8.112 Safety radiotelegraphy certificate issued by Bureau of Marine Inspection and Navigation. 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.* [Part 5 (b)]

8.113 Issuance contingent upon compliance with these rules. The issuance of these certificates will be contingent upon compliance with the provisions of the rules in this subpart 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.** [Part 5 (c)]

8.114 Exemption certificate. 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.*+ (Sec. 352 (b), 50 Stat. 193; 47 U.S.C., Sup., 352 (b)) [Part 5 (d)]

8.115 Commission's decision final. The decision of the Commission in all matters affecting the use of radio on board ships subject to the provisions of this subpart will be final subject to review only in accordance with law.*t [Part 5 (e)]

8.116 Violation of Safety Convention, Communications Act. If the holder of a safety certificate or a safety radiotelegraphy certificate violates the provisions of the Safety Convention, or of the Com

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 5 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 5 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.

*For statutory citation, see note to § 8.59.

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munications Act, or the rules, regulations, or conditions prescribed by the 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 cancelation of such certificate by the Bureau of Marine Inspection and Navigation of the Department of Commerce.*t [Part 5 (f)]

8.117 Responsibility for application. 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." [Part 5 (g)]

INSPECTIONS 43

8.121 Annual inspection mandatory. Every ship of the United States, to which the safety rules in this subpart apply, shall have its radiotelegraph installation inspected by the Commission at least once each year.* [Part 6 (a)]

8.122 Responsibility for initiating application. Upon receipt of an application in proper form, the Commission will make the annual inspection, prescribed by § 8.121, of the radiotelegraph installation aboard a vessel of the United States subject to the rules in this subpart. The responsibility for initiating action, preliminary to this inspection, rests upon the ship owner, ship operating agency, ship station licensee, and master.*t [Part 6 (b)]

8.123 Certification of station license. If, after inspection of a ship station subject to the rules in this subpart, 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.*+ [Part 6 (c)]

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.

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.

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*For statutory citation, see note to § 8.59.

8.124 Inspections other than annual. 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 the provisions of this subpart.*+ [Part 6 (d)]

8.125 Availability of station for inspection. The radio installation aboard a ship shall be available for inspection by authorized Government representatives at any reasonable time.*+ [Part 6 (e)]

STATION LICENSE

8.131 Certificates in addition to licenses. The safety certificate, safety radiotelegraphy certificate, and the exemption certificate discussed in this subpart and the procedure for obtaining such certificates are in addition to, and entirely separate and apart from, the ship radio station licenses required under the Communications Act of 1934 as. amended. Ships not heretofore required to be equipped with radio installations but which are subject to the present rules must apply for ship radio station licenses in accordance with the existing procedure.*† [Part 7 (a)]

8.132 Required items stated in license. In addition to the provisions normally included in a ship radio station license, the station license of each ship of the United States subject to the rules in this subpart will include particulars with reference to the items specifically required thereby.*+ [Part 7 (b)]

LAWS AND TREATIES

8.135 Applicability. Nothing contained in this subpart is to be construed as relieving any ship subject to the "Act to require apparatus and operators for radio communication on certain ocean steamers" approved June 24, 1910, as amended by an Act approved July 23, 1912 (the Ship Act), the Communications Act of 1934 as amended, the International Telecommunication Convention, Madrid, 1932, the General Radio Regulations annexed thereto, or any additional rules and regulations of the Commission, from full compliance therewith. The Communications Act, the Safety Convention, and all present rules are to be construed as supplementing the General Radio Regulations annexed to the International Telecommunication Convention, Madrid, 1932, designated above, in all matters governed by both. However, the provisions of the Ship Act now are applicable to vessels only when they are navigated on the Great Lakes.* (Sec. 359, 50 Stat. 195; 47 U.S.C., Sup., 359) [Part 8]

CROSS REFERENCE: For provisions of the Ship Act, see § 8.1.

APPLICATIONS FOR EXEMPTION

8.141. Instructions. An application under oath may be made direct to the Federal Communications Commission at Washington,

*For statutory citation, see note to § 8.59.

