[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Rules and Regulations]
[Pages 64664-64681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23759]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 13 and 80

[WT Docket No. 00-48; PR Docket No. 92-257; RM-9499; FCC 04-3]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Commission amends parts 13 and 80 of the 
Commission's rules to update and streamline the rules governing the 
maritime radio services. The paramount goals of these amendments are to 
enhance maritime safety, promote the efficient use of the maritime 
radio spectrum, and, to the extent it is consistent with these first 
two objectives, remove unnecessary regulatory burdens on the users and 
manufacturers of maritime radio equipment. The amendments also conform 
part 80 of the Commission's rules with international standards where 
doing so will not undermine domestic regulatory objectives.

DATES: Effective January 7, 2005. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register, as of January 7, 2005.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, [email protected], 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's consolidated Second Report and Order in WT 
Docket No. 00-48 and Sixth

[[Page 64665]]

Report and Order in PR Docket No. 92-257, FCC 04-3, adopted on January 
8, 2004, and released on February 12, 2004. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at [email protected].
    1. In the Second Report and Order and Sixth Report and Order, we 
adopt changes to parts 13 and 80 of the Commission's rules that were 
either proposed in or suggested in response to the Further Notice of 
Proposed Rule Making (``FNPRM'') in WT Docket No. 00-48, which was 
released on April 9, 2002, 67 FR 35086, May 17, 2002, and the Fourth 
Further Notice of Proposed Rule Making (``Fourth FNPRM'') in PR Docket 
No. 92-257, which was released on December 28, 2001, 67 FR 5080, 
February 4, 2002. The FNPRM proposed to amend part 80 of the 
Commission's rules to reflect the implementation domestically of the 
Global Maritime and Distress Safety System (``GMDSS'') by conforming 
the rules to revised and updated international standards for GMDSS; 
deleting or modifying rules affected by full implementation of GMDSS; 
and to delete or modify any other regulations pertaining to GMDSS that 
may be unnecessary or in need of clarification. The Fourth FNPRM 
invited public comment on a number of recommendations from the United 
States Coast Guard (``USCG'') and from MariTEL, Inc. (``Maritel''), a 
Commission licensee, to amend the rules pertaining to VHF public coast 
(``VPC'') stations.
    2. The Commission takes the following significant actions in the 
Second Report and Order in WT Docket No. 00-48: (i) Declines to create 
a voluntary restricted Global Maritime Distress and Safety System 
(GMDSS) license for recreational boaters; (ii) clarifies the 
responsibilities of VPC stations that receive calls on the digital 
selective calling (``DSC'') distress frequency, Channel 70; (iii) 
clarifies that VPC stations that are not exempt from the VHF Channel 16 
watch requirement must have a radio operator on duty; (iv) prohibits 
ship operation of any device capable of transmitting on a distress 
frequency without regulatory authorization; (v) redesignates Channels 
75 and 76 for communications related to port operations, and establish 
requirements for equipment to operate on the channels with reduced 
carrier power; (vi) authorizes domestic use of INMARSAT-E emergency 
position indicating radiobeacons (``EPIRBs'') and establishes standards 
for such devices; (vii) requires that small passenger vessels have DSC 
capability one year after the USCG declares Sea Areas A1 and A2 to be 
operational, and establishes additional equipment requirements for such 
vessels; (viii) declines to specify that the qualified GMDSS operator 
required to be on vessels under our rules must be assigned exclusively 
to radio communications duties during an emergency; (ix) updates the 
requirements for ship radio installations to incorporate new 
international regulations; (x) incorporates into the rules the 
international requirement that all passenger ships have the ability to 
communicate with search and rescue personnel on two specified 
aeronautical frequencies; (xi) determines to continue listing the 
carrier frequency, rather than the assigned frequency, in part 80 
tables of frequencies; and (xii) specifies the number of questions to 
include in the GMDSS radio operator license examinations.
    3. The Commission takes the following significant actions in the 
Sixth Report and Order in PR Docket No. 92-257: (i) Clarifies the 
responsibilities of VPC stations as to when they must maintain a watch 
on the Channel 16 distress frequency and as to their obligation to 
notify the USCG of a station relocation; (ii) generally declines to 
impose additional technical requirements for VPC stations operating on 
offset channels; (iii) denies a request to reallocate nine channel 
pairs from public safety and other private land mobile radio operations 
to use by VPC stations; (iv) adopts new rules requested by the USCG to 
govern the implementation of Automatic Identification Systems 
(``AIS''); (v) establishes a new emission mask in part 80 to 
accommodate a wide range of data services; (vi) eliminates the station 
identification requirement for VPC stations licensed on a geographic 
area basis; (vii) authorizes VPC stations to maintain required station 
records in electronic form; (viii) relaxes the posting requirement for 
VPC stations; and (ix) clarifies that VPC stations, like other 
providers of commercial mobile radio services, have been relieved of 
certain filing requirements as a matter of forbearance.

I. Regulatory Matters

A. Paperwork Reduction Act

    4. The Second Report and Order and Sixth Report and Order does not 
contain any new or modified information collection.

B. Final Regulatory Flexibility Analyses

    5. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''), the Commission has prepared a Final Regulatory 
Flexibility Analysis (``FRFA'') of the rules adopted in the Second 
Report and Order in WT Docket No. 00-48. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information center, will send a 
copy of the Second Report and Order in WT Docket No. 00-48, including 
the FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the RFA.
Second Report and Order in WT Docket No. 00-48

A. Need for, and Objectives of, the Rules Adopted in the Second Report 
and Order

    6. The rules adopted in the Second Report and Order are intended to 
further streamline, consolidate and clarify the Commission's part 80 
rules; remove unnecessary or duplicative requirements; address new 
international maritime requirements; and promote flexibility and 
efficiency in the use of marine radio equipment in a manner that will 
further maritime safety. Specifically, in the Second Report and Order 
the Commission (i) declines to create a voluntary restricted Global 
Maritime Distress and Safety System (GMDSS) license for recreational 
boaters; (ii) clarifies the responsibilities of VHF public coast 
stations that receive calls on the DSC distress frequency, Channel 70; 
(iii) clarifies that VHF public coast stations that are not exempt from 
the VHF Channel 16 watch requirement must have a radio operator on 
duty; (iv) prohibits ship operation of any device capable of 
transmitting on a distress frequency without regulatory authorization; 
(v) redesignates Channels 75 and 76 for communications related to port 
operations, and establishes requirements for equipment to operate on 
the channels with reduced carrier power; (vi) authorizes domestic use 
of INMARSAT-E emergency position indicating radiobeacons (EPIRBs) and 
establishes standards for such devices; (vii) requires that small 
passenger vessels have digital selective calling capability one year 
after the U.S. Coast Guard (Coast Guard or USCG) declares

[[Page 64666]]

Sea Areas A1 and A2 to be operational, and establishes additional 
equipment requirements for such vessels; (viii) declines to specify 
that the qualified GMDSS operator required to be on vessels under our 
rules must be assigned exclusively to radio communications duties 
during an emergency; (ix) updates the requirements for ship radio 
installations to incorporate new international regulations; (x) 
incorporates into the rules the international requirement that all 
passenger ships have the ability to communicate with search and rescue 
personnel on two specified aeronautical frequencies; (xi) determines to 
continue listing the carrier frequency, rather than the assigned 
frequency, in part 80 Tables of Frequencies; and (xii) specifies the 
number of questions to be included in the GMDSS radio operator license 
examinations.

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

    7. No comments were submitted specifically in response to the IRFA. 
We note, however, that the Passenger Vessel Association (PVA) indicated 
that it was opposed to several of the proposed rules because of the 
compliance costs that would be incurred by small passenger vessel 
operators, many of which are small businesses. Specifically, PVA argued 
that the costs of compliance outweighed the safety benefits of the 
proposed rules requiring that the VHF and MF radios carried by small 
passenger vessels be upgraded to have digital selective calling (DSC) 
capability; that on passenger ships, at least one qualified person must 
be assigned to perform only radio communications duties during distress 
situations; and that passenger vessels be equipped with means for two-
way on-scene radiocommunications for search and rescue purposes using 
the aeronautical frequencies 121.5 and 123.1 MHz. We have considered 
the potential economic impact on small entities of these rules and the 
other rules discussed in the IRFA, and we have considered alternatives 
that would reduce the potential economic impact on small entities of 
the rules enacted herein, regardless of whether the potential economic 
impact was discussed in any comments.

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

    8. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (i) Is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    9. Small businesses in the aviation and marine radio services use a 
marine very high frequency (VHF), medium frequency (MF), or high 
frequency (HF) radio, any type of emergency position indicating radio 
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not developed a 
definition of small entities specifically applicable to these small 
businesses. For purposes of this FRFA, therefore, the applicable 
definition of small entity is the definition under the SBA rules 
applicable to wireless telecommunications. Pursuant to this definition, 
a ``small entity'' for purposes of the ship station licensees, public 
coast station licensees, or other marine radio users that may be 
affected by these rules, is any entity employing 1,500 of fewer 
persons. 13 CFR 121.201 (NAICS Code 517212). Since the size data 
provided by the Small Business Administration do not enable us to make 
a meaningful estimate of the number of marine radio service providers 
and users that are small businesses, we have used the 1992 Census of 
Transportation, Communications, and Utilities, conducted by the Bureau 
of the Census, which is the most recent information available. This 
document shows that twelve radiotelephone firms out of a total of 1,178 
such firms which operated in 1992 had at least 1,000 employees. Thus, 
we estimate that as many as 1,166 small entities may be affected.
    10. Some of the rules adopted herein affect VHF public coast 
station licensees. The Commission has defined the term ``small entity'' 
specifically applicable to public coast station licensees as any entity 
employing less than 1,500 persons, based on the definition under the 
Small Business Administration rules applicable to radiotelephone 
service providers. See Amendment of the Commission's rules Concerning 
Maritime Communications, Third Report and Order and Memorandum Opinion 
and Order, 13 FCC Rcd 19853, 19893 (1998) (citing 13 CFR 121.201, 
Standard Industrial Classification (SIC) Code 4812, now NAICS Code 
513322). Since the size data provided by the Small Business 
Administration do not enable us to make a meaningful estimate of the 
number of public coast station licensees that are small businesses, we 
have used the 1992 Census of Transportation, Communications, and 
Utilities, conducted by the Bureau of the Census, which is the most 
recent information available. This document shows that twelve 
radiotelephone firms out of a total of 1,178 such firms which operated 
in 1992 had 1,000 or more employees. Thus, we estimate that no fewer 
than 1,166 small entities will be affected.
    11. Some of the rules adopted herein may also affect small 
businesses that manufacture marine radio equipment. The Commission has 
not developed a definition of small entities applicable to marine radio 
equipment manufacturers. Therefore, the applicable definition is that 
for Wireless Communications Equipment Manufacturers. The SBA has 
established a small business size standard for radio and television 
broadcasting and wireless communications equipment manufacturing. Under 
this standard, firms are considered small if they have 750 or fewer 
employees. Census Bureau data for 1997 indicate that, for that year, 
there were a total of 1,215 establishments in this category. Of those, 
there were 1,150 that had employment under 500, and an additional 37 
that had employment of 500 to 999. The percentage of wireless equipment 
manufacturers in this category is approximately 61.35%, so the 
Commission estimates that the number of wireless equipment 
manufacturers with employment under 500 was actually closer to 706, 
with and additional 23 establishments having employment of between 500 
and 999. The Commission estimates that the great majority of wireless 
communications equipment manufacturers are small businesses.

