[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Proposed Rules]
[Pages 4935-4940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2139]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 99-366; FCC 99-414]


Authorizing the Use of 406.025 MHz for Personal Locator Beacons 
(PLB)

AGENCY:  Federal Communications Commission.

ACTION:  Proposed rule.

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SUMMARY:  This document proposes to amend the Commission's rules to 
establish a new subpart H--Personal Locator Beacons under part 95 of 
the Commission's rules to permit the use of 406.025 MHz for PLBs. The 
action will provide individuals in remote areas a means to alert others 
of an emergency situation and help search and rescue (SAR) personnel 
locate those in distress.

DATES:  Comments must be submitted on or before February 24, 2000 and 
reply comments are due on or before March 10, 2000. Written comments by 
the public on the proposed information collection are due on or before 
March 27, 2000. Written comments must be submitted to the Office of 
Management and Budget on proposed information collections on or before 
March 27, 2000.

FOR FURTHER INFORMATION CONTACT:
     James Shaffer, Wireless Telecommunications Bureau at (202) 418-
0680.

SUPPLEMENTARY INFORMATION: 1. This is a summary of the Commission's 
Notice of Proposed Rule Making FCC 99-414, adopted on December 28, 
1999, and released on date. The full text of this Notice of Proposed 
Rule Making is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY A257, 445 12th 
Street, S.W., Washington, D.C. The complete text may be purchased from 
the Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

Summary of Notice of Proposed Rule Making

    2. On June 3, 1993, the National Oceanic and Atmospheric

[[Page 4936]]

