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              | * |                              |
| Communications                   |   |                              |
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| Petition for Rule Making Filed   | * |                              |
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**REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULE MAKING**

**Adopted: March 27, 2002** **Released: April 9, 2002**

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

**Reply Comment Date:** \[120 days after Federal Register Publication\]

By the Commission: Commissioner Copps approving in part, concurring in
part, and issuing a statement.

**TABLE OF CONTENTS**

**Paragraph No.**

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. BACKGROUND 3

III\. REPORT AND ORDER 5

A.  *Notice* Proposals 5

> 1\. Fishing Vessels and the GMDSS 5
>
> 2\. Commercial Operator Licenses 12
>
> a\. Restricted GMDSS Radio Operator's License 12
>
> b\. Credit for Proof of Passing U.S. Coast Guard Training 14
>
> c\. Other Matters 16
>
> 3\. Global Maritime Distress and Safety System 18
>
> a\. Distress Call Monitoring and Acknowledgement 18

b.  GMDSS Exemption for All Ships Sailing Continuously

> within VHF Radiotelephone Coverage 21
>
> c\. Alternative Satellite Fittings 23
>
> 4\. Safety Watch Requirements and Procedures 25
>
> a\. Watch Requirements on Channel 16 25
>
> b\. Watch Requirements on 2182 kHz 28
>
> c\. Watch Requirements for Voluntary Vessels 31

d.  Safety Watch by Vessels Voluntarily Fitted on the MF/HF DSC

> Channels and INMARSAT A, B and C Systems 34

5\. General Technical Standards (Subpart E) 37

6.  Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons

> (Subpart Q) & Compulsory Radiotelephone Installations for
>
> Vessels 300 Gross Tons (Subpart R) 40
>
> 7\. Frequencies 43
>
> 8\. Emergency Position Indicating Radiobeacons (EPIRBs) 46
>
> 9\. Station Logs 48
>
> 10\. Small Passenger Vessels 52
>
> a\. VHF Radios at Each Steering Station 52
>
> b\. Exemption from GMDSS Rules 53

B.  Suggested Additional Rule Changes 55

> 1\. Subpart A -- General Information 56
>
> 2\. Subpart B -- Applications and Licenses 58
>
> 3\. Subpart C -- Operating Requirements and Procedures 62
>
> 4\. Subpart E -- General Technical Standards 66
>
> 5\. Subpart F -- Equipment Authorization for Compulsory Ships 69
>
> 6\. Subpart G -- Safety Watch Requirements and Procedures 70
>
> 7\. Subpart H -- Frequencies 73
>
> 8\. Subpart I -- Station Documents 77
>
> 9\. Subpart M -- Stations in the Radiodetermination Service 79

10. Subpart S -- Compulsory Radiotelephone Installations for Small
    Passenger

> Vessels 80
>
> 11\. Subpart U -- Radiotelephone Installations Required by the
> Bridge-to-Bridge Act 81
>
> 12\. Subpart V -- Emergency Position Indicating Radiobeacons (EPIRBs)
> 84
>
> 13\. Subpart W -- Global Maritime Distress and Safety System (GMDSS)
> 86
>
> 14\. Manufacture and Distribution of Non-DSC Capable VHF Radios 102
>
> 15\. Consolidation of Rules Regarding Distress Communications 103
>
> 16\. Automatic Switching of Distress Calls 104
>
> 17\. General Editorial Comments 106

IV\. FURTHER NOTICE OF PROPOSED RULE MAKING 107

> 1\. Voluntary Restricted GMDSS License 109
>
> 2\. Coast Station Watches 111
>
> 3\. Unattended Operations for Non-DSC Equipment 114
>
> 4\. Distress Frequency Signals 115
>
> 5\. Emission Classes 116
>
> 6\. Use of Channels 75 and 76 for Port Operations 117
>
> 7\. Digital Selective Calling Equipment 119
>
> 8\. Distress Call and Message Transmission Procedures 120
>
> 9\. INMARSAT-E EPIRBs 121
>
> 10 Small Passenger Vessels 122
>
> 11\. GMDSS Rules 126
>
> 12\. Electronic Mail Requests 129
>
> 13\. Tabular Listings of Part 80 Frequencies 130
>
> 14\. Examination Requirements for GMDSS Radio Operators 131
>
> 14\. Cross-references 132

V. REGULATORY MATTERS 133

A.  Ex Parte Rules -- Permit-But-Disclose Proceeding 133

B.  Final Regulatory Flexibility Certification 134

C.  Comment Dates 142

D.  Paperwork Reduction Act 145

E.  Ordering Clauses 146

F.  Further Information 149

Appendices:

Appendix A -- List of Commenters

Appendix B -- Final Rules

Appendix C -- Proposed Rules

Appendix D -- Initial Regulatory Flexibility Analysis

# iNTRODUCTION AND EXECUTIVE SUMMARY

1.  In this *Report and Order*, we adopt changes to Part 80 of the
    Commission's Rules that were either proposed in or suggested in
    response to the *Notice of Proposed Rule Making* in this
    proceeding.[^1] The *Notice*, released on March 24, 2000, proposed
    rule changes that were intended to consolidate, revise and
    streamline our Rules governing maritime communications pursuant to
    requests from the National GMDSS Implementation Task Force (Task
    Force)[^2] and Globe Wireless, Inc. (Globe). These changes were
    proposed to address new international maritime requirements, improve
    the operational ability of all users of marine radios and remove
    unnecessary or duplicative requirements from our Rules.

2.  The significant actions taken in this *Report and Order* are as
    follows: (1) the extension of the fishing vessel exemption from
    Global Maritime Distress and Safety System (GMDSS) requirements
    until one year after the United States Coast Guard (USCG)
    establishes Sea Areas A1 and A2; (2) the establishment of a
    Restricted GMDSS Radio Operator's License; (3) the authorization of
    the USCG or its designee to issue a Proof of Passing Certificate
    (PPC) that would allow operators to obtain an FCC GMDSS Radio
    Operator's License; (4) the modification of certain sections of our
    Rules to implement international standards; (5) the imposition of a
    mandatory watch on Channel 70 for voluntary vessels; (6) the
    allowance of J2B and J2D transmissions on frequencies currently
    reserved for Morse Code transmissions; (7) the removal of
    certification for Class S emergency position indicating radiobeacons
    (EPIRBs); and (8) the elimination of Subpart Q and the streamlining
    of Subpart R of Part 80 of the Commission's Rules. In addition, we
    today decide not to extend the fishing vessel exemption to other
    vessels.

# BACKGROUND

3.  In 1974, the International Maritime Organization (IMO)[^3] adopted
    the International Convention for the Safety of Life at Sea (SOLAS
    Convention).[^4] The main objective of the SOLAS Convention is to
    specify minimum standards for the construction, equipment and
    operation of ships, compatible with their safety. In 1988, the IMO
    amended SOLAS to provide for the worldwide implementation of the
    GMDSS, a ship-to-shore distress communications system with
    ship-to-ship capabilities.[^5] The system utilizes automated (or
    semi-automated) communications via satellite, and advanced
    terrestrial systems using digital selective calling (DSC). Ships
    that are subject to the requirements of SOLAS, known as "compulsory
    ships," are required to carry certain GMDSS radio equipment for
    safety purposes. Compulsory ships include all passenger ships that
    carry more than twelve passengers and all cargo ships of 300 gross
    tons and over conducting international voyages. In contrast,
    "voluntary ships" are not required to carry GMDSS equipment.[^6] The
    SOLAS amendments provided for the gradual worldwide implementation
    of GMDSS, from February 1, 1992 until February 1, 1999.

4.  On January 16, 1992, the Commission adopted rules to implement the
    GMDSS in the United States, requiring the installation of GMDSS
    equipment by February 1, 1999.[^7] Additionally, the Commission
    incorporated into its rules international performance standards of
    the IMO and the International Telecommunication Union (ITU), and
    publications of the International Electro-technical Commission (IEC)
    and the International Standards Organization (ISO). Since 1992,
    however, many of these international standards have been revised to
    clarify, improve and update new GMDSS requirements. Consequently,
    the Commission issued the *Notice* proposing to (a) revise our Rules
    to implement changes in international standards and regulations; (b)
    delete or modify rules affected by full implementation of the GMDSS;
    and (c) delete or modify any other regulations deemed unnecessary or
    in need of clarification.[^8] The Commission also invited commenters
    to propose other necessary changes to Part 80.[^9]

# REPORT AND ORDER

## *Notice* Proposals

### Fishing Vessels and the GMDSS

5.  *Background.* Pursuant to the GMDSS, cargo ships are required to
    carry varying amounts of communications equipment depending upon
    which of the four Sea Areas in which the vessel operates.[^10]
    Traditionally, fishing vessels have been treated under our Rules as
    cargo vessels because the Communications Act defines "cargo ship" as
    "any ship not a passenger ship."[^11] Because representatives of the
    fishing industry asserted that fishing vessels were specifically
    exempted from GMDSS rules in the SOLAS Convention and should be
    similarly exempt from the Commission's GMDSS rules, the Commission
    granted a temporary waiver of the GMDSS rules for fishing vessels of
    300 gross tons or more.[^12] It noted that inasmuch as the requisite
    shore-based communications equipment for Sea Areas A1 and A2 have
    not yet been established along the U.S. coastline, fishing vessels
    would be required to carry the more expensive Sea Area A3 or A4
    equipment in order to comply with the GMDSS rules in the absence of
    waiver relief.[^13] The Commission therefore found it appropriate to
    grant this temporary waiver pending a rulemaking proceeding
    addressing whether such fishing vessels should be required to comply
    with our GMDSS rules.[^14]

6.  In the *Notice*, the Commission proposed to extend the fishing
    vessel waiver until the USCG establishes appropriate Sea Area A1 and
    Sea Area 2 coast stations, after which we would require all
    compulsory vessels, including fishing vessels of 300 gross tons or
    more, to comply with all the GMDSS requirements appropriate to their
    area of operation.[^15] The Commission noted its concern that a
    separate safety system for fishing vessels would be expensive,
    difficult to administer, and would cause confusion during a distress
    incident.[^16] Therefore, it tentatively concluded that the safety
    benefits of requiring fishing vessels to fit DSC equipment
    outweighed the cost.[^17] The Commission sought comment on the
    proposed extension and on whether extending this exemption would
    place fishing vessels that are in distress at a greater safety
    risk.[^18]

7.  *Discussion.* Members of the Alaska Fishing Fleet commented that
    fishing vessels should be exempt from our GMDSS rules.[^19] They
    argue that the SOLAS Convention exempts such vessels from GMDSS
    requirements, in recognition of the distinct needs of fishing
    vessels. They assert that virtually all vessels operating in Alaskan
    waters are on the same communications system (monitoring of Channel
    16 and 2182 kHz), and that it has been particularly effective. They
    believe that in that area, USCG assets and facilities are distant,
    and the first line of rescue comes primarily from other fishing
    vessels. Thus, they fear that breaking up that network by imposing
    GMDSS rules on a portion of the vessels involved in the network
    would reduce safety and impose an undue economic burden on the
    fleet.[^20]

8.  We disagree. First, we note that the SOLAS Convention exempted
    fishing vessels from GMDSS in anticipation of the adoption of a
    separate treaty designed to cover fishing vessels and not due to any
    special safety characteristics of the fishing vessel fleet.[^21]
    Because it is not clear when or whether this treaty will come into
    force, we believe that reliance on the contemplated separate safety
    system for fishing vessels is unwarranted at this time.

9.  Moreover, we agree with the USCG and the Task Force that full
    implementation of GMDSS in the fishing vessel industry will promote
    safety.[^22] Contrary to the Alaska Fishing Fleet's assertions, it
    cannot be anticipated that a fishing vessel will always,
    particularly in an emergency, be in short range communications
    contact with other fishing vessels. Because foreign ships subject to
    SOLAS requirements have been permitted to and have discontinued
    their watch on 2182 kHz since February 1, 1999, a fishing vessel
    outside VHF radio range would be unable to contact such SOLAS-class
    vessels under almost any circumstance, thereby undermining its
    ability to seek assistance from such vessels in a distress
    situation. Furthermore, GMDSS provides other safety capabilities not
    available in older systems, such as provisions for receiving
    unscheduled urgent maritime safety information. Moreover, a DSC
    signal is more likely to be heard than a radiotelephony call under
    any circumstance, particularly in conditions prevalent at certain
    times of year in Alaskan waters. Therefore, we conclude that fishing
    vessels should be subject to our GMDSS rules. However, consistent
    with the Commission's actions in the *Fishing Vessel Order*, we will
    delay requirements for fishing vessels to fit GMDSS equipment,
    specifically VHF-DSC and MF-DSC radio equipment, on vessels which
    sail exclusively in Sea Areas A1 and A2, until one year after the
    USCG establishes Sea Areas A1 and/or A2.[^23]

10. We note that the Commission has long required that fishing vessels
    comply with provisions of the Communications Act and of our Rules
    that are applicable to cargo ships.[^24] For example, prior to the
    implementation of GMDSS, fishing vessels were required to carry the
    radiotelegraph and radiotelephone equipment required for cargo
    ships. Furthermore, during our gradual implementation of the GMDSS
    system, fishing vessels were previously subject to GMDSS
    requirements. Thus, since August 1, 1993, they were required to
    begin carrying certain GMDSS equipment, specifically NAVTEX
    receivers and satellite EPIRBs.[^25] Consequently, full compliance
    with our GMDSS rules will only require the addition of one piece of
    equipment for fishing vessels sailing in Area A1 (a VHF-DSC), and
    two radios for vessels sailing in Area A2 (a VHF-DSC and
    MF-DSC).[^26]

11. Finally, the *Fishing Vessel Order* stated that the exemption
    applies to "commercial vessels that catch and/or process fish and
    other marine life."[^27] Trident Seafoods Corporation (Trident)
    requests that we include fish tender vessels in our decisions
    regarding GMDSS applicability to fishing vessels.[^28] Fish tender
    vessels transport fish and materials to and from fishing vessels,
    fish processing vessels and shore on an almost continuous basis.
    Trident asserts that the communications between tender vessels,
    catcher boats and fish processors are essential to safe operations,
    and that all concerns outlined in the *Fishing Vessel Order* apply
    to tender vessels as well. It also points out that U.S. laws bring
    fish tender vessels within the definition of "commercial fishing
    industry vessel."[^29] We agree with Trident that fish tender
    vessels are normally included in the category of fishing industry
    vessels. Thus, we hereby clarify that these vessels are included
    within the scope of the exemption for fishing vessels.

### Commercial Operator Licenses

#### Restricted GMDSS Radio Operator's License 

12. *Background.* Presently, we issue one type of commercial radio
    operator license for GMDSS operators, the GMDSS Radio Operator's
    License (GROL), which requires familiarity with all GMDSS equipment
    required for vessels sailing within all four sea areas. This license
    was essentially established for operators on ships sailing on
    extensive international ocean voyages, and the Commission
    tentatively concluded in the *Notice* that it appeared onerous to
    require such knowledge for operators on ships sailing only within
    Sea Areas A1 and A2.[^30] Thus, consistent with ITU regulations
    permitting a restricted operator's certificate for GMDSS operators
    on ships sailing exclusively within Sea Area A1, it proposed the
    introduction of a Restricted GMDSS Radio Operator's License (RGROL)
    for operators aboard compulsory vessels which are required only to
    carry the GMDSS equipment described for Sea Area A1.[^31] The
    Commission sought comment on the establishment of a restricted GMDSS
    license, and also on whether to allow ships sailing solely within
    Sea Area A2 to have operators qualify for a similar restricted GMDSS
    certificate for operation of Sea Area A2 equipment.[^32]

13. *Discussion.* Commenters were in favor of the establishment of the
    restricted license for operators sailing in Sea Area A1.[^33] In
    contrast, commenters did not express a similar interest in a
    restricted license for operators sailing solely in Sea Area A2. We
    agree that it is unnecessary to require GMDSS operators who sail
    exclusively within Sea Area A1 to be familiar with the use of
    equipment which is not fitted and will not be used, such as HF and
    satellite communications, which are part of the requirements for Sea
    Areas A3 and A4. The restricted license will allow operators to
    qualify for a license commensurate to the equipment aboard the
    particular ship or commensurate to their radio duties aboard the
    vessel. Further, the provision of both USCG-approved and voluntary
    GMDSS courses for operators on compulsory vessels on restricted
    voyages and pleasure craft operators will be more affordable and
    easier to schedule. Thus, we will establish a restricted GMDSS
    license for operators sailing exclusively within Sea Area A1.[^34]
    At this time, however, in light of the lack of interest expressed by
    the commenters, we will not establish a similar restricted license
    for operators on ships that sail exclusively within Sea Area A2.

#### Credit for Proof of Passing U.S. Coast Guard Training

14. *Background.* To qualify for a GROL, an applicant must successfully
    complete a written examination administered by a Commercial Operator
    License Examination (COLE) Manager. Beginning February 1, 2002, all
    masters and mates must hold the FCC GROL and must also qualify for a
    USCG GMDSS endorsement. The USCG's seventy-hour training courses for
    GMDSS endorsement are based on the same material and similar
    questions as the FCC GROL examination. Therefore, upon suggestion
    from the Task Force, the Commission proposed to authorize the USCG
    or its designee to issue a Proof of Passing Certificate (PPC) [^35]
    to operators and maintainers of radio equipment who possess a
    certificate of competency from a USCG approved training course.[^36]
    This PPC would qualify an applicant to obtain an FCC GROL.

15. *Discussion.* We agree with the Task Force that accepting a PPC from
    the USCG or its designee will relieve the burden that the
    duplication of examination puts on applicants and will avoid the
    unnecessary administration of examinations.[^37] Therefore, we amend
    Section 13.201 of our Rules to provide that a PPC issued by the USCG
    or its designee representing a certificate of competency from a USCG
    approved training course will qualify an applicant for an FCC GROL
    or RGROL. However, inasmuch as the USCG does not certify
    maintainers,[^38] we are unable to implement this rule for
    maintainer licenses at this time.

#### Other Matters

16. In the *Notice,* the Commission proposed to revise Section 80.165 to
    require a restricted operator's license for operators of a
    terrestrial DSC ship telephone.[^39] SEA Inc. of Delaware (SEA)
    states that as written, this proposed rule would re-impose licensing
    on VHF operators,[^40] since all new VHF radios will have DSC.[^41]
    SEA does not believe that this result was intended. It suggests that
    the Commission's intention was to require this license for operators
    on compulsory ships only.[^42] The USCG and Recreational Boating
    Association of Washington (RBAW) concur, with RBAW stating that the
    restricted operator's license was intended for compulsory ships
    operating in Sea Area A1.[^43] We agree with the commenters that the
    Commission did not intend to re-impose a license requirement on all
    VHF operators. Therefore, we will amend Section 80.165 to require a
    restricted operator's license to operate a DSC ship telephone only
    for compulsory ships.

17. Section 13.13 of our Rules provides the application requirements for
    renewed and modified licenses. Former Section 13.13(d) permitted a
    ninety day temporary conditional operating authority for those
    holding a PPC whose license request has not been acted upon by the
    FCC,[^44] but this provision was deleted inadvertently in the
    Commission's Universal Licensing System proceeding.[^45] We now
    adopt the Commission's proposal in the *Notice* to restore this
    provision to the rule.[^46] We caution licensees, however, that this
    ninety day temporary conditional authority does not relieve the
    licensee of the obligation to comply with the certification
    requirements of the Standards of Training, Certification and
    Watchkeeping (STCW) Convention.[^47]

### Global Maritime Distress and Safety System

#### Distress Call Monitoring and Acknowledgment

18. *Background.* IMO and ITU recommendations and standards have been
    modified extensively since the Commission's GMDSS rules were adopted
    in 1992. These modifications clarify existing requirements and
    procedures and address new requirements. The Commission proposed in
    the *Notice* to implement these changes.[^48] For example, Section
    80.1111(d) of our Rules provides that a station receiving a DSC
    distress alert must cease any transmission that might interfere with
    distress traffic, and continue watch until the call has been
    acknowledged.[^49] Because the ITU changed this procedure to require
    that a ship receiving a DSC distress call first monitor the
    associated distress voice traffic channel (*e.g.*, VHF Channel 16 or
    HF 2182 kHz) for five minutes and monitor the DSC distress and
    safety channel (*e.g.*, VHF Channel 70 or MF 2187.5 kHz) so that the
    ship can hear the transmission of any DSC acknowledgements, the
    Commission proposed modifying Section 80.1111(d) accordingly.[^50]

19. *Discussion.* The Task Force concurs with incorporation of the
    latest IMO guidance.[^51] However, Globe is opposed to the proposed
    monitoring requirement except for distress calls received on VHF or
    2 MHz channels, and asserts that such a limitation would better
    ensure that distress calls from nearby vessels are received.[^52]
    Globe believes, as a practical matter, that the large number of
    irrelevant calls motivates ship crews to disable their systems.
    Thus, it asserts that the interests of maritime safety are better
    served if ships hear and respond to distress calls in the vicinity
    than if they are expected to monitor calls from a wider area but in
    fact monitor none.

20. We agree with the USCG that our proposal should not be limited to
    distress calls received on VHF or 2 MHz channels. As the USCG points
    out, it cannot be anticipated that a ship in distress will always be
    within VHF or MF radio communications range of another vessel.[^53]
    A prime intent of GMDSS is to alert shore authorities of an
    incident, which is best accomplished by disseminating the alert far
    and wide, providing the possibility of proper relay to a shore
    authority while relying on the proper training and performance of
    receiving ships' personnel. A wider range watch will increase the
    chances of the proper referral of distress calls to authorities.
    Furthermore, it is in the interests of maritime safety if all ships
    actually hear and respond to distress calls. Such a change will
    clarify procedures to be applied by ships in accordance with recent
    IMO policy changes and promote international consistency. Globe's
    concern that ship crews may be tempted to disable their systems,
    resulting in less monitoring, is not compelling as any such actions
    by a ship's crew would be a violation of the Radio Regulations and
    our Rules. Thus, in accordance with updated ITU procedures, we will
    require a ship receiving a DSC distress call to monitor the
    associated distress voice channel for five minutes, and monitor the
    DSC channel until the call has been acknowledged.

#### GMDSS Exemption for All Ships Sailing Continuously Within VHF Radiotelephone Coverage

21. *Background.* In the *Notice*, the Commission proposed to amend
    Section 80.1071 of our Rules to add a general exemption from certain
    GMDSS requirements for all ships that sail continuously within VHF
    radiotelephone coverage (approximately 20 miles from shore).[^54] As
    with the exemption with regard to fishing vessels, this proposal was
    the result of the lack of shore based VHF and MF DSC equipment
    needed to support the establishment of Sea Areas A1 and A2, and the
    concern that fitting DSC equipment in the absence of the shore based
    equipment would impose an unnecessary financial burden on such
    vessels. The Commission proposed that this exemption expire one year
    after the USCG establishes Sea Area A1.

