47 U.S.C. § 352 — Exemptions

Page 218 TITLE 47—TELECOMMUNICATIONS § 351 subparagraph (A) and a covered provider updates its own databases to match the central database not less frequently than once every 30 days, no cause of action shall lie or be maintained in any court against the covered provider or its officers, employ- ees, or agents for claims deriving from omission from consumer-facing logs of calls or text messages of any records of calls or text messages to covered hotlines in the central database.’’ DEFINITIONS Pub. L. 117–223, § 2, Dec. 7, 2022, 136 Stat. 2280, provided that: ‘‘Except as otherwise provided in this Act [enact- ing this section and provisions set out as notes under this section], terms used in this Act that are defined in section 345(a) of the Communications Act of 1934 [47 U.S.C. 345(a)], as added by section 4 of this Act, have the meanings given those terms in such section 345(a).’’ PART II—RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP § 351. Ship radio stations and operations (a) Except as provided in section 352 hereof it shall be unlawful— (1) For any ship of the United States, other than a cargo ship of less than three hundred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than three hun- dred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio station in op- erating condition, as specified by subpara- graphs (A) and (B) of this paragraph, in charge of and operated by one or more radio officers or operators, adequately installed and pro- tected so as to insure proper operation, and so as not to endanger the ship and radio station as hereinafter provided, and, in the case of a ship of the United States, unless there is on board a valid station license issued in accord- ance with this chapter. (A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross tons and upward shall be equipped with a radiotelegraph station complying with the provisions of this part; (B) Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, unless equipped with a radiotelegraph station complying with the provisions of this part, shall be equipped with a radiotelephone station complying with the provisions of this part. (2) For any ship of the United States of one thousand six hundred gross tons and upward to be navigated in the open sea outside of a har- bor or port, or for any such ship of the United States or any foreign country to leave or at- tempt to leave any harbor or port of the United States for a voyage in the open sea, un- less such ship is equipped with efficient radio direction finding apparatus approved by the Commission, properly adjusted in operating condition as hereinafter provided. (b) A ship which is not subject to the provi- sions of this part at the time of its departure on a voyage shall not become subject to such provi- sions on account of any deviation from its in- tended voyage due to stress of weather or any other cause over which neither the master, the owner, nor the charterer (if any) has control. (June 19, 1934, ch. 652, title III, § 351, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 192; amended Aug. 13, 1954, ch. 729, § 1(a), 68 Stat. 704; Pub. L. 89–121, § 2, Aug. 13, 1965, 79 Stat. 512.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1965—Subsec. (a). Pub. L. 89–121 substituted ‘‘radio station’’ for ‘‘radio installation’’, broadened coverage so as to extend to vessels over 300 tons rather than 500 tons, required passenger ships irrespective of size and cargo ships over 1600 tons to be equipped with a radio telegraph station and cargo ships over 300 tons, unless equipped with a radiotelegraph station, to be equipped with a radiotelephone station, and eliminated provi- sions which empowered the Commission to defer the ap- plication of the provisions of paragraphs (1) and (2) of this subsection for periods not beyond Jan. 1, 1955, and Nov. 19, 1954, respectively. 1954—Subsec. (a)(1). Act Aug. 13, 1954, broadened cov- erage so as to extend to vessels over 500 tons rather than 1,600 tons. Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage so as to extend to any United States flag vessel of 1,600 gross tons or over rather than any passenger vessel of 5,000 gross tons or over. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 16 of act May 20, 1937, provided that: ‘‘This Act [enacting this part, amending sections 151, 153, 154, 303, 321, 322, 329, 402, 504, and 602 of this title, and re- pealing sections 484 to 487 of former Title 46, Shipping] shall take effect upon approval [May 20, 1937] provided that the Commission may defer the application of all or any part of sections 351 to 355 [sections 351 to 355 of this title], inclusive, for a period not to exceed six months after approval, in regard to any ship or classes of ships of the United States which are not subject to the provisions of the safety convention, if it is found impracticable to obtain the necessary equipment or make the required installations.’’ JOINT STUDIES OF NEED FOR SAFETY DEVICES ON CERTAIN CARGO SHIPS; REPORT Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the Federal Communications Commission, the United States Coast Guard, and the Federal Maritime Admin- istration, acting jointly, to make a full and complete study and investigation with respect to the need for in- stalling automatic radiotelegraph call selectors on cargo ships of the United States carrying less than two radio operators, and other such safety devices, and the feasibility thereof, and required a report to the Con- gress not later than Mar. 1, 1957. § 352. Exemptions (a) Vessels excepted The provisions of this part shall not apply to— (1) A ship of war; (2) A ship of the United States belonging to and operated by the Government, except a ship Page 219 TITLE 47—TELECOMMUNICATIONS § 352 of the Maritime Administration of the Depart- ment of Transportation, the Inland and Coast- wise Waterways Service, or the Panama Canal Company; (3) A foreign ship belonging to a country which is a party to any Safety Convention in force between the United States and that country 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 certifi- cate to that effect, or which ship is not subject to the radio provisions of any such Conven- tion; (4) Yachts of less than six hundred gross tons not subject to the radio provisions of the Safe- ty Convention; (5) Vessels in tow; (6) A ship navigating solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected wa- ters within the jurisdiction of the United States; (7) A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Is- land, the sixty-third meridian, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on such waters and within such area; (8) A ship which is navigated during the course of a voyage both on the Great Lakes of North America and in the open sea, during the period while such ship is being navigated with- in the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert lock at Montreal in the Province of Quebec, Canada. (b) Radio station unreasonable or unnecessary Except for nuclear ships, the Commission may, if it considers that the route or the condi- tions of the voyage or other circumstances are such as to render a radio station unreasonable or unnecessary for the purposes of this part, ex- empt from the provisions of this part any ship or class of ships which falls within any of the fol- lowing descriptions: (1) Passenger ships which in the course of their voyage do not go more than twenty nau- tical miles from the nearest land or, alter- natively, do not go more than two hundred nautical miles between two consecutive ports; (2) Cargo ships which in the course of their voyage do not go more than one hundred and fifty nautical miles from the nearest land; (3) Passenger vessels of less than one hun- dred gross tons not subject to the radio provi- sions of the Safety Convention; (4) Sailing ships. (c) Unforeseeable equipment failures If, because of unforeseeable failure of equip- ment, a ship is unable to comply with the equip- ment requirements of this part without undue delay of the ship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b) shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in ac- cordance with subsection (b) to permit the ship to proceed to a port where the equipment defi- ciency may be remedied. (d) Radio direction finding apparatus unreason- able or unnecessary Except for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Com- mission may exempt from the requirements, for radio direction finding apparatus, of this part and of the Safety Convention, any ship which falls within the descriptions set forth in para- graphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that the route or conditions of the voyage or other circumstances are such as to render such apparatus unreason- able or unnecessary. (June 19, 1934, ch. 652, title III, § 352, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 192; amended Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038; Aug. 13, 1954, ch. 729, § 1(b), (c), 68 Stat. 705; Pub. L. 89–121, § 3, Aug. 13, 1965, 79 Stat. 512; Pub. L. 97–31, § 12(151), Aug. 6, 1981, 95 Stat. 167.) Editorial Notes REFERENCES IN TEXT Panama Canal Company, referred to in subsec. (a)(2), deemed to refer to Panama Canal Commission, see sec- tion 3602(b)(5) of Title 22, Foreign Relations and Inter- course. AMENDMENTS 1981—Subsec. (a)(2). Pub. L. 97–31 substituted ‘‘Mari- time Administration of the Department of Transpor- tation’’ for ‘‘United States Maritime Commission’’. For prior transfers of functions, see Transfer of Functions note set out below. 1965—Subsec. (a). Pub. L. 89–121, § 3(a), added pars. (6) to (8) and struck out former par. (6) which made the provisions of this part inapplicable to a vessel navi- gating solely on the Great Lakes, or on any bays, sounds, rivers, or protected waters within the jurisdic- tion of the United States, or to a vessel leaving or at- tempting 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. Subsec. (b). Pub. L. 89–121, § 3(b), excepted nuclear ships and substituted ‘‘or, alternatively, do not go more than two hundred nautical miles’’ for ‘‘or more than two hundred nautical miles’’. Subsec. (d). Pub. L. 89–121, § 3(c), added subsec. (d). 1954—Subsec. (a)(3). Act Aug. 13, 1954, § 1(b), sub- stituted ‘‘any Safety Convention in force between the United States and that country’’ for ‘‘the Safety Con- vention and’’ and inserted at end ‘‘or which ship is not subject to the radio provisions of any such Conven- tion’’. Subsec. (c). Act Aug. 13, 1954, § 1(c), added subsec. (c). 1950—Subsec. (a)(2). Act Sept. 26, 1950, substituted ‘‘Panama Canal Company’’ for ‘‘Panama Railroad Com- pany’’. Page 220 TITLE 47—TELECOMMUNICATIONS § 353 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. EXEMPTION OF COMMERCIAL FISHING VESSELS OPER- ATING IN ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8336, Jan. 1, 2021, 134 Stat. 4708, provided that: ‘‘(a) DEFINITION OF SECRETARY.