Administration of the United States Department of Commerce (NOAA) filed 
a petition for rulemaking requesting that the Commission amend its 
rules to authorize the use of the frequency 406.025 MHz for personal 
locator beacons (406 MHz PLBs). The NOAA seeks this change in the 
Commission's rules to provide individuals in remote areas a means to 
alert others of an emergency situation and help search and rescue (SAR) 
personnel locate those in distress. The Region 20 Public Safety 
Planning Committee (Region 20) and Orbital Communications Corporation 
(ORBCOMM) filed comments supporting the use of 406.025 MHz for PLBs. 
For the reasons discussed herein, we propose to establish a new subpart 
H--Personal Locator Beacons under part 95 of the Commission's rules to 
permit the use of 406.025 MHz for PLBs.
    3. Emergency position indicating radiobeacon stations are used to 
send distress signals that alert SAR personnel. In the United States 
such beacons are named emergency locator transmitters (ELTs) when 
carried on aircraft and emergency position indicating radio beacons 
(EPIRBs) when carried on ships. ELTs and EPIRBs transmit distress 
signals on 121.500 MHz, 243.000 MHz and 406.025 MHz to the COSPAS/
SARSAT satellite system. EPIRBs and ELTs designed to transmit distress 
signals on 121.500 MHz and 243.000 MHz transmit continuous signals that 
are amplitude modulated with an audio swept tone. These stations also 
provide distress alerting and guidance (homing) assistance in emergency 
situations. EPIRBs and ELTs designed to transmit distress signals on 
406.025 MHz transmit short, digital signals to provide distress 
alerting in emergencies, and use 121.500 MHz to provide homing. The 
406.025 MHz digital signal contains information on the type of 
emergency, the country and identification code of the beacon in 
distress, and other information to facilitate SAR operations. Further, 
406 MHz distress signals can be stored on-board COSPAS/SARSAT 
satellites and then later retransmitted to a ground station thus 
eliminating the ``blind spots'' that exist with the older 121.500 MHz 
and 243.000 MHz EPIRBs and ELTs.
    4. The State of Alaska has held a developmental license to use 
Canadian-approved PLBs in Alaska since 1995. In addition to the 
authorization from the Commission, the State of Alaska has a Memorandum 
of Understanding with the NOAA, the United States Air Force Rescue 
Coordination Center, the United States Coast Guard's North Pacific 
Rescue Coordination Center, and the Alaska State Troopers, all of which 
participate in the PLB program. State and Federal agencies, as well as 
private businesses and individuals utilize the developmental program. 
During the 1997 calendar year the developmental program resulted in 28 
activations by PLB users, with only 2 ``false'' activations. It is 
believed that this developmental program has contributed to the 
efficient, timely and safe usage of SAR resources in Alaska. It is 
further believed that the statewide support of the PLB program has been 
a key to its success.
    5. In response to NOAA's petition, the Interagency Committee on 
Search and Rescue (ICSAR) formed a PLB Working Group to develop 
recommendations for PLB use generally in the United States. On 
September 21, 1995, the Working Group concluded that the federal SAR 
community should support implementation of 406 MHz PLBs and invited the 
Radio Technical Commission for Maritime (RTCM) Services to finalize the 
technical standards. On February 10, 1997, the RTCM issued final 406 
MHz PLB technical standards. Currently, there is no PLB equipment that 
is type accepted in the United States. On February 28, 1996, the ICSAR 
filed a letter supporting NOAA's petition and made several 
recommendations for implementation of 406 MHz PLBs.
    6. In the 1983 Mobile World Administrative Radio Conference for the 
Mobile Services (MOB-83), the frequency 406.025 MHz was allocated for 
the exclusive use of low-power, earth-to-space emergency position 
indicating radiobeacons. On August 24, 1988, the Commission adopted 
rules authorizing the use of this frequency for EPIRBs in the Maritime 
Radio Services. On May 3, 1993, the Commission also adopted rules 
authorizing the use of this frequency for ELTs in the Aviation Radio 
Services. As an integral part of these rule amendments, the Commission 
adopted technical standards for such radiobeacons. The Commission's 
experience to date with EPIRBs and ELTs that operate on this frequency 
has been favorable. Further, NOAA and the United States Coast Guard 
(Coast Guard) believe, based on experience gained from the State of 
Alaska developmental program, that 406 MHz distress alerting would 
benefit individual users in remote areas. Accordingly, we propose to 
amend our rules to authorize the use of 406.025 MHz for PLBs.
    7. Rule part. Currently, radio beacons authorized to operate on 
406.025 MHz are regulated in the maritime radio service rules and the 
aviation radio services rules and under parts 80 and 87 of the 
Commission's rules, 47 CFR parts 80 and 87, respectively. In these 
services, radiobeacons are associated with particular ships or aircraft 
and may be used to alert SAR resources when the ship or aircraft is in 
distress, and for no other purpose.However, the proposed new service 
using 406 MHz PLBs is intended to satisfy the individual distress 
alerting needs of the general public. Region 20 recommends, that, to 
provide service to a broad range of users the Commission regulate the 
use of PLBs under the Personal Radio Service rules, part 95 of the 
Commission's rules, 47 CFR part 95. We agree and therefore we propose 
to establish a new subpart H--Personal Locator Beacons (PLB) under part 
95 of the Commission rules.
    8. License Requirement. The ICSAR recommends that access to 406 MHz 
PLBs should be restricted. It notes that there are individuals states, 
such as Alaska, which desire and are willing to accept responsibility 
by managing a 406 MHz PLB program. It therefore recommends that 
individual state authorities be allowed to choose to be authorized by 
the Commission as PLB program manager. Under such an approach, a state 
would manage the use of 406 MHz PLBs within its geographical boundaries 
and be responsible for designating a single point of contact for 
receiving and responding to 406 MHz PLB distress alerts relayed by 
NOAA. States and their points of contact for NOAA would enter into 
Memorandum of Understanding with NOAA, the United States Air Force 
Resource Coordination Center, and the appropriate United States Coast 
Guard's Rescue Coordination Center for coordinating response to the 
distress alert. For those choosing not to be authorized by the 
Commission or to designate of a single point of contact for NOAA, the 
ICSAR recommends that land-based distress alerts, including new 406 MHz 
PLB alerts, continue to be handled under current procedures. The 
current procedures for alerts replayed by NOAA are that with prior 
coordination and mutual agreement, land-based alerts are replayed by 
the Untied States Air Force Rescue Coordination Center to points of 
contract designated by the state. We seek comment on this approach.
    9. Because of the proposed broad eligibility and operational 
provisions for PLBs, recognized that there are millions of potential 
users. We believe that individually licensing each one would be 
unnecessary burdensome on the Commission without concomitant public 
interest benefit. Notably, on October 18, 1996, the Commission decided 
to license EPIRBs and ELTs by

