
*
*
*
31. Section 80.165 is amended by
revising the table entry for ‘‘Ship Morse
telegraph’’ to read as follows:
■
§ 80.165 Operator requirements for
voluntary stations.
MINIMUM OPERATOR LICENSE
Ship Morse telegraph ......................
*
*
*
T.
*
*
32. Section 80.167 is amended by
revising the introductory text to read as
follows:
■
§ 80.167
Limitations on operators.
The operator of maritime radio
equipment other than T–1, T–2, T, or G
licensees must not:
*
*
*
*
*
33. Section 80.169 is amended by
revising paragraphs (a) and (b) to read
as follows:
■
§ 80.169 Operators required to adjust
transmitters or radar.
(a) All adjustments of radio
transmitters in any radiotelephone
station or coincident with the
installation, servicing, or maintenance
of such equipment which may affect the
proper operation of the station, must be
performed by or under the immediate
supervision and responsibility of a
person holding a First Class
Radiotelegraph Operator’s Certificate,
Second Class Radiotelegraph Operator’s
Certificate, Radiotelegraph Operator
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License, or General Radiotelephone
Operator License.
(b) Only persons holding a First Class
Radiotelegraph Operator’s Certificate,
Second Class Radiotelegraph Operator’s
Certificate, or Radiotelegraph Operator
License must perform such functions at
radiotelegraph stations transmitting
Morse code.
*
*
*
*
*
Notes: * * *
5. The requirements for having the
GMDSS Master Plan, NGA Publication
117, Admiralty List of Radio Signals or
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34. Section 80.203 is amended by
revising paragraph (b)(3) to read as
follows:
■
§ 80.203 Authorization of transmitters for
licensing.
*
*
*
*
*
(b) * * *
(3) Except as provided in paragraph
(b)(4) of this section, programming of
authorized channels must be performed
only by a person holding a First Class
Radiotelegraph Operator’s Certificate,
IMO Circ. 7 are satisfied by having any
one of those four documents.
■ 36. Section 80.409 is amended by
revising paragraphs (e)(3) through (13),
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Second Class Radiotelegraph Operator’s
Certificate, Radiotelegraph Operator
License, or General Radiotelephone
Operator License using any of the
following procedures:
*
*
*
*
*
35. Section 80.401 is amended by
revising the table and note 5 to read as
follows:
■
§ 80.401
*
*
Station documents requirement.
*
*
*
(f) introductory text, (f)(1) introductory
text, (f)(1)(i)(E), (f)(2) introductory text,
and (f)(3) to read as follows:
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§ 80.409
Station logs.
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*
*
*
*
*
(e) * * *
(3) The time of any inadvertent
transmissions of distress, urgency and
safety signals including the time and
method of cancellation.
(4) An entry that pre-departure
equipment checks were satisfactory and
that required publications are on hand.
Daily entries of satisfactory tests to
ensure the continued proper functioning
of GMDSS equipment shall be made.
(5) A daily statement about the
condition of the required
radiotelephone equipment, as
determined by either normal
communication or test communication;
(6) A weekly entry that:
(i) The proper functioning of digital
selective calling (DSC) equipment has
been verified by actual communications
or a test call;
(ii) The portable survival craft radio
gear and radar transponders have been
tested; and
(iii) The EPIRBs have been inspected.
(7) An entry at least once every thirty
days that the batteries or other reserve
power sources have been checked and
are functioning properly.
(8) Results of required equipment
tests, including specific gravity of leadacid storage batteries and voltage
reading of other types of batteries
provided as a part of the compulsory
installation;
(9) Results of inspections and tests of
compulsorily fitted lifeboat radio
equipment;
(10) When the master is notified about
improperly operating radiotelephone
equipment.
(11) At the beginning of each watch,
the Officer of the Navigational Watch, or
GMDSS Operator on watch, if one is
provided, shall ensure that the
navigation receiver is functioning
properly and is interconnected to all
GMDSS alerting devices which do not
have integral navigation receivers,
including: VHF DSC, MF DSC, satellite
EPIRB and HF DSC or INMARSAT SES.
On a ship without integral or directly
connected navigation receiver input to
GMDSS equipment, the Officer of the
Navigational Watch, or GMDSS
Operator on watch, shall update the
embedded position in each equipment.
An appropriate log entry of these
actions shall be made.
(12) An entry describing any
malfunctioning GMDSS equipment and
another entry when the equipment is
restored to normal operation.
(13) A GMDSS radio log entry shall be
made whenever GMDSS equipment is
exchanged or replaced (ensuring that
ship MMSI identifiers are properly
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updated in the replacement equipment),
when major repairs to GMDSS
equipment are accomplished, and when
annual GMDSS inspections are
conducted.
(f) Applicable radiotelephone log
entries. The log entries listed in
paragraph (e) of this section are
applicable as follows (vessels subject to
the Global Maritime Distress and Safety
System (GMDSS) should also refer to
subpart W of this Part for additional
guidance on maintenance of station
logs):
(1) Radiotelephony stations subject to
the Communications Act and/or the
Safety Convention must record entries
indicated by paragraphs (e)(1) through
(e)(13) of this section. Additionally, the
radiotelephone log must provide an
easily identifiable, separate section
relating to the required inspection of the
ship’s radio station. Entries must be
made in this section giving at least the
following information.
(i) * * *
(E) The inspector’s signed and dated
certification that the vessel meets the
requirements of the Communications
Act and, if applicable, the Safety
Convention and the Bridge-to-Bridge
Act contained in subparts R, S, U, or W
of this part and has successfully passed
the inspection.
*
*
*
*
*
(2) Radiotelephony stations subject to
the Great Lakes Agreement and the
Bridge-to-Bridge Act must record entries
indicated by paragraphs (e)(1), (3), (5),
(6), (7), (8), (10), (11), and (13), and of
this section. Additionally, the
radiotelephone log must provide an
easily identifiable, separate section
relating to the required inspection of the
ship’s radio station. Entries must be
made in this section giving at least the
following information:
*
*
*
*
*
(3) Radiotelephony stations subject to
the Bridge-to-Bridge Act must record
entries indicated by paragraphs (e)(1),
(3), (5) (6), (7), (10), and (11) of this
section.
37. Section 80.415 is amended by
revising paragraph (b)(2) to read as
follows:
■
§ 80.415
Publications.
*
*
*
*
*
(b) * * *
(2) U.S. NGA Publication 117 may be
purchased from Superintendent of
Documents, P.O. Box 371954,
Pittsburgh, PA 15250–7954, telephone
202–512–1800.
