Updated: 23 Sept 1994 2100 SECOND STREET SW WASHINGTON DC 20593-0001 (202) 267-1444 COMDTPUB P16700.4 NVIC 9-93 12 November 1993 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 9-93 Subj: Emergency Position Indicating Radiobeacons (EPIRBs) and Other Radio Lifesaving Equipment for Inspected Vessels and Uninspected Commercial Vessels Ref: (a) Coast Guard Final Rule on Emergency Position Indicating Radio Beacons for Uninspected Vessels, 10 March 1993, 58 FR 13367 with corrections of 11 May 1993, 58 FR 27658 (b) 1988 Amendments to the 1974 Safety of Life at Sea Convention (SOLAS) (c) Federal Communications Commission (FCC) Regulations on the Global Maritime Distress and Safety System (GMDSS) (47 CFR Part 80, Subpart W; 57 FR 9065, 16 March 1992) (d) Coast Guard Notice of Proposed Rulemaking on Lifesaving Equipment, 19 April 1989, 54 FR 16198 (e) NVIC 3-87, "Implementation of the 1983 SOLAS Amendments on Lifesaving Appliances and Arrangements" (f) FCC Regulations on Special Requirements for Class A EPIRB Stations (47 CFR 80.1053) (g) FCC Regulations on Technical Requirements for Portable Survival Craft Radiotelephone Transceivers (47 CFR 80.271) (h) International Maritime Organization (IMO) Resolution A.605(15) 1. PURPOSE. a. This Circular provides current information and recommendations on the use of Emergency Position Indicating Radio Beacons (EPIRB) and other radio lifesaving equipment. This Circular replaces NVIC 9-92, and reflects the changes resulting from Coast Guard rules on EPIRBs in reference (a), as well as the changes that took effect 1 August 1993 under the Global Maritime Distress and Safety System (GMDSS) rules in references (b) and (c). Enclosure (1) summarizes the radio lifesaving equipment requirements now in effect or soon to come into effect for various classes of vessels. Enclosure (1) is similar to the enclosure in NVIC 9-92, but it has been reorganized, and certain corrections have also been included. b. The information in this Circular applies primarily to U.S. inspected commercial vessels and uninspected commercial vessels, but those portions discussing requirements of the Safety of Life at Sea (SOLAS) Convention are also applicable to foreign vessels on international voyages. 2. PERIODICALS AFFECTED. NVIC 9-92 is cancelled. 3. DISCUSSION. a. The 1988 SOLAS Amendments (reference (b)) establish internationally agreed requirements for the GMDSS. GMDSS is a worldwide marine radio communications system based on satellite communications, digital data transfer, and other modern communications technologies. The conference which adopted the GMDSS also adopted two resolutions recommending early introduction of the new radio lifesaving appliances which are a part of that system. b. Reference (d) is a Notice of Proposed Rulemaking published by the Coast Guard to implement the 1983 SOLAS Amendments dealing with lifesaving systems. This notice also proposed the use of Category 1 406 MHz satellite EPIRBs to replace Class A 121.5 MHz EPIRBs. Satellite EPIRBs are an integral part of the GMDSS under the 1988 SOLAS Amendments. [NOTE: "Category 1" is an FCC designation for an automatic float-free 406 MHz satellite EPIRB and "Category 2" is the manually operated version.] c. Reference (c) is the FCC regulation implementing the GMDSS system for U.S. registered vessels operating on the open sea which are: (1) Cargo vessels of 300 tons gross tonnage and upwards in both domestic and international services; (2) Passenger vessels carrying more than 12 passengers on international voyages; and (3) Passenger vessels of 100 tons gross tonnage and upwards in domestic services. d. The terms used in paragraph 3.c and the FCC regulation in reference (c) have the following meanings: (1) "Vessel" has the same meaning as in Coast Guard regulations, except that the Communications Act does not apply to vessels in tow (47 U.S.C. 352(a)(5)). For example, a Mobile Offshore Drilling Unit is normally considered a vessel, but it does not fall under the FCC regulation in reference (c) unless it is self-propelled. (2) "Cargo vessel" is any commercial vessel which is not a passenger vessel. (3) "Open sea" means "seaward of the ordinary low-water mark, or seaward of inland waters" (47 CFR 80.5). Therefore, the affected vessels are those operating beyond the Boundary Line, or certificated by the Coast Guard for Ocean or Coastwise services. e. Table 3 of enclosure (1) concerning certain small passenger vessels, differs from the version of the same table which appeared in NVIC 9-92, It has been revised to delete an indicated February 1, 1999 Federal Communications Commission (FCC) requirement for satellite EPIRBs, 9 GHz radar transponders, and two-way radiotelephone apparatus for survival