[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Proposed Rules]
[Pages 35086-35091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12430]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[WT Docket No. 00-48; FCC 02-102; RM-9499]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission solicits comment on the 
Commission's Rules regarding Maritime Communications. These comments 
will aid the Commission in establishing rules to further the 
implementation of the Global Maritime Distress and Safety System 
(GMDSS) and continue the process of streamlining, consolidating and 
revising domestic maritime radio regulations. In addition, the comments 
will aid the Commission in understanding the impact the proposed 
changes may have on the maritime community, including vessel operators, 
manufacturers of marine radio equipment, and commercial radio operator 
licensees. The comments will provide the Commission with feedback that 
will allow it to better craft rules that will enhance safety while at 
the same time avoiding the imposition of unnecessary or unwarranted 
burdens on regulated entities.

DATES: Written comments are due on or before August 15, 2002 and reply 
comments are due on or before September 16, 2002.

ADDRESSES: Commission's Secretary, Marlene H. Dortch, Office of the 
Secretary, Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554. Filings can be sent first class by the US Postal 
Service, by an overnight courier or hand and messenger-delivered. Hand 
and message-delivered paper filings must be delivered to 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. Overnight 
courier (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, [email protected], or 
Ghassan Khalek, [email protected], Policy and Rules Branch, Public Safety 
and Private Wireless Division, Wireless Telecommunications Bureau, 
(202) 418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Further Notice of Proposed Rule Making, FCC 
02-102, adopted on March 27, 2002, and released on April 9, 2002. 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: 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 [email protected].
    1. In this Further Notice of Proposed Rule Making, we solicit 
comment on whether we should: (1) Establish a voluntary restricted 
GMDSS license or take other measures to address the needs of 
recreational vessel operators; (2) clarify or change the safety watch 
obligations of public coast stations; (3) permit unattended operation 
of non-DSC equipment; (4) prohibit ship stations from including any 
device capable of transmitting on a distress frequency without 
regulatory authorization; (5) delete any existing emission classes; (6) 
permit the use of Channels 75 and 76 for navigation-related port 
operations, subject to specified power limits, and also require that 
transmitters operating on such channels be limited to the specified 
power limits, with no manual override capability; (7) codify in the 
Rules the RTCM's Recommended Practices for DSC equipment; (8) revise 
our radiotelephone and radiotelegraph distress call and message 
transmission procedures to incorporate DSC and GMDSS procedures; (9) 
authorize the use of INMARSAT-E EPIRBs by U.S. vessels operating solely 
within the INMARSAT coverage footprint; (10) require that small 
passenger vessels be outfitted with DSC equipment; (11) mandate that, 
on passenger ships, at least one qualified person be assigned to 
perform only radio communications duties during distress situations; 
and (12) incorporate additional SOLAS requirements for equipment in 
Subpart W. We also seek comment on issues pertaining to e-mail 
requests, Part 80 tables of frequencies, GMDSS radio operator 
examination requirements, and Part 80 cross-references to Part 2 of the 
Rules.

I. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding

    2. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in our 
Rules.

B. Comment Dates

    3. Pursuant to Sec. 1.415 and 1.419 of our Rules, 47 CFR 1.415, 
1.419, interested parties may file comments on or before August 15, 
2002 and reply comments on or before September 16, 2002. Comments may 
be filed using the Commission's Electronic Filing System (ECFS) or by 
filing paper copies.
    4. 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,

[[Page 35087]]

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 .'' A sample form 
and directions will be sent in reply. 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 appears in the caption of this 
proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number. All filings must be addressed 
to the Commission's Secretary, Marlene H. Dortch, Office of the 
Secretary, Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554. Filings can be sent first class by the U.S. 
Postal Service, by an overnight courier or hand and message-delivered. 
Hand and message-delivered paper filings must be delivered to 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. Overnight 
courier (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
    5. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Jeffrey 
Tobias, Esq., Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, 445 12th St., SW., Room 2-C828, Washington, 
DC 20554. Such a submission should be on a 3.5 inch diskette formatted 
in an IBM compatible format using Microsoft Word 97 or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the commenter's name, proceeding (including the 
lead docket number in this case, WT Docket No. 00-48), 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 should send diskette copies to the 
Commission's copy contractor, Qualex International, Inc., 445 12th 
Street, SW., Room CY-B402, Washington, D.C. 20054.

