47 U.S.C. § 354a — Technical requirements of equipment on

Page 222 TITLE 47—TELECOMMUNICATIONS § 354a of taking bearings from which the true bear- ing and direction may be determined. It shall be capable of receiving signals on the radio- telegraph frequencies assigned by the radio regulations annexed to the International Tele- communication Convention in force for the purposes of distress, direction finding, and maritime radio beacons, and, in installations made after May 26, 1965, such other frequencies as the Commission may for safety purposes designate. (June 19, 1934, ch. 652, title III, § 355, formerly § 354, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193; amended 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; renumbered § 355 and amended Aug. 13, 1954, ch. 729, § 2(a)(1), (c), 68 Stat. 706; Pub. L. 89–121, § 6, Aug. 13, 1965, 79 Stat. 514.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121 substituted ‘‘radiotelegraph sta- tion’’ for ‘‘radio installation’’ in opening provisions. Subsec. (a). Pub. L. 89–121, among other changes, sub- stituted ‘‘radiotelegraph station’’ for ‘‘radio installa- tion’’, required the main installation and the reserve installation to be electrically separate and independent of each other, and included cargo ships between 300 and 500 tons within the ships that may omit the reserve transmitter if the main transmitter complies with all the requirements for the reserve transmitter. Subsec. (b). Pub. L. 89–121 required the radiotelegraph station to be so located that no harmful interference will be caused to the proper reception of radio signals, and to be installed in such a position that it will be protected against the harmful effects of water or ex- tremes of temperature, and will be readily accessible both for immediate use in case of distress and for re- pair. Subsec. (c). Pub. L. 89–121 added subsec. (c) and redes- ignated former subsec. (c) as (d). Subsec. (d). Pub. L. 89–121 redesignated former subsec. (c) as (d), and substituted ‘‘main and reserve installa- tions shall be capable of transmitting and receiving on the frequencies, and using the classes of emission, des- ignated’’ for ‘‘main and emergency or reserve installa- tions shall be capable of transmitting and receiving on the frequencies and types of waves designated’’. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 89–121 redesignated former subsec. (d) as (e), and inserted provisions requiring the reserve installation to have a minimum normal range of 100 nautical miles. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 89–121 redesignated former subsec. (e) as (f), and substituted ‘‘electrical energy’’ for ‘‘power’’ and ‘‘operate the main installation over the normal range required by subsection (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station’’ for ‘‘oper- ate the main radio installation efficiently under nor- mal conditions over the range specified in subsection (d) of this section’’. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 89–121 redesignated former subsec. (f) as (g), directed that the reserve source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer, and eliminated provisions which stated that for the emer- gency or reserve installation the normal range shall be at least 100 nautical miles. Former subsec. (g) redesig- nated (h). Subsec. (h). Pub. L. 89–121 redesignated former sub- sec. (g) as (h), and substituted provisions requiring the method of communication between the bridge and the radiotelegraph room and the location of the radio di- rection finding apparatus to be an efficient two-way system for calling and voice communication for provi- sions which required an efficient means of communica- tion. Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 89–121 redesignated former subsec. (h) as (i), and substituted provisions requiring the appa- ratus to be capable of receiving signals with the min- imum of receiver noise for provisions which required the apparatus to be capable of receiving clearly percep- tible signals. 1954—Act Aug. 13, 1954, § 2(a)(1), amended credit to section by changing section number from ‘‘354’’ to ‘‘355’’ of act June 19, 1934. Subsec. (a). Act Aug. 13, 1954, § 2(c), provided for a ‘‘reserve radiotelegraph installation’’ instead of merely a ‘‘reserve installation’’. 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treas- ury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that not- withstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS ‘‘Commandant of the Coast Guard’’ substituted in subsec. (b) for ‘‘Bureau of Marine Inspection and Navi- gation, Department of Commerce’’ on authority of Reorg. Plan No. 3 of 1946, §§ 101–104, set out in the Ap- pendix to Title 5. