[Federal Register: November 8, 2004 (Volume 69, Number 215)]
[Rules and Regulations]
[Page 64664-64681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no04-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 13 and 80
[WT Docket No. 00-48; PR Docket No. 92-257; RM-9499; FCC 04-3]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission amends parts 13 and 80 of the
Commission's rules to update and streamline the rules governing the
maritime radio services. The paramount goals of these amendments are to
enhance maritime safety, promote the efficient use of the maritime
radio spectrum, and, to the extent it is consistent with these first
two objectives, remove unnecessary regulatory burdens on the users and
manufacturers of maritime radio equipment. The amendments also conform
part 80 of the Commission's rules with international standards where
doing so will not undermine domestic regulatory objectives.
DATES: Effective January 7, 2005. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register, as of January 7, 2005.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's consolidated Second Report and Order in WT
Docket No. 00-48 and Sixth
[[Page 64665]]
Report and Order in PR Docket No. 92-257, FCC 04-3, adopted on January
8, 2004, and released on February 12, 2004. The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov.
Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365 or at bmillin@fcc.gov.
1. In the Second Report and Order and Sixth Report and Order, we
adopt changes to parts 13 and 80 of the Commission's rules that were
either proposed in or suggested in response to the Further Notice of
Proposed Rule Making (``FNPRM'') in WT Docket No. 00-48, which was
released on April 9, 2002, 67 FR 35086, May 17, 2002, and the Fourth
Further Notice of Proposed Rule Making (``Fourth FNPRM'') in PR Docket
No. 92-257, which was released on December 28, 2001, 67 FR 5080,
February 4, 2002. The FNPRM proposed to amend part 80 of the
Commission's rules to reflect the implementation domestically of the
Global Maritime and Distress Safety System (``GMDSS'') by conforming
the rules to revised and updated international standards for GMDSS;
deleting or modifying rules affected by full implementation of GMDSS;
and to delete or modify any other regulations pertaining to GMDSS that
may be unnecessary or in need of clarification. The Fourth FNPRM
invited public comment on a number of recommendations from the United
States Coast Guard (``USCG'') and from MariTEL, Inc. (``Maritel''), a
Commission licensee, to amend the rules pertaining to VHF public coast
(``VPC'') stations.
2. The Commission takes the following significant actions in the
Second Report and Order in WT Docket No. 00-48: (i) Declines to create
a voluntary restricted Global Maritime Distress and Safety System
(GMDSS) license for recreational boaters; (ii) clarifies the
responsibilities of VPC stations that receive calls on the digital
selective calling (``DSC'') distress frequency, Channel 70; (iii)
clarifies that VPC stations that are not exempt from the VHF Channel 16
watch requirement must have a radio operator on duty; (iv) prohibits
ship operation of any device capable of transmitting on a distress
frequency without regulatory authorization; (v) redesignates Channels
75 and 76 for communications related to port operations, and establish
requirements for equipment to operate on the channels with reduced
carrier power; (vi) authorizes domestic use of INMARSAT-E emergency
position indicating radiobeacons (``EPIRBs'') and establishes standards
for such devices; (vii) requires that small passenger vessels have DSC
capability one year after the USCG declares Sea Areas A1 and A2 to be
operational, and establishes additional equipment requirements for such
vessels; (viii) declines to specify that the qualified GMDSS operator
required to be on vessels under our rules must be assigned exclusively
to radio communications duties during an emergency; (ix) updates the
requirements for ship radio installations to incorporate new
international regulations; (x) incorporates into the rules the
international requirement that all passenger ships have the ability to
communicate with search and rescue personnel on two specified
aeronautical frequencies; (xi) determines to continue listing the
carrier frequency, rather than the assigned frequency, in part 80
tables of frequencies; and (xii) specifies the number of questions to
include in the GMDSS radio operator license examinations.
3. The Commission takes the following significant actions in the
Sixth Report and Order in PR Docket No. 92-257: (i) Clarifies the
responsibilities of VPC stations as to when they must maintain a watch
on the Channel 16 distress frequency and as to their obligation to
notify the USCG of a station relocation; (ii) generally declines to
impose additional technical requirements for VPC stations operating on
offset channels; (iii) denies a request to reallocate nine channel
pairs from public safety and other private land mobile radio operations
to use by VPC stations; (iv) adopts new rules requested by the USCG to
govern the implementation of Automatic Identification Systems
(``AIS''); (v) establishes a new emission mask in part 80 to
accommodate a wide range of data services; (vi) eliminates the station
identification requirement for VPC stations licensed on a geographic
area basis; (vii) authorizes VPC stations to maintain required station
records in electronic form; (viii) relaxes the posting requirement for
VPC stations; and (ix) clarifies that VPC stations, like other
providers of commercial mobile radio services, have been relieved of
certain filing requirements as a matter of forbearance.
I. Regulatory Matters
A. Paperwork Reduction Act
4. The Second Report and Order and Sixth Report and Order does not
contain any new or modified information collection.
B. Final Regulatory Flexibility Analyses
5. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''), the Commission has prepared a Final Regulatory
Flexibility Analysis (``FRFA'') of the rules adopted in the Second
Report and Order in WT Docket No. 00-48. The Commission's Consumer and
Governmental Affairs Bureau, Reference Information center, will send a
copy of the Second Report and Order in WT Docket No. 00-48, including
the FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with the RFA.
Second Report and Order in WT Docket No. 00-48
A. Need for, and Objectives of, the Rules Adopted in the Second Report
and Order
6. The rules adopted in the Second Report and Order are intended to
further streamline, consolidate and clarify the Commission's part 80
rules; remove unnecessary or duplicative requirements; address new
international maritime requirements; and promote flexibility and
efficiency in the use of marine radio equipment in a manner that will
further maritime safety. Specifically, in the Second Report and Order
the Commission (i) declines to create a voluntary restricted Global
Maritime Distress and Safety System (GMDSS) license for recreational
boaters; (ii) clarifies the responsibilities of VHF public coast
stations that receive calls on the DSC distress frequency, Channel 70;
(iii) clarifies that VHF public coast stations that are not exempt from
the VHF Channel 16 watch requirement must have a radio operator on
duty; (iv) prohibits ship operation of any device capable of
transmitting on a distress frequency without regulatory authorization;
(v) redesignates Channels 75 and 76 for communications related to port
operations, and establishes requirements for equipment to operate on
the channels with reduced carrier power; (vi) authorizes domestic use
of INMARSAT-E emergency position indicating radiobeacons (EPIRBs) and
establishes standards for such devices; (vii) requires that small
passenger vessels have digital selective calling capability one year
after the U.S. Coast Guard (Coast Guard or USCG) declares
[[Page 64666]]
Sea Areas A1 and A2 to be operational, and establishes additional
equipment requirements for such vessels; (viii) declines to specify
that the qualified GMDSS operator required to be on vessels under our
rules must be assigned exclusively to radio communications duties
during an emergency; (ix) updates the requirements for ship radio
installations to incorporate new international regulations; (x)
incorporates into the rules the international requirement that all
passenger ships have the ability to communicate with search and rescue
personnel on two specified aeronautical frequencies; (xi) determines to
continue listing the carrier frequency, rather than the assigned
frequency, in part 80 Tables of Frequencies; and (xii) specifies the
number of questions to be included in the GMDSS radio operator license
examinations.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
7. No comments were submitted specifically in response to the IRFA.
We note, however, that the Passenger Vessel Association (PVA) indicated
that it was opposed to several of the proposed rules because of the
compliance costs that would be incurred by small passenger vessel
operators, many of which are small businesses. Specifically, PVA argued
that the costs of compliance outweighed the safety benefits of the
proposed rules requiring that the VHF and MF radios carried by small
passenger vessels be upgraded to have digital selective calling (DSC)
capability; that on passenger ships, at least one qualified person must
be assigned to perform only radio communications duties during distress
situations; and that passenger vessels be equipped with means for two-
way on-scene radiocommunications for search and rescue purposes using
the aeronautical frequencies 121.5 and 123.1 MHz. We have considered
the potential economic impact on small entities of these rules and the
other rules discussed in the IRFA, and we have considered alternatives
that would reduce the potential economic impact on small entities of
the rules enacted herein, regardless of whether the potential economic
impact was discussed in any comments.
C. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
8. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (i) Is independently owned
and operated; (ii) is not dominant in its field of operation; and (iii)
satisfies any additional criteria established by the Small Business
Administration (SBA).
9. Small businesses in the aviation and marine radio services use a
marine very high frequency (VHF), medium frequency (MF), or high
frequency (HF) radio, any type of emergency position indicating radio
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of
emergency locator transmitter (ELT). The Commission has not developed a
definition of small entities specifically applicable to these small
businesses. For purposes of this FRFA, therefore, the applicable
definition of small entity is the definition under the SBA rules
applicable to wireless telecommunications. Pursuant to this definition,
a ``small entity'' for purposes of the ship station licensees, public
coast station licensees, or other marine radio users that may be
affected by these rules, is any entity employing 1,500 of fewer
persons. 13 CFR 121.201 (NAICS Code 517212). Since the size data
provided by the Small Business Administration do not enable us to make
a meaningful estimate of the number of marine radio service providers
and users that are small businesses, we have used the 1992 Census of
Transportation, Communications, and Utilities, conducted by the Bureau
of the Census, which is the most recent information available. This
document shows that twelve radiotelephone firms out of a total of 1,178
such firms which operated in 1992 had at least 1,000 employees. Thus,
we estimate that as many as 1,166 small entities may be affected.
10. Some of the rules adopted herein affect VHF public coast
station licensees. The Commission has defined the term ``small entity''
specifically applicable to public coast station licensees as any entity
employing less than 1,500 persons, based on the definition under the
Small Business Administration rules applicable to radiotelephone
service providers. See Amendment of the Commission's rules Concerning
Maritime Communications, Third Report and Order and Memorandum Opinion
and Order, 13 FCC Rcd 19853, 19893 (1998) (citing 13 CFR 121.201,
Standard Industrial Classification (SIC) Code 4812, now NAICS Code
513322). Since the size data provided by the Small Business
Administration do not enable us to make a meaningful estimate of the
number of public coast station licensees that are small businesses, we
have used the 1992 Census of Transportation, Communications, and
Utilities, conducted by the Bureau of the Census, which is the most
recent information available. This document shows that twelve
radiotelephone firms out of a total of 1,178 such firms which operated
in 1992 had 1,000 or more employees. Thus, we estimate that no fewer
than 1,166 small entities will be affected.
11. Some of the rules adopted herein may also affect small
businesses that manufacture marine radio equipment. The Commission has
not developed a definition of small entities applicable to marine radio
equipment manufacturers. Therefore, the applicable definition is that
for Wireless Communications Equipment Manufacturers. The SBA has
established a small business size standard for radio and television
broadcasting and wireless communications equipment manufacturing. Under
this standard, firms are considered small if they have 750 or fewer
employees. Census Bureau data for 1997 indicate that, for that year,
there were a total of 1,215 establishments in this category. Of those,
there were 1,150 that had employment under 500, and an additional 37
that had employment of 500 to 999. The percentage of wireless equipment
manufacturers in this category is approximately 61.35%, so the
Commission estimates that the number of wireless equipment
manufacturers with employment under 500 was actually closer to 706,
with and additional 23 establishments having employment of between 500
and 999. The Commission estimates that the great majority of wireless
communications equipment manufacturers are small businesses.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
12. In the Second Report and Order, we adopt several rule
amendments that may affect reporting, recordkeeping and other
compliance requirements for small entities. First, we amend Sec.