[[Page 4937]]

rule, which eliminated individual licenses. We note, however, that the 
current ELT/EPIRB system has been designed specifically to handle 
aircraft and ships in distress rather than to accommodate the general 
public. We are concerned that the addition of a large number of users, 
especially users unfamiliarly with the use of radio, could hamper the 
present system. For these reasons, we agree with the ICSAR that 
individual 406 MHz PLBs should be authorized by rule. We also agree 
with the ICSAR that a state-managed PLB program could provide for more 
effective, efficient and timely management of 406 MHz OLB alerts. 
Therefore, we seek comment on the following issues:
    (a) Whether PLB management by individual states will foster 
sufficiently effective SAR service?
    (b) Should individual states be granted an authorization, and if 
so, whether states have the policy and technical expertise to implement 
the ICSAR recommended state authorization Plan? We are particularly 
interested in comment from the individual states regarding this matter 
because no state has requested state licensing.
    (c) If individual states are licensed, what should be the process 
and procedures by which such licenses are granted. Specifically, should 
the authorizations be granted to the Governor, or an agency/
organization designated by the Governor? We also seek comment on 
whether any relevant differences in structures of various state 
governments would affect the licensing of states.
    (d) Other flexible licensing approaches that might promote the 
efficient and controlled use of 406 MHz PLBs.
    10. Currently, NOAA administers and maintains a database for 406 
MHz EPIRBs and ELTs that contain more than 50,000 unique identification 
codes and registration information for these beacons. We note that 
registration by EPIRB and ELT beacon owners in this database currently 
is mandatory, as well as strongly encouraged through education programs 
by the Coast Guard and NOAA. Manufacturers are required, by rule, to 
program into each EPIRB or ELT a unique code and provide an equipment 
plate or label on each 406 MHz EPIRB or ELT displaying the unique NOAA 
identification code and registration instructions. Manufacturers must 
also include a pre-paid, pre-addressed post card soliciting the owner's 
name and address, telephone number, the type of ship or aircraft and 
the unique identification code for registration in NOAA's database. It 
is our understanding that when the distress signal is relayed to a 
rescue coordination center the registration information is available to 
SAR personnel. With respect to registration with NOAA, we propose to 
treat 406 MHz PLBs in the same manner that we treat 406 MHz EPIRBs or 
ELTs. We proposed to require manufacturers to program each 406 MHz PLB 
with a unique code and to provide on each 406 MHz PLB a plate or label 
containing the registration instructions. Additionally, we propose to 
require manufacturers to include with each marketed 406 MHz PLB a pre-
addressed post card soliciting the name, address, telephone number, and 
identification code of the owner for registration in NOAA's database. 
We invite comment on these proposals and any alternatives thereto.
    11. We propose that 406 MHz PLBs be required to comply with the 
technical standards in the Radio Technical Commission for Maritime 
(RTCM) Service document RTCM Recommended Standards for 406 MHz 
Satellite Personal Locator Beacons (PLBs). Accordingly, we propose to 
incorporate the RTCM technical standards by reference in part 95 of our 
rules. We seek comment on this proposal. We also seek comment on the 
following issues:
    (a) Are there applicable international requirements not covered in 
RTCM's technical standards?
    (b) Should PLBs capable of operating on 406.025 MHz be certified as 
meeting COSPASS/SARSAT standards by an independent laboratory as is 
required for 406.025 MHz EPIRBs or is the Commission's certification 
process sufficient?
    12. The 406 MHz PLB is primarily intended to provide a distress and 
alerting capacity for use by the general public in life threatening 
situations in a remote environment after all other means of notifying 
SAR responders (e.g., telephone, radio) have been exhausted. 
Accordingly, we have proposed to establish a new Subpart H--Personal 
Locator Beacons (PLB) under part 95 of the Commission rules to permit 
the use of 406.025 MHz for personal locator beacons. Further, we have 
proposed to license individual 406 MHz PLBs by rule and require 
registration of 406 MHz PLB with NOAA. We believe that these proposals 
further the public interest because they are aimed at facilitating the 
use of radio spectrum to increase safety of the general public.