—In this section, the term ‘Secretary’ means the Secretary of the depart- ment in which the Coast Guard is operating. ‘‘(b) EXEMPTION.—Subject to subsection (c), the Fed- eral Communications Commission shall exempt fishing vessels that primarily operate in the Alaskan Region, including fishing vessels that transit from States in the Pacific Northwest to conduct fishing operations in the Alaskan Region, from the requirements relating to car- riage of VHF–DSC and MF–DSC equipment under sub- part W of part 80 of title 47, Code of Federal Regula- tions, or any successor regulation. ‘‘(c) FUNCTIONAL REQUIREMENTS.—A fishing vessel ex- empted under subsection (b) shall— ‘‘(1) be capable of transmitting ship-to-shore dis- tress alerts using not fewer than 2 separate and inde- pendent systems, each using a different radio commu- nication service; ‘‘(2) be equipped with— ‘‘(A) a VHF radiotelephone installation; ‘‘(B) an MF or HF radiotelephone installation; ‘‘(C) a Category 1, 406.0–406.1 MHz EPIRB meeting the requirements of section 80.1061 of title 47, Code of Federal Regulations, or any successor regula- tion; ‘‘(D) a NAVTEX receiver meeting the require- ments of section 80.1101(c)(1) of title 47, Code of Fed- eral Regulations, or any successor regulation; ‘‘(E) survival craft equipment meeting the re- quirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and ‘‘(F) a Search and Rescue Transponder meeting the requirements of section 80.1101(c)(6) of title 47, Code of Federal Regulations, or any successor regu- lation; ‘‘(3) maintain a continuous watch on VHF Channel 16; and ‘‘(4) as an alternative to the equipment listed in subparagraphs (A) through (F) of paragraph (2), carry equipment found by the Federal Communications Commission, in consultation with the Secretary, to be equivalent or superior with respect to ensuring the safety of the vessel. ‘‘(d) DEFINITION OF ALASKAN REGION.—Not later than 30 days after the date of enactment of this Act [Jan. 1, 2021], the Secretary shall define the term ‘Alaskan Re- gion’ for purposes of this section. The Secretary shall include in the definition of such term the area of re- sponsibility of Coast Guard District 17.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of United States Maritime Commission, see Reorg. Plan No. 21 of 1950 and Reorg. Plan No. 7 of 1961, set out in the Appendix to Title 5, Government Organization and Employees. § 353. Radio equipment and operators (a) Two radio officers required Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safety purposes, carry at least two radio officers. (b) One radio officer required A cargo ship which in accordance with this part is equipped with a radiotelegraph station, which is equipped with a radiotelegraph auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months’ previous service in the aggregate as a radio officer in a station on board a ship or ships of the United States. (c) Required watches Each ship of the United States which in ac- cordance with this part is equipped with a radio- telegraph station shall, while being navigated in the open sea outside of a harbor or port, keep a continuous watch by means of radio officers whenever the station is not being used for au- thorized traffic: Provided, That, in lieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper operating condition, a watch of at least eight hours per day, in the ag- gregate, shall be maintained by means of a radio officer. (d) Hours of watch The Commission shall, when it finds it nec- essary for safety purposes, have authority to prescribe the particular hours of watch on a ship of the United States which in accordance with this part is equipped with a radiotelegraph sta- tion. (e) Operational status of auto alarms in open sea On all ships of the United States equipped with a radiotelegraph auto alarm, said appa- ratus shall be in operation at all times while the ship is being navigated in the open sea outside of a harbor or port when the radio officer is not on watch. (June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193; amended July 8, 1941, ch. 278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25, 1947, ch. 327, § 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729, § 1(d), 68 Stat. 705; Pub. L. 89–121, § 4, Aug. 13, 1965, 79 Stat. 513.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121, among other changes, sub- stituted wherever appearing ‘‘radiotelegraph station’’ for ‘‘radiotelegraph installation’’, ‘‘radiotelegraph auto alarm’’ for ‘‘auto-alarm’’, and ‘‘radio officer’’ and ‘‘radio officers’’ for ‘‘qualified operator’’ and ‘‘qualified operators’’, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic, and inserted ‘‘while being navigated in the open sea’’ in two places. 1954—Act Aug. 13, 1954, amended section to make clear that it applies only to ships equipped with a ra- diotelegraph installation, not those fitted with a radio- telephone installation. 1943—Subsec. (b). Act June 22, 1943, substituted ‘‘the termination of such emergency or such earlier date as Congress by concurrent resolution may designate’’ for ‘‘June 30, 1943’’. 1941—Subsec. (b). Act July 8, 1941, inserted exception respecting national emergency.