**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WT Docket No. 00-48          |
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| Amendment of Parts 13 and 80 of  | ** | RM-9499                      |
| the Commission's Rules           |    |                              |
| Concerning Maritime              | *  | PR Docket No. 92-257         |
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**MEMORANDUM OPINION AND ORDER, THIRD REPORT AND ORDER,\
AND THIRD FURTHER NOTICE OF PROPOSED RULE MAKING**

**Adopted: August 29, 2006 Released: September 8, 2006**

**Comment Date**: **\[60 days after Federal Register publication\]**

**Reply Comment Date: \[90 days after Federal Register publication\]**

By the Commission:

**TABLE OF CONTENTS**

**Heading Paragraph No.**

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. BACKGROUND 5

III\. memorandum opinion and order 8

A. Commercial Operator Licenses -- Proof of Passing U.S. Coast Guard
Training 8

B. GMDSS Distress Call Monitoring and Acknowledgement 10

C. Channel 16 Watch Requirement 12

1\. Compulsory Vessels 12

2\. Voluntary Vessels 14

D. 2182 kHz Watch Requirement 15

E. Station Logs 18

F. Procedures for Canceling False Alerts 22

G. Emergency Position Indicating Radiobeacons (EPIRBs) 23

H. Routine Calling on DSC Frequencies 24

IV\. THIRD REPORT AND ORDER 26

A. DSC Equipment Standards 26

B. INMARSAT Ship Earth Stations 30

C. Reserve Power Requirements for Small Passenger Vessels 34

D. Commercial Operator License Issues 40

E. Ship Security Alert System (SSAS) 42

F. Updated References to International Standards 45

G 2002 Biennial Review 46

H. Other Matters 52

V. THIRD FURTHER NOTICE OF PROPOSED RULE MAKING 68

A. INMARSAT-E Earth Stations 68

B. GPS Requirement for VHF-DSC Handheld Equipment 69

C. Carriage Requirements for Small Passenger Vessels 71

D. Ship Station Facsimile Frequencies/Transmission of Data on Voice
Channels 72

E. Private Coast Station Frequencies 73

F. Radar Standards 74

G. Testing of GMDSS Radio Equipment 75

VI\. CONCLUSION 76

VII\. PROCEDURAL MATTERS 77

A. Ex Parte Rules -- Permit-But-Disclose Proceeding 77

B. Regulatory Flexibility Act 78

C. Comment Dates 82

D. Paperwork Reduction Act 83

E. Congressional Review Act 85

F. Further Information 86

VIII\. Ordering Clauses 88

APPENDIX A- Commenting Parties

APPENDIX B- Final Rules

APPENDIX C- Final Regulatory Flexibility Analysis

APPENDIX D- Initial Regulatory Flexibility Analysis

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  With this *Memorandum Opinion and Order, Third Report and Order, and
    Third Further Notice of Proposed Rule Making*, we further the
    ongoing efforts of the Federal Communications Commission (FCC or
    Commission) to ensure that its Part 80 rules governing the Maritime
    Radio Services[^1] continue to promote maritime safety, maximize
    effective and efficient use of the spectrum available for maritime
    communications, accommodate technological innovation, avoid
    unnecessary regulatory burdens, and maintain consistency with
    international maritime standards to the extent consistent with the
    United States public interest. We also seek in this proceeding to
    ensure that we regulate the Maritime Radio Services in a manner that
    advances our nation's homeland security. In recent years, the
    Commission has addressed issues pertaining to the Maritime Radio
    Services primarily in two rulemaking proceedings: the WT Docket No.
    00-48 proceeding initiated to develop rules for domestic
    implementation of the Global Maritime Distress and Safety System
    (GMDSS),[^2] and the PR Docket No. 92-257 proceeding concerning VHF
    public coast (VPC) stations.[^3] We address here: (a) petitions for
    reconsideration of the *Report and Order* in WT Docket No.
    00-48;[^4] and (b) comments filed in response to the *Second Further
    Notice* in WT Docket No. 00-48. In addition, we adopt a *Third
    Further Notice of Proposed Rule Making* in WT Docket No. 00-48
    (*Third Further Notice*) to request comment on additional issues
    concerning the Maritime Radio Service.[^5]

2.  Among the more significant actions we take in response to the
    petitions for reconsideration of the *Report and Order*,[^6] we

-   clarify that applicants for a GMDSS Radio Operator's License do not
    have to take an Element 1 examination if they have received a Proof
    of Passing Certificate (PPC) based on completion of a Coast
    Guard-approved training course;

-   clarify the requirement of ship radio station operators to relay
    distress alerts from other ships that are not promptly acknowledged
    by a coast station;

-   remove the sunset date for the Channel 16 watch requirement;

-   relieve vessels that have upgraded to MF-DSC equipment of the
    requirement to maintain a watch on the frequency 2182 kHz;

-   modify the requirements for station logs; and

-   permit routine calling on DSC frequencies.

3.  Among the more significant actions we take based on the comments and
    reply comments filed in response to the *Second Further Notice*,[^7]
    we

-   require, after prescribed transition periods, that DSC equipment
    comply with the more rigorous technical standards recently
    established for such equipment by international bodies;

-   add the INMARSAT Fleet F77 ship earth station to the list of
    satellite earth stations that may be used in lieu of single sideband
    (SSB) radios by ships operating more than one hundred nautical miles
    from shore;

-   mandate that additional classes of small passenger vessels carry a
    reserve power source to better ensure against loss of communications
    capabilities during distress situations;

-   extend the license term for GMDSS Radio Operator's Licenses,
    Restricted GMDSS Radio Operator's Licenses, GMDSS Radio Maintainer's
    Licenses, GMDSS Operator/Maintainer Licenses, and Marine Radio
    Operator Permits to the lifetime of the holder;

-   relax certain rules to give both the Commission and commercial
    operator license examination (COLE) managers additional flexibility
    in administering the license examination process;

-   adopt rules to regulate Ship Security Alert System (SSAS) beacons
    designed to operate with the COSPAS-SARSAT satellite system, and to
    authorize use of Inmarsat D+ equipment as an additional
    accommodation of SSAS operations; and

-   permit the programming of channels in maritime radio transmitters
    through remote control.

4.  In the *Third Further Notice*, we:

-   propose to cease authorizing INMARSAT-E emergency position
    indicating radiobeacons (EPIRBs) due to Inmarsat's planned cessation
    of service to such EPIRBs;

-   request comment on whether to require Global Positioning System
    (GPS) capability in VHF-DSC handheld units;

-   request comment on whether to require the carriage of at least one
    VHF handheld marine radio transceiver on all small passenger vessels
    that do not have a reserve power supply;

-   request comment on whether there is a need to make additional
    spectrum available for ship station facsimile communications, or to
    permit the transmission of data on VHF maritime voice channels;

-   request comment on whether there is any need to continue limiting
    the number of frequencies that may be assigned to any particular
    private coast station;

-   request comment on updating the standards for ship radar equipment;
    and

-   propose to add a rule clarifying that GMDSS vessels subject to
    Subpart W are required to test GMDSS radiotelephone equipment on a
    daily basis.

# background

5.  On January 16, 1992, the Commission first adopted rules to implement
    the GMDSS in the United States, requiring the installation of GMDSS
    equipment on domestic vessels by February 1, 1999.[^8] The
    Commission's GMDSS rules were based on amendments to the Convention
    for the Safety of Life at Sea (SOLAS Convention) that had been
    adopted by the International Maritime Organization (IMO)[^9] in 1988
    to implement the GMDSS worldwide.[^10] Those amendments required
    "compulsory ships" under SOLAS, *i.e.*, all passenger ships that
    carry more than twelve passengers and all cargo ships of 300 gross
    tons and over conducting international voyages, to carry GMDSS
    equipment pursuant to a phased schedule beginning on February 1,
    1992 and ending on February 1, 1999.[^11] Vessels for which the
    carriage of GMDSS equipment is not mandated under SOLAS are termed
    "voluntary ships."[^12] Over the years, the IMO, the International
    Telecommunication Union (ITU),[^13] the International
    Electro-technical Commission (IEC),[^14] and the International
    Standards Organization (ISO)[^15] have revised the international
    standards for GMDSS equipment.

6.  With the primary goal of ensuring that the GMDSS rules in Part 80
    are consistent, to the extent feasible and appropriate, with the
    most up-to-date international standards, the Commission initiated
    the WT Docket No. 00-48 proceeding with the release of a *Notice of
    Proposed Rule Making* on March 17, 2000.[^16] The Commission also
    proposed to delete or modify rules affected by full implementation
    of GMDSS or that had otherwise become unnecessary or in need of
    clarification due to changed circumstances, while inviting
    interested parties to propose other changes to Part 80.[^17] On
    April 9, 2002, the Commission released the *Report and Order*, in
    which it consolidated, revised and streamlined the Part 80
    rules.[^18] In addition to adopting the *Report and Order*, the
    Commission adopted the *Further Notice,* soliciting comment on the
    desirability of further amending Part 80 to better reflect the state
    of GMDSS implementation and other developments.[^19] In the instant
    *Memorandum Opinion and Order*, we address petitions for
    reconsideration of the *Report and Order.*[^20]

7.  The Commission resolved the issues raised in the *Further Notice* in
    the *Second Report and Order*, released February 12, 2004, which
    further updated and streamlined Part 80.[^21] The *Second Report and
    Order* was accompanied by the *Second Further Notice*.[^22] In the
    instant *Third Report and Order*, we address the comments filed in
    response to the *Second Further Notice*. In addition, many of the
    comments filed in response to the *Second Further Notice*, as well
    as other developments that have occurred subsequent to the adoption
    of the *Second Report and Order* and *Second Further Notice*,
    indicate that there may be a need to further amend the Part 80 rules
    to ensure that they continue to serve the public interest.
    Accordingly, the instant *Third Further Notice of Proposed Rule
    Making* solicits comment on possible additional changes to Part 80.

# memorandum opinion and order

## Commercial Operator Licenses -- Proof of Passing U.S. Coast Guard Training

8.  *Background*. In the *Report and Order*, the Commission amended
    Section 13.201 of its Rules[^23] to provide that an applicant for a
    GMDSS Radio Operator's License or Restricted GMDSS Radio Operator's
    License could qualify for such license by acquiring a PPC issued by
    the Coast Guard or its designee certifying the applicant's
    competence following completion of a Coast Guard-approved GMDSS
    training course.[^24] Prior to this rule change, applicants for a
    GMDSS Radio Operator's License could demonstrate their
    qualifications for the license only by passing a COLE
    Manager-administered[^25] written examination covering examination
    Elements 1 and 7.[^26] Observing that the Coast Guard's seventy-hour
    GMDSS training courses cover basically the same material and similar
    questions as the FCC examination, the Commission reasoned that
    accepting a PPC from the Coast Guard or its designee "will relieve
    the burden that the duplication of examination puts on applicants
    and will avoid the unnecessary administration of examinations."[^27]

9.  *Discussion*. Owen Anderson suggests that Section 13.201, as amended
    in the *Report and Order*, is unclear because it does not appear to
    authorize Coast Guard-approved training organizations to administer
    Element 1 examinations.[^28] We hereby clarify that the rule does
    not authorize Coast Guard-approved training organizations to
    administer Element 1 examinations, because the rule reflects the
    Commission's intent that applicants for one of the GMDSS Operator's
    Licenses who have secured a PPC from the Coast Guard or a Coast
    Guard-approved training organization do not have to pass an Element
    1 examination or an Element 7/7R examination. The Coast Guard
    training courses include training in the subject matter areas
    covered by an Element 1 examination, and we believe the successful
    completion of a Coast Guard-approved training course, certified
    through issuance of a PPC to the applicant, is sufficient in itself
    to demonstrate the applicant's qualifications to hold a GMDSS Radio
    Operator's License (or, as the case may be, a Restricted GMDSS Radio
    Operator's License). Accordingly, we believe requiring such an
    applicant to also take an Element 1 examination would run counter to
    the stated purpose of relieving applicants of the burden of taking
    duplicative and unnecessary examinations.[^29]

## GMDSS Distress Call Monitoring and Acknowledgement

10. *Background*. In the *Report and Order*, the Commission updated the
    Part 80 rules pertaining to the monitoring, acknowledgement and
    relay of distress calls so that they generally mirror the relevant
    IMO and ITU recommendations and standards.[^30] Among other things,
    the Commission revised Section 80.1117 of the Rules to specify that
    DSC distress calls typically are to be acknowledged only by a coast
    station using a DSC acknowledgment, but if a monitoring ship does
    not hear any such coast station acknowledgement of the distress
    call, "the ship should transmit a distress alert relay to the coast
    station."[^31] The Commission also amended Section 80.1121 of the
    Rules to prescribe the procedures for ship stations to acknowledge a
    non-DSC distress alert by radiotelephony, to inform the appropriate
    coast station and Rescue Coordination Center (RCC), and, in certain
    circumstances, to transmit an "all ships" relay of the distress
    alert.[^32]

11. *Discussion*. Kurt Anderson requests reconsideration of the
    amendments to Sections 80.1117 and 80.1121, contending that the
    amended rules could be interpreted to require that distress alert
    relays be transmitted via DSC.[^33] According to Kurt Anderson,
    these rules should be revised further to make it abundantly clear
    that the required distress alert relays are to be transmitted via a
    non-DSC method.[^34] We disagree. To begin with, the rules do not
    even suggest that distress alerts have to be relayed via DSC.
    Section 80.1117(a), for example, simply states that "\[i\]n cases
    where no acknowledgement \[of a DSC distress call\] has been heard
    and no distress traffic has been heard, the ship should transmit a
    distress alert relay to the coast station."[^35] Since the first
    sentence of that rule explicitly refers to "distress calls using
    digital selective calling" and to "a DSC acknowledgement," we
    believe that the absence of a similar "DSC" qualifier in the
    subsequent reference to the distress alert *relay* indicates that
    there is no requirement to use DSC in relaying the distress
    alert.[^36] More importantly, we disagree that the rules should
    flatly *prohibit* the use of DSC to relay unacknowledged distress
    calls. The international *Radio Regulations* permit DSC relays,[^37]
    and we see no reason for the Part 80 rules to diverge from the
    international standards on this point.[^38] In sum, we believe that
    Sections 80.1117 and 80.1121, as currently written, clearly and
    properly neither mandate nor prohibit the use of DSC in relaying
    distress alerts.

## Channel 16 Watch Requirement

### Compulsory Vessels

12. *Background.* Sections 80.148, 80.305 and 80.1123 of the
    Commission's Rules require compulsory ships at sea to maintain a
    continuous watch on maritime VHF Channel 16 (156.800 MHz).[^39] Each
    of the rules includes a sunset date, *i.e*., a date on which the
    Channel 16 watch requirement would terminate by its own terms. In
    the *Report and Order*, the Commission extended that sunset date
    from February 1, 1999 to February 1, 2005, in keeping with the
    extension of the requirement under the SOLAS Convention.[^40] The
    Commission reasoned that extending the Channel 16 watch requirement
    until 2005 would enhance maritime safety and would serve the goal of
    fostering consistency between the Part 80 rules and international
    requirements.[^41] However, the Commission rejected a suggestion by
    the National GMDSS Implementation Task Force (Task Force) that the
    sunset date be extended until one year after the Coast Guard
    declares Sea Area A1 operational, or until February 1, 2005,
    whichever is later.[^42] The Commission explained that it would be
    premature to presume that the IMO would extend the watch date beyond
    February 1, 2005, and that extending the date beyond February 1,
    2005 in the Part 80 rules would therefore be inconsistent with
    international standards. The Commission added, however, that it
    would "revisit this issue if the IMO extends the watch date."[^43]

13. *Discussion.* Subsequent to the adoption of the *Report and Order*,
    the IMO, at its 75^th^ session, amended the SOLAS Convention to
    extend the Channel 16 watch date indefinitely.[^44] The Coast Guard
    requests that the Commission revise the Part 80 rules
    accordingly.[^45] We agree with the Coast Guard that we should now
    remove the 2005 sunset date from Sections 80.148, 80.305 and 80.1123
    in the interest of maritime safety and conformity with international
    watch requirements.

### Voluntary Vessels

14. The Channel 16 watch requirements for voluntary vessels are
    contained in Sections 80.310 and 80.1153 of the Commission's
    Rules.[^46] In the *Report and Order*, the Commission amended
    Section 80.310 to require voluntary vessels not fitted with DSC to
    maintain a watch on Channel 16 when the vessel is underway and the
    radio is not being used to communicate.[^47] However, the Commission
    inadvertently failed to amend Section 80.1153, which still requires
    only that a Channel 16 watch be maintained when the ship radio
    station is being operated.[^48] Since the *Report and Order* clearly
    reflects a Commission intent that voluntary vessels maintain a
    Channel 16 watch whenever the vessel is underway (except when the
    radio is otherwise being used to communicate) and not just when the
    radio is being operated,[^49] we take this opportunity to amend
    Section 80.1153 to reflect that intent, conforming it to Section
    80.310 and rectifying the earlier omission.[^50]

## 2182 kHz Watch Requirement

15. *Background*. The requirement that vessels maintain a watch on the
    radiotelephone distress frequency 2182 kHz is reflected in several
    Part 80 rules, principally Sections 80.305 and 80.1123.[^51] Prior
    to the *Report and Order*, Section 80.1123(d) contained a sunset
    date for the 2182 kHz watch, so that by its own terms the Section
    80.1123(d) watch requirement was in effect only until February 1,
    1999.[^52] In the *Report and Order*, the Commission concluded that
    it should still require both voluntary and compulsory vessels to
    maintain a 2182 kHz watch.[^53] The Commission stated, "Inasmuch as
    2182 kHz is still used by non-compulsory ships, and by small
    passenger and fishing vessels currently operating under exemptions
    from our GMDSS rules, we are concerned that according compulsory
    vessels the discretion to forego such a watch would result in the
    inability of non-compulsory and exempt vessels to contact compulsory
    vessels in distress situations."[^54]

16. *Discussion.* Owen Anderson petitions for reconsideration of the
    decision to continue to require compulsory vessels to maintain 2182
    kHz watches.[^55] We agree that reconsideration is warranted, at
    least to the extent of eliminating the 2182 kHz watch requirement
    for those vessels that have upgraded to MF-DSC, and eliminating for
    all vessels any requirement to carry a 2182 kHz watch receiver.
    Compulsory vessels that have upgraded to MF-DSC now maintain watches
    on Channel 16 and on 2187.5 kHz,[^56] and many, perhaps most, of
    these vessels have already removed their 2182 kHz watch receivers in
    reasonable reliance on the February 1, 1999 sunset date that had
    appeared in Section 80.1123(d).[^57] We believe, on balance, that it
    would be unduly onerous to require these vessels to reinstall and
    maintain 2182 kHz watch receivers, even if they could be readily
    acquired, especially since compulsory vessel watches on 2182 kHz are
    not viewed as essential to maritime safety by either the Coast
    Guard[^58] or the GMDSS Task Force.[^59] We also note that the SOLAS
    Convention does not require GMDSS vessels that have upgraded to
    MF-DSC to maintain a 2182 kHz watch. In addition, there is no Part
    80 requirement that non-compulsory vessels voluntarily fitted with
    MF-DSC equipment maintain a 2182 kHz watch,[^60] and the record does
    not support treating compulsory vessels differently from
    non-compulsory vessels for this purpose. We therefore relieve all
    vessels of the requirement to carry a 2182 kHz watch receiver, and
    we relieve MF-DSC-equipped compulsory vessels of the requirement to
    maintain a 2182 kHz watch.

17. On the other hand, we do not read Owen Anderson's petition for
    reconsideration as requesting, nor are we otherwise persuaded, that
    we should relieve voluntary vessels or compulsory vessels that have
    not upgraded to MF-DSC[^61] from the requirement to maintain a 2182
    kHz watch. We continue to believe that a mandatory 2182 kHz watch
    for such vessels could provide significant maritime safety benefits
    with little countervailing burden. For example, such a vessel may be
    in the best position to respond to another nearby vessel's distress
    transmission and assist in alerting search and rescue personnel.
    That vessel would be more likely to receive and respond to a 2182
    kHz distress message if it maintains a watch on the channel.
    Accordingly, we retain a 2182 kHz watch requirement for
    non-MF-DSC-equipped vessels that are fitted with an SSB
    radiotelephone. Such vessels will be required to maintain the 2182
    kHz watch whenever the vessel is underway and the radio is not being
    used to communicate.[^62] Although we do not relieve these vessels
    of the 2182 kHz watch requirement, we are no longer requiring that
    any vessel carry a 2182 kHz watch receiver. We believe that
    retaining such a carriage requirement would be unduly onerous, given
    that 2182 kHz watch receivers do not appear to be readily available
    in the market and are not essential to maintenance of an effective
    2182 kHz watch.

## Station Logs

18. *Background*. In the *Report and Order*, the Commission amended
    Section 80.409(e) of its rules, which sets forth the requirements
    for ship radiotelephone logs on compulsory vessels.[^63] Prior to
    adoption of the *Report and Order*, Section 80.409(e)(1) had
    required that the logs of ships compulsorily equipped with
    radiotelephones contain a summary of all distress, urgency and
    safety traffic.[^64] The Commission determined in the *Report and
    Order* to relax this log-keeping requirement with respect to urgency
    communications, so that log entries would be required for only those
    urgency communications affecting the station's own ship.[^65] The
    Commission declined Owen Anderson's recommendation that the logging
    requirement for distress communications be relaxed in the same way
    as the logging requirement for urgency communications, in order to
    further relieve the log-keeping burden on the Bridge Officer.[^66]
    The Commission concluded that, as revised, Section 80.409(e)(1)
    would not impose a burden on the Bridge Officer "that is
    unreasonable in light of the benefits to be derived from the
    log-keeping requirement."[^67] In addition, the Commission revised
    Section 80.409(e)(5)[^68] to require a weekly entry in
    radiotelephone logs that (1) the proper functioning of DSC equipment
    has been verified by actual communications or a test call, (2) the
    batteries or other reserve power sources are functioning
    properly, (3) the portable survival craft radio gear and radar
    transponders have been tested, and (4) the EPIRBs have been
    inspected.[^69] Finally, the Commission declined to amend Section
    80.409(a)[^70] to expressly authorize the electronic maintenance of
    logs, as Owen Anderson had urged it to do, because the rules do not
    preclude electronic logs.[^71]

19. *Discussion*. Upon reconsideration, we agree with Kurt Anderson and
    Owen Anderson that the log-keeping requirement should be further
    relaxed with respect to the logging of distress communications.[^72]
    We believe that a requirement to log all distress communications
    received imposes a burden, given that much GMDSS distress traffic
    consists of false alerts or distress communications from vessels
    located at great distance from the receiving vessel. The Bridge
    Officer on a compulsory vessel has many duties that are critical to
    the safe operation and navigation of the vessel, and it would not
    serve the public interest in maritime safety to maintain a
    log-keeping burden on the Bridge Officer that is not commensurate
    with the benefit to be derived from the logged information.[^73]
    Although we believe that it remains critical to have log entries for
    distress communications pertaining to the station's own ship, we
    agree with the petitioners that other information in the log is of
    lesser value.[^74] We therefore amend Section 80.409(e)(1) to
    require the logging of only (a) distress communications that involve
    the station's own ship; (b) distress call acknowledgements and other
    communications from search and rescue authorities; and (c) distress
    alerts relayed by the station's own ship.[^75]

20. Kurt Anderson and Owen Anderson also urge additional modifications
    to the Section 80.409(e) logging and equipment testing requirements,
    generally in order to provide more detailed guidance to ship station
    licensees, but in some cases recommending substantive changes.[^76]
    They request, for example, that Section 80.409(e)(3)[^77] be amended
    to specify the precise equipment that must undergo pre-departure and
    daily testing,[^78] and that Section 80.409(e)(5)[^79] be amended to
    reduce the frequency of testing certain equipment from weekly to
    monthly.[^80] According to Owen Anderson, weekly testing of this
    equipment may lead to battery failure.[^81] We concur with the
    petitioners that the frequency of battery testing should be reduced
    from weekly to monthly, and we amend Section 80.409(e) accordingly.
    This action will address concerns that battery depletion stemming
    from weekly testing could lead to a loss of radio communication
    capabilities. In addition, this action will remove any discrepancy
    with Section 80.1099(f)(2) of the Commission's Rules (which requires
    monthly battery testing),[^82] without having any adverse effect on
    maritime safety. We decline to further amend Section 80.409(e) at
    this time. The essence of the petitioners' complaints about the
    remainder of Section 80.409(e), as currently written, is that it is
    insufficiently precise.[^83] However, we do not believe the current
    rule is ambiguous, and the petitioners do not offer specific
    language that they believe would be preferable to what the rule now
    says. Moreover, adding more detailed log-keeping and equipment
    testing requirements to Section 80.409(e) would run counter to the
    Commission's goals of streamlining the Part 80 rules, relying to the
    greatest reasonable extent on international standards that can be
    incorporated by reference, and not adopting regulations that may
    duplicate or, worse, be inconsistent with Coast Guard requirements.
    However, we will continue to work closely with the Coast Guard to
    ensure that adequate guidance on how to comply with Part 80
    log-keeping, testing and other requirements is readily available to
    licensees from various sources, including the Wireless
    Telecommunications Bureau web page.

21. Finally, upon further deliberation, we conclude that we should amend
    Section 80.409(a) to expressly state that electronic log maintenance
    is permissible.[^84] In the *Report and Order*, the Commission
    declined to so amend the rule because it believed such an amendment
    to be unnecessary in light of the fact that nothing in the rule
    proscribes electronic log maintenance. Following adoption of the
    *Report and Order*, however, the Commission amended its Part 87 rule
    governing log maintenance in the Aviation Radio Service for the
    specific purpose of accommodating electronic log maintenance by
    aeronautical mobile radio licensees.[^85] Because we see no basis
    for taking a different approach in Part 80, and because pleadings
    filed in this proceeding reflect some continuing confusion as to
    whether ship station licensees may maintain logs
    electronically,[^86] we amend Section 80.409(a) to expressly
    authorize electronic log maintenance.

## Procedures for Canceling False Alerts

22. In the *Report and Order*, the Commission addressed a number of
    issues pertaining to safety watch requirements and procedures.[^87]
    Among other things, it adopted new rules, Sections 80.334 and
    80.335, to prohibit false distress alerts and to provide procedures
    for the cancellation of false distress alerts, respectively.[^88] In
    addition, it amended Sections 80.314, 80.315, and 80.316 of the
    Rules,[^89] which prescribe the formats for distress signals,
    distress calls, and distress messages, respectively, to include in
    each rule a cross-reference to Section 80.335 for procedures on
    canceling false distress alerts. The rule requires the station
    operator to, *inter alia*, "\[t\]ransmit a DSC distress alert
    cancellation (*i.e*., own ship's acknowledgement), if that feature
    is available."[^90] In his petition for reconsideration, Owen
    Anderson suggests that Section 80.335(a)(2), (b)(2) and (c)(2) be
    revised by removing the modifier "DSC" to ensure that DSC distress
    alerts are not acknowledged using the "DSC ACKNOWLEDGE" function
    that is found on most existing GMDSS equipment.[^91] In lieu of
    removing the modifier "DSC," we amend the rule to incorporate the
    ITU provision on cancellation of DSC distress alerts, ITU-R M.541-9,
    which requires the station operator to "\[i\]mmediately cancel the
    distress alert orally over the telephony distress traffic channel
    associated with each DSC channel on which the distress alert was
    transmitted."[^92] This will both clarify the requirement and ensure
    its consistency with the applicable international requirement. In
    addition, we discern no reason to continue to maintain three
    separate rules governing the format of distress communications, and
    so we consolidate Sections 80.314, 80.315, and 80.316 into Section
    80.314, in the interest of streamlining and clarifying our
    requirements.[^93]

## Emergency Position Indicating Radiobeacons (EPIRBs)

23. The Commission amended Section 80.1061 of its Rules,[^94] governing
    406.0-406.1 MHz EPIRBs,[^95] in the *Report and Order*.[^96] Among
    other things, the Commission revised the rule to include the current
    version -- version 2.1 -- of the RTCM standard for 406.0-406.1 MHz
    EPIRBs.[^97] In its petition for reconsideration, RTCM says that it
    fully supports the revised regulations for 406.0-406.1 MHz EPIRBs,
    but recommends that the Commission adopt two non-substantive changes
    to Section 80.1061.[^98] First, RTCM asks that Section 80.1061(a) be
    revised to include up-to-date information on how to acquire RTCM
    standards, noting that its address changed as of November 1,
    2003.[^99] Second, RTCM asks that Section 80.1061(c) be amended to
    reflect that the referenced Appendix B of the RTCM standard was
    removed from version 2.1 of that standard to eliminate needless
    duplication of COSPAS-SARSAT standards.[^100] We agree, as does the
    Coast Guard,[^101] that it is appropriate to both update the RTCM
    contact information and eliminate the references to Appendix B of
    the RTCM standard.[^102] We therefore grant RTCM's petition for
    reconsideration.[^103]

## Routine Calling on DSC Frequencies

24. *Background*. In the *Report and Order*, the Commission acknowledged
    that there was a need to clarify the Part 80 rules on the question
    of whether routine, general purpose calling is permitted on DSC
    frequencies.[^104] Specifically, the Commission addressed a
    discrepancy between Section 80.1077, which allowed MF-HF DSC
    frequencies to be used for routine ship-to-ship calling,[^105] and
    Section 80.359(b), which specifies that DSC distress frequencies may
    be used for distress and safety communications and makes no
    provision for routine calling on those frequencies.[^106] The
    Commission clarified that its intent was to prohibit routine calling
    on the DSC frequencies.[^107] The Commission accordingly amended the
    table in Section 80.1077 to make clear that routine calling is not
    permitted on MF and HF DSC frequencies.[^108] The Commission
    concluded that Section 80.359(b) was clear on this point, and so
    made no changes to that rule.[^109]

25. *Discussion***.** We agree with Neuman that the Commission's
    decision to prohibit routine calling on DSC frequencies should be
    reconsidered.[^110] Neuman correctly observes that the DSC
    frequencies offer singular advantages for routine ship-to-ship
    calling.[^111] We also agree that permitting some routine calling on
    the DSC frequencies should not reduce their availability or
    effectiveness for distress and safety calling.[^112] In addition,
    the ITU permits routine calling on DSC frequencies.[^113] We
    therefore amend Sections 80.359 and 80.1077 to authorize the use of
    DSC frequencies for routine calling, in keeping with the ITU
    international *Radio Regulations,* provided that distress and safety
    communications are accorded priority in the use of the channels.
    This action will foster international interoperability and spectral
    efficiency, providing vessels with an additional mechanism for
    routine ship-to-ship calling without undermining the primary
    function of the DSC frequencies as distress and safety
    channels.[^114]

# third report and order

## DSC Equipment Standards

26. *Background*. In the *Second Further Notice*, the Commission
    requested comment on whether Section 80.225(a) of the Commission's
    Rules[^115] should be amended to impose more rigorous requirements
    for DSC equipment voluntarily installed in coast or ship
    stations.[^116] Currently, the rule specifies that such DSC
    equipment must meet either the requirements of ITU-R M.493-10
    (including only equipment classes A, B, D and E) or RTCM Paper
    56-95/SC101-STD (SC101).[^117] However, the ITU has approved a new
    version 11 of the ITU-R M.493 standard (which incorporates by
    reference ITU-R M.541-9), and the IEC has adopted a new standard --
    IEC 62238 -- describing certification requirements for a Class D
    (VHF) DSC radio. The Commission sought comment on whether all DSC
    equipment should be required to meet Recommendation ITU-R M.493-11,
    and whether Class D DSC equipment should be required to also meet
    IEC 62238, in lieu of SC101.[^118] The Commission noted that IEC
    62238 includes a functional requirement requiring dual receivers, to
    ensure that a DSC call can be received while voice traffic is being
    received on another channel, and questioned whether upgrading to the
    IEC 62238 standard would make it prohibitively expensive to comply
    with the rule.[^119]

27. *Discussion*. After reviewing the record, we conclude that DSC
    equipment should be required to meet the ITU-R M.493-11 and ITU-R
    M.541-9 standards and, in the case of Class D equipment, the IEC
    62238 standard as well, and we amend Section 80.225(a) accordingly.
    Compliance with IEC 62238 would require Class D VHF DSC radios to
    incorporate many new safety features and functions, including dual
    receiver functionality, revised alarming designed to prevent sound
    interference with ongoing safety communications, and Global
    Positioning System (GPS) interconnection alarms designed to ensure
    that distress alerts include a valid position.[^120] RTCM itself
    explains that its SC101 standard was developed in contemplation of a
    low-cost radio that would provide basic DSC functionality for
    boaters at minimal cost.[^121] RTCM says the new standards are far
    superior to what it terms "the compromised SC101 standard."[^122] In
    sum, the safety benefits of requiring compliance with the newer
    standards are not disputed.