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

    12. In the Second Report and Order, we adopt several rule 
amendments that may affect reporting, recordkeeping and other 
compliance requirements for small entities. First, we amend Sec.  
80.203 of the rules to bar ship stations from including any device 
capable of transmitting on a distress frequency without regulatory 
authorization. This prohibition could affect small entities that 
manufacture ship radio equipment. Second, we amend Sec.  80.215(g)(3) 
to require that ship

[[Page 64667]]

station transmitters have Channels 75 and 76, and automatically reduce 
the carrier power to one watt or less when tuned those channels, with 
no manual override capability. This new requirement could affect small 
entities that manufacture or use such transmitters. Third, we adopt a 
number of new requirements for small passenger vessels: a requirement 
that the VHF and MF radios already mandated by Sec.  80.905(a) of the 
rules be DSC-equipped; a requirement that the single sideband (SSB) 
radios required to be carried by ships operating over one hundred 
nautical miles from shore be DSC-equipped; a requirement that the 
INMARSAT ship earth stations that may be carried by ships operating 
more than one hundred nautical miles from shore in lieu of an SSB radio 
be limited to specified classes of earth stations; a requirement that 
vessels required to carry a SSB radio with a reserve power supply also 
carry a reserve power supply for the navigation receiver; and a 
requirement for updating position information. These requirements may 
have a direct economic impact on operators of small passenger vessels. 
Finally, we amend Sec.  80.1085 of the rules to require that every 
passenger ship be provided with means for two-way on-scene 
radiocommunications for search and rescue purposes using the 
aeronautical frequencies 121.5 and 123.1 MHz from the position from 
which the ship is normally navigated.
    13. In the IRFA accompanying the FNPRM in this proceeding, we 
specifically identified each of the above rule amendments as 
potentially affecting reporting, recordkeeping and other compliance 
requirements, and specifically requested comment on the economic impact 
of these changes.

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

    14. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(i) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (iii) the use of performance rather than design standards; 
and (iv) an exemption from coverage of the rule, or any part thereof, 
for such small entities.''
    15. With respect to all of the rules adopted in the Second Report 
and Order that may affect reporting, recordkeeping and other compliance 
requirements for small entities, as identified in section D of the 
FRFA, supra, we have considered how we might minimize the economic 
impact on small entities, and we have considered alternative measures 
that might minimize that impact. As a general matter, the alternatives 
considered, and in many cases adopted, include exempting small entities 
from the requirement; providing ``grandfathering'' protection from the 
requirement; providing a transition period to give either small 
entities or all affected entities additional time to come into 
compliance; and imposing a less burdensome requirement, either for 
small entities or for all affected entities. In addition, to the extent 
we establish here new standards for authorization of marine radio 
equipment, we have generally required compliance with performance 
standards, rather than prescribing a particular equipment design. In 
the IRFA accompanying the FNPRM in this proceeding, we specifically 
requested comment addressing particular alternatives that may be 
appropriate for particular rules proposed or discussed in the FNPRM. 
Although we received no comments specifically addressed to the IRFA, we 
have considered all comments to the FNPRM addressing the impact of any 
proposed change on small entities and all suggestions for alternative 
measures that would have a less significant impact on small entities. 
Moreover, even where we received no comments of this nature with regard 
to a particular new requirement, we considered the potential impact of 
the requirement on small entities, and considered alternatives. We 
discuss each of the specific new requirements adopted in the Second 
Report and Order, and relevant alternatives, below.
    16. In the Second Report and Order, we amend Sec.  80.203 of the 
rules to bar ship stations from including any device capable of 
transmitting on a distress frequency without regulatory authorization. 
This rule change had been proposed by the Coast Guard, and the FNPRM 
specifically asked for comment on whether this rule change would hamper 
the ability of manufacturers to add tone signaling capability or to 
otherwise improve their equipment. However, no manufacturer commented 
on this rule change, no commenter opposed it, and there is nothing in 
the record to indicate that it will adversely effect manufacturers. In 
any event, given that this rule change does not require manufacturers 
to add any features or capabilities to equipment, but merely prohibits 
what was never affirmatively authorized in the first place, there is no 
reason to phase in this requirement gradually. Further, there is no 
basis in the record to exempt manufacturers that are small entities 
from this requirement. Any such exemption, moreover, would jeopardize 
maritime safety since any unauthorized emissions on a distress 
frequency, from whatever source, could compromise the ability of the 
Coast Guard to process and respond to distress signals.
    17. In the Second Report and Order, we amend Sec.  80.215(g)(3) to 
require that ship station transmitters have Channels 75 and 76, and 
automatically reduce the carrier power to one watt or less when tuned 
those channels, with no manual override capability. In the FNPRM, the 
Commission expressed concern about the impact of this rule on 
manufacturers, and specifically solicited comment on appropriate 
grandfathering protection if the new requirements are adopted. No 
manufacturer commented on the proposed equipment requirements relating 
to Channels 75 and 76, and no one opposed such requirements. The only 
commenter responding to the Commission's request for input on 
appropriate grandfathering protection was the Coast Guard, which stated 
simply that it supports grandfathering protection of some sort. 
Notwithstanding the absence of comment on this issue from manufacturers 
or vessel operators, we have provided both grandfathering protection 
for existing installed equipment and a transitional period before new 
installations have to comply with the new requirements. Specifically, 
non-compliant equipment installed prior to the effective date of these 
rules is grandfathered indefinitely, so that it may continue to be used 
for its remaining useful life. In addition, we are allowing 
installations of non-compliant equipment until one year after the 
effective date of the Second Report and Order. We believe these actions 
will effectively minimize the compliance burden of this requirement on 
manufacturers and ship station licensees, especially any affected small 
entities. Given that no manufacturers commented on these rules, we do 
not believe this approach will leave manufacturers with stranded 
inventory. We decline to exempt small entities from these requirements 
because the benefits of designating Channels 75 and 76 for port 
operations, and the associated equipment requirements, cannot be fully 
realized unless access to

[[Page 64668]]

Channels 75 and 76 is ubiquitous, and because there is nothing in the 
record of this proceeding to suggest a need for such an exemption, 
especially given the grandfathering and transition provisions we have 
adopted.
    18. In the Second Report and Order, we adopt a requirement that the 
VHF and MF radios already mandated by Sec.  80.905(a) of the rules be 
DSC-equipped. The Passenger Vessel Association (PVA) filed comments 
opposing this requirement. PVA contends that small passenger vessels 
that are not subject to GMDSS requirements under SOLAS should not be 
required to meet GMDSS-derived equipment requirements such as this. PVA 
further asserts that many of the vessel operators that will be affected 
by this requirement are small businesses, and suggested that, instead 
of eliminating or tightening the exemption, the Commission should 
broaden the exemption to cover all passenger-carrying vessels, 
irrespective of size, that operate in protected waterways, such as 
harbors, bays and waterways covered by Vessel Traffic Systems. We 
decline to exempt any class of vessels otherwise subject to Sec.  
80.905(a) from the new DSC requirement, even with respect to vessels 
owned and operated by small businesses and/or restricted to voyages in 
particular inland or coastal waterways. We agree with the Coast Guard 
and the GMDSS Task Force that the public safety benefits of imposing 
this requirement on small passenger vessels are paramount. DSC 
represents an important enhancement of maritime safety, and requiring 
DSC capability in small passenger vessels, even those limited to 
voyages on protected waterways, will provide safety benefits not only 
to the passengers and crew on such vessels, but to all GMDSS 
participating vessels. We also believe, moreover, that the compliance 
costs of this requirement will not be significant because, pursuant to 
Sec.  80.203(n) of the Commission's rules, the Commission already 
requires that all VHF and MF marine radio transmitters submitted for 
equipment authorization have DSC capability. In fact, the DSC 
requirement has applied to all VHF and MF marine radio transmitters 
submitted for equipment authorization since June 17, 1999. As a 
consequence of this requirement, more and more of the new equipment 
available in the market will be DSC-capable. In addition, as a means to 
minimize whatever compliance costs are incurred by small passenger 
vessel operators, we have decided to defer the compliance deadline for 
this requirement. We will not require that VHF radios be upgraded to 
DSC until one year after the Coast Guard declares Sea Area A1 to be 
operational, and we will not require that MF radios be upgraded to DSC 
until one year after the Coast Guard declares Sea Area A2 to be 
operational. This compliance deadline is sufficiently far off that it 
will give affected small passenger vessel operators ample time to plan 
and budget for the required upgrades. In addition, as the deadline for 
compliance extends further into the future, it is likely that there 
will be fewer non-DSC transmitters in manufacturers' and retailers' 
inventory (because of the DSC requirement in Sec.  80.203(n)), and we 
therefore expect that most new VHF and MF radio equipment available in 
the market during the time period immediately preceding the compliance 
deadline will have DSC capability, further minimizing the economic 
impact on small entities.
    19. In the Second Report and Order, we adopt a requirement that the 
SSB radios required of ships operating over one hundred nautical miles 
from shore, pursuant to Sec.  80.905, be DSC-equipped. The Coast Guard 
was the only party directly commenting on this issue, and it stated 
that, as in the case of VHF and MF radio equipment, requiring DSC 
capabilities in SSB radios will provide significant safety advantages 
over non-DSC equipment. No party opposed this requirement or attempted 
to quantify the compliance costs. On this record, then, we believe 
considerations of maritime safety should be given paramount weight. 
Indeed, given that the subject vessels by definition operate more than 
one hundred nautical miles from shore, the safety benefits of this 
requirement are even greater than those we have adopted for VHF and MF 
radios in vessels that do not operate so far from shore. Significantly, 
DSC capability will enhance the ability of passenger vessels on such 
voyages to contact nearby ships as well as shore facilities. Although 
we decline to exempt small passenger vessel operators that qualify as 
small entities from this DSC requirement, we have determined to give 
affected parties until one year after the effective date of the Second 
Report and Order before requiring compliance. We believe this 
reasonably fulfills the objective of minimizing compliance costs for 
small entities without compromising the objective of promoting public 
safety on the high seas. We do not hinge the compliance deadline in 
this case on the timing of the Coast Guard's declaration of Sea Area A1 
or Sea Area A2 because vessels operating more than one hundred nautical 
miles from shore are operating in Sea Area A3.
    20. In the Second Report and Order, we adopt a requirement that the 
INMARSAT ship earth stations that may be carried by ships operating 
more than one hundred nautical miles from shore in lieu of an SSB 
radio, pursuant to Sec.  80.905, be limited to specified classes of 
earth stations. We do not believe this requirement should have a 
significant impact on any small entities. No commenter opposed this 
proposal. In addition, we note that the rule merely permits the use of 
an INMARSAT earth station as an alternative to other equipment, rather 
than mandating the use of an INMARSAT earth station in all instances. 
Nonetheless, we have decided to relax the requirement, as it was 
proposed in the FNPRM, by adding the INMARSAT Mini-M to the list of 
approved earth stations. As thus revised, we believe the adopted rule 
represents a reasonable compromise between tightening the existing rule 
for safety reasons while according a fair measure of flexibility to 
small passenger vessel operators, especially small entities, in 
selecting an earth station that will be deemed suitable to obviate the 
need for an SSB radio.
    21. In the Second Report and Order, we extend the current Sec.  
80.905 SSB reserve power supply requirement to the navigation receiver. 
No party has opposed this proposal or provided information that would 
permit a quantification of estimated compliance costs. The Coast Guard, 
the only commenter on this issue, urges adoption of the requirement 
because of the safety benefits. We agree with the Coast Guard. Since 
this rule merely extends an existing reserve power supply requirement 
to an additional piece of equipment, and there have been no comments in 
opposition to this proposal, we see no basis for exempting small 
entities from this requirement or providing an extended implementation 
period.
    22. In the Second Report and Order, we adopt a new requirement 
specifying that vessels subject to Sec.  80.905 must comply with the 
requirement in Sec.  80.1085(c) for updating position information. In 
discussing the proposal for this rule in the FNPRM, the Commission 
observed that its adoption would impose a GMDSS requirement on small 
passenger vessels. The only party commenting on this matter was the 
Coast Guard, which reiterated its support for this requirement because 
it will enable the Coast Guard to locate mariners in a more timely 
manner and better utilize its limited resources. No party opposed this 
requirement, and the