*
*
*
*
*
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23157
38. Section 80.953 is amended by
revising paragraph (b) introductory text
to read as follows:
■
§ 80.953
Inspection and certification.
*
*
*
*
*
(b) An inspection and certification of
a ship subject to the Great Lakes
Agreement must be made by a
technician holding one of the following:
a General Radiotelephone Operator
License, a GMDSS Radio Maintainer’s
License, a Radiotelegraph Operator
License, a Second Class Radiotelegraph
Operator’s Certificate, or a First Class
Radiotelegraph Operator’s Certificate.
Additionally, the technician must not be
the vessel’s owner, operator, master, or
an employee of any of them. The results
of the inspection must be recorded in
the ship’s radiotelephone log and
include:
*
*
*
*
*
39. Section 80.1005 is revised to read
as follows:
■
§ 80.1005
Inspection of station.
The bridge-to-bridge radiotelephone
station will be inspected on vessels
subject to regular inspections pursuant
to the requirements of Parts II and III of
Title II of the Communications Act, the
Safety Convention or the Great Lakes
Agreement at the time of the regular
inspection. If after such inspection, the
Commission determines that the Bridgeto-Bridge Act, the rules of the
Commission and the station license are
met, an endorsement will be made on
the appropriate document. The validity
of the endorsement will run
concurrently with the period of the
regular inspection. Each vessel must
carry a certificate with a valid
endorsement while subject to the
Bridge-to-Bridge Act. All other bridgeto-bridge stations will be inspected from
time to time. An inspection of the
bridge-to-bridge station on a Great Lakes
Agreement vessel must normally be
made at the same time as the Great
Lakes Agreement inspection is
conducted by a technician holding one
of the following: a General
Radiotelephone Operator License, a
GMDSS Radio Maintainer’s License, a
Radiotelegraph Operator License, a
Second Class Radiotelegraph Operator’s
Certificate, or a First Class
Radiotelegraph Operator’s Certificate.
Additionally, the technician must not be
the owner, operator, master, or an
employee of any of them. Ships subject
to the Bridge-to-Bridge Act may, in lieu
of an endorsed certificate, certify
compliance in the station log required
by § 80.409(f).
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40. Section 80.1085 is amended by
revising paragraph (b) to read as follows:
■
§ 80.1085
Ship radio equipment–General.
*
*
*
*
*
(b) Ships must carry either the most
recent edition of the IMO publication
entitled GMDSS Master Plan of ShoreBased Facilities, the U.S. NGA
Publication 117, or the Admiralty List of
Radio Signals Volume 5 Global
Maritime Distress and Safety System.
Notice of new editions will be
published on the Commission’s
Wireless Telecommunications Bureau
Web page under ‘‘Marine Services’’ and
information will be provided about
obtaining the new document.
*
*
*
*
*
41. Section 80.1129 is amended by
revising paragraph (b) to read as follows:
■
§ 80.1129
Location and homing signals.
*
*
*
*
*
(b) Homing signals are those locating
signals which are transmitted by mobile
units in distress, or by survival craft, for
the purpose of providing searching units
with a signal that can be used to
determine the bearing to the
transmitting stations.
*
*
*
*
*
PART 87—AVIATION SERVICES
42. The authority citation for part 87
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303 and 307(e),
unless otherwise noted.
(4) T. Radiotelegraph Operator
License.
*
*
*
*
*
[FR Doc. 2013–02372 Filed 4–17–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 501
[Docket No. NHTSA–2013–0048]
RIN 2127–AL44
Organization and Delegation of Duties
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT) is
updating its regulations. These
regulations govern the organization of
the National Highway Traffic Safety
Administration and delegations of
authority from the Administrator to
Agency officers including the Deputy
Administrator, Chief Counsel, and
Senior Associate Administrators. This
rule is a publication of delegations made
by the Administrator to other Agency
officials.
SUMMARY:
DATES:
This rule is effective April 18,
2013.
Ms.
Dana Sade, Office of the Chief Counsel,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: (202) 366–1834.
SUPPLEMENTARY INFORMATION:
■
FOR FURTHER INFORMATION CONTACT:
§ 87.87 Classification of operator licenses
and endorsements.
I. Background
43. Section 87.87 is amended by
redesignating paragraphs (b)(5) through
(6) as (b)(6) through (7), paragraph (b)(3)
as (b)(5), adding a new paragraph (b)(3),
and revising paragraphs (b)(1) through
(2) and (b)(4) to read as follows:
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*
*
*
*
*
(b) * * *
(1) T–1. First Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new First
Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(2) T–2. Second Class Radiotelegraph
Operator’s Certificate. Beginning May
20, 2013, no applications for new
Second Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
(3) T–3. Third Class Radiotelegraph
Operator’s Certificate (radiotelegraph
operator’s special certificate). Beginning
May 20, 2013, no applications for new
Third Class Radiotelegraph Operator’s
Certificates will be accepted for filing.
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This final rule updates the Code of
Federal Regulations (CFR) sections that
set forth the organization of the National
Highway Traffic Safety Administration
(NHTSA) and delegations of authority
from the NHTSA Administrator to other
Departmental officials including the
Deputy Administrator, Chief Counsel,
and Senior Associate Administrators.
The purpose of this rule is to provide a
road map to the public and government
officials regarding how NHTSA
operates, which office is responsible for
which tasks, and the authority pursuant
to which Agency offices act.
The regulations set forth in 49 CFR
Part 501 are outdated and do not
accurately reflect how NHTSA operates.
For example, Part 501 still references an
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Executive Director, a position that no
longer exists within the Agency. These
and other inaccuracies in Part 501 create
unnecessary confusion.
This rule amends Part 501 in three
ways. First, it removes positions that are
outdated and no longer exist within the
Agency. Second, it updates the
Administrator’s delegations to reflect
new statutory responsibilities and
organizational changes within the
Agency. Third, it clarifies the text and
updates citations in Part 501 to increase
transparency, accessibility, and
readability.
This final rule does not impose
substantive requirements. It simply
updates the CFR to represent the current
statutory and organizational posture of
the Agency. The final rule is ministerial
in nature and relates only to Agency
management, organization, procedure,
and practice. Therefore, the Agency has
determined that notice and comment are
unnecessary and that the rule is exempt
from prior notice and comment
requirements under 5 U.S.C.
553(b)(3)(A). As these changes will not
have a substantive impact on the public,
the Agency does not expect to receive
significant comments on the substance
of the rule. Therefore, the Department
finds that there is good cause under 5
U.S.C. 553(d)(3) to make this rule
effective less than 30 days after
publication in the Federal Register.