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D. C., requesting that a particular ship be exempt from the provisions of the Safety of Life at Sea Convention; title III, part II, of the Communications Act of 1934 (50 Stat. 192) as amended, and the rules in this subpart. It should describe the ship, or ships, to which it applies, the nature and extent of the voyages for which exemption is claimed, the maximum distance from land the ship is expected to be navigated and should specify in detail the reasons for exemption. Certified copies of the log of a number of voyages made (over periods of time which may be specified by the Commission) by the subject ship over the waters in question should be submitted. In case any accidents have occurred recently on the route in question, full particu lars regarding the facts should be submitted, including a statement of the communication facilities which were available.* (Sec. 352 (b), 50 Stat. 193; 47 U.S.C., Sup., 352 (b)) [Part 9 (a)]

8.142 Eligible cases. Consideration will be given to requests for exemption in the following cases only and upon the basis that the route and conditions of the voyage or voyages, are such as to render a radio installation (as specified in this subpart) unreasonable or

unnecessary:

(a) Individual passenger ships which, in the course of their voyage do not go more than

(1) 20 miles from the nearest land; or

(2) 200 miles in the open sea between two consecutive ports.

(b) Passenger ships less than 100 gross tons not subject to the radio provisions of the Safety Convention.

(c) Sailing ships.

(d) Individual cargo ships which, in the course of their voyage do not go more than 150 miles from the nearest land.* (Sec. 352 (b), 50 Stat. 193; 47 U.S.C., Sup., 352 (b)) [Part 9 (b)]

8.143 Issuance of exemption certificate. If the Commission shall determine that an exemption is warranted, the Commission will approve the issuance of an exemption certificate to such ships on international voyages, which will then be issued by the Bureau of Marine Inspection and Navigation of the Department of Commerce.* 352 (b), 50 Stat. 193; 47 U.S.C., Sup., 352 (b)) [Part 9 (c)]

(Sec.

8.144 Ships not subject to Safety Convention. With regard to United States ships not subject to the Safety Convention, an appropriate certification will be issued by the Commission.*t (Sec. 352 (b), 50 Stat. 193; 47 U.S.C., Sup., 352 (b)) [Part 9 (d)]

8.145 Finality of Commission's decision. The determination of the Commission in respect to exemptions provided for in this subpart will be final, subject only to the right of review by the courts.* [Part 9 (e)]

LOCATION OF RADIO STATION

8.151 Approval of Bureau of Marine Inspection and Navigation. The ship's radio operating room and the emergency or reserve installation shall be placed in the upper part of the ship in a position of the greatest possible safety and as high as practicable above the

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*For statutory citation, see note to § 8.59.

deepest load water line, and the location of such room or rooms will be approved by the Bureau of Marine Inspection and Navigation of the Department of Commerce.* [Part 10]

RADIOTELEGRAPH EQUIPMENT

8.156 Main and emergency installation. The radiotelegraph installation shall comprise a main and an emergency or reserve installation; Provided, however, That on a cargo ship, if the main installation complies with all the requirements of an emergency or reserve installation, the emergency or reserve installation may be omitted.* (Sec. 356, 50 Stat. 194; 47 U.S.C., Sup., 356) [Part 11 (a)]

8.157 Arrangement. The main and emergency installations shall be so arranged that change from transmission to reception and vice versa can be made as rapidly as possible.* (Sec. 356, 50 Stat. 194; 47 U.S.C., Sup., 356) [Part 11 (b)]

be

8.158 Approval by the Commission. Approval of the radio installation within the radio room of a ship of the United States to which the rules in this subpart apply, including the electrical wiring interconnecting the various components of the installation, will be within the jurisdiction of the Commission.*t (Sec. 356, 50 Stat. 194; 47 U.S.C., Sup., 356) [Part 11 (c)]

TRANSMITTERS

8.161 Frequency. The main and emergency or reserve transmitters shall be capable of transmitting on the distress frequency, 500 kilocycles; the direction-finder frequency, 375 kilocycles; and also at least one working frequency in the band 350-485 kilocycles, and be capable of changing from any one of the frequencies to any one of the others as rapidly as possible. They must be capable of types A-2 or B (spark) emission, and must have a note frequency of not less than 100 cycles per second.*** [Part 12 (a)]

44

**§§ 8.161 to 8.165, inclusive, issued under the authority contained in sec. 354, 50 Stat. 193; 47 U.S.C., Sup., 354.

8.162 Range. The main transmitter shall have a normal range of at least 200 nautical miles; that is to say, it must be capable of transmitting clearly perceptible signals from ship to ship over a range of 200 nautical miles by day under normal conditions and circumstances. The normal range of the emergency or reserve transmitter as defined above must be at least 100 nautical miles.** [Part 12 (b)]

8.163 Power. A radiotelegraph transmitter installed on board a vessel of the United States subject to title III, part II of the Communications Act of 1934, as amended, which complies with the following specifications, is approved as meeting the requirements of § 8.162: 44 See § 8.55.

*For statutory citation, see note to § 8.59. **For statutory citation, see note to § 8.161.

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