[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Proposed Rules]
[Pages 18249-18256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07140]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 80 and 95

[WT Docket No. 14-36; FCC 14-20]


Maritime Radio Equipment and Related Matters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) invites comment on issues regarding updating rules 
and requirements for technologies used to locate and rescue distressed 
ships and individuals in distress at sea or on land to provide better 
and more accurate data to rescue personnel. The Commission also invites 
comments on rules regarding radar equipment, the use of portable marine 
Very High Frequency (VHF) transmitters by persons on shore;

[[Page 18250]]

permitting VHF digital small message service (VDSMS); and allowing 
assignment or transfer of control of ship station licenses.
    These rules will enable the maritime radio services to better 
protect lives and property at sea, as well as support improved day-to-
day operations. New technologies will be used to locate and rescue 
distressed ships and individuals in distress at sea or on land to 
provide better and more accurate data to rescue personnel.

DATES: Submit comments on or before June 2, 2014, and reply comments 
are due on or before June 30, 2014.

ADDRESSES: You may submit comments, identified by WT Docket No. 14-36, 
FCC 14-20, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Federal Communications Commission, 445 12th Street 
SW., Washington, DC 20554.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: James Shaffer, [email protected], 
Wireless Telecommunications Bureau, (202) 418-0687, or TTY (202) 418-
7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (``NPRM'') in WT Docket No. 14-36, FCC 14-20, 
adopted on February 27, 2014, and released on February 28, 2014. 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, Best Copy and Printing, Inc., 
445 12th Street SW., Room CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by sending an email to 
[email protected] or by calling the Consumer & Governmental Affairs Bureau 
at 202-418-0530 (voice), 202-418-0432 (tty).
    1. In this NPRM the Commission invites comment on whether to amend 
Parts 80 and 95 of our rules to: (1) Require emergency position 
indicating radio beacons (EPIRBs) to be capable of broadcasting 
position data when activated, which will improve the ability of rescue 
personnel to locate distressed ships; (2) update the equipment 
standards for Personal Locator Beacons (PLBs) to ensure that PLBs meet 
updated functional and technical parameters; (3) authorize equipment 
certification and use of Satellite Emergency Notification Devices 
(SENDs) that comply with RTCM standards, providing for the use of 
additional technologies for safety of life and rescue scenarios; (4) 
permit equipment certification and use of Maritime Survivor Locating 
Devices (MSLDs) that comply with RTCM standards, in order to enhance 
maritime safety; (5) provide for equipment certification and use of 
Automatic Identification System Search and Rescue Transmitters (AIS-
SARTs) that comply with international standards, which will contribute 
to maritime safety; (6) clarify the rules regarding radar equipment; 
(7) permit the use of portable marine VHF radio transmitters by persons 
on shore; (8) permit VHF digital small message services (VDSMS) on 
certain maritime VHF channels; (9) allow assignment or transfer of 
control of ship station licenses, removing a regulatory hurdle to 
secondary market transactions; and (10) correct certain typographical 
errors.

I. Procedural Matters

Paperwork Reduction Analysis

    2. This NPRM does not contain proposed information collection(s) 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain a proposed new or modified 
``information collection burden for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Ex Parte Presentations

    3. This is a permit-but-disclose notice and comment in accordance 
with the Commission's ex parte rules. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must: (1) List 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made; and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda, or other filings in the proceeding, the presenter may 
provide citations to such data or arguments in his or her prior 
comments, memoranda, or other filings (specifying the relevant page 
and/or paragraph numbers where such data or arguments can be found) in 
lieu of summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with Sec.  1.1206(b). 
In proceedings governed by Sec.  1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Comment Dates and Filing Procedures

    4. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 CFR Sec. Sec.  1.415, 1.419, interested parties may file comments on 
or before June 2, 2014 and reply comments on or before June 30, 2014. 
All filings related to the NPRM should refer to WT Docket No. 14-36.
    5. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS), the Federal Government's eRulemaking Portal, or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    6. Comments may be filed electronically using the Internet by 
accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments.
    7. For ECFS filers, if multiple docket or rulemaking numbers appear 
in the caption of this proceeding, filers must transmit one electronic 
copy of the comments for each docket or rulemaking number referenced in 
the

