[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32676-32679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13468]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 80, 87 and 95

[WT Docket No. 99-366; FCC 02-271]


Amendment of of the Commission's Rules To Authorize the Use of 
406.025 MHz for Personal Locator Beacons

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission 
authorizes the use of 406.0-406.1 MHz for personal locator beacons 
(PLBs). This was in response to a petition for rulemaking filed by the 
National Oceanic and Atmospheric Administration of the United States 
Department of Commerce (NOAA). This will increase the safety of the 
general public by providing a new means to alert others of an emergency 
situation and to aid search and rescue personnel locate those in 
distress.

DATES: Effective July 1, 2003, the incorporation by reference of 
certain publication listed in the regulations is approved by the 
Director of the Federal Register as of July 1, 2003.

FOR FURTHER INFORMATION CONTACT: James Shaffer via phone at (202) 418-
0680, via e-mail at [email protected], via TTY (202) 418-7233, Wireless 
Telecommunications Bureau, Federal Communications Commission, 
Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 02-271, adopted on September 27, 2002, and released on 
October 8, 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: 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 
[email protected].
    1. In the Report and Order in this proceeding, the Commission 
established a new subpart K--Personal Locator Beacons (PLB) under part 
95 of the Commission's rules, to permit the use of frequency 406.0-
406.1 MHz for personal locator beacons. We amended our rules to provide 
for licensing individual 406

[[Page 32677]]

MHz PLBs by rule, require mandatory registration of 406 MHz PLB with 
the NOAA, and require manufacturers of 406 MHz PLBs to comply with the 
Radio Technical Commission for Maritime Services (RTCM) Recommended 
Standards for 406 MHz Satellite PLBs. 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. In addition, we dismiss as moot requests by 
ACR Electronics Inc. (ACR) and McMurdo Limited (McMurdo) for waiver of 
the Commission's rules to permit the type certification of a new 406 
MHz personal emergency position indicating radiobeacon (EPIRB), for the 
reason that the rule changes we adopt today appear to permit the 
equipment proposed by ACR and McMurdo.

I. Procedural Matters

A. Alternative Formats

    2. Alternative formats (computer diskette, large print, audio 
cassette and Braille) of this Report and Order are available to persons 
with disabilities by contacting Brian Millin at (202) 418-0260, TTY 
(202) 418-2555, or at [email protected]. This Report and Order can also 
be downloaded at http://www.fcc.gov/dtf/.

II. Final Regulatory Flexibility Analysis (FRFA)

    3. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM, 65 
FR 4935, February 2, 2000, prepared in this proceeding. The Commission 
sought written public comment on the proposals in the NPRM, including 
comments on the IRFA. This present FRFA conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    4. In this proceeding, we amend part 95 of the Commission's rules 
to authorize the use of the frequency 406 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.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    5. No comments were submitted specifically in response to the IRFA.

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

    6. 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 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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' The adopted rules would apply to small 
businesses that manufacturer, design, import, sell, rent, 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. No comments were received on 
the number of small businesses which could be impacted by the proposed 
rule changes.

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

    7. This proceeding contains a reporting requirement to require 
businesses renting and owners of 406 MHz Personal Locator Beacons 
(PLBs) to register information such as name, address, type of vessel 
with the National Oceanic and Atmospheric Administration (NOAA). The 
information would be used by search and rescue personnel to identify 
the persons in distress and to select the proper rescue units and 
search methods.

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

    8. The Commission in this proceeding has considered comments on 
making frequency spectrum available to authorize the use of personal 
locator beacons. It has adopted alternatives which minimize burdens 
placed on small entities. The adopted rules will have a beneficial 
economic impact on small business entities that manufacturer, design, 
import, sell, or use radiobeacon equipment designed for distress 
alerting and location. This approach promotes technological innovations 
in radiobeacon equipment. 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.
    9. To minimize any negative impact on search and rescue responders 
receiving distress alerts, we have offered the option of utilizing the 
existing procedures. These procedures are that with prior coordination 
and mutual agreement, land-based alerts will be relayed by the United 
States Air Force Rescue Coordination Center to a point of contact 
designated by the state. In addition, the Commission declined to 
require businesses renting PLBs to the public to notify NOAA each time 
a beacon is rented; instead, such business must register once with NOAA 
and provide a 24-hour point of contact.

F. Report to Congress

    10. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1996, see 5 
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
the Report and Order, including this FRFA to the Chief Counsel for 
Advocacy of the Small Business Administration. A copy of the Report and 
Order and FRFA (or summaries thereof) will also be published in the 
Federal Register. See 5 U.S.C. 604(b).

III. Ordering Clauses

    11. Pursuant to the authority of sections 4(i), 303(r), and 
332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 332(a)(2), parts 80, 87 and 95 of the Commission's 
rules, that 47 CFR parts

[[Page 32678]]

80, 87 and 95 are amended as set forth in the attached Rule Changes.
    12. The Commission's Reference Information Center, Consumer 
Information Bureau, shall send a copy of this Report and Order, WT 
Docket No. 99-366, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the Small Business Administration.
    13. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sec.  
1.925 of the Commission's rules, ACR's request for waiver of Sec.  
80.1061 of the Commission's rules, filed on January 10, 2001, and 
McMurdo's request for waiver of Sec.  80.1061 of the Commission's 
rules, filed on August 23, 2002, to permit type certification of ACR's 
personal EPIRB, FCC Identification Number B66ACR-PLB-100, and McMurdo's 
personal EPRIB, FCC identification number KLS85860, respectively, are 
dismissed as moot.
    14. It is further ordered, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), that this 
proceeding is terminated.