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with cer- tain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Com- mandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14. § 354a. Technical requirements of equipment on radiotelephone equipped ships Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons may, in lieu of the radiotelegraph station prescribed by section 354 of this title, be equipped with a radiotelephone station com- plying with the following requirements: (a) The radiotelephone station shall be in the upper part of the ship, so located that it is shel- tered to the greatest possible extent from noise which might impair the correct reception of messages and signals, and, unless such station is Page 223 TITLE 47—TELECOMMUNICATIONS § 357 situated on the bridge, there shall be efficient communication with the bridge. (b) The radiotelephone installation shall be ca- pable of transmitting and receiving on the fre- quencies, and using the classes of emission, des- ignated by the Commission pursuant to law for the purposes of distress and safety of navigation. (c) The radiotelephone installation shall have a minimum normal range of one hundred and fifty nautical miles; that is, it shall be capable of transmitting and receiving clearly percep- tible signals from ship to ship by day and under normal conditions and circumstances over this range. (d) There shall be available at all times a main source of electrical energy sufficient to operate the installation over the normal range required by subsection (c) of this section. If batteries are provided they shall have sufficient capacity to operate the transmitter and receiver for at least six continuous hours under normal working con- ditions. In installations made on or after No- vember 19, 1952, a reserve source of electrical en- ergy shall be provided in the upper part of the ship unless the main source of energy is so situ- ated. (June 19, 1934, ch. 652, title III, § 356, as added Aug. 13, 1954, ch. 729, § 2(d), 68 Stat. 706; amended Pub. L. 89–121, § 7, Aug. 13, 1965, 79 Stat. 515.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121 limited the opening provisions to cargo ships of 300 gross tons and upwards. Subsec. (a). Pub. L. 89–121 required the radiotelephone station to be so located that it is sheltered to the greatest possible extent from noise which might impair the correct reception of messages and signals. Subsec. (b). Pub. L. 89–121 substituted ‘‘on the fre- quencies, and using the classes of emission, designated’’ for ‘‘on the frequencies and with types of emissions des- ignated’’. Subsec. (c). Pub. L. 89–121 substituted ‘‘radio- telephone installation’’ for ‘‘transmitter’’ and inserted provisions requiring the installation to be capable of receiving clearly perceptible signals over the minimum normal range. Subsec. (d). Pub. L. 89–121 substituted ‘‘a main source of electrical energy’’ for ‘‘a source of energy’’, ‘‘at least six continuous hours’’ for ‘‘at least six hours continu- ously’’, and ‘‘installations made on or after November 19, 1952, a reserve source of electrical energy’’ for ‘‘in installations an emergency source of energy’’. § 355. Survival craft Every ship required to be provided with sur- vival craft radio by treaty to which the United States is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with efficient radio equipment appropriate to such requirement under such rules and regulations as the Commis- sion may find necessary for safety of life. For purposes of this section, ‘‘radio equipment’’ shall include portable as well as nonportable ap- paratus. (June 19, 1934, ch. 652, title III, § 357, formerly § 355, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 194; renumbered § 357 and amended Aug. 13, 1954, ch. 729, § 2(a)(1), (e), 68 Stat. 706, 707; Pub. L. 89–121, § 8, Aug. 13, 1965, 79 Stat. 516.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121 substituted ‘‘survival craft’’ for ‘‘lifeboat’’. 1954—Act Aug. 13, 1954, § 2(a)(1), amended credit to section by changing section number from ‘‘355’’ to ‘‘357’’ of act June 19, 1934. Act Aug. 13, 1954, § 2(e), provided that lifeboats be equipped with ‘‘radio equipment’’ rather than a ‘‘radio installation’’ and defined ‘‘radio equipment’’ as includ- ing portable as well as nonportable apparatus. 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. § 356. Approval of installations by Commission Insofar as is necessary to carry out the pur- poses and requirements of this part, the Com- mission shall have authority, for any ship sub- ject to this part— (1) To approve the details as to the location and manner of installations of the equipment required by this part or of equipment neces- sitated by reason of the purposes and require- ments of this part. (2) To approve installations, apparatus, and spare parts necessary to comply with the pur- poses and requirements of this part. (3) To prescribe such additional equipment as may be determined to be necessary to sup- plement that specified in this part, for the proper functioning of the radio installation in- stalled in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. (June 19, 1934, ch. 652, title III, § 358, formerly § 356, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 194; renumbered § 358, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 103–414, title III, § 303(a)(19), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, commences with sec- tion 351 of this title. AMENDMENTS 1994—Pub. L. 103–414 struck out ‘‘(a)’’ before ‘‘Insofar as’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 357. Safety information (a) Transmission of information concerning safe- ty at sea The master of every ship of the United States, equipped with radio transmitting apparatus, which meets with dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, or encounters subfreezing air temperatures associated with gale force