[[Page 64669]]

record is devoid of information as to the costs of compliance. 
Accordingly, we find no basis in the record to exempt some small 
passenger vessels from this requirement or to delay its implementation 
through a phased-in schedule.
    23. Finally, in the Second Report and Order, we amend Sec.  80.1085 
of the rules to require that every passenger ship be provided with 
means for two-way on-scene radiocommunications for search and rescue 
purposes using the aeronautical frequencies 121.5 and 123.1 MHz from 
the position from which the ship is normally navigated. PVA argues that 
a requirement for on-scene radios with aeronautical frequencies is 
expensive and is not useful outside of open ocean environments. It 
urges that this requirement not be imposed upon passenger vessels 
operating in or near coastal, inland, and other protected waters. More 
broadly, PVA complains that the USCG's proposals in this proceeding 
indicate that the USCG is seeking to extend equipment requirements that 
are justified for vessels in open-ocean service to vessels on domestic 
voyages. We agree with PVA that equipment requirements that make sense 
for vessels on the open ocean should not be extended without further 
analysis to vessels that stay closer to shore. However, we disagree 
with PVA that an on-scene capability for two-way radiocommunications 
with aircraft using the aeronautical frequencies 121.5 and 123.1 MHz 
offers no potential safety benefits to vessels on domestic voyages. We 
believe that the ability to communicate with helicopters or other 
aircraft involved in search and rescue operations could save lives 
where, for example, a passenger vessel catches fire and is exuding 
thick smoke on an inland waterway. We further believe that these safety 
benefits militate against exempting certain vessels from this 
requirement, based either on the operator's small business status or 
the restriction of the vessel to inland or protected waterways, or a 
combination of both factors. Additionally, we do not believe that 
adopting this requirement in the part 80 rules imposes a new compliance 
cost on passenger vessels since the requirement was imposed 
internationally under SOLAS well before the release of this order. 
Moreover, because the safety benefits of this requirement are not 
dependent on GMDSS implementation, and because passenger vessels are 
already required to have this capability under SOLAS, we see no reason 
to defer the effective date of this requirement to one year after Sea 
Area A1 or Sea Area A2 implementation, as we have done with some of the 
other requirements adopted herein in the interest of reducing 
compliance costs. However, we believe it is appropriate to defer the 
effective date for this requirement for some shorter period in order to 
mitigate the compliance costs for small passenger vessel operators. 
Accordingly, we will make this requirement effective six months after 
the effective date of the Second Report and Order.

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

    24. None.
    Report to Congress: The Commission will send a copy of the Second 
Report and Order in WT Docket No. 00-48, including the Final Regulatory 
Flexibility Analysis, in a report to be sent to Congress pursuant to 
the Congressional Review Act. In addition, the Commission will send a 
copy of the Second Report and Order in WTB Docket No. 00-48, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the SBA.
Sixth Report and Order in PR Docket No. 92-257
    25. As required by the RFA, the Commission has also prepared a FRFA 
of the rules adopted in the Sixth Report and Order in PR Docket No. 92-
257. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information center, will send a copy of the Sixth Report and 
Order in PR Docket No. 92-257, including the FRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration, in accordance with 
the RFA.

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

    26. The rules adopted in the Sixth Report and Order are intended to 
further streamline, consolidate and clarify the Commission's part 80 
rules governing VHF public coast (VPC) stations; remove unnecessary or 
duplicative requirements; address new international maritime 
requirements; and promote flexibility and efficiency in the use of 
marine radio equipment in a manner that will further maritime safety. 
Specifically, in the Sixth Report and Order the Commission (i) 
clarifies the responsibilities of VPC stations as to when they must 
maintain a watch on the Channel 16 distress frequency and as to their 
obligation to notify the Coast Guard of a station relocation; (ii) 
generally declines to impose additional technical requirements for VPC 
stations operating on offset channels; (iii) denies a request that nine 
channel pairs now allocated for public safety and other private land 
mobile radio operations be reallocated for use by VPC stations; (iv) 
adopts new rules to govern the implementation of Automatic 
Identification Systems; (v) establishes a new emission mask in Part 80 
to accommodate a wide range of data services; (vi) eliminates the 
station identification requirement for VPC stations licensed on a 
geographic area basis; (vii) authorizes VPC stations to maintain 
required station records in electronic form; (viii) relaxes the posting 
requirement for VPC stations; and (ix) provides a clarification in the 
rules that VPC stations, like other providers of commercial mobile 
radio services, have been relieved of certain filing requirements as a 
matter of forbearance.

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

    27. No comments were submitted specifically in response to the 
IRFA. Nonetheless, we have considered the potential economic impact on 
small entities of the rules discussed in the IRFA, and we have 
considered alternatives that would reduce the potential economic impact 
on small entities of the rules enacted herein.

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

    28. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act. A small 
business concern is one which: (i) Is independently owned and operated; 
(ii) is not dominant in its field of operation; and (iii) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    29. Small businesses in the aviation and marine radio services use 
a marine very high frequency (VHF), medium frequency (MF), or high 
frequency (HF) radio, any type of emergency position indicating radio 
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not developed a 
definition of small entities specifically applicable to these small 
businesses. For purposes of this FRFA, therefore, the

[[Page 64670]]

applicable definition of small entity is the definition under the SBA 
rules applicable to wireless telecommunications. Pursuant to this 
definition, a ``small entity'' for purposes of the ship station 
licensees, public coast station licensees, or other marine radio users 
that may be affected by these rules, is any entity employing 1,500 of 
fewer persons. 13 CFR 121.201 (NAICS Code 517212). Since the size data 
provided by the Small Business Administration do not enable us to make 
a meaningful estimate of the number of marine radio service providers 
and users that are small businesses, we have used the 1992 Census of 
Transportation, Communications, and Utilities, conducted by the Bureau 
of the Census, which is the most recent information available. This 
document shows that twelve radiotelephone firms out of a total of 1,178 
such firms which operated in 1992 had at least 1,000 employees. Thus, 
we estimate that as many as 1,166 small entities may be affected.
    30. Some of the rules adopted herein affect VHF public coast 
station licensees. The Commission has defined the term ``small entity'' 
specifically applicable to public coast station licensees as any entity 
employing less than 1,500 persons, based on the definition under the 
Small Business Administration rules applicable to radiotelephone 
service providers. See Amendment of the Commission's Rules Concerning 
Maritime Communications, Third Report and Order and Memorandum Opinion 
and Order, 13 FCC Rcd 19853, 19893 (1998) (citing 13 CFR 121.201, 
Standard Industrial Classification (SIC) Code 4812, now NAICS Code 
517212). Since the size data provided by the Small Business 
Administration do not enable us to make a meaningful estimate of the 
number of public coast station licensees that are small businesses, we 
have used the 1992 Census of Transportation, Communications, and 
Utilities, conducted by the Bureau of the Census, which is the most 
recent information available. This document shows that twelve 
radiotelephone firms out of a total of 1,178 such firms which operated 
in 1992 had 1,000 or more employees. Thus, we estimate that no fewer 
than 1,166 small entities will be affected.
    31. Some of the rules adopted herein may also affect small 
businesses that manufacture marine radio equipment. The Commission has 
not developed a definition of small entities applicable to marine radio 
equipment manufacturers. Therefore, the applicable definition is that 
for Wireless Communications Equipment Manufacturers. The SBA has 
established a small business size standard for radio and television 
broadcasting and wireless communications equipment manufacturing. Under 
this standard, firms are considered small if they have 750 or fewer 
employees. Census Bureau data for 1997 indicate that, for that year, 
there were a total of 1,215 establishments in this category. Of those, 
there were 1,150 that had employment under 500, and an additional 37 
that had employment of 500 to 999. The percentage of wireless equipment 
manufacturers in this category is approximately 61.35%, so the 
Commission estimates that the number of wireless equipment 
manufacturers with employment under 500 was actually closer to 706, 
with and additional 23 establishments having employment of between 500 
and 999. Given the above, the Commission estimates that the great 
majority of wireless communications equipment manufacturers are small 
businesses.
    32. D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    33. The Sixth Report and Order does not impose any additional 
reporting, recordkeeping, or other compliance requirements on small 
entities. The rule amendments adopted in the Sixth Report and Order 
generally relieve VPC station licensees of existing requirements or 
relax those requirements. The Sixth Report and Order does amend section 
80.302(a) of the Commission's rules to expressly mandate that VPC 
licensees subject to a Channel 16 watch requirement must notify the 
Coast Guard as soon as practicable of a relocation of the station. This 
requirement was not opposed by any party. In fact, the only parties 
commenting on the issue--the Coast Guard and a VPC licensee--urged the 
Commission to adopt this rule change. Accordingly, we do not believe 
this requirement will have a direct and significant economic impact on 
any small entities or, for that matter, any entities at all. In any 
event, and as we state in the Sixth Report and Order, this is not a new 
or additional requirement. Prior to the amendment adopted herein, 
section 80.302(a) specified that a VPC licensee subject to the watch 
requirement must notify the Coast Guard as soon as practicable when 
there is any change in the operation of the station that would result 
in a ``discontinuance, reduction or suspension'' of the watch. We 
believe this language already encompassed a requirement to notify the 
Coast Guard of a relocation of the watch, and we have amended the rule 
only to clarify the point, as requested by the commenters.

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

    34. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(i) the 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (iii) the use of performance rather than design standards; 
and (iv) an exemption from coverage of the rule, or any part thereof, 
for such small entities.''
    35. As explained in section D of the FRFA, supra, the Sixth Report 
and Order does not impose any additional reporting, recordkeeping, or 
other compliance requirements on small entities. The rule amendments 
adopted in the Sixth Report and Order generally relieve VPC station 
licensees of existing requirements or relax those requirements.

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

    36. None.
    Report to Congress: The Commission will send a copy of the Sixth 
Report and Order in PR Docket No. 92-257, including the Final 
Regulatory Flexibility Analysis, in a report to be sent to Congress 
pursuant to the Congressional Review Act. In addition, the Commission 
will send a copy of the Sixth Report and Order in PR Docket No. 92-257, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the SBA.

II. Ordering Clauses

    33. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of the Second Report and Order/
Sixth Report and Order including the Final Regulatory Flexibility 
Analyses to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects

47 CFR Part 13

    Radio.

47 CFR Part 80

    Communications equipment, Incorporation by reference, Marine

[[Page 64671]]

safety, Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Parts 13 and 80 as follows:

PART 13--COMMERCIAL RADIO OPERATORS

0
1. The authority citation for part 13 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 
U.S.C. 154, 303.