22. *Discussion.* The Task Force was in favor of our proposal, and
    recommended that this exemption be conditioned upon a continuous
    Channel 16 watch by the vessel.[^55] However, upon reconsideration
    of our proposal, we agree with the USCG that we should not grant a
    general exemption from our GMDSS rules beyond that which the
    Commission has already granted.[^56] First, such an exemption is
    untimely inasmuch as all compulsory vessels, with the exception of
    vessels operating pursuant to the fishing vessel or other individual
    ship exemption, have been required to comply with our GMDSS rules
    since 1999. Thus, the only vessels that could benefit from such an
    exemption are either already operating pursuant to a waiver or are
    operating in violation of our Rules. Further, as the USCG points
    out, in addition to being a ship-to-shore system, DSC is a
    ship-to-ship system. Under these circumstances, there is no need to
    delay the benefits of the ship-to-ship communications feature of
    DSC. Therefore, we decline to amend Section 80.1071 to add a general
    exemption from GMDSS requirements for ships sailing continuously
    within VHF radiotelephone coverage.

#### Alternative Satellite Fittings

23. *Background.* Section 80.1091 contains the additional equipment
    requirements for ships that remain within Sea Areas A1, A2 or A3 at
    all times.[^57] In the *Notice,* the Commission proposed to add a
    note thereto permitting alternative satellite system fittings for
    vessels sailing only in domestic waters.[^58]

24. *Discussion.* The Task Force notes that the proposed change would
    allow non-GMDSS satellite systems to be used as an alternative for
    U.S. GMDSS domestic vessels, and opines that such waivers should
    instead be considered on a case-by-case basis.[^59] We disagree with
    the Task Force that permitting the use of alternative satellite
    systems would result in the use of non-GMDSS class equipment, given
    that the proposal included a provision that the satellite system
    must comply with all features of the INMARSAT system for its
    intended function. Furthermore, the proposed change would be
    especially beneficial to the marine community as it would permit
    domestic compulsory ships to choose additional systems as an
    alternative to INMARSAT, thereby promoting competition. This could
    result in substantial savings to the affected ships. As this
    proposal will have a positive effect on the marine community, we
    will permit the use of these alternative satellite systems for
    vessels sailing in domestic waters.

### Safety Watch Requirements and Procedures

#### Watch Requirements on Channel 16

25. *Background.* Section 80.1123 requires compulsory ships at sea to
    maintain a continuous watch on VHF Channel 16 (156.800 MHz) until
    February 1, 1999.[^60] As that date has passed, and the SOLAS
    Convention extended this requirement until February 1, 2005, the
    Commission proposed updating its rules to retain the watch
    requirement until the new SOLAS date.[^61] It also proposed moving
    Section 80.1123(c) and (d) to Subpart G of Part 80, which contains
    the rules on "Safety Watch Requirements and Procedures."[^62]

26. *Discussion.* Inasmuch as it is consistent with the IMO's transition
    plan to switch calling from voice on Channel 16 to using DSC on
    Channel 70, extending the Channel 16 watch requirement until 2005
    will accomplish our objective of incorporating international
    requirements into our Rules. Furthermore, extending the Channel 16
    watch will provide enormous safety benefits. Since the USCG has not
    established coast stations for Sea Area A1, many vessels operating
    within that Sea Area are not equipped with GMDSS equipment, and are
    still operating with VHF radios using the Channel 16 watch. Thus,
    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.

27. The Task Force agrees that the date should be extended, but argues
    that because the USCG's shore network upgrade to VHF-DSC may not be
    completed by February 1, 2005, we should extend the watch date until
    one year after the USCG declares Sea Area A1 operational, or until
    February 1, 2005, whichever is later. [^63] We disagree. As
    previously noted, GMDSS is a ship-to-ship system as well as a
    ship-to-shore system. We believe that it would be premature to
    presume that the IMO will extend the watch date beyond February
    1, 2005. Therefore, extending the date beyond February 1, 2005 in
    our Part 80 rules would be inconsistent with international
    standards. Accordingly, we will follow the original proposal and
    extend the watch requirement until February 1, 2005.[^64] In light
    of the Task Force's comments indicating that we should reflect an
    extension of the Channel 16 watch requirement both in Section
    80.305(a)(3) and in Section 80.1123,[^65] we will make the
    appropriate revisions to both of these rules. Thus, the Channel 16
    watch requirement will appear in Subparts C (in Section 80.148), G
    and W.

#### Watch Requirements on 2182 kHz

28. *Background.* Sections 80.305(a)(2), (b)(1), and 80.1123(d) of our
    Rules govern watch requirements on 2182 kHz.[^66] The ITU, however,
    recommends that vessels voluntarily maintain such a watch when a
    significant number of non-compulsory vessels are in the
    vicinity.[^67] In the *Notice*, the Commission sought comment as to
    the practicality of a voluntary watch, what is considered a
    significant number of vessels, and whether a voluntary watch on 2182
    kHz would provide meaningful benefits to compulsory and voluntary
    ships at sea.[^68]

29. *Discussion.* SEA asserts that a voluntary watch on 2182 kHz is
    premature as many ships are not fitted with DSC and not all
    shore-based GMDSS facilities are in place.[^69] Likewise, the Task
    Force does not consider voluntary watches an acceptable solution if
    there is a perceived need for such a watch. It asserts that if the
    administration feels there is a need for such a watch, it should be
    mandatory for all compulsory and voluntary vessels.[^70] The Task
    Force further believes that once Sea Area A2 is established, and
    vessels have upgraded to MF-DSC, compulsory watches on 2182 kHz will
    be unnecessary. Therefore, it recommends that compulsory ship
    watches on 2182 kHz be required until the vessel upgrades to MF-DSC
    or until one year after the USCG declares Sea Area A2 operational.
    Globe is opposed to the idea of a voluntary 2182 kHz watch because
    it doubts that such a watch would be routinely maintained in
    practice, and to provide for it in the rules could create a false
    sense of security.[^71] The USCG does not consider a watch on 2182
    kHz of much practical benefit as it has observed a continuing
    decline in its use.[^72]

30. We agree with SEA and the Task Force that a voluntary watch is not
    an acceptable solution. The 2182 kHz watch remains an important
    component of maritime safety, and specifying in our Rules that such
    a watch is voluntary will provide a level of safety far below that
    which will be secured by a mandatory watch requirement. 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. Such a result would be inconsistent
    with our goal of enhancing the collective safety of the marine
    community. Further, we agree with Globe that a voluntary watch is
    unlikely to be routinely maintained in practice, and to provide for
    it in the Rules could therefore generate a false sense of security.
    Accordingly, we will amend Section 80.1123(d) to provide for a
    mandatory 2182 kHz watch, without specifying a sunset date for the
    requirement at this time.[^73]

#### Watch Requirements for Voluntary Vessels

31. *Background.* Section 80.310 sets forth the watch requirements for
    voluntary vessels.[^74] In the *Notice*, the Commission proposed to
    revise this section 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.[^75] The Commission
    further proposed to require voluntary vessels equipped with DSC to
    maintain a watch on Channel 70 when the vessel is underway.[^76]
    Finally, the Commission proposed to require vessels voluntarily
    fitting additional radio equipment to have such equipment turned on
    and set to the appropriate watch frequency whenever the vessel is
    underway and the equipment is not being used to communicate.[^77]

32. *Discussion.* Regarding Channel 16, we believe that the safety
    advantages of imposing the Channel 16 watch outweigh any possible
    disadvantages.[^78] Therefore, we will adopt the proposal. The USCG
    proposes that language regarding alternative watch keeping on
    Channel 9 be eliminated from this Section once the watchkeeping
    requirement on Channel 16 is eliminated.[^79] We will not take any
    action on this suggestion at this time as the Channel 16 watch
    requirement remains intact. Regarding Channel 70, we agree with
    commenters that a mandatory watch on Channel 70 for voluntary
    vessels equipped with DSC will promote safety and effective
    communications between compulsory and voluntary ships.[^80] It will
    also promote international comity inasmuch as this proposal is in
    alignment with ITU regulation S31.17. Furthermore, it will make a
    major contribution to the collective marine safety. Nonetheless, we
    want to ensure that our actions do not impinge upon mariners' normal
    use of their radios. Therefore, we will adopt the proposal with the
    clarification that any radio equipment installed voluntarily must be
    powered up and set to the appropriate watch frequency except when
    being used to communicate.

33. Finally, the Task Force notes that the proposed last sentence of the
    proposed rule is unclear. The Task Force states that if it applies
    to vessels voluntarily fitting radio systems capable of sending
    automatic distress alerts, it should be rephrased.[^81] We will
    revise the language accordingly.

#### Safety Watch By Vessels Voluntarily Fitted on the MF/HF DSC Channels and INMARSAT A, B, and C Systems

34. *Background*. As previously mentioned herein, numerous ITU
    regulations have been modified and updated since we last updated our
    Rules. In the *Notice*, the Commission sought comment on which
    specific ITU regulations should be implemented.

35. *Discussion*. The Task Force recommends that we adopt the ITU
    regulation requiring a safety watch by all vessels voluntarily
    fitted with MF/HF-DSC and INMARSAT A, B, and C systems.[^82] It
    notes that the INMARSAT watch is not to receive alerts from other
    ships but to enable contact by shore rescue authorities to resolve
    false alerts or arrange assistance for another vessel in
    distress.[^83] The Task Force also recommends that we adopt Radio
    Regulation S32.5B, which specifies that any GMDSS shipboard
    equipment which is capable of transmitting position coordinates as
    part of a distress alert message and which does not have an integral
    electronic position-fixing system receiver must be interconnected to
    a separate navigation receiver, if one is installed, to provide that
    information automatically.[^84] The Task Force considers this a
    necessary requirement for both compulsory and voluntary vessels
    because of the large number of alerts received without positions or
    with erroneous positions.

36. We agree with the Task Force that we should require a safety watch
    by all vessels voluntarily fitted with INMARSAT A, B, and C systems.
    We believe the adoption of this proposal will enhance ship safety as
    it will result in more ships conducting safety watches.
    Additionally, it will promote international consistency. We also
    agree that we should conform our Rules to Radio Regulation S32.5B.
    This will increase the likelihood that distress messages will be
    received with accurate position information and will cut down on the
    number of alerts received without position information. However, we
    will limit that requirement to compulsory vessels. We believe this
    requirement would be difficult to apply or enforce with respect to
    voluntary ships, as these ships are not licensed or inspected.

### General Technical Standards (Subpart E)

37. *Background.* Subpart E of our Rules provides the general technical
    requirements for the use of maritime frequencies and equipment. In
    response to a suggestion by the Task Force, the Commission sought
    comment on whether any specific standards in Subpart E required
    modification, and whether IEC Test Standards should be incorporated
    by reference into our Rules.[^85] It also sought comment on how to
    simplify the means for keeping these general technical standards
    updated in our Rules as new versions are promulgated by the
    standards organizations.[^86]

38. *Discussion.* The USCG agrees that IEC standards should be
    incorporated into our Rules, and provides a list of the specific
    standards it recommends.[^87] We conclude that adopting the IEC
    standards recommended by the USCG would promote international
    consistency and provide internationally recognized criteria and test
    procedures for certification of GMDSS equipment.[^88] However, we
    also agree with SEA that we should implement some grandfathering
    provisions into our Rules.[^89] Ship owners and manufacturers have
    made large investments installing and designing equipment compliant
    with current requirements. A sudden change in rule from current
    standards might impose a financial burden on such ship owners.
    Therefore, while we will no longer allow certification of equipment
    not meeting the revised standards after the new rules take effect,
    we will continue to permit the use of such equipment. In addition,
    to allow manufacturers adequate time to make any necessary changes
    to their equipment production lines and to deplete inventory,[^90]
    we will permit the installation of equipment meeting the old
    standards until February 1, 2003. After that time, only equipment
    meeting the new standards may be installed.

39. The USCG further recommends that the Commission amend its delegated
    authority rule, Section 0.331,[^91] to allow Part 80 to reflect the
    most current edition of standards.[^92] Section 0.331(d) already
    delegates authority to the Chief, Wireless Telecommunications
    Bureau, to adopt "orders conforming any of the applicable rules to
    formally adopted international conventions or agreements where novel
    questions of fact, law, or policy are not involved."[^93] We do not
    think further expansion of the Wireless Telecommunications Bureau's
    delegated authority in this area is necessary or warranted. We have
    decided, moreover, to generally keep the rules up-to-date by Notices
    of Proposed Rule Making as part of the biennial review process.[^94]
    These standards will not be controversial, so this method should
    work quickly.[^95]

### Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons (Subpart Q) & Compulsory Radiotelephone Installations for Vessels 300 Gross Tons (Subpart R)

40. *Background.* Subpart Q of Part 80 lists the requirements for
    compulsory radiotelegraph installations for vessels of 1600
    tons.[^96] Because Section 365 of the Communications Act[^97]
    prohibits requiring a ship to install a radiotelegraphy station if
    it is operating in accordance with the GMDSS, and because all
    compulsory vessels must demonstrate compliance with the GMDSS, the
    Commission proposed, in the *Notice*, to eliminate the entire
    subpart except for Section 80.825, which provides the requirements
    and specifications for radar installations, and Section 80.807,
    regarding radiotelephone installations.[^98] It also sought comment
    on whether any other portions of Subpart Q should be retained.[^99]
    Finally, the Commission sought comment on the Task Force's proposal
    that we convert the requirements for radiotelegraphy set forth in
    Subpart Q to voluntary compliance.[^100]

41. Subpart R of our Rules provides the radiotelephone requirements for
    cargo ships of 300 to 1600 gross tons.[^101] As of February 1, 1999,
    these vessels were required to comply with the GMDSS requirements in
    Subpart W. Thus, the Commission tentatively concluded that the rules
    in Subpart R were redundant with the GMDSS rules in Subpart W, and
    proposed elimination of Subpart R with the exception of Section
    80.879, which requires certain vessels to comply with the radar
    installation requirements in Section 80.825.[^102] The Commission
    noted that the *Fishing Vessel Order* specifically stated that the
    GMDSS waiver granted to fishing vessels did not relieve the vessels
    from compliance with the radiotelephone requirements of Subpart
    R,[^103] and sought comment regarding the continued need to specify
    radiotelephone requirements in Subpart R, or whether it should be
    deleted in its entirety.[^104]

42. *Discussion.* Commenters were generally in agreement with the
    proposal to substantially eliminate Subparts Q and R. We will retain
    the substance of the rules addressing radar and radiotelephone
    installations, but, as suggested by the Task Force,[^105] we will
    move them to other subparts.[^106] We also will update these
    provisions to reflect new IMO and IEC standards, as recommended by
    the Task Force and the Radio Technical Commission for the Maritime
    Services (RTCM).[^107] This will make our ship radar rules fully
    compatible with internationally agreed performance and certification
    testing standards required to meet international shipboard carriage
    requirements. In addition, we agree with the USCG[^108] that because
    the radio direction finding apparatus described in Sections 80.818
    through 80.823 is still required by the Communications Act,[^109]
    with no provision for a waiver, these provisions cannot be
    eliminated unless Congress amends the Communications Act. We further
    note that as vessels operating pursuant to the fishing vessel
    exemption are not currently in compliance with GMDSS, they must be
    in compliance with certain other portions of Subparts Q and R.
    Therefore, we will create a rule for vessels operating pursuant to
    that exemption and incorporate the necessary standards into that
    section. The remainder of the rules in Subparts Q and R shall be
    eliminated.

### Frequencies

43. *Background.* Sections 80.351 through 80.363 of our Rules describe
    the carrier frequencies and general uses of radiotelegraphy.[^110]
    In the *Notice*, the Commission proposed to adopt Globe's proposal
    to, in accordance with revised ITU regulations, allow
    radio-teletypewriter, data, telemetry, and telecommand transmissions
    on 744 frequencies in the HF band that Section 80.357(a)(3) of our
    Rules[^111] restricts to Morse Code transmissions.[^112] Pursuant to
    a recommendation from the Task Force, the Commission also sought
    comment on the deletion of 500 and 8364 kHz as distress and safety
    frequencies, and on eliminating Morse Code radiotelegraph
    frequencies.[^113] Finally, the Commission sought comment on whether
    the frequency tables in Subpart H should be updated in accordance
    with revised ITU Regulations, and which specific ITU regulations
    should be incorporated.[^114]

44. *Discussion.* We agree with commenters that J2B and J2D
    emissions[^115] represent a substantial efficiency advantage over
    Morse code. Thus, this amendment will promote the use of higher
    speed communication in scarce HF spectrum. Further, it will promote
    international comity as it will bring our Rules in alignment with
    revised ITU regulations. Moreover, it will increase the operational
    flexibility of MF and HF service providers and facilitate their
    ability to offer additional services. Additionally, better use of
    the spectrum is in the public interest. Therefore, we will modify
    Section 80.357(a)(3) to allow radio-teletypewriter, data, telemetry
    and telecommand transmissions on frequencies currently reserved for
    Morse Code. Specifically, we will allow J2B and J2D emission
    wherever A1A or F1B emission is permitted, on high seas frequencies.
    We emphasize that use of J2B and J2D emissions must be on a
    non-interference basis and must otherwise be in accord with ITU
    Radio Regulation S52.54.1.[^116]

45. We agree with the Task Force and other commenters that 500 kHz and
    8364 kHz should be deleted as distress and safety frequencies, as
    these frequencies are not currently in use.[^117] Therefore, we will
    delete the references thereto throughout our Rules, including the
    references in Sections 80.101(c), 80.143, 80.146, 80.207, 80.223,
    and 80.302.[^118] We will not, however, delete the Morse
    radiotelegraph frequencies, because despite the USCG's assertion
    that there are no commercial or government operated coast radio
    stations providing any Morse radiotelegraphy services in the U.S.,
    we find that though the Morse radiotelegraph frequencies are rarely
    used, if at all, there is no concrete evidence that they are
    completely unused or that there is absolutely no interest in the use
    of these frequencies for Morse telegraphy. In these circumstances,
    we 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.[^119]

### Emergency Position Indicating Radiobeacons (EPIRBs)

46. *Background.* Sections 80.1053, 80.1055, 80.1057 and 80.1059 set
    forth the requirements for Classes A, B, C and S EPIRBs,
    respectively, all of which operate on 121.5/243 MHz.[^120] The
    Commission noted in the *Notice* that COSPAS/SARSAT, the
    international program that operates the satellite processors for
    EPIRBs, has announced that because of the deficiencies in 121.5/243
    MHz EPIRBs, it will stop equipping new satellites with 121.5/243 MHz
    processors, and plans to establish a date after which any remaining
    active processors will be turned off.[^121] The Commission further
    stated its concern that the use of these EPIRBs had led to thousands
    of false alerts over the years, that lifesaving efforts on such
    EPIRB signals are often ineffective because there is no available
    registration information to aid detection, and the average alerting
    time on such EPIRBs is expected to reach the unacceptable level of
    ninety minutes.[^122] Thus, the Commission proposed to remove
    certification for Classes A, B, C and S EPIRBs, and to remove rules
    pertaining to the obsolete Class C EPIRB. More specifically, the
    Commission proposed that (1) certification of new Class A, B, and S
    EPIRBs cease immediately; (2) the sale and manufacture of these
    units cease as of February 1, 2003; and (3) operation of these
    devices cease as of December 31, 2006.

47. *Discussion.* We agree with commenters and will delete all
    references in our Rules to Class C EPIRBs, which are no longer
    authorized,[^123] including references identified by commenters but
    not set out in the Commission's proposed rule changes. Likewise, for
    the reasons specified in the *Notice,* we will follow the proposal
    to gradually phase out the use of Class A, B and S EPIRBs.[^124] We
    believe that our adoption of this proposal will result in improved
    rescue efforts and facilitate a complete transition to 406 MHz
    satellite EPIRBs. We agree, however, with the Task Force that it
    will be necessary to retain certain portions of our Rules for the
    duration of the use of these devices.[^125]

### Station Logs

48. *Background.* Section 80.409(e) of our Rules provides the
    requirements for ship radiotelephone logs. Section 80.409(e)(1)
    requires that ships compulsorily equipped with radiotelephones
    maintain in their logs a summary of all distress, urgency and safety
    traffic.[^126] In the *Notice*, the Commission proposed to amend
    this Section to require only a summary of distress communications
    heard and urgency communications affecting the station's own
    ship.[^127] The Commission also proposed to amend Section
    80.409(e)(5) 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.[^128]

49. *Discussion.* Owen Anderson (Anderson) suggests that logging all
    intercepted distress communications puts an unreasonable burden on
    the Bridge Officer, who is also responsible for keeping the GMDSS
    log.[^129] Thus, he suggests that we amend this section to either
    require that such ships maintain a summary of distress and urgency
    communications affecting the station's own ship, or a summary of
    distress communications from vessels themselves in distress plus
    distress and urgency communications affecting the station's own
    ship.[^130] We do not believe that the proposed amendment to Section
    80.409(e)(1) will impose a burden on the Bridge Officer that is
    unreasonable in light of the benefits to be derived from the log
    keeping requirement. We note 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. As we fail to see how our proposal will unreasonably burden the
    log keeper, we will implement the proposed amendment to this
    section.

50. Further, both the Task Force and the USCG recommend that the phrase
    "Officer of the Deck" in proposed Section 80.409(e)(7) be replaced
    with "Officer of the Navigational Watch" to be consistent with IMO
    phraseology.[^131] We agree with the USCG and the Task Force that we
    should align our phraseology with the IMO, and will use the phrase
    "Officer of the Navigational Watch" as per their suggestion.

51. Section 80.1099(f)(2) requires that battery charge levels be checked
    at intervals not exceeding thirty days, and that portable equipment
    such as EPIRBs and SARTs be checked at the same intervals using
    methods recommended by the manufacturer. Anderson believes that the
    proposed amendment of Section 80.409(e)(5) conflicts with Section
    80.1099(f)(2).[^132] We disagree. First, these rules are
    distinguishable in that Section 80.1099(f)(2) is applicable to
    checks of battery charge levels, while Section 80.409(e)(5) requires
    a weekly check of safety equipment. Furthermore, to the extent that
    these rules are similar, the time frames are not in conflict because
    the weekly check required by Section 409(e)(5) falls squarely within
    the "thirty days or less" requirement in Section 80.1099(f)(2).
    Because we believe that a weekly inspection of safety equipment is a
    reasonable period and that this requirement does not conflict with
    the requirement to check battery charge levels at an interval not
    exceeding thirty days, we will implement both proposals.