80.203 of the rules to bar ship stations from including any device
capable of transmitting on a distress frequency without regulatory
authorization. This prohibition could affect small entities that
manufacture ship radio equipment. Second, we amend Sec. 80.215(g)(3)
to require that ship
[[Page 64667]]
station transmitters have Channels 75 and 76, and automatically reduce
the carrier power to one watt or less when tuned those channels, with
no manual override capability. This new requirement could affect small
entities that manufacture or use such transmitters. Third, we adopt a
number of new requirements for small passenger vessels: a requirement
that the VHF and MF radios already mandated by Sec. 80.905(a) of the
rules be DSC-equipped; a requirement that the single sideband (SSB)
radios required to be carried by ships operating over one hundred
nautical miles from shore be DSC-equipped; a requirement that the
INMARSAT ship earth stations that may be carried by ships operating
more than one hundred nautical miles from shore in lieu of an SSB radio
be limited to specified classes of earth stations; a requirement that
vessels required to carry a SSB radio with a reserve power supply also
carry a reserve power supply for the navigation receiver; and a
requirement for updating position information. These requirements may
have a direct economic impact on operators of small passenger vessels.
Finally, we amend Sec. 80.1085 of the rules to require that every
passenger ship be provided with means for two-way on-scene
radiocommunications for search and rescue purposes using the
aeronautical frequencies 121.5 and 123.1 MHz from the position from
which the ship is normally navigated.
13. In the IRFA accompanying the FNPRM in this proceeding, we
specifically identified each of the above rule amendments as
potentially affecting reporting, recordkeeping and other compliance
requirements, and specifically requested comment on the economic impact
of these changes.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
14. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(i) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (ii) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (iii) the use of performance rather than design standards;
and (iv) an exemption from coverage of the rule, or any part thereof,
for such small entities.''
15. With respect to all of the rules adopted in the Second Report
and Order that may affect reporting, recordkeeping and other compliance
requirements for small entities, as identified in section D of the
FRFA, supra, we have considered how we might minimize the economic
impact on small entities, and we have considered alternative measures
that might minimize that impact. As a general matter, the alternatives
considered, and in many cases adopted, include exempting small entities
from the requirement; providing ``grandfathering'' protection from the
requirement; providing a transition period to give either small
entities or all affected entities additional time to come into
compliance; and imposing a less burdensome requirement, either for
small entities or for all affected entities. In addition, to the extent
we establish here new standards for authorization of marine radio
equipment, we have generally required compliance with performance
standards, rather than prescribing a particular equipment design. In
the IRFA accompanying the FNPRM in this proceeding, we specifically
requested comment addressing particular alternatives that may be
appropriate for particular rules proposed or discussed in the FNPRM.
Although we received no comments specifically addressed to the IRFA, we
have considered all comments to the FNPRM addressing the impact of any
proposed change on small entities and all suggestions for alternative
measures that would have a less significant impact on small entities.
Moreover, even where we received no comments of this nature with regard
to a particular new requirement, we considered the potential impact of
the requirement on small entities, and considered alternatives. We
discuss each of the specific new requirements adopted in the Second
Report and Order, and relevant alternatives, below.
16. In the Second Report and Order, we amend Sec. 80.203 of the
rules to bar ship stations from including any device capable of
transmitting on a distress frequency without regulatory authorization.
This rule change had been proposed by the Coast Guard, and the FNPRM
specifically asked for comment on whether this rule change would hamper
the ability of manufacturers to add tone signaling capability or to
otherwise improve their equipment. However, no manufacturer commented
on this rule change, no commenter opposed it, and there is nothing in
the record to indicate that it will adversely effect manufacturers. In
any event, given that this rule change does not require manufacturers
to add any features or capabilities to equipment, but merely prohibits
what was never affirmatively authorized in the first place, there is no
reason to phase in this requirement gradually. Further, there is no
basis in the record to exempt manufacturers that are small entities
from this requirement. Any such exemption, moreover, would jeopardize
maritime safety since any unauthorized emissions on a distress
frequency, from whatever source, could compromise the ability of the
Coast Guard to process and respond to distress signals.
17. In the Second Report and Order, we amend Sec. 80.215(g)(3) to
require that ship station transmitters have Channels 75 and 76, and
automatically reduce the carrier power to one watt or less when tuned
those channels, with no manual override capability. In the FNPRM, the
Commission expressed concern about the impact of this rule on
manufacturers, and specifically solicited comment on appropriate
grandfathering protection if the new requirements are adopted. No
manufacturer commented on the proposed equipment requirements relating
to Channels 75 and 76, and no one opposed such requirements. The only
commenter responding to the Commission's request for input on
appropriate grandfathering protection was the Coast Guard, which stated
simply that it supports grandfathering protection of some sort.
Notwithstanding the absence of comment on this issue from manufacturers
or vessel operators, we have provided both grandfathering protection
for existing installed equipment and a transitional period before new
installations have to comply with the new requirements. Specifically,
non-compliant equipment installed prior to the effective date of these
rules is grandfathered indefinitely, so that it may continue to be used
for its remaining useful life. In addition, we are allowing
installations of non-compliant equipment until one year after the
effective date of the Second Report and Order. We believe these actions
will effectively minimize the compliance burden of this requirement on
manufacturers and ship station licensees, especially any affected small
entities. Given that no manufacturers commented on these rules, we do
not believe this approach will leave manufacturers with stranded
inventory. We decline to exempt small entities from these requirements
because the benefits of designating Channels 75 and 76 for port
operations, and the associated equipment requirements, cannot be fully
realized unless access to
[[Page 64668]]
Channels 75 and 76 is ubiquitous, and because there is nothing in the
record of this proceeding to suggest a need for such an exemption,
especially given the grandfathering and transition provisions we have
adopted.
18. In the Second Report and Order, we adopt a requirement that the
VHF and MF radios already mandated by Sec. 80.905(a) of the rules be
DSC-equipped. The Passenger Vessel Association (PVA) filed comments
opposing this requirement. PVA contends that small passenger vessels
that are not subject to GMDSS requirements under SOLAS should not be
required to meet GMDSS-derived equipment requirements such as this. PVA
further asserts that many of the vessel operators that will be affected
by this requirement are small businesses, and suggested that, instead
of eliminating or tightening the exemption, the Commission should
broaden the exemption to cover all passenger-carrying vessels,
irrespective of size, that operate in protected waterways, such as
harbors, bays and waterways covered by Vessel Traffic Systems. We
decline to exempt any class of vessels otherwise subject to Sec.
80.905(a) from the new DSC requirement, even with respect to vessels
owned and operated by small businesses and/or restricted to voyages in
particular inland or coastal waterways. We agree with the Coast Guard
and the GMDSS Task Force that the public safety benefits of imposing
this requirement on small passenger vessels are paramount. DSC
represents an important enhancement of maritime safety, and requiring
DSC capability in small passenger vessels, even those limited to
voyages on protected waterways, will provide safety benefits not only
to the passengers and crew on such vessels, but to all GMDSS
participating vessels. We also believe, moreover, that the compliance
costs of this requirement will not be significant because, pursuant to
Sec. 80.203(n) of the Commission's rules, the Commission already
requires that all VHF and MF marine radio transmitters submitted for
equipment authorization have DSC capability. In fact, the DSC
requirement has applied to all VHF and MF marine radio transmitters
submitted for equipment authorization since June 17, 1999. As a
consequence of this requirement, more and more of the new equipment
available in the market will be DSC-capable. In addition, as a means to
minimize whatever compliance costs are incurred by small passenger
vessel operators, we have decided to defer the compliance deadline for
this requirement. We will not require that VHF radios be upgraded to
DSC until one year after the Coast Guard declares Sea Area A1 to be
operational, and we will not require that MF radios be upgraded to DSC
until one year after the Coast Guard declares Sea Area A2 to be
operational. This compliance deadline is sufficiently far off that it
will give affected small passenger vessel operators ample time to plan
and budget for the required upgrades. In addition, as the deadline for
compliance extends further into the future, it is likely that there
will be fewer non-DSC transmitters in manufacturers' and retailers'
inventory (because of the DSC requirement in Sec. 80.203(n)), and we
therefore expect that most new VHF and MF radio equipment available in
the market during the time period immediately preceding the compliance
deadline will have DSC capability, further minimizing the economic
impact on small entities.
19. In the Second Report and Order, we adopt a requirement that the
SSB radios required of ships operating over one hundred nautical miles
from shore, pursuant to Sec. 80.905, be DSC-equipped. The Coast Guard
was the only party directly commenting on this issue, and it stated
that, as in the case of VHF and MF radio equipment, requiring DSC
capabilities in SSB radios will provide significant safety advantages
over non-DSC equipment. No party opposed this requirement or attempted
to quantify the compliance costs. On this record, then, we believe
considerations of maritime safety should be given paramount weight.
Indeed, given that the subject vessels by definition operate more than
one hundred nautical miles from shore, the safety benefits of this
requirement are even greater than those we have adopted for VHF and MF
radios in vessels that do not operate so far from shore. Significantly,
DSC capability will enhance the ability of passenger vessels on such
voyages to contact nearby ships as well as shore facilities. Although
we decline to exempt small passenger vessel operators that qualify as
small entities from this DSC requirement, we have determined to give
affected parties until one year after the effective date of the Second
Report and Order before requiring compliance. We believe this
reasonably fulfills the objective of minimizing compliance costs for
small entities without compromising the objective of promoting public
safety on the high seas. We do not hinge the compliance deadline in
this case on the timing of the Coast Guard's declaration of Sea Area A1
or Sea Area A2 because vessels operating more than one hundred nautical
miles from shore are operating in Sea Area A3.
20. In the Second Report and Order, we adopt a requirement that the
INMARSAT ship earth stations that may be carried by ships operating
more than one hundred nautical miles from shore in lieu of an SSB
radio, pursuant to Sec. 80.905, be limited to specified classes of
earth stations. We do not believe this requirement should have a
significant impact on any small entities. No commenter opposed this
proposal. In addition, we note that the rule merely permits the use of
an INMARSAT earth station as an alternative to other equipment, rather
than mandating the use of an INMARSAT earth station in all instances.
Nonetheless, we have decided to relax the requirement, as it was
proposed in the FNPRM, by adding the INMARSAT Mini-M to the list of
approved earth stations. As thus revised, we believe the adopted rule
represents a reasonable compromise between tightening the existing rule
for safety reasons while according a fair measure of flexibility to
small passenger vessel operators, especially small entities, in
selecting an earth station that will be deemed suitable to obviate the
need for an SSB radio.
