[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.

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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 http://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