[[Page 18251]]

caption. In completing the transmittal screen, filers should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet email. To get filing instructions, 
filers should send an email to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    8. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, filers must submit 
two additional copies for each additional docket or rulemaking number.
    9. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    10. The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building.
    11. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    12. U.S. Postal Service first-class, Express, and Priority mail 
should be addressed to 445 12th Street SW., Washington, DC 20554.
    13. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via email to 
[email protected].
    14. Availability of documents. The public may view the documents 
filed in this proceeding during regular business hours in the FCC 
Reference Information Center, Federal Communications Commission, 445 
12th Street SW., Room CY-A257, Washington, DC 20554, and on the 
Commission's Internet Home Page: <http://www.fcc.gov>. Copies of 
comments and reply comments are also available through the Commission's 
duplicating contractor: Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160, may be reached by email at [email protected] or via 
BCPI's Web site at . To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to  or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).

II. Initial Regulatory Flexibility Analysis

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

Need for, and Objectives of, the Proposed Rules

    16. In the NPRM, we seek comment on rule amendments that are 
intended to enhance maritime safety and promote the efficient use of 
maritime radio spectrum. We also seek to conform the Commission's part 
80 rules with international standards where doing so will not undermine 
domestic regulatory objectives.
    17. In the NPRM, we first request comment on whether to require 
emergency position indicating radio beacons (EPIRBs) be capable of 
broadcasting GPS data when activated. EPIRBs are carried on board ships 
to alert others of a distress situation, and to assist search and 
rescue units in locating those in distress. EPIRBs that transmit GPS 
coordinates enable search and rescue authorities to determine an 
accurate location significantly faster than traditional EPIRBs, which 
rely on satellite Doppler shift to identify the distress location. 
Second, we invite comments on whether to update the equipment standards 
for Personal Locator Beacons (PLBs). Like EPIRBs, PLBs send distress 
signals that are detected by satellite and relayed to search and rescue 
authorities. Incorporation of the most recent standards will ensure 
that PLBs meet current functional and technical parameters. Third, we 
ask commenters to consider whether we should amend the rules to 
authorize equipment certification and use of Satellite Emergency 
Notification Devices (SENDs) under Part 95 of the Commission's Rules, 
or continue to authorize them under Part 25. SENDs also send distress 
signals, but they typically are subscription services that utilize 
commercial mobile satellite service systems. Fourth, we ask whether to 
permit equipment certification and use of Maritime Survivor Locating 
Devices (MSLDs). MSLDs are intended for use by persons at risk of 
falling into the water such as mariners and workers on marine 
installations or docks. Fifth, we ask whether to provide for equipment 
certification and use of Automatic Identification System Search and 
Rescue Transmitters (AIS-SARTs) devices that comply with international 
standards. Like EPIRBs, SARTs are carried on board ships to alert 
others of a distress situation, and to assist search and rescue units 
in locating those in distress. Unlike traditional 9 GHz SARTs, AIS-
SARTs a unique identification code and GPS coordinates to all AIS-
equipped vessels within VHF radio range. Sixth, we solicit comment of 
clarifying certain radar equipment standards that must be met by 
voluntary and compulsory vessels. The standards currently incorporated 
in the rules impose unnecessary burdens on voluntary vessels. Seventh, 
we ask commenters to consider whether we should permit the use of 
portable marine VHF radio transmitters by persons on shore. Eighth, we 
invite comment on whether to permit VHF digital small message service 
(VDSMS) on certain maritime VHF channels to promote flexibility and 
efficiency in the use of marine communications. Finally, we request 
comment of whether to allow applications of assignment or transfer 
control of ship licenses.

Legal Basis

    18. Authority for issuance of this item is contained in sections 
4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303(r), 332(a)(2).