0
2. Section 13.203 is amended by revising paragraph (a)(5), 
redesignating paragraphs (a)(6) and (a)(7) as paragraphs (a)(7) and 
(a)(8), and adding a new paragraph (a)(6) to read as follows:


Sec.  13.203  Examination elements.

    (a) * * *
    (5) Element 7: GMDSS radio operating practices. 100 questions 
concerning GMDSS radio operating procedures and practices sufficient to 
show detailed practical knowledge of the operation of all GMDSS sub-
systems and equipment; ability to send and receive correctly by radio 
telephone and narrow-band direct-printing telegraphy; detailed 
knowledge of the regulations applying to radio communications, 
knowledge of the documents relating to charges for radio communications 
and knowledge of those provisions of the International Convention for 
the Safety of Life at Sea which relate to radio; sufficient knowledge 
of English to be able to express oneself satisfactorily both orally and 
in writing; knowledge of and ability to perform each function listed in 
Sec.  80.1081; and knowledge covering the requirements set forth in IMO 
Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. 
The minimum passing score is 75 questions answered correctly.
    (6) Element 7R: Restricted GMDSS radio operating practices. 50 
questions concerning those GMDSS radio operating procedures and 
practices that are applicable to ship stations on vessels that sail 
exclusively in sea area A1, as defined in Sec.  80.1069 of this 
chapter, sufficient to show detailed practical knowledge of the 
operation of pertinent GMDSS sub-systems and equipment; ability to send 
and receive correctly by radio telephone and narrow-band direct-
printing telegraphy; detailed knowledge of the regulations governing 
radio communications within sea area A1, knowledge of the pertinent 
documents relating to charges for radio communications and knowledge of 
the pertinent provisions of the International Convention for the Safety 
of Life at Sea; sufficient knowledge of English to be able to express 
oneself satisfactorily both orally and in writing; knowledge of and 
ability to perform each pertinent function listed in Sec.  80.1081; and 
knowledge covering the pertinent requirements set forth in IMO Assembly 
Resolution on Training for Radio Personnel (GMDSS), Annex 3. The 
minimum passing score is 38 questions answered correctly.
* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

0
3. The authority citation for Part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.


0
4. Section 80.15 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  80.15  Eligibility for station license.

* * * * *
    (e) * * *
    (2) A 406.0-406.1 MHz EPIRB may be used by any ship required by 
U.S. Coast Guard regulations to carry an EPIRB or by any ship that is 
equipped with a VHF ship radio station. An INMARSAT-E EPIRB may be used 
by any ship required by U.S. Coast Guard regulations to carry an EPIRB 
or by any ship that is equipped with a VHF radio station, provided that 
the ship is not operating in sea area A4 as defined in Sec.  
80.1069(a)(4).
* * * * *

0
5. Section 80.59 is amended by revising paragraph (c)(1)(x) to read as 
follows:


Sec.  80.59  Compulsory ship inspections.

* * * * *
    (c) * * *
    (1) * * *
    (x) Type and quantity of radio equipment on board, including:
    (A) VHF Radio Installation (indicate if GMDSS approved);
    (B) Single Side-Band (SSB) (indicate the band of operation, MF or 
HF and indicate if GMDSS approved);
    (C) Category 1, 406 MHz EPIRB (GMDSS approved);
    (D) NAVTEX Receiver (GMDSS approved);
    (E) Survival Craft VHF (GMDSS approved);
    (F) 9 GHz Radar Transponder (GMDSS approved);
    (G) Ship Earth Station;
    (H) 2182 Radiotelephone Auto Alarm
    (I) Reserve Power Supply (capability); and
    (J) Any other equipment.
* * * * *

0
6. Section 80.95 is amended by revising paragraph (a) introductory text 
to read as follows:


Sec.  80.95  Message charges.

    (a) Except as specified in Sec.  20.15(c) of this chapter with 
respect to commercial mobile radio service providers, charges must not 
be made for service of:
* * * * *

0
7. Section 80.98 is revised to read as follows:


Sec.  80.98  Radiotelegraph testing procedures.

    Stations authorized to use telegraphy may conduct tests on any 
assigned frequency. Emissions must not cause harmful interference. When 
radiation is necessary the radiotelegraph testing procedure described 
in this paragraph must be followed:
    (a) The operator must not interfere with transmissions in progress.
    (b) The operator must transmit ``IE'' (two dots, space, one dot) on 
the test frequency as a warning that test emissions are about to be 
made.
    (c) If any station transmits ``AS'' (wait), testing must be 
suspended. When transmission of ``IE'' is resumed and no response is 
heard, the test may proceed.
    (d) Test signals composed of a series of ``VVV'' having a duration 
of not more than ten seconds, followed by the call sign of the testing 
station will be transmitted. The call sign must be sent clearly at a 
speed of approximately 10 words per minute. This test transmission must 
not be repeated until a period of at least one minute has elapsed.

0
8. Section 80.102 is amended by revising paragraph (f) to read as 
follows:


Sec.  80.102  Radiotelephone station identification.

* * * * *
    (f) VHF public coast stations licensed to serve a predetermined 
geographic service area are not required to provide station 
identification under this section. A site-based VHF public coast 
station may identify by means of the approximate geographic location of 
the station or the area it serves when it is the only VHF public coast 
station serving the location or there will be no

[[Page 64672]]

conflict with the identification of any other station.


Sec.  80.142  [Amended]

0
9. Section 80.142 is amended by removing paragraph (c)(1)(i) and 
redesignating paragraphs (c)(1)(ii) and (c)(1)(iii) as (c)(1)(i) and 
(c)(1)(ii).

0
10. Section 80.203 is amended by adding a new paragraph (m)(6) to read 
as follows:


Sec.  80.203  Authorization of transmitters for licensing.

* * * * *
    (m) * * *
    (6) No ship station shall include any device or provision capable 
of transmitting any tone or signal on a distress frequency for any 
purpose unless specific provisions exist in this Part authorizing such 
tone or signal.
* * * * *

0
11. Section 80.207 is amended by revising paragraph (d) to read as 
follows:


Sec.  80.207  Classes of emission.

* * * * *
    (d) The authorized classes of emission are as follows:

------------------------------------------------------------------------
           Types of stations                   Classes of emission
------------------------------------------------------------------------
           Ship Stations \1\
 
Radiotelegraphy:
    100-160 kHz........................  A1A
    405-525 kHz........................  A1A, J2A
    1605-27500 kHz:....................
        Manual \15\ \16\ \17\..........  A1A, J2A, J2B, J2D
        DSC \6\........................  F1B, J2B
        NB-DP \14\ \16\................  F1B, J2B, J2D
        Facsimile......................  F1C, F3C, J2C, J3C
    156-162 MHz \2\....................  F1B, F2B, F2C, F3C, F1D, F2D
        DSC............................  G2B
    216-220 MHz \3\....................  F1B, F2B, F2C, F3C
    1626.5-1646.5 MHz..................  (\4\)
Radiotelephony:
    1605-27500 kHz \5\ \16\............  H3E, J2D, J3E, R3E
    27.5-470 MHz \6\...................  G3D, G3E
    162.5-1646.5 MHz...................  (\4\)
Radiodetermination:
    285-325 kHz \7\....................  A1A, A2A
    405-525 kHz (Direction Finding) \8\  A3N, H3N, J3N, NON
    154-459 MHz \12\...................  A1D, A2D, F1D, F2D, G1D, G2D
    2.4-9.5 GHz........................  PON
    14.00-14.05 GHz....................  F3N
 
           Land Stations \1\
 
Radiotelegraphy:
    100-160 kHz........................  A1A
    405-525 kHz........................  A1A, J2A
    1605-2850 kHz:
        Manual.........................  A1A, J2A
        Facsimile......................  F1C, F3C, J2C, J3C
        Alaska--Fixed..................  A1A, J2A
    4000-27500 kHz:
        Manual \16\....................  A1A, J2A, J2B, J2D
        DSC \18\.......................  F1B, J2B
        NB-DP \14\ \18\................  F1B, J2B, J2D
        Facsimile......................  F1C, F3C, J2C, J3C
        Alaska-Fixed\17\ \18\..........  A1A, A2A, F1B, F2B, J2B, J2D
    72-76 MHz \2\ \18\.................  A1A, A2A, F1B, F2B
    156-162 MHz \2\ \20\...............  F1B, F2B, F2C, F3C, F1D, F2D
        DSC............................  G2B
    216-220 MHz \3\....................  F1B, F2B, F2C, F3C
Radiotelephony:
    1605-27500 kHz \18\ \19\...........  H3E, J3E, R3E
    72-76 MHz..........................  A3E, F3E, G3E
    156-470 MHz........................  G3E
Radiodetermination:
    2.4-9.6 GHz........................  PON
Distress, Urgency and Safety \8\ \9\
    2182 kHz \10\ \11\.................  A2B, A3B, H2B, H3E, J2B, J3E
    121.500 MHz........................  A3E, A3X, N0N
    123.100 MHz........................  A3E
    156.750 and 156.800 MHz \13\.......  G3E, G3N
    243.000 MHz........................  A3E, A3X, N0N
    406.025 MHz........................  G1D
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
  establishment.
\2\ Frequencies used for public correspondence and in Alaska 156.425
  MHz. See Sec.  Sec.   80.371(c), 80.373(f) and 80.385(b). Transmitters
  approved before January 1, 1994, for G3E emissions will be authorized
  indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
  approved on or after January 1, 1994, will be authorized for F2C, F3C,
  F1D or F2D emissions only if they are approved specifically for each
  emission designator.
\3\ Frequencies used in the Automated Maritime Telecommunications System
  (AMTS). See Sec.   80.385(b).
\4\ Types of emission are determined by the INMARSAT Organization.

[[Page 64673]]

 
\5\ Transmitters approved prior to December 31, 1969, for emission H3E,
  J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to be
  operated. These transmitters will not be authorized in new
  installations.
\6\ G3D emission must be used only by one-board stations for maneuvering
  or navigation.
\7\ Frequencies used for cable repair operations. See Sec.   80.375(b).
\8\ For direction finding requirements see Sec.   80.375.
\9\ Includes distress emissions used by ship, coast, EPIRBs and survival
  craft stations.
\10\ On 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission
  of the auto alarm signals.
\11\ Ships on domestic voyages must use J3E emission only.
\12\ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz,
  454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and
  related telecommand operations.
\13\ Class C EPIRB stations may not be used after February 1, 1999.
\14\ NB-DP operations which are not in accordance with CCIR
  Recommendation 625 or 476 are permitted to utilize any modulation, so
  long as emissions are within the limits set forth in Sec.   80.211(f).
\15\ J2B is permitted only on 2000-27500 kHz.
\16\ J2D is permitted only on 2000-27500 kHz, and ship stations
  employing J2D emissions shall at no time use a peak envelope power in
  excess of 1.5 kW per channel.
\17\ J2B and J2D are permitted provided they do not cause harmful
  interference to A1A.
\18\ Coast stations employing J2D emissions shall at no time use a peak
  envelope power in excess of 10 kW per channel.
\19\ J2D is permitted only on 2000-27500 kHz.
\20\ If a station uses another type of digital emission, it must comply
  with the emission mask requirements of Sec.   90.210 of this Chapter,
  except that Automatic Identification System (AIS) transmissions do not
  have to comply with the emission mask requirements of Sec.   90.210 of
  this Chapter.