II. Executive Order 12866 and DOT
Regulatory Policies and Procedures
The final rule is not considered a
significant regulatory action under
Executive Order 12866 and DOT
Regulatory Policies and Procedures (44
FR 11034). It was not reviewed by the
Office of Management and Budget.
There are no costs associated with this
rule.
Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
does not have a substantial direct effect
on, or sufficient federalism implications
for, the States, nor would it limit the
policymaking discretion of the States.
Therefore, the consultation
requirements of Executive Order 13132
do not apply.
Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not
significantly or uniquely affect the
E:\FR\FM\18APR1.SGM
18APR1
Agencies
[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Rules and Regulations]
[Pages 23150-23158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02372]
[[Page 23150]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 13, 80 and 87
[WT Docket No. 10-177; FCC 13-4]
Commercial Radio Operators
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends our rules concerning commercial radio
operator licenses for maritime and aviation radio stations in order to
reduce administrative burdens in the public's interest.
DATES: Effective May 20, 2013, except for amendments to Sec. Sec.
1.913(d)(1)(vi), 13.9(c), and 13.13(c), which contain information
collection requirements that are not effective until approved by the
Office of Management and Budget (``OMB''). The FCC will publish a
document in the Federal Register announcing the effective date for
those sections.
FOR FURTHER INFORMATION CONTACT: Stana Kimball, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-1306, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order (R&O), WT Docket No. 10-
177, FCC 13-4, adopted January 8, 2013, and released January 8, 2013.
The full text of this document is available for inspection and copying
during normal business hours in the FCC Reference Center, 445 12th
Street SW., Room CY-A257, Washington, DC 20554, or by downloading the
text from the Commission's Web site at https://www.fcc.gov/Daily_Releases/Daily_Digest/2013/130109.html. The complete text also may be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street SW., Suite CY-B402,
Washington, DC 20554. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to FCC504@fcc.gov or calling the Consumer and
Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
1. The Federal Communications Commission's (Commission) rules
require that a person who operates, maintains, or conducts the
mandatory inspection of certain maritime and aviation radio stations
hold an appropriate commercial radio operator license. The Commission
initiated this proceeding to amend the part 13 Commercial Radio
Operator rules, and related rules in parts 0, 1, 80, and 87 regarding
certain functions performed by licensed commercial radio operators, to
determine which rules could be clarified, streamlined, or eliminated in
order to reduce administrative burdens and make the rules easier to
use. The Commission takes the following significant actions in the R&O
in WT Docket No. 10-177: (1) Consolidating the three classes of
radiotelegraph operator's certificates; (2) eliminating redundant and
outdated restrictive endorsements; (3) modifying certain procedural and
recordkeeping requirements applicable to commercial operator license
examination managers (COLEMs); and (4) clarifying the rules that
pertain to log-keeping requirements. In addition, we decline to change
the current process for maintaining question pools, and the rules that
pertain to equipment testing intervals.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. This document contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It has been submitted to the Office of Management
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection requirements contained in
this proceeding. In addition, the Commission notes that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), it previously sought specific comment on how it
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
3. In the present document, the Commission has assessed the effects
of our requirements that COLEMs filing applications on behalf of
applicants submit the information electronically, and believe the
burden will be minimal. Therefore, we find that these modified
information collection requirements will not impose a substantial
burden on businesses with fewer than 25 employees.
B. Report to Congress
4. The Commission will send a copy of this R&O in a report to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
5. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rule Making NPRM, in WT Docket
10-177, at 75 FR 66709, October 29, 2010. The Commission sought written
public comment on the proposals in the NPRM, including comment on the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Need for, and Objectives of, the Report and Order
6. We believe it is appropriate to review our regulations relating
to commercial radio operators to determine which rules can be
clarified, streamlined or eliminated. In this R&O, we make
miscellaneous amendments that are intended to clarify part 13 rules,
including the elimination of rules that refer to outdated services,
equipment, and technology. Specifically, to reflect advancements in the
radio telegraph technology, by this R&O, the Commission ceases to grant
new First Class Radiotelegraph Operator's Certificates because the one-
year radiotelegraph experience requirement is almost impossible to
meet, and consolidates the remaining two classes of radiotelegraph
operator's certificates in one. It also eliminates redundant and
outdated restrictive endorsements; modifies certain procedural and
recordkeeping requirements applicable to COLEMs; and clarifies the
rules that pertain to log-keeping requirements. In addition, this R&O
makes changes to rules contained in parts 0, 1, 80, and 87 that relate
to commercial radio operator services.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
7. There were no comments that specifically addressed the IRFA.
Nonetheless, we have considered the potential impact of the rules
adopted herein on small entities, and conclude that such impact would
be minimal, in terms of measurable economic costs associated with
compliance with the rules.
Description and Estimate of the Number of Small Entities to Which Rules
Will Apply
8. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms
[[Page 23151]]
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
9. Commercial radio licenses are issued only to individuals.
Individuals are not ``small entities'' under the RFA.
10. Individual licensees are tested by COLEMs. The Commission has
not developed a definition for a small business or small organization
that is applicable for COLEMs. All or almost all of the nine COLEM
organizations would appear to meet the RFA definition for small
business or small organization.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
11. COLEMs would be required to retain certain records for three
years, instead of the existing one-year retention period; but would
submit that information to the Commission only upon request, instead
submitting it on a regular schedule as occurs presently. This would
effectively eliminate the existing economic burden related to the
reporting requirement, and it would not create any additional
measurable economic burden in connection with the extended
recordkeeping requirement. COLEMs would also be required to provide
examination results to examinees within three business days, and to use
electronic filing when submitting applications on behalf of examinees.
Because almost all COLEMs already meet both of these requirements, this
also would create no additional economic burden on COLEMs.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
12. The RFA requires an agency to describe the steps it has taken
to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
13. We believe the changes adopted in this R&O will promote
flexibility and more efficient use of the spectrum, without creating
administrative burdens on COLEMs. Many of the adopted changes
constitute clarification of existing requirements or elimination of
reporting requirements and other rules that are outdated. No commenter
identified any less burdensome alternatives that would be consistent
with the item's objectives and the Commission's goals and
responsibilities.
F. Report to Congress
14. The Commission will send a copy of the R&O in WT Docket No. 10-
177, including the Final Regulatory Flexibility Analysis, in a report
to be sent to Congress and the Congressional Budget Office pursuant to
the Congressional Review Act. In addition, the Commission will send a
copy of the R&O in WT Docket No. 10-177, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A
copy of the R&O in WT Docket No. 10-177 and the Final Regulatory
Flexibility Analysis (or summaries thereof) will also be published in
the Federal Register.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Telecommunications.
