
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC353]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
       Part II--Radio Equipment and Radio Operators On Board Ship
 
Sec. 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 accordance with this part is 
equipped with a radiotelegraph 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 
authorized 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 aggregate, shall be 
maintained by means of a radio officer.

(d) Hours of watch

    The Commission shall, when it finds it necessary 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 station.

(e) Operational status of auto alarms in open sea

    On all ships of the United States equipped with a radiotelegraph 
auto alarm, said apparatus 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, Sec. 353, as added May 20, 1937, ch. 
229, Sec. 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, 
Sec. 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729, Sec. 1(d), 68 Stat. 
705; Pub. L. 89-121, Sec. 4, Aug. 13, 1965, 79 Stat. 513.)


                               Amendments

    1965--Pub. L. 89-121, among other changes, substituted 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 radiotelegraph installation, not 
those fitted with a radiotelephone 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.


                  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 authorizing suspension or modification 
of the service requirement 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, Sec. 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, 
prohibiting employment of radio operators who were disapproved by the 
Secretary of the Navy during World War II, was repealed by act July 25, 
1947, ch. 327, Sec. 1, 61 Stat. 449.