C. Paperwork Reduction Act

    6. This Further Notice of Proposed Rule Making does not contain any 
new or modified information collection.

II. Initial Regulatory Flexibility Analysis

    7. 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 of the policies and rules proposed in the Further Notice of 
Proposed Rule Making in WT Docket No. 00-48 (FNPRM). 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 FNPRM as provided in paragraph 142 of the item. The Commission 
will send a copy of the FNPRM, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. In addition, 
the FNPRM and IRFA (or summaries thereof) will be published in the 
Federal Register.

A. Need for, and Objectives of, the Proposed Rules:

    8. The proposed rules in the FNPRM 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. In the FNPRM, we request comment specifically 
on whether we should: (1) Establish a voluntary restricted GMDSS 
license or take other measures to address the needs of recreational 
vessel operators; (2) clarify or change the safety watch obligations of 
public coast stations; (3) permit unattended operation of non-DSC 
equipment; (4) prohibit ship stations from including any device capable 
of transmitting on a distress frequency without regulatory 
authorization; (5) delete any existing emission classes; (6) permit the 
use of Channels 75 and 76 for navigation-related port operations, 
subject to specified power limits, and also require that transmitters 
operating on such channels be limited to the specified power limits, 
with no manual override capability; (7) codify in the Rules the RTCM's 
Recommended Practices for DSC equipment; (8) revise our radiotelephone 
and radiotelegraph distress call and message transmission procedures to 
incorporate DSC and GMDSS procedures; (9) authorize the use of 
INMARSAT-E EPIRBs by U.S. vessels operating solely within the INMARSAT 
coverage footprint; (10) require that small passenger vessels be 
outfitted with DSC equipment; (11) mandate that, on passenger ships, at 
least one qualified person be assigned to perform only radio 
communications duties during distress situations; and (12) incorporate 
additional SOLAS requirements for equipment in Subpart W. We also seek 
comment on issues pertaining to e-mail requests, Part 80 tables of 
frequencies, GMDSS radio operator examination requirements, and Part 80 
cross-references to Part 2 of the Rules.

B. Legal Basis

    9. Authority for issuance of this item is contained in Sections 
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303(r) and 403.

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

    10. Under the RFA, small entities may include small organizations, 
small businesses, and small governmental jurisdictions, or entities. 
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 generally 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 that: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA. Pursuant to 5 
U.S.C. Sec. 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.''
    11. Small businesses in the aviation and marine radio services use 
a marine very high frequency (VHF) radio, any type of emergency 
position indicating radio beacon (EPIRB) and/or radar, a VHF aircraft 
radio, and/or any type of emergency locator transmitter (ELT). The 
Commission has not developed a definition of small entities 
specifically

[[Page 35088]]

applicable to these small businesses. For purposes of this IRFA, 
therefore, the applicable definition of small entity is the definition 
under the SBA rules applicable to radiotelephone (wireless) 
communications. This definition is that a ``small entity'' for purposes 
of public coast station licensees, a subgroup of marine radio users, is 
any entity employing 1,500 of fewer persons. 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 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 12 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 
will be affected. We invite comment on whether this is the correct 
definition to use in this context.
    12. The proposed amendments may also affect small businesses that 
manufacture marine radio equipment. The Commission has not developed a 
definition of small entities applicable to Radio Frequency Equipment 
Manufacturers (RF Manufacturers). Therefore, the applicable definition 
of small entity is the definition under the SBA rules applicable to 
manufacturers of ``Radio and Television Broadcasting and Communications 
Equipment.'' According to the SBA regulations, an RF manufacturer must 
have 750 or fewer employees in order to qualify as a small business. 
Census Bureau data indicate that there are 858 companies in the United 
States that manufacture radio and television broadcasting and 
communications equipment, and that 778 of these firms have fewer than 
750 employees and would be classified as small entities. Some of the 
companies that manufacture RF equipment may qualify as small entities. 
We invite comment on whether this is the correct definition to use in 
this context.