21. In the Second Report and Order, we extend the current Sec.
80.905 SSB reserve power supply requirement to the navigation receiver.
No party has opposed this proposal or provided information that would
permit a quantification of estimated compliance costs. The Coast Guard,
the only commenter on this issue, urges adoption of the requirement
because of the safety benefits. We agree with the Coast Guard. Since
this rule merely extends an existing reserve power supply requirement
to an additional piece of equipment, and there have been no comments in
opposition to this proposal, we see no basis for exempting small
entities from this requirement or providing an extended implementation
period.
22. In the Second Report and Order, we adopt a new requirement
specifying that vessels subject to Sec. 80.905 must comply with the
requirement in Sec. 80.1085(c) for updating position information. In
discussing the proposal for this rule in the FNPRM, the Commission
observed that its adoption would impose a GMDSS requirement on small
passenger vessels. The only party commenting on this matter was the
Coast Guard, which reiterated its support for this requirement because
it will enable the Coast Guard to locate mariners in a more timely
manner and better utilize its limited resources. No party opposed this
requirement, and the
[[Page 64669]]
record is devoid of information as to the costs of compliance.
Accordingly, we find no basis in the record to exempt some small
passenger vessels from this requirement or to delay its implementation
through a phased-in schedule.
23. Finally, in the Second Report and Order, we amend Sec. 80.1085
of the rules to require that every passenger ship be provided with
means for two-way on-scene radiocommunications for search and rescue
purposes using the aeronautical frequencies 121.5 and 123.1 MHz from
the position from which the ship is normally navigated. PVA argues that
a requirement for on-scene radios with aeronautical frequencies is
expensive and is not useful outside of open ocean environments. It
urges that this requirement not be imposed upon passenger vessels
operating in or near coastal, inland, and other protected waters. More
broadly, PVA complains that the USCG's proposals in this proceeding
indicate that the USCG is seeking to extend equipment requirements that
are justified for vessels in open-ocean service to vessels on domestic
voyages. We agree with PVA that equipment requirements that make sense
for vessels on the open ocean should not be extended without further
analysis to vessels that stay closer to shore. However, we disagree
with PVA that an on-scene capability for two-way radiocommunications
with aircraft using the aeronautical frequencies 121.5 and 123.1 MHz
offers no potential safety benefits to vessels on domestic voyages. We
believe that the ability to communicate with helicopters or other
aircraft involved in search and rescue operations could save lives
where, for example, a passenger vessel catches fire and is exuding
thick smoke on an inland waterway. We further believe that these safety
benefits militate against exempting certain vessels from this
requirement, based either on the operator's small business status or
the restriction of the vessel to inland or protected waterways, or a
combination of both factors. Additionally, we do not believe that
adopting this requirement in the part 80 rules imposes a new compliance
cost on passenger vessels since the requirement was imposed
internationally under SOLAS well before the release of this order.
Moreover, because the safety benefits of this requirement are not
dependent on GMDSS implementation, and because passenger vessels are
already required to have this capability under SOLAS, we see no reason
to defer the effective date of this requirement to one year after Sea
Area A1 or Sea Area A2 implementation, as we have done with some of the
other requirements adopted herein in the interest of reducing
compliance costs. However, we believe it is appropriate to defer the
effective date for this requirement for some shorter period in order to
mitigate the compliance costs for small passenger vessel operators.
Accordingly, we will make this requirement effective six months after
the effective date of the Second Report and Order.
F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
24. None.
Report to Congress: The Commission will send a copy of the Second
Report and Order in WT Docket No. 00-48, including the Final Regulatory
Flexibility Analysis, in a report to be sent to Congress pursuant to
the Congressional Review Act. In addition, the Commission will send a
copy of the Second Report and Order in WTB Docket No. 00-48, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the SBA.
Sixth Report and Order in PR Docket No. 92-257
25. As required by the RFA, the Commission has also prepared a FRFA
of the rules adopted in the Sixth Report and Order in PR Docket No. 92-
257. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information center, will send a copy of the Sixth Report and
Order in PR Docket No. 92-257, including the FRFA, to the Chief Counsel
for Advocacy of the Small Business Administration, in accordance with
the RFA.
A. Need for, and Objectives of, the Sixth Report and Order
26. The rules adopted in the Sixth Report and Order are intended to
further streamline, consolidate and clarify the Commission's part 80
rules governing VHF public coast (VPC) stations; remove unnecessary or
duplicative requirements; address new international maritime
requirements; and promote flexibility and efficiency in the use of
marine radio equipment in a manner that will further maritime safety.
Specifically, in the Sixth Report and Order the Commission (i)
clarifies the responsibilities of VPC stations as to when they must
maintain a watch on the Channel 16 distress frequency and as to their
obligation to notify the Coast Guard of a station relocation; (ii)
generally declines to impose additional technical requirements for VPC
stations operating on offset channels; (iii) denies a request that nine
channel pairs now allocated for public safety and other private land
mobile radio operations be reallocated for use by VPC stations; (iv)
adopts new rules to govern the implementation of Automatic
Identification Systems; (v) establishes a new emission mask in Part 80
to accommodate a wide range of data services; (vi) eliminates the
station identification requirement for VPC stations licensed on a
geographic area basis; (vii) authorizes VPC stations to maintain
required station records in electronic form; (viii) relaxes the posting
requirement for VPC stations; and (ix) provides a clarification in the
rules that VPC stations, like other providers of commercial mobile
radio services, have been relieved of certain filing requirements as a
matter of forbearance.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
27. No comments were submitted specifically in response to the
IRFA. Nonetheless, we have considered the potential economic impact on
small entities of the rules discussed in the IRFA, and we have
considered alternatives that would reduce the potential economic impact
on small entities of the rules enacted herein.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
28. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act. A small
business concern is one which: (i) Is independently owned and operated;
(ii) is not dominant in its field of operation; and (iii) satisfies any
additional criteria established by the Small Business Administration
(SBA).
29. Small businesses in the aviation and marine radio services use
a marine very high frequency (VHF), medium frequency (MF), or high
frequency (HF) radio, any type of emergency position indicating radio
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of
emergency locator transmitter (ELT). The Commission has not developed a
definition of small entities specifically applicable to these small
businesses. For purposes of this FRFA, therefore, the
[[Page 64670]]
applicable definition of small entity is the definition under the SBA
rules applicable to wireless telecommunications. Pursuant to this
definition, a ``small entity'' for purposes of the ship station
licensees, public coast station licensees, or other marine radio users
that may be affected by these rules, is any entity employing 1,500 of
fewer persons. 13 CFR 121.201 (NAICS Code 517212). Since the size data
provided by the Small Business Administration do not enable us to make
a meaningful estimate of the number of marine radio service providers
and users that are small businesses, we have used the 1992 Census of
Transportation, Communications, and Utilities, conducted by the Bureau
of the Census, which is the most recent information available. This
document shows that twelve radiotelephone firms out of a total of 1,178
such firms which operated in 1992 had at least 1,000 employees. Thus,
we estimate that as many as 1,166 small entities may be affected.
30. Some of the rules adopted herein affect VHF public coast
station licensees. The Commission has defined the term ``small entity''
specifically applicable to public coast station licensees as any entity
employing less than 1,500 persons, based on the definition under the
Small Business Administration rules applicable to radiotelephone
service providers. See Amendment of the Commission's Rules Concerning
Maritime Communications, Third Report and Order and Memorandum Opinion
and Order, 13 FCC Rcd 19853, 19893 (1998) (citing 13 CFR 121.201,
Standard Industrial Classification (SIC) Code 4812, now NAICS Code
517212). Since the size data provided by the Small Business
Administration do not enable us to make a meaningful estimate of the
number of public coast station licensees that are small businesses, we
have used the 1992 Census of Transportation, Communications, and
Utilities, conducted by the Bureau of the Census, which is the most
recent information available. This document shows that twelve
radiotelephone firms out of a total of 1,178 such firms which operated
in 1992 had 1,000 or more employees. Thus, we estimate that no fewer
than 1,166 small entities will be affected.
31. Some of the rules adopted herein may also affect small
businesses that manufacture marine radio equipment. The Commission has
not developed a definition of small entities applicable to marine radio
equipment manufacturers. Therefore, the applicable definition is that
for Wireless Communications Equipment Manufacturers. The SBA has
established a small business size standard for radio and television
broadcasting and wireless communications equipment manufacturing. Under
this standard, firms are considered small if they have 750 or fewer
employees. Census Bureau data for 1997 indicate that, for that year,
there were a total of 1,215 establishments in this category. Of those,
there were 1,150 that had employment under 500, and an additional 37
that had employment of 500 to 999. The percentage of wireless equipment
manufacturers in this category is approximately 61.35%, so the
Commission estimates that the number of wireless equipment
manufacturers with employment under 500 was actually closer to 706,
with and additional 23 establishments having employment of between 500
and 999. Given the above, the Commission estimates that the great
majority of wireless communications equipment manufacturers are small
businesses.
32. D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
33. The Sixth Report and Order does not impose any additional
reporting, recordkeeping, or other compliance requirements on small
entities. The rule amendments adopted in the Sixth Report and Order
generally relieve VPC station licensees of existing requirements or
relax those requirements. The Sixth Report and Order does amend section
80.302(a) of the Commission's rules to expressly mandate that VPC
licensees subject to a Channel 16 watch requirement must notify the
Coast Guard as soon as practicable of a relocation of the station. This
requirement was not opposed by any party. In fact, the only parties
commenting on the issue--the Coast Guard and a VPC licensee--urged the
Commission to adopt this rule change. Accordingly, we do not believe
this requirement will have a direct and significant economic impact on
any small entities or, for that matter, any entities at all. In any
event, and as we state in the Sixth Report and Order, this is not a new
or additional requirement. Prior to the amendment adopted herein,
section 80.302(a) specified that a VPC licensee subject to the watch
requirement must notify the Coast Guard as soon as practicable when
there is any change in the operation of the station that would result
in a ``discontinuance, reduction or suspension'' of the watch. We
believe this language already encompassed a requirement to notify the
Coast Guard of a relocation of the watch, and we have amended the rule
only to clarify the point, as requested by the commenters.
E. Steps Taken to Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
34. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(i) the
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (ii) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (iii) the use of performance rather than design standards;
and (iv) an exemption from coverage of the rule, or any part thereof,
for such small entities.''
35. As explained in section D of the FRFA, supra, the Sixth Report
and Order does not impose any additional reporting, recordkeeping, or
other compliance requirements on small entities. The rule amendments
adopted in the Sixth Report and Order generally relieve VPC station
licensees of existing requirements or relax those requirements.
F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
36. None.
Report to Congress: The Commission will send a copy of the Sixth
Report and Order in PR Docket No. 92-257, including the Final
Regulatory Flexibility Analysis, in a report to be sent to Congress
pursuant to the Congressional Review Act. In addition, the Commission
will send a copy of the Sixth Report and Order in PR Docket No. 92-257,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the SBA.
II. Ordering Clauses
33. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of the Second Report and Order/
Sixth Report and Order including the Final Regulatory Flexibility
Analyses to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects
47 CFR Part 13
Radio.