List of Subjects in 47 CFR Parts 80, 87 and 95

    Communications equipment, Incorporation by reference, Radio, 
Reporting and recordkeeping requirements.

Federal Communications Commission
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 80, 87 and 95 as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

0
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.


0
2. Section 80.1061 is amended by revising paragraphs (e) and (f) to 
read as follows:


Sec.  80.1061  Special requirements for 406.025 MHz EPIRBs.

* * * * *
    (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: SARSAT Beacon Registration, 
NOAA, NESDIS, E/SP3, RM 3320, FB-4, 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 include 
the following statement: ``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 406.025 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 406.025 MHz EPIRB 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 EPIRB must register the NOAA identification code contained on this 
label with the National Oceanic and Atmospheric Administration (NOAA), 
whose address is: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, RM 
3320, FB-4, 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.
* * * * *

PART 87--AVIATION SERVICES

0
3. The authority citation for part 87 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.


0
4. Section 87.199 is amended by revising paragraphs (e) and (f) to read 
as follows:


Sec.  87.199  Special requirements for 406.025 MHz ELTs.

* * * * *
    (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 ELT unit to establish a unique identification for each ELT 
station. With each marketable ELT unit the manufacturer or grantee must 
include a postage pre-paid registration card printed with the ELT 
identification code addressed to: SARSAT Beacon Registration, NOAA, 
NESDIS, E/SP3, RM 3320, FB-4, 5200 Auth Road, Suitland, MD 20746-4304. 
The registration card must request the owner's name, address, telephone 
number, type of aircraft, alternate emergency contact and include the 
following statement: ``WARNING--failure to register this ELT 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 406.025 MHz ELT must be registered with NOAA before 
installation and that information be kept up-to-date. In addition to 
the identification plate or label requirements contained in Sec. Sec.  
2.925 and 2.926 of this chapter, each 406.025 MHz ELT 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 ELT 
must register the NOAA identification code contained on this label with 
the National Oceanic and Atmospheric Administration (NOAA), whose 
address is: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, RM 3320, 
FB-4, 5200 Auth Road, Suitland, MD 20746-4304.'' Aircraft owners shall 
advise NOAA in writing upon change of aircraft or ELT ownership, or any 
other change in registration information. Fleet operators must notify 
NOAA upon transfer of ELT to another aircraft outside of the owner's 
control, or an other change in registration information. NOAA will 
provide registrants with proof of registration and change of 
registration postcards.
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
5. 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.


0
6. Add Subpart K to part 95 to read as follows:

[[Page 32679]]

Subpart K--Personal Locator Beacons (PLB).

Sec.
95.1400 Basis and purpose.
95.1401 Frequency.
95.1402 Special requirements for 406 MHz PLBs.


Sec.  95.1400  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. The effective 
date for the rules in this subpart will be July 1, 2003.


Sec.  95.1401  Frequency.

    The frequency band 406.0-406.1 MHz is an emergency and distress 
frequency band available for use by Personal Locator Beacons (PLBs). 
Personal Locator Beacons that transmit on the frequency band 406.0-
406.1 MHz must use G1D emission. Use of these frequencies must be 
limited to transmission of distress and safety communications.


Sec.  95.1402  Special requirements for 406 MHz PLBs.

    (a) All 406 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 1.1, RTCM Paper 
76-2002/SC110-STD, dated June 19, 2002. 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 for Maritime Services, 1800 Diagonal 
Road, Suite 600, Alexandria, Virginia 22314-2840. The document is 
available for inspection at Commission headquarters at 445 12th Street 
SW., 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 MHz PLB must contain, as an integral part, a homing 
beacon operating only on 121.500 MHz and meeting all 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 can be interrupted only during the 
transmission of the 406 MHz signal. The 406 MHz PLB shall transmit a 
unique identifier (Morse code ``P'') on the 121.500 MHz signals.
    (c) Before a 406 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). Additionally, an independent test facility must certify that 
the PLB complies with the electrical and environmental standards 
associated with the RTCM Recommended Standards.
    (d) The procedures of Notification by the equipment manufacturer 
and Certification from either the Commission or designated 
Telecommunications Certification Body 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 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: SARSAT Beacon Registration, NOAA, 
NESDIS, E/SP3, Room 3320, FB-4, 5200 Auth Road, Suitland, Maryland 
20746-4303. The registration card must request the owner's name, 
address, telephone number, alternate emergency contact and include the 
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 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 Sec. Sec.  2.925 and 2.926 of this chapter, 
each 406 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 MHz PLB must register the NOAA 
identification code contained on this label with the National Oceanic 
and Atmospheric Administration (NOAA) whose address is: SARSAT Beacon 
Registration, NOAA, NESDIS, E/SP3, Room 3320, FB-4, 5200 Auth Road, 
Suitland, Maryland 20746-4303.'' 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 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. 03-13468 Filed 5-30-03; 8:45 am]
BILLING CODE 6712-01-P