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

    13. The FNPRM seeks comment on a number of possible rule changes 
that may affect reporting, recordkeeping and other compliance 
requirements.
    14. The FNPRM seeks comment on a proposal by the USCG to require 
any coast station operating on Channel 70 to answer a distress call on 
Channel 70 if a USCG station does not or cannot answer such a call 
within the required time. We ask that commenters provide information on 
the economic impact of such a requirement on public coast stations.
    15. The Further Notice seeks comment on a proposal by the USCG to 
amend 47 CFR 80.203 to bar ship stations from including any device 
capable of transmitting on a distress frequency without regulatory 
authorization. We invite comment specifically on the impact such a rule 
change may have on manufacturers.
    16. The FNPRM seeks comment on USCG proposals to make Channels 75 
and 76 available for navigation-related port operations, including a 
proposal to amend 47 CFR 80.215(g)(3) to require that transmitters 
reduce the carrier power to one watt or less when tuned to Channel 75 
or 76, with no manual override capability. We ask commenters to address 
the impact such a rule change would have on manufacturers. We ask 
specifically whether all new radios should be required to have the two 
new channels, and request suggestions on appropriate grandfathering 
clauses, should the new transmitter power and channel addition 
proposals be implemented.
    17. The FNPRM seeks comment on a USCG proposal to incorporate in 47 
CFR 80.225 the RTCM Special Committee's Recommended Practices for 
Digital Selective Calling Equipment Design and Implementation. We note 
that this change would affect manufacturers of basic selective calling 
equipment as well as digital selective calling equipment, and ask 
commenters to address whether and, if so, to what extent existing 
equipment should be grandfathered if this proposal is adopted.
    18. The FNPRM seeks comment on a proposal to amend 47 CFR 80.905(a) 
to require that the VHF and MF radios mandated by that rule be DSC-
equipped. We observe that this is a major change that would affect 
numerous passenger ships, and express concern over the propriety of 
such a rule change given that DSC is GMDSS equipment, and small 
passenger vessels are not covered by our GMDSS rules.
    19. The FNPRM seeks comment on a USCG proposal to further amend 47 
CFR 80.905(a) to mandate that newly fitted SSB radios required of ships 
operating over one hundred nautical miles from shore be DSC-equipped in 
accordance with ITU-R Rec. (series) M.493. It also seeks comment on a 
related Task Force recommendation to prohibit vessels operating over 
two hundred nautical miles from shore from using an SSB radio in lieu 
of the HF-DSC channels prescribed for GMDSS. We seek further comment on 
these changes for the same reasons applicable to our Sec. 80.905(a) 
proposal discussed in the preceding paragraph.
    20. The FNPRM seeks comment on a proposal to further amend 47 CFR 
80.905(a) to specify 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 ship earth stations 
authorized under this section to INMARSAT A (existing units only), B, C 
or M. It also seeks comment on a USCG proposal to amend 47 CFR 
80.905(a) to revise the requirements regarding testing of battery 
chargers and updating of position information applicable to vessels 
required to carry SSB radios. We seek public comment on these 
proposals, particularly with respect to their potential impact on small 
passenger vessels.
    21. The FNPRM seeks comment on proposals to amend 47 CFR 80.1073, 
80.1083, and 80.1085 to incorporate additional GMDSS requirements for 
passenger ships. These proposed rule changes pertain to the 
availability of GMDSS radio operators in cases of distress, the 
installation and operation of distress panels, and equipment that can 
be used for two-way search and rescue purposes on the aeronautical 
frequencies 121.5 MHz and 123.1 MHz. Comment is invited on all aspects 
of these proposals, including the economic impact, if any, on small 
entities.
    22. Finally, commenters are asked to identify any other proposed or 
discussed rule changes in the FNPRM that may have a significant 
economic impact on a substantial number of small entities.

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

    23. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.