### Small Passenger Vessels

#### VHF Radios at Each Steering Station

52. Subpart S of our Rules contains the requirements for compulsory
    radiotelephone installations for small passenger vessels. Section
    80.905(d) requires a VHF radio at each steering station.[^133] The
    Commission proposed to modify this section to permit the
    installation of a portable VHF-DSC radio to meet this requirement if
    it is permanently mounted and has a suitable power provision and
    antenna feed.[^134] The Task Force does not concur in accepting a
    single portable VHF-DSC as equivalent to an installed VHF-DSC system
    because it feels such units, when available, usually operate at
    reduced power which may be insufficient for distress alerting.[^135]
    We disagree. The only change that the Commission proposed to this
    provision was to add a reference to DSC. We have no evidence of any
    problem of the type described by the Task Force arising in
    connection with portable non-DSC VHF radios. Therefore, we conclude
    that reduced power will not compromise any distress alerting, and we
    will implement the proposed change.

#### Exemption from GMDSS Rules

53. *Background.* Section 80.933 contains the small passenger vessel
    exemptions from certain radiotelephone and GMDSS requirements.[^136]
    The Commission proposed to revise subsection (c) to extend the
    exemption for exempt small passenger vessels of less than 100 gross
    tons from GMDSS requirements until six months after the USCG
    notifies the FCC that coverage in Sea Areas A1 and A2 is
    established.[^137]

54. *Discussion.* We agree with the Task Force's recommendation that the
    proposed exemption from certain GMDSS requirements for small
    passenger vessels should be extended to one year, rather than six
    months, after the USCG declares Sea Areas A1 and A2 operational, in
    order to be consistent with other exemptions.[^138] In addition, SEA
    and the USCG argue that we should not wait until Area A1 is declared
    to end the exemption for vessels that operate in Sea Area A2.[^139]
    Furthermore, the USCG urges us to restrict this exemption to
    domestic voyages.[^140] We believe that SEA and the USCG's concern
    is misplaced here, because the vessels to which this exemption is
    applicable operate exclusively within Sea Area A1, even when sailing
    on international voyages.[^141] We acknowledge, however, that the
    confusion may have arisen from the inadvertent reference to Sea Area
    A2 in the proposal. The Commission did not mean to imply that the
    exemption was being granted to vessels operating in Sea Area A2.
    Thus, we will extend the small passenger vessel exemption from GMDSS
    requirements in Section 80.933(c). Further, we hereby clarify that
    this exemption will continue until one year after the USCG has
    established Area A1.

## Suggested Additional Rule Changes

55. In the *Notice*, the Commission asked for comments on any other rule
    changes that could be made to update, streamline, or clarify Part 80
    of the Commission's Rules. What follows is our discussion of
    additional rule changes suggested by certain commenters.[^142]

### Subpart A-General Information

56. **§ 80.5.** Section 80.5 of our Rules contains the definitions of
    terms used throughout Part 80.[^143] The Task Force and the USCG
    recommend that we make the following revisions to Section
    80.5:[^144]

-   *Distress Signal*: align with S32.9 of the ITU Radio Regulations, to
    include a person, and to remove all references to radiotelegraphy.

```{=html}
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```
-   *Distress Traffic*: align with S32.40 and should include a person.

```{=html}
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```
-   *Inland Waters:* amend to cite 33 C.F.R. § 80.01.

```{=html}
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```
-   *Maritime mobile service identities*: amend to include the
    abbreviation MMSI.

```{=html}
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```
-   *Navigable Waters*: adjust to reflect the current wording of 33
    C.F.R. § 2.05.

```{=html}
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```
-   *Pilot*: update to reflect the current Title 46 U.S. Code
    requirements.

```{=html}
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```
-   *Safety Signal* and *Urgency Signal*: amend to remove mention of
    radiotelegraphy.

They also recommend adding the following definitions:

-   *INMARSAT*: INMARSAT Ltd. is a private commercial company licensed
    in the United Kingdom.

```{=html}
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```
-   *IMSO*: The International Mobile Satellite Organization (IMSO) is a
    residual intergovernmental organization which was established to
    ensure that INMARSAT Ltd. complies with its public service
    obligations.

```{=html}
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```
-   *Universal shipborne automatic identification system (AIS):* A
    system in the maritime mobile service by which vessels and
    designated shore stations broadcast, in accordance with
    International Maritime Organization and International
    Telecommunication Union Recommendations, a unique identifier,
    positions, intentions and safety related port and waterway
    information to similarly equipped vessels and shore stations in
    order to improve collision avoidance and facilitate vessel tracking.

-   *Vessel traffic service area (VTSA):* An area defined at the request
    of the U.S. Coast Guard to which regulations related to vessel
    traffic services apply.

57. We agree with some of these proposals. Specifically, we will follow
    the suggestions relating to INMARSAT, Distress Signal, Distress
    Traffic, Inland Waters, and Maritime Mobile Service Identities.
    However, we see no need to revise the definition of Navigable
    Waters, as it already refers the reader to 33 C.F.R. § 2.05. In
    addition, we will not revise the Pilot definition as no specific
    concerns were provided. With regard to Safety and Urgency Signal, we
    believe that we need to keep the reference to radiotelegraphy for
    those who choose to continue to use that service. Nor will we add
    definitions for IMSO, AIS,[^145] or VTSA, because these terms are
    not referenced in Part 80.

### Subpart B-Applications and Licenses

58. **§ 80.13.** Section 80.13 of our Rules lists the ship station
    license requirements.[^146] The USCG recommends that this regulation
    be amended to allow a ship earth station to be licensed by rule, to
    reflect current practice.[^147] RBAW states that it understands that
    there have been talks between the U.S. and Canada concerning a
    possible reciprocal agreement to eliminate the ship station license
    requirement for voluntary vessels traveling between the two
    countries.[^148] Thus, it recommends that Section 80.13(c) be
    amended to include the provisions to accommodate any such reciprocal
    agreement if executed, without further rulemaking.

59. We disagree with these proposals. Licensing maritime mobile
    satellite stations by rule is not our current practice, and in fact
    would neglect our responsibility to be able to identify users,
    retrieve ship station data from our licensing database in cases of
    interference, and to provide numbering resources. We also disagree
    with RBAW that Section 80.13(c) should be amended to include the
    provisions to accommodate any reciprocal agreements between the U.S.
    and Canada if executed, without further rulemaking. In the absence
    of a reciprocal agreement, it would be premature to amend our
    regulations.[^149]

60. **§ 80.51.** Section 80.51 provides the ship earth station licensing
    requirements.[^150] The USCG recommends deletion of the portions of
    paragraph (b) which discuss ship earth stations operating in the old
    Marisat system and the continued use of such stations, as the
    Marisat system is no longer in use.[^151] We agree that the rules
    applicable to ship stations operating under Marisat should be
    deleted, as the Marisat system has not been used since the 1980s.
    Therefore, we will delete the reference to Marisat in this rule, and
    throughout our regulations.

61. **§ 80.57.** Section 80.57 provides the channeling arrangements for
    VHF maritime public correspondence between the U.S. and
    Canada.[^152] The USCG recommends that this section be reviewed and
    revised to reflect recent vessel public correspondence auctions,
    recently revised Canadian/USA agreements, and current
    practices.[^153] After reviewing the current text of Section 80.57
    and the pertinent agreements between the U.S. and Canada, we see no
    reason to revise the rule. We believe the rule remains up-to-date
    with respect to the bilateral arrangements. Similarly, there is
    nothing in the record indicating a need to revise the rule to
    reflect recent vessel public correspondence auctions and/or current
    practices.

### Subpart C-Operating Requirements and Procedures

62. **§ 80.67.** Section 80.67 sets forth the general facilities
    requirements for coast stations.[^154] The USCG recommends that we
    delete the requirement that public coast stations transmit and
    receive H3E emission on the frequency 2182 kHz.[^155] We agree. Only
    J3E is currently authorized,[^156] so the deletion of H3E is
    appropriate.

63. **§ 80.91.** Section 80.91 provides the rules for the order of
    priority of communications.[^157] The USCG comments that this
    section is outdated and should be replaced by the text of Article
    S53 of the ITU Radio Regulations.[^158] We agree and will replace
    this section accordingly. The adoption of the USCG's proposal here
    will promote international consistency, one of the key goals of this
    proceeding.

64. **§ 80.101.** Section 80.101 provides the radiotelephone testing
    procedures requirements.[^159] We agree with the USCG's suggestion
    that we delete the portion of subsection (b) that permits short
    tests on 2182 kHz by vessels with double sideband (DSB) (A3)
    equipment to evaluate the compatibility of that equipment with A3J
    emissions, for distress and safety purposes.[^160] We will, however,
    allow short tests on 4215 MHz, an alternative distress calling
    frequency for radiotelephone, if the vessel has MF/HF equipment. We
    also agree with the USCG that we should delete the prohibition in
    subsection (c) on 500 kHz testing,[^161] inasmuch as 500 kHz
    survival equipment is no longer used and we have already decided
    herein to delete 500 kHz as a safety frequency.[^162]

65. **§ 80.143.** Section 80.143 provides the required frequencies for
    radiotelephony.[^163] We agree with the USCG[^164] that we should
    delete the last sentence of subsection (a), which permits the use of
    A3E emissions for distress and safety purposes on 2182 kHz for
    portable survival craft equipment having the capability to operate
    on 500 kHz. This language is unnecessary because there is no current
    requirement for portable survival craft equipment operating on 500
    kHz or 2182 kHz.

### Subpart E-General Technical Standards

66. **§§ 80.205 and 80.207.** Section 80.205 lists the authorized
    bandwidths for different emission classes.[^165] Section 80.207 sets
    forth emission classes.[^166] The USCG recommends deletion of the
    authorized bandwidths for classes A1A, A1B, A1D, A3N, and A3X. These
    classes refer to telegraphy, telemetry and analog, none of which are
    currently used. We cannot delete the A3X reference as it applies to
    EPIRBs; similarly, A1A cannot be deleted as there are public coast
    stations authorized to use it, and radio direction finders still
    required to use it. A1D is applicable to 406 MHz EPIRBs and will not
    be deleted. A3N is applicable to direction finding equipment and
    cannot be deleted. In addition, we can discern no public interest
    benefit to deleting any of these references to emission classes
    given the absence of any reported interference problems that may be
    attributable to the referenced emissions. In addition, the USCG has
    proposed numerous deletions to the authorized emission
    classes.[^167] Based on the current record, we decline to delete the
    radiotelegraphy emission classes, for the reasons discussed above.
    Instead, in order to build a fuller record upon which to base a
    decision, we seek comment on the issue in the Further Notice of
    Proposed Rule Making portion of this document.[^168]

67. **§ 80.209.** Section 80.209 of our Rules provides the frequency
    tolerance requirements applicable to transmitters.[^169] We agree
    with the USCG[^170] that the frequency tolerances of 1000, 3000, and
    5000, which were only applicable to transmitters approved before
    November 30, 1977 and are no longer permitted, and footnotes 3 and
    5, which set forth frequency tolerances applicable only until
    February 1, 1999, should be deleted as obsolete.

68. **§ 80.213.** Section 80.213 sets forth the modulation requirements
    for transmitters.[^171] The USCG is correct that the band limits in
    this section for radar transponder coast stations and variable
    frequency ship stations transponders should be expanded to 2900-3100
    and 9300-9500 MHz, consequential to previous allocation changes made
    in Section 2.106.[^172]

### Subpart F-Equipment Authorization for Compulsory Ships

69. Subpart F of Part 80 contains the rules on equipment authorization
    for compulsory ships. The Commission proposed no changes to
    Subpart F. However, the Task Force recommends deletion of Subpart F,
    arguing that it is obsolete and that Subpart W contains all the
    guidance required by compulsory vessels.[^173] The USCG concurs with
    the substantial deletion of this Subpart, but would retain Sections
    80.251 (scope of the rule, except for the references to
    radiotelegraph), 80.269 (technical requirements for watch receivers,
    except for references to H2A and H2B emissions), 80.271 (technical
    requirements for portable survival craft transceivers) and 80.273
    (refers reader to 80.825 for technical requirements for
    radar).[^174] After reviewing the Subpart F rules and the comments,
    we agree that many of the rules in Subpart F are obsolete and can be
    eliminated. However, we also concur with the USCG's view that
    Subpart F should not be removed in its entirety. Specifically, we
    will retain Subpart F, but we will eliminate Sections 80.253 through
    80.267 and modify Sections 80.251 and 80.269 as proposed by the
    USCG. In addition, we will amend Section 80.273 so that it no longer
    cross-references Section 80.825, which is being removed in
    conjunction with the deletion of Subpart Q, but instead provides a
    full description of our radar installation requirements and
    specifications. Finally, we have determined that existing Sections
    80.818 through 80.823 should be moved from Subpart Q to Subpart F to
    permit the deletion of Subpart Q.[^175] We believe the substance of
    these rules should be retained in Part 80 because they are drawn
    from requirements in the Communications Act.[^176]

### Subpart G-Safety Watch Requirements and Procedures

70. **§ 80.304.** The Task Force recommends that Section 80.304,[^177]
    which sets forth the watch requirements during specified silence
    periods, be deleted in its entirety.[^178] However, the USCG concurs
    only with the deletion of subsection (a), which deals with the watch
    requirement on telegraphy frequencies.[^179] We agree with the USCG
    that subsection (b), which provides the watch requirements for 2182
    kHz for ship stations operating on telephony on frequencies in the
    band 1605-3500 kHz, should be retained. As we stated above, insofar
    as non-GMDSS ships are still using 2182 kHz, the continued watch
    will result in interoperability between compulsory and
    non-compulsory vessels, thereby enhancing ship safety. Therefore, we
    will retain the 2182 kHz watch requirement in this section.

71. **§ 80.313.** The Task Force recommends[^180] that the frequencies
    for DSC, INMARSAT, and EPIRB be added to the chart of frequencies
    for use in distress contained in Section 80.313. We believe the
    addition of the specified frequencies to the chart of frequencies in
    Section 80.313 is unnecessary because all of the DSC calling
    channels are listed in a table in Section 80.359,[^181] and the
    operator does not have control over the selection of EPIRB and
    INMARSAT frequencies used for distress, and no public coast stations
    keep watch on these frequencies. These are closed systems, watched
    by COSPAS-SARSAT, on the one hand, and INMARSAT, on the other.
    Accordingly, we will limit our revision of the chart of frequencies
    in Section 80.313 to removal of the entries for 500 kHz and 8364
    kHz.[^182]

72. **§§ 80.314-80.316.** Sections 80.314, 80.315, 80.316 explain the
    format of the international radiotelegraphy and radiotelephone
    distress signals, distress calls and distress messages,
    respectively.[^183] The USCG recommends deletion of Sections 80.314
    and 80.315 in their entirety, and of Section 80.316(a),[^184] but
    the Task Force recommends deleting only the international
    radiotelegraphy signal and call sections, and retaining the
    radiotelephone signal and call sections.[^185] We concur with the
    deletion of Sections 80.314(a), 80.315(a), and 80.316(a) as they are
    clearly obsolete due to their references to international
    radiotelegraphy distress signals, distress calls, and distress
    messages, respectively. However, we do not believe the record
    supports deleting Sections 80.314 and 80.315 in their entirety.
    Inasmuch as these rules describe the Mayday procedures, which have
    not become obsolete, we believe that they should be retained and
    decline to delete them at this time. In addition, the Task Force
    suggests that we add the formats for DSC, INMARSAT and EPIRB
    signals, and DSC and INMARSAT calls and messages.[^186] However, we
    believe it is unnecessary to add the signals and calls recommended
    by the Task Force, because the rules at issue are intended to
    provide the formats for aural watchkeeping, whereas the DSC,
    INMARSAT and EPIRB signals will automatically be recognized by GMDSS
    equipment. We will also implement the USCG's recommendation that
    WRC-97 decisions pertaining to false distress alerts be incorporated
    herein.[^187]

### Subpart H-Frequencies

73. **§ 80.363.** Section 80.363 sets forth the frequencies for
    facsimile transmissions.[^188] The USCG notes that the table therein
    and footnote US296 to the Table of Frequency Allocations in Section
    2.106 are inconsistent with ITU Radio Regulation APS 17 Table of
    Frequencies assignable to ships for wideband, and proposes that
    these sections be amended accordingly.[^189] We agree and will
    implement both changes.

74. **§ 80.374.** Section 80.374 provides special provisions for
    frequencies in the 4000-4063 kHz and the 8000-8195 kHz bands shared
    with the fixed service.[^190] The USCG recommends that this section
    be reviewed for conformance to WRC actions, but has not provided or
    specified the WRC actions at issue.[^191] Other than a need to
    remove some obsolete text from the introductory paragraph of Section
    80.374, our review found no conflict with the international rules.
    Accordingly, we will revise the introductory paragraph but otherwise
    make no changes to this section.

75. **§ 80.375.** Section 80.375 describes the carrier frequencies
    assignable to radiodetermination stations.[^192] The USCG recommends
    that paragraphs (a)(1) and (2) be deleted as they apply to obsolete
    frequencies, and paragraphs (d)(2)(vii), (d)(3), and (d)(4) be
    deleted as they apply to obsolete transponders.[^193] Further, it
    proposes that paragraph (e) be replaced with "Search and Rescue
    Radar Transponder." We agree with the proposed deletions. We will
    also add a new SART section, which will permit SARTs to operate in
    the band 9200-9500 MHz in accordance with ITU-R Recommendation
    M.628-1.

76. **§ 80.383.** Section 80.383 describes the carrier frequencies
    available for use in the Coast Guard Vessel Traffic Services (VTS)
    systems.[^194] The Task Force recommends that this section be
    expanded with a new subsection to recognize the routine practice by
    which VTS operators ashore accept the distress watch on Channel 16
    on behalf of vessels within their jurisdiction which have shifted
    their VHF guard to the VTS sector frequency.[^195] It believes that
    the prescribed distress, VTS, and bridge-to-bridge watches often
    exceed the number of transceivers available. However, we decline to
    take any action here as we believe that Section 80.148 of our
    Rules[^196] adequately addresses the Task Force's concern.

### Subpart I-Station Documents

77. **§ 80.401.** Section 80.401 of our Rules lists the documents that
    Part 80 licensees are required to have.[^197] In the *Notice*, the
    Commission proposed to amend Section 80.401 to add publications
    appropriate for GMDSS ships.[^198] In response to this proposal, the
    Task Force recommended that the radio station categories which
    currently refer to vessels by reference to the applicable provisions
    in the Communications Act of 1934, e.g., "Telephone: Title III, Part
    II," be changed to describe the vessel type.[^199] SEA suggested
    that the Commission's intention was to add columns for the GMDSS
    Master Plan, NIMA Publication 117, and the Admiralty List of Radio
    Signals.[^200] We believe both of these changes are warranted in the
    interest of improving the clarity and utility of the table, and will
    implement them.

78. **§ 80.409.** Anderson proposes that we amend Section 80.409(a),
    which provides the general requirements for the establishment and
    maintenance of station logs, to allow for the electronic maintenance
    of logs with a final printout for file at the end of the
    voyage.[^201] He also recommends that we modify Section
    80.409(b)(1)(i), which requires that logs relating to a distress
    situation or disaster be retained for three years,[^202] to set the
    log requirements consistently for all logs at one or two
    years.[^203] We decline both suggestions. We believe action on
    electronic logs is unnecessary because our Rules do not limit the
    manner of log maintenance. We also are unconvinced that we should
    change the log retention requirements for distress cases. The longer
    period of log maintenance for distress cases is warranted to
    accommodate lengthy and time-consuming investigations.

### Subpart M-Stations in the Radiodetermination Service

79. **§ 80.605.** Sections 80.605(b), (c) and (d) of our Rules pertain
    to USCG coordination for ship transponders.[^204] The USCG points
    out that no manufacturer has applied for certification of
    transponders pursuant to these sections.[^205] Consequently, these
    transponder devices have never gone into general use since the
    adoption of these regulations. Furthermore, it asserts that the
    development of AIS equipment replaces the need for such
    transponders. Thus, the USCG recommends that these provisions be
    deleted and replaced by the following:

```{=html}
<!-- -->
```
(b) Coast station transponders (i.e. radar beacons, or racons) operating
    in the band 2900-3100 or 9300-9500 MHz shall meet the requirements
    of ITU-R Recommendation M.824-2. Applications for certification of
    these transponders must include a description of the technical
    characteristics of the equipment including the scheme of
    interrogation and the characteristics of the transponder response,
    and test results demonstrating the device meets each applicable
    requirement of this ITU-R recommendation.

(c) The use of ship station transponders in the band 2900-3100 or
    9300-9500 MHz other than those described in § 80.1085(a)(3) and §
    80.1095(b) is prohibited.

    We agree that this new text is appropriate, as GMDSS now requires
    the 9 GHz Radar Transponder, and will implement the proposed change.

### Subpart S-Compulsory Radiotelephone Installations for Small Passenger Boats

80. **§ 80.909.** Section 80.909(b) provides the technical requirements
    for single sideband (SSB) radios.[^206] The USCG recommends deletion
    of the reference therein to H3E emissions, which, as noted
    above,[^207] are no longer permitted, and of the last sentence of
    this subsection, which permitted SSBs installed before 1992 to be
    used until 1997.[^208] We agree with the USCG and will adopt the
    proposed changes.

### Subpart U-Radiotelephone Installations Required by the Bridge-to-Bridge Act

81. Subpart U of our Rules[^209] sets forth the regulations implementing
    the Bridge-to-Bridge Act.[^210] The Commission proposed no changes
    to Subpart U. Maritel, however, argues that vessels required to
    comply with GMDSS are also subject to the Bridge-to-Bridge
    Act.[^211] It believes that once Sea Area A1 is operational and
    GMDSS requirements are mandatory, Subpart U may be redundant of our
    GMDSS rules. The USCG disagrees with Maritel, and asserts that the
    need for shipmasters to instantly communicate by voice will always
    exist.[^212] It further asserts that thousands of vessels would be
    affected by Maritel's proposed change.[^213]

82. We disagree with Maritel's assertion that our rules pertaining to
    the Bridge-to-Bridge Act are redundant of our GMDSS rules. The
    Bridge-to-Bridge Act applies to vessels that are not subject to
    GMDSS. Thus, these regulations will be applicable to such vessels.
    In addition, we do not appear to have the authority to delete
    regulations implementing the Bridge-to-Bridge Act since the Act
    itself has not been repealed. Furthermore, even if Maritel's
    assertions are correct, we believe it would be premature to delete
    these rules prior to the full implementation of GMDSS, *i.e.,* the
    establishment of Sea Areas A1 and A2, especially since the time
    frame for such establishment is uncertain. Therefore, we take no
    action on Maritel's proposal.