0
12. Section 80.213 is amended by revising paragraph (d) to read as 
follows:


Sec.  80.213  Modulation requirements.

* * * * *
    (d) Ship and coast station transmitters operating in the 156-162 
MHz and 216-220 bands must be capable of proper operation with a 
frequency deviation that does not exceed 5 kHz when using 
any emission authorized by Sec.  80.207.
* * * * *

0
13. Section 80.215 is amended by revising paragraph (g) to read as 
follows:


Sec.  80.215  Transmitter power.

* * * * *
    (g) The carrier power of ship station radiotelephone transmitters, 
except portable transmitters, operating in the 156-162 MHz band must be 
at least 8 but not more than 25 watts. Transmitters that use 12 volt 
lead acid storage batteries as a primary power source must be measured 
with a primary voltage between 12.2 and 13.7 volts DC. Additionally, 
unless otherwise indicated, equipment in radiotelephone ship stations 
operating in the 156-162 MHz band must meet the following requirements:
    (1) All transmitters and remote control units must be capable of 
reducing the carrier power to one watt or less;
    (2) Except as indicated in (g)(4) of this section, all transmitters 
manufactured after January 21, 1987, or in use after January 21, 1997, 
must automatically reduce the carrier power to one watt or less when 
the transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be 
provided with a manual override switch which when held by an operator 
will permit full carrier power operation on 156.375 MHz and 156.650 
MHz;
    (3) Except as indicated in (g)(4) of this section, all ship station 
transmitters installed after January 9, 2006, must be capable of tuning 
to 156.775 MHz and 156.825 MHz and must automatically reduce the 
carrier power to one watt or less, with no manual override capability, 
when the transmitter is tuned to either 156.775 MHz or 156.825 MHz;
    (4) Hand-held portable transmitters are not required to comply with 
the automatic reduction of carrier power in (g)(2) of this section; and
    (5) Transmitters dedicated for use on public correspondence duplex 
channels as additional equipment to a VHF ship station in the Great 
Lakes which meet all pertinent rules in this part are not required to 
reduce their carrier power to one watt.
* * * * *

0
14. Section 80.275 is added to read as follows:


Sec.  80.275  Technical Requirements for Automatic Identification 
Systems (AIS) equipment.

    (a) Prior to submitting a certification application for an AIS 
device, the following information must be submitted in duplicate to the 
Commandant (G-MSE), U.S. Coast Guard, 2100 2nd Street, SW., Washington 
DC 20593-0001:
    (1) The name of the manufacturer or grantee and the model number of 
the AIS device;
    (2) Copies of the test report and test data obtained from the test 
facility showing that the device complies with the environmental and 
operational requirements identified in Sec.  80.1101.
    (b) After reviewing the information described in paragraph (a) of 
this section, the U.S. Coast Guard will issue a letter stating whether 
the AIS device satisfies all of the requirements specified in Sec.  
80.1101.
    (c) A certification application for an AIS device submitted to the 
Commission must contain a copy of the U.S. Coast Guard letter stating 
that the device satisfies all of the requirements specified in Sec.  
80.1101, a copy of the technical test data, and the instruction 
manual(s).


Sec.  80.301  [Amended]

0
14a. Section 80.301 is amended by removing paragraph (a) and 
redesignating paragraphs (b) through (d) as paragraphs (a) through (c).

0
15. Section 80.302 is amended by revising paragraph (a) to read as 
follows:


Sec.  80.302  Notice of discontinuance, reduction, or impairment of 
service involving a distress watch.

    (a) When changes occur in the operation of a public coast station 
which include discontinuance, relocation, reduction or suspension of a 
watch required to be maintained on 2182 kHz or 156.800 MHz, 
notification must be made by the licensee to the nearest district 
office of the U.S. Coast Guard as soon as practicable. The notification 
must include the estimated or known resumption time of the watch.
* * * * *

0
16. Section 80.304 is revised to read as follows:


Sec.  80.304  Watch requirement during silence periods.

    Each ship station operating on telephony on frequencies in the band 
1605-3500 kHz must maintain a watch on the frequency 2182 kHz. This 
watch must be maintained at least twice each hour for 3 minutes 
commencing at x h.00 and x h.30 Coordinated Universal Time (UTC) using 
either a loudspeaker or headphone. Except for distress, urgency or 
safety messages, ship stations must not transmit during the silence 
periods on 2182 kHz.


Sec.  80.305  [Amended]

0
17. Section 80.305 is amended by removing paragraph (a)(1) and 
redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(1) and 
(a)(2).

[[Page 64674]]

Sec.  80.306  [Removed]

0
18. Remove Sec.  80.306.

0
19. Section 80.319 is amended by revising paragraph (c) to read as 
follows:


Sec.  80.319  Radiotelegraph distress call and message transmission 
procedure.

* * * * *
    (c) The distress message, preceded by the distress call, must be 
repeated at intervals until an answer is received. The radiotelegraph 
alarm signal may also be repeated, if necessary.
* * * * *

0
20. Section 80.329 is amended by revising paragraph (d) to read as 
follows:


Sec.  80.329  Safety signals.

* * * * *
    (d) The safety signal and call must be sent on one of the 
international distress frequencies (2182 kHz or 156.8 MHz 
radiotelephone). Stations which cannot transmit on a distress frequency 
may use any other available frequency on which attention might be 
attracted.


Sec.  80.330  [Amended]

0
21. Section 80.330 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c).


Sec.  80.355  [Amended]

0
22. Section 80.355 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c).


Sec.  80.357  [Amended]

0
23. Section 80.357 is amended by removing paragraph (b)(2)(iv).

0
24. Section 80.371 is amended by revising paragraphs (c)(1)(ii) 
introductory text and (c)(1)(iii) to read as follows:


Sec.  80.371  Public correspondence frequencies.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Service areas in the marine VHF 156-162 MHz band are VHF 
Public Coast Station Areas (VPCSAs). As listed in the table in this 
paragraph, VPCSAs are based on, and composed of one or more of, the 
U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 
(March 10, 1995). In addition, the Commission shall treat Guam and the 
Northern Mariana Islands, Puerto Rico and the United States Virgin 
Islands, American Samoa, and the Gulf of Mexico as EA-like areas, and 
has assigned them EA numbers 173-176, respectively. Maps of the EAs and 
VPCSAs are available for public inspection and copying at the FCC 
Public Reference Room, Room CY-A257, 445 12th Street, SW., Washington, 
DC 20554. Except as shown in the table, the frequency pairs listed in 
paragraph (c)(1)(i) of this section are available for assignment to a 
single licensee in each of the VPCSAs listed in the table in this 
paragraph. In addition to the EAs listed in the table in this 
paragraph, each VPCSA also includes the adjacent waters under the 
jurisdiction of the United States. * * *
    (iii) Subject to paragraph (c)(3) of this section, each licensee 
may also operate on 12.5 kHz offset frequencies in areas where the 
licensee is authorized on both frequencies adjacent to the offset 
frequency, and in areas where the licensee on the other side of the 
offset frequency consents to the licensee's use of the adjacent offset 
frequency. Coordination with Canada is required for offset operations 
under any circumstance in which operations on either adjoining 25 kHz 
channel would require such coordination. See Sec.  80.57 of this part.
* * * * *

0
25. Section 80.373 is amended by revising paragraph (f) to read as 
follows:


Sec.  80.373  Private communications frequencies.

* * * * *
    (f) Frequencies in the 156-162 MHz band. The following tables 
describe the carrier frequencies available in the 156-162 MHz band for 
radiotelephone communications between ship and private coast stations. 
(Note: the letter ``A'' following the channel designator indicates 
simplex operation on a channel designated internationally as a duplex 
channel.)

                                       Frequencies in the 156-162 MHz Band
----------------------------------------------------------------------------------------------------------------
                                          Carrier frequency  Carrier frequency       Points of communication
           Channel designator                 (MHz) ship        (MHz) coast     (intership and between coast and
                                               transmit           transmit      ship unless otherwise indicated)
----------------------------------------------------------------------------------------------------------------
                                                 Port Operations
----------------------------------------------------------------------------------------------------------------
01A\1\..................................            156.050            156.050  ................................
63A\1\..................................            156.175            156.175  ................................
05A \2\.................................            156.250            156.250
65A.....................................            156.275            156.275  ................................
66A.....................................            156.325            156.325  ................................
12 \3\..................................            156.600            156.600  ................................
73......................................            156.675            156.675  ................................
14 \3\..................................            156.700            156.700  ................................
74......................................            156.725            156.725  ................................
75 \18\.................................            156.775            156.775  ................................
76 \18\.................................            156.825            156.825  ................................
77 \4\..................................            156.875  .................  Intership only.
20A \12\................................            157.000  .................  Intership only.
-----------------------------------------
                                       Navigational (Bridge-to-Bridge) \5\
----------------------------------------------------------------------------------------------------------------
13 \6\..................................            156.650            156.650
67 \7\..................................            156.375            156.375  ................................
-----------------------------------------
                                                   Commercial
----------------------------------------------------------------------------------------------------------------
01A\1\..................................            156.050            156.050  ................................
63A\1\..................................            156.175            156.175  ................................
07A.....................................            156.350            156.350  ................................
67 \7\..................................            156.375  .................  Intership only.

[[Page 64675]]

 
08......................................            156.400  .................  Do.
09......................................            156.450            156.450  ................................
10......................................            156.500            156.500  ................................
11 \3\..................................            156.550            156.550  ................................
18A.....................................            156.900            156.900  ................................
19A.....................................            156.950            156.950  ................................
79A.....................................            156.975            156.975  ................................
80A.....................................            157.025            157.025  ................................
88A\8\..................................            157.425  .................  Intership only.
72 \14\.................................            156.625  .................  Intership only.
-----------------------------------------
                                            Digital Selective Calling
----------------------------------------------------------------------------------------------------------------
70 \15\.................................            156.525            156.525  ................................
-----------------------------------------
                                                  Noncommercial
----------------------------------------------------------------------------------------------------------------
68 \17\.................................            156.425            156.425  ................................
09 \16\.................................            156.450            156.450  ................................
69......................................            156.475            156.475  ................................
71......................................            156.575            156.575  ................................
72......................................            156.625  .................  Intership only.
78A.....................................            156.925            156.925  ................................
79A.....................................            156.975            156.975  Great Lakes only.
80A.....................................            157.025            157.025  Do.
67 \14\.................................            156.375  .................  Intership only.
-----------------------------------------
                                          Distress, Safety and Calling
----------------------------------------------------------------------------------------------------------------
16......................................            156.800            156.800  ................................
-----------------------------------------
                                                Intership Safety
----------------------------------------------------------------------------------------------------------------
06......................................            156.300  .................  a. Intership, or b. For SAR:
                                                                                 Ship and aircraft for the U.S.
                                                                                 Coast Guard.
-----------------------------------------
                                                  Environmental
----------------------------------------------------------------------------------------------------------------
15 \13\.................................  .................            156.750  Coast to ship only.
-----------------------------------------
                                                Maritime Control
----------------------------------------------------------------------------------------------------------------
17 \9\ \10\.............................            156.850            156.850  ................................
-----------------------------------------
                                 Liaison and Safety Broadcasts, U.S. Coast Guard
----------------------------------------------------------------------------------------------------------------
22A\11\.................................            157.100            157.100  Ship, aircraft, and coast
                                                                                 stations of the U.S. Coast
                                                                                 Guard and at Lake Mead, Nev.,
                                                                                 ship and coast stations of the
                                                                                 National Park Service, U.S.
                                                                                 Department of the Interior.
----------------------------------------------------------------------------------------------------------------
\1\ 156.050 MHz and 156.175 MHz are available for port operations and commercial communications purposes when
  used only within the U.S. Coast Guard designated Vessel Traffic Services (VTS) area of New Orleans, on the
  lower Mississippi River from the various pass entrances in the Gulf of Mexico to Devil's Swamp Light at River
  Mile 242.4 above head of passes near Baton Rouge.
\2\ 156.250 MHz is available for port operations communications use only within the U.S. Coast Guard designated
  VTS radio protection areas of New Orleans and Houston described in Sec.   80.383. 156.250 MHz is available for
  intership port operations communications used only within the area of Los Angeles and Long Beach harbors,
  within a 25-nautical mile radius of Point Fermin, California.
\3\ 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S. Coast Guard designated port areas only
  for VTS communications and in the Great Lakes available primarily for communications relating to the movement
  of ships in sectors designated by the St. Lawrence Seaway Development Corporation or the U.S. Coast Guard. The
  use of these frequencies outside VTS and ship movement sector protected areas is permitted provided they cause
  no interference to VTS and ship movement communications in their respective designated sectors.
\4\ Use of 156.875 MHz is limited to communications with pilots regarding the movement and docking of ships.
  Normal output power must not exceed 1 watt.
\5\ 156.375 MHz and 156.650 MHz are available primarily for intership navigational communications. These
  frequencies are available between coast and ship on a secondary basis when used on or in the vicinity of locks
  or drawbridges. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts for
  coast stations or 25 watts for ship stations.
\6\ On the Great Lakes, in addition to bridge-to-bridge communications, 156.650 MHz is available for vessel
  control purposes in established vessel traffic systems. 156.650 MHz is not available for use in the
  Mississippi River from South Pass Lighted Whistle Buoy ``2'' and Southwest Pass entrance Mid-channel Lighted
  Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge. Additionally it is not available for use in
  the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational
  Canal, except to aid the transition from these areas.