craft. According to the FCC, regulations at 47 CFR 80.1065(b)(5)(iii), should make reference to 47 CFR 80.836(c), applying only to certain cargo vessels. Passenger vessels less than 100 tons gross tonnage are exempted from GMDSS requirements under 47 CFR 80.1065(c). This eliminates the differences between Table 3 and Table 4 as they appeared in NVIC 9-92, so the two tables have been merged under a new Table 3. f. Coast Guard and FCC authorities overlap in the area of radio lifesaving equipment, and consequently, references (c) and (d) contain overlapping and sometimes conflicting regulations and proposals. The Coast Guard intends to eliminate duplicated and conflicting radio lifesaving equipment regulations from Coast Guard regulations in 46 CFR. The Coast Guard has broader statutory authority than the FCC for certain vessels, however. Radio lifesaving equipment requirements for vessels not under the FCC's statutory authority will continue to be under the Coast Guard regulations in 46 CFR. The vessels that will continue to be under the Coast Guard's regulations include: (1) Commercial vessels operating on the Great Lakes and anywhere inside the Boundary Line; (2) Passenger vessels carrying six or less passengers (There are no radio lifesaving equipment regulations currently in effect for these vessels, however.); (3) Commercial vessels other than passenger vessels, of less than 300 tons gross tonnage; and (4) Passenger vessels under 100 tons gross tonnage in domestic services. (The FCC does have authority to require GMDSS equipment on such vessels carrying more than six passengers, but has not done so. The Coast Guard and FCC intend to coordinate future regulations in this area so that there are no overlapping requiements.) g. NVIC 3-87 (reference (e)) addressed implementation of the 1983 SOLAS Amendments on lifesaving appliances. This Circular supercedes those portions of NVIC 3-87 dealing with EPIRBs and portable two-way radiotelephone apparatus for survival craft. h. The 1988 SOLAS Amendments require SOLAS ships to be equipped with two 9 GHz radar transponders, one mounted on each side of the ship, in a position ready to be taken to one of the survival craft. The 9 GHz radar transponder requirement replaces the requirement for 121.5 MHz Class S survival craft EPIRBs that was in the 1983 SOLAS Amendments. [NOTE: Cargo ships 300 tons gross tonnage and over, but less than 500 tons gross tonnage are required to carry only one 9 GHz radar transponder.] i. Recent tests of 9 GHz radar transponders have shown that they do not have the 10-mile operational radius that was expected when the 1988 SOLAS Amendments were developed. However, 121.5 MHz Class S survival craft EPIRBs, as well as the 121.5 MHz homing beacon required on all 406 MHz satellite EPIRBs, do have an operational range which greatly exceeds 10 miles. This frequency can be monitored by virtually any aircraft, and most aircraft and ships equipped for search and rescue can home on this signal. Consequently, vessel operators are urged to carry either Class S EPIRBs or 406 MHz satellite EPIRBs in lifeboats and liferafts, in addition to the required equipment. j. In addition to the 406 MHz satellite EPIRBs, the 1988 SOLAS Amendments provide for two other types of EPIRBs. The Coast Guard will evaluate these systems to determine if they can be used in the future instead of 406 MHz satellite EPIRBs in appropriate situations. (1) The L-band EPIRB operates with geostationary satellites of the INMARSAT system. The L-band EPIRB provides an instantaneous alert of a casualty. The system does not work in polar areas where there is no geostationary satellite coverage, and it relies on an interface with the ship's navigation system for updates of the ship's position. Once the EPIRB has floated free, it continues to transmit the last position of the ship. Future versions of this EPIRB may update their position through another satellite system known as the Global Positioning System (GPS). (2) The second system is the VHF channel 70 Digital Selective Calling (DSC) EPIRB. This EPIRB would operate through coast stations only in near-coastal areas where a DSC system is in operation. k. The FCC regulation in reference (c) covers other GMDSS radio requirements beyond the scope of this Circular, including requirements for equipment not discussed here. Reference (c) should be consulted for a complete discussion of the GMDSS regulations. For more information, contact: Federal Communications Commission Private Radio Bureau Special Services Division Washington, DC 20554 (202) 632-7197/7175 4. IMPLEMENTATION. a. Under the requirements of the 1988 SOLAS Amendments, every ship certificated under SOLAS will be required to carry a satellite EPIRB, 9 GHz