28. In response to the Commission's specific question as to the costs of
    meeting the IEC 62238 standard, the Coast Guard, RTCM, and La Varre
    all assert that compliance would not be prohibitively expensive.
    According to the Coast Guard, the cost of IEC 62238-compliant radios
    is less than what SC101-compliant radios cost just a few years ago,
    and IEC 62238-compliant radios are now retailing for under
    \$200.[^123] RTCM makes the same point, saying it has observed that
    installed radios meeting the ITU/IEC Class D standards (with two
    receivers) are now available in the United States for as little as
    \$180, which is less than the price of SC101 radios when they were
    introduced.[^124] La Varre adds, "The cost of implementing a second
    receiver for channel 70 should not be a factor; it is very
    inexpensive to implement a receiver section with today's
    technology."[^125] We conclude that the relatively low retail cost
    of IEC 62238-compliant radios, coupled with the significant
    grandfathering protections we are providing to permit continued
    manufacture, importation, sale and use of DSC equipment authorized
    under the earlier standards, as discussed below, will minimize the
    burden of compliance, and that the maritime safety benefits of the
    new requirements clearly outweigh the costs.[^126]

29. We will stop accepting requests for certification of non-handheld
    radios that do not comply with the new standards one year after the
    effective date of these rule amendments, and we will stop accepting
    requests for certification of handheld radios that do not comply
    with the new standards four years after the effective date.[^127]
    Although RTCM and the Coast Guard recommend that the Commission
    cease authorizing new non-handheld DSC radios on the basis of SC101
    beginning ninety days after the effective date of these rules,[^128]
    and La Varre suggests that manufacturers be given a six-month "grace
    period" for equipment currently in the design phase,[^129] we agree
    with NPMRC that we should provide one full year before the
    Commission stops accepting applications for certification of
    non-handheld SC101 radios.[^130] We believe that the longer
    transition period better comports with marine radio equipment
    manufacturers' design cycles, and will ensure that manufacturers'
    investment in the design and manufacture of new SC101 radios is not
    stranded, while at the same time providing for a reasonably quick
    phase-in of equipment meeting the new standards. In addition, we
    will prohibit the manufacture, importation, sale or installation of
    SC101 radios three years after the effective date of these
    amendments, in keeping with the Coast Guard-endorsed recommendation
    of RTCM.[^131] This three-year grandfathering period will provide
    manufacturers and vendors with enough time to exhaust their
    inventories of non-handheld SC101 equipment, while giving vessel
    operators a reasonable opportunity to budget for the purchase of
    equipment meeting the new standards. With respect to handheld,
    portable DSC radios, we agree with RTCM that a longer phase-in
    period is warranted. RTCM recommends without opposition, and we
    concur, that it would be appropriate to continue to accept
    applications for certification of handheld SC101 radios for four
    years after the effective date of the rule amendments, and to permit
    the manufacture, importation and sale of handheld SC101 radios until
    seven years after the effective date.[^132] Finally, we will
    grandfather indefinitely the use of any DSC equipment that was
    properly certified under SC101 and placed in service prior to the
    expiration of the relevant transition period.[^133]

## INMARSAT Ship Earth Stations

30. *Background*. Section 80.905 of the Commission's Rules permits ships
    operating more than one hundred nautical miles from shore to carry
    certain INMARSAT ship earth stations in lieu of an SSB radio.[^134]
    In the *Second Report and Order*, the Commission revised Section
    80.905 to limit the ship earth stations authorized under that
    section to INMARSAT A (existing units only), B, C or M earth
    stations.[^135] In the *Second Further Notice*, the Commission noted
    that the IMO had recently accepted the INMARSAT Fleet F77 ship earth
    station as also meeting GMDSS requirements, and that the IEC had
    published a certification standard covering the INMARSAT Fleet
    F77.[^136] The Commission accordingly invited comment on whether
    Section 80.905 should be further amended to include the INMARSAT
    Fleet F77 in the list of ship earth stations that are permitted to
    be used in lieu of an SSB radio.[^137] The Commission also inquired
    as to whether any mobile satellite equipment meeting the IMO GMDSS
    requirements and the IEC certification requirements should be
    authorized for use under Section 80.905, and whether any mobile
    satellite system meeting the Commission's requirements for enhanced
    911 (E-911) emergency calling and relevant IEC certification
    requirements should be so authorized.[^138]

31. *Discussion*. In keeping with the consensus of the commenters, we
    add the INMARSAT Fleet F77 earth station to the list of ship earth
    stations that may be carried in lieu of an SSB radio by ships
    operating more than one hundred nautical miles of shore.[^139] As
    the Commission noted in the *Second Further Notice*, the IMO has
    accepted the INMARSAT Fleet F77 earth station as meeting GMDSS
    requirements.[^140] Inmarsat notes that the INMARSAT Fleet F77 earth
    station provides "as good or better functionality" than INMARSAT A
    and B earth stations, both of which are already listed in the rule,
    and is lighter than either of those stations.[^141] Adding the
    INMARSAT Fleet F77 earth station to the list of acceptable earth
    stations would therefore facilitate the replacement of older, less
    efficient earth stations, while providing the maritime community
    with additional equipment options.[^142]

32. In addition, we agree in principle with those commenters who contend
    that there is no reason to withhold authorization under Section
    80.905 of any mobile satellite equipment meeting the IMO GMDSS
    requirements and the IEC certification requirements.[^143] We
    decline, however, to rewrite the rule to generally permit use in
    lieu of an SSB radio of any earth station meeting IMO GMDSS and IEC
    certification requirements, because we believe listing the specific
    types of approved earth stations is less likely to engender
    confusion. Given that at present, there are no other classes of
    earth station that have been approved by the IMO for GMDSS other
    than those listed in Section 80.905, as amended herein, we take no
    further action at this time. Instead, we will entertain future
    requests to amend the rule to add any additional mobile satellite
    equipment that is subsequently approved.

33. We also conclude that it would not be prudent to amend the rule to
    authorize any mobile satellite system equipment with E-911
    functionality. An earth station could have E-911 functionality and
    yet not satisfy the IMO GMDSS requirements. We agree with the Coast
    Guard and RTCM that such equipment should not be authorized for use
    under Section 80.905.[^144] As the Coast Guard explains, "until
    operation and capabilities of E-911 functionality in mobile
    satellite equipment becomes better defined, and equipment capable of
    meeting the environmental requirements of ships becomes available,
    ... mobile satellite equipment used to meet vessel carriage
    requirements \[should\] be limited to that meeting the ... GMDSS
    requirements."[^145]

## Reserve Power Requirements for Small Passenger Vessels

34. *Background*. Section 80.917 of the Commission's Rules requires
    vessels of more than one hundred gross tons to have a reserve power
    supply meeting certain minimum standards.[^146] In 2002, the
    National Transportation Safety Board (NTSB) recommended that the
    Commission amend Section 80.917 to extend this reserve power
    requirement to small passenger vessels of one hundred gross tons or
    less in the interest of maritime safety.[^147] The NTSB arrived at
    this recommendation, NTSB Recommendation M-02-17, in the wake of its
    investigation of a November 17, 2000 fire on board the small
    passenger vessel *Port Imperial Manhattan* in the Hudson
    River.[^148] The Commission requested comment on the NTSB proposal,
    asking proponents of an extension of the reserve power supply
    requirement to consider whether the Commission should simply remove
    the tonnage limitation in Section 80.917, or whether additional or
    alternative rule changes are warranted.[^149] The Commission asked
    commenters to provide information on the costs to small vessel
    operators of complying with such a requirement, and whether the
    safety benefits to be derived therefrom outweigh the compliance
    costs.[^150]

35. *Discussion*. We agree with the majority of the commenters that the
    reserve power supply requirement should be broadened in scope.[^151]
    A reserve power supply can make a life-or-death difference for
    passengers and crew on board a passenger vessel in distress. Without
    a reserve power supply, a small passenger vessel may be unable to
    communicate via radiotelephone with search and rescue personnel in
    an emergency, and that inability to communicate could jeopardize the
    safety of those on board.[^152] In addition, the record does not
    reveal any alternative to a reserve power supply that would be
    equally effective in ensuring that a vessel could communicate with
    search and rescue personnel in the event of a loss of ship
    power.[^153]

36. The record does not provide extensive information on the costs that
    would be incurred by small passenger vessel operators to comply with
    an expanded reserve power supply requirement. The Task Force and
    RTCM believe that the cost is reasonable when balanced against the
    safety benefits, but do not attempt to quantify the cost.[^154] In
    an *ex parte* presentation filed in the record of this proceeding,
    NMCA estimates the cost of acquiring a reserve power supply at
    between eighty and four hundred dollars.[^155] NMCA asserts that
    this cost would represent a significant burden for its members,
    charter boat operators, the majority of which are very small
    businesses.[^156] NMCA therefore opposes imposition of the reserve
    power supply requirement on small charter boat operators.[^157]

37. Although the Task Force and RTCM both advocate simply removing the
    tonnage limitation in Section 80.917, and thus applying the reserve
    power supply requirement to all small passenger vessels without
    exception,[^158] we believe the requirement should be extended at
    this time only to those vessels that would most benefit from a
    reserve power source and that are best able to absorb the economic
    impact of the requirement. Specifically, we adopt a proposal
    advanced by PVA[^159] that would extend the reserve power supply
    requirement to (a) small passenger vessels of less than one hundred
    gross tons that carry more than 150 passengers or have overnight
    accommodations for more than forty-nine persons;[^160] and (b) other
    small passenger vessels of less than one hundred gross tons[^161]
    that are required to carry EPIRBs under the Coast Guard's Navigation
    and Vessel Inspection Circular No. 3-99 (NVIC 3-99), *i.e*., that
    operate on the high seas or more than three miles from shore on
    Great Lakes voyages.[^162] We believe this approach appropriately
    takes into account a vessel's passenger capacity and area of
    operation in weighing the costs and benefits of imposing the reserve
    power supply requirement, and addresses NMCA's concerns that the
    burden of the reserve power requirement is excessive in comparison
    to its benefits for small charter boat operators that carry
    relatively few passengers and that remain close to shore.[^163] As
    PVA points out, the Coast Guard recognizes, as manifested in its
    separate Subchapter K and Subchapter T regulatory frameworks, "that
    all small passenger vessels should not be lumped together for all
    regulatory purposes."[^164] Consequently, the Coast Guard imposes
    additional requirements on vessels subject to Subchapter K or NVIC
    3-99 because the safety of those vessels takes on added importance
    due to either the greater potential loss of life in the event of a
    distress situation or the vessel's potential distance from shore and
    from land-based rescuers. We place great reliance on the Coast
    Guard's endorsement of this proposal in its reply comments[^165] in
    concluding that it accords proper weight to the paramount goal of
    improving maritime safety.[^166] In sum, we agree with the Coast
    Guard that this approach achieves the "necessary balance between
    enhanced maritime safety and economic burden."[^167]

38. We note that no commenter proposed or even discussed an appropriate
    compliance deadline for the small passenger vessels newly subject to
    the reserve power supply requirement. The Commission often provides
    for a transition period before licensees are required to comply with
    new maritime equipment requirements, and we believe we should
    provide for a transition period with respect to this requirement. In
    the absence of any comments on this issue, we will provide that
    small passenger vessels newly subject to the reserve power
    requirement must comply with that requirement within one year after
    the effective date of these rule amendments. We believe a one-year
    period fairly balances the interest in minimizing the compliance
    burden against the interest in deploying new maritime safety
    features expeditiously.

39. Although we find, on the basis of the instant record, that we should
    not extend the reserve power supply requirement to *all* small
    passenger vessels, we strongly encourage the owners and operators of
    small passenger vessels that are not subject to this reserve power
    supply requirement to nonetheless install a reserve power supply on
    such vessels, or to at least take other measures, such as carriage
    of VHF marine handheld radio equipment, as a means of maintaining
    the ability to communicate with search and rescue personnel in the
    event of a disruption to the ship's main power supply. In addition,
    in the *Third Further Notice*, we request comment on whether the
    carriage of at least one VHF marine handheld radio transceiver
    should be mandatory for all small passenger vessels that are not
    subject to the requirement to carry a reserve power supply.[^168]

## Commercial Operator License Issues

40. *Background*. In the *Second Further Notice*, the Commission invited
    comment on a proposal to extend the license terms of GMDSS Radio
    Operator's Licenses, GMDSS Radio Maintainer's Licenses, GMDSS
    Operator/Maintainer Licenses, and Marine Radio Operator Permits from
    five years to the lifetime of the holder.[^169] Commenters were also
    asked whether such an extension of the license term, if adopted,
    should apply to existing licenses as well as new licenses.[^170] The
    Commission also asked commenters to consider two possible amendments
    of the rules pertaining to commercial radio operator license
    examinations. First, the Commission questioned whether it should
    remove the requirement in Section 13.215 of its Rules[^171] that
    COLE Managers use only the most recent question pool made available
    to the public in selecting questions for an examination.[^172] The
    Commission explained that it might be beneficial to provide a
    reasonable transition period before use of a new question pool
    becomes mandatory, and that, if the rule were amended in this
    manner, the Wireless Telecommunications Bureau could announce a
    transition period for phasing in the use of any new question pool in
    the same public notice in which it announces the establishment and
    availability of that question pool.[^173] Second, the Commission
    requested comment on whether it should amend Section 13.203(a) of
    its Rules[^174] by deleting the specification of the number of
    questions for each examination element. If the number of questions
    for each examination element is not codified, the Commission
    reasoned, the Wireless Telecommunications Bureau would have the
    flexibility to specify the number of questions for a given
    examination element in a public notice, obviating the need to
    undertake a rulemaking every time the number of questions is
    changed.[^175]

41. *Discussion*. We adopt all of the amendments to the commercial radio
    operator rules discussed above. We extend license terms for GMDSS
    Radio Operator's Licenses, Restricted GMDSS Radio Operator's
    Licenses,[^176] GMDSS Radio Maintainer's Licenses, GMDSS
    Operator/Maintainer Licenses, and Marine Radio Operator Permits to
    the lifetime of the holder because the renewal process imposes an
    unnecessary paperwork and filing fee burden on licensees inasmuch as
    licensees' continued competency is not assessed in any way upon
    renewal,[^177] and because there appears to be no reason to treat
    these licenses differently in this connection from those that
    already have lifetime terms.[^178] The lifetime term will apply to
    existing licenses as well as new licenses, as of the effective date
    of these rule amendments.[^179] Finally, we also eliminate both the
    Section 13.215 requirement that COLE Managers use the most recent
    question pool available to the public, and the Section 13.203
    specifications of the number of questions for each examination
    element. These rule changes will provide both the Commission and
    COLE Managers with additional flexibility in managing the
    examination administration process.[^180]

## Ship Security Alert System (SSAS)

42. *Background*. On May 29, 2003, the IMO adopted Resolution
    MSC.147(77), Adoption of the Revised Performance Standards for a
    Ship Security Alert System, to provide a means for certain ships to
    transmit a covert security alert to shore to indicate that the
    security of the ship is under threat or has been compromised. The
    Resolution was incorporated into SOLAS Chapter XI-2, Regulation 6
    and went into effect on July 1, 2004. The Resolution recommended
    only functional requirements for the SSAS.[^181] In the *Second
    Further Notice*, the Commission requested comment to assist it "in
    formulating the rules to guide the industry in making communications
    equipment to meet the needs of the SSAS."[^182] The Commission asked
    commenters to address, for example, appropriate requirements for
    SSAS equipment, certification, testing, registration, technical
    performance, message content and format, and routing of ship
    security alerts.[^183]

43. *Discussion*. In accord with the consensus view of the commenters
    addressing this issue,[^184] we provide for the authorization of
    SSAS equipment designed to operate with the COSPAS-SARSAT system,
    and the authorization of INMARSAT D+ equipment for SSAS. RTCM notes
    that it was asked by the National Oceanic and Atmospheric
    Administration to develop a standard for SSAS equipment using the
    COSPAS-SARSAT system because there are certain message content
    requirements for SSAS messages transmitted via COSPAS-SARSAT and
    because the configuration of the installed SSAS unit is different
    from the portable beacons used with other COSPAS-SARSAT
    services.[^185] RTCM has completed such a standard, RTCM Paper
    110-2004/SC110-STD (SC110), and the commenters addressing this issue
    unanimously favor reliance on SC110 in certifying COSPAS-SARSAT SSAS
    units.[^186] We therefore amend the rules[^187] to provide for the
    certification of COSPAS-SARSAT SSAS units, incorporating by
    reference SC110 as the governing standard. In addition, we also
    amend Part 80 to provide for the certification and use of INMARSAT
    D+ equipment because such equipment is presently available and
    suitable for the transmission of SSAS alerts.[^188]

44. We otherwise refrain from regulating SSAS. SSAS messages can be
    transmitted through existing communications systems, so there is
    generally no need to establish SSAS-specific rules in Part 80.[^189]
    In particular, we do not adopt any requirements of general
    applicability with respect to SSAS message content and format, or
    the routing of ship security alerts. Other than with respect to
    COSPAS-SARSAT SSAS equipment, there does not appear to be any need
    for the Commission to regulate SSAS message content and format, or
    to augment the SOLAS regulation governing the routing of security
    alerts, Regulation XI-2/6.2.1. No commenter has suggested otherwise.
    Inmarsat cautions, moreover, that the Commission's adoption of SSAS
    requirements beyond those established by the IMO and the Coast Guard
    "may limit the diversity of SSAS available to ship operators and
    inadvertently provide information to pirates and other bad actors
    that might be used to circumvent SSAS."[^190] We concur that it is
    unnecessary, and could be counterproductive, to adopt additional
    Part 80 requirements for SSAS.[^191]

## Updated References to International Standards

45. The Commission noted in the *Second Further Notice* that one of the
    key goals of the WT Docket No. 00-48 rulemaking proceeding is to
    keep the Part 80 rules up to date with respect to changes in the
    relevant international standards.[^192] It accordingly asked
    commenters to identify any IMO, ITU, IEC or other standards
    incorporated by reference in Part 80 that have been revised or
    updated subsequent to the adoption of the *Report and Order* on
    March 27, 2002.[^193] In addition, the Commission specifically asked
    whether it should make the on-board frequencies listed in Section
    80.373(g) of the Commission's Rules[^194] available for narrowband
    operations in light of the narrowbanding of these frequencies by the
    ITU.[^195] After reviewing the comments, we update a number of the
    standards incorporated by reference in Part 80.[^196] In addition,
    we agree with RTCM that narrowbanding the frequencies listed in
    Section 80.373(g) is appropriate to align the Part 80 rules with the
    ITU channel plan.[^197] Narrowbanding also promotes efficient
    spectrum use.[^198]

## 2002 Biennial Review

46. On November 8, 2002, Globe Wireless filed *ex parte* comments in the
    2002 Biennial Regulatory Review proceeding proposing the elimination
    or revision of a number of Part 80 rules.[^199] The Globe Wireless
    Comments were incorporated into the record of this proceeding, and
    the Commission requested comment on them in the *Second Further
    Notice*.[^200] The Commission also noted that some additional
    changes to the Part 80 Rules may be warranted as "housekeeping"
    measures, and requested comment on several specific proposals.[^201]
    We address these matters below.[^202] In the following section,
    Section IV.H., we adopt additional housekeeping amendments to Part
    80.

47. *Remote Control Programming of Transmitters*. Section 80.203(b)(3)
    of the Commission's Rules requires that the programming of
    (non-preprogrammed) channels in maritime radio transmitters "be
    performed only by a person holding a first or second class
    radiotelegraph operator's certificate or a general radiotelephone
    operator's license" using specified procedures.[^203] Globe Wireless
    suggests that Section 80.203(b)(3) be eliminated because it does not
    reflect the reality that transmitters today may be programmed
    accurately through the use of remote computers without any danger of
    operation on unauthorized frequencies.[^204] MariTEL supports this
    Globe Wireless proposal, noting that advances in communications
    networking systems have permitted increasingly centralized control
    of shore stations, such that "programming of VHF transmitters at any
    site is primarily accomplished via remote control software, which
    provides the ability to more effectively control, monitor and
    maintain the communications system."[^205] We agree with Globe
    Wireless and MariTEL that computerized remote control programming of
    maritime transmitters offers significant operating efficiencies, and
    can be performed accurately and without raising the risk of
    operation on unauthorized frequencies.[^206] However, we do not
    simply delete Section 80.203(b), as requested by Globe Wireless,
    because that would remove the requirement that manual, *i.e*.,
    non-remote control, programming be done only by persons holding one
    of the enumerated Commission authorizations.[^207] Instead, we
    retain Section 80.203(b)(3) but add to it a provision permitting
    computerized remote control programming of maritime transmitters,
    provided that the remote control software is disabled from selecting
    non-authorized frequencies.

48. *Emission Classes*. Globe Wireless and MariTEL both recommend
    amending Section 80.207 of the Commission's Rules[^208] so that any
    emission class of the licensee's choosing may be used on any
    non-distress frequencies, provided that licensees transmit only
    within their authorized bandwidth and in compliance with the
    applicable emission mask.[^209] According to Globe Wireless and
    MariTEL, the Section 80.207 list of permissible emission classes is
    not up to date, does not accommodate new technologies and services,
    is imprecise, and is an archaic approach to regulating
    emissions.[^210] MariTEL argues that any list of permissible
    emission types is bound to require frequent revision in order to
    reflect new technologies and services, and is likely to be obsolete
    in some respects at any given time.[^211] While we agree that
    eliminating the list of emission designators might be of some
    benefit in terms of licensee flexibility, that action would also
    cause the Commission's rules to diverge from the ITU international
    *Radio Regulations*.[^212] We generally are reluctant to have the
    Part 80 technical rules diverge from international standards without
    compelling reason, and we agree with the Coast Guard that we should
    not do so in this case.[^213] Emission designators remain a
    significant spectrum management tool. According to the Coast Guard,
    moreover, "until such time as appropriate rules governing new
    technologies are developed and promulgated the elimination of
    existing emission designators would adversely affect
    interoperability, and could have adverse effects on the safety of
    the maritime public, and further could potentially affect other
    sovereign states."[^214] We therefore decline at this time to amend
    Section 80.207(d) to remove the list of permissible emission
    classes.[^215]

49. *Morse Code Frequencies*. Globe Wireless requests[^216] that we
    delete Sections 80.355 and 80.357 of the Rules.[^217] RTCM agrees
    that these rules, which pertain to Morse code radiotelegraphy,
    should be deleted as obsolete.[^218] The Commission addressed this
    issue in the *Report and Order*, and there declined to delete
    Sections 80.355 and 80.357.[^219] The Commission also indicated that
    it would revisit this issue if the record were augmented to
    establish whether the Morse radiotelegraph frequencies are being
    used.[^220] In the absence of additional record information on this
    subject, we remain unconvinced that deleting the Morse
    radiotelegraph frequency tables is necessary or beneficial at this
    time. We note that Globe Wireless did not explain why the sections
    should be deleted. There remain a number of valid licenses with
    Morse radiotelegraphy authorizations.[^221] It should also be noted
    that eliminating the Morse rules would not make additional spectrum
    available to other users in the 4-27 MHz band due to the sharing of
    this spectrum with facsimile operations.[^222] We therefore decline
    to delete Section 80.355 or Section 80.357.

50. *Frequency Allotments and Limitations*. Globe Wireless requests
    various amendments of Sections 80.363 and 80.371 of the Commission's
    Rules.[^223] With respect to Section 80.363, which sets forth the
    frequencies available for facsimile communications, Globe Wireless
    requests the removal of limitations on use of the frequencies for
    "data/fax" by ship stations, coupled with a freeze on assignments of
    the listed frequencies to coast stations, in order to address what
    it deems an insufficiency in the spectrum available for ship
    facsimile communications.[^224] With respect to Section 80.371,
    which describes the frequencies available for radiotelephony public
    correspondence, Globe Wireless views both the allotment of discrete
    frequencies for each coastal region[^225] and continued reliance on
    Appendix 25 of the international *Radio Regulations*[^226] as
    anachronisms, urging that the Commission instead rely on "general
    principles of non-interference" in assigning public correspondence
    frequencies.[^227] We received no comments pertaining to these
    recommendations, and we conclude that there is an insufficient
    record to adopt any of these recommendations at this time. However,
    we recognize that there may be a need to provide additional channels
    for ship station facsimile communications, and we request comment in
    the *Third Further Notice, infra*, as to whether additional
    spectrum, perhaps spectrum currently designated for unused or
    underused voice channels, should be made available for that
    purpose.[^228]

51. *Additional Proposals*. As noted above, the Commission requested
    comment in the *Second Further Notice* not only on the Globe
    Wireless Comments but also on some additional changes to the Part 80
    Rules that the Commission believed may be warranted as
    "housekeeping" measures.[^229] First, the Commission questioned
    whether note 5 to Section 80.207(d) of the Commission's Rules[^230]
    can be deleted as obsolete because the note grandfathers certain
    transmitters manufactured prior to December 31, 1969, and such
    transmitters are not likely to still be in use.[^231] Second, the
    Commission observed that tables of frequencies in Sections 80.207(d)
    and 80.313 of the Rules[^232] include entries for the frequency band
    1605-27500 kHz, but that the only maritime mobile operations
    permitted in the broadcast AM expanded band, 1605-1705 kHz, are
    those authorized pursuant to footnote US299 of the Table of
    Frequency Allocations, which does not encompass 1605-1615 kHz.[^233]
    The Commission therefore proposed to amend those rules to list 1615
    kHz as the low end of the band.[^234] Finally, the Commission
    proposed to further revise the Section 80.207(d) table by removing
    the listing of the 14.00-14.05 GHz band for ship radiodetermination
    use because there are no current or planned radionavigation
    operations in the band.[^235] RTCM, the only commenter addressing
    these proposals, states that it has no objection to any of
    them.[^236] We therefore amend these rules for the reasons discussed
    in the *Second Further Notice*.[^237]

## Other Matters.

52. In the course of reviewing the Part 80 rules and the comments filed
    in this proceeding, several regulatory discrepancies, obsolete rules
    and typographical errors were identified by Commission staff or have
    otherwise come to our attention.[^238] We hereby adopt corrective
    amendments. These amendments are not substantive and do not impose a
    new compliance burden on any entity. We discuss these amendments
    below.[^239]

53. *Federal Government Ship Stations*. Section 80.15(d)(4) of the
    Commission's Rules provides that a ship station license may be
    issued by the Commission to "\[a\]ny agency of the U.S. Government
    subject to section 301 of the Communications Act."[^240] Prior to
    1996, Section 305(b) of the Communications Act of 1934, as amended,
    provided that "\[r\]adio stations on board vessels of the Maritime
    Administration of the Department of Transportation or the Inland and
    Coastwise Waterways Service shall be subject to the provisions of
    this subchapter."[^241] However, this statutory provision was
    deleted in the Telecommunications Act of 1996.[^242] Accordingly,
    the Commission no longer has jurisdiction over any Federal
    Government-owned ship radio stations, and Section 80.15(d)(4) of the
    Commission's rules is, as a consequence, obsolete. We therefore
    delete Section 80.15(d)(4).

54. *Exemption from Equipment Certification Requirements for Certain
    Vessels in the Maritime Security Fleet*. On November 24, 2003, the
    President signed into law the National Defense Authorization Act for
    Fiscal Year 2004.[^243] Among other things, this statute directs the
    Secretary of Transportation, in consultation with the Secretary of
    Defense, to establish a Maritime Security Fleet, "a fleet of active,
    commercially viable, militarily useful, privately owned vessels to
    meet national defense and other security requirements and maintain a
    United States presence in international commercial shipping."[^244]
    The Maritime Security Fleet is to be comprised of privately-owned,
    United States-documented vessels,[^245] and the owner or operator of
    each vessel to be included in the Maritime Security Fleet must enter
    into an operating agreement with the Secretary of
    Transportation.[^246] That operating agreement is to include an
    Emergency Preparedness Agreement making the subject vessel and
    vessel-related resources available to the Federal Government "upon a
    request by the Secretary of Defense during time of war or
    emergency."[^247] Of particular relevance to the Part 80 rules is a
    provision of the statute that effectively exempts from the
    Commission's equipment certification requirements certain vessels
    that have been redocumented under the laws of the United States in
    order to be included in the Maritime Security Fleet.[^248] To
    reflect this statutory provision in our rules, we amend Section
    80.43, which currently requires maritime radio transmitters to be
    authorized by the Commission based on compliance with Part 80
    technical requirements.[^249] Specifically, we amend Section 80.43
    to exempt from its reach those vessels in the Maritime Security
    Fleet that are deemed to satisfy all Commission equipment
    certification requirements pursuant to Section 53108(c) of Title 46
    of the United States Code.

55. *Ship Earth Station Document Requirements.* Section 80.51 of the
    Commission's Rules specifies that a ship earth station authorized to
    operate in the INMARSAT space segment must display the Commission's
    license "in conjunction with the commissioning certificate issued by
    the INMARSAT organization."[^250] INMARSAT, however, no longer
    issues commissioning certificates. As a result, the reference to
    INMARSAT commissioning certificates is obsolete and potentially
    confusing. We also believe that, given the existence of other
    satellite systems offering maritime mobile satellite service, the
    license display requirement should be generic, rather than
    INMARSAT-specific, and we therefore amend Section 80.51 to simply
    state that a ship earth station must display the Commission license.

56. *Implementation of U.S./Canada Agreement*. Section 80.57 of the
    Commission's Rules implements an agreement between the United States
    and Canada regarding the assignment of VHF frequencies to public
    coast stations in specified areas.[^251] Section 80.57(d)(5)
    specifies a long-expired deadline for compliance with the
    arrangement, and provides an exemption from that deadline to
    specified U.S. public coast stations that no longer exist.[^252] We
    therefore delete Section 80.57(d)(5) as obsolete.