83. The USCG additionally proposes that the following note be added to
    Section 80.1003:

Vessels operating in high level electromagnetic environments may
experience interference on bridge-to-bridge radiocommunications
frequencies which may preclude their ability to meet the requirements of
this Section; radiotelephone installations which meet the requirements
of RTCM 87-99/SC117-STD are designed to maintain successful reception in
such areas. That standard is available from the Radio Technical
Commission for Maritime Services (see http://www.rtcm.org).[^214]

The apparent purpose of this advisory note is to alert mariners who are
experiencing severe and disruptive interference on VHF channels that
radios which meet the RTCM requirements will provide better reception
and communication capabilities. While we agree with the USCG that this
note would be very helpful to mariners, we note that the addition of
this language to our rule would have no regulatory effect. Therefore, we
decline to amend Section 80.1003 as suggested. Nonetheless, since we
believe the note provides useful information, we will place it on our
website.

### Subpart V-Emergency Position Indicating Radiobeacons (EPIRBs)

84. **§ 80.1061.** Section 80.1061 provides the special requirements for
    406 MHz EPIRBs.[^215] The USCG recommends that the frequency
    reference to satellite EPIRBs in this and all sections of Part 80 be
    amended to read 406 MHz rather than 406.025 MHz.[^216] It believes
    such a change is warranted because new satellite EPIRB productions
    may be on frequencies in 3 kHz steps within the 406-406.1 MHz band
    to prevent saturation of the 406.025 MHz frequency. It further
    recommends that Section 80.1061(a) be revised to include the current
    version of the RTCM standard for 406 MHz EPIRBs, Version 2.1, August
    22, 2000.[^217] In addition, the USCG proposed that Section 80.1061
    be revised to specify that independent laboratories, rather than the
    USCG, verify the compliance of 406 MHz EPIRBs with RTCM standards,
    stating that this would streamline the authorization process.[^218]
    The Task Force recommends that the reference to the Commandant
    (G-MVI) be updated to (G-MSE).[^219]

85. We agree with the USCG that the 406.025 MHz reference is inaccurate.
    However, we also believe that a sole reference to 406 MHz is
    similarly inaccurate as it does not precisely describe the band,
    which will span from to 406.0-406.1 MHz. Therefore, we will amend
    our Rules to reflect the frequency reference to such EPIRBs as
    406.0-406.1 MHz. We will also implement the proposed RTCM reference
    update, and the Task Force's suggestion as to the Commandant
    reference. However, we decline to revise Section 80.1061 at this
    time to require that independent laboratories, in lieu of the USCG,
    be responsible for verifying the compliance of 406.0-406.1 MHz
    EPIRBs with RTCM standards. The current record on this issue does
    not support the USCG's assertion that such a change would streamline
    the authorization process. Therefore, given the potential public
    safety implications of changing the manner in which EPIRBs are
    tested for compliance with regulatory requirements, we decline to
    take such action at this time.

### Subpart W-Global Maritime Distress and Safety System (GMDSS)

86. **§ 80.1067.** Section 80.1067 of our Rules sets forth the ship
    station inspection requirements.[^220] Currently, it requires that
    ships have their GMDSS equipment inspected at least once every
    twelve months by an FCC-licensed technician holding a GMDSS Radio
    Maintainer's License. The Standards of Training, Certification and
    Watchkeeping (STCW) Convention contains stricter license
    requirements for such inspectors. Thus, the USCG recommends that
    this section be amended to be consistent with the STCW Convention,
    and require that such inspectors hold the First Class GROL.[^221] It
    argues that such a requirement is necessary because lives depend on
    this equipment operating properly.[^222] It recommends that
    inspectors be given eighteen months to comply with the stricter
    requirements.[^223] Because we believe that successful completion of
    our licensing requirements sufficiently demonstrates the competency
    of such inspectors, we decline to implement the USCG's proposal. We
    are not aware of any significant problem of malfunctioning equipment
    attributable to inadequate training of FCC-licensed inspectors.
    Given that not all persons who must hold a GMDSS Radio Maintainer's
    License are subject to the STCW requirements,[^224] and in the
    absence of record evidence to support a finding that adoption of the
    USCG's proposal would address an existing safety problem, we believe
    conforming our licensing requirements in this area with those of the
    STCW Convention would unnecessarily add to the burden of applicants
    for maintainer licenses who do not also need an STCW certification.

87. **§ 80.1069.** Section 80.1069 provides the definitions of the
    various Sea Areas.[^225] As presently written, the rule defines the
    Sea Areas in terms of their GMDSS equipment coverage. For example,
    Sea Area A1 is defined as the area within radiotelephone coverage of
    at least one VHF coast station.[^226] The USCG suggests that this
    section be rewritten to be more informative to a U.S. licensee and
    to be enforceable.[^227] For example, it suggests that the Sea Areas
    be expressed in distances from the U.S. coast.

88. We disagree with the USCG. The definitions of the various Sea Areas
    contained in our Rules are derived directly from the SOLAS
    Convention, which was responsible for the creation of these
    concepts, and hence, their definitions. Furthermore, one of the main
    purposes of this proceeding was to align our Rules with
    international ones. Amending our definitions in a manner that would
    create a conflict with international definitions is inconsistent
    with a goal of this proceeding. Therefore, we take no action on the
    USCG's proposal.

89. **§§ 80.1071 & 80.1074.** Section 80.1071(b)(3) allows for an
    exemption from certain GMDSS rules prior to February 1, 1999.[^228]
    Section 80.1074(b)(3) allows certain licenses to qualify one as a
    GMDSS maintainer until February 1, 1999.[^229] We agree with the
    USCG that we should delete these sections, since they were
    applicable only until dates which have passed.[^230]

90. Section 80.1074 requires vessels electing at-sea maintenance for
    their GMDSS equipment to carry at least one person who qualifies as
    a GMDSS radio maintainer.[^231] This person may also serve as GMDSS
    radio operator.[^232] The USCG does not concur with allowing the
    radio maintainer to also serve as radio operator.[^233] It believes
    that such a provision effectively precludes it from requiring these
    functions to be the responsibility of separate crewmembers. We
    disagree with the USCG that the GMDSS radio operator should not also
    be permitted to serve as radio maintainer. Maintenance at sea, in
    practice, is usually limited to repairing antenna mountings,
    cabling, fuse replacement and changing to a spare unit. We see no
    reason why the referenced functions need to be served by separate
    individuals. Nonetheless, we understand the USCG's concern, and
    hereby clarify that we do not intend to impede it from imposing its
    own staffing and manning requirements.

91. The Task Force comments that ships electing at-sea maintenance
    should be required to carry equipment repair manuals, manufacturer's
    recommended spare parts, and appropriate test equipment.[^234] We
    decline to take any action on the Task Force's proposal, however, as
    its suggested requirement is already contained in our Rules at
    Section 80.1105(f).[^235]

92. **§ 80.1073.** Section 80.1073(b)(6) sets forth the responsibilities
    for GMDSS radio operators and backups.[^236] The Task Force proposes
    that it be reworded to read "Responsible for ensuring that the
    ship's navigation position is entered into all installed DSC
    equipment, either automatically through a connected or integral
    navigation receiver, or manually at least every four hours when the
    ship is underway."[^237] The suggested change would merely serve to
    clarify that the navigation receiver may be connected or integral.
    Implementing the Task Force's proposal would permit the DSC,
    INMARSAT station, or satellite EPIRB to provide the ship's position
    with an integral navigation receiver. The proposed change will cover
    several alternative methods to ensure that the DSC alert message has
    an up-to-date position. Further, the change will clarify the rule.
    Therefore, we will adopt the Task Force's proposed language.

93. **§ 80.1075.** Section 80.1075 provides that, in accordance with the
    Radio Regulations, a record must be kept of all incidents connected
    with the radio communication service which appear to be of
    importance to safety of life at sea.[^238] Anderson comments that
    this requirement should be deleted because it is unnecessary, and
    inconsistent with Section 80.409(e),[^239] which attempts to reduce
    the burden of log keeping.[^240] We disagree with Anderson and
    believe that we should continue to require vessels to keep a record
    of radiocommunication incidents which appear to be of importance to
    safety of life at sea. While Section 80.409 does attempt to
    eliminate redundant and unnecessary log keeping chores, it in no way
    hints at eliminating this type of record. Furthermore, the Radio
    Regulations and Chapter V of SOLAS require this type of record
    keeping. Therefore, we take no action on Anderson's proposal.

94. **§§ 80.1077 & 80.359.** Anderson points out that there may be an
    inconsistency between Sections 80.1077 and 80.359.[^241] Section
    80.1077 allows MF-HF DSC frequencies to be used for routine calling
    purposes,[^242] whereas Section 80.359(a) lists only two
    frequencies, 156.525 MHz (VHF Channel 70) and MF 2177.0 kHz for
    routine, general purpose calling.[^243] Anderson further points out
    that Section 80.359(b) appears to deny the use of DSC distress
    frequencies for routine ship-to-ship calling.[^244] He asserts that
    this is confusing and should be clarified, so that it specifies
    whether routine DSC calls are allowed on MF-HF DSC frequencies, via
    elimination of the word "calling." He disagrees with a rule that
    would not allow for occasional routine calling on MF-HF DSC
    frequencies, and recommends a limitation of one call on any
    individual DSC frequency with a waiting period of fifteen to thirty
    minutes before making a second call on the same DSC frequency for
    routine purposes.[^245] RBAW agrees with these comments.[^246]

95. We agree that there may be an inconsistency between Sections 80.1077
    and 80.359(b). Our intention with regard to these sections, however,
    has been to prohibit routine calling on the DSC frequencies. Hence,
    we will amend the table at Section 80.1077, and hereby clarify that
    routine calling is not permitted on MF and HF DSC frequencies. We
    believe that Section 80.359(b) is presently clear on this issue, and
    that changes thereto are unnecessary.

96. With further respect to Section 80.1077, the USCG observes that
    footnote 8 concerning the frequency 490 kHz has expired and
    therefore should be deleted.[^247] The USCG also observes that
    footnote 9, which states, "Frequency 4209.5 kHz is not used in the
    United States (see 47 CFR 2.106 footnote 520A)," likewise should be
    deleted because the referenced footnote 520A no longer exists.[^248]
    We agree with the USCG that footnotes 8 and 9 are obsolete, and we
    will delete them.[^249]

97. **§ 80.1085.** Section 80.1085(a)(4) requires that compulsory ships
    carry a NAVTEX receiver.[^250] Section 80.1101(c)(1) provides the
    performance standards for such receivers.[^251] The Task Force
    recommends recognition, in these sections, of a type of NAVTEX
    receiver that has a visual display unit (VDU) instead of a
    printer.[^252] We understand the appeal of these units as they
    utilize less paper. Nevertheless, we decline to recognize NAVTEX
    receivers with VDU units at this time because the IMO does not
    recognize these devices for compulsory ships. It is our
    understanding that the ones used in Europe are limited to pleasure
    craft. Furthermore, performance standards and technical
    recommendations do not yet exist for such units. Therefore, we
    cannot recognize these units in our Rules at this time.

98. **§§ 80.1085-80.1093.** The USCG advises that Sections 80.1085
    through 80.1093 are difficult to interpret.[^253] It recommends that
    these regulations be replaced with simplified tables showing
    equipment required for each Sea Area, and offers assistance in
    developing these tables.[^254] Although we agree that simplified
    tables might be useful for readers, we decline to replace Sections
    80.1085-80.1093 with simplified tables. The existing tables were
    extracted from the SOLAS Convention and simplified tables will have
    no authoritative endorsement. Hence, we believe that any such tables
    should be reviewed and accepted by the IMO before being added to our
    Rules. Thus, we encourage the USCG to develop these tables and
    submit them to the IMO for endorsement.

99. **§ 80.1095.** Section 80.1095 sets forth the survival craft
    equipment requirements.[^255] The USCG asserts that paragraph (a)
    lacks clarity and proposes that it be replaced by the following:

\(a\) 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. If portable, two-way VHF radiotelephones must be stowed
in survival craft or in such locations that they can be rapidly placed
in any survival craft other than life rafts required by Regulation
111/26.1.4 of the SOLAS Convention. Fixed two-way VHF radiotelephone
installations in survival craft may also be used to meet this
requirement. Two-way VHF radiotelephone apparatus, portable or fixed,
must conform to performance standards as specified in Sec.
80.1101.[^256]

We disagree with the USCG. We fail to see how the proposed language,
which is almost identical to the existing language, clarifies the rule.
Furthermore, the language in this rule has been drawn directly from the
SOLAS regulations. Therefore, we take no action with regard to this
proposed change.

100. **§ 80.1099.** Section 80.1099 of the Rules sets forth the power
     supply requirements for ships.[^257] The USCG proposes that we
     amend Section 80.1099(h) to clarify that, under SOLAS regulation
     13, the "continuous supply" requirement mandated by Section
     80.1099(h) applies to a navigation receiver referred to in SOLAS
     regulation 18.[^258] Inasmuch as this requirement originates from
     SOLAS, we will adopt the USCG's suggestion.

101. **§ 80.1105.** Section 80.1105 of the Rules sets forth the
     maintenance requirements for ship equipment.[^259] The USCG
     proposes that we incorporate therein the SOLAS regulation requiring
     testing of satellite EPIRBs on board the ship or at an approved
     testing or servicing station, at intervals not exceeding twelve
     months for all aspects of operational efficiency, with particular
     emphasis on frequency stability, signal strength and coding.[^260]
     Inasmuch as this requirement originates from SOLAS, we will adopt
     the USCG's suggestion.[^261]

### Manufacture and Distribution of non-DSC Capable VHF Radios

102. Maritel asserts that our new rules will require that all vessels
     carry DSC compatible equipment.[^262] Maritel proposes that the
     regulations also impose an affirmative obligation on equipment
     manufacturers, and prohibit the distribution and/or sale of non-DSC
     capable VHF radios after the Coast Guard has declared that at least
     a meaningful portion of Sea Area A1 has been built.[^263] Because
     we have already addressed and implemented a similar proposal by the
     USCG in the earlier proceeding, we decline to take any further
     action here.[^264]

### Consolidation of Rules Regarding Distress Communications

103. Maritel believes that the current organization of the rules
     concerning safety communications is confusing and the rules should
     be consolidated.[^265] Maritel proposes that the safety and
     distress related communications rules found at Subpart W and
     Subpart G be consolidated into Subpart W, because both subparts
     specify similar procedures.[^266] While consolidation of our Rules
     is indeed a goal of this proceeding, we do not believe
     consolidation of Subparts G and W is appropriate at this time.
     Consolidation may leave some ships that are not subject to Subpart
     W, but which carry radiotelephone equipment, without appropriate
     provisions for distress communication guidance. While after the
     USCG establishes Sea Areas A1 and A2, it may be appropriate to
     evaluate whether to retain Subpart G, no action will be taken at
     this time.

### Automatic Switching of Distress Calls

104. Our Rules provide that GMDSS distress communications on the VHF
     band be originated or signaled on Channel 70.[^267] Once contact
     has been made, the distress communication must then switch to
     another pre-designated channel. Maritel proposes that the FCC
     require that DSC transceivers have the ability to automatically
     switch from Channel 70 to the pre-designated communications channel
     once the responding entity has acknowledged the distress
     signal.[^268] Under this proposal, however, an operator would still
     be able to manually switch the radio to the designated voice
     distress channel. The USCG is not opposed to this request, but
     states that any such automatic switching should be to Channel 16.
     Further, it suggests that once the operator in distress overrides
     automatic switching, no additional automatic switching should be
     permitted.[^269]

105. We disagree with imposing such a requirement on all DSC
     transceivers, as there appears to be no clear advantage to adding
     this requirement. Further, such a requirement could have a
     substantial impact on manufacturers, as well as on ships who fit
     more than one VHF-DSC radio, as all their radios would
     automatically switch unnecessarily in the event of receipt of a
     distress alert. Furthermore, the DSC radio protocol is designed to
     alarm on receipt of a distress call, and must be manually cleared
     so that someone will pay attention to the call. If automatic
     switching is mandated, it is unclear what will happen to the alarm,
     and ships will not know if the call is acknowledged or repeated.

### General Editorial Comments

106. The USCG recommends the following updates to names of international
     organizations, addresses, and ITU Radio Regulation numbering
     throughout Part 80.[^270]

-   CCIR (International Radio Consultative Committee) and CCIT should be
    changed to ITU-R (International Telecommunication Union
    Radiocommunications Sector) and ITU-T respectively.

-   ITU Radio Regulation Articles and Appendixes now have an S preceding
    the reference.

-   Change the address for the USCG AMVER office to AMVER Maritime
    Relations, USCG Battery Park Building, Room 201, New York, New York
    10004-1499.

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-   Change the address for Radio Technical Commission for Maritime
    Services (RTCM) to Suite 600, 1800 Diagonal Road, Alexandria, VA
    22314, [http://www.rtcm.org](http://www.rtcm.org/).

    We agree with the USCG's proposal, and will implement this proposal
    in our Rules where applicable.

# FURTHER NOTICE OF PROPOSED RULE MAKING

107. In response to our *Notice*, we received a number of comments and
     proposals that, if implemented, would result in significant changes
     to our Rules. We believe that it is appropriate to give interested
     parties an opportunity to comment on these proposals before we take
     any action thereon. Furthermore, it was not possible to determine
     the full impact of such changes with the information provided.

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

### Voluntary Restricted GMDSS License

109. The Task Force recommends that a restricted GMDSS license be
     established to fill a need for voluntary training by recreational
     vessel operators who will soon begin using VHF-DSC, but who are not
     required to hold any license or receive any training.[^271] It
     believes that the large number of these anticipated new users poses
     a serious false alarm threat to the safety system. Similarly, RBAW
     requests that consideration be given to establishing a restricted
     license to fill the need for voluntary training by recreational
     vessel operators and to fill the needs of U.S. citizens chartering
     recreational vessels in other countries that require such a license
     to operate a vessel equipped with DSC radios.[^272]

110. At this time, we decline to propose to establish an additional
     license to be issued to recreational vessel operators upon
     completion of a voluntary training course. License administration
     is an enormous task that is extremely taxing upon Commission
     resources. Furthermore, there is no precedent for such a license.
     Nonetheless, we recognize that there may be some need for
     recreational vessel operators chartering recreational vessels in
     other countries to demonstrate competency in the use of DSC
     equipment. We therefore seek additional information on the specific
     nature of this or similar needs of recreational vessel operators,
     as well as information on what other options may be available to
     these operators to meet such needs. We further seek comment on our
     tentative conclusion, and on other actions we can undertake to
     assist such operators with such a need.

### Coast Station Watches

111. Section 80.103(c) of our Rules requires that DSC acknowledgment of
     DSC distress and safety calls be made by designated coast stations
     in accordance with procedures contained in ITU-R Recommendation
     541.[^273] Maritel comments that this rule presumes the
     establishment of Sea Area A1, but no coast station presently has
     the ability to acknowledge DSC distress calls, and will not have
     this ability until the establishment of that Sea Area.[^274]
     Maritel asserts that the use of the term "designated coast station"
     as used in this section is not clearly defined, and assumes that
     this term will apply to the USCG or its designee. It would like us
     to clarify this term, and to clarify the entity that will have the
     authority to make such designations. Furthermore, because no entity
     currently has the ability to serve as a designated coast station
     and respond to DSC calls, Maritel suggests that Section 80.103(c)
     become effective only after a determination that Sea Area A1 is
     operational.

112. In response to Maritel's comments, the USCG replies that it
     supports a provision within the Commission's Rules that any coast
     station operating on Channel 70 have the ability and obligation to
     answer a distress call on Channel 70 if a USCG station does not or
     cannot answer such a call within the required time.[^275] It
     proposes that the obligation of a station answering such a call
     would be similar to existing obligations regarding the receipt of a
     distress and safety call over voice channels.[^276]

113. We believe that a decision on this issue cannot be made on the
     current record, and hereby request further comment on Maritel's and
     the USCG's respective proposals. We seek clarification of the
     parties' positions. Further, we seek comment on the Commission's
     authority to require public coast stations to conduct continuous
     safety watches, the economic impact of such a requirement on public
     coast stations, and the manner in which coast stations could relay
     distress communications to the USCG.

### Unattended Operations for Non-DSC Equipment

114. Section 80.179 of our Rules permits DSC transmitters to operate
     unattended.[^277] Maritel, which operates both DSC and non-DSC
     equipment, has requested that we extend Section 80.179 to non-DSC
     equipment by allowing the unattended operation of such equipment so
     long as the licensee has the ability to remotely terminate
     operations of the transmitter.[^278] We are not persuaded by
     Maritel's proposal. We are concerned that broadening Section 80.179
     might encourage potential abuse of the channel and could overload
     the channel beyond 0.1 Erlang[^279] as well as encourage adding
     scanning receivers to all ships operating with VHF. Also, we are
     concerned about the implications of acknowledging distress calls
     without any manual intervention. We seek comment on our tentative
     conclusion on Maritel's proposal, and the impact and implications
     thereof.

### Distress Frequency Signals

115. The USCG recommends that Section 80.203 of our Rules[^280] be
     amended to forbid ship stations from including any device or
     provision capable of transmitting any signal on a distress
     frequency unless specific provisions exist in the regulations
     authorizing such a signal.[^281] However, the Communications Act is
     very permissive about distress signals, and the effect of this
     proposal on manufacturers to put in tone signaling equipment is
     unclear. This proposal also appears to impede manufacturers from
     improving their equipment. Therefore, we seek public comment on the
     USCG's proposal to prevent ship stations from including any device
     capable of transmitting on a distress frequency without regulatory
     authorization. We are especially interested in receiving comments
     on the impact of such a rule on manufacturers, and whether such a
     rule would be consistent with the Communications Act.

     **5. Emission Classes**

116. Although we have determined that the current record does not
     support deletion of any emission classes from Section 80.205 or
     Section 80.207,[^282] we invite further comment on this issue.
     Commenters favoring the deletion of emission classes should explain
     the public interest benefits to be derived from such deletion. We
     are especially interested in receiving data or anecdotal evidence
     indicating whether the availability of these emission classes has
     caused actual interference to marine radio communications.

