DEPOSITED BY THE JAN 4 1938 SHIP RADIOTELEGRAPH SAFETY RULES (Adopted pursuant to the Communications Act of 1934 as amended, and as further amended by Public No. 97, approved May 20, 1937.) 1. EFFECTIVE DATE These rules, exclusive of the rules contained in Appendix I, may be cited as the "Ship Radiotelegraph Safety Rules", and became effective on May 21, 1937. These rules supersede the ship radiotelegraph safety instructions of October 1, 1936, and amendments thereto of March 10, 1937, and May 4, 1937. 2. SHIPS TO WHICH THESE RULES APPLY Except as provided in paragraph 3, these Ship Radiotelegraph Safety Rules apply to all United States ships. navigated in the open sea outside of a harbor or port, and all United States and foreign ships which leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, other than a cargo ship of less than 1,600 gross tons. Owners, operating agencies and masters of such ships shall comply with the requirements hereinafter specified. 3. EXCEPTIONS The provisions of these rules shall not apply to(a) A ship of war; (b) A ship of the United States belonging to and operated by the Government, except a ship of the United States Maritime Commission, the Inland and Coastwise Waterways Service, or the Panama Railroad Co.; (c) A foreign ship belonging to a country which is a party to the Safety Convention and which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or regulations and has on board a valid certificate to that effect; (d) Yachts of less than 600 gross tons not subject to the radio provisions of the Safety Convention; (e) Vessels in tow; 18679-37- -1 VK 877 4573 1957 1 Safety Conven tion. Passenger. Person. Ship or vessel. Passenger ship. Cargo ship. Radio watch. A vessel navigating solely on the Great Lakes,' or on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a vessel leaving or attempting to leave any harbor or port of the United States for a voyage solely on the Great Lakes, or on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States. 4. DEFINITIONS Unless the context otherwise requires, the expressions used herein have the meaning hereby assigned to them: (a) "Safety Convention" means the International Convention for the Safety of Life at Sea, London, 1929, and the regulations referred to therein. (b) "Passenger" is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship: (2) persons employed to carry on the business of the ship; and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations, or by reason of any circumstances over which neither the master, the owner, nor the charterer (if any) has control. (c) The term "person" as used in these rules means any person carried on board a ship, including officers and crew. (d) A "ship" or "vessel" includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat. (e) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. (f) "Cargo ship" means any ship which is not a passenger ship. (g) The term "radio watch" or "watch" as used in these Safety Rules means the service performed by a qualified operator when on duty in the radio room of a vessel listening continuously for signals of other stations transmitting on the international calling and distress frequency,2 500 kc, except when such operator, subject to authority of the master, is engaged in transmitting or receiving signals or messages on any authorized frequency, to or from any station in the maritime mobile 1 Such part or parts of the act entitled "An act to require apparatus and operators for radio communication on certain ocean steamers", approved June 24, 1910, as amended (generally known as the Ship Act) as relate to the ocean and to steamers navigating thereon, were repealed by sec. 602 (e) of the Communications Act of 1934, as amended by Public, No. 97, approved May 20, 1937. In all other respects said act is continued in full force and effect. See also rule 284 (d) in appendix I. 2 The distress frequency on the Great Lakes is 410 kilocycles. service. Regardless of message traffic and signals, however (except distress, urgent, or safety signals and messages), the operator shall listen on 500 kc at least twice per hour during the international silent period for three minutes, beginning at 15 minutes and at 45 minutes past each hour, Greenwich mean time, as specified by article 19, paragraph 2, of the General Radio Regulations annexed to the International Telecommunication Convention, Madrid, 1932. on United States (h) A "qualified operator" or "operator" on a ship of Qualified operator the United States means a person holding a radio opera- vessel. tor's license of the proper class, as prescribed and issued by the Commission.3 on foreign vessel. (i) A "qualified operator" or "operator" on a foreign Qualified operator ship means a person holding a certificate as such complying with the provisions of the General Radio Regulations annexed to the International Telecommunication Convention, Madrid, 1932, or complying with an agreement or treaty between the United States and the country to which the ship belongs. (5) "Harbor" or "port" means any place to which ships Harbor or port. may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artificial.' voyage. (k) An "international voyage" is a voyage from a International country to which the Safety Convention applies to a port outside such country, or conversely; and for this purpose every colony, overseas territory, protectorate, or territory under suzerainty or mandate is regarded as a separate country. () "Commission" means the Federal Communications Commission. Commission. (m) 1. "Auto alarm" on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. 2. "Auto alarm" on a ship of the United States subject to the provisions of these rules means an automatic alarm receiver complying with law and approved by the Commission. Rules 420 to 448 of the general rules of the Commission relate to the qualifications of radio operators. 4 Sec. 3 (x) of the Communications Act of 1934, as amended by Public, No. 97, approved May 20, 1937, reads in part as follows: "Nothing in this Act, or in any other provision of law shall be construed to require the recognition of an auto alarm as complying with Part II of Title III of this Act on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus." Auto alarm on a foreign ship. Auto alarm on a United States ship. Compliance with tion. Safety certificate safety radio telegraphy certificate issued by BMIN. Issuance contingent upon compliance these rules. Exemption certificate. Commission's decision final. Violation of. 5. CERTIFICATES 5 (a) Every ship of the United States to which the Safety Convention applies shall comply with the radio and communications provisions of said Convention at all times while the vessel is in use, in addition to all other requirements of law, and shall have on board an appropriate certificate as prescribed herein. (b) The safety certificate (for passenger ships) and the safety radiotelegraphy certificate (for cargo ships) showing compliance with the radio provisions of the Safety Convention will be issued by the Bureau of Marine Inspection and Navigation, Department of Commerce. (c) The issuance of these certificates