57. *INMARSAT Ship Earth Stations*. Section 80.203(g) of the
    Commission's Rules prescribes requirements for applicants seeking
    authorization of earth ship station transmitters intended for use in
    the INMARSAT space segment.[^253] The rule states in part that such
    equipment "must be verified in accordance with the technical
    requirements provided by INMARSAT and must be type approved by
    INMARSAT for use in the INMARSAT space segment."[^254] However,
    although INMARSAT grants ship earth stations approval to access
    INMARSAT space segment, it no longer tests and approves the
    equipment. We accordingly amend Section 80.203(g) to specify that
    the subject equipment must be approved for use in the INMARSAT space
    segment by a notified body[^255] in accordance with technical
    requirements provided by INMARSAT. We also amend Section 80.1103(c)
    of the Rules for the same reason.[^256]

58. *Alternative Carrier Frequencies*. The ITU *Radio Regulations* were
    amended at WRC-03[^257] to specify that the alternative carrier
    frequencies 12359 kHz and 16537 kHz may be used by ship stations and
    coast stations for calling on a simplex basis, provided that the
    peak envelope power does not exceed 1 kW.[^258] The frequency 12359
    kHz is listed in Section 80.373(c) of the Rules as a simplex channel
    assignable to private coast stations,[^259] and the frequency 16537
    kHz is listed in Section 80.371(b)(2) of the rules as a simplex
    channel assignable to public coast stations and available for use by
    authorized ship stations for transmissions to coast stations.[^260]
    We add a footnote to each of these rules to reflect the ITU
    provision pertaining to 12359 kHz and 16537 kHz.

59. *Frequencies for Automated Systems.* Section 80.385(d) of the
    Commission's rules describes the carrier frequencies assignable to
    automated multi-station systems in the Great Lakes.[^261] However,
    there are no stations licensed to use these frequencies pursuant to
    Section 80.385(d), and these frequencies are no longer assignable to
    automated multi-station systems because they have been licensed to
    VHF public coast station geographic licensees pursuant to Section
    80.371(c)(1).[^262] We therefore delete Section 80.385(d).

60. *VHF Maritime Channels 75 and 76*. In the *Second Report and Order*,
    the Commission redesignated VHF maritime Channels 75 (156.775 MHz)
    and 76 (156.825 MHz), which previously had been designated as guard
    bands for Channel 16 (156.800 MHz), to be used for port
    operations.[^263] The Commission amended Section 80.373(f) of the
    Rules[^264] to reflect the redesignation of Channels 75 and 76, but
    neglected to also modify the table of frequencies in Section
    80.871(d) of the Rules.[^265] As a consequence, Section 80.871(d)
    still indicates that Channels 75 and 76 are guard bands. We rectify
    that omission here, and modify the table of frequencies accordingly.

61. *General small passenger vessel exemptions*. Section 80.933 of the
    Commission's Rules exempts certain classes of small passenger
    vessels from specified equipment requirements.[^266] We remove
    Section 80.933(c), which provides for a conditional exemption from
    certain equipment requirements, as redundant with Section
    80.905.[^267] In addition, we remove Section 80.933(d) as obsolete
    because it provides an exemption that, by its terms, expired on
    February 1, 1999.[^268]

62. *GMDSS Implementation*. The GMDSS equipment carriage requirements
    generally were phased in over the period from February 1, 1992 to
    February 1, 1999.[^269] Section 80.1065 of the Commission's Rules
    provides a timetable for vessels to come into compliance with the
    GMDSS requirements.[^270] The most recent compliance deadline listed
    in the rule is February 1, 1999. We therefore amend Section 80.1065
    to remove all references to the expired deadlines.[^271]

63. *Fishing Vessel Exemption*. Section 80.1071(c) of the Commission's
    rules exempts fishing vessels of 300 gross tons and upward from the
    Subpart W GMDSS requirements pertaining to VHF-DSC and MF-DSC
    equipment, provided that those vessels remain within communications
    range of coast stations operating on maritime VHF Channel 16 (with
    respect to VHF-DSC) or the frequency 2182 kHz (with respect to
    MF-DSC),[^272] until one year after the Coast Guard establishes
    GMDSS coast facilities for Sea Areas A1 and A2, respectively, if
    certain requirements are met.[^273] Section 80.1071(c)(1) requires,
    as a condition of the exemption, that the subject fishing vessels
    carry, among other things, a VHF radiotelephone installation meeting
    the requirements of Section 80.1101(c)(2) and an MF or HF
    radiotelephone installation meeting the requirements of Section
    80.1101(c)(3) and (4).[^274] However, the cross-referenced
    provisions of Section 80.1101(c) incorporate by reference
    international standards that mandate DSC capability.[^275] As
    currently crafted, then, the rules mandate that the subject fishing
    vessels carry DSC equipment in order to be relieved of the
    requirement to carry such equipment. We correct this anomaly by
    removing the cross-references to Sections 80.1101(c)(2)-(4).

64. *GMDSS Radio Operator Requirements*. Section 80.1073(a) of the
    Commission's Rules requires vessels subject to the GMDSS
    requirements to carry at least two persons holding GMDSS Radio
    Operator's Licenses.[^276] It cross-references two rules in Part 13,
    Sections 13.2 and 13.21, that no longer exist.[^277] We amend
    Section 80.1073(a) by inserting the appropriate cross-references, to
    Sections 13.7 and 13.203, respectively.[^278]

65. *Survival Craft Equipment*. Section 80.1095 of the Commission's
    Rules sets forth the requirements for survival craft equipment
    applicable to GMDSS-participating vessels.[^279] The last sentence
    of Section 80.1095(a) grandfathers some non-compliant two-way VHF
    radiotelephone equipment until February 1, 1999.[^280] Given the
    length of time that has passed since February 1, 1999, we delete the
    last sentence of Section 80.1095(a) as obsolete.

66. *References to Type Acceptance*. Several Part 80 rules still refer
    to "type acceptance" of equipment. However, the equipment
    authorization process formerly known as type acceptance was combined
    with the equipment authorization process known as certification in
    1998, with the combined process termed certification.[^281]
    Accordingly, we replace all obsolete Part 80 references to "type
    acceptance" with references to "certification."[^282]

67. *INMARSAT-E EPIRBs*. Among the rule amendments adopted by the
    Commission in the *Second Report and Order* were several authorizing
    the use of INMARSAT-E EPIRBs.[^283] Although no party has filed a
    petition for reconsideration of the *Second Report and Order*, there
    is a need to revisit the question of whether INMARSAT-E EPIRBs
    should be authorized, because, as more fully discussed in the *Third
    Further Notice*, Inmarsat has announced that it will cease providing
    service to such EPIRBs on December 1, 2006. Given the prospective
    cessation of INMARSAT-E EPIRB service, we propose in the *Third
    Further Notice* to add a sunset date of December 1, 2006 to Section
    80.1063 and to the other Part 80 provisions authorizing the use of
    INMARSAT-E EPIRBs.[^284] We are not making these changes immediately
    in order to allow notice and comment before terminating the
    authorization of INMARSAT-E EPIRBs, but in the interim we strongly
    discourage vessel operators from installing new INMARSAT-E EPIRBs,
    given their imminent obsolescence. We are adding a note to the rules
    authorizing INMARSAT-E EPIRBs to advise persons of the scheduled
    termination of INMARSAT-E EPIRB service.[^285] In addition, we
    caution any parties that may seek Commission certification of
    INMARSAT-E EPIRBS that the Commission will closely scrutinize any
    such applications, and may condition, limit, or even deny any such
    applications if necessary to ensure that mariners do not rely on
    such devices for their safety after December 1, 2006.

# third further notice of proposed rule making

## INMARSAT-E Earth Stations

68. As noted above, after the release of the *Second Report and Order*,
    Inmarsat informed the International Mobile Satellite Organization, a
    unit of the IMO, that it had decided to cease providing INMARSAT-E
    EPIRB service as of December 1, 2006.[^286] In light of this
    development, the Coast Guard and NTIA have recommended[^287] that we
    revisit the rules adopted in the *Second Report and Order*
    authorizing INMARSAT-E EPIRBs.[^288] We agree that there is a need
    to revisit the rules authorizing INMARSAT-E EPIRBs in light of this
    intervening development, and we accordingly propose to amend the
    relevant Part 80 Rules to prohibit any further certification,
    manufacture, importation, or installation of INMARSAT-E EPIRBs, and
    to permit continued use of deployed INMARSAT-E EPIRBs only until
    December 1, 2006. Interested parties are asked to comment on this
    proposal.

## GPS Requirement for VHF-DSC Handheld Equipment

69. The Coast Guard recommends that VHF handheld radios fitted with DSC
    include an integral GPS capability, to ensure that distress calls to
    the Coast Guard include accurate location information.[^289] The
    Coast Guard says that the inclusion of accurate location information
    with distress calls is vital to the rapid rescue of persons in
    distress.[^290] In addition, the Coast Guard observes that
    connecting a VHF handheld unit to an external GPS unit is not always
    practical, but that the cost of including integral GPS capability in
    a VHF handheld radio has become very low, and the GPS
    antenna-fitting problems inherent in a fixed GPS unit do not exist
    with a handheld unit.[^291] "In fact," the Coast Guard adds,
    "DSC-equipped handhelds with an integral GPS are now on the market
    at competitive prices."[^292]

70. We invite comment on this Coast Guard recommendation to require that
    VHF-DSC handheld equipment include GPS capability. We request that
    commenters address both the potential safety benefits of adding GPS
    capability to VHF-DSC handheld units[^293] and the incremental costs
    to manufacturers and consumers of such a requirement. Commenters are
    asked to address in particular the extent to which such a
    requirement might impose a significant burden on small entities, and
    should consider whether there are means by which the Commission
    could reasonably limit or minimize any such burden. In that vein,
    commenters are asked whether the Commission, if it does adopt this
    requirement, should provide a phase-in period, *i.e.*, an additional
    period of time before the Commission would cease certifying non-GPS
    VHF-DSC handheld equipment, and/or grandfathering protection,
    *i.e.*, a period of time during which existing, non-compliant
    VHF-DSC handheld units could continue to be used.

## Carriage Requirements for Small Passenger Vessels 

71. In the *Third Report and Order, supra*, we have extended the Section
    80.917 requirement for a reserve power supply to additional classes
    of small passenger vessels, but determined that, on the basis of the
    existing record, the reserve power supply requirement should not be
    imposed on *all* small passenger vessels.[^294] Pursuant to Section
    80.917, as amended herein, the reserve power supply requirement does
    not apply to small passenger vessels of less than one hundred gross
    tons that carry no more than 150 passengers, have overnight
    accommodations for no more than forty-nine persons, do not operate
    on the high seas, and do not operate more than three miles from
    shore on Great Lakes voyages. Such vessels were exempted from the
    reserve power supply requirement based on the conclusion, endorsed
    by the Coast Guard, that the requirement should be imposed only on
    those vessels for which the safety benefits would be commensurate
    with the compliance costs. There is little question, however, that
    the safety of all small passenger vessels would be enhanced by
    having a reserve power supply or at least some other means of
    maintaining communications with search and rescue personnel in the
    event of an at-sea incident which results in disruption of the
    vessel's main power source. Accordingly, we request comment on
    whether we should impose a requirement for carriage of at least one
    VHF handheld marine radio transceiver on any small passenger vessel
    that does not have a reserve power source. Our understanding is that
    such devices are available for under fifty dollars at retail, and so
    should impose a significantly less onerous financial burden on small
    passenger vessel owners and operators than installation and
    maintenance of reserve power supply.[^295] We ask that commenters
    address the safety benefits and economic costs of imposing this
    requirement. Commenters may also suggest alternatives to mandatory
    carriage of a VHF handheld radio transceiver that would meet the
    objective of ensuring that the ability of any small passenger vessel
    to communicate with search and rescue personnel could survive a
    disruption of the vessel's main power.

## Ship Station Facsimile Frequencies/Transmission of Data on Voice Channels

72. In the *Third Report and Order, supra*, we decline to adopt a Globe
    Wireless recommendation to amend Section 80.363 of the Rules[^296]
    to address a perceived need for additional spectrum for ship station
    facsimile communications because the existing record does not
    support such an amendment.[^297] However, we now wish to provide
    interested parties with another opportunity to consider whether
    there is, in fact, a need to allot additional frequencies for ship
    station facsimile use or to otherwise adopt measures to better
    ensure that adequate spectrum is available for that purpose.
    Commenters should explain whether and why they believe there is an
    unmet demand by vessels for additional facsimile communications
    capacity, assess whether there may be an imbalance in the spectrum
    resources available to coast stations and ship stations for
    facsimile communications, and suggest remedial measures. We ask, in
    particular, whether there are unused or underused voice channels
    that might be made available for ship facsimile use. As a further
    measure to promote more efficient use of possibly unused or
    underused voice channels, and to meet the growing need for marine
    data communications capabilities generally, we invite commenters to
    address whether the Commission should adopt rules permitting
    transmission of data over maritime VHF voice channels. Commenters
    supporting such a rule should, at minimum, address the safeguards
    that would need to be adopted to ensure that there is no
    interference to voice communications, and that there is not an
    unintended *de facto* reallocation of those channels from voice to
    data communications.

## Private Coast Station Frequencies

73. Section 80.511 of the Commission's Rules limits the frequencies that
    may be assigned to private coast stations or marine utility
    stations.[^298] Specifically, Section 80.511 provides that, absent a
    "showing of need," only one port operation, one commercial and one
    non-commercial frequency will be assigned to a private coast station
    or marine utility station.[^299] We question whether the current
    level of demand for private coast station frequencies warrants
    retention of this limitation of the assignment of private coast
    frequencies,[^300] particularly given that these frequencies are
    licensed on a shared, non-exclusive basis.[^301] We therefore
    request comment on whether limits on the number of frequencies that
    can be assigned to a private coast station should be relaxed or
    eliminated.

## Radar Standards

74. Section 80.273 of the Commission's Rules contains the technical
    requirements for radar equipment installed on ships.[^302] In its
    comments to the *Second Further Notice*, RTCM contends that this
    rule needs to be completely revised to incorporate by reference IMO
    and IEC radar standards that have superseded the standards
    referenced in the current rule.[^303] RTCM offers a specific
    proposal for rewriting Section 80.273.[^304] We recognize the need
    to ensure that Section 80.273 is up to date. In the *Third Report
    and Order*, we accordingly revise Section 80.273 to incorporate by
    reference most of the standards recommended by RTCM.[^305] However,
    we decline to immediately amend the rule to incorporate by reference
    the IEC performance standards and testing methods for shipborne
    radar, IEC 62252 and IEC 60936, as also proposed by RTCM, because we
    believe requiring compliance with those standards may impose
    significant new requirements for radar installations. We note, for
    example, that adoption of RTCM's proposal in this regard would
    impose carriage requirements and minimum standards for radar
    equipment on vessels of less than 500 gross tons.[^306] To date,
    however, the Commission has not imposed requirements pertaining to
    radar equipment on such relatively small vessels, so adoption of
    RTCM's proposal could impose a significant new compliance burden on
    entities formerly exempt from ship radar requirements. In addition,
    it does not appear that compliance with IEC 62252 and IEC 60936 is
    mandated internationally.[^307] For these reasons, and given that
    RTCM's proposal responds to a very general request for
    recommendations on updating the Part 80 references to international
    standards, we believe the prudent course would be to augment the
    record with additional comment pertaining specifically to the
    question of whether the Commission should incorporate by reference
    IEC 62252 and IEC 60936. We accordingly invite interested parties to
    address this issue. We ask that commenters consider, in particular,
    whether mandating compliance with these IEC standards could impose
    significant additional costs or burdens on the manufacturers and
    users of radar equipment. Finally, we note that IMO Resolution
    A.820(19), "Performance Standards for Navigational Radar Equipment
    for High-Speed Craft," (adopted 23 November 1995), might also be
    appropriately incorporated by reference into the Part 80 Rules,
    notwithstanding that no commenter has recommended such action. We
    therefore request that interested parties also consider whether the
    Commission should also include IMO Resolution A.820(19) in Section
    80.273 of the Rules.

## Testing of GMDSS Radio Equipment

75. We propose to add a rule to Subpart W of Part 80 to clarify that
    vessels subject to the Subpart W GMDSS requirements are required to
    test their radiotelephone equipment on a daily basis. Section
    80.869, 47 C.F.R. § 80.869, imposes a daily testing requirement, but
    that Subpart R rule, although formerly applicable to all GMDSS
    vessels, is no longer applicable to vessels governed by Subpart
    W.[^308] Since it was never the Commission's intention to relieve
    Subpart W GMDSS vessels of the daily testing requirement,[^309] we
    believe it is appropriate to set forth that requirement in a Subpart
    W rule. We invite comment on this proposal. In the interim, we
    encourage the continued testing of GMDSS radiotelephone equipment.

# conclusion

76. The increasing reliance on shipping to promote global trade, the
    development and deployment of more advanced maritime communications
    technologies, and the heightened importance of securing the safety
    of vessels and ports, in the United States and around the world,
    underscore that it is critical for the Commission to regularly
    review and revise its Part 80 rules to ensure that they continue to
    effectively promote the public interest. This *Memorandum Opinion
    and Order, Third Report and Order, and Third Further Notice of
    Proposed Rule Making* represents the latest chapter in the
    Commission's ongoing effort to fulfill that responsibility.

# PROCEDURAL matters

## Ex Parte Rules -- Permit-But-Disclose Proceeding

77. This is a permit-but-disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in our Rules.[^310]

## Regulatory Flexibility Act

78. The Regulatory Flexibility Act of 1980, as amended (RFA)[^311]
    requires that a regulatory flexibility analysis be prepared for
    rulemaking proceedings, unless the agency certifies that "the rule
    will not have a significant economic impact on a substantial number
    of small entities."[^312] The RFA generally defines "small entity"
    as having the same meaning as the terms "small business," "small
    organization," and "small governmental jurisdiction."[^313] In
    addition, the term "small business" has the same meaning as the term
    "small business concern" under the Small Business Act.[^314] 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).[^315]

79. In the *Report and Order* in WT Docket No. 00-48, the Commission
    certified that the requirements adopted therein would not have a
    significant economic impact upon a substantial number of small
    entities, as that term is defined by the RFA.[^316] The only changes
    we make in the instant *Memorandum Opinion and Order* in response to
    the petitions for reconsideration of the *Report and Order* are to
    clarify that applicants for a GMDSS Radio Operator's License do not
    have to take an Element 1 examination if they have received a Proof
    of Passing Certificate (PPC) based on completion of a Coast
    Guard-approved training course; clarify the requirement of ship
    radio station operators to relay distress alerts from other ships
    that are not promptly acknowledged by a coast station; remove the
    sunset date for the Channel 16 watch requirement; relieve compulsory
    vessels that have upgraded to MF-DSC of the requirement to maintain
    a watch on the frequency 2182 kHz; relax the requirements for
    station logs; and permit routine calling on DSC frequencies. These
    changes either simply clarify or relax the rules, or conform them to
    international requirements; they will not impose any new compliance
    burdens nor otherwise have a significant economic impact on small
    entities Accordingly, the Commission certifies, pursuant to the RFA,
    that the clarifications and rule changes contained in the instant
    *Memorandum Opinion and Order* will not have a significant economic
    impact on a substantial number of small entities. The Commission's
    Consumer and Governmental Affairs Bureau, Reference Information
    Center, will send a copy of the *Memorandum Opinion and Order* in WT
    Docket No. 00-48, including the Supplemental Final Regulatory
    Flexibility Certification, to the Chief Counsel for Advocacy of the
    Small Business Administration, in accordance with the RFA.[^317]

80. As required by the RFA,[^318] the Commission has prepared a Final
    Regulatory Flexibility Analysis (FRFA) of the rules adopted in the
    *Third Report and Order* in WT Docket No. 00-48. The FRFA for the
    *Third Report and Order* in WT Docket No. 00-48 is contained in
    Appendix C. The Commission's Consumer and Governmental Affairs
    Bureau, Reference Information Center, will send a copy of the *Third
    Report and Order* in WT Docket No. 00-48, including the FRFA, to the
    Chief Counsel for Advocacy of the Small Business Administration.

81. As required by the RFA,[^319] the Commission has prepared an Initial
    Regulatory Flexibility Analysis (IRFA) of the rules proposed or
    discussed in the *Third Further* *Notice of Proposed Rule Making* in
    WT Docket No. 00-48. The IRFA for the *Third Further* *Notice of
    Proposed Rule Making* in WT Docket No. 00-48 is contained in
    Appendix D. Written public comments are requested on the IRFA. These
    comments must be filed in accordance with the same filing deadlines
    for comments on the *Third Further* *Notice of Proposed Rule Making*
    in WT Docket No. 00-48, and they should have a separate and distinct
    heading designating them as responses to the IRFA. The Commission's
    Consumer and Governmental Affairs Bureau, Reference Information
    Center, will send a copy of the *Third Further* *Notice of Proposed
    Rule Making* in WT Docket No. 00-48, including the IRFA, to the
    Chief Counsel for Advocacy of the Small Business Administration, in
    accordance with the Regulatory Flexibility Act.[^320]

## Comment Dates

82. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
    CFR §§ 1.415, 1.419, interested parties may file comments and reply
    comments on or before the dates indicated on the first page of this
    document. Comments may be filed using: (1) the Commission's
    Electronic Comment Filing System (ECFS), (2) the Federal
    Government's eRulemaking Portal, or (3) by filing paper copies. *See
    Electronic Filing of Documents in Rulemaking Proceedings*, 63 FR
    24121 (1998).

-   Electronic Filers: 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](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   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 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 e-mail. To get filing instructions, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

```{=html}
<!-- -->
```
-   Paper Filers: 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.

> 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.

-   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]{.underline} entering the
    building.

-   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.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington DC 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

## Paperwork Reduction Act

83. This document contains a modified information collection requirement
    subject to the Paperwork Reduction Act of 1995 (PRA), Public Law
    104-13.[^321] It will be submitted to the Office of Management and
    Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the
    general public, and other Federal agencies are invited to comment on
    the new or modified information collection requirements contained in
    this proceeding. In addition, we note that pursuant to the Small
    Business Paperwork Relief Act of 2002, Public Law 107-198, *see* 44
    U.S.C. 3506(c)(4), we previously sought specific comment on how the
    Commission might "further reduce the information collection burden
    for small business concerns with fewer than 25 employees."

84. In this present document, we have assessed the effects of amending
    Section 80.409(e) of the Commission's Rules to reduce the types of
    distress communications that must be entered into logs by ship
    station operators, and find that this relaxation of the log-keeping
    requirement will benefit businesses with fewer than 25 employees by
    allowing such businesses that own or operate vessels to devote fewer
    resources to log-keeping. Most significantly, this reduction of an
    existing information collection requirement will permit the employee
    charged with making log entries to devote more of his or her time to
    other tasks that will enhance the navigational safety of the vessel.

## Congressional Review Act

85. The Commission will send a copy of this *Memorandum Opinion and
    Order, Third Report and Order, and Third Further Notice of Proposed
    Rule Making* in a report to be sent to Congress and the Government
    Accountability Office pursuant to the Congressional Review Act,
    *see* 5 U.S.C. 801(a)(1)(A).

## Further Information

86. For further information, contact Jeffrey Tobias, Public Safety and
    Critical Infrastructure Division, Wireless Telecommunications
    Bureau, (202) 418-1617, or TTY (202) 418-7233, or via electronic
    mail at jeff.tobias@fcc.gov.

87. To request materials in accessible formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to <fcc504@fcc.gov> or call the Consumer &
    Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
    (tty). This *Memorandum Opinion and Order, Third Report and Order,
    and Third Further Notice of Proposed Rule Making* can also be
    downloaded at: http://www.fcc.gov/.

# Ordering Clauses

88. Accordingly, IT IS ORDERED, pursuant to the authority of Sections
    4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i), 303(r), 332(a)(2), Parts 13 and 80 of
    the Commission's Rules ARE AMENDED as set forth in the attached
    Appendix B, effective sixty days after publication in the Federal
    Register.

89. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and
    403 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 303(r) and 403, this *Memorandum Opinion and Order, Third
    Report and Order, and Third Further Notice of Proposed Rule Making*
    IS HEREBY ADOPTED, and NOTICE IS HEREBY GIVEN of the proposed
    regulatory changes described in the *Third* *Further Notice of
    Proposed of Rule Making*.

90. IT IS FURTHER ORDERED that the Petitions for Reconsideration of the
    *Report and Order* in WT Docket No. 00-48 filed by Kurt Anderson,
    Owen Anderson, Ron Neuman, the Radio Technical Commission for
    Maritime Services, and the United States Coast Guard ARE GRANTED to
    the extent provided herein and ARE DENIED in all other respects.

91. IT IS FURTHER ORDERED that the late-filed comments and late-filed
    reply comments of the United States Coast Guard in response to the
    *Second Further Notice of Proposed Rule Making* in WT Docket No.
    00-48 ARE ACCEPTED.

92. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Memorandum Opinion and Order, Third Report and Order, and Third
    Further Notice of Proposed Rule Making*, including the Supplemental
    Final Regulatory Flexibility Certification for the *Memorandum
    Opinion and Order* in WT Docket No. 00-48, the Final Regulatory
    Flexibility Analysis for the *Third Report and Order* in WT Docket
    No. 00-48, and the Initial Regulatory Flexibility Analysis for the
    *Third Further Notice of Proposed Rule Making* in WT Docket No.
    00-48, to the Chief Counsel for Advocacy of the Small Business
    Administration.

93. IT IS FURTHER ORDERED that the PR Docket No. 92-257 rulemaking
    proceeding IS TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Commenting Parties**

[Comments]{.underline}

Any La Varre (La Varre)

MariTEL, Inc. (MariTEL)

National GMDSS Task Force (Task Force)

North Pacific Marine Radio Council (NPMRC)

Passenger Vessel Association (PVA)

Radio Technical Commission for Maritime Services (RTCM)

United States Coast Guard (USCG)[^322]

[Reply Comments]{.underline}

Inmarsat Ventures Limited (Inmarsat)

MariTEL

NPMRC

USCG

[*Ex Parte* Presentations]{.underline}

National Marine Charter Association (NMCA)

**APPENDIX B**

**Final Rules**

Chapter I of Title 47 of the Code of Federal Regulations, Parts 13 and
80, is amended as follows:

**I. PART 13 ‑‑ COMMERCIAL RADIO OPERATORS**

## 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.**

## Section 13.7 is amended by revising paragraph (b) and adding paragraph (b)(11) to read as follows:

**§ 13.7 Classification of operator licenses and endorsements.**

\(a\) \* \* \* \* \*

\(b\) There are eleven types of commercial radio operator licenses,
certificates and permits (licenses). The license\'s ITU classification,
if different from its name, is given in parentheses.

\* \* \* \* \*

\(11\) GMDSS Radio Operator/Maintainer License (general operator's
certificate/technical portion of the first-class radio electronic
certificate).

\* \* \* \* \*

## Section 13.13 is amended by revising paragraph (a) to read as follows:

**§ 13.13 Application for a renewed or modified license.**

\(a\) Each application to renew a First Class Radiotelegraph Operator\'s
Certificate, Second Class Radiotelegraph Operator\'s Certificate, or
Third Class Radiotelegraph Operator\'s Certificate must be made on FCC
Form 605. The application must be accompanied by the appropriate fee and
submitted in accordance with §1.913 of this chapter.

\* \* \* \* \*

## Section 13.15 is revised to read as follows:

**§ 13.15 License term.**

\(a\) First Class Radiotelegraph Operator's Certificates, Second Class
Radiotelegraph Operator's Certificates, and Third Class Radiotelegraph
Operator's Certificates are normally valid for a term of five years from
the date of issuance.

\(b\) General Radiotelephone Operator Licenses, Restricted
Radiotelephone Operator Permits, Restricted Radiotelephone Operator
Permits-Limited Use, GMDSS Radio Operator's Licenses, Restricted GMDSS
Radio Operator's Licenses, GMDSS Radio Maintainer's Licenses, GMDSS
Operator/Maintainer Licenses, and Marine Radio Operator Permits are
normally valid for the lifetime of the holder.

## Section 13.203 is amended by revising paragraph (a) to read as follows:

**§ 13.203 Examination elements.**

\(a\) A written examination (written Element) must prove that the
examinee possesses the operational and technical qualifications to
perform the duties required by a person holding that class of commercial
radio operator license. For each Element, the Commission shall establish
through public notices or other appropriate means the number of
questions to be included in the question pool, the number of questions
to be included in the examination, and the number of questions that must
be answered correctly to pass the examination. Each written examination
must consist of questions relating to the pertinent subject matter, as
follows:

\(1\) Element 1 (formerly Elements 1 and 2): Basic radio law and
operating practice with which every maritime radio operator should be
familiar. Questions concerning provisions of laws, treaties,
regulations, and operating procedures and practices generally followed
or required in communicating by means of radiotelephone stations.

\(2\) Element 3: General radiotelephone. Questions concerning electronic
fundamentals and techniques required to adjust, repair, and maintain
radio transmitters and receivers at stations licensed by the FCC in the
aviation, maritime, and international fixed public radio services.

\(3\) Element 5: Radiotelegraph operating practice. Questions concerning
radio operating procedures and practices generally followed or required
in communicating by means of radiotelegraph stations primarily other
than in the maritime mobile services of public correspondence.

\(4\) Element 6: Advanced radiotelegraph. Questions concerning
technical, legal and other matters applicable to the operation of all
classes of radiotelegraph stations, including operating procedures and
practices in the maritime mobile services of public correspondence, and
associated matters such as radio navigational aids, message traffic
routing and accounting, etc.

\(5\) Element 7: GMDSS radio operating practices. 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 radiotelephone
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 §80.1081; and knowledge
covering the requirements set forth in IMO Assembly Resolution on
Training for Radio Personnel (GMDSS), Annex 3.

\(6\) Element 7R: Restricted GMDSS radio operating practices. 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 §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 §80.1081; and knowledge covering the pertinent requirements
set forth in IMO Assembly Resolution on Training for Radio Personnel
(GMDSS), Annex 3.

\(7\) Element 8: Ship radar techniques. Questions concerning specialized
theory and practice applicable to the proper installation, servicing and
maintenance of ship radar equipment in general use for marine
navigational purposes.

\(8\) Element 9: GMDSS radio maintenance practices and procedures.
Questions concerning the requirements set forth in IMO Assembly on
Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio
Maintenance Guidelines for the Global Maritime Distress and Safety
System related to Sea Areas A3 and A4.

\* \* \* \* \*

## Section 13.215 is revised to read as follows:

**§ 13.215 Question pools.**

The question pool for each written examination element will be composed
of questions acceptable to the FCC. Each question pool must contain at
least five (5) times the number of questions required for a single
examination. The FCC will issue public announcements detailing the
questions in the pool for each element. COLEMs must use only
currently-authorized (through public notice or other appropriate means)
question pools when preparing a question set for a written examination
element.

**II. PART 80 \-- STATIONS IN THE MARITIME SERVICES**

## 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.

## Section 80.5 is amended by revising the definition of [Digital selective calling (DSC)]{.underline} to read as follows:

**§ 80.5 Definitions.**

\* \* \* \* \*

[Digital selective calling (DSC)]{.underline}. A synchronous system
developed by the International Telecommunication Union
Radiocommunication (ITU-R) Sector, used to establish contact with a
station or group of stations automatically by means of radio. The
operational and technical characteristics of this system are contained
in Recommendations ITU-R M.493--11, "Digital Selective-calling System
for Use in the Maritime Mobile Service," with Annexes 1 and 2, 2004, and
ITU-R M.541--9, "Operational Procedures for the Use of Digital
Selective-Calling Equipment in the Maritime Mobile Service," with
Annexes, 2004. (*see* subpart W of this part.) ITU-R Recommendations
M.493--11 with Annexes 1 and 2 and M.541--9 with Annexes are
incorporated by reference. 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. Copies of these standards can be inspected at the Federal
Communications Commission, 445 12th Street, SW., Washington, DC
(Reference Information Center) or 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.*
The ITU-R Recommendations can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.15 is amended by removing paragraph (d)(4) and revising paragraph (e)(2) to read as follows:

**§ 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 § 80.1069(a)(4).
NOTE: Service to INMARSAT-E EPIRB stations is scheduled to terminate on
December 1, 2006, after which time distress signals from INMARSAT-E
EPIRB stations will not be received by any Rescue Coordination Center.