47 CFR Part 80
Communications equipment, Incorporation by reference, Marine
[[Page 64671]]
safety, Radio, Reporting and recordkeeping requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Parts 13 and 80 as follows:
PART 13--COMMERCIAL RADIO OPERATORS
0
1. The authority citation for part 13 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47
U.S.C. 154, 303.
0
2. Section 13.203 is amended by revising paragraph (a)(5),
redesignating paragraphs (a)(6) and (a)(7) as paragraphs (a)(7) and
(a)(8), and adding a new paragraph (a)(6) to read as follows:
Sec. 13.203 Examination elements.
(a) * * *
(5) Element 7: GMDSS radio operating practices. 100 questions
concerning GMDSS radio operating procedures and practices sufficient to
show detailed practical knowledge of the operation of all GMDSS sub-
systems and equipment; ability to send and receive correctly by radio
telephone and narrow-band direct-printing telegraphy; detailed
knowledge of the regulations applying to radio communications,
knowledge of the documents relating to charges for radio communications
and knowledge of those provisions of the International Convention for
the Safety of Life at Sea which relate to radio; sufficient knowledge
of English to be able to express oneself satisfactorily both orally and
in writing; knowledge of and ability to perform each function listed in
Sec. 80.1081; and knowledge covering the requirements set forth in IMO
Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3.
The minimum passing score is 75 questions answered correctly.
(6) Element 7R: Restricted GMDSS radio operating practices. 50
questions concerning those GMDSS radio operating procedures and
practices that are applicable to ship stations on vessels that sail
exclusively in sea area A1, as defined in Sec. 80.1069 of this
chapter, sufficient to show detailed practical knowledge of the
operation of pertinent GMDSS sub-systems and equipment; ability to send
and receive correctly by radio telephone and narrow-band direct-
printing telegraphy; detailed knowledge of the regulations governing
radio communications within sea area A1, knowledge of the pertinent
documents relating to charges for radio communications and knowledge of
the pertinent provisions of the International Convention for the Safety
of Life at Sea; sufficient knowledge of English to be able to express
oneself satisfactorily both orally and in writing; knowledge of and
ability to perform each pertinent function listed in Sec. 80.1081; and
knowledge covering the pertinent requirements set forth in IMO Assembly
Resolution on Training for Radio Personnel (GMDSS), Annex 3. The
minimum passing score is 38 questions answered correctly.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
0
3. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
0
4. Section 80.15 is amended by revising paragraph (e)(2) to read as
follows:
Sec. 80.15 Eligibility for station license.
* * * * *
(e) * * *
(2) A 406.0-406.1 MHz EPIRB may be used by any ship required by
U.S. Coast Guard regulations to carry an EPIRB or by any ship that is
equipped with a VHF ship radio station. An INMARSAT-E EPIRB may be used
by any ship required by U.S. Coast Guard regulations to carry an EPIRB
or by any ship that is equipped with a VHF radio station, provided that
the ship is not operating in sea area A4 as defined in Sec.
80.1069(a)(4).
* * * * *
0
5. Section 80.59 is amended by revising paragraph (c)(1)(x) to read as
follows:
Sec. 80.59 Compulsory ship inspections.
* * * * *
(c) * * *
(1) * * *
(x) Type and quantity of radio equipment on board, including:
(A) VHF Radio Installation (indicate if GMDSS approved);
(B) Single Side-Band (SSB) (indicate the band of operation, MF or
HF and indicate if GMDSS approved);
(C) Category 1, 406 MHz EPIRB (GMDSS approved);
(D) NAVTEX Receiver (GMDSS approved);
(E) Survival Craft VHF (GMDSS approved);
(F) 9 GHz Radar Transponder (GMDSS approved);
(G) Ship Earth Station;
(H) 2182 Radiotelephone Auto Alarm
(I) Reserve Power Supply (capability); and
(J) Any other equipment.
* * * * *
0
6. Section 80.95 is amended by revising paragraph (a) introductory text
to read as follows:
Sec. 80.95 Message charges.
(a) Except as specified in Sec. 20.15(c) of this chapter with
respect to commercial mobile radio service providers, charges must not
be made for service of:
* * * * *
0
7. Section 80.98 is revised to read as follows:
Sec. 80.98 Radiotelegraph testing procedures.
Stations authorized to use telegraphy may conduct tests on any
assigned frequency. Emissions must not cause harmful interference. When
radiation is necessary the radiotelegraph testing procedure described
in this paragraph must be followed:
(a) The operator must not interfere with transmissions in progress.
(b) The operator must transmit ``IE'' (two dots, space, one dot) on
the test frequency as a warning that test emissions are about to be
made.
(c) If any station transmits ``AS'' (wait), testing must be
suspended. When transmission of ``IE'' is resumed and no response is
heard, the test may proceed.
(d) Test signals composed of a series of ``VVV'' having a duration
of not more than ten seconds, followed by the call sign of the testing
station will be transmitted. The call sign must be sent clearly at a
speed of approximately 10 words per minute. This test transmission must
not be repeated until a period of at least one minute has elapsed.
0
8. Section 80.102 is amended by revising paragraph (f) to read as
follows:
Sec. 80.102 Radiotelephone station identification.
* * * * *
(f) VHF public coast stations licensed to serve a predetermined
geographic service area are not required to provide station
identification under this section. A site-based VHF public coast
station may identify by means of the approximate geographic location of
the station or the area it serves when it is the only VHF public coast
station serving the location or there will be no
[[Page 64672]]
conflict with the identification of any other station.
Sec. 80.142 [Amended]
0
9. Section 80.142 is amended by removing paragraph (c)(1)(i) and
redesignating paragraphs (c)(1)(ii) and (c)(1)(iii) as (c)(1)(i) and
(c)(1)(ii).
0
10. Section 80.203 is amended by adding a new paragraph (m)(6) to read
as follows:
Sec. 80.203 Authorization of transmitters for licensing.
* * * * *
(m) * * *
(6) No ship station shall include any device or provision capable
of transmitting any tone or signal on a distress frequency for any
purpose unless specific provisions exist in this Part authorizing such
tone or signal.
* * * * *
0
11. Section 80.207 is amended by revising paragraph (d) to read as
follows:
Sec. 80.207 Classes of emission.
* * * * *
(d) The authorized classes of emission are as follows:
------------------------------------------------------------------------
Types of stations Classes of emission
------------------------------------------------------------------------
Ship Stations \1\
Radiotelegraphy:
100-160 kHz........................ A1A
405-525 kHz........................ A1A, J2A
1605-27500 kHz:....................
Manual \15\ \16\ \17\.......... A1A, J2A, J2B, J2D
DSC \6\........................ F1B, J2B
NB-DP \14\ \16\................ F1B, J2B, J2D
Facsimile...................... F1C, F3C, J2C, J3C
156-162 MHz \2\.................... F1B, F2B, F2C, F3C, F1D, F2D
DSC............................ G2B
216-220 MHz \3\.................... F1B, F2B, F2C, F3C
1626.5-1646.5 MHz.................. (\4\)
Radiotelephony:
1605-27500 kHz \5\ \16\............ H3E, J2D, J3E, R3E
27.5-470 MHz \6\................... G3D, G3E
162.5-1646.5 MHz................... (\4\)
Radiodetermination:
285-325 kHz \7\.................... A1A, A2A
405-525 kHz (Direction Finding) \8\ A3N, H3N, J3N, NON
154-459 MHz \12\................... A1D, A2D, F1D, F2D, G1D, G2D
2.4-9.5 GHz........................ PON
14.00-14.05 GHz.................... F3N
Land Stations \1\
Radiotelegraphy:
100-160 kHz........................ A1A
405-525 kHz........................ A1A, J2A
1605-2850 kHz:
Manual......................... A1A, J2A
Facsimile...................... F1C, F3C, J2C, J3C
Alaska--Fixed.................. A1A, J2A
4000-27500 kHz:
Manual \16\.................... A1A, J2A, J2B, J2D
DSC \18\....................... F1B, J2B
NB-DP \14\ \18\................ F1B, J2B, J2D
Facsimile...................... F1C, F3C, J2C, J3C
Alaska-Fixed\17\ \18\.......... A1A, A2A, F1B, F2B, J2B, J2D
72-76 MHz \2\ \18\................. A1A, A2A, F1B, F2B
156-162 MHz \2\ \20\............... F1B, F2B, F2C, F3C, F1D, F2D
DSC............................ G2B
216-220 MHz \3\.................... F1B, F2B, F2C, F3C
Radiotelephony:
1605-27500 kHz \18\ \19\........... H3E, J3E, R3E
72-76 MHz.......................... A3E, F3E, G3E
156-470 MHz........................ G3E
Radiodetermination:
2.4-9.6 GHz........................ PON
Distress, Urgency and Safety \8\ \9\
2182 kHz \10\ \11\................. A2B, A3B, H2B, H3E, J2B, J3E
121.500 MHz........................ A3E, A3X, N0N
123.100 MHz........................ A3E
156.750 and 156.800 MHz \13\....... G3E, G3N
243.000 MHz........................ A3E, A3X, N0N
406.025 MHz........................ G1D
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
establishment.
\2\ Frequencies used for public correspondence and in Alaska 156.425
MHz. See Sec. Sec. 80.371(c), 80.373(f) and 80.385(b). Transmitters
approved before January 1, 1994, for G3E emissions will be authorized
indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
approved on or after January 1, 1994, will be authorized for F2C, F3C,
F1D or F2D emissions only if they are approved specifically for each
emission designator.
\3\ Frequencies used in the Automated Maritime Telecommunications System
(AMTS). See Sec. 80.385(b).
\4\ Types of emission are determined by the INMARSAT Organization.
[[Page 64673]]
\5\ Transmitters approved prior to December 31, 1969, for emission H3E,
J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to be
operated. These transmitters will not be authorized in new
installations.
\6\ G3D emission must be used only by one-board stations for maneuvering
or navigation.
\7\ Frequencies used for cable repair operations. See Sec. 80.375(b).
\8\ For direction finding requirements see Sec. 80.375.
\9\ Includes distress emissions used by ship, coast, EPIRBs and survival
craft stations.
\10\ On 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission
of the auto alarm signals.
\11\ Ships on domestic voyages must use J3E emission only.
\12\ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz,
454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and
related telecommand operations.
\13\ Class C EPIRB stations may not be used after February 1, 1999.
\14\ NB-DP operations which are not in accordance with CCIR
Recommendation 625 or 476 are permitted to utilize any modulation, so
long as emissions are within the limits set forth in Sec. 80.211(f).
\15\ J2B is permitted only on 2000-27500 kHz.
\16\ J2D is permitted only on 2000-27500 kHz, and ship stations
employing J2D emissions shall at no time use a peak envelope power in
excess of 1.5 kW per channel.
\17\ J2B and J2D are permitted provided they do not cause harmful
interference to A1A.
\18\ Coast stations employing J2D emissions shall at no time use a peak
envelope power in excess of 10 kW per channel.
\19\ J2D is permitted only on 2000-27500 kHz.