47 CFR Part 13
Communications equipment, Radio.
47 CFR Part 80
Communications equipment, Radio.
47 CFR Part 87
Air transportation, Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 1, 13, 80, and 87 as
follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
0
2. Section 0.111 is amended by revising paragraph (e) to read as
follows:
Sec. 0.111 Functions of the Bureau.
* * * * *
(e) Coordinate with and assist the Wireless Telecommunications
Bureau with respect to the Commission's privatized ship radio
inspection program.
* * * * *
0
3. Section 0.131 is amended by revising paragraph (j) and adding
paragraphs (r)(1) and (r)(2) to read as follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(j) Administers the Commission's commercial radio operator program
(part 13 of this chapter); the Commission's program for registration,
construction, marking and lighting of antenna structures (part 17 of
this chapter), and the Commission's privatized ship radio inspection
program (part 80 of this chapter).
* * * * *
(r)(1) Extends the Communications Act Safety Radiotelephony
Certificate for a period of up to 90 days beyond the specified
expiration date.
(2) Grants emergency exemption requests, extensions or waivers of
inspection to ships in accordance with applicable provisions of the
Communications Act, the Safety Convention, the Great Lakes Agreement or
the Commission's rules.
Sec. 0.314 [Amended]
0
4. Section 0.314 is amended by removing paragraph (b), and
redesignating paragraphs (c) through (j) as paragraphs (b) through (i).
0
5. Section 0.483 is amended by revising paragraph (b) to read as
follows:
Sec. 0.483 Applications for amateur or commercial radio operator
licenses.
* * * * *
(b) Application filing procedures for commercial radio operator
licenses are set forth in part 13 of this chapter.
Sec. 0.489 [Removed and reserved].
0
6. Section 0.489 is removed and reserved.
PART 1--PRACTICE AND PROCEDURE
0
7. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
8. Section 1.85 is revised to read as follows:
[[Page 23152]]
Sec. 1.85 Suspension of operator licenses.
Whenever grounds exist for suspension of an operator license, as
provided in Sec. 303(m) of the Communications Act, the Chief of the
Wireless Telecommunications Bureau, with respect to amateur and
commercial radio operator licenses, may issue an order suspending the
operator license. No order of suspension of any operator's license
shall take effect until 15 days' notice in writing of the cause for the
proposed suspension has been given to the operator licensee, who may
make written application to the Commission at any time within the said
15 days for a hearing upon such order. The notice to the operator
licensee shall not be effective until actually received by him, and
from that time he shall have 15 days in which to mail the said
application. In the event that physical conditions prevent mailing of
the application before the expiration of the 15-day period, the
application shall then be mailed as soon as possible thereafter,
accompanied by a satisfactory explanation of the delay. Upon receipt by
the Commission of such application for hearing, said order of
suspension shall be designated for hearing by the Chief, Wireless
Telecommunications Bureau and said suspension shall be held in abeyance
until the conclusion of the hearing. Upon the conclusion of said
hearing, the Commission may affirm, modify, or revoke said order of
suspension. If the license is ordered suspended, the operator shall
send his operator license to the Mobility Division, Wireless
Telecommunications Bureau, in Washington, DC, on or before the
effective date of the order, or, if the effective date has passed at
the time notice is received, the license shall be sent to the
Commission forthwith.
0
9. Section 1.913 is amended by revising paragraph (d)(1)(vi) to read as
follows:
Sec. 1.913 Application and notification forms; electronic and manual
filing.
* * * * *
(d) * * *
(1) * * *
(vi) Part 13 Commercial Radio Operators (individual applicants
only; commercial operator license examination managers must file
electronically, see Sec. 13.13(c) of this part); and
* * * * *
PART 13--COMMERCIAL RADIO OPERATORS
0
10. The authority citation for part 13 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
0
11. Section 13.5 is revised to read as follows:
Sec. 13.5 Licensed commercial radio operator required.
Rules that require FCC station licensees to have certain
transmitter operation, maintenance, and repair duties performed by a
commercial radio operator are contained in parts 80 and 87 of this
chapter.
0
12. Section 13.7 is amended by revising paragraphs (b) introductory
text, (b)(1) through (b)(3) and (c),, redesignating paragraphs (b)(4)
through (b)(11) as paragraphs (b)(5) through (b)(12), and adding a new
paragraph (b)(4).
The revisions and additions read as follows:
Sec. 13.7 Classification of operator licenses and endorsements.
* * * * *
(b) There are twelve types of commercial radio operator licenses,
certificates and permits (licenses). The license's ITU classification,
if different from its name, is given in parentheses.
(1) First Class Radiotelegraph Operator's Certificate. Beginning
May 20, 2013, no applications for new First Class Radiotelegraph
Operator's Certificates will be accepted for filing.
(2) Second Class Radiotelegraph Operator's Certificate. Beginning
May 20, 2013, no applications for new Second Class Radiotelegraph
Operator's Certificates will be accepted for filing.
(3) Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Beginning May 20,
2013, no applications for new Third Class Radiotelegraph Operator's
Certificates will be accepted for filing.
(4) Radiotelegraph Operator License.
* * * * *
(c) There are three license endorsements affixed by the FCC to
provide special authorizations or restrictions. Endorsements may be
affixed to the license(s) indicated in parentheses.
(1) Ship Radar Endorsement (First and Second Class Radiotelegraph
Operator's Certificates, Radiotelegraph Operator License, General
Radiotelephone Operator License, GMDSS Radio Maintainer's License).
(2) Six Months Service Endorsement (First and Second Class
Radiotelegraph Operator's Certificates, Radiotelegraph Operator
License)
(3) Restrictive endorsements relating to physical disability,
English language or literacy waivers, or other matters (all licenses).
* * * * *
0
13. Section 13.8 is amended by revising paragraphs (a), (b), (d), (e),
and (f), and adding new paragraph (g), to read as follows:
Sec. 13.8 Authority conveyed.
* * * * *
(a) A First Class Radiotelegraph Operator's Certificate conveys all
of the operating authority of the Second Class Radiotelegraph
Operator's Certificate, the Third Class Radiotelegraph Operator's
Certificate, the Radiotelegraph Operator License, the Restricted
Radiotelephone Operator Permit, and the Marine Radio Operator Permit.
(b) A Radiotelegraph Operator License conveys all of the operating
authority of the Second Class Radiotelegraph Operator's Certificate,
which conveys all of the operating authority of the Third Class
Radiotelegraph Operator's Certificate, the Restricted Radiotelephone
Operator Permit, and the Marine Radio Operator Permit.