## Section 80.43 is revised to read as follows:

**§ 80.43 Equipment acceptable for licensing.**

Transmitters listed in §80.203 must be authorized for a particular use
by the Commission based upon technical requirements contained in
subparts E and F of this part, except for transmitters that are used on
vessels in the Maritime Security Fleet and are deemed to satisfy all
Commission equipment certification requirements pursuant to Section
53108(c) of Title 46 of the United States Code.

## Section 80.51 is revised to read as follows:

**§ 80.51 Ship earth station licensing.**

A ship earth station must display the Commission license.

## Section 80.57 is amended by removing paragraph (d)(5), (d)(5)(i), and (d)(5)(ii), and redesignating paragraph (d)(6) as (d)(5).

## Section 80.103 is amended by revising paragraphs (a), (c), and (e) to read as follows:

**§ 80.103 Digital selective calling (DSC) operating procedures.**

\(a\) Operating procedures for the use of DSC equipment in the maritime
mobile service are as contained in ITU-R M.541--9, "Operational
Procedures for the Use of Digital Selective-Calling Equipment in the
Maritime Mobile Service," with Annexes, 2004, and subpart W of this
part.

\* \* \*

\(c\) DSC acknowledgement of DSC distress and safety calls must be made
by designated coast stations and such acknowledgement must be in
accordance with procedures contained in ITU-R M.541--9, "Operational
Procedures for the Use of Digital Selective-Calling Equipment in the
Maritime Mobile Service," with Annexes, 2004. Nondesignated public and
private coast stations must follow the guidance provided for ship
stations in ITU-R M.541--9, "Operational Procedures for the Use of
Digital Selective-Calling Equipment in the Maritime Mobile Service,"
with Annexes, 2004, with respect to DSC "Acknowledgement of distress
calls" and "Distress relays." (*See* subpart W of this part.)

\* \* \*

\(e\) ITU-R M.541--9 with Annexes, 2004, is incorporated by reference.
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. Copies
of this standard can be inspected at the Federal Communications
Commission, 445 12th Street, SW., Washington, DC (Reference Information
Center) or 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.*
The ITU-R Recommendation can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.123 is amended by revising paragraph (d) to read as follows:

**§ 80.123 Service to stations on land.**

\* \* \* \* \*

\(d\) Radio equipment used on land must be certified for use under part
22, part 80, or part 90 of this chapter. Such equipment must operate
only on the public correspondence channels authorized for use by the
associated public coast station;

\* \* \* \* \*

## Section 80.148 is amended by revising the introductory paragraph to read as follows:

**§ 80.148 Watch on 156.8 MHz (Channel 16).**

Each compulsory vessel, while underway, must maintain a watch for
radiotelephone distress calls on 156.800 MHz whenever such station is
not being used for exchanging communications. For GMDSS ships, 156.525
MHz is the calling frequency for distress, safety, and general
communications using digital selective calling and the watch on 156.800
MHz is provided so that ships not fitted with DSC will be able to call
GMDSS ships, thus providing a link between GMDSS and non-GMDSS compliant
ships. The watch on 156.800 MHz is not required:

\* \* \* \* \*

## Section 80.179 is amended by revising paragraph (e)(1) to read as follows:

**§ 80.179 Unattended operation.**

\* \* \* \* \*

\(e\) \* \* \* \* \*

\(1\) The equipment must be using DSC in accordance with ITU-R
Recommendation M.493--11, "Digital Selective-calling System for Use in
the Maritime Mobile Service," with Annexes 1 and 2, 2004, and ITU-R
Recommendation M.541--9, "Operational Procedures for the Use of Digital
Selective-Calling Equipment in the Maritime Mobile Service," with
Annexes, 2004, as modified by this section. ITU-R Recommendations
M.493--11 with Annexes 1 and 2 and M.541--9 with Annexes are
incorporated by reference. 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. Copies of these standards can be inspected at the Federal
Communications Commission, 445 12th Street, SW., Washington, DC
(Reference Information Center) or 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.*
The ITU-R Recommendations can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.203 is amended by revising paragraphs (b)(3), (h), and (n), redesignating paragraph (b)(4) as (b)(5), and adding new paragraph (b)(4) to read as follows:

**§ 80.203 Authorization of transmitters for licensing.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(3\) Except as provided in paragraph (b)(4) of this section,
programming of authorized channels must be performed only by a person
holding a first or second class radiotelegraph operator\'s certificate
or a general radiotelephone operator\'s license using any of the
following procedures:

\(i\) Internal adjustment 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.

\(4\) Notwithstanding paragraph (b)(3) of this section, authorized
channels may be programmed via computerized remote control by any
person, provided that the remote control operation is designed to
preclude the programming of channels not authorized to the licensee.

\* \* \* \* \*

\(h\) In addition to the certification requirements contained in part 2
of this chapter, applicants for certification of 406.0-406.1 MHz
radiobeacons must also comply with the certification procedures
contained in §80.1061 of this part.

\* \* \* \* \*

\(n\) Applications for certification of all marine radio transmitters
operating in the 2-27.5 MHz band or the 156-162 MHz band received on or
after June 17, 1999, must have a DSC capability in accordance with
§80.225. This requirement does not apply to transmitters used with AMTS
or hand-held portable transmitters.

\* \* \* \* \*

## Section 80.207 is amended by revising paragraph (d) to read as follows:

**§ 80.207 Classes of emission**.

\* \* \* \* \*

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

+---------------------------------------+------------------------------+
| Types of stations                     | Classes of emission          |
+---------------------------------------+------------------------------+
| Ship Stations^1^                      | A1A                          |
|                                       |                              |
| Radiotelegraphy:                      | A1A, J2A                     |
|                                       |                              |
| 100-160                               | A1A, J2A, J2B, J2D           |
| kHz\...\...\...\...\...\...\...\..    |                              |
| .\...\...\...\...\...\...\...\...\... | F1B, J2B                     |
|                                       |                              |
| 405-525                               | F1B, J2B, J2D                |
| kHz\...\...\...\...\...\...\...\..    |                              |
| .\...\...\...\...\...\...\...\...\... | F1C, F3C, J2C, J3C           |
|                                       |                              |
| 1615-27500 kHz:                       | F1B, F2B, F2C, F3C, F1D, F2D |
|                                       |                              |
| Manual^                               | G2B                          |
| 15,\ 16,\ 17^\...\...\...\...\...\... |                              |
| \...\...\...\...\...\...\...\...\.... | F1B, F2B, F2C, F3C           |
|                                       |                              |
| DSC                                   | (^4^)                        |
| ^6^\...                               |                              |
| \...\...\...\...\...\...\...\...\...\ | H3E, J2D, J3E, R3E           |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       | G3D, G3E                     |
| NB-DP^14                              |                              |
| ,\ 16^\...\...\...\...\...\...\...\.. | (^4^)                        |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       | A1A, A2A                     |
| Facsimi                               |                              |
| le\...\...\...\...\...\...\...\...\.. | A3N, H3N, J3N, NON           |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       | A1D, A2D, F1D, F2D, G1D, G2D |
| 156-162                               |                              |
| MHz^2^\...\...\...\...\...\...\...    | PON                          |
| \...\...\...\...\...\...\...\...\.... |                              |
|                                       |                              |
| DSC\...\...                           |                              |
| \...\...\...\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 216-220                               |                              |
| MHz^3^\...\...\...\...\...\...\...    |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
|                                       |                              |
| 1626.5-1646.5                         |                              |
| MHz                                   |                              |
| .....................\...\...\...\... |                              |
|                                       |                              |
| Radiotelephony:                       |                              |
|                                       |                              |
| 1615-27500                            |                              |
| kHz^16^\...\...\...\...               |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
|                                       |                              |
| 27.5-470                              |                              |
| MHz^6^\...\...\...\...\...\...\..     |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 1626.5-1646.5                         |                              |
| MHz\...\...\...\...                   |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
|                                       |                              |
| Radiodetermination:                   |                              |
|                                       |                              |
| 285-325 kHz^7^\...\...\...\...\.....  |                              |
|                                       |                              |
| 405-525 kHz (Direction                |                              |
| Finding)^8^..............             |                              |
|                                       |                              |
| 154-459 MHz:                          |                              |
| ^12^\...\...\...\...\...\..           |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 2.4-9.5                               |                              |
| GHz\...\...\...\...\...\...\...\...   |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
+---------------------------------------+------------------------------+
| Land Stations^1^                      | A1A                          |
|                                       |                              |
| Radiotelegraphy:                      | A1A, J2A                     |
|                                       |                              |
| 100-160                               | A1A, J2A                     |
| kHz\...\...\...\...\...\...\...\..    |                              |
| .\...\...\...\...\...\...\...\...\... | F1C, F3C, J2C, J3C           |
|                                       |                              |
| 405-525                               | A1A, J2A                     |
| kHz\...\...\...\...\...\...\...\..    |                              |
| .\...\...\...\...\...\...\...\...\... | A1A, J2A, J2B, J2D           |
|                                       |                              |
| 1605-2850 kHz:                        | F1B, J2B                     |
|                                       |                              |
| Manual\.                              | F1B, J2B, J2D                |
| ..\...\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... | F1C, F3C, J2C, J3C           |
|                                       |                              |
| Facsi                                 | A1A, A2A, F1B, F2B, J2B, J2D |
| mile\...\...\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... | A1A, A2A, F1B, F2B           |
|                                       |                              |
| A                                     | F1B, F2B, F2C, F3C, F1D, F2D |
| laska--Fixed\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... | G2B                          |
|                                       |                              |
| 4000-27500 kHz:                       | F1B, F2B, F2C, F3C           |
|                                       |                              |
| Manual^1                              | H3E, J3E, R3E                |
| 6^\...\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... | A3E, F3E, G3E                |
|                                       |                              |
| DSC^18^\...                           | G3E                          |
| \...\...\...\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... | PON                          |
|                                       |                              |
| NB-DP^14                              | A2B, A3B, H2B, H3E, J2B, J3E |
| ,\ 18^\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... | A3E, A3X, N0N                |
|                                       |                              |
| Facsimi                               | A3E                          |
| le\...\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... | G3E, G3N                     |
|                                       |                              |
| Al                                    | A3E, A3X, N0N                |
| aska--Fixed^17,\ 18^\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... | G1D                          |
|                                       |                              |
| 72-76                                 |                              |
| M                                     |                              |
| Hz\...\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 156-162                               |                              |
| MHz^2,\ 20^\...\...\...\...\...\..    |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| DSC\...\...                           |                              |
| \...\...\...\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 216-220                               |                              |
| MHz^3^\...\...\...\...\...\...\...    |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
|                                       |                              |
| Radiotelephony:                       |                              |
|                                       |                              |
| 1615-27500                            |                              |
| kHz^18,\ 19^\...\...\...\..           |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 72-76                                 |                              |
| M                                     |                              |
| Hz\...\...\...\...\...\...\...\...\.. |                              |
| .\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 156-470 MHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| Radiodetermination:                   |                              |
|                                       |                              |
| 2.4-9.6 GHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| Distress, Urgency and Safety^8,^ ^9^  |                              |
|                                       |                              |
| 2182                                  |                              |
| kHz^                                  |                              |
| 10,\ 11^\...\...\...\...\...\...\...\ |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 121.500                               |                              |
| MHz\...\...\...\...\...\...\...\      |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 123.100                               |                              |
| MHz\...\...\...\...\...\...\...\      |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 156.750 and 156.800                   |                              |
| MHz^13                                |                              |
| ^\...\...\...\...\...\...\...\...\... |                              |
|                                       |                              |
| 243.000                               |                              |
| MHz\...\...\...\...\...\...\...\      |                              |
| ...\...\...\...\...\...\...\...\..... |                              |
|                                       |                              |
| 406.0-406.1                           |                              |
| MHz\...\...\...\...\...               |                              |
| \...\...\...\...\...\...\...\...\.... |                              |
+---------------------------------------+------------------------------+

^1^ Excludes distress, EPIRBs, survival craft, and automatic link
establishment.

> ^2^ Frequencies used for public correspondence and in Alaska 156.425
> MHz. *See* §§ 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*\
> § 80.385(b).
>
> ^4^ Types of emission are determined by the INMARSAT Organization.
>
> ^5^ \[Reserved\].

^6^ G3D emission must be used only by one-board stations for maneuvering
or navigation.

^7^ Frequencies used for cable repair operations. *See* § 80.375(b).

^8^ For direction finding requirements see § 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 ITU-R
> Recommendations M.625 or M.476 are permitted to utilize any
> modulation, so long as emissions are within the limits set forth in §
> 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 § 90.210, except that
> Automatic Identification System (AIS) transmissions do not have to
> comply with the emission mask requirements of § 90.210.

## Section 80.211 is amended by revising paragraph (e) to read as follows:

**§ 80.211 Emission limitations**.

\* \* \* \* \*

\(e\) The mean power of EPIRBs operating on 121.500 MHz, 243.000 MHz and
406.0-406.1 MHz must be as follows:

\* \* \* \* \*

## Section 80.223 is amended by revising paragraph (a)(1) to read as follows:

**§ 80.223 Special requirements for survival craft stations.**

\(a\) \* \* \* \* \*

\(1\) 2182 kHz must be able to operate with A3E or H3E and J2B and J3E
emissions;

\* \* \* \* \*

## Section 80.225 is amended by adding paragraphs (a)(1)-(6), and revising the introductory paragraph and paragraphs (a) and (c)(2) to read as follows:

**§ 80.225 Requirements for selective calling equipment.**

This section specifies the requirements for voluntary digital selective
calling (DSC) equipment and selective calling equipment installed in
ship and coast stations, and incorporates by reference ITU-R
Recommendation M.476--5, "Direct-Printing Telegraph Equipment in the
Maritime Mobile Service," with Annex, 1995; ITU-R Recommendation
M.493--11, "Digital Selective-calling System for Use in the Maritime
Mobile Service," with Annexes 1 and 2, 2004; ITU-R Recommendation
M.541-9, "Operational Procedures for the Use of Digital
Selective-Calling Equipment in the Maritime Mobile Service," with
Annexes, 2004; ITU-R Recommendation M.625--3, "Direct-Printing Telegraph
Equipment Employing Automatic Identification in the Maritime Mobile
Service," with Annex, 1995; RTCM Paper 56--95/SC101--STD, "RTCM
Recommended Minimum Standards for Digital Selective Calling (DSC)
Equipment Providing Minimum Distress and Safety Capability," Version
1.0, dated August 10, 1995; and IEC 62238 Ed.1, "Maritime navigation and
radiocommunication equipment and systems - VHF radiotelephone equipment
incorporating Class 'D' Digital Selective Calling (DSC) - Methods of
testing and required test results," (2003). ITU-R Recommendations
M.476--5 with Annex, M.493--11 with Annexes 1 and 2, M.541-9 with
Annexes, and M.625--3 with Annex, RTCM Paper 56--95/SC101--STD, and IEC
62238 Ed. 1 are incorporated by reference. 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. Copies of these standards can be
inspected at the Federal Communications Commission, 445 12th Street,
SW., Washington, DC (Reference Information Center) or 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.*
The ITU-R Recommendations can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland. The RTCM standards can be purchased from the Radio
Technical Commission for Maritime Services (RTCM), 1800 N. Kent Street,
Suite 1060, Arlington, Virginia 22209, www.rtcm.org, email
pubs@rtcm.org.

\(a\) The requirements for DSC equipment voluntarily installed in coast
or ships stations are as follows:

\(1\) Prior to \[one year after the effective date of these rules\], DSC
equipment must meet the requirements of the following standards in order
to be approved for use: (i) RTCM Paper 56--95/SC101--STD, RTCM
Recommended Minimum Standards for Digital Selective Calling (DSC)
Equipment Providing Minimum Distress and Safety Capability," Version
1.0, dated August 10, 1995, and ITU-R Recommendation M.493--10, "Digital
Selective-calling System for Use in the Maritime Mobile Service," with
Annexes 1 and 2, 2000 (including only equipment classes A, B, D, and E);
or (ii) ITU-R Recommendation M.493--11, "Digital Selective-calling
System for Use in the Maritime Mobile Service," with Annexes 1 and 2,
2004, and, in the case of Class D DSC equipment only, IEC 62238 Ed.1,
"Maritime navigation and radiocommunication equipment and systems - VHF
radiotelephone equipment incorporating Class 'D' Digital Selective
Calling (DSC) - Methods of testing and required test results" (2003).

\(2\) Beginning \[one year after the effective date of these rules\],
the Commission will not accept new applications (but will continue to
process then-pending applications) for certification of non-portable DSC
equipment that does not meet the requirements of ITU-R Recommendation
M.493--11, "Digital Selective-calling System for Use in the Maritime
Mobile Service," with Annexes 1 and 2, 2004, and, in the case of Class D
DSC equipment only, IEC 62238 Ed.1, "Maritime navigation and
radiocommunication equipment and systems - VHF radiotelephone equipment
incorporating Class 'D' Digital Selective Calling (DSC) - Methods of
testing and required test results" (2003).

\(3\) Beginning \[four years after the effective date of these rules\],
the Commission will not accept new applications (but will continue to
process then-pending applications) for certification of handheld,
portable DSC equipment that does not meet the requirements of ITU-R
Recommendation M.493--11, "Digital Selective-calling System for Use in
the Maritime Mobile Service," with Annexes 1 and 2, 2004, and, in the
case of Class D DSC equipment only, IEC 62238 Ed.1, "Maritime navigation
and radiocommunication equipment and systems - VHF radiotelephone
equipment incorporating Class 'D' Digital Selective Calling (DSC) -
Methods of testing and required test results" (2003).

\(4\) The manufacture, importation, sale or installation of non-portable
DSC equipment that does not comply with either of the standards
referenced in paragraph (a)(2) of this section is prohibited beginning
\[three years after the effective date of these rules\].

\(5\) The manufacture, importation, or sale of handheld, portable DSC
equipment that does not comply with either of the standards referenced
in paragraph (a)(3) of this section is prohibited beginning \[seven
years after the effective date of these rules\].

\(6\) Approved DSC equipment that has been manufactured, sold, and
installed in conformity with the requirements of this section may be
used indefinitely.

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) Equipment used to perform a selective calling function during
narrow-band direct-printing (NB-DP) operations in accordance with ITU-R
Recommendation M.476--5, "Direct-Printing Telegraph Equipment in the
Maritime Mobile Service," with Annex, 1995, or ITU-R Recommendation
M.625--3, "Direct-Printing Telegraph Equipment Employing Automatic
Identification in the Maritime Mobile Service," with Annex, 1995, ITU-R
Recommendation M.493--11, "Digital Selective-calling System for Use in
the Maritime Mobile Service," with Annexes 1 and 2, 2004, and

\* \* \* \* \*

## Section 80.251 is amended by revising paragraph (a) to read as follows:

**§ 80.251 Scope.**

\(a\) This subpart gives the general technical requirements for
certification of equipment used on compulsory ships. Such equipment
includes automatic-alarm-signal keying devices, survival craft radio
equipment, watch receivers, radar equipment and Ship Security Alert
System (SSAS) equipment.

\* \* \* \* \*

## Section 80.268 is amended by removing paragraph (b)(2) and redesignating paragraph (b)(3) as (b)(2).

## Section 80.269 is removed.

## Section 80.271 is amended by revising paragraph (e) to read as follows:

**§ 80.271 Technical requirements for portable survival craft
radiotelephone transceivers.**

\* \* \* \* \*

\(e\) Portable radiotelephone transceivers which are certified to meet
the requirements of this section must be identified by an appropriate
note in the Commission\'s database.

## Section 80.273 is amended to read as follows:

**§ 80.273 Technical requirements for radar equipment.**

\(a\) Radar installations on board ships that are required by the Safety
Convention or the U.S. Coast Guard to be equipped with radar must comply
with the documents referenced in the following paragraphs of this
section. These documents contain specifications, standards and general
requirements applicable to shipboard radar equipment and shipboard radar
installations. For purposes of this part the specifications, standards
and general requirements stated in these documents are mandatory
irrespective of discretionary language. The standards listed in this
section are incorporated by reference. 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. Copies of these standards can be
inspected at the Federal Communications Commission, 445 12th Street,
SW., Washington, DC (Reference Information Center) or 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.* The IMO standards can
be purchased from International Maritime Organization (IMO),
Publications, International Maritime Organization, 4 Albert Embankment,
London SE1 7SR, United Kingdom; telephone 011 44 71 735 7611. IEC
publications can be purchased from the International Electrotechnical
Commission, 3 Rue de Varembe, CH--1211 Geneva 20, Switzerland, or from
the American National Standards Institute (ANSI) through its NSSN
operation (www.nssn.org), at Customer Service, American National
Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone
(212) 642--4900. ITU documents can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland ([www.itu.int](http://www.itu.int/).)

\(b\) Radar installed on or after \[the effective date of these rules\],
on ships of 300 tons gross tonnage and upwards, and radar installed on a
ship after \[the effective date of these rules\], and certificated by
the U.S. Coast Guard under the IMO Code for the Safety of High Speed
Craft (IMO Resolution MSC.36(63), May 20, 1994), must comply with:

\(1\) IMO Resolution MSC.64(67) Annex 4, "Recommendation on performance
standards for radar equipment;"

\(2\) The emission limits contained in Appendix 3 of the ITU radio
regulations, section II, "Spurious domain emissions limits for
transmitters installed after 1 January 2003 and for all transmitters
after 1 January 2012"; and

\(3\) ITU-R M.1177-3, "Techniques for measurement of unwanted emissions
of radar systems," including Annexes 1 and 2 and all appendices thereto
(2003).

\(c\) 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 (b) 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).

\(d\) Radar installed before \[the effective date of these rules\] must
meet and be maintained to comply with the Commission's regulations in
effect for the equipment on the date of its installation.

## Section 80.277 is added to read as follows:

**§ 80.277 Ship Security Alert System (SSAS).**

\(a\) Vessels equipped with a Ship Security Alert System pursuant to the
Safety Convention or United States Coast Guard rules may utilize:

\(1\) Equipment that complies with RTCM Paper 110-2004/SC110-STD, "RTCM
Recommended Standards for Ship Security Alert Systems (SSAS) using the
Cospas-Sarsat System," June 4, 2004; or

\(2\) INMARSAT D+ equipment; or

\(3\) Equipment that complies with the technical specifications found in
this subpart.

\(b\) RTCM Paper 110-2004/SC110-STD is incorporated by reference. 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. Copies
of these standards can be inspected at the Federal Communications
Commission, 445 12th Street, SW., Washington, DC (Reference Information
Center) or 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.*
The RTCM standards can be purchased from the Radio Technical Commission
for Maritime Services (RTCM), 1800 N. Kent St., Suite 1060, Arlington VA
22209, www.rtcm.org, email at pubs@rtcm.org.

## Section 80.305 is amended by revising paragraphs (a)(1), (a)(2), (b)(1), and (c) to read as follows:

**§ 80.305 Watch requirements of the Communications Act and the Safety
Convention.**

\(a\) \* \* \* \* \*

\(1\) If it is not carrying MF-DSC radio equipment, keep a continuous
and efficient watch on the radiotelephone distress frequency 2182 kHz
from the principal radio operating position or the room from which the
vessel is normally steered while being navigated in the open sea outside
a harbor or port.

\(2\) Keep a continuous and efficient watch on the VHF distress
frequency 156.800 MHz from the room from which the vessel is normally
steered while in the open sea outside a harbor or port. The watch must
be maintained by a designated member of the crew who may perform other
duties, relating to the operation or navigation of the vessel, provided
such other duties do not interfere with the effectiveness of the watch.
Use of a properly adjusted squelch or brief interruptions due to other
nearby VHF transmissions are not considered to adversely affect the
continuity or efficiency of the required watch on the VHF distress
frequency. This watch need not be maintained by vessels subject to the
Bridge-to-Bridge Act and participating in a Vessel Traffic Services
(VTS) system as required or recommended by the U.S. Coast Guard, when an
efficient listening watch is maintained on both the bridge-to-bridge
frequency and a separate assigned VTS frequency.

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(1\) If it is not carrying MF-DSC radio equipment, keep a continuous
watch on 2182 kHz in the room from which the vessel is normally steered
while at sea, whenever such station is not being used for authorized
traffic. Such watch must be maintained by at least one officer or
crewmember who may perform other duties relating to the operation or
navigation of the vessel, provided such other duties do not interfere
with the watch. A radiotelephone watch receiver having a loudspeaker and
a radiotelephone auto alarm must be used to keep the continuous watch on
2182 kHz. After a determination by the master that maintenance of the
watch would interfere with the safe navigation of the ship, the watch
may be maintained by use of the radiotelephone auto alarm facility
alone.

\* \* \* \* \*

\(c\) Each vessel of the United States transporting more than six
passengers for hire, which is equipped with a radiotelephone station for
compliance with part III of title III of the Communications Act but
which is not carrying MF-DSC radio equipment, must, while being
navigated in the open sea or any tidewater within the jurisdiction of
the United States adjacent or contiguous to the open sea, keep a
continuous watch on 2182 kHz while the vessel is beyond VHF
communication range of the nearest VHF coast station, whenever the
radiotelephone station is not being used for authorized traffic. A VHF
watch must be kept on 156.800 MHz whenever such station is not being
used for authorized traffic. The VHF watch must be maintained at the
vessel\'s steering station actually in use by the qualified operator as
defined by §80.157 or by a crewmember who may perform other duties
relating to the operation or navigation of the vessel, provided such
other duties do not interfere with the watch. The use of a properly
adjusted squelch is not considered to adversely affect the watch. The
VHF watch need not be maintained by vessels subject to the
Bridge-to-Bridge Act and participating in a Vessel Traffic Services
(VTS) system when an efficient listening watch is maintained on both the
bridge-to-bridge frequency and a VTS frequency.

\* \* \* \* \*

## Section 80.310 is revised to read as follows:

**§ 80.310 Watch required by voluntary vessels**.

Voluntary vessels not equipped with DSC must maintain a watch on 2182
kHz and on 156.800 MHz (Channel 16) whenever the vessel is underway and
the radio is not being used to communicate. Noncommercial vessels, such
as recreational boats, may alternatively maintain a watch on 156.450 MHz
(Channel 9) in lieu of VHF Channel 16 for call and reply purposes.
Voluntary vessels equipped with VHF-DSC equipment must maintain a watch
on 2182 kHz and on either 156.525 MHz (Channel 70) or VHF Channel 16
aurally whenever the vessel is underway and the radio is not being used
to communicate. Voluntary vessels equipped with MF-HF DSC equipment must
have the radio turned on and set to an appropriate DSC distress calling
channel or one of the radiotelephone distress channels whenever the
vessel is underway and the radio is not being used to communicate.
Voluntary vessels equipped with Inmarsat A, B, C, M or Fleet F77 systems
must have the unit turned on and set to receive calls whenever the
vessel is underway and the radio is not being used to communicate.

## Section 80.313 is amended by revising the Frequency band column in the table to change the entry "1605-3500 kHz" to "1615-3500 kHz." 

## Section 80.314 is retitled and revised to read as follows:

**§ 80.314 Distress communications.**

\(a\) The international radiotelephone distress signal consists of the
word MAYDAY, pronounced as the French expression "m'aider".

\(b\) These distress signals indicate that a mobile station is
threatened by grave and imminent danger and requests immediate
assistance.

\(c\) The radiotelephone distress call consists of:

\(1\) The distress signal MAYDAY spoken three times;

\(2\) The words THIS IS;

\(3\) The call sign (or name, if no call sign assigned) of the mobile
station in distress, spoken three times;

\(4\) Particulars of the station's position;

\(5\) The nature of the distress;

\(6\) The kind of assistance desired; and

\(7\) Any other information which might facilitate rescue, for example,
the length, color, and type of vessel, or number of persons on board.

\(d\) The procedures for canceling false distress alerts are contained
in § 80.335.

## Section 80.315 is removed.

## Section 80.316 is removed.

## Section 80.327 is retitled and amended by adding paragraphs (e), (f), and (g) to read as follows:

**§ 80.327 Urgency signals and messages.**

\* \* \* \* \*

\(e\) The urgency signal and call, and the message following it, must be
sent on one of the international distress frequencies. Stations which
cannot transmit on a distress frequency may use any other available
frequency on which attention might be attracted.

\(f\) Mobile stations which hear the urgency signal must continue to
listen for at least three minutes. At the end of this period, if no
urgency message has been heard, they may resume their normal service.
However, land and mobile stations which are in communication on
frequencies other than those used for the transmission of the urgency
signal and of the call which follows it may continue their normal work
without interruption provided the urgency message is not addressed "to
all stations".

\(g\) When the urgency signal has been sent before transmitting a
message "to all stations" which calls for action by the stations
receiving the message, the station responsible for its transmission must
cancel it as soon as it knows that action is no longer necessary. This
message of cancellation must likewise be addressed "to all stations".

## Section 80.328 is removed.

## Section 80.329 is retitled and amended by adding paragraphs (e), (f), and (g) to read as follows:

**§ 80.329 Safety signals and messages.**

\* \* \* \* \*

\(e\) The safety signal and call must be followed by the safety message.
Where practicable, the safety message should be sent on a working
frequency, and a suitable announcement to this effect must be made at
the end of the call.

\(f\) Messages about meteorological warnings, of cyclones, dangerous
ice, dangerous wrecks, or any other imminent danger to marine navigation
must be preceded by the safety signal.

\(g\) Stations hearing the safety signal must not make any transmission
likely to interfere with the message.

## Section 80.330 is removed.

## Section 80.335 is amended by revising paragraphs (a)(2), (b)(2), and (c)(2) to read as follows:

**§ 80.335 Procedures for canceling false distress alerts.**

\(a\) \* \* \* \* \*

\(2\) Immediately cancel the distress alert orally over the telephony
distress traffic channel associated with each DSC channel on which the
distress alert was transmitted;

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(2\) Immediately cancel the distress alert orally over the telephony
distress traffic channel associated with each DSC channel on which the
distress alert was transmitted; and

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) Immediately cancel the distress alert orally over the telephony
distress traffic channel associated with each DSC channel on which the
distress alert was transmitted;

\* \* \* \* \*

## Section 80.359 is amended by revising paragraph (b) to read as follows:

**§ 80.359 Frequencies for digital selective calling (DSC).**

\* \* \* \* \*

\(b\) [Distress and safety calling]{.underline}. The frequencies 2187.5
kHz, 4207.5 kHz, 6312.0 kHz, 8414.5 kHz, 12577.0 kHz, 16804.5 kHz and
156.525 MHz may be used for DSC by coast and ship stations on a simplex
basis for distress and safety purposes, and may also be used for routine
ship-to-ship communications provided that priority is accorded to
distress and safety communications. The provisions and procedures for
distress and safety calling are contained in ITU-R Recommendation
M.541--9, "Operational Procedures for the Use of Digital
Selective-Calling Equipment in the Maritime Mobile Service," with
Annexes, 2004, as modified by §80.103(c). ITU-R Recommendation M.541--9
with Annexes is incorporated by reference. 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. Copies of this standard can be
inspected at the Federal Communications Commission, 445 12th Street,
SW., Washington, DC (Reference Information Center) or 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.*
The ITU-R Recommendation can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.371 is amended by revising the reference to "West Coat" in the Region column of the table in paragraph (a) to "West Coast," and adding a footnote to the entry for 16537 kHz in the table in paragraph (b)(2) to read as follows:

**§ 80.371 Public correspondence frequencies.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(2\) \* \* \* \* \*

[Public Correspondence Simplex]{.smallcaps}

\[Non-paired radiotelephony frequencies in the 4000-27500 kHz Band ^1^
Carrier Frequencies (kHz)\]

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

  16537 ^2^                                                 18825       22174       25100
  .......................................................                           