[[Page 64676]]

 
\7\ Use of 156.375 MHz is available for navigational communications only in the Mississippi River from South
  Pass Lighted Whistle Buoy ``2'' and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4
  above Head of Passes near Baton Rouge, and in addition over the full length of the Mississippi River-Gulf
  Outlet Canal from entrance to its junction with the Inner Harbor Navigational Canal, and over the full length
  of the Inner Harbor Navigational Canal from its junction with the Mississippi River to its entry to Lake
  Pontchartrain at the New Seabrook vehicular bridge.
\8\ Within 120 km (75 miles) of the United States/Canada border, in the area of the Puget Sound and the Strait
  of Juan de Fuca and its approaches, 157.425 MHz is half of the duplex pair designated as Channel 88. In this
  area, Channel 88 is available to ship stations for communications with public coast stations only. More than
  120 km (75 miles) from the United States/Canada border, in the area of the Puget Sound and the Strait of Juan
  de Fuca, its approaches, the Great Lakes, and the St. Lawrence Seaway, 157.425 MHz is available for intership
  and commercial communications. Outside Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is
  also available for communications between commercial fishing vessels and associated aircraft while engaged in
  commercial fishing activities.
\9\ When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training
  exercises conducted by state or local governments.
\10\ The frequency 156.850 MHz is additionally available to coast stations on the Great Lakes for transmission
  of scheduled Coded Marine Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and unscheduled
  Notices to Mariners or Bulletins. F3C and J3C emissions are permitted. Coast stations on the Great Lakes must
  cease weather broadcasts which cause interference to stations operating on 156.800 MHz until the interference
  problem is resolved.
\11\ The frequency 157.100 MHz is authorized for search and rescue training exercises by state or local
  government in conjunction with U.S. Coast Guard stations. Prior U.S. Coast Guard approval is required. Use
  must cease immediately on U.S. Coast Guard request.
\12\ The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications.
\13\ Available for assignment to coast stations, the use of which is in accord with an agreed program, for the
  broadcast of information to ship stations concerning the environmental conditions in which vessels operate,
  i.e., weather; sea conditions; time signals; notices to mariners; and hazards to navigation.
\14\ Available only in the Puget Sound and the Strait of Juan de Fuca.
\15\ The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital
  selective calling techniques. No other uses are permitted.
\16\ The frequency 156.450 MHz is available for intership, ship and coast general purpose calling by
  noncommercial vessels, such as recreational boats and private coast stations.
\17\ The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile
  transmissions as well as voice communications.
\18\ The frequencies 156.775 and 156.825 MHz are available for navigation-related port operations or ship
  movement only, and all precautions must be taken to avoid harmful interference to channel 16. Transmitter
  output power is limited to 1 watt for ship stations, and 10 watts for coast stations.

* * * * *

0
26. Section 80.405 is amended by revising paragraph (c) to read as 
follows:


Sec.  80.405  Station license.

* * * * *
    (c) Posting. (1) The current station authorization for a station 
other than a public coast station, or a clearly legible copy, must be 
posted at the principal control point of each station. If a copy is 
posted, it must indicate the location of the original. When the station 
license cannot be posted as in the case of a marine utility station 
operating at temporary unspecified locations or the ship or 
recreational boat does not have an enclosed wheelhouse, it must be kept 
where it will be readily available for inspection. The licensee of a 
station on board a ship subject to Part II or III or Title III of the 
Communications Act or the Safety Convention must retain the most 
recently expired ship station license in the station records until the 
first Commission inspection after the expiration date.
    (2) Public coast stations authorized under this part must make 
available either a clearly legible copy of the authorization for each 
station at the principal control point of the station or an address or 
location where the current authorization may be found and a telephone 
number of that authorization's representative.

0
27. Section 80.409 is amended by revising paragraphs (b)(2) and (c), by 
removing paragraphs (d)(4), (d)(5), and (d)(11), and redesignating 
paragraphs (d)(6) through (d)(10) as paragraphs (d)(4) through (d)(8).


Sec.  80.409  Station logs.

* * * * *
    (b) * * *
    (2) Logs containing entries required by paragraph (c) of this 
section must be kept either at the principal control point of the 
station or electronically filed at the station licensee's primary 
office or available to the Commission via secured access to the 
licensee's Internet web site. Logs containing entries required by 
paragraphs (e) and (f) of this section must be kept at the principal 
radiotelephone operating location while the vessel is being navigated. 
All entries in their original form must be retained on board the vessel 
for at least 30 days from the date of entry. Additionally, logs 
required by paragraph (f) of this section must be retained on board the 
vessel for a period of 2 years from the date of the last inspection of 
the ship radio station.
* * * * *
    (c) Public coast station logs. Public coast stations must maintain 
a log, whether by means of written or automatic logging or a 
combination thereof. The log must contain the following information:
    (1) ``ON DUTY'' must be entered by the operator beginning a duty 
period, followed in the case of a written log by the operator's 
signature. ``OFF DUTY'' must be entered by the operator being relieved 
of or terminating duty, followed in the case of a written log by the 
operator's signature.
    (2) The date and time of making an entry must be shown opposite the 
entry.
    (3) Failure of equipment to operate as required and incidents 
tending to unduly delay communication must be entered.
    (4) All measurements of the transmitter frequency(ies) must be 
entered with a statement of any corrective action taken.
    (5) Entries must be made giving details of all work performed which 
may affect the proper operation of the station. The entry must be made, 
dated and in the case of a written log signed by the operator who 
supervised or performed the work and, unless the operator is regularly 
employed on a full-time basis at the station, must also include the 
mailing address, class, serial number, and expiration date of the 
operator license.
    (6) Entries must be made about the operation of the antenna tower 
lights when the radio station has an antenna structure requiring 
illumination by part 17 of this chapter.
    (7) All distress or safety related calls transmitted or received 
must be entered, together with the frequency used and the position of 
any vessel in need of assistance.
* * * * *

0
28. Section 80.471 is revised to read as follows:

[[Page 64677]]

Sec.  80.471  Discontinuance or impairment of service.

    Except as specified in Sec.  20.15(b)(3) of this chapter with 
respect to commercial mobile radio service providers, a public coast 
station must not discontinue or impair service unless authorized to do 
so by the Commission.

0
29. Section 80.905 is amended by revising paragraph (a) to read as 
follows:


Sec.  80.905  Vessel radio equipment.