will be contingent upon compliance with the provisions of these rules as determined by an inspection by the Commission of the radiotelegraph installation on the ship in question. Following the inspection, the radio particulars will be certified by the Commission to the Bureau of Marine Inspection and Navigation for insertion in the Certificate. (d) An exemption certificate granting to a particular ship an exemption from the radio requirements of the Safety Convention will be issued by the Bureau of Marine Inspection and Navigation upon certification to the Bureau by the Commission after determination by the Commission as hereinafter specified. (e) The decision of the Commission in all matters affecting the use of radio on board ships subject to the provisions hereof will be final subject to review only in accordance with law. (f) If the holder of a safety certificate or a safety radiotelegraphy certificate violates the provisions of the Safety Convention, or of the Communications Act, or the rules, regulations, or conditions prescribed by the 5 Instructions governing procedure when in foreign ports. (a) Ships of the United States subject to the Safety Convention in ports of any of the foreign countries parties to the Safety Convention (see appendix II) may expect to be required by local authorities to exhibit a safety certificate, a safety radiotelegraphy certificate, or an exemption certificate relating to radio issued by the Government of the United States. Lacking a certificate, or if the local authorities, upon inspection, find that the ship does not comply with the terms of the Certificate or the Safety Convention, the ship will then be subject to the laws of the country concerned applicable to such a case. (b) In the event any ship owner or ship operating agency has a vessel in foreign waters, for which a convention certificate (covering radio) is desired and which cannot be made available to the Commission for inspection, a letter outlining the circumstances should be directed to the Commission. Appropriate instructions will be issued upon receipt of such letter. If circumstances will not permit of this procedure while the ship is in a port of one of the countries parties to the Safety Convention, the master of the ship may apply to a United States Consul in that country to request the appropriate local Government authorities to make the required inspection and issue a safety radiotelegraphy certificate, or, in case of a passenger vessel, complete the radio particulars on the safety certificate. The consul should request that the certificate contain the following clause: "Good only until this vessel reaches a port of the continental United States, but in any event for a period not exceeding five months." Such certificates issued under the authority of the foreign government will be accorded the same force as certificates issued by the United States. (c) If a ship at the time a certificate expires is not in a port of the United States, the certificate may be extended by applying to a United States Consul but such extension will be granted only for the purpose of allowing the ship to complete its return voyage to its own country. No certificate will be extended for a longer period than five months. All ships of American registry engaged on international voyages, other than cargo vessels of less than 1,600 gross tons, except vessels navigating solely on the Great Lakes or on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States. Commission, and if the effective administration of the Safety Convention or of the Communications Act so requires, the Commission, after hearing in accordance with law, may request the modification or cancellation of such certificate by the Bureau of Marine Inspection and Navigation of the Department of Commerce. (g) The responsibility for initiating action preliminary to obtaining a safety, safety radiotelegraphy, or exemption certificate, rests upon the ship owner, ship operating agency, licensee of the ship station, and master. 6. INSPECTIONS 7 (a) Every ship of the United States, to which these Annual inspecsafety rules apply, shall have its radiotelegraph installa- tion mandatory. tion inspected by the Commission at least once each year. (b) Upon receipt of an application in proper form, the Commission will make the annual inspection, prescribed by paragraph 6 (a) hereof, of the radiotelegraph installation aboard a vessel of the United States subject to these rules. The responsibility for initiating action, Responsibility preliminary to this inspection, rests upon the ship owner, on applicant. ship operating agency, ship station licensee, and master. (c) If, after inspection of a ship station subject to these rules, the Commission is satisfied that all relevant provisions of law, rules and regulations, and the station license, have been complied with, that fact will be certified to on the station license. (d) In addition to the annual inspection and the inspection preliminary to issuance of a safety certificate or a safety radiotelegraphy certificate, other inspections may be made by radio inspectors of the Commission or other authorized Government representatives at frequent intervals, to insure compliance with these provisions. (e) The radio installation aboard a ship shall be available for inspection by authorized Government representatives at any reasonable time. 1 Instructions relative to applications for inspection of ship stations.-Application forms for inspection may be obtained from any office of the Commission, or any office of the Bureau of Marine Inspection and Navigation, Department of Commerce, and upon completion should be returned to the office of the inspector in charge of the radio district embracing the port at which it is desired that the inspection be made. A list of the radio districts, giving the address of each inspector in charge and the ports embraced by each district is attached as appendix III. To avoid delays and obviate the necessity for reinspection, the owner should have his radio representative make a preliminary inspection and make such repairs, replacements, additions, and adjustments of the radio installation as may be necessary to insure compliance with these requirements. Failure to comply with this procedure may result in considerable delay ensuing before a ship station license can be endorsed or a recommendation for safety or safety radiotelegraphy certificate can be forwarded by the Commission to the Bureau of Marine Inspection and Navigation. This possibility of delay arises from the fact that the Commission's ship inspection force is relatively small at the present time and because such inspections are planned in accordance with a definite schedule. On the date determined upon for inspection by the Commission, the owner must have, in addition to his radio representative, at least one operator, preferably the chief operator, in attendance. In addition, there must be such members of the crew, or other persons as may be necessary to launch the radio-equipped lifeboat(s) and to lower and hoist the ship's antenna. Proper power must be available to operate the equipment. in applying rests |