  \* \* \*                                                  \* \* \*    \* \* \*    \* \* \*
  --------------------------------------------------------- ----------- ----------- -----------

\* \* \*

^1^ Coast stations limited to a maximum transmitter power of 1 kW (PEP).

^2^ The alternative carrier frequency 16537 kHz may be used by ship
stations and coast stations for calling on a simplex basis, provided
that the peak envelope power does not exceed 1 kW.

\(c\) [Working frequencies in the marine VHF 156-162 MHz
band]{.underline}. (1)(i) The frequency pairs listed in the table in
this paragraph are available for assignment to public coast stations for
public correspondence communications with ship stations and units on
land.

\* \* \* \* \*

## Section 80.373 is amended by revising paragraph (a)(1), adding a footnote to the entry for 12359 kHz in the table in paragraph (c)(1), revising and redesignating paragraph (g) as (g)(1), and adding paragraph (g)(2) to read as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

\(a\) \* \* \* \* \*

\(1\) Private coast stations must use J3E emission.

\* \* \* \* \*

\(c\) \* \* \*

12359 ^6^

\* \* \*

^6^ The alternative carrier frequency 12359 kHz may be used by ship
stations and coast stations for calling on a simplex basis, provided
that the peak envelope power does not exceed 1 kW.

\* \* \* \* \*

(g)(1) On-board communications: This section describes the carrier
frequency pairs assignable for on-board mobile radiotelephony
communications. The center of the on-board repeater antenna must not be
located more than 3 meters (10 feet) above the ship\'s working deck.
These frequencies are available on a shared basis with stations in the
Industrial/Business Radio Pool.

\* \* \*

\(2\) Where needed, equipment designed for 12.5 kHz channel spacing
using the additional frequencies 457.5375 MHz, 457.5625 MHz, 467.5375
MHz, and 467.5625 MHz may be introduced for on-board communications.

\* \* \* \* \*

## Section 80.385 is amended by removing paragraph (d).

## Section 80.409 is amended by removing paragraph (e)(5)(ii), redesignating paragraphs (e)(5)(iii) and (e)(5)(iv) as (e)(5)(ii) and (e)(5)(iii), redesignating paragraphs (e)(6)-(12) as (e)(7)-(13), revising paragraphs (a)(1), (a)(2), (d)(2), and (e)(1), and adding a new paragraph (e)(6) to read as follows:

**§ 80.409 Station logs**.

\(a\) \* \* \* \* \*

\(1\) The log must be kept in an orderly manner. The log may be kept
electronically or in writing. The required information for the
particular class or category of station must be readily available. Key
letters or abbreviations may be used if their proper meaning or
explanation is contained elsewhere in the same log.

\(2\) Erasures, obliterations, or willful destruction of written logs,
or deletions of data or willful destruction of computer files or
computer hardware containing electronic logs, is prohibited during the
retention period. Corrections may be made only by the person originating
the entry by striking out the error, initialing the correction and
indicating the date of correction. With respect to electronic logs,
striking out the error is to be accomplished using a strike-through
formatting effect or a similar software function, and the correction is
to be acknowledged through a dated electronic signature at the location
of the strike-through.

\* \* \* \* \*

\(d\) \* \* \* \* \*

\(2\) "ON WATCH" must be entered by the operator beginning a watch,
followed by the operator\'s signature for stations maintaining written
logs. "OFF WATCH" must be entered by the operator being relieved or
terminating a watch, followed by the operator\'s signature for stations
maintaining written logs. All log entries must be completed by the end
of each watch.

\(e\) \* \* \* \* \*

\(1\) A summary of all distress and urgency communications affecting the
station's own ship, all distress alerts relayed by the station's own
ship, and all distress call acknowledgements and other communications
received from search and rescue authorities.

\* \* \* \* \*

\(6\) An entry at least once every thirty days that the batteries or
other reserve power sources have been checked and are functioning
properly.

\* \* \* \* \*

## Subpart R is retitled to read as follows:

**Subpart R -- Technical Equipment Requirements for Cargo Vessels Not
Subject to Subpart W**

\* \* \* \* \*

## Section 80.858 is amended by removing paragraph (b) and redesignating paragraphs (c), (d), and (e) as (b), (c), and (d).

\* \* \* \* \*

## Section 80.871 is amended by removing note 1, and revising the entries for Channels 75 and 76 in the table in paragraph (d) to read as follows:

\* \* \* \* \*

**§ 80.871 VHF radiotelephone station.**

\(d\) \* \* \*

  ----------------------------------------- ----------------------- -----------------------
  Channel designators                       Transmitting            
                                            frequencies (MHz)       

                                            Ship station            Coast station

  \* \* \*                                  \* \* \*                \* \* \*

  75....................................    156.775                 156.775

  \* \* \*                                  \* \* \*                \* \* \*

  76.....................................   156.825                 156.825
  ----------------------------------------- ----------------------- -----------------------

\* \* \* \* \*

## Section 80.882 is added to read as follows:

**§ 80.882 2182 kHz watch.**

Ships subject to this subpart must maintain a watch on the frequency
2182 kHz pursuant to § 80.305.

\* \* \* \* \*

## Section 80.905 is amended by revising paragraphs (a)(1), (a)(2), (a)(3)(i), (a)(3)(iii)(A), (a)(4)(i), (a)(4)(iii)(A), (a)(4)(iii)(B), and (a)(4)(vi) to read as follows: 

**§ 80.905 Vessel radio equipment**.

\(a\) \* \* \* \* \*

\(1\) Vessels operated solely within 20 nautical miles of land must be
equipped with a VHF-DSC radiotelephone installation meeting the
requirements of § 80.1101(c)(2), 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 meeting the requirements of § 80.1101(c)(3) and 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.

\(3\) \* \* \* \* \*

\(i\) Be equipped with a VHF--DSC radiotelephone installation meeting
the requirements of paragraph (a)(1) of this section, 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;

\* \* \* \* \*

\(iii\) \* \* \* \* \*

\(A\) A DSC-capable single sideband radiotelephone meeting the
requirements of § 80.1101(c)(4) and capable of operating on all distress
and safety frequencies in the medium frequency and high frequency bands
listed in § 80.369(a) and (b), on all of the ship-to-shore calling
frequencies in the high frequency bands listed in § 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, M, or Fleet F77 ship earth station, or an
INMARSAT A ship earth station if installed prior to February 12, 2004.

\* \* \* \* \*

\(4\) \* \* \* \* \*

\(i\) Be equipped with two VHF--DSC radiotelephone installations meeting
the requirements of paragraph (a)(1) of this section, 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;

\* \* \* \* \*

\(iii\) \* \* \* \* \*

\(A\) A DSC-capable independent single sideband radiotelephone meeting
the requirements of paragraph (a)(3)(iii)(A) of this section and that is
capable of operating on all distress and safety frequencies in the
medium frequency and high frequency bands listed in § 80.369(a) and (b),
on all of the ship-to-shore calling frequencies in the high frequency
bands listed in § 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, M, or Fleet F77 ship earth station, or an
INMARSAT A ship earth station if installed prior to February 12, 2004.

\* \* \* \* \*

\(vi\) Be equipped with a Category I 406--406.1 MHz satellite emergency
position-indicating radiobeacon (EPIRB) meeting the requirements of
§80.1061 or, if the ship is not operating in sea area A4, as defined in
§ 80.1069(a)(4), an automatic float-free INMARSAT-- E EPIRB meeting the
requirements of § 80.1063 (NOTE: Service to INMARSAT-E EPIRB stations is
scheduled to terminate on December 1, 2006, after which time distress
signals from INMARSAT-E EPIRB stations will not be received by any
Rescue Coordination Center.); and

\* \* \* \* \*

## Section 80.913 is amended by revising paragraph (a) to read as follows:

**§ 80.913 Radiotelephone receivers**.

\(a\) If a medium frequency radiotelephone installation is provided, the
receiver must be capable of effective reception of J3E emissions, be
connected to the antenna system specified by § 80.923, and be preset to,
and capable of accurate and convenient selection of, the frequencies
2182 kHz, 2638 kHz, and the receiving frequency(s) of public coast
stations serving the area in which the vessel is navigated.

\* \* \* \* \*

## Section 80.917 is amended by revising paragraph (a) to read as follows:

**§ 80.917 Reserve power supply.**

\(a\) The requirements of this section apply (1) to vessels of more than
100 gross tons; and (2) beginning \[one year after the effective date\]
to (i) vessels that carry more than 150 passengers or have overnight
accommodations for more than 49 persons; and (ii) vessels that operate
on the high seas or more than three miles from shore on Great Lakes
voyages. Any such vessel the keel of which was laid after March 1, 1957,
must have a reserve power supply located on the same deck as the main
wheel house or at least one deck above the vessel\'s main deck, unless
the main power supply is so situated.

\* \* \* \* \*

## Section 80.933 is amended by removing paragraphs (c) and (d) and redesignating paragraph (e) as paragraph (c).

## Section 80.1051 is revised to read as follows:

**§ 80.1051 Scope.**

This subpart describes the technical and performance requirements for
EPIRB stations.

\* \* \* \* \*

## Section 80.1061 is amended by revising paragraphs (a), (c), (c)(1)(ii), and (e) to read as follows:

**§ 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 the Radio Technical Commission for Maritime
Services document entitled RTCM Paper 77--02/SC110--STD, "RTCM
Recommended Standards for 406 MHz Satellite Emergency
Position-Indicating Radiobeacons (EPIRBs)," Version 2.1, dated June 20,
2002 (RTCM Recommended Standards). The RTCM Recommended Standards are
incorporated by reference. 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. Copies of the RTCM Recommended Standards can be inspected
at the Federal Communications Commission, 445 12th Street, SW,
Washington, DC (Reference Information Center) or 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.*
The RTCM Recommended Standards can be purchased from the Radio Technical
Commission for Maritime Services, 1800 N. Kent St., Suite 1060,
Arlington VA 22209, www.rtcm.org, email at pubs@rtcm.org.

\* \* \* \* \*

\(c\) Prior to submitting a certification application for 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 described in COSPAS-SARSAT Standards T.001, "Specification for
COSPAS-SARSAT 406 MHz Distress Beacons," Issue 3 -- Revision 4 (October
2002) and T.007, "COSPAS-SARSAT 406 MHz Distress Beacon Type Approval
Standard," Issue 3 -- Revision 9 (October 2002). Additionally, the
radiobeacon must be subjected to the environmental and operational tests
associated with the test procedures described in Appendix A of the RTCM
Recommended Standards by a test facility accepted by the U.S. Coast
Guard for this purpose. Information regarding accepted test facilities
may be obtained from Commandant (G-MSE), U.S. Coast Guard, 2100 2^nd^
St., SW, Washington, DC 20593-0001,
http://www.uscg.mil/hq/g-m/mse/lablist/lab161011.pdf. The COSPAS-SARSAT
Standards T.001 and T.007 are incorporated by reference. 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. Copies of the
COSPAS-SARSAT Standards can be inspected at the Federal Communications
Commission, 445 12^th^ Street, SW, Washington, DC (Reference Information
Center) or at the Office of the Federal Register, 800 North Capitol
Street, N.W., Suite 700, Washington, DC. The COSPAS-SARSAT Standards may
be obtained from COSPAS-SARSAT Secretariat, c/o Inmarsat, 99 City Road,
London EC1Y 1AX, United Kingdom, Telephone: +44 20-7728 1391, Facsimile:
+44 20-7728 1170; www.cospas-sarsat.org.

\(1\) \* \* \* \* \*

\(ii\) 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 RTCM
Recommended Standards and COSPAS-SARSAT Standards;

\* \* \* \* \*

\(e\) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager for
the 406.0-406.1 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."

\* \* \* \* \*

## Section 80.1063 is amended by adding a note preceding paragraph (a) to read as follows:

**§ 80.1063 Special requirements for INMARSAT-E EPIRB stations**.

NOTE: Service to INMARSAT-E EPIRB stations is scheduled to terminate on
December 1, 2006, after which time distress signals from INMARSAT-E
EPIRB stations will not be received by any Rescue Coordination Center.

\* \* \* \* \*

## Section 80.1065 is amended by removing paragraphs (a) and (b)(1) through (b)(6), redesignating paragraphs (b) through (d) as paragraphs (a) through (c), and revising redesignated paragraph (a) to read as follows: 

**§ 80.1065 Applicability.**

\(a\) The regulations contained within this subpart apply to all
passenger ships regardless of size and cargo ships of 300 tons gross
tonnage and upwards.

\* \* \* \* \*

## Section 80.1071 is amended by revising paragraphs (c)(1)(i) and (c)(1)(ii) to read as follows:

**§ 80.1071 Exemptions.**

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(1\) \* \* \* \* \*

\(i\) A VHF radiotelephone installation.

\(ii\) A MF or HF radiotelephone installation.

\* \* \* \* \*

## Section 80.1073 is amended by revising paragraph (a) to read as follows:

**§ 80.1073 Radio operator requirements for ship stations.**

\(a\) Ships must carry at least two persons holding GMDSS Radio
Operator\'s Licenses as specified in §13.7 of this chapter for distress
and safety radiocommunications purposes. The GMDSS Radio Operator\'s
License qualifies personnel as a GMDSS radio operator for the purposes
of operating a GMDSS radio installation, including basic equipment
adjustments as denoted in the knowledge requirements specified in §
13.203 of this chapter.

\* \* \* \* \*

## Section 80.1077 is amended by removing footnote 11, and adding footnote 12 to the entry for INMARSAT E-EPIRBs to read as follows:

+-----------------------------------------------------------------------+
| **80.1077 Frequencies.**                                              |
|                                                                       |
| The following table describes the frequencies used in the Global      |
| Maritime Distress and Safety System:                                  |
+-----------------------------------------------------------------------+

Alerting:

\* \* \*

INMARSAT-E EPIRBs^12^\...\...\...\...\...\... 1626.5-1645.5 MHz
(Earth-to-space).

\* \* \*

^12^ Service to INMARSAT-E EPIRB stations is scheduled to terminate on
December 1, 2006, after which time distress signals from INMARSAT-E
EPIRB stations will not be received by any Rescue Coordination Center.

\* \* \* \* \*

## Section 80.1083 is amended by revising paragraph (d) to read as follows:

**§ 80.1083 Ship radio installations.**

\* \* \* \* \*

\(d\) Shipborne Integrated Radiocommunication System (IRCS) may be
utilized to integrate all GMDSS equipment into a standard operator\'s
console. Such installation must be certified in accordance with §
80.1103 and meet the requirements of IMO Assembly Resolution A.811(19),
"Performance Standards for a Shipborne Integrated Radiocommunication
System (IRCS) When Used in the GMDSS," with Annex, adopted 23 November
1995. IMO Assembly Resolution A.811(19) with Annex is incorporated by
reference. 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. Copies of this standard can be inspected at the Federal
Communications Commission, 445 12th Street, SW., Washington, DC
(Reference Information Center) or 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.*
The IMO standards can be purchased from Publications, International
Maritime Organization, 4 Albert Embankment, London SE1 7SR, United
Kingdom.

## Section 80.1085 is amended by revising paragraphs (a)(6)(i) and (a)(6)(iii) to read as follows:

**§ 80.1085 Ship radio equipment--General.**

\* \* \* \* \*

\(a\) \* \* \* \* \*

\(6\) \* \* \* \* \*

\(i\) 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) or, if the ship is not operating in sea area
A4, as defined in § 80.1069(a)(4), the 1.6 GHz band (INMARSAT-E EPIRB)
(NOTE: Service to INMARSAT-E EPIRB stations is scheduled to terminate on
December 1, 2006, after which time distress signals from INMARSAT-E
EPIRB stations will not be received by any Rescue Coordination Center);
and

\* \* \* \* \*

\(iii\) Examined and tested annually in accordance with IMO Circular
MSC/Circ.1040, Guidelines on annual testing of 406 MHz satellite EPIRBs
(28 May 2002). See § 80.1105(k).

\* \* \* \* \*

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

**§ 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 § 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) (NOTE: Service to INMARSAT-E
EPIRB stations is scheduled to terminate on December 1, 2006, after
which time distress signals from INMARSAT-E EPIRB stations will not be
received by any Rescue Coordination Center); or

\* \* \* \* \*

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

**§ 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 § 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) (NOTE: Service to INMARSAT-E
EPIRB stations is scheduled to terminate on December 1, 2006, after
which time distress signals from INMARSAT-E EPIRB stations will not be
received by any Rescue Coordination Center); or

\* \* \* \* \*

## Section 80.1091 is amended by revising paragraphs (a)(1)(i), (a)(4)(i), and (b)(3)(ii) to read as follows:

**§ 80.1091 Ship radio equipment--Sea Areas A1, A2, and A3.**

\(a\) \* \* \* \* \*

\(1\) \* \* \* \* \*

\(i\) Transmitting and receiving distress and safety data
communications;

\* \* \* \* \*

\(4\) \* \* \* \* \*

\(i\) 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 § 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) (NOTE: Service to INMARSAT-E
EPIRB stations is scheduled to terminate on December 1, 2006, after
which time distress signals from INMARSAT-E EPIRB stations will not be
received by any Rescue Coordination Center); 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 § 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)
(NOTE: Service to INMARSAT-E EPIRB stations is scheduled to terminate on
December 1, 2006, after which time distress signals from INMARSAT-E
EPIRB stations will not be received by any Rescue Coordination Center);
or

\* \* \* \* \*

## Section 80.1095 is amended by revising paragraph (a) to read as follows:

**§ 80.1095 Survival craft equipment.**

\(a\) At least three two-way VHF radiotelephone apparatus must be
provided on every passenger ship and on every cargo ship of 500 tons
gross tonnage and upwards. At least two two-way VHF radiotelephone
apparatus must be provided on every cargo ship of between 300--500 tons
gross tonnage. Portable two-way VHF radiotelephones must be stowed in
such locations that they can be rapidly placed in any survival craft
other than life rafts required by Regulation III/26.1.4 of the SOLAS
Convention. Alternatively, survival craft may be fitted with a fixed
two-way VHF radiotelephone installation. Two-way VHF radiotelephone
apparatus, portable or fixed, must conform to performance standards as
specified in §80.1101.

\* \* \* \* \*

## Section 80.1101 is amended by revising paragraphs (b)(4), (b)(5), (c)(2)(ii), (c)(3)(ii), (c)(4)(ii), (c)(5)(iii), (c)(7)(i), (c)(13)(ii), (c)(13)(iii), (c)(13)(iv), (c)(13)(v), (c)(13)(ix), (d)(3), and (d)(4), and adding paragraphs (c)(2)(iii), (c)(3)(iii), (c)(4)(iii), (c)(11) and (c)(13)(x) to read as follows:

**§ 80.1101 Performance standards.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(4\) IEC 60092-101, "Electrical installations in ships -- Part 101:
Definitions and general requirements," August 2002.

\(5\) IEC 60533, "Electrical and electronic installations in ships --
Electromagnetic compatibility," November 1999.

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(ii\) ITU-R Recommendation M.493--11, "Digital Selective-calling System
for Use in the Maritime Mobile Service," with Annexes 1 and 2, 2004.

\(iii\) ITU-R Recommendation M.541--9, "Operational Procedures for the
Use of Digital Selective-Calling Equipment in the Maritime Mobile
Service," with Annexes, 2004.

\(3\) \* \* \* \* \*

\(ii\) ITU-R Recommendation M.493--11, "Digital Selective-calling System
for Use in the Maritime Mobile Service," with Annexes 1 and 2, 2004.

\(iii\) ITU-R Recommendation M.541--9, "Operational Procedures for the
Use of Digital Selective-Calling Equipment in the Maritime Mobile
Service," with Annexes, 2004.

\(4\) \* \* \* \* \*

\(ii\) ITU-R Recommendation M.493--11, "Digital Selective-calling System
for Use in the Maritime Mobile Service," with Annexes 1 and 2, 2004.

\(iii\) ITU-R Recommendation M.541--9, "Operational Procedures for the
Use of Digital Selective-Calling Equipment in the Maritime Mobile
Service," with Annexes, 2004.

\(5\) \* \* \* \* \*

\(iii\) ITU-R Recommendation M.633--3, "Transmission characteristics of
a satellite emergency position-indicating radiobeacon (satellite EPIRB)
system operating through a low polar-orbiting satellite system in the
406 MHz band," 2000.

\* \* \* \* \*

\(7\) [Two-way VHF radiotelephone]{.underline}: IMO Resolution
A.762(18), "Performance standards for survival craft two-way VHF
radiotelephone apparatus," November 4, 1993.

\* \* \* \* \*

\(11\) *INMARSAT--E EPIRBs:* \[NOTE: Service to INMARSAT-E EPIRB
stations is scheduled to terminate on December 1, 2006, after which time
distress signals from INMARSAT-E EPIRB stations will not be received by
any Rescue Coordination Center.\] (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 § 80.1063.

\* \* \* \* \*

\(13\) \* \* \* \* \*

\(ii\) IEC 61097--3 Ed 1.0, "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, June 1994.

\(iii\) IEC 61097--4 Ed 1.0, "Global maritime distress and safety system
(GMDSS) -- Part 4: INMARSAT-C Ship Earth Station and INMARSAT enhanced
group call (EGC) equipment -- Operational and performance requirements,
methods of testing and required test results," November 1994.

\(iv\) IEC 61097--6, "Global maritime distress and safety system (GMDSS)
-- Part 6: Narrowband direct-printing telegraph equipment for the
reception of navigational and meteorological warnings and urgent
information to ships (NAVTEX) -- Operational and performance
requirements, methods of testing and required test results," February
1995.

\(v\) IEC 61097--7, "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," October 1996.

\* \* \* \* \*

\(ix\) IEC 61097--12 Ed 1.0, "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," December 1996.

\(x\) IEC 61097--13 Ed 1.0, "Global maritime distress and safety system
(GMDSS) -- Part 13: Inmarsat F77 ship earth station equipment --
Operational and performance requirements, methods of testing and
required test results," May 2003.

\(d\) \* \* \* \* \*

\(3\) IEC publications can be purchased from the International
Electrotechnical Commission, 3 Rue de Varembe, CH--1211 Geneva 20,
Switzerland, or from the American National Standards Institute (ANSI)
through its NSSN operation (www.nssn.org), at Customer Service, American
National Standards Institute, 25 West 43rd Street, New York, NY 10036,
telephone (212) 642--4900.

\(4\) ISO Standards can be purchased from the International Organization
for Standardization, 1 Rue de Varembe, CH--1211 Geneva 20, Switzerland,
or from the American National Standards Institute (ANSI) through its
NSSN operation (www.nssn.org), at Customer Service, American National
Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone
(212) 642--4900.

\* \* \* \* \*

## Section 80.1103 is amended by revising paragraph (c) to read as follows:

**§ 80.1103 Equipment authorization.**

\* \* \* \* \*

\(c\) Applicants for verification must attest that the equipment
complies with performance standards as specified in § 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\
§§ 2.953 and 2.955 of this chapter and a copy of the type-approval
certification indicating that equipment meets GMDSS standards and
includes all peripheral equipment associated with the specific unit
under review.

\* \* \* \* \*

## Section 80.1113 is amended by revising paragraph (b) to read as follows:

**§ 80.1113 Transmission of a distress alert.**

\* \* \* \* \*

\(b\) The format of distress calls and distress messages must be in
accordance with ITU-R Recommendation M.493--11, "Digital
Selective-calling system for use in the Maritime Mobile Service," with
Annexes 1 and 2, 2004, and ITU-R Recommendation M.541--9, "Operational
Procedures for the Use of Digital Selective-Calling Equipment in the
Maritime Mobile Service," with Annexes, 2004, as specified in §80.1101.
ITU-R Recommendation M.493--11, with Annexes 1 and 2,, and ITU-R
Recommendation M.541-9, with Annexes, 2004, are incorporated by
reference. 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. Copies of these standards can be inspected at the Federal
Communications Commission, 445 12th Street, SW., Washington, DC
(Reference Information Center) or 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.*
The ITU-R Recommendation can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.1117 is amended by revising paragraph (a) to read as follows:

**§ 80.1117 Procedure for receipt and acknowledgement of distress
alerts.**

\(a\) Normally, distress calls received using digital selective calling
are only acknowledged using a DSC acknowledgement by a coast station.
Ships should delay any acknowledgement in order to give sufficient time
for a coast station to acknowledge the call. In cases where no
acknowledgement has been heard and no distress traffic has been heard,
the ship should transmit a distress alert relay to the coast station.
Upon advice from the Rescue Coordination Center, the ship may transmit a
DSC acknowledgement call to stop it from being repeated. Acknowledgement
by digital selective calling of receipt of a distress alert in the
terrestrial services must comply with ITU-R Recommendation M.541--9,
"Operational Procedures for the Use of Digital Selective-Calling
Equipment in the Maritime Mobile Service," with Annexes, 2004. ITU-R
Recommendation M.541--9 with Annexes is incorporated by reference. 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. Copies
of this standard can be inspected at the Federal Communications
Commission, 445 12th Street, SW., Washington, DC (Reference Information
Center) or 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.*
The ITU-R Recommendation can be purchased from the International
Telecommunication Union (ITU), Place des Nations, CH--1211 Geneva 20,
Switzerland.

\* \* \* \* \*

## Section 80.1123 is amended by removing paragraph (d), redesignating paragraphs (e) and (f) as paragraphs (d) and (e), and revising paragraph (c) to read as follows:

**§ 80.1123 Watch requirements for ship stations.**

\* \* \* \* \*

\(c\) Every ship while at sea must maintain, when practicable, a
continuous listening watch on VHF Channel 16. This watch must be kept at
the position from which the ship is normally navigated or at a position
which is continuously manned.

\* \* \* \* \*

## Section 80.1125 is amended by revising paragraph (j)(6) to read as follows:

**§ 80.1125 Search and rescue coordinating communications.**

\* \* \* \* \*

\(j\) \* \* \* \* \*

\(6\) The name and call sign of the mobile station which was in
distress; and

\* \* \* \* \*

## Section 80.1153 is amended to read as follows:

**§ 80.1153 Station log and radio watches.**

\(a\) Licensees of voluntary ships are not required to maintain radio
station logs.

\(b\) When a ship radio station of a voluntary ship is being operated,
the appropriate general purpose watches must be maintained in accordance
with §§ 80.147 and 80.310.

**APPENDIX C**

Final Regulatory Flexibility Analysis

(*Third Report and Order* in WT Docket No. 00-48)

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^323] an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the *Second* *Further Notice of Proposed Rule Making*
(*Second Further Notice*) in this proceeding.[^324] The Commission
sought written public comment on the proposals in the *Second Further
Notice*, including comment on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.[^325]

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

The rules adopted in the *Third Report and Order* are intended to
streamline, consolidate and clarify the Commission's Part 80 rules;
remove unnecessary or duplicative requirements; address new
international maritime requirements; promote flexibility and efficiency
in the use of marine radio equipment; and further maritime safety.
Specifically, in the *Third Report and Order* the Commission (a)
requires that DSC equipment comply with the most recent international
standards for such equipment;[^326] (b) adds the INMARSAT Fleet F77
earth station to the list of ship earth stations that may be carried in
lieu of a single sideband radio by vessels operating more than 100
nautical miles from shore;[^327] (c) expands the types of small
passenger vessels that are required to carry a reserve power
supply;[^328] (d) extends the license terms of GMDSS Radio Operator's
Licenses, Restricted GMDSS Radio Operator's Licenses, GMDSS Radio
Maintainer Licenses, GMDSS Operator/Maintainer Licenses, and Marine
Radio Operator Permits from five years to the lifetime of the
holder;[^329] (e) modifies the requirement that commercial operator
license examination (COLE) managers use only the most recent question
pool available to the public;[^330] (f) removes regulatory language
specifying the specific number of questions to be used for each
examination element;[^331] (f) adopts rules authorizing COSPAS-SARSAT
and INMARSAT D+ equipment for use in the Ship Security Alert
System;[^332] (g) updates references to international standards;[^333]
(h) makes certain on-board frequencies available for narrowband
operations;[^334] (i) permits remote control programming of maritime
radio transmitters;[^335] (j) declines to eliminate emission designators
on non-distress frequencies;[^336] (k) declines to remove rules
pertaining to Morse code radiotelegraphy;[^337] (l) declines to take
action on certain proposals regarding frequency allotments and
limitations for ship facsimile communications, radiotelephone public
correspondence communications, and private maritime
communications;[^338] and (m) adopts a number of non-substantive
amendments to update and clarify the maritime radio service rules and
correct typographical errors.[^339]

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

No comments were submitted specifically in response to the IRFA.
However, some commenters raised concerns about the effect that two of
the rule changes might have on small entities. Specifically, the
Passenger Vessel Association (PVA) and the North Pacific Marine Radio
Council (NPMRC) expressed concern about the burden on small entities of
being required to comply with the more rigorous international standards
that have been developed for digital selective calling (DSC) radio
equipment.[^340] In addition, the National Marine Charter Association
(NMCA) and PVA expressed concern about the burden of having to carry a
reserve power supply on small entities who own or operate small
passenger vessels of less than 100 gross tons.[^341] 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.[^342]

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

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.[^343] The RFA defines the
term "small entity" as having the same meaning as the terms "small
business," "small organization," and "small governmental
jurisdiction."[^344] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^345] 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).[^346]

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 C.F.R.\
§ 121.201 (NAICS Code 517212).

Nationwide, there are a total of approximately 22.4 million small
businesses, according to SBA data.[^347] A "small organization" is
generally "any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field."[^348] Nationwide, as of
2002, there were approximately 1.6 million small organizations.[^349]
The term "small governmental jurisdiction" is defined generally as
"governments of cities, towns, townships, villages, school districts, or
special districts, with a population of less than fifty thousand."[^350]
Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States.[^351] We estimate that,
of this total, 84,377 entities were "small governmental
jurisdictions."[^352] Thus, we estimate that most governmental
jurisdictions are small.

*Wireless Service Providers*. The SBA has developed a small business
size standard for wireless firms within the two broad economic census
categories of \"Paging\"[^353] and \"Cellular and Other Wireless
Telecommunications.\"[^354] 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.[^355] Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or
more.[^356] 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.[^357] Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more.[^358] Thus, under this second category and size
standard, the majority of firms can, again, be considered small.

*VHF Public Coast Stations*. 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
C.F.R. § 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.

*Marine Radio Equipment Manufacturers*. 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 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."[^359] 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.[^360] According to
Census Bureau data for 2002, there were a total of 1,041 establishments
in this category that operated for the entire year.[^361] Of this total,
1,010 had employment of under 500, and an additional 13 had employment
of 500 to 999.[^362] Thus, under this size standard, the majority of
firms can be considered small.

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

In the *Third Report and Order,* we adopt two rule amendments that may
affect reporting, recordkeeping and other compliance requirements for
small entities.[^363] First, we amend Section 80.225 of the Rules[^364]
to require that DSC equipment comply with more rigorous technical
standards adopted by international bodies, ITU-R Recommendation
M.493-11, ITU-R Recommendation M.541-9, and, in the case of Class D DSC
radio equipment, IEC 62238.[^365] This rule amendment could affect small
entities that manufacture DSC equipment or that own or operate vessels
required to carry DSC equipment. Second, we amend Section 80.917 of the
Rules[^366] to extend a pre-existing requirement for carriage of a
reserve power supply[^367] to (a) small passenger vessels of less than
100 gross tons that carry more than 150 passengers or have overnight
accommodations for more than forty-nine persons, and (b) small passenger
vessels of less than 100 gross tons that operate on the high seas or
more than three miles from shore on Great Lakes voyages.[^368] This
extension of the reserve power supply requirement could affect small
entities that own or operate small passenger vessels newly subject to
the requirement.