### 6. Use of Channels 75 and 76 for Port Operations {#use-of-channels-75-and-76-for-port-operations .unnumbered}

117. Section 80.373 describes the carrier frequencies assignable for
     ship-to-ship and ship-to-coast private communications.[^283] The
     USCG proposes that the table in Section 80.373(f) describing the
     carrier frequencies available in the 156-162 MHz band for
     radiotelephone communications be amended to include Channels 75
     (156.775 MHz) and 76 (156.825 MHz).[^284] The USCG further proposes
     that these channels, which are currently designated in our Rules as
     guard bands for Channel 16 (156.800 MHz) and thus unavailable for
     use,[^285] should be made available for navigation-related port
     operations or ship movement only, that transmitter output power
     should be limited to one watt for ship stations and ten watts for
     coast stations, and that we should require that all precautions be
     taken to avoid harmful interference to Channel 16.[^286] Finally,
     the USCG recommends that the table heading for Channel 22A be
     amended to read "Liaison and Safety Broadcasts, U.S. Coast Guard"
     to reflect how the frequency is being used. We tentatively agree
     with all of the USCG proposals to amend Section 80.373(f) and
     propose to amend the rule accordingly.

118. Section 80.215 of our Rules contains the requirements for
     transmitter power.[^287] In conjunction with its proposal to make
     Channels 75 and 76 available for navigation-related port operations
     or ship movement, the USCG also proposes that we amend Section
     80.215(g)(3) to require that transmitters reduce the carrier power
     to one watt or less when the transmitter is tuned to Channel 75 or
     76, with no manual override capability.[^288] We seek comment on
     this proposal. We are specifically interested in whether the
     carrier power should be limited to one watt, under what
     circumstances should more than one watt be allowed, and how we can
     assure that there will be no interference to Channel 16. We are
     also concerned with the impact of such a rule on manufacturers, and
     seek comment on whether all new radios should be required to have
     the two new channels proposed by the USCG. Further, we are
     interested in receiving suggestions on appropriate grandfathering
     clauses, should the new transmitter power and channel addition
     proposals be implemented. Finally, we seek comment on whether we
     should narrowband these channels to relieve the strain of any
     perceived deficiencies in the number of available marine channels.

### 7. Digital Selective Calling Equipment {#digital-selective-calling-equipment .unnumbered}

119. **§ 80.225.** Section 80.225 contains the requirements for
     selective calling equipment.[^289] The USCG recommends that this
     section be amended to incorporate the RTCM Special Committee 101's
     Recommended Practices for Digital Selective Calling Equipment
     Design and Implementation. It recommends that the following
     language be added to Section 80.225(a):[^290]

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(i) allow the operator to disable any automatic radiotelephone channel
    switching function,

(ii) allow the operator the option of manually acknowledging any call,

(iii) not allow the automatic composition of a distress relay alert
      whose acknowledgement had already been received,

(iv) automatically erase any position information not updated for more
     than 23 ½ hours,

(v) explicitly prohibit the offering of wrong identities in relay
    messages,

(vi) ensure that default selections in a displayed menu requesting
     input, when allowed, should at a minimum follow ITU-R
     Recommendation M.541. A default selection shall never cause an
     improper or illegal operation.

     RBAW concurs with these recommendations.[^291] In addition, SEA
     points out that the CCIR reference in paragraph (c)(2) should refer
     instead to ITU-Recommendation M.493.[^292] We tentatively agree
     with these suggestions, and seek comment on the proposed amendment
     to Section 80.225 set forth in Appendix C. We note, however, that
     this rule is applicable to all selective calling equipment, not
     just digital selective calling equipment, so the proposed change
     would also affect manufacturers of basic selective calling
     equipment (such as Necode in the Gulf). Commenters should address
     whether and, if so, to what extent existing equipment should be
     grandfathered if this proposal is adopted. In addition, commenters
     are invited to address whether further amendments to Section 80.225
     are warranted in light of continued revisions to DSC requirements
     being considered by both the ITU and the IEC.

### 8. Distress Call and Message Transmission Procedures {#distress-call-and-message-transmission-procedures .unnumbered}

120. **§§ 80.320-80.329.** Sections 80.320 through 80.326 provide the
     radiotelephone and radiotelegraph distress call and message
     transmission procedures.[^293] Sections 80.327 through 80.329
     describe urgency signals and messages, and safety signals.[^294]
     The Task Force recommends that these sections be edited to
     incorporate DSC and GMDSS procedures.[^295] We seek further comment
     on this proposal. At present, our distress call and message
     transmission procedures are consistent with international
     procedures. We expect that the ITU will soon address the issue of
     whether there is a continued need to have provisions in the
     international Radio Regulations that specify radiotelegraph
     distress call and message transmission procedures, and question
     whether we should await the results of the international
     deliberations before making any changes on this subject in our own
     rules. Interested parties who favor amending these rules,
     irrespective of the timing and outcome of ITU consideration of this
     matter, should propose specific language for the rules.

### 9. INMARSAT-E EPIRBs {#inmarsat-e-epirbs .unnumbered}

121. INMARSAT-E EPIRBs transmit a distress signal to INMARSAT
     geostationary satellites which includes a registered identity
     similar to that of the 406.0-406.1 MHz EPIRB and a location derived
     from a GPS navigational satellite receiver inside the EPIRB.
     Operating in the 1.6 GHz frequency band, INMARSAT-E EPIRBs may be
     detected anywhere in the world between 70 degrees North latitude
     and 70 degrees South latitude. Since geostationary satellites are
     used, alerts are transmitted nearly instantly to a rescue
     coordination center associated with the INMARSAT coast earth
     station receiving the alert. The Task Force recommends that we
     amend our rules to permit the use of INMARSAT-E EPIRBs by U.S.
     vessels operating solely within the INMARSAT coverage footprint,
     provided that the INMARSAT-E EPIRB incorporates a 121.5 MHz homing
     capability, a strobe light, and an integral GPS receiver.[^296] The
     USCG has no objection to permitting the use of INMARSAT-E EPIRBs,
     provided that the INMARSAT-E EPIRB, alone or in conjunction with
     the system within which it functions,

-   provides for locating (homing) on 121.5 MHz;

-   includes a strobe light which complies with RTCM Recommended
    Standards for 406 MHz EPIRBs, Version 2.1, August 22, 2000;

-   requires a suitable two-step means of activation which complies with
    the RTCM standard;

-   if intended for automatic activation, is designed to operate
    automatically only when the beacon is both out of its mounting
    bracket and submerged in water, in compliance with the RTCM
    standard;

-   is capable of providing regular non-manual position updates after
    the beacon floats free;

-   has an associated registration database that fully complies with the
    data requirements of IMO Assembly Resolution A.887(21); and

-   complies with IEC 61097-5 Ed. 1.0, Global maritime distress and
    safety system (GMDSS) --\
    Part 5: INMARSAT-E EPIRB operating throughout the INMARSAT system --
    Operational and performance requirements, methods of testing and
    required test results.[^297]

If we do authorize use of INMARSAT-E EPIRBs, the USCG adds, Section
80.1085(a)(6) of the Rules should be amended to mandate annual testing,
as is required for 406.0-406.1 MHz EPIRBs.[^298] We invite comment on
the Task Force and USCG proposals to authorize the use of INMARSAT-E
EPIRBs. Interested parties should address whether the conditions set
forth above are necessary and sufficient, and may suggest additional
conditions.

### 10. Small Passenger Vessels {#small-passenger-vessels-1 .unnumbered}

122. **§ 80.905(a).** In the *Notice*, the Commission proposed to amend
     Section 80.905(a)(1)-(4) to require that VHF and MF radios required
     in these sections be DSC-equipped.[^299] The USCG concurs but
     states that the class of DSC equipment needs to be specified.[^300]
     It specifically recommends that the DSC-equipped VHF radios
     described in this section meet ITU-R Rec. M.493 (series) Class A, B
     or D for VHF and Class A, B or E for MF. The Task Force agrees with
     the Commission's proposal and recommends that the upgrade to
     VHF-DSC occur within one year after the USCG declares Sea Area A1
     operational and to MF-DSC within one year after the USCG declares
     Sea Area A2 operational.[^301] This is a major change that would
     affect numerous passenger ships. We therefore seek further comment
     on whether these changes should be implemented. We are specifically
     concerned with whether such a rule would be appropriate given that
     DSC is GMDSS equipment, and small passenger vessels are not covered
     by our GMDSS rules.

123. Section 80.905(a)(3)(iii)(A) and (a)(4)(iii)(A) requires ships
     operating over one hundred nautical miles from shore to carry SSB
     radios.[^302] The USCG recommends that newly fitted SSB radios
     required in these sections be DSC-equipped in accordance with ITU-R
     Rec. (series) M.493 Class A, B or E.[^303] It believes this
     requirement should be implemented because while ships operating on
     an HF receiver may not be able to reliably contact the USCG on
     these radios in an emergency due to a lack of coast stations
     receiving such transmissions, the USCG has implemented HF-DSC
     capability at various coast communications stations. With regard to
     vessels operating over two hundred nautical miles from shore, the
     Task Force does not believe such vessels should be permitted to use
     an SSB radio in lieu of the HF-DSC channels prescribed for
     GMDSS.[^304] We seek further comment on these changes for the same
     reasons applicable to our Section 80.905(a) proposal discussed
     above.

124. Section 80.905(a)(3)(iii)(B), (a)(4)(iii)(B) permits ships
     operating more than one hundred nautical miles from shore to carry
     INMARSAT ship earth stations instead of an SSB radio.[^305] The
     USCG recommends that this section be revised to limit the ship
     earth stations authorized under this section to INMARSAT A
     (existing units only), B, C or M.[^306] It reasons that such a
     requirement is necessary because the other INMARSAT units available
     for purchase do not have distress calling functions. We seek
     comment on this proposal.

125. Section 80.905(a)(3)(iv), (4)(iv) mandates vessels required to
     carry SSB radios to also carry reserve power supplies capable of
     powering SSB radios.[^307] In order to maintain consistency with
     changes to Section 80.1099, which deals with the testing of battery
     chargers, the USCG proposes the addition of the words "including
     the navigation receiver referred to in § 80.905(a)(5)" at the end
     of these subparagraphs.[^308] The USCG also proposes the addition
     of a new paragraph (a)(5) to Section 80.905, to state "All vessels
     must additionally meet the requirements of Section
     80.1085(e)."[^309] It reasons that the same requirements for
     updating position information used in automated distress alerting
     systems proposed by the Commission in Section 80.1085 are
     applicable to this subpart as well. We seek public comment on these
     proposals, as such changes would impose a GMDSS requirement on
     these small passenger vessels.

### 11. GMDSS Rules {#gmdss-rules .unnumbered}

126. **§ 80.1073.** The USCG proposes that we add to Section 80.1073 a
     specific requirement that on passenger ships, at least one
     qualified person must be assigned to perform only radio
     communications duties during distress situations.[^310] We invite
     comment on this proposal. We ask commenters to consider whether the
     proposed amendment is necessary in light of existing Section
     80.1073(b)(1), which mandates that a qualified GMDSS radio operator
     be available to act as a dedicated radio operator in cases of
     distress on all ships subject to GMDSS requirements.[^311]

127. **§ 80.1083.** Section 80.1083 provides the requirements for ship
     radio installations.[^312] The USCG recommends that we add the
     following requirements to this section, in order to incorporate new
     SOLAS regulations:[^313]

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4.  In passenger ships, a distress panel shall be installed at the
    conning position. This panel shall contain either one single button
    which, when pressed, initiates a distress alert using all
    radiocommunications installations required on board for that purpose
    or one button for each individual installation. The panel shall
    clearly and visually indicate whenever any button or buttons have
    been pressed. Means shall be provided to prevent inadvertent
    activation of the button or buttons. If the satellite EPIRB is used
    as the secondary means of distress alerting and is not remotely
    activated, it shall be acceptable to have an additional EPIRB
    installed in the wheelhouse near the conning position.

5.  In passenger ships, information on the ship's position shall be
    continuously and

> automatically provided to all relevant radiocommunications equipment
> to be included in the initial distress alert when the button or
> buttons on the distress panel is pressed.

6.  In passenger ships, a distress alarm panel shall be installed at the
    conning position. The distress alarm panel shall provide visual and
    aural indication of any distress alert or alerts received on board
    and shall also indicate through which radiocommunication service the
    distress alerts have been received.

    We tentatively agree, and seek comment on the proposed amendment to
    Section 80.1083 set forth in Appendix C.

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128. **§ 80.1085.** The USCG proposes incorporating into Section 80.1085
     the SOLAS requirement that every passenger ship be provided with
     means for two-way on-scene radiocommunications for search and
     rescue purposes using the aeronautical frequencies 121.5 and 123.1
     MHz from the position from which the ship is normally
     navigated.[^314] We tentatively agree with this recommendation, and
     seek comment on the proposed amendment to Section 80.1085 set forth
     in Appendix C.

### 12. Electronic Mail Requests {#electronic-mail-requests .unnumbered}

129. The Task Force recommends that we allow e-mail as a permitted mode
     for making official requests and reports required under Part 80 of
     our Rules.[^315] We hereby solicit comments on this proposal.
     Interested persons should comment on whether we should allow such
     requests and, if so, specifically what types of requests should be
     allowed. They should also explain any basis for adopting such a
     rule for Part 80, instead of addressing the issue more broadly.

### 13. Tabular Listings of Part 80 Frequencies {#tabular-listings-of-part-80-frequencies .unnumbered}

130. We invite comment on whether we should continue our practice of
     listing carrier frequencies rather than assigned frequencies in the
     frequency tables in our Part 80 rules.[^316] Although the carrier
     frequency is the frequency actually used by a licensee, the
     assigned frequency, which differs from the carrier frequency when
     emissions with a suppressed carrier are transmitted, is the
     frequency identified on the license. We are concerned that listing
     carrier frequencies alone may lead to some confusion. Commenters
     should address the relative benefits of listing carrier
     frequencies, assigned frequencies or both frequencies in the Part
     80 tables.

### Examination Requirements for GMDSS Radio Operators

131. We propose to further modify our commercial radio operator license
     examination requirements for GMDSS operators. Currently, Section
     13.203(a)(5) of the Rules provides that the written examination for
     Element 7, GMDSS radio operating practices, shall consist of 76
     questions.[^317] Based on our experience in updating the question
     pool for Element 7,[^318] we believe a 100-question examination for
     Element 7 would provide a better assessment of whether applicants
     have the necessary breadth of knowledge to qualify as a GMDSS
     operator. We therefore propose to amend Section 13.203(a)(5) to
     mandate a 100-question examination for Element 7, and we invite
     comment on this proposal. We also invite suggestions regarding the
     appropriate number of questions for the written examination for new
     Element 7R that will be associated with the restricted GMDSS Radio
     Operator's License that we have established in this
     proceeding.[^319] Commenters may also propose language to be
     included in Section 13.203 prescribing the matters to be covered by
     the Element 7R questions.

### 15. Cross-references {#cross-references .unnumbered}

132. Finally, we note that Section 80.1103 of the Rules contains
     cross-references to Sections 2.975 and 2.983 of the Rules.[^320]
     Those Part 2 Rules were deleted, however, effective October 5,
     1998.[^321] We request comment on how we should revise Section
     80.1103 to reflect the removal of Sections 2.975 and 2.983. In
     addition, we ask commenters to identify other rules in Part 80 that
     may have obsolete or inaccurate cross-references, and to suggest
     how those rules should be revised.

## V. REGULATORY MATTERS {#v.-regulatory-matters .unnumbered}

## A. Ex Parte Rules - Permit-But-Disclose Proceeding {#a.-ex-parte-rules---permit-but-disclose-proceeding .unnumbered}

133. This is a permit-but-disclose notice and comment rule making
     proceeding. *Ex parte* presentations are permitted, except during
     the Sunshine Agenda period, provided they are disclosed as provided
     in our Rules.[^322]

## Final Regulatory Flexibility Certification 

134. The Regulatory Flexibility Act (RFA)[^323] requires that an agency
     prepare a regulatory flexibility analysis for notice and comment
     rulemakings, unless the agency certifies that "the rule will not,
     if promulgated, have a significant economic impact on a substantial
     number of small entities."[^324] The RFA generally defines the term
     "small entity" as having the same meaning as the terms "small
     business," "small organization," and "small governmental
     jurisdiction."[^325] In addition, the term "small business" has the
     same meaning as the term "small business concern" under the Small
     Business Act.[^326] A small business concern is one that: (1) is
     independently owned and operated; (2) is not dominant in its field
     of operation; and (3) satisfies any additional criteria established
     by the SBA.[^327]

135. The purpose of this *Report and Order and Further Notice of
     Proposed Rule Making* is to streamline and clarify our Rules under
     Parts 13 and 80 governing maritime communications. We believe that
     the rules adopted in the *Report and Order* do not impose any
     additional compliance burden on small entities regulated by the
     Commission.

136. We have identified those small entities that could conceivably be
     affected by the rule changes adopted herein. Small businesses in
     the aviation and marine radio services use a marine very high
     frequency (VHF) radio, any type of emergency position indicating
     radio beacon (EPIRB) and/or radar, a VHF aircraft radio, and/or any
     type of emergency locator transmitter (ELT). The Commission has not
     developed a definition of small entities specifically applicable to
     these small businesses. For purposes of this certification,
     therefore, the applicable definition of small entity is the
     definition under the SBA rules applicable to radiotelephone
     (wireless) communications. This definition is that a "small entity"
     for purposes of public coast station licensees, a subgroup of
     marine radio users, is any entity employing 1,500 or fewer persons.
     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 marine radio service providers and users
     that are small businesses, we have used the 1992 Census of
     Transportation, Communications, and Utilities, conducted by the
     Bureau of the Census, which is the most recent information
     available. This document shows that 12 radiotelephone firms out of
     a total of 1,178 such firms which operated in 1992 had at least
     1,000 employees.

137. The adopted rules may also affect small businesses that manufacture
     marine radio equipment. The Commission has not developed a
     definition of small entities applicable to Radio Frequency
     Equipment Manufacturers (RF Manufacturers). Therefore, the
     applicable definition of small entity is the definition under the
     SBA rules applicable to manufacturers of "Radio and Television
     Broadcasting and Communications Equipment." According to the SBA
     regulations, an RF manufacturer must have 750 or fewer employees in
     order to qualify as a small business. 13 C.F.R. § 121.201, North
     American Industrial Classification System (NAICS) Code 33422.
     Census Bureau data indicate that there are 858 companies in the
     United States that manufacture radio and television broadcasting
     and communications equipment, and that 778 of these firms have
     fewer than 750 employees and would be classified as small entities.

138. We anticipate that these rule changes will not impose any new
     burdens on small entities, but in fact will reduce regulatory and
     procedural burdens on small entities. For example, the
     incorporation by reference into our Rules of updated technical
     requirements for maritime radio equipment, *i.e*., modified
     International Electrotechnical Commission (IEC) standards, can be
     expected to ultimately reduce compliance costs for ship owners and
     manufacturers because it avoids inconsistency between domestic and
     international requirements, providing internationally recognized
     criteria and test procedures for certification of GMDSS
     equipment.[^328] Moreover, to mitigate any potential compliance
     burden on manufacturers and ship owners that could stem from a
     sudden change in the standards, we established grandfathering
     provisions that allow the installation of equipment meeting the old
     standards for a significant period of time after the effective date
     of these rules.[^329] More broadly speaking, the general effect of
     the rule changes adopted herein is to streamline the rules, remove
     duplicative requirements, provide greater operational flexibility,
     promote spectrum efficiency, and make our rules consistent with
     international requirements, all of which are measures that should
     have an overall beneficial effect on the regulated entities.[^330]
     We certified in the *Notice of Proposed Rule Making* in this
     proceeding that the rules proposed therein will not, if
     promulgated, have a significant economic impact upon a substantial
     number of small entities, as that term is defined by the RFA,[^331]
     and no party has challenged or otherwise commented on that
     certification.[^332]

139. We therefore certify that the requirements of this *Report and
     Order* will not have a significant economic impact upon a
     substantial number of small entities, as that term is defined by
     the RFA.

140. The Commission will send a copy of this *Report and Order*,
     including a copy of this final certification, in a report to
     Congress pursuant to the Congressional Review Act.[^333] In
     addition, the *Report and Order* and this final certification will
     be sent to the Chief Counsel for Advocacy of the Small Business
     Administration, and will be published in the Federal Register.
     [^334]

141. To fully ensure that potential compliance burdens on small entities
     are fully explored, however, we have determined not to act
     immediately on certain proposals set forth in the *NPRM* or raised
     by commenters, but instead to seek further comment on those
     proposals. These matters are discussed in the *Further Notice of
     Proposed Rule Making*.[^335] Appendix D contains an Initial
     Regulatory Flexibility Analysis (IRFA) with respect to the *Further
     Notice of Proposed Rule Making*. As required by the RFA, the
     Commission has prepared an analysis of the possible impact on small
     entities of the proposed rules set forth in this document. Written
     public comments are requested on the IRFA. These comments must be
     filed in accordance with the same filing deadlines as comments on
     the rest of the *Further Notice of Proposed Rule Making*, but they
     must have a separate and distinct heading designating them as
     responses to the IRFA. The Commission's Consumer Information
     Bureau, Reference Information Center, will send a copy of this
     *Further Notice of Proposed Rule Making*, including the IRFA, to
     the Chief Counsel for Advocacy of the Small Business Administration
     in accordance with the Regulatory Flexibility Act.

## Comment Dates 

142. Pursuant to Sections 1.415 and 1.419 of our Rules, 47 C.F.R. §§
     1.415, 1.419, interested parties may file comments on or before
     \[90 days after Federal Register publication\] and reply comments
     on or before \[120 days after Federal Register publication\].
     Comments may be filed using the Commission\'s Electronic Filing
     System (ECFS) or by filing paper copies.[^336]

143. Comments filed through the ECFS can be sent as an electronic file
     via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>.
     Generally, only one copy of an electronic submission must be filed.
     If multiple docket or rulemaking numbers appear in the caption of
     this proceeding, however, commenters must transmit one electronic
     copy of the comments to each docket or rulemaking number referenced
     in the caption. In completing the transmittal screen, commenters
     should include their full name, Postal Service mailing address, and
     the applicable docket or rulemaking number. Parties may also submit
     an electronic comment by Internet e-mail. To get filing
     instructions for e-mail comments, commenters should send an e-mail
     to ecfs@fcc.gov, and should include the following words in the body
     of the message, \"get form \<your e-mail address\>.\" A sample form
     and directions will be sent in reply. Parties who choose to file by
     paper must file an original and four copies of each filing. If more
     than one docket or rulemaking number appears in the caption of this
     proceeding, commenters must submit two additional copies for each
     additional docket or rulemaking number. All filings must be
     addressed to the Commission\'s Acting Secretary, William F. Caton,
     Office of the Secretary, Federal Communications Commission, 445
     12th St., S.W., Washington, D. C. 20554. Filings can be sent first
     class by the U.S. Postal Service, by an overnight courier or hand
     and message-delivered. Hand and message-delivered paper filings
     must be delivered to 236 Massachusetts Avenue, N.E., Suite 110,
     Washington, DC 20002. Overnight courier (other than U.S. Postal
     Service Express Mail and Priority Mail) must be sent to 9300 East
     Hampton Drive, Capitol Heights, MD 20743.