[[Page 35089]]

    24. The FNPRM solicits comment on a variety of alternatives set 
forth herein that fit into one or more of the above categories. For 
example, we ask commenters to consider whether we should provide 
grandfathering protection if we adopt certain of the proposed 
requirements, and thereby relieve either all affected entities or 
affected small entities of the burdens that would attend immediate 
implementation of the requirements with no transitional period. We ask 
if existing transmitters should be grandfathered from requirements, if 
adopted, that transmitters be capable of operating on Channels 75 and 
76 and that transmitters reduce the carrier power to one watt or less 
when tuned to those channels, with no manual override capability. We 
also ask if existing digital selective calling equipment should be 
grandfathered with respect to a requirement, if adopted, to incorporate 
the RTCM Special Committee's Recommended Practices for Digital 
Selective Calling Equipment Design and Implementation.
    25. In addition, we hereby invite commenters to address the 
possibility of exempting certain entities, particularly small entities, 
from some of the proposed requirements. For example, we seek comment on 
whether the proposed amendment of 47 CFR 80.225 should apply to 
manufacturers of basic selective calling equipment as well as 
manufacturers of digital selective calling equipment. We also question 
whether small passenger vessels should be exempt from the DSC 
requirements that would otherwise apply to them by virtue of the 
proposed amendment of 47 CFR 80.905(a). More broadly, commenters may 
suggest, with respect to any entities, including small entities, 
exemptions from any of the requirements proposed or discussed in the 
FNPRM.
    26. Further, the proposed requirements for new equipment generally 
take the form of performance standards rather than design standards, 
and therefore confer on smaller entities the flexibility to select the 
most economical design that can achieve the required performance. For 
example, the RTCM standards for digital selective calling equipment 
that we propose to incorporate in 47 CFR 80.225 mandate certain 
functionality for digital selective calling equipment but do not 
mandate that manufacturers design their equipment in any particular way 
in order to achieve that functionality. In a similar vein, the proposed 
requirements for INMARSAT-E EPIRBs are framed strictly in terms of 
performance standards.
    27. We hereby invite interested parties to address any or all of 
these regulatory alternatives and to suggest additional alternatives to 
minimize any significant economic impact on small entities. Any 
significant alternative presented in the comments will be considered.

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

    28. None.

III. Ordering Clauses

    29. Pursuant to Sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r) and 
403, this Further Notice of Proposed Rule Making is hereby adopted, and 
Notice is hereby given of the proposed regulatory changes described in 
the Further Notice of Proposed Rule Making and contained in Rule 
Changes.
    30. The Commission will send a copy of this Further Notice of 
Proposed Rule Making, including a copy of the Final Regulatory 
Flexibility Certification and a copy of this Initial Regulatory 
Flexibility Analysis, in a report to Congress pursuant to the 
Congressional Review Act. In addition, this Further Notice of Proposed 
Rule Making, Final Regulatory Flexibility Certification and Initial 
Regulatory Flexibility Analysis will be sent to, the Chief Counsel for 
Advocacy of the Small Business Administration, and will be published in 
the Federal Register.
    31. The Commission's Consumer Information Bureau, Reference 
Information Center, SHALL SEND a copy of this Further Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 80

    Communications equipment, Marine safety, Radio, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 80 as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

    1. 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.

    2. Section 80.225 is amended by revising paragraph (a) to read as 
follows:


Sec. 80.225  Requirements for selective calling equipment.

* * * * *
    (a) DSC equipment voluntarily installed in coast or ship stations 
must meet either the requirements of ITU-R Recommendation 493-10 
(including only equipment classes A, B, D, and E) or RTCM Paper 56-95/
SC101-STD. DSC equipment must not be used with the sensors referred to 
in Sec. 80.179(e)(2). DSC equipment used on compulsorily fitted ships 
must meet the requirements contained in subpart W for GMDSS. All DSC 
equipment must:
    (1) Allow the operator to disable any automatic radiotelephone 
channel switching function;
    (2) Allow the operator the option of manually acknowledging any 
call;
    (3) Not allow the automatic composition of a distress relay alert 
whose acknowledgment had already been received;
    (4) Automatically erase any position information not updated for 
more than 23 \1/2\ hours;
    (5) Explicitly prohibit the offering of wrong identities in relay 
messages;
    (6) Ensure that default selections in a displayed menu requesting 
input, when allowed, should at a minimum follow ITU-R Recommendation 
M.541-8. A default selection shall never cause an improper or illegal 
operation.
* * * * *
    3. 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.)