In the IRFA accompanying the *Second Further Notice*, 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.[^369]

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

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): "(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 and
reporting requirements under the rule for such 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 such small
entities."[^370]

Although we received no comments specifically addressed to the IRFA for
the *Second Further Notice*, we have considered all comments to the
*Second Further Notice* 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. As noted above, we have
identified two new requirements that may affect reporting, recordkeeping
and other compliance requirements for small entities. We discuss both of
these new requirements adopted in the *Third Report and Order*, and
relevant alternatives, below.

In determining to adopt more stringent requirements for DSC radio
equipment, we carefully considered the impact of such action on small
entities that manufacture or use such equipment. We ultimately concluded
that we should not exempt any entities from compliance with the new DSC
technical standards because indefinite reliance on equipment meeting the
old standards could jeopardize the safety not only of passengers and
crew on vessels using such equipment but also passengers and crew on
other vessels.[^371] In addition to the undisputed safety benefits of
DSC equipment meeting the new standards, we took into account record
evidence indicating that the cost of such equipment is not excessive.
Three commenters responded to the Commission's request for information
on the compliance costs of this requirement, and their consensus view is
that the retail cost of DSC equipment meeting the new standards is not
more than \$200, which is less than what DSC equipment meeting the
earlier SC101 standard was retailing for just a few years ago.[^372]
Moreover, we have provided affected entities with significant relief
through a phase-in of the new requirements plus grandfathering
protections. Specifically, the Commission will continue to accept
applications for certification of non-handheld DSC equipment meeting the
SC101 standard until one year after the effective date of these rule
amendments.[^373] In addition, the Commission will continue to accept
applications for certification of handheld DSC equipment meeting the
SC101 standard for a full four years after the effective date of the new
rules.[^374] With respect to grandfathering protection, we are
permitting the continued manufacture, importation, sale and installation
of non-handheld SC101 radio equipment until three years after the
effective of the new rules, and the continued manufacture, importation
and sale of SC101 handheld units until seven years after the effective
date.[^375] Finally, we are grandfathering indefinitely the use of any
DSC equipment that was properly certified under the SC101 standard and
placed in service prior to the expiration of the applicable three-year
or seven-year grandfathering period; such equipment, therefore, may
continue to be used until the end of its useful life.[^376] We conclude
that these measures effectively mitigate the burden on small entities of
complying with the new DSC standards, reasonably further the goals of
the RFA, and allow a resolution of this matter that fairly balances the
public interest in maritime safety with the public interest in reducing
regulatory burdens on small entities.

We also carefully considered the impact on small entities of expanding
the Section 80.917 requirement to carry a reserve power supply to
additional classes of small passenger vessels.[^377] We have decided to
expand this requirement because we believe that a reserve power supply
"can make a life-or-death difference for passengers and crew on board a
passenger vessel in distress."[^378] We also have considered whether
there are less costly alternatives to a reserve power supply that would
be equally effective in addressing this safety concern. We conclude that
no such less costly alternatives exist.[^379] However, in the interest
of minimizing regulatory burdens on small entities, such as small
charter boat operators, that own and operate small passenger vessels, we
are not expanding the requirement to *all* small passenger vessels,
although we did consider that option.[^380] Instead, we are expanding
the reserve power supply requirement to those vessels where it will
provide potentially the greatest value in terms of maritime safety --
vessels with a relatively large passenger capacity and vessels that
travel relatively great distances from shore -- and where the costs can
most readily be absorbed. Specifically we are extending the reserve
power supply requirement to (a) small passenger vessels of less than 100
gross tons that carry more than 150 passengers or have overnight
accommodations for more than forty-nine persons;[^381] and (b) small
passenger vessels of less than 100 gross tons that carry not more than
150 passengers or have overnight accommodations for not more than
forty-nine persons,[^382] *and* that are required to carry EPIRBs under
the Coast Guard's Navigation and Vessel Inspection Circular No. 3-99,
*i.e*., that operate on the high seas or more than three miles from
shore on Great Lakes voyages.[^383] We believe that this rule adequately
addresses the concerns of NMCA and PVA that a reserve power supply
requirement not be imposed on the smallest of small passenger vessels,
such as small charter fishing boats, that remain relatively close to
shore and generally carry only a few passengers at a time.[^384] In
fact, this resolution was proposed by PVA.[^385] In addition, this
approach appropriately takes into account a vessel's passenger capacity
and area of operation in weighing the costs and benefits of imposing the
reserve power supply requirement. We are persuaded by the Coast Guard's
endorsement of this approach,[^386] moreover, that it gives appropriate
weight to the interest in maritime safety at the same time that it
furthers the goals of the RFA. Finally, to further mitigate the burden
on the owners and operators of small passenger vessels newly subject to
the reserve power supply requirement, we provide them with up to one
year after the effective date of this rule amendment to install the
requisite reserve power supply.[^387]

**F. Report to Congress**

The Commission will send a copy of the *Third Report and Order* in WT
Docket No. 00-48, including the Final Regulatory Flexibility Analysis,
in a report to be sent to Congress and the Congressional Budget Office
pursuant to the Congressional Review Act.[^388] In addition, the
Commission will send a copy of the *Third Report and Order* in WT Docket
No. 00-48, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the SBA. A copy of the *Third Report and
Order* in WT Docket No. 00-48 and the Final Regulatory Flexibility
Analysis (or summaries thereof) will also be published in the Federal
Register.[^389]

**APPENDIX D**

Initial Regulatory Flexibility Analysis

(*Third Further Notice of Proposed Rule Making* in WT Docket No. 00-48)

As required by the Regulatory Flexibility Act (RFA),[^390] 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 *Third Further Notice
of Proposed Rule Making* in WT Docket No. 00-48 (*Third Further
Notice*). Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the *Third Further Notice* as provided in
paragraph 82 of the item, *supra*. The Commission will send a copy of
the *Third Further Notice*, including the IRFA, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration.[^391] In addition,
the *Third Further Notice* and IRFA (or summaries thereof) will be
published in the Federal Register.[^392]

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

In the *Third Further Notice*, we seek comment on rule amendments that
are intended to enhance maritime safety, promote the efficient use of
the maritime radio spectrum, and, to the extent consistent with these
first two objectives, remove unnecessary regulatory burdens. We also
seek to conform the Commission's Part 80 rules with international
standards where doing so will not undermine domestic regulatory
objectives. In the *Third Further Notice*, we first request comment on
whether we should remove Part 80 regulatory provisions providing for the
certification and authorizing the use of INMARSAT-E EPIRBs in light of
the planned cessation of service to such EPIRBs as of December 1,
2006.[^393] Second, we invite comment on a Coast Guard recommendation to
require that VHF DSC handheld radios include an integral GPS capability
to ensure that distress calls include accurate location
information.[^394] Third, we ask commenters to consider whether small
passenger vessels that do not have a reserve power supply should be
required to carry at least one VHF marine radio transceiver.[^395]
Fourth, we request comment on whether additional frequencies should be
made available for ship station facsimile use, and whether the
Commission should permit the transmission of data on VHF maritime voice
channels[^396] Fifth, we request comment on whether we should remove
certain restrictions on the assignment of frequencies to private coast
stations and marine utility stations in light of the current demand for
such frequencies.[^397] Sixth, we solicit comment on updating the
standards for ship radar equipment.[^398] Finally, we request comment on
the proposed addition of a rule to Subpart W of Part 80 to clarify the
continued applicability of a daily radiotelephone testing requirement to
GMDSS vessels subject to Subpart W.[^399]

**B. Legal Basis for Proposed Rules**

The proposed action is authorized under 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), and 332(a)(2).

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

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.[^400] The RFA defines the
term "small entity" as having the same meaning as the terms "small
business," "small organization," and "small governmental
jurisdiction."[^401] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^402] 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).[^403] A small organization is generally "any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field."[^404] Nationwide, there are a total of
approximately 22.4 million small businesses, according to SBA
data.[^405] A "small organization" is generally "any not-for-profit
enterprise which is independently owned and operated and is not dominant
in its field."[^406] Nationwide, as of 2002, there were approximately
1.6 million small organizations.[^407] The term "small governmental
jurisdiction" is defined generally as "governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand."[^408] Census Bureau data for
2002 indicate that there were 87,525 local governmental jurisdictions in
the United States.[^409] We estimate that, of this total, 84,377
entities were "small governmental jurisdictions."[^410] Thus, we
estimate that most governmental jurisdictions are small. Below, we
further describe and estimate the number of small entity licensees and
regulatees that may be affected by adoption of rules discussed in the
*Third Further Notice*.

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 IRFA, 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 C.F.R.\
§ 121.201 (NAICS Code 517212).

*Wireless Service Providers*. The SBA has developed a small business
size standard for wireless firms within the two broad economic census
categories of "Paging"[^411] and "Cellular and Other Wireless
Telecommunications."[^412] 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.[^413] Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or
more.[^414] 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.[^415] Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more.[^416] Thus, under this second category and size
standard, the majority of firms can, again, be considered small.

*VHF Public Coast Stations*. 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
C.F.R. § 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.

*Marine Radio Equipment Manufacturers*. 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 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."[^417] 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.[^418] According to
Census Bureau data for 2002, there were a total of 1,041 establishments
in this category that operated for the entire year.[^419] Of this total,
1,010 had employment of under 500, and an additional 13 had employment
of 500 to 999.[^420] Thus, under this size standard, the majority of
firms can be considered small.

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

We believe three of the possible rule changes discussed in the *Third
Further Notice* may potentially have a direct, significant economic
impact on a substantial number of small entities.[^421] As noted, we
have requested comment on whether to require GPS capability in VHF-DSC
handheld radios, on whether to require that small passenger vessels
carry at least one VHF handheld marine radio transceiver, and on whether
to update the standards for ship radar equipment. 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 other matters discussed in the *Third
Further Notice* would have a direct, significant economic impact on a
substantial number of small entities. However, any commenters that
disagree with that tentative conclusion are asked to explain the basis
of that disagreement.

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

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.[^422]

In the *Third Further Notice*, we ask that commenters provide
information on the incremental cost to manufacturers and consumers if
the Commission were to adopt a requirement for GPS capability in VHF-DSC
handheld units.[^423] We describe here, and seek comment on, possible
alternatives to imposing such a requirement that might minimize the
economic impact on small entities. First, we ask commenters to consider
whether it would be appropriate to exempt any class of small entities
from such a requirement. Commenters advocating such an exemption should
propose criteria for identifying entities that should be exempt, and
should explain why they believe such an exemption represents a
reasonable compromise between the goals of promoting maritime safety and
minimizing compliance costs for small entities. In addition, if we do
determine to impose a new requirement for GPS capability in VHF-DSC
handheld radio equipment, we would consider whether we should continue
to certify VHF-DSC equipment without such capability for a specified
additional period of time, and/or whether we should adopt grandfathering
protections to allow the continued sale and use of such non-GPS VHF-DSC
handheld equipment for a specified period of time or indefinitely.
Interested parties should address these alternatives. Finally, we seek
comment on whether an alternative, less costly equipment requirement
could adequately address the concern that distress communications
include accurate coordinates for the vessel in distress.

In the *Third Further Notice*, we also seek comment on whether the
Commission should require carriage of at least one VHF handheld marine
radio transceiver on small passenger vessels that do not carry a reserve
power supply.[^424] Our understanding is that such handheld radio
equipment can be purchased for under fifty dollars at retail, making it
a far less expensive proposition for small vessel owners and operators
than would expanding the reserve power supply requirement to all small
passenger vessels, regardless of size. Notwithstanding the relative
inexpensiveness of VHF handheld marine radios, and the important safety
benefits that would accrue from imposing such a carriage requirement, we
request that interested parties to address whether the costs of such a
requirement would outweigh the safety benefits, and to suggest any
alternatives, exemptions or phased-in implementation schedules that the
Commission might adopt to reduce the compliance burden of such a
requirement on small entities.

In the *Third Further Notice*, we also invite comment on revising the
standards for ship radar equipment.[^425] We seek comment on the impact
of such a revision on radar equipment manufacturers and on the owners
and operators of vessels required to be fitted with radar equipment.
Given that we contemplate amending our rules only to reflect the most
up-to-date international standards for ship radar equipment, we question
whether such an amendment would impose any new compliance burden on
small entities, since they may already be required to, or have decided
it is prudent to, manufacture and use equipment that conforms to those
international standards. To the extent such an amendment would be deemed
to create a new compliance burden, we ask interested parties whether and
how that burden can be eliminated or mitigated for small entities, both
small manufacturers and small owners and operators of vessels fitted
with radar equipment. Commenters should consider the possibility of
retaining the existing Part 80 radar standards, incorporating by
reference only some of the newer international radar standards,
exempting certain entities from the requirement to comply with the newer
international radar standards, and/or providing transition periods
before compliance is required (so that, *e.g*., radar equipment can
still be certified based on compliance with the current standards for a
specified period of time) and grandfathering protection (to permit the
continued manufacture, sale, importation, and use of radar equipment
certified under the old standards, either for a specified period of
years or indefinitely). Commenters are also invited to suggest
alternatives other than those discussed here.

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

None.

[^1]: *See* 47 C.F.R. §§ 80.1 *et seq*.

[^2]: The GMDSS is a ship-to-shore and ship-to-ship distress
    communications system using satellite and digital selective calling
    (DSC) technology. *See* para. 5, *infra*, for additional background
    information. DSC is an internationally approved system for
    automatically contacting vessels on MF, HF and VHF frequencies. It
    allows mariners to instantly send an automatically formatted
    distress alert to the Coast Guard or other rescue authority anywhere
    in the world. DSC also allows mariners to initiate or receive
    distress, urgency, safety and routine radiotelephone calls to or
    from any similarly equipped vessel or shore station, without
    requiring either party to be near a radio loudspeaker. DSC acts like
    the dial and bell of a telephone, allowing users to "direct dial"
    and "ring" other maritime radio stations.

[^3]: The VPC service was established to provide commercial mobile radio
    services (CMRS) in port and coastal areas, permitting ships to send
    and receive messages and to interconnect with the public switched
    telephone network.

[^4]: *See* Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 00-48, 17 FCC Rcd
    6741 (2002) (*Report and Order* and *Further Notice*, respectively).
    We note that a petition for reconsideration of the *Sixth Report and
    Order* in PR Docket No. 92-257, Amendment of Parts 13 and 80 of the
    Commission's Rules Concerning Maritime Communications, *Second
    Report and Order, Sixth Report and Order, and Second Further Notice
    of Proposed Rule Making*, WT Docket No. 00-48 and PR Docket No.
    92-257, 19 FCC Rcd 3120 (2004) (*Second Report and Order*, *Sixth
    Report and Order* and *Second Further Notice*, respectively), was
    filed by MariTEL, Inc. (MariTEL). In the *Sixth Report and Order*,
    the Commission adopted rules for the certification of Automatic
    Identification System (AIS) equipment. *See* *Sixth Report and
    Order*, 19 FCC Rcd at 3155-56 ¶ 67; 47 C.F.R. §§ 80.275,
    80.1101(c)(12). Acknowledging that significant issues concerning AIS
    were the subject of pending petitions filed by the National
    Telecommunications and Information Administration (NTIA) and by
    MariTEL, the Commission concluded that it was unnecessary to defer
    adoption of rules to govern certification of AIS equipment until
    those other AIS issues were resolved. *See* *Sixth Report and
    Order*, 19 FCC Rcd at 3154-55 ¶¶ 64, 67. MariTEL's Petition for
    Reconsideration argues that the Commission ignored information on
    the detrimental impact that certification of AIS equipment, under
    the rules adopted, would have on MariTEL, and that the rules
    effectively "delegate to international regulatory agencies a
    determination of whether AIS equipment should be approved for use in
    the United States." *See* MariTEL Petition for Reconsideration at 3
    (filed Dec. 8, 2004), *corrected by* MariTEL Amendment to Petition
    for Reconsideration (filed April 12, 2005). These arguments are
    closely interrelated with the issues to be resolved in the WT Docket
    No. 04-344 *AIS Rulemaking Proceeding. See* Amendment of the
    Commission's Rules Regarding Maritime Automatic Identification
    Systems, *Memorandum Opinion and Order and Notice of Proposed Rule
    Making*, WT Docket No. 04-344, 19 FCC Rcd 20071 (2004) (*AIS NPRM*).
    The key issue in the *AIS Rulemaking Proceeding* is the
    identification of appropriate channels for domestic AIS use, and the
    crux of MariTEL's argument here is that the Commission should not
    certify AIS equipment that is designed to operate on a simplex basis
    on Channels 87B and 88B in accordance with the international AIS
    standards. Accordingly, MariTEL's Petition for Reconsideration of
    the *Sixth Report and Order* was addressed in the *AIS Rulemaking
    Proceeding*. We therefore terminate PR Docket No. 92-257.

[^5]: Finally, we make a number of minor changes to our Part 80 rules to
    remove obsolete provisions, update terminology and cross-references,
    reflect statutory changes and previous regulatory decisions, or
    otherwise make them more streamlined and clearer, as explained in
    each case below*. See, e.g.*, ¶¶ 22-23, 25, 53-67, *infra*. Because
    these changes do not affect the rights or obligations of any party
    subject to these rules, we believe that the public will not be
    interested in commenting and thus we find good cause to adopt these
    changes without notice and comment.

[^6]: We received timely petitions for reconsideration of the *Report
    and Order* from Kurt Anderson, Owen Anderson, Ron Neuman (Neuman),
    the Radio Technical Commission for Maritime Services (RTCM), and the
    United States Coast Guard (USCG or Coast Guard). These petitions are
    addressed in the instant *Memorandum Opinion and Order* in WT Docket
    No. 00-48. We note that the Coast Guard petitioned for
    reconsideration of the decision not to add a definition of Automatic
    Identification Systems (AIS) to Section 80.5 of the Commission's
    rules, 47 C.F.R. § 80.5. Coast Guard Petition for Reconsideration at
    1-2. We will add the Coast Guard's petition to the record of the
    *AIS Rulemaking Proceeding*, where similarly the Commission has
    proposed to adopt a definition of AIS. *See AIS NPRM*, 19 FCC Rcd at
    20117. We also take no action in response to Kurt Anderson's and
    Owen Anderson's suggestions that all of the Commission's rules
    governing GMDSS should be grouped together in Subpart W, obviating
    any need to cross-reference any rules outside Subpart W. *See* Kurt
    Anderson Petition for Reconsideration at 1; Owen Anderson Petition
    for Reconsideration at 3. These recommendations do not pertain to
    any particular decision adopted in the *Report and Order*, and the
    petitioners do not identify particular rules to be added to Subpart
    W. With respect to this issue, we find these petitions for
    reconsideration to be deficient. *See* 47 C.F.R. § 1.106(d)(1)
    (stating that a petition for reconsideration "shall state with
    particularity the respects in which petitioner believes the action
    taken by the Commission ... should be changed ... and shall state
    specifically the form or relief sought...."). However, in light of
    the desirability of providing mariners on GMDSS-participating
    vessels with a comprehensive and clear source of information on the
    Commission's GMDSS requirements, we expect the Wireless
    Telecommunications Bureau, in consultation with the Coast Guard, to
    develop such materials and to post them on the Commission's web
    site.

[^7]: *See* Appendix A, *infra*, for a list of parties filing comments
    or reply comments in response to the *Second Further Notice*. These
    comments and reply comments are addressed in the instant *Third
    Report and Order* in WT Docket No. 00-48.

[^8]: *See* Amendment of Parts 13 and 80 of the Commission's Rules to
    Implement the Global Maritime Distress and Safety System (GMDSS) to
    Improve the Safety of Life at Sea, *Report and Order,* PR Docket No.
    90-480, 7 FCC Rcd 951 (1992). The GMDSS is a "worldwide coordinated
    maritime distress system designed to provide the rapid transfer of
    distress messages from vessels in distress to units best suited for
    giving or coordinating assistance. The system includes standardized
    equipment and operational procedures, unique identifiers for each
    station, and the integrated use of frequency bands and radio systems
    to ensure the transmission and reception of distress and safety
    calls and messages at short, medium and long ranges." *See* 47
    C.F.R. § 80.5.

[^9]: The IMO is an agency of the United Nations that specifies
    regulations for the maritime service, such as equipment carriage
    requirements for certain classes of ships.

[^10]: *See* Consolidated Text of the International Convention for the
    Safety of Life at Sea, 1974, and its Protocol of 1977: Articles,
    Annexes and Certificates, Incorporating All Amendments in Effect
    from 1 July 1997, International Maritime Organization, London, 1997.
    The primary objective of the SOLAS Convention is to specify minimum
    standards for the construction, equipment, and operation of ships,
    compatible with their safety. Earlier versions of the SOLAS
    Convention were adopted in 1914, 1929, 1948, and 1960.

[^11]: *Id*.

[^12]: *See* 47 C.F.R. § 80.5, *Categories of ships* (defining a
    voluntary ship as "\[a\]ny ship which is not required by treaty or
    statute to be equipped with radiotelecommunication equipment").

[^13]: The ITU is a United Nations agency responsible for the global
    oversight and implementation of international telecommunications
    policy. The ITU derives its authority from a multilateral treaty to
    which the United States is a party.

[^14]: The IEC is a global organization that prepares and publishes
    international standards for all electrical, electronic and related
    technologies. Its membership consists of more than sixty
    participating countries, including all of the world's major trading
    nations and a growing number of industrializing countries. The IEC
    works closely with SOLAS organizations in developing standards for
    GMDSS equipment. *See, e.g*., ITU-R Resolution 41, "Collaboration
    with the International Organization for Standardization (ISO) and
    the International Electrotechnical Commission (IEC)" 1997. The IEC
    standards pertaining to GMDSS generally are encompassed by IEC
    Publication number 61097.

[^15]: The ISO is a worldwide federation of national standards bodies.
    The United States is represented through the American National
    Standards Institute (ANSI). The mission of the ISO is to promote the
    development of standardization and related activities in the world
    with the aim of facilitating the international exchange of goods and
    services, and of developing cooperation in the spheres of
    intellectual, scientific, technological and economic activity.

[^16]: *See* Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Notice of Proposed Rule Making
    and Memorandum Opinion and Order**, ***WT Docket No. 00-48, 15 FCC
    Rcd 5942 (2000) (*GMDSS* *NPRM*).

[^17]: *Id.* at 5944 ¶ 2, 5951 ¶ 17.

[^18]: *See Report and Order*, 17 FCC Rcd at 6744 ¶ 2, for a summary of
    the significant actions taken in the *Report and Order.*

[^19]: *See Further Notice*, 17 FCC Rcd at 6781 ¶ 108, for a summary of
    the matters on which comment was requested in the *Further Notice*.

[^20]: The Commission did not address the petitions for reconsideration
    of the *Report and Order* at the same time it adopted the *Second
    Report and Order* because the record on the issues discussed in the
    *Further Notice*, and resolved in the *Second Report and Order*, was
    finalized well before petitions for reconsideration of the *Report
    and Order* could be filed. This occurred because the *Further
    Notice* was published in the Federal Register well before the
    *Report and Order*. *Compare* 67 Fed. Reg. 35086 (May 17, 2002)
    (*Further Notice*) *with* 68 Fed. Reg. 46957 (Aug. 7, 2003) (*Report
    and Order*).

[^21]: *See Second Report and Order*, 19 FCC Rcd at 3122 ¶ 2, for a
    summary of the significant actions taken in the *Second Report and
    Order*.

[^22]: *See Second Further Notice*, 19 FCC Rcd at 3123-24 ¶ 4 for a
    summary of the matters on which comment was requested in the *Second
    Further Notice*.

[^23]: 47 C.F.R. § 13.201.

[^24]: *See Report and Order*, 17 FCC Rcd at 6749-50 ¶¶ 14-15.

[^25]: COLE Managers, or COLEMs, are private sector entities that have
    been certified by the Commission to administer and grade commercial
    operator license examinations pursuant to a Memorandum of Agreement
    with the Commission. *See* 47 C.F.R. §§ 13.3(a), 13.213.

[^26]: *See* 47 C.F.R. §§ 13.201-13.203 (2001). Element 7 questions are
    GMDSS-specific, 47 C.F.R. § 13.201(a)(5), while Element 1 questions
    cover "\[b\]asic radio law and operating practice with which every
    maritime operator should be familiar." 47 C.F.R. § 13.203(a)(1). In
    the *Report and Order*, the Commission established the Restricted
    GMDSS Radio Operator's License, competency for which may be
    demonstrated by passing a COLE Manager-administered examination of
    new Element 7R instead of Element 7, as well as Element 1. *See
    Report and Order*, 17 FCC Rcd at 6749 ¶ 13; 47 C.F.R. §§
    13.201(b)(7), 13.203(a)(6).

[^27]: *See Report and Order*, 17 FCC Rcd at 6750 ¶ 15.

[^28]: Owen Anderson Petition for Reconsideration at 1. The amended rule
    provides that an applicant for a GMDSS Radio Operator\'s License
    "must pass, or otherwise receive credit for ... Written Elements 1
    and 7 \[7R in the case of an applicant for a Restricted GMDSS Radio
    Operator License\], or a Proof of Passing Certificate (PPC) issued
    by the United States Coast Guard or its designee representing a
    certificate of competency from a Coast Guard-approved training
    course for a GMDSS endorsement." 47 C.F.R. § 13.201(b), (b)(6).

[^29]: Although applicants who have received PPCs based on completion of
    Coast Guard-approved training do not need to take a COLE
    Manager-administered examination, it remains that such applicants
    must submit their applications to the Commission via a COLE Manager.
    The Part 13 rules still require that applications either be filed
    manually with an original PPC from a COLE Manager or batch-filed
    electronically by a COLE Manager. *See* 47 C.F.R. §§ 13.9(c),
    13.13(c). We believe this requirement provides an important
    safeguard to ensure that licenses are issued only on the basis of
    authentic PPCs.

[^30]: *See Report and Order*, 17 FCC Rcd at 6751-52 ¶¶ 19-20.

[^31]: *See* 47 C.F.R. § 80.1117(a).

[^32]: *See* 47 C.F.R. § 80.1121(b)-(d).

[^33]: Kurt Anderson Petition for Reconsideration at 6-7.

[^34]: *Id*. at 7. To this end, Kurt Anderson suggests that the rules be
    amended to expressly state that distress alert relays shall use any
    of a specified list of non-DSC technologies -- *e.g.*, VHF/HF
    radiotelephony, narrow-band direct-printing (NBDP), Inmarsat
    voice/telex -- or "any method other than DSC." *Id*. at 6.

[^35]: *See* 47 C.F.R. § 80.1117(a).

[^36]: Section 80.1121 likewise does not use the term "DSC" in
    describing the distress alert relays required by that rule. The term
    is used only in Section 80.1121(d), to describe a DSC
    *acknowledgement*. *See* 47 C.F.R. § 80.1121(d).

[^37]: *See* ITU-R Recommendation M.493-11, "Digital Selective-Calling
    System for Use in the Maritime Mobile Service," with Annexes 1 and
    2, Table 4.3 (2004) (ITU-R M.493-11); ITU-R Recommendation M.541-9,
    "Operational Procedures for the Use of Digital Selective-Calling
    Equipment in the Maritime Mobile Service," with Annexes, Annex 1 §
    3.4, Annex 3 § 1.4 (2004) (ITU-R M.541-9).

[^38]: To the extent that Kurt Anderson is concerned that permitting DSC
    relays of DSC distress alert calls would exacerbate the problems
    stemming from false DSC alerts, we note that § 80.1117 does not
    authorize transmission of an "all ships" DSC distress alert relay,
    but only a relay to the coast station. Section 80.1121 permits "all
    ships" relays only when the relaying ship "has knowledge that
    another ship in distress is not itself able to transmit the distress
    alert, and the Master of the ship considers that further help is
    necessary." *See* 47 C.F.R. § 80.1121(b)-(c).

[^39]: *See* 47 C.F.R. §§ 80.148, 80.305(a)(3), 80.1123(c).

[^40]: *See Report and Order*, 17 FCC Rcd at 6753 ¶ 26.

[^41]: *Id*. The Commission observed that many vessels operating within
    Sea Area A1 are not equipped with GMDSS equipment and are still
    operating with VHF radios using the Channel 16 watch. The Commission
    therefore concluded that "extension of the Channel 16 watch date
    will result in GMDSS vessels maintaining the ability to intercept
    safety and distress calls from vessels operating under the older
    system, while allowing voluntary ships sufficient time to fit DSC
    radios." *Id*. For a definition of Sea Area A1 (and Sea Areas A2,
    A3, and A4), *see* 47 C.F.R. § 80.1069.

[^42]: *See Report and Order*, 17 FCC Rcd at 6753-54 ¶ 27.

[^43]: *Id*. at 6754 n.64.

[^44]: *See* IMO Resolution MSC.131(75), "Maintenance of a Continuous
    Listening Watch on VHF Channel 16 by SOLAS Ships Whilst at Sea After
    1 February 1999 and Installation of VHF DSC Facilities on Non-SOLAS
    Ships," para. 2.4. (adopted May 21, 2002).

[^45]: USCG Petition for Reconsideration at 1. Although the Coast Guard
    only requests that we amend Sections 80.305(a)(3) and 80.1123, we
    must also address this issue with respect to Section 80.148.

[^46]: *See* 47 C.F.R. §§ 80.310, 80.1153(b).

[^47]: *See Report and Order*, 17 FCC Rcd at 6755 ¶ 32. Prior to this
    amendment, Section 80.310 required such vessels to maintain the
    Channel 16 watch only when the radio is operating. *See* 47 C.F.R. §
    80.310 (2001).

[^48]: *See* 47 C.F.R. § 80.1153(b).

[^49]: *See Report and Order*, 17 FCC Rcd at 6755 ¶ 32.

[^50]: As an additional non-substantive measure, we also amend Section
    80.1153 to remove the cross-reference to Section 80.146. The *Report
    and Order* removed and reserved Section 80.146. *See Report and
    Order*, 17 FCC Rcd at 6760 ¶ 45.

[^51]: *See* 47 C.F.R. §§ 80.305(a)(2), (b)(1), 80.1123(d).

[^52]: *See* 47 C.F.R. § 80.1123(d) (2001).

[^53]: *See Report and Order*, 17 FCC Rcd at 6755 ¶ 30.

[^54]: *Id*.

[^55]: Owen Anderson Petition for Reconsideration at 3. According to
    Owen Anderson, "\[t\]here is enough distraction by the requirement
    to monitor \[Channel 16\] without compounding the confusion by
    adding 2182." *Id*.

[^56]: *See* 47 C.F.R. § 80.1123(a)(2), (c).

[^57]: The *Report and Order* was not adopted until March 27, 2002, more
    than three years after the previous Section 80.1123(d) requirement
    had sunset in February 1999.

[^58]: In its comments to the *GMDSS NPRM*, the Coast Guard said it does
    not consider a watch on 2182 kHz of much practical benefit, as it
    has observed a continuing decline in its use. *See Report and
    Order*, 17 FCC Rcd at 6755 ¶ 29 (citing USCG Comments \[to the
    *GMDSS NPRM*\] at 7).

[^59]: In its comments to the *GMDSS NPRM*, the Task Force asserted that
    mandatory watches on 2182 kHz are unnecessary for vessels that have
    upgraded to MF-DSC. *See Report and Order*, 17 FCC Rcd at 6754 ¶ 29
    (citing Task Force Comments \[to the *GMDSS NPRM*\] at 7).

[^60]: *See* 47 C.F.R. § 80.310 (specifying that voluntary vessels
    equipped with MF-HF DSC equipment must, *inter alia*, have the radio
    turned on and set to an appropriate DSC distress calling channel or
    one of the radiotelephone distress channels \[such as Channel 16\]
    whenever the vessel is underway and the radio is not being used to
    communicate).