* * * * *
(d) A General Radiotelephone Operator License conveys all of the
operating authority of the Marine Radio Operator Permit and the
Restricted Radiotelephone Operator Permit.
(e) A GMDSS Radio Operator's License conveys all of the operating
authority of the Marine Radio Operator Permit and the Restricted
Radiotelephone Operator Permit.
(f) A GMDSS Radio Maintainer's License conveys all of the operating
authority of the General Radiotelephone Operator License, the Marine
Radio Operator Permit, and the Restricted Radiotelephone Operator
Permit.
(g) A Marine Radio Operator Permit conveys all of the authority of
the Restricted Radiotelephone Operator Permit.
0
14. Section 13.9 is amended by revising paragraphs (b), (c), (d)(1),
(d)(2), and (f)(4), and adding paragraph (d)(3) to read as follows:
Sec. 13.9 Eligibility and application for new license or endorsement.
* * * * *
(b) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, Radiotelegraph Operator License,
Ship Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
Operator's License, Restricted GMDSS Radio Operator's License, GMDSS
Radio Maintainer's License, GMDSS Radio Operator/Maintainer License,
Restricted
[[Page 23153]]
Radiotelephone Operator Permit, or Restricted Radiotelephone Operator
Permit-Limited Use must be filed on FCC Form 605 in accordance with
Sec. 1.913 of this chapter.
(c) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, Radiotelegraph Operator License,
Ship Radar Endorsement, GMDSS Radio Operator's License, Restricted
GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or
GMDSS Radio Operator/Maintainer License must be accompanied by the
required fee, if any, and submitted in accordance with Sec. 1.913 of
this chapter. The application must include an original PPC(s) from a
COLEM(s) showing that the applicant has passed the necessary
examination Element(s) within the previous 365 days when the applicant
files the application. If a COLEM files the application on behalf of
the applicant, an original PPC(s) is not required. However, the COLEM
must keep the PPC(s) on file for a period of 1 year. When acting on
behalf of qualified examinees, the COLEM must forward all required data
to the FCC electronically.
(d) * * *
(1) An unexpired (or within the grace period) FCC-issued commercial
radio operator license: Except as noted in paragraph (d)(3) of this
section, the written examination and telegraphy Element(s) required to
obtain the license held;
(2) An expired or unexpired FCC-issued Amateur Extra Class operator
license grant granted before April 15, 2000: Telegraphy Elements 1 and
2; and
(3) An FCC-issued Third Class Radiotelegraph Operator's Certificate
that was renewed as a Marine Radio Operator Permit (see Sec. 13.13(b)
of this chapter) that is unexpired (or within the grace period):
Telegraphy Elements 1 and 2.
* * * * *
(f) * * *
(4) The applicant held a FCC-issued First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, or Radiotelegraph Operator License during this entire six
month qualifying period; and
* * * * *
0
15. Section 13.10 is revised to read as follows:
Sec. 13.10 Licensee address.
In accordance with Sec. 1.923 of this chapter, all applicants
(except applicants for a Restricted Radiotelephone Operator Permit or a
Restricted Radiotelephone Operator Permit-Limited Use) must specify an
address where the applicant can receive mail delivery by the United
States Postal Service. Suspension of the operator license may result
when correspondence from the FCC is returned as undeliverable because
the applicant failed to provide the correct mailing address.
0
16. Section 13.11 is amended by revising paragraph (a) to read as
follows:
Sec. 13.11 Holding more than one commercial radio operator license.
(a) An eligible person may hold more than one commercial operator
license.
* * * * *
0
17. Section 13.13 is revised to read as follows:
Sec. 13.13 Application for a renewed or modified license.
(a) Each application to renew a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class Radiotelegraph Operator's Certificate, or
Radiotelegraph Operator License must be made on FCC Form 605. The
application must be accompanied by the appropriate fee and submitted in
accordance with Sec. 1.913 of this chapter. Beginning May 20, 2013,
First and Second Class Radiotelegraph Operator's Certificates will be
renewed as Radiotelegraph Operator Licenses, and Third Class
Radiotelegraph Operator's Certificates will be renewed as Marine Radio
Operator Permits.
(b) If a license expires, application for renewal may be made
during a grace period of five years after the expiration date without
having to retake the required examinations. The application must be
accompanied by the required fee and submitted in accordance with Sec.
1.913 of this chapter. During the grace period, the expired license is
not valid. A license renewed during the grace period will be effective
as of the date of the renewal. Licensees who fail to renew their
licenses within the grace period must apply for a new license and take
the required examination(s). Beginning May 20, 2013, no applications
for new First, Second, or Third Class Radiotelegraph Operator's
Certificates will be accepted for filing.
(c) Each application involving a change in operator class must be
filed on FCC Form 605. Each application for a commercial operator
license involving a change in operator class must be accompanied by the
required fee, if any, and submitted in accordance with Sec. 1.913 of
this chapter. The application must include an original PPC(s) from a
COLEM(s) showing that the applicant has passed the necessary
examination Element(s) within the previous 365 days when the applicant
files the application. If a COLEM files the application on behalf of
the applicant, an original PPC(s) is not required. However, the COLEM
must keep the PPC(s) on file for a period of 1 year. When acting on
behalf of qualified examinees, the COLEM must forward all required data
to the FCC electronically.
(d) Provided that a person's commercial radio operator license was
not revoked, or suspended, and is not the subject of an ongoing
suspension proceeding, a person holding a General Radiotelephone
Operator License, Marine Radio Operator Permit, First Class
Radiotelegraph Operator's Certificate, Second Class Radiotelegraph
Operator's Certificate, Third Class Radiotelegraph Operator's
Certificate, Radiotelegraph Operator License, GMDSS Radio Operator's
License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/
Maintainer License, who has an application for another commercial radio
operator license which has not yet been acted upon pending at the FCC
and who holds a PPC(s) indicating that he or she passed the necessary
examination(s) within the previous 365 days, is authorized to exercise
the rights and privileges of the license for which the application is
filed. This temporary conditional operating authority is valid for a
period of 90 days from the date the application is received. This
temporary conditional operating authority does not relieve the licensee
of the obligation to comply with the certification requirements of the
Standards of Training, Certification and Watchkeeping (STCW)
Convention. The FCC, in its discretion, may cancel this temporary
conditional operating authority without a hearing.