\20\ If a station uses another type of digital emission, it must comply
with the emission mask requirements of Sec. 90.210 of this Chapter,
except that Automatic Identification System (AIS) transmissions do not
have to comply with the emission mask requirements of Sec. 90.210 of
this Chapter.
0
12. Section 80.213 is amended by revising paragraph (d) to read as
follows:
Sec. 80.213 Modulation requirements.
* * * * *
(d) Ship and coast station transmitters operating in the 156-162
MHz and 216-220 bands must be capable of proper operation with a
frequency deviation that does not exceed 5 kHz when using
any emission authorized by Sec. 80.207.
* * * * *
0
13. Section 80.215 is amended by revising paragraph (g) to read as
follows:
Sec. 80.215 Transmitter power.
* * * * *
(g) The carrier power of ship station radiotelephone transmitters,
except portable transmitters, operating in the 156-162 MHz band must be
at least 8 but not more than 25 watts. Transmitters that use 12 volt
lead acid storage batteries as a primary power source must be measured
with a primary voltage between 12.2 and 13.7 volts DC. Additionally,
unless otherwise indicated, equipment in radiotelephone ship stations
operating in the 156-162 MHz band must meet the following requirements:
(1) All transmitters and remote control units must be capable of
reducing the carrier power to one watt or less;
(2) Except as indicated in (g)(4) of this section, all transmitters
manufactured after January 21, 1987, or in use after January 21, 1997,
must automatically reduce the carrier power to one watt or less when
the transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be
provided with a manual override switch which when held by an operator
will permit full carrier power operation on 156.375 MHz and 156.650
MHz;
(3) Except as indicated in (g)(4) of this section, all ship station
transmitters installed after January 9, 2006, must be capable of tuning
to 156.775 MHz and 156.825 MHz and must automatically reduce the
carrier power to one watt or less, with no manual override capability,
when the transmitter is tuned to either 156.775 MHz or 156.825 MHz;
(4) Hand-held portable transmitters are not required to comply with
the automatic reduction of carrier power in (g)(2) of this section; and
(5) Transmitters dedicated for use on public correspondence duplex
channels as additional equipment to a VHF ship station in the Great
Lakes which meet all pertinent rules in this part are not required to
reduce their carrier power to one watt.
* * * * *
0
14. Section 80.275 is added to read as follows:
Sec. 80.275 Technical Requirements for Automatic Identification
Systems (AIS) equipment.
(a) Prior to submitting a certification application for an AIS
device, the following information must be submitted in duplicate to the
Commandant (G-MSE), U.S. Coast Guard, 2100 2nd Street, SW., Washington
DC 20593-0001:
(1) The name of the manufacturer or grantee and the model number of
the AIS device;
(2) Copies of the test report and test data obtained from the test
facility showing that the device complies with the environmental and
operational requirements identified in Sec. 80.1101.
(b) After reviewing the information described in paragraph (a) of
this section, the U.S. Coast Guard will issue a letter stating whether
the AIS device satisfies all of the requirements specified in Sec.
80.1101.
(c) A certification application for an AIS device submitted to the
Commission must contain a copy of the U.S. Coast Guard letter stating
that the device satisfies all of the requirements specified in Sec.
80.1101, a copy of the technical test data, and the instruction
manual(s).
Sec. 80.301 [Amended]
0
14a. Section 80.301 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (d) as paragraphs (a) through (c).
0
15. Section 80.302 is amended by revising paragraph (a) to read as
follows:
Sec. 80.302 Notice of discontinuance, reduction, or impairment of
service involving a distress watch.
(a) When changes occur in the operation of a public coast station
which include discontinuance, relocation, reduction or suspension of a
watch required to be maintained on 2182 kHz or 156.800 MHz,
notification must be made by the licensee to the nearest district
office of the U.S. Coast Guard as soon as practicable. The notification
must include the estimated or known resumption time of the watch.
* * * * *
0
16. Section 80.304 is revised to read as follows:
Sec. 80.304 Watch requirement during silence periods.
Each ship station operating on telephony on frequencies in the band
1605-3500 kHz must maintain a watch on the frequency 2182 kHz. This
watch must be maintained at least twice each hour for 3 minutes
commencing at x h.00 and x h.30 Coordinated Universal Time (UTC) using
either a loudspeaker or headphone. Except for distress, urgency or
safety messages, ship stations must not transmit during the silence
periods on 2182 kHz.
Sec. 80.305 [Amended]
0
17. Section 80.305 is amended by removing paragraph (a)(1) and
redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(1) and
(a)(2).
[[Page 64674]]
Sec. 80.306 [Removed]
0
18. Remove Sec. 80.306.
0
19. Section 80.319 is amended by revising paragraph (c) to read as
follows:
Sec. 80.319 Radiotelegraph distress call and message transmission
procedure.
* * * * *
(c) The distress message, preceded by the distress call, must be
repeated at intervals until an answer is received. The radiotelegraph
alarm signal may also be repeated, if necessary.
* * * * *
0
20. Section 80.329 is amended by revising paragraph (d) to read as
follows:
Sec. 80.329 Safety signals.
* * * * *
(d) The safety signal and call must be sent on one of the
international distress frequencies (2182 kHz or 156.8 MHz
radiotelephone). Stations which cannot transmit on a distress frequency
may use any other available frequency on which attention might be
attracted.
Sec. 80.330 [Amended]
0
21. Section 80.330 is amended by removing paragraph (b) and
redesignating paragraphs (c) and (d) as paragraphs (b) and (c).
Sec. 80.355 [Amended]
0
22. Section 80.355 is amended by removing paragraph (b) and
redesignating paragraphs (c) and (d) as paragraphs (b) and (c).
Sec. 80.357 [Amended]
0
23. Section 80.357 is amended by removing paragraph (b)(2)(iv).
0
24. Section 80.371 is amended by revising paragraphs (c)(1)(ii)
introductory text and (c)(1)(iii) to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) * * *
(1) * * *
(ii) Service areas in the marine VHF 156-162 MHz band are VHF
Public Coast Station Areas (VPCSAs). As listed in the table in this
paragraph, VPCSAs are based on, and composed of one or more of, the
U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114
(March 10, 1995). In addition, the Commission shall treat Guam and the
Northern Mariana Islands, Puerto Rico and the United States Virgin
Islands, American Samoa, and the Gulf of Mexico as EA-like areas, and
has assigned them EA numbers 173-176, respectively. Maps of the EAs and
VPCSAs are available for public inspection and copying at the FCC
Public Reference Room, Room CY-A257, 445 12th Street, SW., Washington,
DC 20554. Except as shown in the table, the frequency pairs listed in
paragraph (c)(1)(i) of this section are available for assignment to a
single licensee in each of the VPCSAs listed in the table in this
paragraph. In addition to the EAs listed in the table in this
paragraph, each VPCSA also includes the adjacent waters under the
jurisdiction of the United States. * * *
(iii) Subject to paragraph (c)(3) of this section, each licensee
may also operate on 12.5 kHz offset frequencies in areas where the
licensee is authorized on both frequencies adjacent to the offset
frequency, and in areas where the licensee on the other side of the
offset frequency consents to the licensee's use of the adjacent offset
frequency. Coordination with Canada is required for offset operations
under any circumstance in which operations on either adjoining 25 kHz
channel would require such coordination. See Sec. 80.57 of this part.
* * * * *
0
25. Section 80.373 is amended by revising paragraph (f) to read as
follows:
Sec. 80.373 Private communications frequencies.
* * * * *
(f) Frequencies in the 156-162 MHz band. The following tables
describe the carrier frequencies available in the 156-162 MHz band for
radiotelephone communications between ship and private coast stations.
(Note: the letter ``A'' following the channel designator indicates
simplex operation on a channel designated internationally as a duplex
channel.)
Frequencies in the 156-162 MHz Band
----------------------------------------------------------------------------------------------------------------
Carrier frequency Carrier frequency Points of communication
Channel designator (MHz) ship (MHz) coast (intership and between coast and
transmit transmit ship unless otherwise indicated)
----------------------------------------------------------------------------------------------------------------
Port Operations
----------------------------------------------------------------------------------------------------------------
01A\1\.................................. 156.050 156.050 ................................
63A\1\.................................. 156.175 156.175 ................................
05A \2\................................. 156.250 156.250
65A..................................... 156.275 156.275 ................................
66A..................................... 156.325 156.325 ................................
12 \3\.................................. 156.600 156.600 ................................
73...................................... 156.675 156.675 ................................
14 \3\.................................. 156.700 156.700 ................................
74...................................... 156.725 156.725 ................................
75 \18\................................. 156.775 156.775 ................................
76 \18\................................. 156.825 156.825 ................................
77 \4\.................................. 156.875 ................. Intership only.
20A \12\................................ 157.000 ................. Intership only.
-----------------------------------------
Navigational (Bridge-to-Bridge) \5\
----------------------------------------------------------------------------------------------------------------
13 \6\.................................. 156.650 156.650
67 \7\.................................. 156.375 156.375 ................................
-----------------------------------------
Commercial
----------------------------------------------------------------------------------------------------------------
01A\1\.................................. 156.050 156.050 ................................
63A\1\.................................. 156.175 156.175 ................................
07A..................................... 156.350 156.350 ................................
67 \7\.................................. 156.375 ................. Intership only.
[[Page 64675]]
08...................................... 156.400 ................. Do.
09...................................... 156.450 156.450 ................................
10...................................... 156.500 156.500 ................................
11 \3\.................................. 156.550 156.550 ................................
18A..................................... 156.900 156.900 ................................
19A..................................... 156.950 156.950 ................................
79A..................................... 156.975 156.975 ................................
80A..................................... 157.025 157.025 ................................
88A\8\.................................. 157.425 ................. Intership only.
72 \14\................................. 156.625 ................. Intership only.
-----------------------------------------
Digital Selective Calling
----------------------------------------------------------------------------------------------------------------
70 \15\................................. 156.525 156.525 ................................
-----------------------------------------
Noncommercial
----------------------------------------------------------------------------------------------------------------
68 \17\................................. 156.425 156.425 ................................
09 \16\................................. 156.450 156.450 ................................
69...................................... 156.475 156.475 ................................
71...................................... 156.575 156.575 ................................
72...................................... 156.625 ................. Intership only.
78A..................................... 156.925 156.925 ................................
79A..................................... 156.975 156.975 Great Lakes only.
80A..................................... 157.025 157.025 Do.
67 \14\................................. 156.375 ................. Intership only.
-----------------------------------------
Distress, Safety and Calling
----------------------------------------------------------------------------------------------------------------
16...................................... 156.800 156.800 ................................
-----------------------------------------
Intership Safety
----------------------------------------------------------------------------------------------------------------
06...................................... 156.300 ................. a. Intership, or b. For SAR:
Ship and aircraft for the U.S.
Coast Guard.
-----------------------------------------
Environmental
----------------------------------------------------------------------------------------------------------------
15 \13\................................. ................. 156.750 Coast to ship only.
-----------------------------------------
Maritime Control
----------------------------------------------------------------------------------------------------------------
17 \9\ \10\............................. 156.850 156.850 ................................