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

    19. The RFA directs agencies to provide a description of and, where

[[Page 18252]]

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 (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    20. Marine Radio Services. 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 
analysis, the Commission uses the SBA small business size standard for 
the category Wireless Telecommunications Carriers (except satellite),'' 
which is 1,500 or fewer employees. For this category, census data for 
2007 show that there were 11,163 establishments that operated for the 
entire year. Of this total, 10,791 establishments had employment of 999 
or fewer employees and 372 had employment of 1000 employees or more. 
Thus under this category and the associated small business size 
standard, the Commission estimates that the majority of wireless 
telecommunications carriers (except satellite) are small entities that 
may be affected by our proposed action.
    21. Wireless Service Providers. The proposed rules would affect 
licensees using VHF Public Coast spectrum. In the Third Report and 
Order in PR Docket No. 92-257, the Commission 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, PR Docket No. 92-257, 13 FCC Rcd 19853, 
19893 (1998) (citing 13 CFR 121.201, Standard Industrial Classification 
(SIC) Code 4812). Below, we provide the economic census category and 
data for wireless entities, which encompasses public coast stations.
    22. The SBA has developed a small business size standard for 
wireless firms within the two broad economic census categories of 
``Paging'' and ``Cellular and Other Wireless Telecommunications.'' 
Under both categories, the SBA deems a wireless business to be small if 
it has 1,500 or fewer employees. For the census category of Paging, 
Census Bureau data for 2002 show that there were 807 firms in this 
category that operated for the entire year. Of this total, 804 firms 
had employment of 999 or fewer employees, and three firms had 
employment of 1,000 employees or more. Thus, under this category and 
associated small business size standard, the majority of firms can be 
considered small. For the census category of Cellular and Other 
Wireless Telecommunications, Census Bureau data for 2002 show that 
there were 1,397 firms in this category that operated for the entire 
year. Of this total, 1,378 firms had employment of 999 or fewer 
employees, and 19 firms had employment of 1,000 employees or more. 
Thus, under this second category and size standard, the majority of 
firms can, again, be considered small.
    23. Radio Equipment Manufacturers. Some of the rules proposed 
herein may also affect small businesses that manufacture marine radio 
equipment and radiobeacon equipment designed for distress alerting and 
location. The Census Bureau does not have a category specific to these 
equipment manufacturers. The appropriate category is that for wireless 
communications equipment manufacturers. The Census Bureau defines this 
category as follows: ``This industry comprises establishments primarily 
engaged in manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is all such firms having 
750 or fewer employees. According to Census bureau data for 2007, there 
were a total of 939 firms in this category that operated that year. Of 
this total, 912 had fewer than 500 employees and 27 had 500 or more 
employees. Thus, under this size standard, the majority of firms can be 
considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    24. We invite interested parties to address the economic impact of 
these possible rule changes on small vessel operators, small marine 
radio equipment manufacturers and other small businesses that may be 
subject to the new requirements. We seek information on whether the 
compliance costs may outweigh the safety benefits of these rule 
changes, and whether there are alternative means of securing the safety 
benefits of these requirements through means that are less burdensome 
to regulatees. We do not believe any of the matters discussed in the 
NPRM would have a direct, significant economic impact on a substantial 
number of small entities. We note that most of the proposals would not 
require the replacement of any equipment. Only EPIRBs (which only 
commercial vessels are required to carry) and PLBs (which no vessel is 
required to carry) might be subject to a requirement to stop using 
existing models after a certain date. The NPRM seeks comment on 
whether, and if so, when, to phase out existing EPIRBs and PLBs. 
However, any commenters that disagree with that tentative conclusion 
are asked to explain the basis of that disagreement.