Procedural Matters

    13. Ex Parte Presentations. This Notice of Proposed Rule Making is 
a permit-but-disclose notice and comment rule making proceeding. Ex 
parte presentations are permitted, provided they are disclosed as 
provided in Commission rules.
    14. Pleading Dates. Pursuant to Secs. 1.415 and 1.419 of the 
Commission's rules, interested parties may file comments on or before 
March 3, 2000, and reply comments on or before March 3, 2000. Comments 
may be filed using the Commission's Electronic Comment Filing System 
(ECFS) or by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
    15. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form your e-mail address>.'' A sample form and directions will be sent 
in reply.
    16. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear in the captain of this proceeding, commenters must submit 
two additional copies for each additional docket or rulemaking number. 
All filing must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission 445 
12th Street, SW., Room TW-B204, Washington, DC 20554.
    17. Parties who choose to file the paper should also submit their 
comments on diskette. These diskettes should be submitted to: Policy 
and Rules Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554. 
Such a submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WordPerfect 5.1 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only''

[[Page 4938]]

mode. The diskette should be clearly raveled with the commenter's name, 
proceeding (including the docket number in this case, type of pleading 
(comment or reply comment), date of submission, and the name of the 
electronic file on the diskette. The label should also include the 
following phrase: ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, preferably in a single electronic 
file. In addition, commenters must send diskette copies to the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW., Washington, DC 20037.
    18. Paperwork Reduction Analysis. The Notice of Proposed Rule 
Making contains proposed information collections and as part of its 
continuing effort to reduce paperwork burdens, the Commission invites 
the general public to take this opportunity to comment on the 
information collections as required by the Paperwork Reduction Act of 
1995, Public Law No. 104-13. Public and Agency comments on the 
information collections contained in the Notice of Proposed Rule Making 
are March 27, 2000. These comments should be submitted to Judy Boley, 
Federal Communications Commission, Room 1C804, 445 12th Street, SW., 
Washington, D.C. 20554, or via the Internet to [email protected]. 
Furthermore, a copy of any such comments should be submitted to Timothy 
Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW., Washington, 
DC 20503 or via the Internet at [email protected].
    19. As required by the Regulatory Flexibility Act, the Commission 
has prepared an Initial Regulatory Flexibility Analysis of the possible 
impact on small entities of the proposals suggested in the Notice of 
Proposed Rule Making. Written public comments are requested on the 
Initial Regulatory Flexibility Analysis. These comments must be filed 
in accordance with the same filing deadlines as comments on the rest of 
this Notice but they must have a separate and distinct heading 
designating them as responses to the Initial Regulatory Flexibility 
Analysis. The Office of Public Affairs, Reference Operations Division, 
will send a copy of this Notice of Proposed Rule Making, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in the present, Notice of Proposed Rule 
Making (Notice). Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Notice as provided above in the 
Procedural Matters section of this Notice of Proposed Rule Making. The 
Commission will send a copy of the Notice, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. See 
U.S.C. 603(a). In addition, the Notice and IRFA (or summaries thereof) 
will be published in the Federal Register. See id.

I. Need for, and Objectives of, the Proposed Rules

    1. In the Notice herein, we are proposing to authorize the use of 
the frequency 406.025 MHz for personal locator beacons (PLBs) to 
provide individuals in remote areas a means to alert others of an 
emergency situation and help search and rescue personnel locate those 
in distress.