-----------------------------------------
Liaison and Safety Broadcasts, U.S. Coast Guard
----------------------------------------------------------------------------------------------------------------
22A\11\................................. 157.100 157.100 Ship, aircraft, and coast
stations of the U.S. Coast
Guard and at Lake Mead, Nev.,
ship and coast stations of the
National Park Service, U.S.
Department of the Interior.
----------------------------------------------------------------------------------------------------------------
\1\ 156.050 MHz and 156.175 MHz are available for port operations and commercial communications purposes when
used only within the U.S. Coast Guard designated Vessel Traffic Services (VTS) area of New Orleans, on the
lower Mississippi River from the various pass entrances in the Gulf of Mexico to Devil's Swamp Light at River
Mile 242.4 above head of passes near Baton Rouge.
\2\ 156.250 MHz is available for port operations communications use only within the U.S. Coast Guard designated
VTS radio protection areas of New Orleans and Houston described in Sec. 80.383. 156.250 MHz is available for
intership port operations communications used only within the area of Los Angeles and Long Beach harbors,
within a 25-nautical mile radius of Point Fermin, California.
\3\ 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S. Coast Guard designated port areas only
for VTS communications and in the Great Lakes available primarily for communications relating to the movement
of ships in sectors designated by the St. Lawrence Seaway Development Corporation or the U.S. Coast Guard. The
use of these frequencies outside VTS and ship movement sector protected areas is permitted provided they cause
no interference to VTS and ship movement communications in their respective designated sectors.
\4\ Use of 156.875 MHz is limited to communications with pilots regarding the movement and docking of ships.
Normal output power must not exceed 1 watt.
\5\ 156.375 MHz and 156.650 MHz are available primarily for intership navigational communications. These
frequencies are available between coast and ship on a secondary basis when used on or in the vicinity of locks
or drawbridges. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts for
coast stations or 25 watts for ship stations.
\6\ On the Great Lakes, in addition to bridge-to-bridge communications, 156.650 MHz is available for vessel
control purposes in established vessel traffic systems. 156.650 MHz is not available for use in the
Mississippi River from South Pass Lighted Whistle Buoy ``2'' and Southwest Pass entrance Mid-channel Lighted
Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge. Additionally it is not available for use in
the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational
Canal, except to aid the transition from these areas.
[[Page 64676]]
\7\ Use of 156.375 MHz is available for navigational communications only in the Mississippi River from South
Pass Lighted Whistle Buoy ``2'' and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4
above Head of Passes near Baton Rouge, and in addition over the full length of the Mississippi River-Gulf
Outlet Canal from entrance to its junction with the Inner Harbor Navigational Canal, and over the full length
of the Inner Harbor Navigational Canal from its junction with the Mississippi River to its entry to Lake
Pontchartrain at the New Seabrook vehicular bridge.
\8\ Within 120 km (75 miles) of the United States/Canada border, in the area of the Puget Sound and the Strait
of Juan de Fuca and its approaches, 157.425 MHz is half of the duplex pair designated as Channel 88. In this
area, Channel 88 is available to ship stations for communications with public coast stations only. More than
120 km (75 miles) from the United States/Canada border, in the area of the Puget Sound and the Strait of Juan
de Fuca, its approaches, the Great Lakes, and the St. Lawrence Seaway, 157.425 MHz is available for intership
and commercial communications. Outside Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is
also available for communications between commercial fishing vessels and associated aircraft while engaged in
commercial fishing activities.
\9\ When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training
exercises conducted by state or local governments.
\10\ The frequency 156.850 MHz is additionally available to coast stations on the Great Lakes for transmission
of scheduled Coded Marine Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and unscheduled
Notices to Mariners or Bulletins. F3C and J3C emissions are permitted. Coast stations on the Great Lakes must
cease weather broadcasts which cause interference to stations operating on 156.800 MHz until the interference
problem is resolved.
\11\ The frequency 157.100 MHz is authorized for search and rescue training exercises by state or local
government in conjunction with U.S. Coast Guard stations. Prior U.S. Coast Guard approval is required. Use
must cease immediately on U.S. Coast Guard request.
\12\ The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications.
\13\ Available for assignment to coast stations, the use of which is in accord with an agreed program, for the
broadcast of information to ship stations concerning the environmental conditions in which vessels operate,
i.e., weather; sea conditions; time signals; notices to mariners; and hazards to navigation.
\14\ Available only in the Puget Sound and the Strait of Juan de Fuca.
\15\ The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital
selective calling techniques. No other uses are permitted.
\16\ The frequency 156.450 MHz is available for intership, ship and coast general purpose calling by
noncommercial vessels, such as recreational boats and private coast stations.
\17\ The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile
transmissions as well as voice communications.
\18\ The frequencies 156.775 and 156.825 MHz are available for navigation-related port operations or ship
movement only, and all precautions must be taken to avoid harmful interference to channel 16. Transmitter
output power is limited to 1 watt for ship stations, and 10 watts for coast stations.
* * * * *
0
26. Section 80.405 is amended by revising paragraph (c) to read as
follows:
Sec. 80.405 Station license.
* * * * *
(c) Posting. (1) The current station authorization for a station
other than a public coast station, or a clearly legible copy, must be
posted at the principal control point of each station. If a copy is
posted, it must indicate the location of the original. When the station
license cannot be posted as in the case of a marine utility station
operating at temporary unspecified locations or the ship or
recreational boat does not have an enclosed wheelhouse, it must be kept
where it will be readily available for inspection. The licensee of a
station on board a ship subject to Part II or III or Title III of the
Communications Act or the Safety Convention must retain the most
recently expired ship station license in the station records until the
first Commission inspection after the expiration date.
(2) Public coast stations authorized under this part must make
available either a clearly legible copy of the authorization for each
station at the principal control point of the station or an address or
location where the current authorization may be found and a telephone
number of that authorization's representative.
0
27. Section 80.409 is amended by revising paragraphs (b)(2) and (c), by
removing paragraphs (d)(4), (d)(5), and (d)(11), and redesignating
paragraphs (d)(6) through (d)(10) as paragraphs (d)(4) through (d)(8).
Sec. 80.409 Station logs.
* * * * *
(b) * * *
(2) Logs containing entries required by paragraph (c) of this
section must be kept either at the principal control point of the
station or electronically filed at the station licensee's primary
office or available to the Commission via secured access to the
licensee's Internet web site. Logs containing entries required by
paragraphs (e) and (f) of this section must be kept at the principal
radiotelephone operating location while the vessel is being navigated.
All entries in their original form must be retained on board the vessel
for at least 30 days from the date of entry. Additionally, logs
required by paragraph (f) of this section must be retained on board the
vessel for a period of 2 years from the date of the last inspection of
the ship radio station.
* * * * *
(c) Public coast station logs. Public coast stations must maintain
a log, whether by means of written or automatic logging or a
combination thereof. The log must contain the following information:
(1) ``ON DUTY'' must be entered by the operator beginning a duty
period, followed in the case of a written log by the operator's
signature. ``OFF DUTY'' must be entered by the operator being relieved
of or terminating duty, followed in the case of a written log by the
operator's signature.
(2) The date and time of making an entry must be shown opposite the
entry.
(3) Failure of equipment to operate as required and incidents
tending to unduly delay communication must be entered.
(4) All measurements of the transmitter frequency(ies) must be
entered with a statement of any corrective action taken.
(5) Entries must be made giving details of all work performed which
may affect the proper operation of the station. The entry must be made,
dated and in the case of a written log signed by the operator who
supervised or performed the work and, unless the operator is regularly
employed on a full-time basis at the station, must also include the
mailing address, class, serial number, and expiration date of the
operator license.
(6) Entries must be made about the operation of the antenna tower
lights when the radio station has an antenna structure requiring
illumination by part 17 of this chapter.
(7) All distress or safety related calls transmitted or received
must be entered, together with the frequency used and the position of
any vessel in need of assistance.
* * * * *
0
28. Section 80.471 is revised to read as follows:
[[Page 64677]]
Sec. 80.471 Discontinuance or impairment of service.
Except as specified in Sec. 20.15(b)(3) of this chapter with
respect to commercial mobile radio service providers, a public coast
station must not discontinue or impair service unless authorized to do
so by the Commission.
0
29. Section 80.905 is amended by revising paragraph (a) to read as
follows:
Sec. 80.905 Vessel radio equipment.
(a) Vessels subject to part III of title III of the Communications
Act that operate in the waters described in Sec. 80.901 must, at a
minimum, be equipped as follows:
(1) Vessels operated solely within the communications range of a
VHF public coast station or U.S. Coast Guard station that maintains a
watch on 156.800 MHz while the vessel is navigated must be equipped
with a VHF-DSC radiotelephone installation, except that a VHF
radiotelephone installation without DSC capability is permitted until
one year after the Coast Guard notifies the Commission that shore-based
sea area A1 coverage is established. Vessels in this category must not
operate more than 20 nautical miles from land.
(2) Vessels operated beyond the 20 nautical mile limitation
specified in paragraph (a)(1) of this section, but not more than 100
nautical miles from the nearest land, must be equipped with a MF-DSC
frequency transmitter capable of transmitting J3E emission and a
receiver capable of reception of J3E emission within the band 1710 to
2850 kHz, in addition to the VHF-DSC radiotelephone installation
required by paragraph (a)(1) of this section, except that a MF
radiotelephone installation without DSC capability is permitted until
one year after the Coast Guard notifies the Commission that shore-based
sea area A2 coverage is established. The MF or MF-DSC transmitter and
receiver must be capable of operation on 2670 kHz.
(3) Vessels operated more than 100 nautical miles but not more than
200 nautical miles from the nearest land must:
(i) Be equipped with a VHF-DSC radiotelephone installation, except
that a VHF radiotelephone installation without DSC capability is
permitted until one year after the Coast Guard notifies the Commission
that shore-based sea area A1 coverage is established;
(ii) Be equipped with an MF-DSC radiotelephone transmitter and
receiver meeting the requirements of paragraph (a)(2) of this section,
except that a MF radiotelephone installation without DSC capability is
permitted until one year after the Coast Guard notifies the Commission
that shore-based sea area A2 coverage is established; and
(iii) Be equipped with either:
(A) A DSC-capable single sideband radiotelephone that complies with
ITU-R Rec. (series) M.493 Class A, B or E, and is capable of operating
on all distress and safety frequencies in the medium frequency and high
frequency bands listed in Sec. 80.369(a) and (b), on all of the ship-
to-shore calling frequencies in the high frequency bands listed in
Sec. 80.369(d), and on at least four of the automated mutual-
assistance vessel rescue (AMVER) system HF duplex channels (this
requirement may be met by the addition of such frequencies to the
radiotelephone installation required by paragraph (a)(2) of this
section); or
(B) If operated in an area within the coverage of an INMARSAT
maritime mobile geostationary satellite in which continuous alerting is
available, an INMARSAT B, C, or M ship earth station, or an INMARSAT A
ship earth station if installed prior to February 12, 2004.