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

    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives, among others: (1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    26. In the NPRM, we ask that commenters provide information on 
economic impact to manufacturers and consumers if the Commission were 
to adopt various standards to accommodate VDSMS, MSLDs, SENDs, and AIS-
SARTs. The proposed requirements for the equipment generally take the 
form of performance standards rather than design standards, and 
therefore confer on smaller entities

[[Page 18253]]

the flexibility to select the most economical design that can achieve 
the required performance. For example, the RTCM standards for VDSMS, 
MSLDs and SENDs equipment that we propose to incorporate in 47 CFR 
Parts 80 and 95 mandate certain functionality for the equipment but do 
not mandate that manufacturers design their equipment in any particular 
way in order to achieve that functionality.
    27. In the NPRM, we also seek comment on whether the Commission 
should require that EPIRBs be capable of broadcasting GPS data when 
activated. Notwithstanding the important safety benefits that would 
accrue from imposing such a requirement, we request that interested 
parties to address the cost to comply with the requirement and whether 
the costs of such a requirement would outweigh the safety benefits. 
Commenters are asked to suggest any alternatives or supplementary 
measures that can be taken to facilitate search and rescue efforts. 
Commenters are asked to address measures to reduce the compliance 
burden of such a requirement on small entities.

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

    28. None.

List of Subjects in 47 CFR Parts 1, 80, and 95

    Communications equipment, Incorporation by reference, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 80 and 95 
as follows:

PART 1--PRACTICE AND PROCEDURE

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

     Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, and 1451.

0
2. Section 1.948 is amended by revising paragraph (b)(5) to read as 
follows:


Sec.  1.948  Assignment of authorization or transfer of control, 
notification of consummation.

* * * * *
    (b) * * *
    (5) Licenses, permits, and authorizations for stations in the 
Amateur, Commercial Operator and Personal Radio Services (except 218-
219 MHz Service) may not be assigned or transferred, unless otherwise 
stated.
* * * * *

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 80.7 is amended by:
0
a. Revising paragraphs (b)(28), (d)(5), (d)(8) and (d)(12);
0
b. Removing paragraph (d)(17);
0
c. Re-designating paragraphs (d)(14) through (d)(16) as (d)(15) through 
(d)(17);
0
d. Adding new paragraph (d)(14);
0
e. Revising paragraphs (f)(2) and (f)(3) and adding paragraph (f)(4);
0
f. Removing paragraph (g).
    The additions and revisions to read as follows:


Sec.  80.7  Incorporation by reference.

* * * * *
    (b) * * *
    (28) IMO Resolution MSC.246(83), (``IMO Resolution MSC.246(83)'') 
``Adoption of Performance Standards for Survival Craft AIS Search and 
Rescue Transmitters (AIS-SART) for Use in Search and Rescue 
Operations.'' IBR approved for Sec.  80.233.
* * * * *
    (d) * * *
    (5) IEC 61097-3:1994 (``IEC 61097-3''), First edition, 1994-06, 
``Global maritime distress and safety system (GMDSS)--Part 3: Digital 
selective calling (DSC) equipment--Operational and performance 
requirements, methods of testing and required testing results,'' with 
Annexes, IBR approved for Sec.  80.1101.
* * * * *
    (8) IEC 61097-7:1996 (``IEC 61097-7''), First edition, 1996-10, 
``Global maritime distress and safety system (GMDSS)--Part 7: Shipborne 
VHF radiotelephone transmitter and receiver--Operational and 
performance requirements, methods of testing and required test 
results,'' IBR approved for Sec.  80.1101.
* * * * *
    (12) IEC 61097-12:1996(E) (``IEC 61097-12''), First edition, 1996-
11, ``Global maritime distress and safety system (GMDSS)--Part 12: 
Survival craft portable two-way VHF radiotelephone apparatus--
Operational and performance requirements, methods of testing and 
required test results,'' IBR approved for Sec.  80.1101.
* * * * *
    (14) IEC 61097-14 Ed. 1 (``IEC 61097-14''), ``Global maritime 
distress and safety system (GMDSS)--Part 14: AIS search and rescue 
transmitter (AIS-SART)--Operational and performance requirements, 
methods of testing and required test results.'' ED 1.0 (2010-02), IRB 
approved for Sec.  80.233.
* * * * *
    (f) * * *
    (2) RTCM Standard 11000.3 (``RTCM 11000''), ``RTCM Standard 11000.3 
for 406 MHz Satellite Emergency Position-Indicating Radiobeacons 
(EPIRBs),'' June 12, 2012, IBR approved for Sec.  80.1061.
    (3) RTCM Standard 11020.1 (``RTCM 11020''), ``RTCM Standard 
11020.1, Ship Security Alert Systems (SSAS) Using the Cospas-Sarsat 
System,'' October 9, 2009, IBR approved for Sec.  80.277.
    (4) RTCM Standard 12301.1 (``RTCM 12301''), VHF-FM Digital Small 
Message Services, July 10, 2009, IBR approved for Sec.  80.361.
0
5. Section 80.157 is revised to read as follows:


Sec.  80.157  Radio officer defined.

    A radio officer means a person holding a First Class Radiotelegraph 
Operator's Certificate, Second Class Radiotelegraph Operator's 
Certificate, or Radiotelegraph Operator License issued by the 
Commission, who is employed to operate a ship radio station in 
compliance with Part II of Title III of the Communications Act. Such a 
person is also required to be licensed as a radio officer by the U.S. 
Coast Guard when employed to operate a ship radiotelegraph station.
0
6. Section 80.159 is amended by revising paragraph (b) as follows:


Sec.  80.159  Operator requirements of Title III of the Communications 
Act and the Safety Convention.

* * * * *
    (b) Each cargo ship equipped with a radiotelegraph station in 
accordance with Part II of Title III of the Communications Act and 
which has a radiotelegraph auto alarm must carry a radio officer 
holding a First Class Radiotelegraph Operator's Certificate, Second 
Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator 
License who has had at least six months service as a radio officer on 
board U.S. ships. If the radiotelegraph station does not have an auto 
alarm, a second radio officer who holds a First Class

[[Page 18254]]

Radiotelegraph Operator's Certificate, Second Class Radiotelegraph 
Operator's Certificate, or Radiotelegraph Operator License must be 
carried.
* * * * *
0
7. Section 80.203 is amended by adding paragraphs (b)(3)(i) through-
(iv) to read as follows:


Sec.  80.203  Authorization of transmitters for licensing.

* * * * *
    (b) * * *
    (3) * * *
    (i) Internal adjustments of the transmitter;
    (ii) Use of controls normally inaccessible to the station operator;
    (iii) Use of external devices or equipment modules made available 
only to service and maintenance personnel through a service company; 
and
    (iv) Copying of a channel selection program directly from another 
transmitter (cloning) using devices and procedures made available only 
to service and maintenance personnel through a service company.
* * * * *
0
8. Section 80.231 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  80.231  Technical requirements for Class B Automatic 
Identification System equipment.

* * * * *
    (c) Prior to submitting a certification application for a Class B 
AIS device, the following information must be submitted in duplicate to 
the Commandant CG-ENG, U.S. Coast Guard Headquarters, 2100 2nd Street 
SW., Stop 7126, Washington, DC 20593-7126:
* * * * *
0
9. Section 80.233 is added to read as follows:


Sec.  80.233  Technical requirements for Automatic Identification 
System Search and Rescue Transmitters (AIS-SART) equipment.

    (a) Automatic Identification System Search and Rescue Transmitter 
(AIS-SART) equipment must meet the technical requirements of IEC 61097-
14 and IMO Resolution MSC.246(83) (incorporated by reference, see Sec.  
80.7(b)).
    (b) Prior to submitting a certification application for an AIS-SART 
device, the following information must be submitted in duplicate to the 
Commandant CG-ENG, U.S. Coast Guard Headquarters, 2100 Second Street 
SW. Stop 7126, Washington, DC 20593-7126:
    (1) The name of the manufacturer or grantee and the model number of 
the AIS-SART device; and
    (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 IEC 61097-14.
    (c) After reviewing the information described in this paragraph 
(the U.S. Coast Guard will issue a letter stating whether the AIS-SART 
device satisfies all of the requirements specified in IEC 61097-14.
    (d) A certification application for an AIS-SART 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 
IEC 61097-14, a copy of the technical test data, and the instruction 
manual(s).
0
10. Section 80.273 is amended by removing paragraph (b), re-designating 
paragraphs (c) and (d) as paragraphs (b) and (c), and revising newly 
re-designated paragraph (b) to read as follows:


Sec.  80.273  Radar standards.

