Sec. 80.59  Compulsory ship inspections.

    (a) Application for inspection of ships subject to the 
Communications Act or the Safety Convention. FCC Form 801, including 
documentation that the appropriate inspection fees have been paid, must 
be used to apply for inspection and certification for ships subject to 
Part II or Part III of Title III of the Communications Act or the Safety 
Convention. An inspection of the bridge-to-bridge radio stations on 
board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act 
will be conducted when the vessels are additionally subject to any of 
the laws and treaties mentioned in the previous sentence.
    (1) Applications for inspections of ships subject to Part II or Part 
III of Title III or the Safety Convention must be submitted to the 
Commission in sufficient time to reach the FCC field office serving the 
port where the ship is to be inspected at least three days prior to the 
proposed inspection date.
    (2) If the inspection described in paragraph (a)(1) of this section 
is to be scheduled on a Sunday, national holiday or during other than 
established working hours on any other day, the applicant must 
additionally submit FCC Form 808 to the FCC field office serving the 
port where the ship is to be inspected at least three days prior to the 
inspection.
    (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

[[Page 26]]

Class Radiotelegraph Operator's Certificate, or a First Class 
Radiotelegraph Operator's Certificate. The certification required by 
Sec. 80.953 must be entered into the ship's log. The technician 
conducting the inspection and providing the certification must not be 
the vessel's owner, operator, master, or an employee of any of them. 
Additionally, the vessel owner, operator, or ship's master must certify 
that the inspection was satisfactory. There are no FCC prior notice 
requirements for any inspection pursuant to Sec. 80.59(b).
    (c) Application for exemption. FCC Form 820 must be used to apply 
for exemption from the radio provisions of part II or III of title III 
of the Communications Act, the Safety Convention, or the Great Lakes 
Radio Agreement, or for modification or renewal of an exemption 
previously granted. Applications for exemptions must be submitted to 
Federal Communications Commission, Waiver Requests, P.O. Box 358300, 
Pittsburgh, Pennsylvania, 15251-5300. Such applications must be 
accompanied by the appropriate fee amount, as set forth in Sec. 1.1102 
of this chapter. Emergency requests must be filed with the Federal 
Communications Commission, Office of the Secretary, 1919 M Street, NW., 
room 222, Washington, DC 20554.

    Note: With emergency requests, do not send the fee, you will be 
billed.)

    (d) Temporary waiver of annual inspection. The Commission may grant 
a waiver of the annual inspection for a period not to exceed 30 days 
from the time of first arrival of a ship at a United States port 
directly from a foreign port for the sole purpose of enabling the vessel 
to proceed coastwise to another port in the United States where an 
inspection can be made.
    (1) An informal application (such as a letter or telegram, or 
telephone call to be confirmed by letter) for waiver of inspection must 
be submitted by either the vessel owner, the vessel's operating agency, 
the ship station licensee or the master of the vessel. The application 
must be submitted not earlier than 3 days in advance of the vessel's 
arrival at the United States port. The application must be submitted to 
the Commission's Engineer in Charge of the FCC District Office nearest 
the port of arrival. The application must include:
    (i) The ship's name and radio call sign;
    (ii) The name of the first United States port of arrival directly 
from a foreign port;
    (iii) The date of arrival;
    (iv) The date and port at which annual inspection will be formally 
requested to be conducted;
    (v) Reason for requesting waiver; and
    (vi) A statement that the ship's compulsory radio equipment is 
operable.
    (2) [Reserved]
    (e) Compensation for overtime services. Under section 4(f)(3) of the 
Communications Act, Engineers in Charge and Radio Engineers of the 
Compliance and Information Bureau of the Federal Communications 
Commission who may be required to remain on duty to perform services in 
connection with the inspection of ship radio equipment and apparatus for 
the purpose of Part II of Title III of the Communications Act or the 
Great Lakes Radio Agreement at night or on Sundays and holidays must 
receive extra compensation to be paid by the master, owner, or agent of 
the vessel under the following regulations:
    (1) The rates of extra compensation are payable in cases where the 
services of such engineers have been duly requested and they have 
reported for duty, even though no actual service may be performed.
    (2) The extra compensation for overtime services is in addition to 
the regular compensation paid by the government in the cases of 
engineers whose compensation is fixed on the ordinary per diem basis and 
those receiving compensation per month or per annum.
    (3) Extra compensation for waiting time will not be allowed unless 
and until the engineer actually reports for duty.
    (4) For the purpose of computing extra compensation, the word night 
means the time between the established closing hour of one day at the 
office involved and the established opening hour of the following 
business day at such office, but will not include any such time within 
the 24 hours of a Sunday or holiday. Each Sunday and each