(iv) Be equipped with a reserve power supply meeting the
requirements of Sec. Sec. 80.917(b), 80.919 and 80.921, and capable of
powering the single sideband radiotelephone or the ship earth station
(including associated peripheral equipment) required by paragraph
(a)(3)(iii) of this section, including the navigation receiver referred
to in Sec. 80.905(a)(5);
(v) Be equipped with a NAVTEX receiver conforming to the following
performance standards: IMO Resolution A.525(13) and ITU-R
Recommendation 540;
(vi) Be equipped with a Category I 406-406.1 MHz satellite
emergency position-indicating radiobeacon (EPIRB) meeting the
requirements of Sec. 80.1061 or, if the ship is not operating in sea
area A4, as defined in Sec. 80.1069(a)(4), an automatic float-free
INMARSAT-E EPIRB meeting the requirements of Sec. 80.1063; and
(vii) Participate in the AMVER system while engaged on any voyage
where the vessel is navigated in the open sea for more than 24 hours.
Copies of the AMVER Bulletin are available at: AMVER Maritime
Relations, USCG Battery Park Building, Room 201, New York, NY 10004-
1499. Phone 212-668-7764; Fax 212-668-7684.
(4) Vessels operated more than 200 nautical miles from the nearest
land must:
(i) Be equipped with two VHF-DSC radiotelephone installations,
except that VHF radiotelephone installations without DSC capability are
permitted until one year after the Coast Guard notifies the Commission
that shore-based sea area A1 coverage is established;
(ii) Be equipped with an MF-DSC radiotelephone transmitter and
receiver meeting the requirements of paragraph (a)(2) of this section,
except that a MF radiotelephone installation without DSC capability is
permitted until one year after the Coast Guard notifies the Commission
that shore-based sea area A2 coverage is established;
(iii) Be equipped with either:
(A) A DSC-capable independent single sideband radiotelephone that
complies with ITU-R Rec. (series) M.493 Class A, B or E, and is capable
of operating on all distress and safety frequencies in the medium
frequency and high frequency bands listed in Sec. 80.369(a) and (b),
on all of the ship-to-shore calling frequencies in the high frequency
bands listed in Sec. 80.369(d), and on at least four of the automated
mutual-assistance vessel rescue (AMVER) system HF duplex channels; or
(B) If operated in an area within the coverage of an INMARSAT
maritime mobile geostationary satellite in which continuous alerting is
available, an INMARSAT B, C, or M ship earth station, or an INMARSAT A
ship earth station if installed prior to February 12, 2004.
(iv) Be equipped with a reserve power supply meeting the
requirements of Sec. Sec. 80.917(b), 80.919 and 80.921, and capable of
powering the single sideband radiotelephone or the ship earth station
(including associated peripheral equipment) required by paragraph
(a)(4)(iii) of this section, including the navigation receiver referred
to in Sec. 80.905(a)(5);
(v) Be equipped with a NAVTEX receiver conforming to the following
performance standards: IMO Resolution A.525(13) and ITU-R
Recommendation 540;
(vi) Be equipped with a Category I 406-406.1 MHz satellite
emergency position-indicating radiobeacon (EPIRB) meeting the
requirements of Sec. 80.1061 or, if the ship is not operating in sea
area A4, as defined in Sec. 80.1069(a)(4), an automatic float-free
INMARSAT-E EPIRB meeting the requirements of Sec. 80.1063;
(vii) Be equipped with a radiotelephone distress frequency watch
receiver meeting the requirements of Sec. 80.269;
(viii) Be equipped with an automatic radiotelephone alarm signal
generator meeting the requirements of Sec. 80.221; and
[[Page 64678]]
(ix) Participate in the AMVER system while engaged on any voyage
where the vessel is navigated in the open sea for more than 24 hours.
Copies of the AMVER Bulletin are available at: AMVER Maritime
Relations, USCG Battery Park Building, Room 201, New York, NY 10004-
1499. Phone 212-668-7764; Fax 212-668-7684.
(5) Vessels must comply with the requirements for a navigation
receiver or manual updating of position information contained in Sec.
80.1085(c).
* * * * *
0
30. Section 80.1061 is amended by revising paragraphs (e) and (f) to
read as follows:
Sec. 80.1061 Special requirements for 406.0-406.1 MHz EPIRB stations.
* * * * *
(e) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager
for the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed
in each EPIRB unit to establish a unique identification for each EPIRB
station. With each marketable EPIRB unit, the manufacturer or grantee
must include a postage pre-paid registration card printed with the
EPIRB identification code addressed to: NOAA/SARSAT Beacon
Registration, E/SP3, Federal Building 4, Room 3320, 5200 Auth Road,
Suitland, MD 20746-4304. The registration card must request the owner's
name, address, telephone number, type of ship, alternate emergency
contact and other information as required by NOAA. The registration
card must also contain information regarding the availability to
register the EPIRB at NOAA's online web-based registration database at:
http://www/beaconregistration.noaa.gov. In addition, the following
statement must be included: ``WARNING--failure to register this EPIRB
with NOAA before installation could result in a monetary forfeiture
being issued to the owner.''
(f) To enhance protection of life and property it is mandatory that
each 406.0-406.1 MHz EPIRB be registered with NOAA before installation
and that information be kept up-to-date. Therefore, in addition to the
identification plate or label requirements contained in Sec. Sec.
2.925 and 2.926 of this chapter, each 406.0-406.1 MHz EPIRB must be
provided on the outside with a clearly discernible permanent plate or
label containing the following statement: ``The owner of this 406.0-
406.1 MHz EPIRB must register the NOAA identification code contained on
this label with the National Oceanic and Atmospheric Administration
(NOAA) whose address is: NOAA, NOAA/SARSAT Beacon Registration, E/SP3,
Federal Building 4, Room 3320, 5200 Auth Road, Suitland, MD 20746-
4304.'' Vessel owners shall advise NOAA in writing upon change of
vessel or EPIRB ownership, transfer of EPIRB to another vessel, or any
other change in registration information. NOAA will provide registrants
with proof of registration and change of registration postcards.
* * * * *
0
31. Section 80.1063 is added to read as follows:
Sec. 80.1063 Special requirements for INMARSAT-E EPIRB stations.
(a) Notwithstanding the provisions in paragraph (b) of this
section, INMARSAT-E EPIRBs must meet all the technical and performance
standards contained in IEC 61097-5 Ed. 1.0, titled ``Global maritime
and distress safety system (GMDSS)--Part 5: INMARSAT-E--Emergency
position indicating radio beacon (EPIRB) operating through the INMARSAT
system--Operational and performance requirements, methods of testing
and required test results,'' including Annexes A, B, and C, 1997. IEC
61097-5 Ed. 1.0, including Annexes A, B, and C, is incorporated by
reference (see Sec. 80.1101).
(b) Prior to submitting a certification application for an
INMARSAT-E radiobeacon, the radiobeacon must be certified by INMARSAT
as complying with IEC 61097-5 Ed. 1.0. In addition, the radiobeacon
must be tested as to compliance with the environmental and operational
requirements identified in this paragraph (b) by the test facility
which conducted the INMARSAT certification tests, or a test facility
recognized by the U.S. Coast Guard. Information regarding recognized
test facilities may be obtained from Commandant (G-MSE), U.S. Coast
Guard, 2100 2nd Street, SW., Washington, D.C. 20593-0001, http://www.uscg.mil/hq/g-m/mse/lablist/161.011.htm
.
(1) After an INMARSAT-E PIRB has been certified by the test
facility, the following information must be submitted in duplicate to
the Commandant (G-MSE), U.S. Coast Guard, 2100 2nd Street, SW.,
Washington D.C. 20593-0001:
(i) The name of the manufacturer or grantee and the model number of
the radiobeacon;
(ii) Copies of the Inmarsat certification of compliance with IEC
61097-5 Ed. 1.0;
(iii) Copies of the test report and test data obtained from the
test facility showing that the radiobeacon complies with IEC 61097-5
Ed. 1.0 and the environmental and operational requirements identified
in this paragraph (b); and
(iv) Instruction manuals associated with the radiobeacon,
description of the test characteristics of the radiobeacon including
assembly drawings, electrical schematics, description of parts list,
specifications of materials, and the manufacturer's quality assurance
program.
(2) After reviewing the information described in paragraph (c)(1)
of this section, the U.S. Coast Guard will issue a letter stating
whether the radiobeacon satisfies all of the requirements specified in
paragrpahs (a) and (b) of this section.
(c) A certification application for an INMARSAT-EPIRB submitted to
the Commission must also contain a copy of the U.S. Coast Guard letter
stating that the radiobeacon satisfies all of the requirements
specified in paragraphs (a) and (b) of this section, a copy of the
technical test data, and the instruction manual(s).
(d) The manufacturer or grantee must include with each marketable
INMARSAT-E EPIRB appropriate material for registration of the
radiobeacon with INMARSAT, along with a written warning that failure to
register the radiobeacon could delay rescue services in an emergency.
(e) To enhance protection of life and property it is mandatory that
each INMARSAT-E EPIRB be registered with INMARSAT before installation
and that information be kept up-to-date. Therefore, in addition to the
identification plate or label requirements contained in Sec. Sec.
2.925 and 2.926 of this chapter, each INMARSAT-E EPIRB must be provided
on the outside with a clearly discernable permanent plate or label
containing the following statement: ``The owner of this INMARSAT-E
EPIRB must register the NOAA identification code contained on this
label with INMARSAT at the following address: INMARSAT, 99 City Road,
London, EC1Y 1AX, United Kingdom.'' Vessel owners shall advise INMARSAT
in writing upon change of vessel or EPIRB ownership, transfer of EPIRB
to another vessel, or any other change in registration information.
(f) For INMARSAT-E EPIRBs whose identification code can be changed
after manufacture, the identification code shown on the plate or label
must be easily replaceable using commonly available tools.
0
32. Section 80.1077 is revised to read as follows:
[[Page 64679]]
Sec. 80.1077 Frequencies.
The following table describes the frequencies used in the Global
Maritime Distress and Safety System:
Alerting:
406.0-406.1 EPIRBs................. 406.0-406.1 MHz (Earth-to-
space).
1544-1545 MHz (space-to-Earth).
INMARSAT-E EPIRBs.................. 1626.5-1645.5 MHz (Earth-to-
space).
INMARSAT Ship Earth Stations 1626.5-1645.5 MHz (Earth-to-
capable of voice and/or direct space).
printing.
VHF DSC Ch. 70..................... 156.525 MHz.\1\
MF/HF DSC\2\ \11\.................. 2187.5 kHz\3\, 4207.5 kHz, 6312
kHz, 8414.5 kHz, 12577 kHz,
and 16804.5 kHz.
On-scene communications:
VHF Ch.16.......................... 156.8 MHz.
MF Radiotelephony.................. 2182 kHz.
NBDP............................... 2174.5 kHz.
Communications involving aircraft:
On-scene, including search and 156.8 MHz\4\, 121.5 MHz\5\,
rescue. 123.1 MHz, 156.3 MHz, 2182
kHz, 3023 kHz, 4125 kHz, and
5680 kHz.\6\
Locating signals:
406-406.1 EPIRB Beacons............ 121.5 MHz.