144. Parties who choose to file by paper should also submit their
     comments on diskette. These diskettes should be submitted to:
     Jeffrey Tobias, Esq., Public Safety and Private Wireless Division,
     Wireless Telecommunications Bureau, 445 12th St., S.W., Room
     2-C828, Washington, D.C. 20554. Such a submission should be on a
     3.5 inch diskette formatted in an IBM compatible format using
     Microsoft Word 97 or compatible software. The diskette should be
     accompanied by a cover letter and should be submitted in \"read
     only\" mode. The diskette should be clearly labeled with the
     commenter\'s name, proceeding (including the lead docket number in
     this case, WT Docket No. 00-48), type of pleading (comment or reply
     comment), date of submission, and the name of the electronic file
     on the diskette. The label should also include the following phrase
     \"Disk Copy - Not an Original.\" Each diskette should contain only
     one party\'s pleadings, preferably in a single electronic file. In
     addition, commenters should send diskette copies to the
     Commission\'s copy contractor, Qualex International, Inc., 445 12th
     Street, S.W., Room CY-B402, Washington, D.C. 20054.

## Paperwork Reduction Act

145. This *Report and Order and Further Notice of Proposed Rule Making*
     does not contain any new or modified information collection.

## Ordering Clauses

146. Accordingly, IT IS ORDERED that, 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 2,
     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.

147. 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 *Further Notice of Proposed Rule
     Making* IS HEREBY ADOPTED, and NOTICE IS HEREBY GIVEN of the
     proposed regulatory changes described in the *Further Notice of
     Proposed of Rule Making* and contained in Appendix C.

148. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
     Bureau, Reference Information Center, SHALL SEND a copy of this
     *Report and Order and Further Notice of Proposed Rule Making*,
     including the Regulatory Flexibility Certification and Initial
     Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
     of the Small Business Administration.

## F. Further Information {#f.-further-information .unnumbered}

149. For further information, contact Jeffrey Tobias, <jtobias@fcc.gov>,
     or Ghassan Khalek, gkhalek@fcc.gov, Policy and Rules Branch, Public
     Safety and Private Wireless Division, Wireless Telecommunications
     Bureau, (202) 418-0680, or TTY (202) 418-7233.

150. Alternative formats (computer diskette, large print, audiocassette
     and Braille) are available to persons with disabilities by
     contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or
     at bmillin@fcc.gov. This *Report and Order and Further Notice of
     Proposed Rule Making* can also be downloaded at:
     http://www.fcc.gov/dtf/.

FEDERAL COMMUNICATIONS COMMISSION

William F. Caton

Acting Secretary

APPENDIX A

**Parties Submitting Comments and Reply Comments in WT Docket No.
00-48**

The following list contains the names of parties filing comments and
reply comments in response to the Notice of Proposed Rule Making in WT
Docket No. 00-48

**Comments**

Owen Anderson (Anderson)

Alaska Fishing Fleet

Globalstar, L.P. (Globalstar)

Globe Wireless, Inc. (Globe)

Maritel, Inc. (Maritel)

National GMDSS Implementation Task Force (Task Force)

National Oceanic and Atmospheric Administration (NOAA)

Radio Technical Commission for Maritime Services (RTCM)

Recreational Boating Association of Washington (RBAW)

SEA Inc. of Delaware (SEA)

Tideland Signal Corporation (Tideland)

Trident Seafoods Corporation (Trident)

United States Coast Guard (USCG)

**Reply Comments**

Maritel

Leonard Robert Raish, Attorney-At-Law

RBAW

Tideland

USCG

**APPENDIX B**

**Final Rules**

Chapter I of Title 47 of the Code of Federal Regulations, Parts 2, 13
and 80, is amended as follows:

**I. PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C. §§ 154, 302a, 303, and 336, unless otherwise
noted.**

2\. Section 2.106 is amended by revising footnote US296 to read as
follows:

**§ 2.106 Table of Frequency Allocations.**

\* \* \* \* \*

US296 In the bands designated for ship wide-band telegraphy, facsimile
and special transmission systems, the following assignable frequencies
are available to non-Federal Government stations on a shared basis with
Federal Government stations: 2070.5 kHz, 2072.5 kHz, 2074.5 kHz, 2076.5
kHz, 4154 kHz, 4170 kHz, 6235 kHz, 6259 kHz, 8302 kHz, 8338 kHz, 12370
kHz, 12418 kHz, 16551 kHz, 16615 kHz, 18848 kHz, 18868 kHz, 22182 kHz,
22238 kHz, 25123 kHz, and 25159 kHz.

\* \* \* \* \*

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

1\. The authority citation for Part 13 continues to read as follows:

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

2\. Section 13.7 is amended by revising paragraph (b), redesignating
paragraph (b)(9) as (b)(10), and adding a new paragraph (b)(9) to read
as follows:

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

\* \* \* \* \*

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

\* \* \* \* \*

\(9\) Restricted GMDSS Radio Operator's License (restricted operator\'s
certificate).

\* \* \* \* \*

3.  Section 13.9 is amended by revising paragraphs (b)(1) and (c) to
    read as follows:

§ 13.9 Eligibility and application for new license or endorsement.

\* \* \* \* \*

(b)(1) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator\'s Certificate, Second Class Radiotelegraph Operator\'s
Certificate, Third Class Radiotelegraph Operator\'s Certificate, Ship
Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
Operator\'s License, Restricted GMDSS Radio Operator's License, GMDSS
Radio Maintainer\'s License and GMDSS Radio Operator/Maintainer must be
filed on FCC Form 605 in accordance with § 1.913 of this chapter.

\* \* \* \* \*

\(c\) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator\'s Certificate, Second Class Radiotelegraph Operator\'s
Certificate, Third Class Radiotelegraph Operator\'s Certificate, Ship
Radar Endorsement, GMDSS Radio Operator\'s License, Restricted GMDSS
Radio Operator's License, GMDSS Radio Maintainer\'s License, or GMDSS
Radio Operator/Maintainer License must be accompanied by the required
fee, if any, and submitted in accordance with § 1.913 of this chapter.
The application must include an original PPC(s) from a COLEM(s) showing
that the applicant has passed the necessary examinations element(s)
within the previous 365 days when the applicant files the application.
If a COLEM files the application electronically on behalf of the
applicant an original PPC(s) is not required. However, the COLEM must
keep the PPC(s) on file for a period of 1 year.

\* \* \* \* \*

4\. Section 13.13 is amended by revising paragraph (a), redesignating
paragraph (d) as (e), and adding a new paragraph (d) 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, Third
Class Radiotelegraph Operator\'s Certificate, Marine Radio Operator
Permit, GMDSS Radio Operator\'s License, Restricted GMDSS Radio
Operator's License, GMDSS Radio Maintainer\'s License, or GMDSS Radio
Operator/Maintainer License 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.

\* \* \* \* \*

\(d\) Provided that a person\'s commercial radio operator license was
not revoked, or suspended, and is not the subject of an ongoing
suspension proceeding, a person holding a General Radiotelephone
Operator License, Marine Radio Operator Permit, First Class
Radiotelegraph Operator\'s Certificate, Second Class Radiotelegraph
Operator\'s Certificate, Third Class Radiotelegraph Operator\'s
Certificate,

GMDSS Radio Operator\'s License, Restricted GMDSS Radio Operator
License, GMDSS Radio Maintainer\'s License, or GMDSS Radio
Operator/Maintainer license, who has an application for another
commercial radio operator license which has not yet been acted upon
pending at the FCC and who holds a PPC(s) indicating that he or she
passed the necessary examination(s) within the previous 365 days, is
authorized to exercise the rights and privileges of the license for
which the application is filed. This temporary conditional operating
authority is valid for a period of 90 days from the date the application
is received. This temporary conditional operating authority does not
relieve the licensee of the obligation to comply with the certification
requirements of the Standards of Training, Certification and
Watchkeeping (STCW) Convention. The FCC, in its discretion, may cancel
this temporary conditional operating authority without a hearing.

\* \* \* \* \*

5\. Section 13.17 is amended by revising paragraph (b) to read as
follows:

**§ 13.17 Replacement license.**

\* \* \* \* \*

\(b\) Each application for a replacement General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator\'s Certificate, Second Class Radiotelegraph Operator\'s
Certificate, Third Class Radiotelegraph Operator\'s Certificate, GMDSS
Radio Operator\'s License, Restricted GMDSS Radio Operator License,
GMDSS Radio Maintainer\'s License, or GMDSS Radio Operator/Maintainer
license must be made on FCC Form 605 and must include a written
explanation as to the circumstances involved in the loss, mutilation, or
destruction of the original document.

\* \* \* \* \*

6\. Section 13.201 is amended by redesignating paragraphs (b)(7) and
(b)(8) as (b)(8) and (b)(9), revising paragraph (b)(6), and adding a new
paragraph (b)(7) to read as follows:

**§ 13.201 Qualifying for a commercial operator license or
endorsement.**

.

\* \* \* \* \*

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

\(6\) GMDSS Radio Operator's License: Written Elements 1 and 7, 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.

6.  

\(7\) Restricted GMDSS Radio Operator License: Written Elements 1 and
7R, 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.

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

1\. The authority citation for Part 80 continues to read as follows:

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

2\. Section 80.5 is amended by adding an entry for INMARSAT in
alphabetical order and revising the entries for Digital selective
calling, Distress signal, Distress traffic, Inland waters, Maritime
mobile service identities (MMSI), Safety signal, and Urgency signal 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.493-10 and ITU-R M.541-8. ([See]{.underline}
subpart W of this part.)

\* \* \* \* \*

[Distress signal]{.underline}. The distress signal is a digital
selective call using an internationally recognized distress call format
in the bands used for terrestrial communication or an internationally
recognized distress message format, in which case it is relayed through
space stations, which indicates that a person, ship, aircraft, or other
vehicle is threatened by grave and imminent danger and requests
immediate assistance

\(1\) In radiotelephony, the international distress signal consists of
the enunciation of the word "Mayday", pronounced as the French
expression "m'aider". In case of distress, transmission of this
particular signal is intended to ensure recognition of a radiotelephone
distress call by stations of any nationality.

\(2\) For GMDSS, distress alerts result in an audible alarm and visual
indication that a ship or person is threatened by grave and imminent
danger and requests immediate assistance. These automatic systems
contain sufficient information in the distress alert message to identify
the vessel, prepare to assist and begin a search. However, except when
transmitted via satellite EPIRB, the distress alert is just the initial
call for help. Communication between the vessel or person in distress
and the Rescue Coordination Center (RCC) or ship assisting should always
follow.

[Distress traffic]{.underline}. Distress traffic consists of all
messages relating to the immediate assistance required by a person,
ship, aircraft, or other vehicle in distress, including search and
rescue communications and on-scene communications.

\* \* \* \* \*

[Inland Waters]{.underline}. This term, as used in reference to waters
of the United States, its territories and possessions, means waters that
lie landward of the boundary lines of inland waters as contained in 33
CFR 80.01, as well as waters within its land territory, such as rivers
and lakes, over which the United States exercises sovereignty.

[INMARSAT]{.underline}. INMARSAT Ltd. is a private commercial company
licensed in the United Kingdom.

\* \* \* \* \*

[Maritime mobile service identities (MMSI)]{.underline}. An
international system for the identification of radio stations in the
maritime mobile service. The system is comprised of a series of nine
digits which are transmitted over the radio path to uniquely identify
ship stations, ship earth stations, coast stations, coast earth stations
and groups of stations.

\* \* \* \* \*

[Safety signal.]{.underline} (1) \* \* \* \* \*

\(4\) For GMDSS, safety calls result in an audible alarm and visual
indication that the station sending this signal has a very urgent
message to transmit concerning the safety of navigation or giving
important meteorological warnings.

\* \* \* \* \*

[Urgency signal.]{.underline} (1) \* \* \* \* \*

\(4\) For GMDSS, urgency calls result in an audible alarm and visual
indication that the station sending this signal has a very urgent
message to transmit concerning the safety of a ship, aircraft, or other
vehicle, or of some person on board or within sight.

\* \* \* \* \*

3\. Section 80.15 is amended by deleting paragraph (e)(1), redesignating
paragraphs (e)(2) and (e)(3) as (e)(1) and (e)(2), and revising
redesignated paragraph (e)(1) to read as follows:

**§ 80.15 Eligibility for station license.**

\* \* \* \* \*

\(e\) [EPIRB stations]{.underline}.

\(1\) Class A or Class B EPIRB stations will be authorized for use on
board the following types of vessels until December 31, 2006:

> \* \* \* \* \*

4.  Section 80.51 is amended by deleting paragraph (a), redesignating
    paragraph (b) as the sole undesignated paragraph of this section,
    and revising the paragraph to read as follows:

**§ 80.51 Ship earth station licensing.**

A ship earth station authorized to operate in the INMARSAT space segment
must display the Commission license in conjunction with the
commissioning certificate issued by the INMARSAT Organization.
Notwithstanding the requirements in this paragraph, ship earth stations
can operate in the INMARSAT space segment without an INMARSAT issued
commissioning certificate provided an appropriate written approval is
obtained from the INMARSAT Organization in addition to the Commission\'s
license.

\* \* \* \* \*

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

**§ 80.59 Compulsory ship inspections.**

> \* \* \* \* \*

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

```{=html}
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(1) \* \* \* \* \*