II. Legal Basis

    2. The proposed action is authorized under sections 4(i), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303(r).

III. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    3. Under the RFA, small entities may include small organizations, 
small businesses, and small governmental jurisdictions. 5 U.S.C. 
601(6). The RFA, 5 U.S.C. 601(3), generally defines the term ``small 
business'' as having the same meaning as ``small business concern'' 
under the Small Business Act, 15 U.S.C. 632. A small business concern 
is one which: (1) Is independently owned and operated; (2) is not 
dominant in its field of operation; and (3) satisfies any additional 
criteria established by the Small Business Administration (``SBA''). 
Pursuant to 5 U.S.C. 601(3), the statutory definition of a small 
business applies ``unless an agency after consultation with the Office 
of Advocacy of the SBA and after opportunity for public comment, 
establishes one or more definitions of such term which are appropriate 
to the activities of the agency and publishes such definition(s) in the 
Federal Register.''
    4. The rules proposed in this Notice will affect small businesses 
that manufacturer, design, import, sell, or use radiobeacon equipment 
designed for distress alerting and location. PLBs will be used to 
provide a distress and alerting capacity for use by the general public 
in a life threatening condition in a remote environment after all other 
means of notifying search and rescue responders have been used. These 
beacons will be manufactured, designed, imported and sold by companies 
of all sizes operating in the U.S. We concluded that these small 
businesses are classified in Communications Equipment, N.E.C., 
(Standard Identification Code 3669) as entities employing less than 750 
employees as defined in 13 CFR 121.201. The size data provided by the 
SBA shows that 469 firms out of 498 firms in the Communications 
Equipment, NEC classification have less than 750 employees but did not 
enable us to make a meaningful estimate of the number of potential 
manufacturers which are small businesses. Therefore, in this IRFA, we 
seek comment on the number of small businesses which could be impacted 
by the proposed rule changes.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    5. The Notice proposes a number of rules that will entail 
reporting, recordkeeping, and/or third party consultation. However, the 
commission believes that these requirements are the minimum needed. The 
Notice ask for comment whether to require mandatory registration of PLB 
radiobeacons and on alternative licensing methods for PLBs. The 
licensing methods under consideration in the Notice include the 
possibility of imposing recordkeeping and reporting requirements on 
applicants for PLB licenses. These entities will be required to submit 
applications for spectrum licenses on FCC Form 601.

V. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    6. We have reduced economic burdens wherever possible. This item 
seeks comment on whether we should license the PLBs directly to each 
state or in some other manner to meet concerns for controlled use of 
the radiobeacons, and contains proposals for meeting technical 
standards. This approach will allow the states to help manage its 
terrestrial search and rescue resources and assure that these 
radiobeacons will operate properly thus enhancing protection of life 
and property.
    7. To minimize any negative impact resulting from the 
implementation of licensing, we have offered the option of

[[Page 4939]]

utilizing the existing procedures which is, with prior coordination and 
mutual agreement, land-based alerts being relayed by the United States 
Air Force Rescue Coordination Center to a point of contact designated 
by the state.
    8. We seek comments on these tentative conclusions.

VI. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    9. None.

Paperwork Reduction Act Analysis

    This Notice of Proposed Rulemaking proposed information collection. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collections contained in this Notice of Proposed Rulemaking as required 
by the Paperwork Reduction Act of 1995, Public Law No. 104-13. Public 
and agency comments are March 27, 2000. Comments should address: (a) 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the quality, utility, and clarity of the information collected; and 
(d) ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    OMB Approval Number: 3060-XXXX.
    Title: 406 MHz Personal Locator Beacons (Proposed WT Docket No. 99-
366).
    Form No: Not applicable.
    type of Review: New collection.
    Respondents: State, local or tribal government.
    Number of Respondents: 1050.
    Estimated time per response: .5 hour.
    Total annual burden: 525 hours.
    Total annual cost: None.
    Needs and Uses: The need for the proposed collection under 
consideration in the Notice of Proposed Rule Making is to require 
individuals register data with the National Oceanic and Atmospheric 
Administration and gather data for licensing entities. The registration 
information would be made available to search and rescue personnel to 
assist in locating a lost individual, and the licensing information 
would be used to determine whether the applicant is legally and 
technically qualified to be licensed.

Ordering Clauses

    20. authority for issuance of this Notice of Proposed Rulemaking is 
contained in sections 4(i), 4(j), 303(r), and 403 of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 403.
    21. Notice is hereby given and comments is sought on the proposed 
regulatory changes described in the Notice of Proposed Rulemaking.
    22. It is further ordered that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of the Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects 47 CFR Part 95

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 95 as follows:

PART 95--PERSONAL RADIO SERVICES

    1. The authority citation for part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303. 2. Part 95 is amended by adding subpart H to read 
as follows:

Subpart H--Personal Locator Beacons (PLB)

General Provisions


Sec. 95.1201  Basis and purpose.

