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

Page 221 TITLE 47—TELECOMMUNICATIONS § 354 Statutory Notes and Related Subsidiaries PARTIAL REPEAL EFFECTIVE JULY 1, 1948 Acts July 8, 1941, and June 22, 1943, which amended subsec. (b) of this section by adding the clause author- izing suspension or modification of the service require- ment during the emergency, were repealed, effective July 1, 1948, by act July 25, 1947, which provided that such acts should remain in full force and effect until such date. 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. APPROVAL OF OPERATORS BY SECRETARY OF NAVY DURING WAR Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28, 1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, prohibiting employment of radio operators who were disapproved by the Sec- retary of the Navy during World War II, was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449. § 353a. Operators and watches on radiotelephone equipped ships (a) Each cargo ship which in accordance with this part is equipped with a radiotelephone sta- tion shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew. (b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navi- gated in the open sea outside of a harbor or port, maintain continuous watch whenever the sta- tion is not being used for authorized traffic. (June 19, 1934, ch. 652, title III, § 354, as added Aug. 13, 1954, ch. 729, § 2(b), 68 Stat. 706; amended Pub. L. 89–121, § 5, Aug. 13, 1965, 79 Stat. 514.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121 substituted ‘‘radiotelephone sta- tion’’ for ‘‘radiotelephone installation’’ in two places, and ‘‘one operator who may be the master, an officer, or a member of the crew’’ for ‘‘one qualified operator who may be a member of the crew holding only a cer- tificate for radio telephony’’, inserted ‘‘in the open sea’’ before ‘‘outside of a harbor’’, and required a con- tinuous watch whenever the station is not being used for authorized traffic. § 354. Technical requirements of equipment on radiotelegraph equipped ships The radiotelegraph station and the radio di- rection finding apparatus required by section 351 of this title shall comply with the following re- quirements: (a) The radiotelegraph station shall include a main installation and a reserve installation, electrically separate and electrically inde- pendent of each other: Provided, That, in in- stallations on cargo ships of three hundred gross tons and upward but less than one thou- sand six hundred gross tons, and in installa- tions on cargo ships of one thousand six hun- dred gross tons and upward installed prior to November 19, 1952, if the main transmitter complies with all the requirements for the re- serve transmitter, the latter may be omitted. (b) The radiotelegraph station shall be so lo- cated that no harmful interference from extra- neous mechanical or other noise will be caused to the proper reception of radio signals, and 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 deepest load waterline. The location of the radiotelegraph operating room or rooms shall be approved by the Commandant of the Coast Guard. The ra- diotelegraph installation shall be installed in such a position that it will be protected against the harmful effects of water or ex- tremes of temperature, and shall be readily ac- cessible both for immediate use in case of dis- tress and for repair. (c) The radiotelegraph operating room shall be of sufficient size and of adequate ventila- tion to enable the main and reserve radio- telegraph installations to be operated effi- ciently, and shall not be used for any purpose which will interfere with the operation of the radiotelegraph station. The sleeping accom- modation of at least one radio officer shall be situated as near as practicable to the radio- telegraph operating room. In ships the keels of which are laid on or after May 26, 1965, this sleeping accommodation shall not be within the radiotelegraph operating room. (d) The main and reserve installations shall be capable of transmitting and receiving on the frequencies, and using the classes of emis- sion, designated by the Commission pursuant to law for the purposes of distress and safety of navigation. (e) The main and reserve installations shall, when connected to the main antenna, have a minimum normal range of two hundred nau- tical miles and one hundred nautical miles, re- spectively; that is, they must be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over the specified ranges. (f) Sufficient electrical energy shall be avail- able at all times to operate the main installa- tion over the normal range required by sub- section (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station. (g) The reserve installation shall include a source of electrical energy independent of the propelling power of the ship and of any other electrical system and shall be capable of being put into operation rapidly and of working for at least six continuous hours. The reserve source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer. (h) There shall be provided between the bridge of the ship and the radiotelegraph oper- ating room, and between the bridge and the lo- cation of the radio direction finding appa- ratus, when such apparatus is not located on the bridge, an efficient two-way system for calling and voice communication which shall be independent of any other communication system in the ship. (i) The radio direction finding apparatus shall be efficient and capable of receiving sig- nals with the minimum of receiver noise and 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