* * * * *
    (b) For any ship of 10,000 tons gross tonnage and upwards or that 
is otherwise required to be equipped with two radar systems, each of 
the two radar systems must be capable of operating independently and 
must comply with the specifications, standards and general requirements 
set forth on paragraph (a) of this section. One of the systems must 
provide a display with an effective diameter of not less than 340 
millimeters (13.4 inches), (16-inch cathode ray tube). The other system 
must provide a display with an effective diameter of not less than 250 
millimeters (9.8 inches), (12-inch cathode ray tube).
* * * * *
0
11. Section 80.277 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  80.277  Ship Security Alert System (SSAS).

    (a) * * *
    (1) Equipment that complies with RTCM 11020 (incorporated by 
reference, Sec. Sec.  80.7); or
* * * * *
0
12. In part 80, subpart H revise the undesignated center heading to 
read ``RADIOTELEGRAPHY AND DATA''.
0
13. Revise Sec.  80.351 to read as follows:


Sec.  80.351  Scope.

    The following sections describe the carrier frequencies and general 
uses of radiotelegraphy and data transmission with respect to the 
following:
    (a) Distress, urgency, safety, call and reply.
    (b) Working.
    (c) Digital selective calling (DSC).
    (d) Narrow-band direct-printing (NB-DP).
    (e) Facsimile.
    (f) VHF-FM digital small message services (VDSMS).
0
14. Section 80.364 is added under the undesignated center heading for 
``Radiotelegraphy and Data'' to read as follows:


Sec.  80.364  Frequencies for VHF digital small message services 
(VDSMS).

    (a) Except as set forth in paragraph (b) of this section, 
frequencies in the 156-162 MHz band may be used for VHF digital small 
message services (VDSMS) complying with RTCM 12301 (incorporated by 
reference, see Sec.  80.7).
    (b)(1) The following table designates VHF-FM channels not available 
for digital small message service.

------------------------------------------------------------------------
                       Channel                          Frequency (MHz)
------------------------------------------------------------------------
06...................................................            156.300
67...................................................            156.375
70...................................................            156.525
13...................................................            156.650
15...................................................            156.750
75...................................................            156.775
16...................................................            156.800
76...................................................            156.825
17...................................................            156.850
22A..................................................            157.100
AIS 1/2..............................................    161.975/162.025
------------------------------------------------------------------------

    (2) Unless authorized by the United States Coast Guard, VDSMS is 
also prohibited in designated U.S. Coast Guard Vessel Traffic Service 
areas on frequencies reserved for those services under Sec.  80.373(f).
0
15. Section 80.1005 is revised to read as follows:


Sec.  80.1005  Inspection of station.

    The bridge-to-bridge radiotelephone station will be inspected on 
vessels subject to regular inspections pursuant to the requirements of 
Parts II and III of Title III of the Communications Act, the Safety 
Convention or the Great Lakes Agreement at the time of the regular 
inspection. If after such inspection, the Commission determines that 
the Bridge-to-Bridge Act, the rules of the Commission and the station 
license are met, an endorsement will be made on the appropriate 
document. The validity of the endorsement will run concurrently with 
the period of the regular inspection. Each vessel must carry a 
certificate with a valid endorsement while subject to the Bridge-to-
Bridge Act. All other bridge-