(e) An applicant will be given credit for an examination element as
specified below:
(1) An unexpired (or within the grace period) FCC-issued commercial
radio operator license: Except as noted in paragraph (e)(3) of this
section, the written examination and telegraphy Element(s) required to
obtain the license held;
(2) An expired or unexpired FCC-issued Amateur Extra Class operator
license grant granted before April 15, 2000: Telegraphy Elements 1 and
2; and
(3) An FCC-issued Third Class Radiotelegraph Operator's Certificate
that was renewed as a Marine Radio Operator Permit (see Sec. 13.13(b)
of this chapter) that is unexpired (or within the grace period):
Telegraphy Elements 1 and 2.
0
18. Section 13.15 is revised to read as follows:
[[Page 23154]]
Sec. 13.15 License term.
First Class Radiotelegraph Operator's Certificates, Second Class
Radiotelegraph Operator's Certificates, and Third Class Radiotelegraph
Operator's Certificates are normally valid for a term of five years
from the date of issuance. All other commercial radio operator licenses
are normally valid for the lifetime of the holder.
0
19. Section 13.17 is amended by removing paragraph (d), redesignating
paragraph (e) as paragraph (d), and revising paragraphs (a), (b), and
(c) to read as follows:
Sec. 13.17 Replacement license.
(a) Each licensee or permittee whose original document is lost,
mutilated, or destroyed may request a replacement. The application must
be accompanied by the required fee and submitted to the address
specified in part 1 of the rules.
(b) Each application for a replacement General Radiotelephone
Operator License, Marine Radio Operator Permit, First Class
Radiotelegraph Operator's Certificate, Second Class Radiotelegraph
Operator's Certificate, Third Class Radiotelegraph Operator's
Certificate, Radiotelegraph Operator Certificate, GMDSS Radio
Operator's License, Restricted GMDSS Radio Operator's License, GMDSS
Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License
must be made on FCC Form 605 and must include a written explanation as
to the circumstances involved in the loss, mutilation, or destruction
of the original document.
(c) Each application for a replacement Restricted Radiotelephone
Operator Permit or Restricted Radiotelephone Operator Permit-Limited
Use must be on FCC Form 605.
* * * * *
0
20. Section 13.19 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 13.19 Operator's responsibility.
* * * * *
(b) * * *
(3) The class, serial number, and expiration date (if applicable)
of the license when the FCC has issued the operator a license; or the
PPC serial number(s) and date(s) of issue when the operator is awaiting
FCC action on an application.
* * * * *
0
21. Section 13.201 is amended by removing paragraphs (b)(1) and (b)(3),
redesignating paragraph (b)(2) as (b)(1) and paragraphs (b)(4) through
(9) as paragraphs (b)(2) through (7), and revising redesignated
paragraph (b)(1) to read as follows:
Sec. 13.201 Qualifying for a commercial operator license or
endorsement.
* * * * *
(b) * * *
(1) Radiotelegraph Operator License.
(i) Telegraphy Elements 1 and 2;
(ii) Written Elements 1 and 6.
* * * * *
0
22. Section 13.203 is amended by revising paragraph (a)(1) and (a)(2),
and by removing paragraphs (a)(3), (b)(3), and (b)(4), and
redesignating paragraphs (a)(4) through (8) as paragraphs (a)(3)
through (7) to read as follows:
Sec. 13.203 Examination elements.
(a) * * *
(1) Element 1: Basic radio law and operating practice with which
every maritime radio operator should be familiar. Questions concerning
provisions of laws, treaties, regulations, and operating procedures and
practices generally followed or required in communicating by means of
radiotelephone stations.
(2) Element 3: General radiotelephone. Questions concerning
electronic fundamentals and techniques required to adjust, repair, and
maintain radio transmitters and receivers at stations licensed by the
FCC in the aviation and maritime radio services.
* * * * *
0
23. Section 13.209 is amended by revising paragraphs (d), and (g), and
by removing paragraph (e), and redesignating paragraphs (f) through (j)
as (e) through (i) to read as follows:
Sec. 13.209 Examination procedures.
* * * * *
(d) Passing a telegraphy examination. Passing a telegraphy
receiving examination is adequate proof of an examinee's ability to
both send and receive telegraphy. The COLEM, however, may also include
a sending segment in a telegraphy examination.
(1) To pass a receiving telegraphy examination, an examinee is
required to receive correctly the message by ear, for a period of 1
minute without error at the rate of speed specified in Sec. 13.203(b).
(2) To pass a sending telegraphy examination, an examinee is
required to send correctly for a period of one minute at the rate of
speed specified in Sec. 13.203(b).
* * * * *
(g) No applicant who is eligible to apply for any commercial radio
operator license shall, by reason of any physical disability, be denied
the privilege of applying and being permitted to attempt to prove his
or her qualifications (by examination if examination is required) for
such commercial radio operator license in accordance with procedures
established by the COLEM.
* * * * *
0
24. Section 13.211 is amended by revising paragraph (e) to read as
follows:
Sec. 13.211 Commercial radio operator license examination.
* * * * *
(e) Within 3 business days of completion of the examination
Element(s), the COLEM must provide the results of the examination to
the examinee and the COLEM must issue a PPC to an examinee who scores a
passing grade on an examination Element.
* * * * *
0
25. Section 13.217 is revised to read as follows:
Sec. 13.217 Records.
Each COLEM recovering fees from examinees must maintain records of
expenses and revenues, frequency of examinations administered, and
examination pass rates. Records must cover the period from January 1 to
December 31 of the preceding year and must be submitted as directed by
the Commission. Each COLEM must retain records for 3 years and the
records must be made available to the FCC upon request.
PART 80--STATIONS IN THE MARITIME SERVICES
0
26. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
0
27. Section 80.59 is amended by revising the note and table in
paragraph (a)(1), and paragraph (b) to read as follows:
Sec. 80.59 Compulsory ship inspections.
(a) * * *
(1) * * *
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, First Class
Radiotelegraph Operator's Certificate, or Radiotelegraph Operator
License in accordance with the following table:
[[Page 23155]]
----------------------------------------------------------------------------------------------------------------
Minimum class of FCC license required by private sector technician to conduct
inspection--only one license required
-------------------------------------------------------------------------------
Radiotelegraph
operator license
Category of vessel General radiotele- GMDSS radio (formerly second First class
phone operator maintainer's class radiotelegraph
license license radiotelegraph operator's
operator's certificate.
certificate)
----------------------------------------------------------------------------------------------------------------
Radiotelephone equipped vessels [radic]........... [radic]........... [radic]........... [radic]
subject to 47 CFR part 80,
subpart R or S.