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holiday will comprise the 24 hours between midnight and midnight. For 
the purposes of this section, the time between the established closing 
hour of an office and midnight of the day immediately preceding a Sunday 
or holiday and the time from midnight until the established opening hour 
of the day immediately following the Sunday or holiday will be 
considered as a single night. The term holiday includes only government 
recognized holidays, and such other days as may be designated national 
holidays by the President or Congress.
    (5) For authorized service in excess of 8 hours on any day excluding 
Sunday and holidays, extra compensation equivalent to one-half day's pay 
is payable for each 2 hours or fraction thereof of at least 1 hour that 
the overtime extends beyond the 8 hours when the overtime is not less 
than 1 hour. The maximum amount which may be paid for authorized 
overtime services on any day other than on a Sunday or holiday must not 
exceed 2\1/2\ days' pay.
    (6) In computing the amount earned for overtime at the rate of 
``one-half day's pay for each 2 hours or fraction thereof of at least 1 
hour that the overtime extends beyond the established closing hour'', 
one-half day's pay must be one-half of the gross daily rate of pay; each 
2 hours is the time period for the purpose of computation; at least 1 
hour means the minimum service in any 2-hour overtime period for which 
extra pay may be granted, and each additional period in the amount of 2 
hours or fraction thereof of at least 1 hour will entitle the engineer 
to an additional one-half day's pay. Payment of extra compensation for 
services consisting of at least 1 hour is authorized from the 
established closing hour, even though such services may not actually 
begin until later, Provided, That the engineer rendering the service 
remained on duty after the established closing hour, in which case the 
time between the established closing hour, and the time of beginning the 
actual services must be computed as waiting time. Where the performance 
of actual service is preceded by such a waiting time there should be an 
affirmative statement that the engineer was required to remain on duty 
between the established closing hour and the time of beginning the 
actual services.
    (7) In computing extra compensation where the services rendered are 
in broken periods, the time served should be combined with the waiting 
time and computed as continuous service.
    (8) The same considerations must apply when charging for waiting 
time as govern the charge for services actually rendered. No charge 
should be made unless after having reported for duty the waiting time 
amounts to at least 1 hour.
    (9) For any authorized services performed on Sundays and holidays, 
totalling not more than 8 hours, extra compensation is payable 
equivalent to two day's pay in addition to any regular compensation for 
such days. For any authorized service in excess of 8 hours (starting 
either before or after 5 p.m. local time) extra compensation at the rate 
of one-half days' pay, based on the normal daily rate of pay, for each 
two hours of service or fraction thereof of not less than 1 hour, is 
payable in addition to the extra compensation payable for service up to 
and including 8 hours of service. The maximum extra compensation payable 
for work on Sundays and holidays is 4\1/2\ days' pay.
    (10) When engineers are in travel status overtime will apply the 
same as if they were at an official station. However, compensation for 
such overtime must not include travel time.
    (11) Assessments and collection of fees against steamship companies 
for overtime services must be made even though the payment to employees 
for such services may not be made until funds are appropriated for that 
purpose.
    (12) An application on FCC Form 808 must be filed with the office 
being requested to furnish overtime services before such assignment can 
be made.
    (13) Overtime services must be billed to the steamship companies as 
soon as possible after the services have been performed and on a 
collection voucher (FCC Form 907). Remittance shall be by postal money 
order or certified check payable to the Collector of Customs, Treasury 
Department and forwarded to that officer at the port indicated on the 
voucher, who shall in turn deposit

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such remittance on a properly designated receipt account.
    (14) Protests against the extraction of extra compensation must be 
forwarded to the Commission at Washington, DC, and a copy sent to the 
office which furnished the overtime services.
[ 51 FR 31213 , Sept. 2, 1986, as amended at  56 FR 64715 , Dec. 12, 1991; 
 60 FR 50122 , Sept. 28, 1995;  61 FR 8478 , Mar. 5, 1996;  61 FR 25805 , May 
23, 1996]

            Subpart C--Operating Requirements and Procedures

                      Station Requirements--General