[^61]: Fishing vessels that are otherwise subject to the SOLAS GMDSS
    requirements have received a limited, temporary waiver of the
    requirement to carry VHF-DSC (in Sea Area A1) and MF-DSC (in Sea
    Area A2) equipment. *See* Waiver of Certain Global Maritime Distress
    and Safety System (GMDSS) Rules Applicable to Fishing Vessels and
    Small Passenger Vessels, *Order*, 14 FCC Rcd 528, 534 ¶ 11 (1998);
    *Report and Order*, 17 FCC Rcd at 6745-48\
    ¶¶ 5-11. These fishing vessels are currently required to maintain a
    2182 kHz watch and, absent an intervening rule change, will remain
    subject to that watch requirement until such time as they are fitted
    with MF-DSC equipment.

[^62]: To implement our decisions herein pertaining to the 2182 kHz
    watch, we amend Sections 80.223, 80.268, 80.269 (removed in its
    entirety), 80.305, 80.310, 80.858, 80.913, and 80.1123, and we add
    new Section 80.882 to Subpart R. *See* 47 C.F.R. §§ 80.223, 80.268,
    80.269, 80.305, 80.310, 80.858, 80.882, 80.913, and 80.1123.

[^63]: *See* 47 C.F.R. § 80.409(e).

[^64]: *See* 47 C.F.R. § 80.409(e)(1) (2001). Pursuant to IMO Resolution
    A.888(21), there are four levels of priority in the GMDSS. In
    descending order, these four priority levels are (1) distress, (2)
    urgency, (3) safety, and (4) other routine communications. *See* IMO
    Assembly Resolution A.888(21), "Criteria for the Provision of Mobile
    Satellite Communication Systems in the Global Maritime Distress and
    Safety System (GMDSS)," with Annex, adopted 25 November 1999.
    Distress traffic consists of messages relating to the immediate
    assistance required by the mobile station in distress. *See* 47
    C.F.R. § 80.325(a). Urgency traffic consists of messages,
    transmitted under authority of the master or person responsible for
    the mobile station, concerning the safety of a ship, aircraft, or
    other vehicle, or the safety of a person. *See* 47 C.F.R. §
    80.327(a). Safety traffic consists of messages concerning the safety
    of navigation or giving important meteorological warnings. *See* 47
    C.F.R. §§ 80.329(a), 80.330(c).

[^65]: *See Report and Order*, 17 FCC Rcd at 6762 ¶¶ 48-49.

[^66]: *Id*. at 6762 ¶ 49.

[^67]: *Id*. The Commission noted in this regard that there is no
    requirement that the Bridge Officer make log entries of intercepted
    distress communications in a book that is separate from the GMDSS
    log. *Id*.

[^68]: *See* 47 C.F.R. § 80.409(e)(5).

[^69]: *Id*. at 6762 ¶¶ 48-49.

[^70]: *See* 47 C.F.R. § 80.409(a).

[^71]: *See Report and Order*, 17 FCC Rcd at 6771 ¶ 78.

[^72]: *See* Kurt Anderson Petition for Reconsideration at 1-2; Owen
    Anderson Petition for Reconsideration at 1-2. We leave unchanged the
    log-keeping requirement with respect to urgency communications.

[^73]: *See* Owen Anderson Petition for Reconsideration at 1-2.

[^74]: *See* Kurt Anderson Petition for Reconsideration at 2; Owen
    Anderson Petition for Reconsideration at 1-2. Log entries for
    distress communications pertaining to the station\'s own ship are
    critical because such entries may provide the most reliable and
    comprehensive information regarding events affecting the vessel\'s
    safety at sea. Analysis of this information may be essential to
    accurately evaluating such events. Log entries for all distress
    communications received that do not affect the station\'s own ship
    would reference mostly false alerts, which have little informational
    value, or distress messages from vessels located at great distance
    from the station\'s own ship, information concerning which can be
    obtained from other, more reliable sources, *e.g.*, the transmitting
    ship or other vessels either in close proximity or those relaying
    the distress message.

[^75]: Owen Anderson argues that the rule should simply require only a
    "summary of all distress and urgency communications affecting the
    station's own ship." *See* Owen Anderson Petition for
    Reconsideration at 2. However, we favor a requirement that also
    encompasses distress call acknowledgements received from search and
    rescue authorities and distress call relays by the station's own
    ship as better balancing the benefits and burdens of the log-keeping
    requirement. Kurt Anderson agrees that distress communications from
    rescue coordination centers and search and rescue authorities should
    be included in the log. *See* Kurt Anderson Petition for
    Reconsideration at 2. Thus, the log-keeping requirement with respect
    to distress communications remains more expansive in scope, albeit
    significantly less so following this amendment, than the log-keeping
    requirement with respect to urgency communications.

[^76]: *See* Kurt Anderson Petition for Reconsideration at 2-7; Owen
    Anderson Petition for Reconsideration at 2.

[^77]: *See* 47 C.F.R. § 80.409(e)(3).

[^78]: *See* Kurt Anderson Petition for Reconsideration at 2-3; Owen
    Anderson Petition for Reconsideration at 2.

[^79]: *See* 47 C.F.R. § 80.409(e)(5).

[^80]: *See* Kurt Anderson Petition for Reconsideration at 3-4; Owen
    Anderson Petition for Reconsideration at 2.

[^81]: *See* Owen Anderson Petition for Reconsideration at 2.

[^82]: *See* 47 C.F.R. § 80.1099(f)(2).

[^83]: *See* Kurt Anderson Petition for Reconsideration at 2-4; Owen
    Anderson Petition for Reconsideration at 2.

[^84]: In his petition for reconsideration, Kurt Anderson states that
    the permissibility of electronic log-keeping remains an open
    question, but does not acknowledge the Commission's statement in the
    *Report and Order* that nothing in the rule forecloses electronic
    log maintenance. *See* Kurt Anderson Petition for Reconsideration at
    6; *Report and Order*, 17 FCC Rcd at 6771 ¶ 78.

[^85]: *See* Review of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Report and Order and Further Notice of
    Proposed Rule Making*, WT Docket No. 01-289, 18 FCC Rcd 21432, 21444
    ¶ 27 (2003); 47 C.F.R. § 87.109. Although the text of Section 87.109
    does not actually refer to *electronic* log maintenance (or to
    computer-generated *automatic* logs, as they are described in the
    adopting order), the language of Section 87.109(c) -- imposing a
    sign-in and sign-out requirement only on stations maintaining
    written logs -- unmistakably evinces the Commission's intent to
    permit electronic logs. *See* 47 C.F.R. § 87.109(c).

[^86]: *See, e.g*., Kurt Anderson Petition for Reconsideration at 6.

[^87]: *See Report and Order*, 17 FCC Rcd at 6769-70 ¶¶ 70-72.

[^88]: *See* 47 C.F.R. §§ 80.334-80.335.

[^89]: *See* 47 C.F.R. §§ 80.314-80.316.

[^90]: *See* 47 C.F.R. § 80.335(a)(2), (b)(2), (c)(2).

[^91]: *See* Owen Anderson Petition for Reconsideration at 1. While the
    "DSC ACKNOWLEDGE" function stops the repeated transmission of the
    distress alert, it does not actually cancel the false distress
    alert.

[^92]: *See* ITU-R M.541-9 at § 1.7.1.

[^93]: Similarly, we will also consolidate Sections 80.327 and 80.328
    into a single rule, and Sections 80.329 and 80.330 into a single
    rule. In each of these cases, the substantive requirements of the
    existing rules remain unchanged. This is a non-substantive
    restructuring of the rules in question. *See* 5 U.S.C. § 553.

[^94]: *See* 47 C.F.R. § 80.1061.

[^95]: The EPIRBs in question were formerly known as 406.025 MHz EPIRBs.
    The change in nomenclature, to 406.0-406.1 MHz EPIRBs, was adopted
    by the Commission in the *Report and Order* to better reflect that
    new satellite EPIRBs may operate on various frequencies in three
    kilohertz steps within the 406.0-406.1 MHz band, rather than just on
    a single frequency. *See Report and Order*, 17 FCC Rcd at 6773-74 ¶¶
    84-85.

[^96]: *See Report and Order*, 17 FCC Rcd at 6773-74 ¶¶ 84-85.

[^97]: *Id*. The standard is RTCM Paper 77-02/SC110-STD, "RTCM
    Recommended Standards for 406 MHz Satellite Emergency
    Position-Indicating Radiobeacons (EPIRBs)," Version 2.1, dated June
    20, 2002.

[^98]: RTCM Petition for Reconsideration at 2.

[^99]: *Id*.

[^100]: *Id*. at 2-4. COSPAS/SARSAT is an international satellite-based
    search and rescue system jointly established by Canada, Russia, and
    the United States. COSPAS/SARSAT receives and relays transmissions
    from 406.0-406.1 MHz EPIRBs.

[^101]: *See* USCG Petition for Reconsideration at 1.

[^102]: Although RTCM requests removal of the reference to Appendix B
    from the introductory paragraph of Section 80.1061(c), we also
    remove the reference to Appendix B from Section 80.1061(c)(1)(ii).

[^103]: We also update the contact information for RTCM in Sections
    80.225 and 80.273(a) of the Rules, 47 C.F.R.\
    §§ 80.225, 80.273(a).

[^104]: *See Report and Order*, 17 FCC Rcd at 6776-77 ¶¶ 94-95.

[^105]: *See* 47 C.F.R. § 80.1077 (2001).

[^106]: *See* 47 C.F.R. § 80.359(b).

[^107]: *See Report and Order*, 17 FCC Rcd at 6777 ¶ 95.

[^108]: *Id*.; *see* 47 C.F.R. § 80.1077 n.11.

[^109]: *See Report and Order*, 17 FCC Rcd at 6777 ¶ 95.

[^110]: *See* Neuman Petition for Reconsideration at 1.

[^111]: *Id*.

[^112]: *Id*.

[^113]: *See, e.g*., ITU-R M.493-11 at Annex 1 § 6.4.1 and Tables 4.8
    and 4.9; ITU-R M.541-9 at Annex 3 §§ 4.1-4.3.

[^114]: We are also making various non-substantive corrections to Part
    80 so that it more accurately reflects the decisions adopted in the
    *Report and Order*. The *Report and Order* retitled Subpart R of
    Part 80 as "Technical Equipment Requirements for Cargo Vessels Not
    Subject to Subpart W." *See Report and Order*, 17 FCC Rcd at 6825.
    However, this amendment was inadvertently omitted from the Federal
    Register summary. *See* 68 Fed. Reg. 46973 (Aug. 7, 2003) (assigning
    two paragraph numbers to a single amendatory instruction regarding
    the revision of Section 80.851 while omitting any amendatory
    instruction for retitling Subpart R). We seek to correct that
    omission by again amending the title of Subpart R here.

[^115]: *See* 47 C.F.R. § 80.225(a).

[^116]: *See Second Further Notice*, 19 FCC Rcd at 3160-61 ¶ 79.

[^117]: *See* 47 C.F.R. § 80.225(a).

[^118]: *See Second Further Notice*, 19 FCC Rcd at 3160-61 ¶ 79.

[^119]: *Id*.

[^120]: *See* USCG Comments at 1; Task Force Comments at 1-2.

[^121]: *See* RTCM Comments at 3. In order to arrive at a low-cost
    design, a number of performance compromises were made, perhaps most
    significantly the requirement for only one receiver. This means that
    an SC101 radio will not receive a distress call if the receiver is
    in use for another call. *Id*. In addition, the SC101 standard does
    not require a protected distress button, which serves as a safeguard
    against false distress alerts, but the IEC standard does. *See* La
    Varre Comments at 1. In addition, SC101 requires the capability of
    an all-ships routine call (which is not permitted under the ITU
    standard), fails to incorporate performance parameters to address
    environmental or electromagnetic compatibility issues, and, as noted
    earlier, does not require a second receiver for monitoring the DSC
    distress frequency, as a consequence of which important DSC calls
    may be missed when the receiver squelch is held open by a
    transmission or carrier. *Id*.

[^122]: *See* RTCM Comments at 3.

[^123]: *See* USCG Comments at 1.

[^124]: *See* RTCM Comments at 3.

[^125]: *See* La Varre Comments at 1. La Varre also observes that the
    European Union has already adopted this new Class D VHF-DSC
    standard, and offers this as yet another reason for the United
    States to do the same. He explains, "In today's global economy,
    maintaining a regional standard just increases the cost to the
    manufacturers, and these costs are in turn passed on to the
    recreational boating community." *Id*.

[^126]: Although NPMRC appears to advocate an indefinite exemption of
    voluntary vessels from the new DSC standards in its initial
    comments, it discusses only grandfathering provisions in its reply
    comments. *Compare* NPMRC Comments at 1 with NPMRC Reply Comments
    at 1. In addition, NPMRC's initial comments center on its request
    that the Commission require that DSC radios be designed so that the
    DSC function can be disabled, because "VHF radios which function as
    non-DSC radios are needed for ... critical safety, navigation and
    operational communications." *See* NPMRC Comments at 1-3. The
    *Second Further Notice* did not request comment on the need to
    require DSC capability in VHF equipment, but only on the appropriate
    DSC standard. The underlying requirement for DSC capability was
    established in 1997. See Amendment of the Commission's Rules
    Concerning Maritime Communications, *Second Report and Order and
    Second Further Notice of Proposed Rule Making*, PR Docket No.
    92-257, 12 FCC Rcd 16949, 16968 ¶ 32 (1997) (*Second Report and
    Order in PR Docket No. 92-257*). We accordingly view NPMRC's
    comments in this regard as a collateral challenge to the *Second
    Report and Order in PR Docket No. 92-257* that is beyond the scope
    of the instant proceeding. Further, although PVA's comments could be
    read to request a permanent exemption from the new DSC standards for
    small passenger vessels that are not required to carry EPIRBs under
    Coast Guard regulations, it does not offer any explanation or
    substantiation of why such an exemption is warranted. *See* PVA
    Comments at 3. In any event, it is unclear that PVA in fact proposes
    such a permanent exemption because it appears inconsistent with
    PVA's statement that, "\[o\]ver time, as new vessels replace/upgrade
    their DSC, the non-EPIRB-carrying fleet will come up to snuff."
    *Id*.

[^127]: *See* RTCM Comments at 2. A longer transition period is
    warranted for handheld equipment because of the greater design
    challenges involved in incorporating additional safety features in
    units of smaller size.

[^128]: *See* RTCM Comments at 2 (recommending a ninety-day transition);
    USCG Reply Comments at 1 (supporting the comments of RTCM).

[^129]: *See* La Varre Comments at 1.

[^130]: *See* NPMRC Reply Comments at 1.

[^131]: *See* RTCM Comments at 2; *see also* USCG Reply Comments at 1.
    NPMRC recommends, in lieu of a three-year grandfathering period,
    that the manufacture, sale and installation of non-handheld SC101
    equipment be permitted until one year after the Coast Guard
    establishes Sea Area A1. *See* NPMRC Reply Comments at 1. Although
    there is some merit to this recommendation, we believe that using
    the effective date of the amendments as the triggering event
    provides regulated entities with a greater certainty regarding the
    compliance deadline than would reliance on the establishment of Sea
    Area A1.

[^132]: *See* RTCM Comments at 2-3.

[^133]: *See* *id*. at 3. Accordingly, such equipment may be used until
    the end of its useful life.

[^134]: *See* 47 C.F.R. § 80.905.

[^135]: *See* *Second Report and Order*, 19 FCC Rcd at 3140 ¶ 38.

[^136]: *See Second Further Notice*, 19 FCC Rcd at 3161 ¶ 80.

[^137]: *Id*.

[^138]: *Id*.

[^139]: *See* Task Force Comments at 2; RTCM Comments at 5; Inmarsat
    Reply Comments at 1-2.

[^140]: *See Second Further Notice*, 19 FCC Rcd at 3161 ¶ 80.

[^141]: *See* Inmarsat Reply Comments at 1.

[^142]: *Id*. Relatedly, we adopt RTCM's recommendations to reference
    INMARSAT M and Fleet F77 earth stations, as well as INMARSAT A, B
    and C earth stations in Section 80.310 of the Commission's Rules, 47
    C.F.R. § 80.310, and to add IEC 61097-13 to Section 80.1101, 47
    C.F.R. § 80.1101, as the applicable standard for the INMARSAT Fleet
    F77. *See* RTCM Comments at 5.

[^143]: *See* Task Force Comments at 2; RTCM Comments at 5.

[^144]: *See* USCG Comments at 2; RTCM Comments at 5.

[^145]: *See* USCG Comments at 2; *see also* Implementation of 911 Act,
    *Fifth Report and Order, Memorandum Opinion and Order and Order on
    Reconsideration*, WT Docket No. 00-110, 16 FCC Rcd 22264, 22287 ¶ 59
    (2001) (encouraging ship stations to use 911 "would lead to
    confusion among users of the specialized maritime radio service\[,
    who\] already have a well-established emergency response system in
    place").

[^146]: *See* 47 C.F.R. § 80.917. Section 80.917, by its terms, does not
    apply to any vessel the keel of which was laid on or before March 1,
    1957. *See* *id*. § 80.917(a).

[^147]: *See* Letter, dated July 3, 2002, from Marion C. Blakey,
    Chairman, NTSB, to Michael K. Powell, Chairman, FCC (*NTSB
    Recommendation*).

[^148]: *Id*. The fire broke out when the *Port Imperial Manhattan* was
    carrying eleven persons on an evening commuter run from Manhattan to
    Weehawken, New Jersey. The vessel's radio became inoperative when
    the fire burned through the electrical cables to the pilothouse. The
    *Port Imperial Manhattan* was not outfitted with an emergency backup
    source of power, and was not required to have such reserve power
    under the Commission's rules because it weighs less than one hundred
    gross tons. Although passengers and crew were ultimately rescued
    without loss of life, the NTSB concluded that the vessel's inability
    to contact search and rescue personnel through VHF radiotelephone
    communication unnecessarily increased the risk to passengers and
    crew. *Id*. at 2.

[^149]: *See Second Further Notice*, 19 FCC Rcd at 3162 ¶ 82.

[^150]: *Id*.

[^151]: *See* USCG Comments at 2; USCG Reply Comments at 3; Task Force
    Comments at 2-3; RTCM Comments at 5-6; PVA Comments at 2-3.

[^152]: *See* *NTSB Recommendation* at 1; RTCM Comments at 5.

[^153]: RTCM says it considered the possibility that waterproof handheld
    radios, such as a survival craft portable radio, could provide an
    adequate alternative to a reserve power supply, but that limitations
    in power and battery capacity counsel against reliance on handheld
    radios for this purpose. *See* RTCM Comments at 6.

[^154]: *See* Task Force Comments at 2 (simply asserting that "\[t\]he
    cost of providing reserve power is considered acceptable in view of
    the safety benefit"); RTCM Comments at 6 (simply asserting that a
    reserve power supply requirement "can be met economically...").

[^155]: *See* Letter dated June 22, 2004, from Melissa Moskal, Director
    of Government Affairs, National Marine Charter Association, to FCC.

[^156]: *Id*.

[^157]: *Id*. NMCA adds that it is initiating a self-accreditation
    program, the Accredited Vessel Inspection Program, which gives
    charter boat operators an incentive to install safety devices such
    as reserve power supplies, and that the Commission should rely on
    this self-regulatory measure, rather than a regulatory mandate, to
    foster installation of reserve power supplies on charter vessels.
    *Id*.

[^158]: *See* Task Force Comments at 2; RTCM Comments at 5-6.

[^159]: *See* PVA Comments at 1-2.

[^160]: This is the class of vessels subject to Subchapter K of the
    Coast Guard regulations, 46 C.F.R. §§ 114.100-122.910.

[^161]: This is the class of vessels subject to Subchapter T of the
    Coast Guard regulations, 46 C.F.R. §§ 175.100-185.910.

[^162]: *See* Navigation and Vessel Inspection Circular No. 3-99,
    "Global Maritime Distress and Safety System (GMDSS) and Emergency
    Position Indicating Radiobeacon (EPIRB) Equipment Requirements for
    Commercial Vessels," Table 3, note 9 (1999) (NVIC 3-99).

[^163]: NMCA noted in its *ex parte* presentation that many of its
    members already carry a back-up source of communications: a cellular
    or other commercial mobile radio telephone. While we do not believe
    a cellular telephone provides the same margin of safety as a reserve
    power supply, we note that Coast Guard regulations permit the use of
    a cellular telephone as an acceptable alternative to other maritime
    communications equipment in certain circumstances. *See* 46 C.F.R. §
    28.245(d).

[^164]: *See* PVA Comments at 3.

[^165]: *See* USCG Reply Comments at 3.

[^166]: We note, in addition, that if this amendment of Section 80.917
    had been in effect at the time, the reserve power supply requirement
    would have applied to the *Port Imperial Manhattan* because it has a
    409-person capacity. *See* license for Ship Station WBP3384.

[^167]: *See* USCG Reply Comments at 3.

[^168]: *See* para. 71, *infra*.

[^169]: *See Second Further Notice*, 19 FCC Rcd at 3162 ¶ 83. This
    proposal was first made by Richard H. Weil in a petition for
    rulemaking filed on November 22, 1999. Richard H. Weil Petition for
    Rulemaking, RM-10647, filed Nov. 22, 1999 (*Weil Petition*). The
    *Weil Petition* argued*, inter alia*, that it is arbitrary to
    provide five-year terms for these authorizations when General
    Radiotelephone Operator Licenses, Restricted Radiotelephone Operator
    Permits, and Restricted Radiotelephone Operator Permits-Limited Use
    have lifetime terms. *Id*.; *see* 47 C.F.R. § 13.15(b).

[^170]: *See Second Further Notice*, 19 FCC Rcd at 3162 ¶ 83.

[^171]: *See* 47 C.F.R. § 13.215.

[^172]: *See Second Further Notice*, 19 FCC Rcd at 3163 ¶ 84.

[^173]: *Id*.

[^174]: *See* 47 C.F.R. § 13.203(a).

[^175]: *See Second Further Notice*, 19 FCC Rcd at 3163 ¶ 84.

[^176]: The Restricted GMDSS Radio Operator's License did not exist when
    the *Weil Petition* was filed. We determine here to extend the
    license term of the Restricted GMDSS Radio Operator's License,
    notwithstanding that such an extension was not proposed in the *Weil
    Petition*, because it is consistent with our rationale for extending
    the terms of the other licenses discussed herein. In particular, we
    discern no policy basis for providing a license term for the
    Restricted GMDSS Radio Operator's License that differs from the
    license term for the GMDSS Radio Operator's License.

[^177]: No party opposes this extension of the license terms to the
    lifetime of the holder. *See* USCG Comments at 3; Task Force
    Comments at 3; RTCM Comments at 6; NPMRC Comments at 2. The Task
    Force says it supports lifetime license terms "reluctantly" and
    would "likely support" a license renewal requirement if renewal
    applicants were required to demonstrate their continued
    qualifications. *See* Task Force Comments at 3. The Coast Guard says
    it has no objection to the lifetime license term, "provided the
    Commission can ensure that license holders' GMDSS competency is
    maintained." *See* USCG Comments at 3. Inasmuch as the current
    license renewal requirement does not involve an assessment of
    licensee competency, removing the renewal requirement should not
    have any significant effect on overall licensee competency.

[^178]: The following commercial radio operator licenses and permits
    already have lifetime terms: General Radiotelephone Operator
    Licenses, Restricted Radiotelephone Operator Permits, and Restricted
    Radiotelephone Operator Permits-Limited Use. *See* 47 C.F.R. §
    13.15(b).

[^179]: The Task Force, the only commenter addressing this precise
    issue, agrees that the lifetime term should apply to existing
    license and permit holders. *See* Task Force Comments at 3. We
    emphasize that the lifetime term will apply to both active licenses
    and new licenses *as of the effective date of these rule
    amendments*, which will not occur until sixty days after they are
    published in the Federal Register. We caution existing holders of
    GMDSS Radio Operator's Licenses, Restricted GMDSS Radio Operator's
    Licenses, GMDSS Radio Maintainer's Licenses, GMDSS
    Operator/Maintainer Licenses, and Marine Radio Operator Permits that
    *they remain subject to the existing renewal requirements until the
    new rules take effect*. Any license with an expiration date prior to
    the effective date of this rule change must be renewed no later than
    the end of the five-year grace period to avoid the need to apply for
    a new license and retake the examination. *See* 47 C.F.R. §
    13.13(b).

[^180]: *See* RTCM Comments at 7; NPMRC Comments at 2; *see also* Task
    Force Comments at 3.

[^181]: For example, the system should have two activation points known
    only to the user, the system shall operate on a radio system that
    does not require adjustments such as tuning the radio and shall not
    cause an alarm to be raised on board, and the system shall include a
    unique identifier indicating that the alert has not been generated
    as a GMDSS alert. The Resolution did not recommend technical
    performance standards for the SSAS, but recommended that it may use
    existing radio installations that are compliant with chapter IV of
    the SOLAS Convention, other general communications radio systems, or
    a dedicated radio system.

[^182]: *See Second Further Notice*, 19 FCC Rcd at 3164 ¶ 85.

[^183]: *Id*.

[^184]: *See* USCG Comments at 3; RTCM Comments at 7-9; Task Force
    Comments at 3-4; Inmarsat Reply Comments at 3.

[^185]: *Id*. at 7.

[^186]: *See id*.; USCG Comments at 3; Task Force Comments at 3.

[^187]: Specifically, we add a new Section 80.277 to authorize SSAS
    using COSPAS-SARSAT or INMARSAT D+ equipment.

[^188]: *See* USCG Comments at 3; RTCM Comments at 8; Task Force
    Comments at 3-4; Inmarsat Reply Comments at 3.

[^189]: *See* RTCM Comments at 7-8.

[^190]: *See* Inmarsat Reply Comments at 3.

[^191]: It would be especially inappropriate to adopt SSAS rules of
    general applicability given the IMO's determination that SSAS
    procedures "ideally should be individual to the ship." *See* IMO
    MSC/Circ. 1072, *Guidance on Provision of Ship Security Alert
    Systems* at Annex ¶ 2 (June 26, 2003).

[^192]: *See Second Further Notice*, 19 FCC Rcd at 3164 ¶ 86.

[^193]: *Id*.

[^194]: 47 C.F.R. § 80.373(g).

[^195]: *See* *Second Further Notice*, 19 FCC Rcd at 3164 ¶ 86 (citing
    47 C.F.R. § 2.106 n.5.287).

[^196]: Specifically, we make the following changes to our rules: (a)
    replace references to ITU-R Recommendations M.493-10 and M.541-8
    with the revised versions, M.493-11 and M.541-9, both in Section
    80.225, as discussed in para. 27, *supra,* and in the other Part 80
    rules referencing these standards, *see* 47 C.F.R. §§ 80.5,
    80.103(a), (c), (e), 80.179(e), 80.359(b), 80.1101(c), 80.1117(a);
    (b) replace references to CCIR Recommendations 625 and 476 with
    references to ITU-R Recommendations M.625 and M.476, *see* 47 C.F.R.
    § 80.207(d) n.14; (c) update the radar standards referenced in
    Section 80.273, 47 C.F.R. § 80.273, by incorporating by reference
    IMO Resolution MSC.64(67) Annex 4 and ITU-R M.1177-3; (d) update the
    reference in Section 80.1085(a)(6)(iii) from IMO Circular MSC/Circ.
    882 to IMO Circular MSC/Circ. 1040 (28 May 2002), *see* 47 C.F.R. §
    80.1085(a)(6)(iii); (e) change the standards referenced in Section
    80.1101(b)(4)-(5) to IEC 60092-101 and IEC 60533, respectively,
    *see* 47 C.F.R. § 80.1101(b)(4)-(5); (f) update the standard
    referenced in Section 80.1101(c)(5)(iii) from ITU-R Recommendation
    M.633-2 to ITU-R Recommendation M.633-3, *see* 47 C.F.R. §
    80.1101(c)(5)(iii); (g) correct the reference in Section
    80.1101(c)(7) to IMO Resolution A.762(18), *see* 47 C.F.R. §
    80.1101(c)(7); (h) update the references to the IEC standards in
    Section 80.1101(c)(11) to reflect that all of them are part of the
    IEC 61097 series, *see* 47 C.F.R. § 80.1101(c)(11)(ii)-(v), (ix);
    and (i) update the information on acquiring standards from the
    American National Standards Institute, *see* 47 C.F.R. §
    80.1101(d)(3)-(4). In addition, in the *Third Further Notice*, at
    para. 74, *infra*, we request comment on adding IEC 60936 and IEC
    62252 to the radar standards contained in Section 80.273, 47 C.F.R.
    § 80.273, as urged by RTCM. *See* RTCM Comments at 12-14.

[^197]: *See* RTCM Comments at 19.

[^198]: NPMRC opposes narrowbanding these frequencies "as it would
    create serious interoperability problems between existing ship and
    coast stations and narrowband equipment." *See* NPMRC Comments at 2.
    We are not persuaded that the interoperability concerns cited by
    NPMRC outweigh the desirability of conforming the United States
    frequency plan with that of the ITU, particularly since ship
    stations are not permitted to use these on-board frequencies to
    communicate with coast stations. *See* 47 C.F.R. § 80.373(g); *see
    also* 47 C.F.R. § 80.5 (defining an on-board communication station
    as "intended for use for internal communications on board a ship, or
    between a ship and its lifeboats and liferafts during lifeboat
    drills or operations, or for communication within a group of vessels
    being towed or pushed, as well as for line handling and mooring
    instructions"). As amended, moreover, Section 80.373(g) does not
    mandate the narrowbanding of on-board frequencies, but merely
    authorizes it on a permissive basis. Nothing in the amended rule
    would preclude vessels from continuing to use 25 kHz on-board
    channels.

[^199]: Globe Wireless, Comments on: 476 \[sic\] CFR Chapter 1 --
    Possible Revision or Elimination of Rules (filed Nov. 8, 2002)
    (Globe Wireless Comments).

[^200]: *See* *Second Further Notice*, 19 FCC Rcd at 3164 ¶ 87.

[^201]: *See id*. at 3165 ¶ 88.

[^202]: Certain of Globe Wireless' requests are moot because they
    already have been addressed in this proceeding. Globe Wireless
    requests, and RTCM agrees, that Section 80.141(c)(1)-(2) of the
    rules, 47 C.F.R. § 80.141(c)(1)-(2), should be deleted as obsolete.
    *See* Globe Wireless Comments at 1; RTCM Comments at 17. That
    amendment was adopted in the *Report and Order*. *See Report and
    Order*, 17 FCC Rcd at 6803, Appendix B. Globe Wireless requests
    deletion of the frequencies 410 kHz and 500 kHz from the list of
    radiodetermination carrier frequencies in Section 80.375(a) of the
    rules, 47 C.F.R. § 80.375(a). *See* Globe Wireless Comments at 3.
    That change also occurred in the *Report and Order*. *See Report and
    Order*, 17 FCC Rcd at 6770 ¶ 75. Finally, Globe Wireless requests
    that Section 80.802 of the rules, 47 C.F.R. § 80.802, be eliminated
    and that Section 80.836, 47 C.F.R.\
    § 80.836, be modified to reflect that elimination of Section 80.802.
    *See* Globe Wireless Comments at 3. Sections 80.802 and 80.836 were
    both removed in their entirety in the *Report and Order*. *See
    Report and Order*, 17 FCC Rcd at 6824, Appendix B.

[^203]: *See* 47 C.F.R. § 80.203(b)(3).

[^204]: *See* Globe Wireless Comments at 1.

[^205]: *See* MariTEL Reply Comments at 3-4.

[^206]: Although RTCM argues that Section 80.203(b)(3) should be
    retained, it does not challenge the assertions of Globe Wireless and
    MariTEL, and does not explain why it is opposed to remote control
    programming of marine transmitters. *See* RTCM Comments at 18.