GMDSS equipped vessels subject .................. [radic]........... .................. ..................
to 47 CFR part 80, subpart W.
----------------------------------------------------------------------------------------------------------------
* * * * *
(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, a First Class Radiotelegraph Operator's Certificate, or a
Radiotelegraph Operator License. The certification required by Sec.
80.953 must be entered into the ship's log. The technician conducting
the inspection and providing the certification must not be the vessel's
owner, operator, master, or an employee of any of them. Additionally,
the vessel owner, operator, or ship's master must certify that the
inspection was satisfactory. There are no FCC prior notice requirements
for any inspection pursuant to Sec. 80.59(b).
* * * * *
0
28. Section 80.151 is amended by revising paragraphs (b)(9) through
(11), adding a new paragraph (b)(12), and revising paragraphs (c)(1)
through (3) to read as follows:
Sec. 80.151 Classification of operator licenses and endorsements.
* * * * *
(b) * * *
(9) T-3. Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Beginning May 20,
2013, no applications for new Third Class Radiotelegraph Operator's
Certificates will be accepted for filing.
(10) T-2. Second Class Radiotelegraph Operator's Certificate.
Beginning May 20, 2013, no applications for new Second Class
Radiotelegraph Operator's Certificates will be accepted for filing.
(11) T-1. First Class Radiotelegraph Operator's Certificate.
Beginning May 20, 2013, no applications for new First Class
Radiotelegraph Operator's Certificates will be accepted for filing.
(12) T. Radiotelegraph Operator License.(c) * * *
(1) Ship Radar endorsement (First Class Radiotelegraph Operator's
Certificate, Second Class Radiotelegraph Operator's Certificate,
Radiotelegraph Operator License, General Radiotelephone Operator
License).
(2) Six Months Service endorsement (First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Radiotelegraph Operator License).
(3) Restrictive endorsements; relating to physical disabilities,
English language or literacy waivers, or other matters (all licenses).
0
29. Section 80.157 is revised to read as follows:
Sec. 80.157 Radio officer defined.
A radio officer means a person holding a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, or Radiotelegraph Operator License issued by the
Commission, who is employed to operate a ship radio station in
compliance with Part II of Title II of the Communications Act. Such a
person is also required to be licensed as a radio officer by the U.S.
Coast Guard when employed to operate a ship radiotelegraph station.
0
30. Section 80.159 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 80.159 Operator requirements of Title III of the Communications
Act and the Safety Convention.
(a) Each telegraphy passenger ship equipped with a radiotelegraph
station in accordance with Part II of Title III of the Communications
Act must carry two radio officers holding a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, or Radiotelegraph Operator License.
(b) Each cargo ship equipped with a radiotelegraph station in
accordance with Part II of Title II of the Communications Act and which
has a radiotelegraph auto alarm must carry a radio officer holding a
First Class Radiotelegraph Operator's Certificate, Second Class
Radiotelegraph Operator's Certificate, or Radiotelegraph Operator
License who has had at least six months service as a radio officer on
board U.S. ships. If the radiotelegraph station does not have an auto
alarm, a second radio officer who holds a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, or Radiotelegraph Operator License must be carried.
* * * * *
0
31. Section 80.165 is amended by revising the table entry for ``Ship
Morse telegraph'' to read as follows:
Sec. 80.165 Operator requirements for voluntary stations.
Minimum Operator License
------------------------------------------------------------------------
------------------------------------------------------------------------
Ship Morse telegraph........................ T.
* * * * *
------------------------------------------------------------------------
0
32. Section 80.167 is amended by revising the introductory text to read
as follows:
Sec. 80.167 Limitations on operators.
The operator of maritime radio equipment other than T-1, T-2, T, or
G licensees must not:
* * * * *
0
33. Section 80.169 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 80.169 Operators required to adjust transmitters or radar.
(a) All adjustments of radio transmitters in any radiotelephone
station or coincident with the installation, servicing, or maintenance
of such equipment which may affect the proper operation of the station,
must be performed by or under the immediate supervision and
responsibility of a person holding a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Radiotelegraph Operator
[[Page 23156]]
License, or General Radiotelephone Operator License.
(b) Only persons holding a First Class Radiotelegraph Operator's
Certificate, Second Class Radiotelegraph Operator's Certificate, or
Radiotelegraph Operator License must perform such functions at
radiotelegraph stations transmitting Morse code.
* * * * *
0
34. Section 80.203 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 80.203 Authorization of transmitters for licensing.
* * * * *
(b) * * *
(3) Except as provided in paragraph (b)(4) of this section,
programming of authorized channels must be performed only by a person
holding a First Class Radiotelegraph Operator's Certificate, Second
Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator
License, or General Radiotelephone Operator License using any of the
following procedures:
* * * * *
0
35. Section 80.401 is amended by revising the table and note 5 to read
as follows:
Sec. 80.401 Station documents requirement.
* * * * *
[GRAPHIC] [TIFF OMITTED] TR18AP13.004
Notes: * * *
5. The requirements for having the GMDSS Master Plan, NGA
Publication 117, Admiralty List of Radio Signals or IMO Circ. 7 are
satisfied by having any one of those four documents.
0
36. Section 80.409 is amended by revising paragraphs (e)(3) through
(13), (f) introductory text, (f)(1) introductory text, (f)(1)(i)(E),
(f)(2) introductory text, and (f)(3) to read as follows:
[[Page 23157]]
Sec. 80.409 Station logs.
* * * * *
(e) * * *
(3) The time of any inadvertent transmissions of distress, urgency
and safety signals including the time and method of cancellation.
(4) An entry that pre-departure equipment checks were satisfactory
and that required publications are on hand. Daily entries of
satisfactory tests to ensure the continued proper functioning of GMDSS
equipment shall be made.
(5) A daily statement about the condition of the required
radiotelephone equipment, as determined by either normal communication
or test communication;
(6) A weekly entry that:
(i) The proper functioning of digital selective calling (DSC)
equipment has been verified by actual communications or a test call;
(ii) The portable survival craft radio gear and radar transponders
have been tested; and
(iii) The EPIRBs have been inspected.
(7) An entry at least once every thirty days that the batteries or
other reserve power sources have been checked and are functioning
properly.
(8) Results of required equipment tests, including specific gravity
of lead-acid storage batteries and voltage reading of other types of
batteries provided as a part of the compulsory installation;
(9) Results of inspections and tests of compulsorily fitted
lifeboat radio equipment;
(10) When the master is notified about improperly operating
radiotelephone equipment.