Sec. 95.1203  Frequency.
Sec. 95.1205  Special requirements for 406.025 MHz PLBs

Subpart H--Personal Locator Beacons (PLB).


Sec. 95.1201  Basis and purpose.

    The rules in this subpart are intended to provide individuals in 
remote areas a means to alert others of an emergency situation and to 
aid search and rescue personnel locate those in distress.


Sec. 95.1203  Frequency.

    The frequency 406.025 MHz is an emergency and distress frequency 
available for use by Personal Locator Beacons (PLBs). Personal Locator 
Beacons that transmit on the frequency 406.025 MHz must use G1D 
emission. Use of this frequency must be limited to transmission of 
distress and safety communications.


Sec. 95.1205  Special requirements for 406.025 MHz PLBs.

    (a) All 406.025 MHz PLBs must meet all the technical and 
performance standards contained in the Radio Technical Commission for 
Maritime (RTCM) Service document ``RTCM Recommended Standards for 406 
MHz Satellite Personal Locator Beacons (PLBs), Version 1.0, RTCM Paper 
5-97/SC110-STD, dated February 10, 1997. This RTCM document is 
incorporated by reference in accordance with 5 U.S.C. 552(a), and 1 CFR 
part 51. Copies of the document are available and may be obtained from 
the Radio Technical Commission on Aeronautics, One McPherson Square, 
1425 K Street NW., Washington, DC 20005. The document is available for 
inspection at Commission headquarters at 445 12th Street, Washington, 
DC 20554. Copies may also be inspected at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
    (b) The 406.025 MHz PLB must contain, as an integral part, a homing 
beacon operating only on 121.500 MHz that meets all the requirements 
described in the RTCM Recommended Standards document described in 
paragraph (a) of this section. The 121.500 MHz homing beacon must have 
a continuous duty cycle that may be interrupted only during the 
transmission of the 406.025 MHz signal.
    (c) Before a 406.025 MHz PLB certification application is submitted 
to the Commission, the applicant must have obtained certification from 
a test facility, recognized by one of the COSPAS/SARSAT Partners, that 
the PLB satisfies the standards contained in the COSPAS/SARSAT document 
COSPAS/SARSAT 406 MHz Distress Beacon Type Approval Standard (C/S 
T.007).
    (d) The procedures for obtaining a grant of notification of 
certification from the Commission are contained in subpart J of part 2 
of this chapter.
    (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 PLB unit to establish a unique identification for each PLB 
station. With each marketable PLB unit, the manufacturer or grantee 
must include a postage pre-paid registration card printed with the PLB 
identification code addressed to: NOAA/NESDIS, SARSAT Operations 
Division, E/SP3, Federal Building 4, Washington, DC 20233. The 
registration card must request the owner's name, address, telephone 
number, alternate emergency contact and include the

[[Page 4940]]

following statement: ``WARNING--failure to register this PLB with NOAA 
could result in a monetary forfeiture order being issued to the 
owner.''
    (f) To enhance protection of life and property it is mandatory that 
each 406.025 MHz PLB be registered with NOAA and that information be 
kept up-to-date. In addition to the identification plate or label 
requirements contained in Secs. 2.925 and 2.926 of this chapter, each 
406.025 MHz PLB must be provided on the outside with a clearly 
discernable permanent plate or label containing the following 
statement: ``The owner of this 406.025 MHz PLB must register the NOAA 
identification code contained on this label with the National Oceanic 
and Atmospheric Administration (NOAA) whose address is: NOAA, NOAA/
SARSAT Operations Division, E/SP3, Federal Building 4, Washington, DC 
20233.'' Owners shall advise NOAA in writing upon change of PLB 
ownership, or any other change in registration information. NOAA will 
provide registrants with proof of registration and change of 
registration postcards.
    (g) For 406.025 MHz PLBs with identification codes that can be 
changed after manufacture, the identification code shown on the plate 
or label must be easily replaceable using commonly available tools.

[FR Doc. 00-2139 Filed 2-1-00; 8:45 am]
BILLING CODE 6712-01-M