[^207]: No party has suggested that the licensing requirement for manual
    programming be changed.

[^208]: *See* 47 C.F.R. § 80.207(d).

[^209]: *See* Globe Wireless Comments at 2; MariTEL Comments at 3-4;
    MariTEL Reply Comments at 2-3. Globe Wireless and MariTEL both favor
    continuing to designate specific emission classes for distress
    frequencies.

[^210]: *See* Globe Wireless Comments at 2; MariTEL Comments at 3-4;
    MariTEL Reply Comments at 2-3.

[^211]: See MariTEL Comments at 3 (asserting that "any attempt to change
    Section 80.207(d) today to reflect current technology and services
    will only result in an amended Section 80.207(d) becoming obsolete
    in the future."); *see also* MariTEL Reply Comments at 2.

[^212]: *See ITU Radio Regulations*, Edition of 2004, Article 52,
    "Special rules relating to the use of frequencies" (setting forth
    emission designators for internationally recognized maritime
    channels).

[^213]: *See* USCG Reply Comments at 2.

[^214]: *Id*.

[^215]: We also decline, without prejudice, various requests to add
    specific emission designators to Section 80.207(d). Globe Wireless
    recommends that, if the Commission continues to list permissible
    emission designators one-by-one, it should at least add the
    designators 2K80J2D, 2K80F1B, and 2K80F7B, but Globe Wireless
    provides no explanation to support such an amendment. We therefore
    take no action on this recommendation. *See* Globe Wireless Comments
    at 2. RTCM recommends that the Commission amend Section 80.207(d) to
    permit "(a) data operation over the AIS frequencies 161.975 and
    162.025 MHz; and (b) data operation over voice channels not used for
    safety or safety-related operation or otherwise excluded, on a
    non-interference basis to voice, provided that i) carrier sense
    circuitry be employed to prevent data transmissions on a channel
    while being used for voice communications within one minute of a
    voice transmission, ii) transmission duration should not exceed one
    second, and iii) carrier sense circuitry monitor the channel every
    second." *See* RTCM Comments at 18; *see also* MariTEL Comments at 3
    (noting that the Commission has permitted the use of transmitters
    for AIS operations that are not contemplated by Section 80.207(d)).
    We view the proposal regarding AIS data operation on the frequencies
    161.975 MHz and 162.025 MHz as premature, given that the Commission
    has not yet designated those channels for AIS, and will address that
    precise issue and other relevant AIS technical questions in the *AIS
    Rulemaking Proceeding.* We similarly reject without prejudice RTCM's
    second recommendation because RTCM does not offer any analysis of
    the technical and operational implications of introducing carrier
    sense circuitry into the marine radio environment for the purpose of
    permitting data transmissions on voice channels*. See also* MariTEL
    Reply Comments at 2-3 (contending that it would be premature to
    authorize the recommended operations at this stage in the
    development of technical parameters and regulations for cognitive
    radio technology).

[^216]: *See* Globe Wireless Comments at 2.

[^217]: *See* 47 C.F.R. §§ 80.355, 80.357.

[^218]: *See* RTCM Comments at 18.

[^219]: *See Report and Order*, 17 FCC Rcd at 6760-61 ¶ 45.

[^220]: *Id*. (stating that the Commission "will take a conservative
    approach and retain these frequencies with the recognition that this
    provision may be ripe for review and elimination in conjunction with
    the next biennial regulatory review").

[^221]: In fact, the Commission has recently authorized a new station
    specifically intended for Morse radiotelegraphy operations. *See*
    License for Station KSM, granted March 5, 2005, to Maritime Radio
    Historical Society, Inc.

[^222]: *See* 47 C.F.R. §§ 80.357(b)(1), 80.363(a)(2).

[^223]: 47 C.F.R. §§ 80.363, 80.371. Globe Wireless also comments with
    respect to the private coast station frequencies set forth in
    Section 80.373 of the Rules, 47 C.F.R. § 80.373, that "\[t\]he
    demand for these frequencies should be re-evaluated." Globe Wireless
    Comments at 3. Globe Wireless does not explain why or how the demand
    for these frequencies should be reassessed, or what action, if any,
    the Commission should take if it concludes (as Globe Wireless
    presumably thinks it may) that there is little demand for spectrum
    for private communications. We do not believe that requests or
    suggestions of such vagueness are sufficient predicates for
    Commission action.

[^224]: *See* Globe Wireless Comments at 2. Globe Wireless also suggests
    that the reference to a 3 kHz bandwidth in Section 80.363(a)(2), 47
    C.F.R. § 80.363(a)(2), be eliminated as "irrelevant" because many
    different bandwidths are used in these bands, especially by military
    operations. *See* Globe Wireless Comments at 3.

[^225]: *See* 47 C.F.R. § 80.371(a).

[^226]: *See* 47 C.F.R. § 80.371(b)(1).

[^227]: *See* Globe Wireless Comments at 3. Although Globe Wireless says
    Appendix 25 "is no longer relevant," *id*., it remains that Appendix
    25 is still in effect. For this reason, the Commission rejected a
    similar proposal in 2002. *See* Amendment of the Commission's Rules
    Concerning Maritime Communications, *Second Memorandum Opinion and
    Order and Fifth Report and Order*, PR Docket No. 92-257, 17 FCC Rcd
    6685, 6712-13 ¶ 62 (2002). Globe Wireless has not set forth any
    changed circumstances warranting reconsideration of this approach.

[^228]: *See* para. 72, *infra*. We also invite comment in the *Third
    Further Notice* on whether to permit the transmission of data over
    maritime VHF voice channels. *Id*.

[^229]: *See Second Further Notice,* 19 FCC Rcd at 3165 ¶ 88.

[^230]: *See* 47 C.F.R. § 80.207(d), n.5.

[^231]: *See Second Further Notice*, 19 FCC Rcd at 3165 ¶ 88.

[^232]: *See* 47 C.F.R. §§ 80.207(d), 80.313.

[^233]: *See* 47 C.F.R. § 2.106 n.US299 (providing that "\[t\]he
    1615-1705 kHz band in Alaska is also allocated to the maritime
    mobile services and the Alaska fixed service on a secondary basis to
    Region 2 broadcast operations.").

[^234]: *See Second Further Notice*, 19 FCC Rcd at 3165 ¶ 88.

[^235]: *Id*. The Commission noted that it had recently proposed to
    remove the unused radionavigation allocation of the 14.00-14.05 GHz
    band from the Part 87 rules governing the Aviation Radio Service,
    and tentatively concluded that it should make that same change to
    the Part 80 rules. *See* Review of Part 87 of the Commission's Rules
    Concerning the Aviation Radio Service, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 01-289, 18 FCC Rcd
    21432 ¶ 85 (2003) (proposing to remove the reference to the
    14000-14400 MHz band in 47 C.F.R. § 87.187(x) and to also remove
    from the Table of Frequency Allocations, 47 C.F.R. § 2.106, the
    allocation for radionavigation in the 14000-14200 MHz band).

[^236]: *See* RTCM Comments at 18-19.

[^237]: That is, we delete note 5 to Section 80.207(d) as obsolete
    because it grandfathers transmitters that are no longer in use;
    amend Sections 80.207(d) and 80.313 by replacing references to the
    1605-27500 kHz band with references to the 1615-27500 kHz band,
    because maritime mobile operations are not permitted on the AM
    expanded band frequencies below 1615 kHz; and remove the ship
    radiodetermination designation of the 14.00-14.05 GHz band from
    Section 80.207(d) in light of the absence of any current or
    anticipated radionavigation use of the band.

[^238]: Some of these problems, and proposed remedial amendments, were
    brought to the Commission's attention by parties filing comments in
    a separate proceeding to review certain Commission rules pursuant to
    the Regulatory Flexibility Act. *See* FCC Seeks Comment Regarding
    Possible Revision or Elimination of Rules Under the Regulatory
    Flexibility Act, 5 U.S.C. § 610, *Public Notice*, 17 FCC Rcd 16562
    (2002), *corrected by erratum*, 17 FCC Rcd 16797 (2002). The statute
    requires federal agencies to undertake a periodic review of rules
    "which have or will have a significant economic impact upon a
    substantial number of small entities." *See* 5 U.S.C. § 610(a).

[^239]: In addition to the revisions discussed below, we take this
    opportunity to correct minor typographical errors in Sections
    80.207(d), 80.371(a), 80.373(a)(1), 80.373(g), and 80.1125(j)(6), 47
    C.F.R. §§ 80.207(d), 80.371(a), 80.373(a)(1), 80.373(g),
    80.1125(j)(6), and to change any remaining references to 406.025 MHz
    EPIRBs to 406.0-406.1 MHz EPIRBs. *See* *Report and Order*, 17 FCC
    Rcd at 6774 ¶ 85 (concluding that the EPIRBs in question are more
    accurately referred to as 406.0-406.1 MHz EPIRBs in light of their
    ability to operate on multiple frequencies within that band). The
    remaining references to 406.025 MHz EPIRBs are in Sections
    80.203(h), 80.207(d), 80.211(e), and 80.1061(e) of the Commission's
    Rules, 47 C.F.R. §§ 80.203(h), 80.207(d), 80.211(e), 80.1061(e). We
    also amend Section 80.905 of the Rules, 47 C.F.R. § 80.905, to
    clarify, in keeping with the clear intent of the *Second Report and
    Order*, 19 FCC Rcd at 3138 ¶ 33 & n.133, that the DSC equipment that
    small passenger vessels will have to carry one year after the Coast
    Guard establishes shore-based coverage of Sea Areas A1 and A2 must
    meet the standards generally applicable to such equipment, as
    incorporated by reference in Section 80.1101(c)(2)-(4), 47 C.F.R. §
    80.1101(c)(2)-(4). Finally, we amend Section 13.7(b) of the
    Commission's Rules, 47 C.F.R. § 13.7(b), to correct a previous
    oversight by adding the GMDSS Radio Operator/Maintainer License to
    the list of commercial radio operator licenses.

[^240]: *See* 47 C.F.R. § 80.15(d).

[^241]: *See* 47 U.S.C. § 305(b) (1995).

[^242]: *See* Pub. L. 104-104, 110 Stat. 56, § 403(h)(1).

[^243]: *See* Pub. L. 108-136, 117 Stat. 1392 (2003).

[^244]: *Id*. at § 3531; 46 U.S.C. § 53102(a). All of the relevant
    statutory provisions discussed here were adopted in Section 3531 of
    the statute, and have been codified in Title 46 of the United States
    Code. For convenience, we will cite only to the codified provisions
    in the remainder of this discussion.

[^245]: *See* 46 U.S.C. § 53102(a). Documentation and redocumentation
    refer to the process by which the Coast Guard issues Certificates of
    Documentation to vessels as evidence of the vessel's nationality and
    verification of the chain of title. The Coast Guard assigns official
    numbers to documented vessels. *See* 46 C.F.R. § 67.111.

[^246]: *See* 46 U.S.C. § 53103(a).

[^247]: *See* 46 U.S.C. § 53107.

[^248]: *See* 46 U.S.C. § 53108(c). Section 53108(c) states in full:

    > \(c\) TELECOMMUNICATIONS EQUIPMENT. -- The telecommunications and
    > other electronic equipment on an existing vessel that is
    > redocumented under the laws of the United States for operation
    > under an operating agreement under this chapter shall be deemed to
    > satisfy all Federal Communications Commission equipment
    > certification requirements, if --
    >
    > \(1\) such equipment complies with all applicable international
    > agreements and associated guidelines as determined by the country
    > in which the vessel was documented immediately before becoming
    > documented under the laws of the United States;
    >
    > \(2\) that country has not been identified by the Secretary as
    > inadequately enforcing international regulations as to that
    > vessel; and
    >
    > \(3\) at the end of its useful life, such equipment will be
    > replaced with equipment that meets Federal Communications
    > Commission equipment certification standards.

[^249]: *See* 47 C.F.R. § 80.43.

[^250]: *See* 47 C.F.R. § 80.51.

[^251]: *See* 47 C.F.R. § 80.57; Exchange of Notes Between the
    Government of the United States of America and the Government of
    Canada Concerning the Coordination and Use of Radio Frequencies
    Above 30 Megacycles per Second, Attachments A through F (Oct. 24,
    1962).

[^252]: *See* 47 C.F.R. § 80.57(d)(5). The U.S. public coast stations
    listed in the rule are Stations KOH627, Tacoma, Washington, KOH630,
    Seattle, Washington, and WXY956, Camano, Washington.

[^253]: *See* 47 C.F.R. § 80.203(g).

[^254]: *Id*.

[^255]: Notified bodies are European Union government-designated
    laboratories and testing organizations that are authorized to make
    determinations as to whether products comply with specified safety
    standards, a process termed conformity assessment.

[^256]: *See* 47 C.F.R. § 80.1103(c). Section 80.1103(c) currently
    specifies that applicants for authorization of GMDSS equipment must
    submit, *inter alia*, "a copy of the INMARSAT type approval
    certification indicating that equipment meets GMDSS standards...."
    To reflect that INMARSAT does not itself issue such certifications,
    we simply remove the modifier "INMARSAT" from the sentence.

[^257]: *See* ITU Resolution 352 (WRC-03).

[^258]: *See* ITU *Radio Regulations,* Edition of 2004*,* § 52.221A.

[^259]: *See* 47 C.F.R. § 80.373(c). The frequency 12359 kHz is widely
    authorized as a common working frequency for private coast stations.

[^260]: *See* 47 C.F.R. § 80.371(b)(2).

[^261]: *See* 47 C.F.R. § 80.385(d).

[^262]: *See* 47 C.F.R. § 80.371(c)(1).

[^263]: *See Second Report and Order*, 19 FCC Rcd at 3133-34 ¶ 25.

[^264]: *See* 47 C.F.R. § 80.373(f).

[^265]: *See* 47 C.F.R. § 80.871(d).

[^266]: *See* 47 C.F.R. § 80.933.

[^267]: *Compare* 47 C.F.R. § 80.905 *with* 47 C.F.R. § 80.933(c).

[^268]: *See* 47 C.F.R. § 80.933(d).

[^269]: *See* para. 5, *supra*.

[^270]: *See* 47 C.F.R. § 80.1065.

[^271]: Specifically, we delete Section 80.1065(a) and delete all
    paragraphs in Section 80.1065(b) other than the introductory
    paragraph.

[^272]: We remind fishing vessel operators that the exemption is
    available only for vessels that remain within the specified
    communications ranges, and that vessels that, for example, travel in
    Sea Area A3, outside such range and generally more than one hundred
    nautical miles from shore, are not permitted to avail themselves of
    the exemption. Such vessels, therefore, must be fitted with the full
    complement of required GMDSS equipment in the absence of an
    individual exemption.

[^273]: *See* 47 C.F.R. § 80.1071(c); *see also* Waiver of Certain
    Global Maritime Distress and Safety System (GMDSS) Rules Applicable
    to Fishing Vessels and Small Passenger Vessels, *Order*, 14 FCC Rcd
    528, 534 ¶ 11 (1998); *Report and Order*, 17 FCC Rcd at 6748 ¶ 10
    n.26 (emphasizing that this exemption relieves the subject fishing
    vessels only of the requirements to carry VHF-DSC and MF-DSC
    equipment and does not relieve them of any other applicable GMDSS
    requirements concerning, for example, reserve power, VHF handheld
    radios, MF/HF radiotelephone, INMARSAT-C equipment, and satellite or
    HF-DSC equipment).

[^274]: *See* 47 C.F.R. § 80.1071(c)(1)(i)-(ii).

[^275]: *See* 47 C.F.R. § 80.1101(c)(2)-(4).

[^276]: *See* 47 C.F.R. § 80.1073(a).

[^277]: Sections 13.2 and 13.21 were removed when Part 13 was
    reorganized in its entirety in 1993. *See* Amendment of Part 13 of
    the Commission's Rules to Privatize the Administration of
    Examinations for Commercial Operator Licenses and to Clarify Certain
    Rules, *Report and Order*, FO Docket No. 92-206, 8 FCC Rcd 1046
    (1993).

[^278]: *See* 47 C.F.R. §§ 13.7, 13.203.

[^279]: *See* 47 C.F.R. § 80.1095.

[^280]: *See* 47 C.F.R. § 80.1095(a). The grandfathering protection
    extended to two-way VHF radiotelephone equipment that was "provided
    on board ships" prior to February 1, 1992, provided that such
    equipment was compatible with equipment compliant with the GMDSS
    requirements.

[^281]: *See* Amendment of Parts 2, 15, 18 and Other Parts of the
    Commission's Rules to Simplify and Streamline the Equipment
    Authorization Process for Radio Frequency Equipment, *Report and
    Order*, ET Docket No. 97-94, 13 FCC Rcd 11415, 11419-20 ¶ 10 (1998).

[^282]: Specifically, we amend 47 C.F.R. §§ 80.123(d), 80.203(n),
    80.271(e), 80.1083(d). Other references to type acceptance, such as
    that in 47 C.F.R. § 80.123(a), are not changed because the context
    makes clear that the reference is to an equipment approval process
    used years ago.

[^283]: *See Second Report and Order*, 19 FCC Rcd at 3137-38 ¶¶ 30-31.
    EPIRBs are small, battery powered transmitters carried on ships for
    the purpose of sending a distress signal in an emergency. The
    requirements for INMARSAT-E EPIRBs currently are set forth in
    Section 80.1063 of the Commission's Rules, 47 C.F.R. § 80.1063.

[^284]: *See* para. 68, *infra*.

[^285]: Since this note is for purely informational purposes, and does
    not change the rule or modify any substantive requirement, there is
    no impediment to adding the note immediately, without further public
    notice or comment. *See* 5 U.S.C. § 553. Relatedly, we also make a
    nonsubstantive change to Section 80.1051 of the Commission's Rules,
    47 C.F.R. § 80.1051, so that the rule simply states that subpart V
    of Part 80 "describes the technical and performance requirements for
    EPIRB stations," instead of listing the particular classes of EPIRB
    stations covered by subpart V. Among other things, this will obviate
    the need to amend the rule in the future every time a new class of
    EPIRB is authorized or is removed from subpart V.

[^286]: *See* IMO MSC 79/22/7, "GMDSS -- Future viability of the L-band
    EPIRB system" (Sept. 16, 2004). Inmarsat indicated that after almost
    eight years of one hundred percent operational availability, fewer
    than one hundred INMARSAT-E EPIRBs had been fitted on SOLAS ships.
    *Id*. at para. 5. Inmarsat also committed to provide all existing
    users of the L-band EPIRBs with replacement 406.0-406.1 MHz EPIRBs,
    with GPS capability, free of charge. *Id*. at para. 13.

[^287]: *See* Memorandum dated Nov. 17, 2004, from Joseph D. Hersey,
    Jr., USCG, to Executive Secretary, IRAC \[Interdepartmental Radio
    Advisory Committee\], and Letter dated Dec. 7, 2004, from Frederick
    R. Wentland, Associate Administrator, Office of Spectrum Management,
    NTIA, to Marlene H. Dortch, Secretary, FCC, both submitted under
    cover of Letter dated Dec. 7, 2004, from Kathy D. Smith, Chief
    Counsel, NTIA, to Marlene H. Dortch, Secretary, FCC.

[^288]: *See Second Report and Order*, 19 FCC Rcd at 3137 ¶ 30.

[^289]: *See* USCG Comments at 1.

[^290]: *Id*.

[^291]: *Id*. at 1-2.

[^292]: *Id*. at 2.

[^293]: With respect to the safety benefits of the proposed requirement,
    we encourage commenters to provide information on the frequency with
    which DSC distress calls currently are transmitted with incorrect
    geographic coordinates, and the impact that such inaccuracies have
    on search and rescue operations.

[^294]: *See* paras. 34-39, *supra*.

[^295]: We emphasize that our intention here is to consider only the
    imposition of a VHF handheld radio carriage requirement for small
    passenger vessels that are not subject to the reserve power supply
    requirement set forth in Section 80.917, as amended herein, and do
    not install a reserve power source voluntarily. We are not
    requesting comment on whether to relax the reserve power supply
    requirement for any classes of small passenger vessels, or on
    whether to impose a VHF handheld radio carriage requirement on
    vessels that do have a reserve power supply.

[^296]: *See* 47 C.F.R. § 80.363.

[^297]: *See* para. 50, *supra*.

[^298]: *See* 47 C.F.R. § 80.511.

[^299]: *See* 47 C.F.R. § 80.511(a). The rule also prescribes what that
    showing must consist of, effectively restricting the possibility of
    acquiring additional channels to applicants who service vessels or
    who can demonstrate significant congestion on the assigned
    frequency. *See* 47 C.F.R. § 80.511(b)-(c). In addition, Section
    80.373(b)(2)(i) of the Commission's Rules, 47 C.F.R. §
    80.373(c)(2)(i), limits private coast stations to no more than one
    frequency per frequency band.

[^300]: We note that Globe Wireless has suggested that the Commission
    re-evaluate the demand for private coast frequencies. *See* n.223,
    *supra*, (citing Globe Wireless Comments at 3).

[^301]: *See* 47 C.F.R. § 80.373(c)(2)(i).

[^302]: *See* 47 C.F.R. § 80.273.

[^303]: RTCM Comments at 11-12.

[^304]: *Id*. at 12-14. RTCM proposes the following standards for
    inclusion in Section 80.273: (a) IMO Resolution MSC.64(67) Annex 4,
    "Recommendation on performance standards for radar"; (b) IEC 60936
    part 1 (2000-08), "Shipborne Radar -- Performance Requirements --
    Methods of testing and required results;" (c) IEC 60936 part 2
    (1998-10); (d) Appendix S3 of the international *Radio Regulations*
    and ITU SM 1177; and (d) IEC 62252 (2004), "Radar for craft not in
    compliance with IMO SOLAS Chapter V -- Performance requirements,
    methods of test and required test results." *Id*. at 13-14. RTCM
    also proposes additional requirements beyond those that are
    contained in the international standards. *Id*. at 13 (proposed
    Section 80.273(c)).

[^305]: *See* para. 45 & n.196, *supra*.

[^306]: *See* RTCM Comments at 14.

[^307]: It appears, for example, that the only provision of IEC 60936
    that has been mandated by the IMO requires, in general terms, that
    operational controls "be accessible and easy to identify and use."
    See IMO Resolution MSC.64(67) Annex 17 at § 3.13.2 (1996).

[^308]: Section 80.851, the first rule codified in Subpart R, now
    specifies that "\[t\]he radiotelephone requirements of this subpart
    are applicable to all compulsory ships which are not required to
    comply with subpart W of this part in total or in part because they
    have received an exemption from all or some of the subpart W
    provisions." *See* 47 C.F.R. § 80.851.

[^309]: *See Report and Order*, 17 FCC Rcd at 6759 ¶ 42.

[^310]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^311]: The RFA, *see* 5 U.S.C. §§ 601-612, has been amended by the
    Contract With America Advancement Act of 1996, Pub. L. No. 104-121,
    110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small
    Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

[^312]: 5 U.S.C. § 605(b).

[^313]: 5 U.S.C. § 601(6).

[^314]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^315]: Small Business Act, 15 U.S.C. § 632.

[^316]: *See Report and Order*, 17 FCC Rcd at 6791 ¶ 139.

[^317]: 5 U.S.C. § 605.

[^318]: *Id*. § 603.

[^319]: *Id*. § 603.

[^320]: *Id*. § 603(a).

[^321]: Specifically, in the *Memorandum Opinion and Order*, we grant
    petitions for reconsideration requesting that we relieve ship
    station operators of the requirement to make log entries for all
    distress communications received. That log-keeping requirement,
    codified at 47 C.F.R. § 80.409(e), has been relaxed so that log
    entries are required only for (a) distress communications that
    involve the station's own ship; (b) distress call acknowledgements
    and other communications from search and rescue authorities; and (c)
    distress alerts relayed by the station's own ship. *See* para. 19,
    *supra*.

[^322]: The comments and reply comments of the Coast Guard, submitted
    with a cover letter from NTIA, were filed late. On our own motion,
    we accept the late-filed comments and reply comments of the Coast
    Guard in the interest of having as complete a record as possible on
    which to base our decisions herein.

[^323]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601--612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^324]: *See* Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Second* *Report and Order,
    Sixth Report and Order, and Second Further Notice of Proposed Rule
    Making*, WT Docket No. 00-48, 19 FCC Rcd 3120, 3205-10 (2004)
    (*Second Further Notice*).

[^325]: *See* 5 U.S.C. § 604.

[^326]: *See* paras. 27-29, *supra*.

[^327]: *See* para. 31, *supra*.

[^328]: *See* paras. 35-37, *supra*.

[^329]: *See* para. 41, *supra*.

[^330]: *See id*.

[^331]: *See id*.

[^332]: *See* paras. 43-44, *supra*.

[^333]: *See* para. 45, *supra*.

[^334]: *See id*.

[^335]: *See* para. 47, *supra*.

[^336]: *See* para. 48, *supra*.

[^337]: *See* para. 49, *supra*.

[^338]: *See* para. 50, *supra*.

[^339]: *See* paras. 52-67, *supra*.

[^340]: *See* paras. 28-29, *supra*, (citing, *inter alia*, PVA Comments
    at 3; NPMRC Comments at 1; NPMRC Reply Comments at 1).

[^341]: *See* paras. 36-37, *supra*, (citing, *inter alia*, NMCA *ex
    parte* presentation and PVA Comments at 1-3).

[^342]: *See* paras. 37-39, *supra*.

[^343]: 5 U.S.C. § 603(b)(3).

[^344]: *Id*. § 601(6).

[^345]: *Id*. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies "unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions of such term which are
    appropriate to the activities of the agency and publishes such
    definition(s) in the Federal Register." *Id*. § 601(3).

[^346]: Small Business Act, 15 U.S.C. § 632 (1996).

[^347]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^348]: 5 U.S.C. § 601(4).

[^349]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^350]: U.S.C. § 601(5).

[^351]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^352]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^353]: 13 C.F.R. § 121.201, NAICS code 517211.

[^354]: 13 C.F.R. § 121.201, NAICS code 517212.

[^355]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^356]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^357]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^358]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^359]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.

[^360]: 13 C.F.R. § 121.201, NAICS code 334220.

[^361]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005); http://factfinder.census.gov. The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^362]: *Id*. An additional eighteen establishments had employment of
    1,000 or more.

[^363]: We discuss here those two rule amendments that impose new or
    additional requirements. The other decisions adopted in the *Third
    Report and Order* remove or relax existing requirements, or do not
    change existing requirements.

[^364]: 47 C.F.R. § 80.225.

[^365]: *See* paras. 27-29, *supra*.

[^366]: *See* 47 C.F.ER. § 80.917.

[^367]: Prior to this amendment, the reserve power supply requirement
    was imposed only on small passenger vessels of more than 100 gross
    tons.

[^368]: *See* para. 37, *supra*.

[^369]: *See* *Second Further Notice*, 19 FCC Rcd at 3207-08.

[^370]: 5 U.S.C. § 603(c)(1)-(4).

[^371]: *See* para. 27, *supra*, discussing the enhanced safety features
    of equipment meeting the new standards. A vessel using equipment
    that does not conform to the new standards might not hear distress
    calls from other vessels if the receiver is in use for another call.
    However, the new IEC 62238 standard requires two-receiver
    functionality to rectify that problem. Thus, the continued use of
    equipment that does not comply with the new standard could endanger
    not only the vessel on which that equipment is used, but also other
    vessels. In sum, the safety of the entire maritime community would
    be diminished if some classes of vessels were permanently exempted
    from the new DSC equipment standards.

[^372]: *See* para. 28, *supra*.

[^373]: *See* para. 29, *supra*. Although other commenters, including
    the Coast Guard, recommended that certification of new non-handheld
    DSC radios terminate ninety days after the effective date of these
    amendments, and another commenter recommended a six-month period, we
    have adopted the more lenient one-year transition period advocated
    by NPMRC, to better ensure that manufacturers' investment in the
    design and manufacture of SC101 radios is not stranded and to also
    ease the potential compliance burden on vessel operators and owners.
    *Id*.

[^374]: *Id*. A longer transition period and a longer period of
    grandfathering protection is warranted for handheld equipment
    because of the greater design challenges involved in incorporating
    additional safety features in units of smaller size. *Id*.

[^375]: *Id*.

[^376]: *Id*.

[^377]: *See* 47 C.F.R. § 80.917; paras. 35-37, *supra*.

[^378]: *See* para. 35, *supra*. As explained in the *Third Report and
    Order*, without a reserve power supply, a small passenger vessel may
    be unable to communicate via radiotelephone with search and rescue
    personnel in an emergency, and that inability to communicate could
    jeopardize the safety of those on board. *Id*.

[^379]: *Id*.

[^380]: *See* para. 37, *supra*. Such a result could be accomplished
    simply by removing the tonnage limitation that is now set forth in
    Section 80.917, 47 C.F.R. § 80.917(a).

[^381]: This is the class of vessels subject to subchapter K of the
    Coast Guard regulations, 46 C.F.R. §§ 114.100-122.910.

[^382]: This is the class of vessels subject to subchapter T of the
    Coast Guard regulations, 46 C.F.R. §§ 175.100-185.910.

[^383]: *See* Navigation and Vessel Inspection Circular No. 3-99,
    "Global Maritime Distress and Safety System (GMDSS) and Emergency
    Position Indicating Radiobeacon (EPIRB) Equipment Requirements for
    Commercial Vessels," Table 3, note 9 (1999) (NVIC 3-99).

[^384]: *See* para. 37, *supra*.

[^385]: *See* PVA Comments at 1-2.

[^386]: *See* USCG Reply Comments at 3.

[^387]: *See* para. 38, *supra*.

[^388]: *See* 5 U.S.C. § 801(a)(1)(A).

[^389]: *See* *id*. § 604(b).

[^390]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601 *et seq.*,
    has been amended by the Contract with America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAA). Title II of
    the CWAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^391]: *Id*. § 603(a).

[^392]: *See id*.

[^393]: *See* para. 68, *supra*.

[^394]: *See* paras. 69-70, *supra*.

[^395]: *See* para. 71, *supra*.

[^396]: *See* para. 72, *supra*.

[^397]: *See* para. 73, *supra*.

[^398]: *See* para. 74, *supra*.

[^399]: *See* para. 75, *supra*.

[^400]: 5 U.S.C. § 603(b)(3).

[^401]: 5 U.S.C. § 601(6).

[^402]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies "unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions of such term which are
    appropriate to the activities of the agency and publishes such
    definition(s) in the Federal Register." 5 U.S.C. § 601(3).

[^403]: Small Business Act, 15 U.S.C. § 632 (1996).

[^404]: 5 U.S.C. § 601(4).

[^405]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^406]: 5 U.S.C. § 601(4).

[^407]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^408]: 5 U.S.C. § 601(5).

[^409]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^410]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^411]: 13 C.F.R. § 121.201, NAICS code 517211.

[^412]: 13 C.F.R. § 121.201, NAICS code 517212.

[^413]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^414]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^415]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^416]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^417]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.

[^418]: 13 C.F.R. § 121.201, NAICS code 334220.

[^419]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005); http://factfinder.census.gov. The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^420]: *Id*. An additional eighteen establishments had employment of
    1,000 or more.

[^421]: We believe the discussed rules concerning INMARSAT-E earth
    stations, ship station facsimile frequencies, and private coast
    station frequencies would not impose any new reporting,
    recordkeeping, or other compliance requirement on any regulated
    entity.

[^422]: *See* 5 U.S.C. § 603(c).

[^423]: *See* para. 70, *supra*.

[^424]: *See* para. 71, *supra*.

[^425]: *See* para. 72, *supra*.