(11) At the beginning of each watch, the Officer of the
Navigational Watch, or GMDSS Operator on watch, if one is provided,
shall ensure that the navigation receiver is functioning properly and
is interconnected to all GMDSS alerting devices which do not have
integral navigation receivers, including: VHF DSC, MF DSC, satellite
EPIRB and HF DSC or INMARSAT SES. On a ship without integral or
directly connected navigation receiver input to GMDSS equipment, the
Officer of the Navigational Watch, or GMDSS Operator on watch, shall
update the embedded position in each equipment. An appropriate log
entry of these actions shall be made.
(12) An entry describing any malfunctioning GMDSS equipment and
another entry when the equipment is restored to normal operation.
(13) A GMDSS radio log entry shall be made whenever GMDSS equipment
is exchanged or replaced (ensuring that ship MMSI identifiers are
properly updated in the replacement equipment), when major repairs to
GMDSS equipment are accomplished, and when annual GMDSS inspections are
conducted.
(f) Applicable radiotelephone log entries. The log entries listed
in paragraph (e) of this section are applicable as follows (vessels
subject to the Global Maritime Distress and Safety System (GMDSS)
should also refer to subpart W of this Part for additional guidance on
maintenance of station logs):
(1) Radiotelephony stations subject to the Communications Act and/
or the Safety Convention must record entries indicated by paragraphs
(e)(1) through (e)(13) of this section. Additionally, the
radiotelephone log must provide an easily identifiable, separate
section relating to the required inspection of the ship's radio
station. Entries must be made in this section giving at least the
following information.
(i) * * *
(E) The inspector's signed and dated certification that the vessel
meets the requirements of the Communications Act and, if applicable,
the Safety Convention and the Bridge-to-Bridge Act contained in
subparts R, S, U, or W of this part and has successfully passed the
inspection.
* * * * *
(2) Radiotelephony stations subject to the Great Lakes Agreement
and the Bridge-to-Bridge Act must record entries indicated by
paragraphs (e)(1), (3), (5), (6), (7), (8), (10), (11), and (13), and
of this section. Additionally, the radiotelephone log must provide an
easily identifiable, separate section relating to the required
inspection of the ship's radio station. Entries must be made in this
section giving at least the following information:
* * * * *
(3) Radiotelephony stations subject to the Bridge-to-Bridge Act
must record entries indicated by paragraphs (e)(1), (3), (5) (6), (7),
(10), and (11) of this section.
0
37. Section 80.415 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 80.415 Publications.
* * * * *
(b) * * *
(2) U.S. NGA Publication 117 may be purchased from Superintendent
of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, telephone
202-512-1800.
* * * * *
0
38. Section 80.953 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 80.953 Inspection and certification.
* * * * *
(b) An inspection and certification of a ship subject to the Great
Lakes Agreement must be made by a technician holding one of the
following: a General Radiotelephone Operator License, a GMDSS Radio
Maintainer's License, a Radiotelegraph Operator License, a Second Class
Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph
Operator's Certificate. Additionally, the technician must not be the
vessel's owner, operator, master, or an employee of any of them. The
results of the inspection must be recorded in the ship's radiotelephone
log and include:
* * * * *
0
39. Section 80.1005 is revised to read as follows:
Sec. 80.1005 Inspection of station.
The bridge-to-bridge radiotelephone station will be inspected on
vessels subject to regular inspections pursuant to the requirements of
Parts II and III of Title II of the Communications Act, the Safety
Convention or the Great Lakes Agreement at the time of the regular
inspection. If after such inspection, the Commission determines that
the Bridge-to-Bridge Act, the rules of the Commission and the station
license are met, an endorsement will be made on the appropriate
document. The validity of the endorsement will run concurrently with
the period of the regular inspection. Each vessel must carry a
certificate with a valid endorsement while subject to the Bridge-to-
Bridge Act. All other bridge-to-bridge stations will be inspected from
time to time. An inspection of the bridge-to-bridge station on a Great
Lakes Agreement vessel must normally be made at the same time as the
Great Lakes Agreement inspection is conducted by a technician holding
one of the following: a General Radiotelephone Operator License, a
GMDSS Radio Maintainer's License, a Radiotelegraph Operator License, a
Second Class Radiotelegraph Operator's Certificate, or a First Class
Radiotelegraph Operator's Certificate. Additionally, the technician
must not be the owner, operator, master, or an employee of any of them.
Ships subject to the Bridge-to-Bridge Act may, in lieu of an endorsed
certificate, certify compliance in the station log required by Sec.
80.409(f).
[[Page 23158]]
0
40. Section 80.1085 is amended by revising paragraph (b) to read as
follows:
Sec. 80.1085 Ship radio equipment-General.
* * * * *
(b) Ships must carry either the most recent edition of the IMO
publication entitled GMDSS Master Plan of Shore-Based Facilities, the
U.S. NGA Publication 117, or the Admiralty List of Radio Signals Volume
5 Global Maritime Distress and Safety System. Notice of new editions
will be published on the Commission's Wireless Telecommunications
Bureau Web page under ``Marine Services'' and information will be
provided about obtaining the new document.
* * * * *
0
41. Section 80.1129 is amended by revising paragraph (b) to read as
follows:
Sec. 80.1129 Location and homing signals.
* * * * *
(b) Homing signals are those locating signals which are transmitted
by mobile units in distress, or by survival craft, for the purpose of
providing searching units with a signal that can be used to determine
the bearing to the transmitting stations.
* * * * *
PART 87--AVIATION SERVICES
0
42. The authority citation for part 87 continues to read as follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
0
43. Section 87.87 is amended by redesignating paragraphs (b)(5) through
(6) as (b)(6) through (7), paragraph (b)(3) as (b)(5), adding a new
paragraph (b)(3), and revising paragraphs (b)(1) through (2) and (b)(4)
to read as follows:
Sec. 87.87 Classification of operator licenses and endorsements.
* * * * *
(b) * * *
(1) T-1. First Class Radiotelegraph Operator's Certificate.
Beginning May 20, 2013, no applications for new First Class
Radiotelegraph Operator's Certificates will be accepted for filing.
(2) T-2. Second Class Radiotelegraph Operator's Certificate.
Beginning May 20, 2013, no applications for new Second Class
Radiotelegraph Operator's Certificates will be accepted for filing.
(3) T-3. Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Beginning May 20,
2013, no applications for new Third Class Radiotelegraph Operator's
Certificates will be accepted for filing.
(4) T. Radiotelegraph Operator License.
* * * * *
[FR Doc. 2013-02372 Filed 4-17-13; 8:45 am]
BILLING CODE 6712-01-P