[[Page 18255]]

to-bridge stations will be inspected from time to time. An inspection 
of the bridge-to-bridge station on a Great Lakes Agreement vessel must 
normally be made at the same time as the Great Lakes Agreement 
inspection is conducted by a technician holding one of the following: a 
General Radiotelephone Operator License, a GMDSS Radio Maintainer's 
License, a Radiotelegraph Operator License, a Second Class 
Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph 
Operator's Certificate. Additionally, the technician must not be the 
vessel's owner, operator, master, or an employee of any of them. Ships 
subject to the Bridge-to-Bridge Act may, in lieu of an endorsed 
certificate, certify compliance in the station log required by Sec.  
80.409(f).
0
16. Section 80.1053 is revised to read as follows:


Sec.  80.1053  Prohibition on certification, manufacture, importation, 
sale or use of Class A, Class B, Class S, and INMARSAT-E EPIRBs.

    The manufacture, importation, sale or use of Class A, Class B, 
Class S, or INMARSAT-E EPIRBs is prohibited. New Class A, Class B, 
Class S, or INMARSAT-E EPIRBs will no longer be certified by the 
Commission.
0
17. Section 80.1061 is amended by revising paragraphs (a), (c) 
introductory text, (c)(1), and (c)(1)(ii) to read as follows:


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

    (a) Notwithstanding the provisions in paragraph (b) of this 
section, 406.0-406.1 MHz EPIRBs must meet all the technical and 
performance standards contained in RTCM 11000 (incorporated by 
reference, see Sec.  80.7), and must also comply with the standards 
specified in Sec.  80.1101(c)(5).
* * * * *
    (c) Prior to submitting a certification application for a 406.0-
406.1 MHz radiobeacon, the radiobeacon must be certified by a test 
facility recognized by one of the COSPAS-SARSAT Partners that the 
equipment satisfies the design characteristics associated with the 
measurement methods incorporated in RTCM Standard 11000 (incorporated 
by reference, see Sec.  80.7). Additionally, the radiobeacon must be 
subjected to the environmental and operational tests associated with 
the test procedures described in Appendix A of RTCM Standard 11000 
(incorporated by reference, see Sec.  80.7), by a test facility 
accepted by the U.S. Coast Guard for this purpose. Information 
regarding accepted test facilities may be obtained from Commandant CG-
ENG-4, US Coast Guard Headquarters, 2100 Second Street SW., Stop 7126, 
Washington, DC 20593-7126, http://cgmix.uscg.mil/EQLabs/EQLabsSearch.aspx.
    (1) After a 406.0-406.1 MHz EPIRB has been certified by the 
recognized test facilities the following information must be submitted 
in duplicate to the Commandant CG-ENG, U.S. Coast Guard Headquarters, 
2100 2nd Street SW., Stop 7126, Washington, DC 20593-1726:
* * * * *
    (ii) Copies of the certificate and test data obtained from the test 
facility recognized by a COSPAS/SARSAT Partner showing that the 
radiobeacon complies with the COSPAS-SARSAT design characteristics 
associated with the measurement methods described in the COSPAS/SARSAT 
Standard C/S T.001 and COSPAS-SARSAT Standard C/S T.007, and RTCM 11000 
(all incorporated by reference, see Sec.  80.7);
* * * * *
0
18. Section 80.1085 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  80.1085  Ship radio equipment--General.

* * * * *
    (a) * * *
    (3) A radar transponder capable of operating in the 9 GHz band or 
an AIS-SART, which must be stowed so that it is easily utilized (this 
device may be one of those required by Sec.  80.1095(b) for survival 
craft);
* * * * *
0
19. Section 80.1095 is amended by revising paragraph (b) to read as 
follows:


Sec.  80.1095  Survival craft equipment.

