811.801 Wireless/92

The Norwegian Legation to the Department of State

Aide-Mémoire

The attention of the Norwegian authorities has been called to a measure introduced in the United States Senate in February this year as S. 3954, and to a substitute bill S. 4619, amending the Communications Act of 1934 for the purpose of promoting safety of life and property through the use of wire and radio communications.

It seems that the main purpose of the bill is to introduce legislation regarding radio installations on ships similar to the rules contained in the International Convention for Safety at Sea of 1929. One section of the bill S. 3954, amending art. 354 of the Communications Act of 1934 does, however, go further than the Convention mentioned above, as it prescribes:

  • “(a) Each cargo ship required by this part to be fitted with a radio installation and which is not fitted with an auto-alarm, and each passenger ship required by this part to be fitted with a radio installation, shall for safety purposes carry at least two qualified operators.
  • (b) Each cargo ship required by this part to be fitted with a radio installation and which is fitted with an auto-alarm shall for safety purposes carry at least one qualified operator.”

A similar provision is found in section 10 of the bill S. 4619.

The provisions quoted would, according to the wording of the two bills, be applied not only to ships of American registry, but also to foreign flag vessels. The application of these provisions to Norwegian vessels would imply onerous and important alterations with regard to the radio installations and the radio service on a large number of Norwegian ships.

The Norwegian Government is interested in all measures which tend to increase the safety at sea, and consequently has been satisfied to note that the measure proposed to a great extent would bring American legislation in accordance with the Convention of 1929 which the Government regards as the best basis for achieving safety at sea. The Government, however, feels concerned regarding the provisions quoted above as they differ from the Convention and therefore, in the Government’s opinion, would tend to counteract the main purpose of the Convention: to provide for safety through a similarity of laws and regulations in all countries.

It seems that the provisions quoted are natural consequences of provisions in paragraphs (c) and (d) of the same section which provides for radioservice, watches etc. on board ships of American registry. As paragraphs (c) and (d) cover a matter usually regulated by the laws of the country in which the ship is registered it [Page 621] would seem natural, in the Norwegian Government’s opinion, that paragraphs (a) and (b), the wording of which seems to be based on the two subsequent paragraphs, if enacted, should not be made to apply to ships of foreign registry.