9 GHz radar transponders........... 9200-9500 MHz.
Maritime safety information (MSI):
International NAVTEX............... 518 kHz.\7\
Warnings........................... 490 kHz, 4209.5 kHz.
NBDP............................... 4210 kHz, 6314 kHz, 8416.5 kHz,
12579 kHz, 16806.5 kHz,
19680.5 kHz, 22376 kHz,
26100.5 kHz.
Satellite.......................... 1530-1545 MHz.\10\
General distress and safety
communications and calling:
Satellite.......................... 1530-1544 MHz (space-to-Earth)
and 1626.5-1645.5 MHz (Earth-
to-space).\10\
Radiotelephony..................... 2182 kHz, 4125 kHz, 6215 kHz,
8291 kHz, 12290 kHz, 16420
kHz, and 156.8 MHz.
NBDP............................... 2174.5 kHz, 4177.5 kHz, 6268
kHz, 8376.5 kHz, 12520 kHz,
and 16695 kHz.
DSC................................ 2187.5 kHz, 4207.5 kHz, 6312
kHz, 8414.5 kHz, 12577 kHz,
16804.5 kHz, and 156.525 MHz.
Survival craft:
VHF radiotelephony................. 156.8 MHz and one other 156-174
MHz frequency
9 GHz radar transponders........... 9200-9500 MHz.
\1\ Frequency 156.525 MHz can be used for ship-to-ship alerting and, if
within sea area A1, for ship-to-shore alerting.
\2\ For ships equipped with MF/HF equipment, there is a watch
requirement on 2187.5 kHz, 8414.5 kHz, and one other frequency.
\3\ Frequency 2187.5 kHz can be used for ship-to-ship alerting and, if
within sea area A2, for ship-to-shore alerting.
\4\ Frequency 156.8 MHz may also be used by aircraft for safety purposes
only.
\5\ Frequency 121.5 MHz may be used by ships for aeronautical distress
and urgency purposes.
\6\ The priority of use for ship-aircraft communications is 4125 kHz,
then 3023 kHz. Additionally, frequencies 123.1 MHz, 3023 kHz and 5680
kHz can be used by land stations engaged in coordinated search and
rescue operations.
\7\ The international NAVTEX frequency 518 kHz is the primary frequency
for receiving maritime safety information. The other frequencies are
used only to augment the coverage or information provided on 518 kHz.
\8\ [Reserved]
\9\ [Reserved]
\10\ In addition to EPIRBs, 1544-1545 MHz can be used for narrowband
distress and safety operations and 1645.5-1646.5 MHz can be used for
relay of distress alerts between satellites. Feeder links for
satellite communications are assigned from the fixed satellite
service, see 47 CFR Sec. 2.106.
\11\ Routine calling is not permitted on MF and HF DSC frequencies.
* * * * *
0
33. Section 80.1083 is amended by adding paragraphs (e) through (g) to
read as follows:
Sec. 80.1083 Ship radio installations.
* * * * *
(e) In passenger ships, a distress panel shall be installed at the
conning position. This panel shall contain either one single button
which, when pressed, initiates a distress alert using all
radiocommunications installations required on board for that purpose or
one button for each individual installation. The panel shall clearly
and visually indicate whenever any button or buttons have been pressed.
Means shall be provided to prevent inadvertent activation of the button
or buttons. If the satellite EPIRB is used as the secondary means of
distress alerting and is not remotely activated, it shall be acceptable
to have an additional EPIRB installed in the wheelhouse near the
conning position.
(f) In passenger ships, information on the ship's position shall be
continuously and automatically provided to all relevant
radiocommunications equipment to be included in the initial distress
alert when the button or buttons on the distress panel is pressed.
(g) In passenger ships, a distress alarm panel shall be installed
at the conning position. The distress alarm panel shall provide visual
and aural indication of any distress alert or alerts received on board
and shall also indicate through which radiocommunication service the
distress alerts have been received.
0
34. Section 80.1085 is amended by revising paragraph (a)(6)(i) and by
adding paragraph (d) to read as follows:
Sec. 80.1085 Ship radio equipment-General.
(a) * * *
[[Page 64680]]
(6) * * *
(i) Capable of transmitting a distress alert through the polar
orbiting satellite service operating in the 406.0-406.1 MHz band
(406.0-406.1 MHz EPIRB) of, if the ship is not operating in sea area
A4, as defined in Sec. 80.1069(a)(4), the 1.6 GHz band (INMARSAT-E
EPIRB); and
* * * * *
(d) Every passenger ship shall be provided with means for two-way
on-scene radiocommunications for search and rescue purposes using the
aeronautical frequencies 121.5 and 123.1 MHz from the position from
which the ship is normally navigated.
0
35. Section 80.1087 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 80.1087 Ship radio equipment--Sea area A1.
(a) * * *
(2) Through the polar orbiting satellite service on 406.0-406.1 MHz
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be
fulfilled by the EPIRB required by Sec. 80.1085(a)(6), either by
installing the EPIRB close to, or by allowing remote activation from,
the position from which the ship is normally navigated); or
* * * * *
0
36. Section 80.1089 is amended by revising paragraph (a)(3)(i) to read
as follows:
Sec. 80.1089 Ship radio equipment--Sea areas A1 and A2.
(a) * * *
(3) * * *
(i) Through the polar orbiting satellite service on 406.0-406.1 MHz
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be
fulfilled by the EPIRB required by Sec. 80.1085(a)(6), either by
installing the EPIRB close to, or by allowing remote activation from,
the position from which the ship is normally navigated); or
* * * * *
0
37. Section 80.1091 is amended by revising paragraph (a)(4)(i),
redesignating paragraph (b)(3)(ii) as (b)(3)(iii), and adding a new
paragraph (b)(3)(ii) to read as follows:
Sec. 80.1091 Ship radio equipment--Sea areas A1, A2, and A3.
* * * * *
(a) * * *
(4) * * *
(i) Through the polar orbiting satellite service on 406.0-406.1 MHz
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be
fulfilled by the EPIRB required by Sec. 80.1085(a)(6), either by
installing the EPIRB close to, or by allowing remote activation from,
the position from which the ship is normally navigated); or
* * * * *
(b) * * *
(3) * * *
(ii) Through the INMARSAT-E service in the 1.6 GHz band (this
requirement may be fulfilled by the EPIRB required by Sec.
80.1085(a)(6), either by installing the EPIRB close to, or by allowing
remote activation from, the position from which the ship is normally
navigated); or
* * * * *
0
38. Section 80.1093 is amended by revising paragraph (a) to read as
follows:
Sec. 80.1093 Ship radio equipment--Sea areas A1, A2, A3, and A4.
* * * * *
(a) In addition to meeting the requirements of Sec. 80.1085 of
this part, ships engaged on voyages in all sea areas must be provided
with the radio installations and equipment required by Sec.
80.1091(b), except that the equipment required by Sec.
80.1091(b)(3)(ii) and Sec. 80.1091(b)(3)(iii) cannot be accepted as an
alternative to that required by Sec. 80.1091(b)(3)(i), which must
always be provided.
* * * * *
0
39. Section 80.1101 is amended by adding a new sentence to the end of
paragraph (b) introductory text, by redesignating paragraph (c)(11) as
(c)(13) and adding new paragraphs (c)(11) and (c)(12) to read as
follows:
Sec. 80.1101 Performance standards.
* * * * *
(b) * * *
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(c) * * *
(11) INMARSAT-E EPIRBs: (i) IMO Resolution A.812(19), ``Performance
Standards for Float-Free Satellite EPIRBs Operating Through the
Geostationary INMARSAT Satellite System on 1.6 GHz,'' adopted 23
November 1995, and Annex, ``Recommendation on Performance.''.
(ii) IMO Resolution A.662(16), ``Performance Standards for Float-
Free Release and Activation Arrangements for Emergency Radio
Equipment,'' with Annex, adopted 19 October 1989.
(iii) Recommendation ITU-R M.632-3, ``Transmission Characteristics
of a Satellite Emergency Position Indicating Radio Beacon (Satellite
EPIRB) System Operating Through Geostationary Satellites in the 1.6 GHz
Band,'' 1997.
(iv) IEC 61097-5, First Edition ``Global maritime distress and
safety system (GMDSS)--Part 5: Inmarsat-E Emergency position indicating
radio beacon (EPIRB) operating through the Inmarsat system--operational
and performance requirements, methods of testing and required test
results,'' including Annexes A, B, and C, 1997.
(v) The INMARSAT E-EPIRBs must also comply with Sec. 80.1063.
(12) Automatic Identification Systems (AIS): (i) ITU-R M.1371-1,
``Technical characteristics for a universal shipborne automatic
identification system using time division multiple access in the VHF
maritime mobile band,'' with Annexes, August 2001.
(ii) IMO Resolution MSC.74(69), ``Adoption of New and Amended
Performance Standards, Annex 3 Recommendation on Performance Standards
for a Universal Shipborne Automatic Identification Systems (AIS),''
adopted 12 May 1998.
(iii) IEC 61162-1, Second Edition, ``Maritime navigation and
radiocommunication equipment and systems--Digital interfaces--Part 1:
Single talker and multiple listeners,'' July 2000.
(iv) IEC 61162-100, Edition 1.0, ``Maritime navigation and
radiocommunication equipment and systems--Digital interfaces--Part 100:
Single talker and multiple listeners--Extra requirements to IEC 61162-1
for the UAIS,'' April 2002.
(v) IEC 61993-2, First Edition, ``Maritime navigation and
radiocommunication equipment and systems--Automatic identification
systems (AIS)--Part 2: Class A shipborne equipment of the universal
automatic identification system (AIS)--Operational and performance
requirements, methods of test and required test results,'' December
2001, with Annexes.
* * * * *
0
40. Section 80.1103 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 80.1103 Equipment authorization.
* * * * *
(b) Applicants for certification must submit with their
applications measurement data sufficiently complete to ensure
compliance with the technical parameters. The application must include
the items listed in 47 CFR 2.1033. Additional measurement data or
information may be requested depending upon the equipment. For items
not listed in Sec. 2.1033 of this chapter, the applicant must attest
that the equipment complies with performance standards as specified in
Sec. 80.1101 and, where applicable, that
[[Page 64681]]
measurements have been made that demonstrate the necessary compliance.
Submission of representative data demonstrating compliance is not
required unless requested by the Commission.
(c) Applicants for verification must attest that the equipment
complies with performance standards as specified in Sec. 80.1101 and,
where applicable, that measurements have been made that demonstrate the
necessary compliance. Submission of representative data demonstrating
compliance is not required unless requested by the Commission. An
application must include the items listed in Sec. Sec. 2.953 and 2.955
of this chapter and a copy of the INMARSAT type-approval certification
indicating that equipment meets GMDSS standards and includes all
peripheral equipment associated with the specific unit under review.
* * * * *
[FR Doc. 04-23759 Filed 11-5-04; 8:45 am]
BILLING CODE 6712-01-P