* * * * *
    (b) At least one radar transponder (or AIS-SART) must be carried on 
each side of every passenger ship and every cargo ship of 500 tons 
gross tonnage and upwards. At least one radar transponder (or AIS-SART) 
must be carried on every cargo ship of 300 tons gross tonnage and 
upwards but less than 500 tons gross tonnage. Such radar transponders 
(or AIS-SARTs) must conform to performance standards as specified in 
Sec.  80.233 or Sec.  80.1101. The radar transponders (or AIS-SARTs) 
must be stowed in such locations that they can be rapidly placed in any 
survival craft other than life rafts required on cargo ships in forward 
and aft areas (see Regulation III/26.1.4 of the SOLAS Convention). 
Alternatively, one radar transponder (or AIS-SART) must be stowed in 
each survival craft other than those required by Regulation III/26.1.4 
of the SOLAS Convention. One of these radar transponders (or AIS-SARTs) 
may be the radar transponder (or AIS-SART) required by Sec.  
80.1085(a)(3).
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
20. The authority citation for part 95 continues to read as follows:

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

0
21. In part 95, subpart K is amended by revising the subpart heading to 
read as follows:

Subpart K --Personal Locator Beacons (PLB) and Maritime Survivor 
Locating Devices (MSLD)

0
22. Section 95.1400 is revised to read as follows:


Sec.  95.1400  Basis and purpose.

    The rules in this subpart are intended to provide individuals in 
the water or in remote areas a means to alert others of an emergency 
situation and to aid search and rescue personnel in locating those in 
distress.
0
23. Section 95.1402 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.1402  Special requirements for 406 MHz PLBs.

    (a) All 406 MHz PLBs must meet all the technical and performance 
standards contained in the Radio Technical Commission for Maritime 
(RTCM) Service document ``RTCM Standard 11010.2 for 406 MHz Satellite 
Personal Locator Beacons (PLBs),'' with Amendment 1, and with Amendment 
2, dated June 8, 2012. This RTCM document is incorporated by reference 
in accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies of the 
document are available and may be obtained from the Radio Technical 
Commission for Maritime Services, 1611 N. Kent Street, Suite 605, 
Arlington, Virginia 22209. The document is available for inspection at 
Commission headquarters at 445 12th Street SW., Washington, DC 20554. 
Copies may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
24. Section 95.1403 is added to read as follows:


Sec.  95.1043  Special requirements for Maritime Survivor Locating 
Devices.

    (a) Maritime Survivor Locating Devices (MSLDs) are devices intended

[[Page 18256]]

to aid in the location of persons in the water. Use on land is not 
authorized.
    (b) Every MSLD sold in the United States after [INSERT DATE ONE 
YEAR AFTER EFFECTIVE DATE] that provides the functions described in 
this section, must meet all the technical and performance standards 
contained in RTCM document ``RTCM Standard 11901.1 for Maritime 
Survivor Locating Devices (MSLD), dated June 4, 2012.'' This RTCM 
document is incorporated by reference in accordance with 5 U.S.C. 
552(a), and 1 CFR part 51. Copies of the document are available and may 
be obtained from the Radio Technical Commission for Maritime Services, 
1611 N. Kent Street, Suite 605, Arlington, Virginia 22209. The document 
is available for inspection at Commission headquarters at 445 12th 
Street SW., Washington, DC 20554. Copies may also be inspected at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) All MSLDs must:
    (1) Transmit on at least one of the following frequencies: 121.5 
MHz, 156.525 MHz, 156.750 MHz, 156.800 MHz, 156.850 MHz, 161.975 MHz, 
162.025 MHz; or
    (2) Include a function intended to send a distress message directly 
to the U.S. Coast Guard or any other search and rescue organization.
    (d) No device may be marketed or sold in the United States as a 
``MSLD'' or ``Maritime Survivor Locating Device'' unless it is 
compliant with the requirements in this section.
    (e) Before an MSLD certification application is submitted to the 
Commission, the applicant must have obtained test report from a test 
laboratory which shows that the MSLD complies with the electrical and 
environmental standards associated with RTCM 11901.1. The test 
laboratory must be accredited to ISO/IEC 17025 with a scope covering 
the applicable requirements and test procedures.

[FR Doc. 2014-07140 Filed 3-31-14; 8:45 am]
BILLING CODE 6712-01-P