    (a) Vessels subject to part III of title III of the Communications 
Act that operate in the waters described in Sec.  80.901 must, at a 
minimum, be equipped as follows:
    (1) Vessels operated solely within the communications range of a 
VHF public coast station or U.S. Coast Guard station that maintains a 
watch on 156.800 MHz while the vessel is navigated must be equipped 
with a VHF-DSC radiotelephone installation, except that a VHF 
radiotelephone installation without DSC capability is permitted until 
one year after the Coast Guard notifies the Commission that shore-based 
sea area A1 coverage is established. Vessels in this category must not 
operate more than 20 nautical miles from land.
    (2) Vessels operated beyond the 20 nautical mile limitation 
specified in paragraph (a)(1) of this section, but not more than 100 
nautical miles from the nearest land, must be equipped with a MF-DSC 
frequency transmitter capable of transmitting J3E emission and a 
receiver capable of reception of J3E emission within the band 1710 to 
2850 kHz, in addition to the VHF-DSC radiotelephone installation 
required by paragraph (a)(1) of this section, except that a MF 
radiotelephone installation without DSC capability is permitted until 
one year after the Coast Guard notifies the Commission that shore-based 
sea area A2 coverage is established. The MF or MF-DSC transmitter and 
receiver must be capable of operation on 2670 kHz.
    (3) Vessels operated more than 100 nautical miles but not more than 
200 nautical miles from the nearest land must:
    (i) Be equipped with a VHF-DSC radiotelephone installation, except 
that a VHF radiotelephone installation without DSC capability is 
permitted until one year after the Coast Guard notifies the Commission 
that shore-based sea area A1 coverage is established;
    (ii) Be equipped with an MF-DSC radiotelephone transmitter and 
receiver meeting the requirements of paragraph (a)(2) of this section, 
except that a MF radiotelephone installation without DSC capability is 
permitted until one year after the Coast Guard notifies the Commission 
that shore-based sea area A2 coverage is established; and
    (iii) Be equipped with either:
    (A) A DSC-capable single sideband radiotelephone that complies with 
ITU-R Rec. (series) M.493 Class A, B or E, and is capable of operating 
on all distress and safety frequencies in the medium frequency and high 
frequency bands listed in Sec.  80.369(a) and (b), on all of the ship-
to-shore calling frequencies in the high frequency bands listed in 
Sec.  80.369(d), and on at least four of the automated mutual-
assistance vessel rescue (AMVER) system HF duplex channels (this 
requirement may be met by the addition of such frequencies to the 
radiotelephone installation required by paragraph (a)(2) of this 
section); or
    (B) If operated in an area within the coverage of an INMARSAT 
maritime mobile geostationary satellite in which continuous alerting is 
available, an INMARSAT B, C, or M ship earth station, or an INMARSAT A 
ship earth station if installed prior to February 12, 2004.
    (iv) Be equipped with a reserve power supply meeting the 
requirements of Sec. Sec.  80.917(b), 80.919 and 80.921, and capable of 
powering the single sideband radiotelephone or the ship earth station 
(including associated peripheral equipment) required by paragraph 
(a)(3)(iii) of this section, including the navigation receiver referred 
to in Sec.  80.905(a)(5);
    (v) Be equipped with a NAVTEX receiver conforming to the following 
performance standards: IMO Resolution A.525(13) and ITU-R 
Recommendation 540;
    (vi) Be equipped with a Category I 406-406.1 MHz satellite 
emergency position-indicating radiobeacon (EPIRB) meeting the 
requirements of Sec.  80.1061 or, if the ship is not operating in sea 
area A4, as defined in Sec.  80.1069(a)(4), an automatic float-free 
INMARSAT-E EPIRB meeting the requirements of Sec.  80.1063; and
    (vii) Participate in the AMVER system while engaged on any voyage 
where the vessel is navigated in the open sea for more than 24 hours. 
Copies of the AMVER Bulletin are available at: AMVER Maritime 
Relations, USCG Battery Park Building, Room 201, New York, NY 10004-
1499. Phone 212-668-7764; Fax 212-668-7684.
    (4) Vessels operated more than 200 nautical miles from the nearest 
land must:
    (i) Be equipped with two VHF-DSC radiotelephone installations, 
except that VHF radiotelephone installations without DSC capability are 
permitted until one year after the Coast Guard notifies the Commission 
that shore-based sea area A1 coverage is established;
    (ii) Be equipped with an MF-DSC radiotelephone transmitter and 
receiver meeting the requirements of paragraph (a)(2) of this section, 
except that a MF radiotelephone installation without DSC capability is 
permitted until one year after the Coast Guard notifies the Commission 
that shore-based sea area A2 coverage is established;
    (iii) Be equipped with either:
    (A) A DSC-capable independent single sideband radiotelephone that 
complies with ITU-R Rec. (series) M.493 Class A, B or E, and is capable 
of operating on all distress and safety frequencies in the medium 
frequency and high frequency bands listed in Sec.  80.369(a) and (b), 
on all of the ship-to-shore calling frequencies in the high frequency 
bands listed in Sec.  80.369(d), and on at least four of the automated 
mutual-assistance vessel rescue (AMVER) system HF duplex channels; or
    (B) If operated in an area within the coverage of an INMARSAT 
maritime mobile geostationary satellite in which continuous alerting is 
available, an INMARSAT B, C, or M ship earth station, or an INMARSAT A 
ship earth station if installed prior to February 12, 2004.
    (iv) Be equipped with a reserve power supply meeting the 
requirements of Sec. Sec.  80.917(b), 80.919 and 80.921, and capable of 
powering the single sideband radiotelephone or the ship earth station 
(including associated peripheral equipment) required by paragraph 
(a)(4)(iii) of this section, including the navigation receiver referred 
to in Sec.  80.905(a)(5);
    (v) Be equipped with a NAVTEX receiver conforming to the following 
performance standards: IMO Resolution A.525(13) and ITU-R 
Recommendation 540;
    (vi) Be equipped with a Category I 406-406.1 MHz satellite 
emergency position-indicating radiobeacon (EPIRB) meeting the 
requirements of Sec.  80.1061 or, if the ship is not operating in sea 
area A4, as defined in Sec.  80.1069(a)(4), an automatic float-free 
INMARSAT-E EPIRB meeting the requirements of Sec.  80.1063;
    (vii) Be equipped with a radiotelephone distress frequency watch 
receiver meeting the requirements of Sec.  80.269;
    (viii) Be equipped with an automatic radiotelephone alarm signal 
generator meeting the requirements of Sec.  80.221; and

[[Page 64678]]

    (ix) Participate in the AMVER system while engaged on any voyage 
where the vessel is navigated in the open sea for more than 24 hours. 
Copies of the AMVER Bulletin are available at: AMVER Maritime 
Relations, USCG Battery Park Building, Room 201, New York, NY 10004-
1499. Phone 212-668-7764; Fax 212-668-7684.
    (5) Vessels must comply with the requirements for a navigation 
receiver or manual updating of position information contained in Sec.  
80.1085(c).
* * * * *

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


Sec.  80.1061  Special requirements for 406.0-406.1 MHz EPIRB stations.

* * * * *
    (e) An identification code, issued by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager 
for the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed 
in each EPIRB unit to establish a unique identification for each EPIRB 
station. With each marketable EPIRB unit, the manufacturer or grantee 
must include a postage pre-paid registration card printed with the 
EPIRB identification code addressed to: NOAA/SARSAT Beacon 
Registration, E/SP3, Federal Building 4, Room 3320, 5200 Auth Road, 
Suitland, MD 20746-4304. The registration card must request the owner's 
name, address, telephone number, type of ship, alternate emergency 
contact and other information as required by NOAA. The registration 
card must also contain information regarding the availability to 
register the EPIRB at NOAA's online web-based registration database at: 
http://www/beaconregistration.noaa.gov. In addition, the following 
statement must be included: ``WARNING--failure to register this EPIRB 
with NOAA before installation could result in a monetary forfeiture 
being issued to the owner.''
    (f) To enhance protection of life and property it is mandatory that 
each 406.0-406.1 MHz EPIRB be registered with NOAA before installation 
and that information be kept up-to-date. Therefore, in addition to the 
identification plate or label requirements contained in Sec. Sec.  
2.925 and 2.926 of this chapter, each 406.0-406.1 MHz EPIRB must be 
provided on the outside with a clearly discernible permanent plate or 
label containing the following statement: ``The owner of this 406.0-
406.1 MHz EPIRB must register the NOAA identification code contained on 
this label with the National Oceanic and Atmospheric Administration 
(NOAA) whose address is: NOAA, NOAA/SARSAT Beacon Registration, E/SP3, 
Federal Building 4, Room 3320, 5200 Auth Road, Suitland, MD 20746-
4304.'' Vessel owners shall advise NOAA in writing upon change of 
vessel or EPIRB ownership, transfer of EPIRB to another vessel, or any 
other change in registration information. NOAA will provide registrants 
with proof of registration and change of registration postcards.
* * * * *

0
31. Section 80.1063 is added to read as follows:


Sec.  80.1063  Special requirements for INMARSAT-E EPIRB stations.

    (a) Notwithstanding the provisions in paragraph (b) of this 
section, INMARSAT-E EPIRBs must meet all the technical and performance 
standards contained in IEC 61097-5 Ed. 1.0, titled ``Global maritime 
and distress safety system (GMDSS)--Part 5: INMARSAT-E--Emergency 
position indicating radio beacon (EPIRB) operating through the INMARSAT 
system--Operational and performance requirements, methods of testing 
and required test results,'' including Annexes A, B, and C, 1997. IEC 
61097-5 Ed. 1.0, including Annexes A, B, and C, is incorporated by 
reference (see Sec.  80.1101).
    (b) Prior to submitting a certification application for an 
INMARSAT-E radiobeacon, the radiobeacon must be certified by INMARSAT 
as complying with IEC 61097-5 Ed. 1.0. In addition, the radiobeacon 
must be tested as to compliance with the environmental and operational 
requirements identified in this paragraph (b) by the test facility 
which conducted the INMARSAT certification tests, or a test facility 
recognized by the U.S. Coast Guard. Information regarding recognized 
test facilities may be obtained from Commandant (G-MSE), U.S. Coast 
Guard, 2100 2nd Street, SW., Washington, D.C. 20593-0001, http://www.uscg.mil/hq/g-m/mse/lablist/161.011.htm.
    (1) After an INMARSAT-E PIRB has been certified by the test 
facility, the following information must be submitted in duplicate to 
the Commandant (G-MSE), U.S. Coast Guard, 2100 2nd Street, SW., 
Washington D.C. 20593-0001:
    (i) The name of the manufacturer or grantee and the model number of 
the radiobeacon;
    (ii) Copies of the Inmarsat certification of compliance with IEC 
61097-5 Ed. 1.0;
    (iii) Copies of the test report and test data obtained from the 
test facility showing that the radiobeacon complies with IEC 61097-5 
Ed. 1.0 and the environmental and operational requirements identified 
in this paragraph (b); and
    (iv) Instruction manuals associated with the radiobeacon, 
description of the test characteristics of the radiobeacon including 
assembly drawings, electrical schematics, description of parts list, 
specifications of materials, and the manufacturer's quality assurance 
program.
    (2) After reviewing the information described in paragraph (c)(1) 
of this section, the U.S. Coast Guard will issue a letter stating 
whether the radiobeacon satisfies all of the requirements specified in 
paragrpahs (a) and (b) of this section.
    (c) A certification application for an INMARSAT-EPIRB submitted to 
the Commission must also contain a copy of the U.S. Coast Guard letter 
stating that the radiobeacon satisfies all of the requirements 
specified in paragraphs (a) and (b) of this section, a copy of the 
technical test data, and the instruction manual(s).
    (d) The manufacturer or grantee must include with each marketable 
INMARSAT-E EPIRB appropriate material for registration of the 
radiobeacon with INMARSAT, along with a written warning that failure to 
register the radiobeacon could delay rescue services in an emergency.
    (e) To enhance protection of life and property it is mandatory that 
each INMARSAT-E EPIRB be registered with INMARSAT before installation 
and that information be kept up-to-date. Therefore, in addition to the 
identification plate or label requirements contained in Sec. Sec.  
2.925 and 2.926 of this chapter, each INMARSAT-E EPIRB must be provided 
on the outside with a clearly discernable permanent plate or label 
containing the following statement: ``The owner of this INMARSAT-E 
EPIRB must register the NOAA identification code contained on this 
label with INMARSAT at the following address: INMARSAT, 99 City Road, 
London, EC1Y 1AX, United Kingdom.'' Vessel owners shall advise INMARSAT 
in writing upon change of vessel or EPIRB ownership, transfer of EPIRB 
to another vessel, or any other change in registration information.
    (f) For INMARSAT-E EPIRBs whose identification code can be changed 
after manufacture, the identification code shown on the plate or label 
must be easily replaceable using commonly available tools.

0
32. Section 80.1077 is revised to read as follows:

[[Page 64679]]

Sec.  80.1077  Frequencies.

    The following table describes the frequencies used in the Global 
Maritime Distress and Safety System:

Alerting:
    406.0-406.1 EPIRBs.................  406.0-406.1 MHz (Earth-to-
                                          space).
                                         1544-1545 MHz (space-to-Earth).
    INMARSAT-E EPIRBs..................  1626.5-1645.5 MHz (Earth-to-
                                          space).
    INMARSAT Ship Earth Stations         1626.5-1645.5 MHz (Earth-to-
     capable of voice and/or direct       space).
     printing.
    VHF DSC Ch. 70.....................  156.525 MHz.\1\
    MF/HF DSC\2\ \11\..................  2187.5 kHz\3\, 4207.5 kHz, 6312
                                          kHz, 8414.5 kHz, 12577 kHz,
                                          and 16804.5 kHz.
On-scene communications:
    VHF Ch.16..........................  156.8 MHz.
    MF Radiotelephony..................  2182 kHz.
    NBDP...............................  2174.5 kHz.
Communications involving aircraft:
    On-scene, including search and       156.8 MHz\4\, 121.5 MHz\5\,
     rescue.                              123.1 MHz, 156.3 MHz, 2182
                                          kHz, 3023 kHz, 4125 kHz, and
                                          5680 kHz.\6\
Locating signals:
    406-406.1 EPIRB Beacons............  121.5 MHz.
    9 GHz radar transponders...........  9200-9500 MHz.
Maritime safety information (MSI):
    International NAVTEX...............  518 kHz.\7\
    Warnings...........................  490 kHz, 4209.5 kHz.
    NBDP...............................  4210 kHz, 6314 kHz, 8416.5 kHz,
                                          12579 kHz, 16806.5 kHz,
                                          19680.5 kHz, 22376 kHz,
                                          26100.5 kHz.
    Satellite..........................  1530-1545 MHz.\10\
General distress and safety
 communications and calling:
    Satellite..........................  1530-1544 MHz (space-to-Earth)
                                          and 1626.5-1645.5 MHz (Earth-
                                          to-space).\10\
    Radiotelephony.....................  2182 kHz, 4125 kHz, 6215 kHz,
                                          8291 kHz, 12290 kHz, 16420
                                          kHz, and 156.8 MHz.
    NBDP...............................  2174.5 kHz, 4177.5 kHz, 6268
                                          kHz, 8376.5 kHz, 12520 kHz,
                                          and 16695 kHz.
    DSC................................  2187.5 kHz, 4207.5 kHz, 6312
                                          kHz, 8414.5 kHz, 12577 kHz,
                                          16804.5 kHz, and 156.525 MHz.
Survival craft:
    VHF radiotelephony.................  156.8 MHz and one other 156-174
                                          MHz frequency
    9 GHz radar transponders...........  9200-9500 MHz.
 