[[Page 35090]]



                                       Frequencies in the 156-162 MHz band
----------------------------------------------------------------------------------------------------------------
                                                      Carrier      Carrier
                                                     frequency    frequency   Points of communication (Intership
                Channel designator                   (MHz) Ship  (MHz) Coast   and between Coast and ship unless
                                                      transmit     transmit          otherwise indicated)
----------------------------------------------------------------------------------------------------------------
Port Operations
    01A1..........................................      156.050      156.050
    63A1..........................................      156.175      156.175
    05A2..........................................      156.250      156.250
    65A...........................................      156.275      156.275
    66A...........................................      156.325      156.325
    123...........................................      156.600      156.600
    73............................................      156.675      156.675
    143...........................................      156.700      156.700
    74............................................      156.725      156.725
    7518..........................................      156.775      156.775
    7618..........................................      156.825      156.825
    774...........................................      156.875    Intership
                                                                       only.
    20A12.........................................      157.000  ...........  Intership only.
Navigational (Bridge-to-Bridge)5
    136...........................................      156.650      156.650
    677...........................................      156.375      156.375
Commercial
    01A1..........................................      156.050      156.050
    63A1..........................................      156.175      156.175
    07A...........................................      156.350      156.350
    677...........................................      156.375  ...........  Intership only.
    08............................................      156.400  ...........  Intership only.
    09............................................      156.450      156.450
    10............................................      156.500      156.500
    113...........................................      156.550      156.550
    18A...........................................      156.900      156.900
    19A...........................................      156.950      156.950
    79A...........................................      156.975      156.975
    80A...........................................      157.025      157.025
    88A8..........................................      157.425  ...........  Intership only.
    7214..........................................      156.625  ...........  Intership only.
Digital Selective Calling
    7015..........................................      156.525      156.525
Noncommercial
    6817..........................................      156.425      156.425
    0916..........................................      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  Great Lakes only.
    6714..........................................      156.375  ...........  Intership only.
Distress, Safety and Calling
    16............................................      156.800      156.800
Intership Safety
    06............................................      156.300  ...........  Intership, or b. For SAR: Ship and
                                                                               aircraft for the U.S. Coast
                                                                               Guard.
Environmental
    1513..........................................  ...........      156.750  Coast to ship only.
Maritime Control
    179,10........................................      156.850      156.850
Liaison and Safety Broadcasts, U.S. Coast Guard
    22A11.........................................      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.
----------------------------------------------------------------------------------------------------------------
1156.050 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.
2156.250 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.
3156.550 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.

[[Page 35091]]

 
4Use 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.
5156.375 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.
6On 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.
7Use 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.
8Within 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.
9When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training
  exercises conducted by state or local governments.
10The 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.
11The 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.
12The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications.
13Available 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.
14Available only in the Puget Sound and the Strait of Juan de Fuca.
15The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital selective
  calling techniques. No other uses are permitted.
16The 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.
17The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions
  as well as voice communications.
18The 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.

* * * * *
    4. Section 80.1083 is amended by adding a new paragraph (d) to read 
as follows:


Sec. 80.1083  Ship radio installations.

* * * * *
    (d) In passenger ships,
    (1) A distress panel must 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 must clearly and visually indicate whenever any 
button or buttons have been pressed. Means must 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;
    (2) Information on the ship's position must 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; and
    (3) A distress alarm panel must be installed at the conning 
position. The distress alarm panel must 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.
    5. Section 80.1085 is amended by adding new paragraph (e) to read 
as follows:


Sec. 80.1085  Ship radio equipment-General.

* * * * *
    (e) 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.

[FR Doc. 02-12430 Filed 5-16-02; 8:45 am]
BILLING CODE 6712-01-P