radar transponders, and two-way radiotelephone apparatus for survival craft. This equipment will have to be on board by various dates before 1 February 1995. The tables in enclosure (1) include the dates on which the requirements go into effect. These dates vary, depending upon the size and type of vessel and the keel-laying date. b. Under FCC regulations (reference (f)), Class A EPIRBs manufactured prior to 1 October 1988 do not meet current signal coherency and stability standards, and may not be used to meet the requirements for any Coast Guard regulations after 1 August 1991. The Coast Guard recommends replacement with a Category 1 406 MHz satellite EPIRB. c. The Coast Guard strongly encourages the installation of 406 MHz satellite EPIRBs on oceangoing and Great Lakes vessels. FCC regulations in reference (c) now require 406 MHz satellite EPIRBs on many oceangoing commercial vessels. Coast Guard proposed regulations in reference (d) would require them on certain Great Lakes vessels. Until Final Rules are in effect, the Coast Guard will accept one FCC Type Accepted Category 1 406 MHz satellite EPIRB as equivalent to a Class A EPIRB required under any regulation in 46 CFR. One FCC Type Accepted 406 MHz Category 1 satellite EPIRB will be accepted as equivalent to one or two Class C EPIRBs required by regulations for Great Lakes vessels under 46 CFR. The 406 MHz satellite EPIRB must be installed in a manner so that it will automatically float free and activate in the event of a sinking. d. As discussed in NVIC 3-87, paragraph 2.c.(3), ships certificated under SOLAS will be required to carry three or more survival craft portable two-way radios. (Cargo ships 300 tons gross tonnage and over, but less than 500 tons gross tonnage are required to carry only two survival craft portable two-way radios under the 1988 SOLAS Amendments.) These radios should meet FCC regulations and the IMO Resolution (references (g) and (h)). Eventually, these radios will be required to meet new FCC regulations (reference (c)) and operate on 156.3 MHz (channel 6), and 156.8 MHz (channel 16). See enclosure (1) for specific dates for different vessels. Under the 1988 SOLAS Amendments, lifeboats may be provided with permanently installed radios to meet this requirement. e. The hand-cranked portable lifeboat radiotelegraph (and the lifeboat radio cabin-installed version on passenger ships) is not a required item for SOLAS ships under the GMDSS. This device is no longer required to be carried by ships equipped with a 406 MHz satellite EPIRB. Antenna mounting arrangements and transceiver mounting brackets for this radio, in lifeboats and liferafts, do not have to be retained if the ship does not carry the portable lifeboat radio. However, the antenna mounting arrangements for these radios may still be needed to mount certain designs of 9 GHz radar transponders. f. The FCC regulations will affect the following self-propelled vessels for which there are currently Coast Guard regulations covering radio lifesaving equipment. The FCC regulations will prevail in the event of conflicting requirements for: (1) Commercial fishing industry vessels under 46 CFR Part 28, operating beyond the Boundary Line, 300 tons gross tonnage and upwards; (2) Tank vessels inspected under 46 CFR Subchapter D, certificated for either Ocean or Coastwise service, 300 tons gross tonnage and upwards; (3) Passenger vessels inspected under 46 CFR Subchapter H, certificated for either Ocean or Coastwise service; (4) Cargo and miscellaneous vessels inspected under 46 CFR Subchapter I, certificated for either Ocean or Coastwise service, 300 tons gross tonnage and upwards; (5) Mobile offshore drilling units inspected under 46 CFR Subchapter I-A, certificated for either Ocean or Coastwise service, 300 tons gross tonnage and upwards; (6) Public nautical school ships inspected under 46 CFR Part 167, certificated for either Ocean or Coastwise service, 300 tons gross tonnage and upwards; (7) Civilian nautical school ships inspected under 46 CFR Part 168, certificated for either Ocean or Coastwise service, carrying more than twelve persons in addition to the crew; (8) Sailing school vessels inspected under 46 CFR Part 169, carrying more than twelve passengers, certificated for either Ocean or Coastwise service; (9) Oceanographic research vessels inspected under 46 CFR Subchapter U, certificated for either Ocean or Coastwise service, 300 tons gross tonnage and upwards. A.E. HENN Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security and Environmental Protection Encl: (1) Radio Lifesaving Equipment Requirements: See file 'NVIC2.TXT' nts, every ship certificated under SOLAS will be required to carry a satellite EPIRB, 9 GHz radar transponders, and