\1\ Frequency 156.525 MHz can be used for ship-to-ship alerting and, if
  within sea area A1, for ship-to-shore alerting.
\2\ For ships equipped with MF/HF equipment, there is a watch
  requirement on 2187.5 kHz, 8414.5 kHz, and one other frequency.
\3\ Frequency 2187.5 kHz can be used for ship-to-ship alerting and, if
  within sea area A2, for ship-to-shore alerting.
\4\ Frequency 156.8 MHz may also be used by aircraft for safety purposes
  only.
\5\ Frequency 121.5 MHz may be used by ships for aeronautical distress
  and urgency purposes.
\6\ The priority of use for ship-aircraft communications is 4125 kHz,
  then 3023 kHz. Additionally, frequencies 123.1 MHz, 3023 kHz and 5680
  kHz can be used by land stations engaged in coordinated search and
  rescue operations.
\7\ The international NAVTEX frequency 518 kHz is the primary frequency
  for receiving maritime safety information. The other frequencies are
  used only to augment the coverage or information provided on 518 kHz.
\8\ [Reserved]
\9\ [Reserved]
\10\ In addition to EPIRBs, 1544-1545 MHz can be used for narrowband
  distress and safety operations and 1645.5-1646.5 MHz can be used for
  relay of distress alerts between satellites. Feeder links for
  satellite communications are assigned from the fixed satellite
  service, see 47 CFR Sec.   2.106.
\11\ Routine calling is not permitted on MF and HF DSC frequencies.

* * * * *

0
33. Section 80.1083 is amended by adding paragraphs (e) through (g) to 
read as follows:


Sec.  80.1083  Ship radio installations.

* * * * *
    (e) In passenger ships, a distress panel shall be installed at the 
conning position. This panel shall contain either one single button 
which, when pressed, initiates a distress alert using all 
radiocommunications installations required on board for that purpose or 
one button for each individual installation. The panel shall clearly 
and visually indicate whenever any button or buttons have been pressed. 
Means shall be provided to prevent inadvertent activation of the button 
or buttons. If the satellite EPIRB is used as the secondary means of 
distress alerting and is not remotely activated, it shall be acceptable 
to have an additional EPIRB installed in the wheelhouse near the 
conning position.
    (f) In passenger ships, information on the ship's position shall be 
continuously and automatically provided to all relevant 
radiocommunications equipment to be included in the initial distress 
alert when the button or buttons on the distress panel is pressed.
    (g) In passenger ships, a distress alarm panel shall be installed 
at the conning position. The distress alarm panel shall provide visual 
and aural indication of any distress alert or alerts received on board 
and shall also indicate through which radiocommunication service the 
distress alerts have been received.

0
34. Section 80.1085 is amended by revising paragraph (a)(6)(i) and by 
adding paragraph (d) to read as follows:


Sec.  80.1085  Ship radio equipment-General.

    (a) * * *

[[Page 64680]]

    (6) * * *
    (i) Capable of transmitting a distress alert through the polar 
orbiting satellite service operating in the 406.0-406.1 MHz band 
(406.0-406.1 MHz EPIRB) of, if the ship is not operating in sea area 
A4, as defined in Sec.  80.1069(a)(4), the 1.6 GHz band (INMARSAT-E 
EPIRB); and
* * * * *
    (d) Every passenger ship shall be provided with means for two-way 
on-scene radiocommunications for search and rescue purposes using the 
aeronautical frequencies 121.5 and 123.1 MHz from the position from 
which the ship is normally navigated.

0
35. Section 80.1087 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  80.1087  Ship radio equipment--Sea area A1.

    (a) * * *
    (2) Through the polar orbiting satellite service on 406.0-406.1 MHz 
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be 
fulfilled by the EPIRB required by Sec.  80.1085(a)(6), either by 
installing the EPIRB close to, or by allowing remote activation from, 
the position from which the ship is normally navigated); or
* * * * *

0
36. Section 80.1089 is amended by revising paragraph (a)(3)(i) to read 
as follows:


Sec.  80.1089  Ship radio equipment--Sea areas A1 and A2.

    (a) * * *
    (3) * * *
    (i) Through the polar orbiting satellite service on 406.0-406.1 MHz 
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be 
fulfilled by the EPIRB required by Sec.  80.1085(a)(6), either by 
installing the EPIRB close to, or by allowing remote activation from, 
the position from which the ship is normally navigated); or
* * * * *

0
37. Section 80.1091 is amended by revising paragraph (a)(4)(i), 
redesignating paragraph (b)(3)(ii) as (b)(3)(iii), and adding a new 
paragraph (b)(3)(ii) to read as follows:


Sec.  80.1091  Ship radio equipment--Sea areas A1, A2, and A3.

* * * * *
    (a) * * *
    (4) * * *
    (i) Through the polar orbiting satellite service on 406.0-406.1 MHz 
or the INMARSAT-E service in the 1.6 GHz band (this requirement may be 
fulfilled by the EPIRB required by Sec.  80.1085(a)(6), either by 
installing the EPIRB close to, or by allowing remote activation from, 
the position from which the ship is normally navigated); or
* * * * *
    (b) * * *
    (3) * * *
    (ii) Through the INMARSAT-E service in the 1.6 GHz band (this 
requirement may be fulfilled by the EPIRB required by Sec.  
80.1085(a)(6), either by installing the EPIRB close to, or by allowing 
remote activation from, the position from which the ship is normally 
navigated); or
* * * * *
0
38. Section 80.1093 is amended by revising paragraph (a) to read as 
follows:


Sec.  80.1093  Ship radio equipment--Sea areas A1, A2, A3, and A4.

* * * * *
    (a) In addition to meeting the requirements of Sec.  80.1085 of 
this part, ships engaged on voyages in all sea areas must be provided 
with the radio installations and equipment required by Sec.  
80.1091(b), except that the equipment required by Sec.  
80.1091(b)(3)(ii) and Sec.  80.1091(b)(3)(iii) cannot be accepted as an 
alternative to that required by Sec.  80.1091(b)(3)(i), which must 
always be provided.
* * * * *

0
39. Section 80.1101 is amended by adding a new sentence to the end of 
paragraph (b) introductory text, by redesignating paragraph (c)(11) as 
(c)(13) and adding new paragraphs (c)(11) and (c)(12) to read as 
follows:


Sec.  80.1101  Performance standards.

* * * * *
    (b) * * *
    The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (c) * * *
    (11) INMARSAT-E EPIRBs: (i) IMO Resolution A.812(19), ``Performance 
Standards for Float-Free Satellite EPIRBs Operating Through the 
Geostationary INMARSAT Satellite System on 1.6 GHz,'' adopted 23 
November 1995, and Annex, ``Recommendation on Performance.''.
    (ii) IMO Resolution A.662(16), ``Performance Standards for Float-
Free Release and Activation Arrangements for Emergency Radio 
Equipment,'' with Annex, adopted 19 October 1989.
    (iii) Recommendation ITU-R M.632-3, ``Transmission Characteristics 
of a Satellite Emergency Position Indicating Radio Beacon (Satellite 
EPIRB) System Operating Through Geostationary Satellites in the 1.6 GHz 
Band,'' 1997.
    (iv) IEC 61097-5, First Edition ``Global maritime distress and 
safety system (GMDSS)--Part 5: Inmarsat-E Emergency position indicating 
radio beacon (EPIRB) operating through the Inmarsat system--operational 
and performance requirements, methods of testing and required test 
results,'' including Annexes A, B, and C, 1997.
    (v) The INMARSAT E-EPIRBs must also comply with Sec.  80.1063.
    (12) Automatic Identification Systems (AIS): (i) ITU-R M.1371-1, 
``Technical characteristics for a universal shipborne automatic 
identification system using time division multiple access in the VHF 
maritime mobile band,'' with Annexes, August 2001.
    (ii) IMO Resolution MSC.74(69), ``Adoption of New and Amended 
Performance Standards, Annex 3 Recommendation on Performance Standards 
for a Universal Shipborne Automatic Identification Systems (AIS),'' 
adopted 12 May 1998.
    (iii) IEC 61162-1, Second Edition, ``Maritime navigation and 
radiocommunication equipment and systems--Digital interfaces--Part 1: 
Single talker and multiple listeners,'' July 2000.
    (iv) IEC 61162-100, Edition 1.0, ``Maritime navigation and 
radiocommunication equipment and systems--Digital interfaces--Part 100: 
Single talker and multiple listeners--Extra requirements to IEC 61162-1 
for the UAIS,'' April 2002.
    (v) IEC 61993-2, First Edition, ``Maritime navigation and 
radiocommunication equipment and systems--Automatic identification 
systems (AIS)--Part 2: Class A shipborne equipment of the universal 
automatic identification system (AIS)--Operational and performance 
requirements, methods of test and required test results,'' December 
2001, with Annexes.
* * * * *

0
40. Section 80.1103 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  80.1103  Equipment authorization.

* * * * *
    (b) Applicants for certification must submit with their 
applications measurement data sufficiently complete to ensure 
compliance with the technical parameters. The application must include 
the items listed in 47 CFR 2.1033. Additional measurement data or 
information may be requested depending upon the equipment. For items 
not listed in Sec.  2.1033 of this chapter, the applicant must attest 
that the equipment complies with performance standards as specified in 
Sec.  80.1101 and, where applicable, that

[[Page 64681]]

measurements have been made that demonstrate the necessary compliance. 
Submission of representative data demonstrating compliance is not 
required unless requested by the Commission.
    (c) Applicants for verification must attest that the equipment 
complies with performance standards as specified in Sec.  80.1101 and, 
where applicable, that measurements have been made that demonstrate the 
necessary compliance. Submission of representative data demonstrating 
compliance is not required unless requested by the Commission. An 
application must include the items listed in Sec. Sec.  2.953 and 2.955 
of this chapter and a copy of the INMARSAT type-approval certification 
indicating that equipment meets GMDSS standards and includes all 
peripheral equipment associated with the specific unit under review.
* * * * *
[FR Doc. 04-23759 Filed 11-5-04; 8:45 am]
BILLING CODE 6712-01-P