```{=html}
<!-- -->
```
(x) \* \* \* \* \*

> \(C\) Category 1, 406.0-406.1 MHz EPIRB (GMDSS approved);

\* \* \* \* \*

6\. Section 80.67 is amended by revising paragraph (b) to read as
follows:

**§ 80.67** **General facilities requirements for coast stations.**

\* \* \* \* \*

\(b\) All coast stations that operate telephony on frequencies in the
1605-3500 kHz band must be able to transmit and receive using J3E
emission on the frequency 2182 kHz and at least one working frequency in
the band.

7\. Section 80.89 is amended by deleting paragraph (e) and redesignating
paragraphs (f) and (g) as paragraphs (e) and (f).

8\. Section 80.91 is amended to read as follows:

**§ 80.91 Order of priority of communications.**

> \(a\) All stations in the maritime mobile service and the maritime
> mobile-satellite service shall be capable of offering four levels of
> priority in the following order:

(1) Distress calls, distress messages, and distress traffic.

(2) Urgency communications.

(3) Safety communications.

(4) Other communications.

\(b\) In a fully automated system, where it is impracticable to offer
all four levels of priority, category 1 shall receive priority until
such time as intergovernmental agreements remove exemptions granted for
such systems from offering the complete order of priority.

9\. Section 80.93 is amended by redesignating paragraph (d) as paragraph
(e), adding a new paragraph (d), and revising paragraph (c) to read as
follows:

**§ 80.93 Hours of service.**

\* \* \* \* \*

\(c\) [Compulsory ship stations]{.underline}. (1) Compulsory ship
stations whose service is not continuous may not suspend operation
before concluding all traffic originating in or destined for public
coast stations situated within their range and mobile stations which
have indicated their presence.

\(2\) For GMDSS ships, radios shall be turned on and set to proper watch
channels while ships are underway. If a ship has duplicate GMDSS
installations for DSC or INMARSAT, only one of each must be turned on
and keeping watch.

\* \* \* \* \*

\(d\) [Ships Voluntarily Fitting GMDSS Subsystems.]{.underline} For
ships voluntarily fitting GMDSS subsystems, radios shall be turned on
and set to proper watch channels while ships are underway. If ship has
duplicate GMDSS installations for DSC or INMARSAT, only one of each must
be turned on and keeping watch.

\(e\) [Other than public coast or compulsory ship stations.]{.underline}
The hours of service of stations other than those described in
paragraphs (b), (c), and (d) of this section are determined by the
station licensee.

10\. Section 80.101 is amended by revising paragraphs (b) and (c) to
read as follows:

§ 80.101 Radiotelephone testing procedures.

\* \* \* \* \*

\(b\) Testing of transmitters must be confined to single frequency
channels on working frequencies. However, 2182 kHz and 156.800 MHz may
be used to contact ship or coast stations as appropriate when signal
reports are necessary. Short tests on 4215 MHz are permitted by vessels
equipped with MF/HF radios to evaluate the compatibility of the
equipment for distress and safety purposes. U.S. Coast Guard stations
may be contacted on 2182 kHz or 156.800 MHz for test purposes only when
tests are being conducted by Commission employees, when FCC-licensed
technicians are conducting inspections on behalf of the Commission, when
qualified technicians are installing or repairing radiotelephone
equipment, or when qualified ship\'s personnel conduct an operational
check requested by the U.S. Coast Guard. In these cases the test must be
identified as "FCC" or "technical."

\(c\) Survival craft transmitter tests must not be made within actuating
range of automatic alarm receivers.

11\. Section 80.102 is amended by redesignating paragraph (e) as
paragraph (f) and adding a new paragraph (e) to read as follows:

**§ 80.102 Radiotelephone station identification.**

\* \* \* \* \*

\(e\) Voice traffic in the INMARSAT system is closed to other parties
except the two stations involved and the identification is done
automatically with the establishment of the call. Therefore, it is not
necessary for these stations to identify themselves periodically during
the communication. For terrestrial systems using DSC to establish
radiotelephone communications, the identification is made at the
beginning of the call. In these cases, both parties must identify
themselves by ship name, call sign or MMSI at least once every 15
minutes during radiotelephone communications.

12\. Section 80.103 is revised 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 Recommendation M.541-8 and
subpart W of this part.

\(b\) When using DSC techniques, coast stations and ship stations must
use maritime mobile service identities (MMSI) assigned by the Commission
or its designees.

\(c\) 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 Recommendation M.541-8.
Nondesignated public and private coast stations must follow the guidance
provided for ship stations in ITU-R Recommendation M.541-8 with respect
to DSC \"Acknowledgement of distress calls\" and \"Distress relays.\"
([See]{.underline} subpart W of this part.)

\(d\) Group calls to vessels under the common control of a single entity
are authorized. A group call identity may be created from an MMSI ending
in a zero, assigned to this single entity, by deleting the trailing zero
and adding a leading zero to the identity.

13\. Section 80.116 is amended by removing paragraph (h).

14\. Section 80.141 is amended by revising paragraph (c) to read as
follows:

**§ 80.141 General provision for ship stations.**

\* \* \* \* \*

\(c\) [Service requirements for vessels.]{.underline} Each ship station
provided for compliance with Part II of Title III of the Communications
Act must provide a public correspondence service on voyages of more than
24 hours for any person who requests the service. Compulsory
radiotelephone ships must provide this service for at least four hours
daily. The hours must be prominently posted at the principal operating
location of the station.

\* \* \* \* \*

15\. Section 80.142 is amended by revising paragraph (b) to read as
follows:

§ 80.142 Ships using radiotelegraphy.

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

(b) [NB-DP operating procedure]{.underline}. The operation of NB-DP
    equipment in the maritime mobile service must be in accordance with
    the operating procedures contained in the latest version of ITU-R
    Recommendation 492 that does not prevent the use of existing
    equipment.

\* \* \* \* \*

16\. Section 80.143 is amended by revising paragraph (a) to read as
follows:

**§ 80.143 Required frequencies for radiotelephony.**

\(a\) Except for compulsory vessels, each ship radiotelephone station
licensed to operate in the band 1605-3500 kHz must be able to receive
and transmit J3E emission on the frequency 2182 kHz. Ship stations are
additionally authorized to receive and transmit H3E emission for
communications with foreign coast stations and with vessels of foreign
registry. If the station is used for other than safety communications,
it must be capable also of receiving and transmitting the J3E emission
on at least two other frequencies in that band. However, ship stations
which operate exclusively on the Mississippi River and its connecting
waterways, and on high frequency bands above 3500 kHz, need be equipped
with 2182 kHz and one other frequency within the band 1605-3500 kHz.

\* \* \* \* \*

17\. Section 80.145 is removed and reserved.

**§ 80.145 \[Reserved\]**

18\. Section 80.146 is removed and reserved.

**§ 80.146 \[Reserved\]**

19\. Section 80.148 is amended by removing paragraph (c) and revising
the introductory text to read as follows:

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

Until February 1, 2005, 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 156.8 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:

\* \* \* \* \*

20\. Section 80.151 is amended by adding new paragraphs (b)(7) and
(b)(8) to read as follows:

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

\* \* \* \* \*

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

\(7\) GOL. GMDSS Radio Operator License (General Operator\'s
Certificate).

\(8\) ROL. Restricted GMDSS Radio Operator License (Restricted
Operator\'s Certificate).

\* \* \* \* \*

21\. Section 80.159 is amended by redesignating paragraph (d) as
paragraph (e) and adding a new paragraph (d) to read as follows:

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

\* \* \* \* \*

\(d\) Each passenger ship equipped with a GMDSS installation in
accordance with subpart W of this part shall carry at least two persons
holding an appropriate GMDSS Radio Operator License or, if the passenger
ship operates exclusively within twenty nautical miles of shore, at
least two persons holding either a GMDSS Radio Operator License or a
Restricted GMDSS Radio Operator License, as specified in § 13.7 of this
chapter.

\* \* \* \* \*

22\. Section 80.165 is revised to read as follows:

**§ 80.165 Operator requirements for voluntary stations.**

[Minimum operator license]{.underline}

> Ship Morse
> telegraph\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> T‑2.
>
> Ship direct‑printing telegraph\...\...\...\...\...\...\...\...\.....
> MP.
>
> Ship telephone, with or without DSC, more than
>
> 250 watts carrier power or 1,000 watts
>
> peak envelope power....................... G.
>
> Ship telephone, with or without DSC, not more
>
> than 250 watts carrier power or 1,000
>
> watts peak envelope power................ MP.
>
> Ship telephone, with or without DSC, not more
>
> than 100 watts carrier power or 400 watts
>
> peak envelope power:
>
> Above 30 MHz\...\...\...\...\...\...\...\...\...\...\...\...\.....
> None.\\^1^\\
>
> Below 30 MHz\...\...\...\...\...\...\...\...\...\...\...\...\..... RP.
>
> Ship earth station\...\...\...\...\...\...\...\...\...\...\...\.....
> RP.
>
> \\1\\ RP required for compulsory ships and international voyages.

\* \* \* \* \*

> 23\. 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
Recommendations 493-10 and 541-8 as modified by this section.

\* \* \* \* \*

24\. Section 80.203 is amended by removing and reserving paragraph (e)
and revising paragraph (g) to read as follows:

\* \* \* \* \*

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

\* \* \* \* \*

\(e\) Reserved.

\* \* \* \* \*

\(g\) Manufacturers of ship earth station transmitters intended for use
in the INMARSAT space segment must comply with the verification
procedures given in part 2 of this chapter. 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. The ship earth station input/output parameters, the data
obtained when the equipment is integrated in system configuration and
the pertinent method of test procedures that are used for type approval
of the station model which are essential for the compatible operation of
that station in the INMARSAT space segment must be disclosed by the
manufacturer upon request of the FCC. Witnessing of the type approval
tests and the disclosure of the ship earth station equipment design or
any other information of a proprietary nature will be at the discretion
of the ship earth station manufacturer.

\* \* \* \* \*

25\. Section 80.205 is amended by adding an entry to the table in
paragraph (a) between J2C and J3C to read as follows:

**§ 80.205 Bandwidths.**

+-----------------------+-----------------------+-----------------------+
| Class of emission     | Emission designator   | Authorized bandwidth  |
|                       |                       | (kHz)                 |
+-----------------------+-----------------------+-----------------------+
| \* \* \*              | \* \* \*              | \* \* \*              |
|                       |                       |                       |
| J2D^14^\...\...\..    | 2K80J2D               | 3.0                   |
| .\...\...\...\...\... |                       |                       |
| \...\...\...\...\.... | \* \* \* \* \*        | \* \* \* \* \*        |
|                       |                       |                       |
| \* \* \* \* \*        |                       |                       |
+-----------------------+-----------------------+-----------------------+

\* \* \* \* \*

^14^ The information is contained in multiple very low level
subcarriers.

26\. 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, J2A, J2B, J2D                |
|                                   |                                   |
| Radiotelegraphy:                  | F1B, J2B                          |
|                                   |                                   |
| \* \* \* \* \*                    | F1B, J2B, J2D                     |
|                                   |                                   |
| 1605-27500 kHz:                   | \* \* \*                          |
|                                   |                                   |
| Manual^15\ 16\ 17^\...\...\....   | H3E, J2D, J3E, R3E                |
|                                   |                                   |
| DSC^16^\...\...\...\...\...\..... | A1A, J2A, J2B, J2D                |
|                                   |                                   |
| NB-DP^14\ 16^\...\...\...\...     | F1B, J2B                          |
|                                   |                                   |
| \* \* \*                          | F1B, J2B, J2D                     |
|                                   |                                   |
| Radiotelephony:                   | \* \* \*                          |
|                                   |                                   |
| 1605-27500                        | A1A, A2A, F1B, F2B, J2B, J2D      |
| kHz^5\ 16^\...\...\.....          |                                   |
|                                   | H3E, J2D, J3E, R3E                |
| \* \* \*                          |                                   |
|                                   | A2B, A3B, H2B, H3E, J2B and J3E   |
| Land Stations^1^                  |                                   |
|                                   | A3E, A3X, N0N                     |
| Radiotelegraphy:                  |                                   |
|                                   |                                   |
| \* \* \* \* \*                    |                                   |
|                                   |                                   |
| 4000-27500 kHz:                   |                                   |
|                                   |                                   |
| Manual^16^\...\...\...\...\...    |                                   |
|                                   |                                   |
| DSC^18^\...\...\...\...\...\..... |                                   |
|                                   |                                   |
| NB-DP^14\ 18^\...\...\...\....    |                                   |
|                                   |                                   |
| \* \* \*                          |                                   |
|                                   |                                   |
| Alaska\--Fixed^17\ 18^\...\...    |                                   |
|                                   |                                   |
| \* \* \*                          |                                   |
|                                   |                                   |
| Radiotelephony:                   |                                   |
|                                   |                                   |
| 1605-27500                        |                                   |
| kHz^18\ 19^\...\...\.....         |                                   |
|                                   |                                   |
| \* \* \* \* \*                    |                                   |
|                                   |                                   |
| Distress, Urgency and             |                                   |
| Safety^8\ 9^                      |                                   |
|                                   |                                   |
| 2182 kHz^10\ 11^                  |                                   |
|                                   |                                   |
| 121.500 MHz                       |                                   |
|                                   |                                   |
| \* \* \*                          |                                   |
+-----------------------------------+-----------------------------------+

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

\* \* \* \* \*

^5^ Transmitters type accepted prior to December 31, 1969, for emission
H3E, J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to
be operated. These transmitters will not be authorized in new
installations.

\* \* \* \* \*

^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.

\* \* \* \* \*

^14^ NB-DP operations which are not in accordance with ITU-R
Recommendation 625 or 476 are permitted to utilize any modulation, so
long as emissions are within the limits set forth in § 80.211(f) of this
chapter.

^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.

\* \* \* \* \*

27\. Section 80.209 is amended by revising the table in paragraph (a) to
read as follows.

§ 80.209 Transmitter frequency tolerances.

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

+---------------------------------------------+------------------------+
| (1) \* \* \* \* \*                          | 20 Hz.                 |
|                                             |                        |
| \(ii\) Ship stations:                       | 10 Hz.^2^              |
|                                             |                        |
| For transmitters with narrow-band direct    | 10 Hz.                 |
| printing                                    |                        |
|                                             | 20 Hz.                 |
| and data emissions                          |                        |
| \...\...\...\...\...\...\...\...\.....      | 20 Hz.                 |
|                                             |                        |
| For transmitters with digital selective     |                        |
| calling                                     |                        |
|                                             |                        |
| emissions                                   |                        |
| \...\..                                     |                        |
| .\...\...\...\...\...\...\...\...\...\..... |                        |
|                                             |                        |
| For all other                               |                        |
| transmitt                                   |                        |
| ers\...\...\...\...\...\...\...\...\...\... |                        |
|                                             |                        |
| \(iii\) Ship stations for emergency only:   |                        |
|                                             |                        |
| For all emissions                           |                        |
|                                             |                        |
| \(iv\) Survival craft stations:             |                        |
|                                             |                        |
| For all emissions                           |                        |
+---------------------------------------------+------------------------+

\* \* \*

^2^ The frequency tolerance for narrow-band direct printing and data
transmitters installed before January 2, 1992, is 15 Hz for coast
stations and 20 Hz for ship stations. The frequency tolerance for
narrow-band direct printing and data transmitters approved or installed
after January 1, 1992, is 10 Hz.

^3^ \[Reserved\]

\* \* \*

^5^ \[Reserved\]

\* \* \* \* \*

28\. Section 80.213 is amended by revising paragraphs (h) and (i) to
read as follows:

§ 80.213 Modulation requirements.

\* \* \* \* \*

\(h\) Radar transponder coast stations using the 2900-3100 MHz or
9300-9500 MHz band must operate in a variable frequency mode and respond
on their operating frequencies with a maximum error equivalent to 100
meters. Additionally, their response must be encoded with a Morse
character starting with a dash. The duration of a Morse dot is defined
as equal to the width of a space and 1/3 of the width of a Morse dash.
The duration of the response code must not exceed 50 microseconds. The
sensitivity of the stations must be adjustable so that received signals
below -10 dBm at the antenna will not activate the transponder. Antenna
polarization must be horizontal when operating in the 9300-9500 MHz band
and either horizontal or both horizontal and vertical when operating in
the 2900-3100 MHz band. Racons using frequency agile transmitting
techniques must include circuitry designed to reduce interference caused
by triggering from radar antenna sidelobes.

\(i\) Variable frequency ship station transponders operating in the
2900-3100 MHz or 9300-9500 MHz band that are not used for search and
rescue purposes must meet the following requirements:

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

\(vii\) Antenna polarization must be horizontal when operating in the
9300-9500 MHz band and either horizontal or both horizontal and vertical
when operating in the 2900-3100 MHz band.

\* \* \* \* \*

29\. Section 80.215 is amended by removing paragraph (g)(2),
redesignating paragraphs (g)(3) to (g)(5) as (g)(2) to (g)(4), revising
paragraphs (c)(1), (e)(1) and (g)(1)-(3) to read as follows:

§ 80.215 Transmitter power.

\* \* \* \* \*

c\) [Coast station frequencies above 27500 kHz]{.underline}. The maximum
power must not exceed the values listed below.

\(1\) Coast stations:

156-162 MHz--50W ^1,\ 2,\ 13^

216-220 MHz ^2^

\* \* \* \* \*

\(e\) [Ship stations frequencies above 27500 kHz]{.underline}. The
maximum power must not exceed the values listed below.

\(1\) Ship stations 156-162 MHz\--25W ^6\ 13^

Marine utility stations and hand-held portable transmitters: 156-162
MHz--10W

^1^ Maximum authorized power at the input terminals of the station
antenna.

^2^ See paragraph (h) of this section.

\* \* \*

^6^ Reducible to 1 watt or less, except for transmitters limited to
public correspondence channels and used in an automated system.

\* \* \*

^12^ The frequencies 156.375 MHz and 156.650 MHz are primarily intership
frequencies. When authorized for coast stations on a secondary basis,
the normal output power must not exceed 1 watt and the maximum output
power must not exceed 10 watts.

^13^ The frequencies 156.775 and 156.825 MHz are available for
navigation-related port operations or ship movement only, and all
precautions must be taken to avoid harmful interference to channel 16.
Transmitter output power is limited to 1 watt for ship stations, and 10
watts for coast stations.

\(g\) \* \* \* \* \*

\(1\) All transmitters and remote control units must be capable of
reducing the carrier power to one watt or less;

\(2\) Except as indicated in (3) of this paragraph, all transmitters
manufactured after January 21, 1987, or in use after January 21, 1997,
must automatically reduce the carrier power to one watt or less when the
transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be provided
with a manual override switch which when held by an operator will permit
full carrier power operation on 156.375 MHz and 156.650 MHz;

\(3\) Hand-held portable transmitters are not required to comply with
the automatic reduction of carrier power in (g)(2) of this section; and

\* \* \* \* \*

30\. Section 80.219 is amended to read as follows:

§ 80.219 Special requirements for narrow-band direct-printing (NB-DP)
equipment.

NB-DP and data transmission equipment installed in ship and coast
stations before October 1, 1990, that operates on the frequencies in the
4,000-27,500 kHz bands must be capable of operation in accordance with
the technical requirements of either ITU-R Recommendation 476 or ITU-R
Recommendation 625 and may be used indefinitely. Equipment installed on
or after October 1, 1990, must be capable of operation in accordance
with the technical requirements of ITU-R Recommendation 625. NB-DP and
data transmission equipment are additionally permitted to utilize any
modulation, so long as emissions are within the limits set forth in §
80.211(f) and the equipment is also capable of operation in accordance
with ITU-R Recommendation 625.

\* \* \* \* \*

31\. Section 80.223 is revised to read as follows:

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

(a) Survival craft stations capable of transmitting on:

```{=html}
<!-- -->
```
(1) 2182 kHz must be able to operate with A2B and A3E or H2B and H3E and
    J2B and J3E emissions;

(2) 121.500 MHz must be able to operate with A3E or A3N emission.

\(b\) Survival craft stations must be able to receive the frequency and
types of emission which the transmitter is capable of using.

\(c\) Any EPIRB carried as part of a survival craft must comply with the
specific technical and performance requirements for its class contained
in subpart V of this chapter.

32\. Section 80.225 is amended by 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. Reference to any ITU-R Recommendation in this
section is to the most recent ITU-R approved Recommendation that does
not prevent the use of existing equipment.

\(a\) DSC equipment voluntarily installed in coast or ship stations must
meet either the requirements of ITU-R Recommendation 493-10 (including
only equipment classes A, B, D, and E) or RTCM Paper 56-95/SC101-STD.
DSC equipment must not be used with the sensors referred to in
§80.179(e)(2). DSC equipment used on compulsorily fitted ships must meet
the requirements contained in Subpart W for GMDSS**.**

\* \* \* \* \*

\(c\) \* \* \*

\(2\) Equipment used to perform a selective calling function during
narrow-band direct-printing (NB-DP) operations in accordance with ITU-R
Recommendation 476 or 625, and

\* \* \* \* \*

33\. 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, and radar.

\* \* \* \* \*

34\. Sections 80.253, 80.255, 80.257, 80.259, 80.261, 80.263, 80.265,
and 80.267 are removed.

35\. Section 80.269 is amended by revising paragraphs (b)(1) and (b)(2)
to read as follows:

§ 80.269 Technical requirements for radiotelephone distress frequency
watch receiver.

\* \* \* \* \*

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

\(1\) The receiver must be capable of being switched to 2182 kHz and of
receiving signals of at least A2A and A2B emissions;

\(2\) The receiver sensitivity must provide a SINAD of 20 dB at the
audio output when a 30 microvolt signal with A2A or A2B emission
modulated 30% at 400 Hz is applied to the receiver RF terminals;

36\. Section 80.273 is revised 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 either the document referenced in subparagraph (1) of this
paragraph or the applicable document referenced in subparagraphs (2)
through (4) of this paragraph. These documents are incorporated by
reference in accordance with 5 USC 552(a). 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. Radar documents are available for inspection at
the Commission Headquarters in Washington, D.C. or may be obtained from
the Radio Technical Commission for Maritime Services (RTCM), Suite 600,
1800 Diagonal Road, Alexandria, Virginia 22314-2480.

\(1\) Radar installed on or after July 1, 1988, on ships of 500 gross
tons and upwards that were constructed on or after September 1, 1984,
must comply with the provisions of RTCM Paper 13387/SC 103-33 including
Appendix A. Title: \"RTCM Recommended Performance Specification for a
General Purpose Navigational Radar Set for Oceangoing Ships of 500 Gross
Tons and Upwards for New Radar Installations.\" Title of Appendix A:
\"General Purpose Shipborne Navigational Radar Set for Oceangoing Ships
Design and Testing Specifications.\" Document originally approved by
RTCM August 15, 1985 and revised May 15, 1987.

\(2\) Radar installed on ships of 1,600 gross tons and upwards on or
before April 27, 1981, must comply with the provisions of Volume II of
RTCM Special Committee No. 65 Final Report; Part II. Title:
\"Performance Specification for a General Purpose Navigational Radar Set
for Oceangoing Ships of 1,600 Tons Gross Tonnage and Upwards for Ships
Already Fitted.\" Document approved by RTCM July 18, 1978; effective as
FCC requirement on April 27, 1981.

\(3\) Radar installed on ships of 1,600 gross tons and upwards after
April 27, 1981 and before July 1, 1988, must comply with the provisions
of Volume II of RTCM Special Committee No. 65 Final Report with Change 1
entered; Part I including Appendix A. Title: \"Performance Specification
for a General Purpose Navigational Radar Set for Oceangoing Vessels of
1,600 Tons Gross Tonnage and Upwards for New Radar Installations.\"
Title of Appendix A: \"General Purpose Shipborne Navigational Radar Set
for Oceangoing Ships Design and Testing Specifications.\" Document
approved by RTCM July 18, 1978; effective as FCC requirement on April
27, 1981.

\(4\) Ships between 500 and 1,600 gross tons constructed on or after
September 1, 1984, with radar installed before July 1, 1988, must comply
with Regulation 12, Chapter V of the Safety Convention and with the
provisions of Inter-Governmental Maritime Consultative Organization
(IMCO) \[now International Maritime Organization\] Resolution A.477
(XII). Title: \"Performance Standards for Radar Equipment.\" Adopted by
IMCO November 19, 1981.

\(b\) For ships of 10,000 gross tons or more and any other ship that is
required to be equipped with two radar systems, each of these systems
must be capable of operating independently and must comply with the
specifications, standards and general requirements established by
paragraph (a) of this section. One of the systems must provide a display
with an effective diameter of not less than 340 millimeters (13.4
inches), (16 inch cathode ray tube). The other system must provide a
display with an effective diameter of not less than 250 millimeters (9.8
inches), (12 inch cathode ray tube).

\(c\) Recommendations for tools, test equipment, spares and technical
manuals are contained in Part IV of Volume III of the RTCM SC-65 Final
Report approved by RTCM July 18, 1978.

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

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

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

\* \* \* \* \*

38\. Section 80.304 is amended by deleting paragraph (a), and
redesignating paragraph (b) as the sole undesignated paragraph of this
section.

39\. Section 80.305 is amended by revising paragraph (a)(3) to read as
follows:

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

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

\(3\) Until February 1, 2005, 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.

\* \* \* \* \*

40\. 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 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) for
call and reply purposes. Voluntary vessels equipped with VHF-DSC
equipment must maintain a watch 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 use to
communicate. Voluntary vessels equipped with Inmarsat A, B, or C 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.

41\. Section 80.313 is amended by revising the table to read as follows:

§ 80.313 Frequencies for use in distress.

\* \* \* \* \*

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Frequency band Emission Carrier frequency

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

1605-3500 kHz \...\... J3E \..............2182 kHz.

118-136 MHz \...\..... A3E \..........\... 121.500 MHz.

156-162 MHz \...\..... F3E, PON ..... 156.800 MHz 156.750 MHz.

243 MHz \...\...\...\... A3N \........... 243.000 MHz.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* \* \* \* \*

42\. Section 80.314 is amended by removing paragraph (a), and
redesignating paragraphs (b) and (c) as (a) and (b).

43\. Section 80.315 is amended by removing paragraph (a), redesignating
paragraph (b) as (a), and adding a new paragraph (b) to read as follows:

§ 80.315 Distress calls.

\* \* \* \* \*

\(b\) The procedures for canceling false distress alerts are contained
in section 80.335 of this part.

44\. Section 80.316 is amended by removing paragraph (a), redesignating
paragraphs (b) and (c) as paragraphs (a) and (b), and adding new
paragraph (c) to read as follows:

§ 80.316 Distress messages.

\* \* \* \* \*

\(c\) The procedures for canceling false distress alerts are contained
in section 80.335 of this part.

45\. Section 80.320 is amended by redesignating paragraphs (b), (c), (d)
and (e) as paragraphs (c), (d), (e) and (f) respectively, and inserting
a new paragraph (b) to read as follows:

§ 80.320 Radiotelephone distress call and message transmission
procedures.

\* \* \* \* \*

(b) The DSC distress procedure consists of:

```{=html}
<!-- -->
```
(1) Transmission by a mobile unit in distress;

(2) Reception;

(3) Acknowledgement of distress calls;

(4) Distress relays.

\* \* \* \* \*

46\. A new section 80.334 is added to read as follows:

**§ 80.334 False distress alerts.**

A distress alert is false if it was transmitted without any indication
that a mobile unit or person was in distress and required immediate
assistance. Transmitting a false distress alert is prohibited and may be
subject to the provisions of part 1, subpart A of this chapter if that
alert:

\(a\) was transmitted intentionally;

\(b\) was not cancelled in accordance with § 80.335;

\(c\) could not be verified as a result of either the ship's failure to
keep watch on appropriate frequencies in accordance with § 80.1123 or
subpart G of this part, or its failure to respond to calls from the U.S.
Coast Guard;

\(d\) was repeated; or

\(e\) was transmitted using a false identity.

47\. A new section 80.335 is added to read as follows:

§ 80.335 Procedures for canceling false distress alerts.

If a distress alert is inadvertently transmitted, the following steps
shall be taken to cancel the distress alert.

(a) VHF Digital Selective Calling.

\(i\) Reset the equipment immediately;

\(ii\) Transmit a DSC distress alert cancellation ([i.e.]{.underline},
own ship's acknowledgment), if that feature is available;

\(iii\) Set to Channel 16; and

\(iv\) Transmit a broadcast message to "All stations" giving the ship's
name, call sign or registration number, and MMSI, and cancel the false
distress alert.

(b) MF Digital Selective Calling.

\(i\) Reset the equipment immediately;

\(ii\) Transmit a DSC distress alert cancellation ([i.e.]{.underline},
own ship's acknowledgment), if that feature is available;

\(iii\) Tune for radiotelephony transmission on 2182 kHz; and

\(iv\) Transmit a broadcast message to "All stations" giving the ship's
name, call sign or registration number, and MMSI, and cancel the false
distress alert.

(c) HF Digital Selective Calling.

\(i\) Reset the equipment immediately;

\(ii\) Transmit a DSC distress alert cancellation ([i.e.]{.underline},
own ship's acknowledgment), if that feature is available, on each
frequency on which the distress alert was transmitted;

\(iii\) Tune for radiotelephony on the distress and safety frequency in
each band in which a false distress alert was transmitted; and

\(iv\) Transmit a broadcast message to "All stations" giving the ship's
name, call sign or registration number, and MMSI, and cancel the false
distress alert frequency in each band in which a false distress alert
was transmitted.

(d) INMARSAT ship earth station. Immediately notify the appropriate
    rescue coordination center that the alert is cancelled by sending a
    distress priority message by way of the same land earth station
    through which the false distress alert was sent. Provide ship name,
    call sign or registration number, and INMARSAT identity with the
    cancelled alert message.

(e) EPIRB. If for any reason an EPIRB is activated inadvertently,
    immediately contact the nearest U.S. Coast Guard unit or appropriate
    rescue coordination center by telephone, radio or ship earth station
    and cancel the distress alert.

(f) General and other distress alerting systems. Notwithstanding the
    above, ships may use additional appropriate means available to them
    to inform the nearest appropriate U.S. Coast Guard rescue
    coordination center that a false distress alert has been transmitted
    and should be cancelled.

\* \* \* \* \*

48\. Section 80.353 is removed and reserved.

**§ 80.353 \[Reserved\]**

49\. Section 80.355 is amended by removing paragraph (c)(1),
redesignating paragraphs (c)(2) and (c)(3) as (c)(1) and (c)(2), and
revising the text of the newly designated paragraph (c)(1) and paragraph
(d)(2) to read as follows:

**§ 80.355 Distress, urgency, safety, call and reply Morse code
frequencies.**

\* \* \* \* \*

\(c\) [Frequencies in the 2000-27500 kHz band]{.underline}--(1) [Ship
station frequencies]{.underline}. The following table describes the
calling frequencies in the 4000-27500 kHz band which are available for
use by authorized ship stations equipped with crystal-controlled
oscillators for A1A, J2A, J2B, or J2D radiotelegraphy. There are two
series of frequencies for worldwide use and two series of frequencies
for each geographic region. Ship stations with synthesized transmitters
may operate on every full 100 Hz increment in the 0.5 kHz channel for
the frequencies listed, except for 100 Hz above and below those
designated for worldwide use. During normal business hours when not
communicating on other frequencies, all U.S. coast radiotelegraph
stations must monitor the worldwide frequencies and the initial calling
frequencies for the region in which it is located. The specific
frequencies which must be monitored by a coast station will vary with
propagation conditions. The calling frequencies which are routinely
monitored by specific coast stations can be determined by reference to
the ITU publication entitled \"List of Coast Stations.\" Initial calls
by ship stations must be made on the appropriate initial calling
frequency first. Calls on the worldwide frequencies may be made only
after calls on the appropriate initial calling frequency are
unsuccessful.

\* \* \* \* \*

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

\(2\) EPIRB stations may be assigned 121.500 MHz and 243 MHz using A3E,
A3X and NON emission or 406.0-406.1 MHz using G1D emission to aid search
and rescue operations. See subpart V of this part.

50\. Section 80.357 is amended by revising the title, introductory
paragraph and the text of paragraph (b)(1) to read as follows:

**§ 80.357 Working frequencies for Morse code and data transmission.**

This section describes the working frequencies assignable to maritime
stations for A1A, J2A, J2B (2000-27500 kHz band only), or J2D
(2000-27500 kHz band only) radiotelegraphy.

\* \* \* \* \*

\(b\) [Coast station frequencies]{.underline}--(1) [Frequencies in the
100-27500 kHz band.]{.underline} The following table describes the
working carrier frequencies in the 100-27500 kHz band which are
assignable to coast stations located in the designated geographical
areas. The exclusive maritime mobile HF bands listed in the table
contained in § 80.363(a)(2) of this chapter are also available for
assignment to public coast stations for A1A, J2A, J2B, or J2D
radiotelegraphy following coordination with government users.

\* \* \* \* \*

51\. Section 80.359 is amended by replacing "4209.5" with "4209.0" in
the table in paragraph (a) and 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. The provisions and procedures
for distress and safety calling are contained in ITU-R Recommendation
541-8 as modified by § 80.103(c) of this part.

\* \* \* \* \*

52\. Section 80.361 is amended by redesignating paragraph (a)(1) as
paragraph (a) and removing paragraph (a)(2), and by revising the text of
paragraph (b) to read as follows:

**§ 80.361 Frequencies for narrow-band direct-printing (NBDP),
radioprinter and data transmissions.**

\* \* \* \* \*

\(b\) The following table describes the frequencies and Channel Series
with F1B, J2B, or J2D emission which are assignable to ship stations for
NBDP and data transmissions with other ship stations and public coast
stations. Public coast stations may receive only on these frequencies.

\* \* \* \* \*

53\. Section 80.363 is amended revising the table in paragraph (a)(1) to
read as follows:

§ 80.363 Frequencies for facsimile.

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

\(1\) [Ship station frequencies]{.underline}. The following frequencies
are available for use by authorized ship stations for facsimile.

Assignable Ship Frequencies For Facsimile (kHz)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

2070.5 4154 6235 8302 12370 16551 18848 22182 25123

2072.5 4170 6259 8338 12418 16615 18868 22238 25159

2074.5 \-\-\-\-- \-\-\-\-- \-\-\-\-- \-\-\-\-\-- \-\-\-\-\-\--
\-\-\-\-\-- \-\-\-\-\-- \-\-\-\-\--

2076.5 \-\-\-\-- \-\-\-\-- \-\-\-\-- \-\-\-\-\-- \-\-\-\-\-\--
\-\-\-\-\-- \-\-\-\-\-- \-\-\-\-\--

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* \* \* \* \*

54\. Section 80.373 is amended by revising paragraph (c)(2)(ii) to read
as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

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

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

\(ii\) The emissions must be J3E or J2D except that when DSC is used the
emission must be F1B or J2B; and

\* \* \* \* \*

55\. Section 80.374 is amended by revising the title and the
introductory paragraph to read as follows:

**§ 80.374 Provisions for frequencies in the 4000-4063 and the 8100-8195
kHz bands shared with the fixed service.**

Coast station assignments in the 4000-4063 kHz band deviate from
international provisions. Coast station assignments in the 4000-4063 kHz
band are permitted provided that such stations must not cause
interference to, and must accept interference from, stations operated by
other countries in accordance with the Radio Regulations.

\* \* \* \* \*

56\. Section 80.375 is amended by removing paragraphs (a)(1), (a)(2),
(d)(2)(vii), (d)(3), (d)(3)(i)-(iv), (d)(4), and (e)(1)-(11), and
revising paragraphs (a) and (e) to read as follows:

**§ 80.375 Radiodetermination Frequencies**

\* \* \* \* \*

(a) [Direction finding frequencies]{.underline}. The carrier frequencies
    assignable to ship stations for directional finding operations are:

C[arrier]{.smallcaps} F[requency]{.smallcaps}

[8364 kHz]{.smallcaps}

[121.500 MHz]{.smallcaps}

[243.00 MHz]{.smallcaps}

\* \* \* \* \*

\(e\) [Search and Rescue Radar Transponder Stations]{.underline}. The
technical standards for search and rescue transponder stations are in
subpart W of this part.

57\. Section 80.401 is amended to read as follows:

**§ 80.401 Station documents** **requirement.**

Licensees of radio stations are required to have current station
documents as indicated in the following table:

<table style="width:100%;">
<colgroup>
<col style="width: 8%" />
<col style="width: 26%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
<td>Radio Station Category</td>
<td><blockquote>
<p>Station License</p>
</blockquote></td>
<td><blockquote>
<p>Appropriate Operator Authorization</p>
</blockquote></td>
<td><blockquote>
<p>Station Logs</p>
</blockquote></td>
<td><blockquote>
<p>Appropriate Safety Convention Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Communications Act Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Great Lakes Radio Agreement Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Bridge to Bridge Act Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Part 80; FCC Rules and Regulations</p>
</blockquote></td>
<td><blockquote>
<p>Alphabetical List of Maritime Mobile Call Signs</p>
</blockquote></td>
<td><blockquote>
<p>List of Ship Stations</p>
</blockquote></td>
<td><blockquote>
<p>Manual for Use by Maritime Mobile (M/M) Service &amp; M/M Satellite
Service</p>
</blockquote></td>
<td><blockquote>
<p>List of Coast Stations</p>
</blockquote></td>
<td><blockquote>
<p>List of Radiodetermination and Special Services Stations</p>
</blockquote></td>
<td><blockquote>
<p>Station Equipment Records</p>
</blockquote></td>
<td><blockquote>
<p>GMDSS Master Plan</p>
</blockquote></td>
<td><blockquote>
<p>NIMA Publication 117</p>
</blockquote></td>
<td><blockquote>
<p>Admiralty List of Radio Signals</p>
</blockquote></td>
<td><blockquote>
<p>IMO Circ. 7</p>
</blockquote></td>
</tr>
<tr class="even">
<td>Shipboard:</td>
<td>Cargo Ships (300 gross tons and up)</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td>R5</td>
<td>R5</td>
<td>R5</td>
<td>R5</td>
</tr>
<tr class="odd">
<td></td>
<td>Passenger Vessels – SOLAS</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R2</td>
<td>R</td>
<td></td>
<td>R5</td>
<td>R5</td>
<td>R5</td>
<td>R5</td>
</tr>
<tr class="even">
<td></td>
<td>Passenger Vessels – Domestic</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Telephone; Great Lakes Radio Agreement</td>
<td>R</td>
<td>R</td>
<td>R4</td>
<td></td>
<td></td>
<td>R4</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Telephone; Bridge-to-Bridge Act</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Radar</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>On Board</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Voluntary</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Land:</td>
<td>Public Coast (MF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R3</td>
<td>R3</td>
<td>R3</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Public Coast (HF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Public Coast (VHF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Private Coast</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Radio Determination</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Operational Fixed</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Maritime Support</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Alaska – Public Fixed</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Alaska – Private Fixed</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Ship/Coast:</td>
<td>Marine Utility</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

Notes: 1. The expired station license must be retained in the station
records until the first Commission inspection after the expiration date.

2.  Alternatively, a list of coast stations maintained by the licensee
    with which communications are likely to be conducted, showing
    watch-keeping hours, frequencies and charges, is authorized.

> 3\. Required only if station provides a service to ocean-going
> vessels.

4\. Certification of a Great Lakes Agreement inspection may be made by
either a log entry or issuance of a Great Lakes Agreement certificate.
Radiotelephone logs containing entries certifying that a Great Lakes
Agreement inspection has been conducted must be retained and be
available for inspection by the FCC for 2 years after the date of the
inspection.

5\. The requirements for having the GMDSS Master Plan, NIMA Publication
117, Admiralty List of Radio Signals or IMO Circ. 7 are satisfied by
having any one of those four documents.

\* \* \* \* \*

58\. Section 80.405 is amended by revising paragraph (a) to read as
follows:

**§ 80.405 Station license.**

\(a\) [Requirement]{.underline}. Except as provided in section 80.13(c)
of this part, stations must have an authorization granted by the Federal
Communications Commission.

\* \* \* \* \*

59\. Section 80.409 is amended by revising paragraph (e) to read as
follows:

**§** **80.409 Station logs.**

\* \* \* \* \*

\(e\) [Ship radiotelephone logs]{.underline}. Logs of ship stations
which are compulsorily equipped for radiotelephony must contain the
following applicable log entries and the time of their occurrence:

\(1\) A summary of all distress communications heard, and urgency
communications affecting the station\'s own ship.

\(2\) A summary of safety communications on other than VHF channels
affecting the station\'s own ship.

\(3\) An entry that pre-departure equipment checks were satisfactory and
that required publications are on hand. Daily entries of satisfactory
tests to ensure the continued proper functioning of GMDSS equipment
shall be made.

\(4\) An entry describing any malfunctioning GMDSS equipment and another
entry when the equipment is restored to normal operation.

\(5\) A weekly entry that (1) the proper functioning of digital
selective calling (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.

\(6\) The time of any inadvertent transmissions of distress, urgency and
safety signals including the time and method of cancellation.

\(7\) At the beginning of each watch, the Officer of the Navigational
Watch, or GMDSS Operator on watch, if one is provided, shall ensure that
the navigation receiver is functioning properly and is interconnected to
all GMDSS alerting devices which do not have integral navigation
receivers, including: VHF DSC, MF DSC, satellite EPIRB and HF DSC or
INMARSAT SES. On a ship without integral or directly connected
navigation receiver input to GMDSS equipment, the Officer of the
Navigational Watch, or GMDSS Operator on watch, shall update the
embedded position in each equipment. An appropriate log entry of these
actions shall be made.

\(8\) A GMDSS radio log entry shall be made whenever GMDSS equipment is
exchanged or replaced (ensuring that ship MMSI identifiers are properly
updated in the replacement equipment), when major repairs to GMDSS
equipment are accomplished, and when annual GMDSS inspections are
conducted.

\(9\) \* \* \* \* \*

60\. Section 80.415 is amended by revising the title and text to read as
follows:

**§ 80.415 Publications.**

\(a\) The following publications listed in the table contained in §
80.401 are published by the International Telecommunications Union
(ITU):

\(1\) Manual for Use of the Maritime Mobile and Maritime
Mobile‑Satellite Services.

\(2\) List IV--List of Coast Stations.

\(3\) List V--List of Ship Stations.

\(4\) List VI‑List of Radiodetermination and Special Services Stations.

\(5\) List VII A‑Alphabetical List of Call Signs of Stations Used by the
Maritime Mobile Service, Ship Station Selective Call Numbers or Signals
and Coast Station Identification Numbers or Signals.

These publications may be purchased from:

International Telecommunication Union, General Secretariat‑Sales

Section, Place des Nations, CH‑1211 Geneva 20, Switzerland

\(b\) The following publications listed in the table contained in §
80.401 are available as follows:

\(1\) IMO GMDSS Master Plan may be purchased from International Maritime
Organization (IMO), Publications, 4 Albert Embankment, London SE1 7 SR,
United Kingdom; telephone 011 44 71 735 7611.

\(2\) U.S. NIMA Publication 117 may be purchased from Superintendent of
Documents P.O. Box 371954 Pittsburgh, PA 15250-7954, telephone
202-512-1800.

\(3\) The Admiralty List of Radio Signals, Volume 5 -- Global Maritime
Distress and Safety System, may be purchased from UK Hydrographic Office
Admiralty Way, Tauton, Somerset TA1 2DNm United Kingdom, telephone
+44(0) 1823 337900 x3333.

61\. Section 80.417 is revised to read as follows:

§ 80.417 FCC Rules and Regulations.

The Commission\'s printed publications are described in Subpart C of
Part 0 of this chapter. These publications may be purchased from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402. The Commission does not furnish copies of these
publications but will furnish a price list, Information Services and
Publications - Bulletin No. 1, upon request. Requests for copies of this
list may be directed to the Consumer Information Bureau, Consumer
Information Network Division. Information bulletins and fact sheets
containing information about communications issues and the Federal
Communications Commission are also available on the Commission's web
site at www.fcc.gov or ftp.fcc.gov.

62\. Section 80.605 is amended by removing paragraph (d) and revising
paragraphs (b) and (c) to read as follows:

\* \* \* \* \*

**§ 80.605 U.S. Coast Guard coordination**

\* \* \* \* \*

\(b\) Coast station transponders ([i.e.]{.underline}, radar beacons, or
racons) operating in the band 2900-3100 or 9300-9500 MHz shall meet the
requirements of ITU-R Recommendation M.824-2. Applications for
certification of these transponders must include a description of the
technical characteristics of the equipment including the scheme of
interrogation and the characteristics of the transponder response, and
test results demonstrating the device meets each applicable requirement
of this ITU-R recommendation.

\(c\) The use of ship station transponders in the band 2900-3100 or
9300-9500 MHz other than those described in § 80.1065(a)(3) and §
80.1095(b) is prohibited.

63\. Sections 80.801, 80.802, 80.804, 80.805, 80.806, 80.808, 80.809,
80.810, 80.811, 80.812, 80.813, 80.814, 80.815, 80.817, 80.824, 80.825,
80.826, 80.827, 80.828, 80.829, 80.830, 80.831, 80.832, 80.833, 80.834,
80.835 and 80.836 are removed.

64\. Section 80.807 is redesignated as Section 80.268, and as so
redesignated is amended by revising the title and paragraphs (a)(5) and
(b)(3) to read as follows:

§ 80.268 Technical requirements for radiotelephone installation.

\* \* \* \* \*

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

\(5\) This transmitter may be contained in the same enclosure as the
receiver required by paragraph (b) of this section. These transmitters
may have the capability to transmit J2D or J3E transmissions.

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

\(3\) This receiver may be contained in the same enclosure as the
transmitter required by paragraph (a) of this section. These receivers
may have the capability to receive J2D or J3E transmissions.

\* \* \* \* \*

65\. Sections 80.818, 80.819, 80.820, 80.821, 80.822, and 80.823 are
redesignated as Sections 80.288, 80.289, 80.290, 80.291, 80.292, and
80.293, respectively.

66\. Subpart Q is reserved.

**Subpart Q -- \[Reserved\]**

67\. Subpart R is amended by revising the title and table of contents to
read as follows:

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

80.851 Applicability.

80.853 Radiotelephone station.

80.854 Radiotelephone installation.

80.855 Radiotelephone transmitter.

80.858 Radiotelephone receiver.

80.859 Main power supply.

80.860 Reserve power supply.

80.861 Required capacity.

80.862 Proof of capacity.

80.863 Antenna system.

80.864 Emergency electric lights.

80.865 Radiotelephone station clock.

80.866 Spare antenna.

80.867 Ship station tools, instruction books, circuit diagrams and
testing equipment.

80.868 Card of instructions.

80.869 Test of radiotelephone station.

80.871 VHF radiotelephone station.

80.872 The VHF radiotelephone installation.

873. VHF radiotelephone transmitter.

80.874 VHF radiotelephone receiver.

80.875 VHF radiotelephone power supply.

876. VHF radiotelephone antenna system.

80.877 Controls and indicators required for VHF radiotelephone
installation.

80.880 Vessel radio equipment.

80.881 Equipment requirements for ship stations.

68\. Section 80.851 is revised to read as follows:

§ 80.851 Applicability.

The radiotelephone requirements of this subpart are applicable to all
compulsory ships which are not required to comply with Subpart W in
total or in part or are temporarily exempted from some of the Subpart W
provisions.

69\. Section 80.853 is amended by removing paragraph (e).

70\. Sections 80.856, 80.857 , 80.870, and 80.879 are removed.

71\. A new section 80.880 is added to read as follows:

**§ 80.880 Vessel radio equipment.**

\(a\) Vessels operated solely within twenty nautical miles of shore must
be equipped with a VHF radiotelephone installation as described in this
subpart, and maintain a continuous watch on Channel 16.

\(b\) Vessels operated solely within one hundred nautical miles of shore
must be equipped with a medium frequency transmitter capable of
transmitting J3E emission and a receiver capable of reception of J3E
emission within the band 1710 to 2850 kHz, in addition to the VHF
radiotelephone installation required by paragraph (a) of this section,
and must maintain a continuous watch on 2182 kHz. Additionally, such
vessels must be equipped with either:

\(1\) a single sideband radiotelephone 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 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 (b) of this section); or

\(2\) if operated in an area within the coverage of an INMARSAT maritime
mobile geostationary satellite in which continuous alerting is
available, an INMARSAT ship earth station meeting the equipment
authorization rules of parts 2 and 80 of this chapter.

72\. A new section 80.881 is added to read as follows:

**§ 80.881 Equipment Requirements for Ship Stations**

Vessels subject to this Subpart must be equipped as follows:

(a) A category 1, 406.0-406.1 MHz EPIRB meeting the requirements of §
    80.1061;

(b) A NAVTEX receiver meeting the requirements of § 80.1101(c)(1);

(c) A Search and Rescue Transponder meeting the requirements of §
    80.1101(c)(6);

(d) A two-way VHF radiotelephone meeting the requirements of §
    80.1101(c)(7).

73\. Section 80.905 is revised to read as follows:

**§ 80.905 Vessel radio equipment.**

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

\(1\) Vessels operated solely within the communications range of a VHF
public coast station or U.S. Coast Guard station that maintains a watch
on 156.800 MHz while the vessel is navigated must be equipped with a VHF
radiotelephone installation. 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 transmitter
capable of transmitting J3E emission and a receiver capable of reception
of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF
radiotelephone installation required by paragraph (a)(1) of this
section. The MF transmitter and receiver must be capable of operation on
2670 kHz.

\(3\) Vessels operated more than 100 nautical miles but not more than
200 nautical miles from the nearest land must:

\(i\) Be equipped with a VHF radiotelephone installation;

\(ii\) Be equipped with an MF radiotelephone transmitter and receiver
meeting the requirements of paragraph (a)(2) of this section; and

\* \* \* \* \*

\(v\) Be equipped with a NAVTEX receiver conforming to the following
performance standards: IMO Resolution A.525(13) and ITU-R Recommendation
540;

\(vi\) Be equipped with a Category I 406.0-406.1 MHz satellite emergency
position-indicating radiobeacon (EPIRB) meeting the requirements of §
80.1061; and

\(vii\) Participate in the AMVER system while engaged on any voyage
where the vessel is navigated in the open sea for more than 24 hours.
Copies of the AMVER Bulletin are available at: AMVER Maritime Relations,
Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax
212-668-7684.

\(4\) Vessels operated more than 200 nautical miles from the nearest
land must:

\(i\) Be equipped with two VHF radiotelephone installations;

\(ii\) Be equipped with an MF radiotelephone transmitter and receiver
meeting the requirements of paragraph (a)(2) of this section;

\* \* \* \* \*

\(v\) Be equipped with a NAVTEX receiver conforming to the following
performance standards: IMO Resolution A.525(13) and ITU-R Recommendation
540;

\* \* \* \* \*

\(ix\) Participate in the AMVER system while engaged on any voyage where
the vessel is navigated in the open sea for more than 24 hours. Copies
of the AMVER Bulletin are available at: AMVER Maritime Relations,
Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax
212-668-7684.

\(b\) For a vessel that is navigated within the communication range of a
VHF public coast station or U.S. Coast Guard station, but beyond the 20
nautical mile limitation specified in paragraph (a)(1) of this section,
an exemption from the band 1605 to 2850 kHz installation requirements
may be granted if the vessel is equipped with a VHF transmitter and
receiver. An application for exemption must include a chart showing the
route of the voyage or the area of operation of the vessel, and the
receiving service area of the VHF public coast or U.S. Coast Guard
station. The coverage area of the U.S. Coast Guard station must be based
on written information from the District Commander, U.S. Coast Guard, a
copy of which must be furnished with the application. The coverage area
of a public coast station must be computed by the method specified in
subpart P of this part.

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

\(d\) A VHF radiotelephone installation or a remote unit must be located
at each steering station except those auxiliary steering stations which
are used only during brief periods for docking or for close-in
maneuvering. A single portable VHF radiotelephone set meets the
requirements of this paragraph if adequate permanent mounting
arrangements with suitable power provision and antenna feed are
installed at each operator steering station. Additionally, for vessels
of more than 100 gross tons, the radiotelephone installation must be
located at the level of the main wheelhouse or at least one deck above
the vessel\'s main deck.

\* \* \* \* \*

74\. Section 80.909(b) is amended by revising paragraph (b) to read as
follows:

§ 80.909 Radiotelephone transmitter.

\* \* \* \* \*

\(b\) The single sideband radiotelephone must be capable of operating on
maritime frequencies in the band 1710 to 27500 kHz with a peak envelope
output power of at least 120 watts for J3E emission on 2182 kHz and J3E
emission on the distress and safety frequencies listed in § 80.369(b).

\* \* \* \* \*

> 75\. Section 80.933 is amended by revising paragraphs (c) and
> (c)(2)(i) to read as follows:

**§ 80.933 General small passenger vessel exemptions.**

\* \* \* \* \*

\(c\) U.S. passenger vessels of less than 100 gross tons operated on
domestic or international voyages are exempt from the radiotelegraph
requirements of Part II of Title III of the Communications Act and the
MF radiotelephone requirements of this subpart until one year after the
Coast Guard notifies the Commission that shore-based Sea Area A1
coverage is established, if the following criteria are fully met:

> \* \* \* \* \*

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

\(i\) A Category 1, 406.0-406.1 MHz EPIRB meeting the requirements of §
80.1061.

\* \* \* \* \*

76\. Section 80.1051 is revised to read as follows:

§ 80.1051 Scope.

This subpart describes the technical and performance requirements for
Classes A, B, and S, and Categories 1, 2, and 3 EPIRB stations

\* \* \* \* \*

77\. Section 80.1053 is amended to read as follows:

**§** **80.1053 Special requirements for Class A EPIRB stations.**

Class A EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Operation of Class A EPIRB
stations shall be prohibited after December 31, 2006. New Class A EPIRBs
will no longer be certified by the Commission. Existing Class A EPIRBs
must be operated as certified.

78\. Section 80.1055 is amended to read as follows:

**§** **80.1055 Special requirements for Class B EPIRB stations.**

Class B EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Operation of Class B EPIRB
stations shall be prohibited after December 31, 2006. New Class B EPIRBs
will no longer be certified by the Commission. Existing Class B EPIRBs
must be operated as certified.

79\. Section 80.1057 is removed and reserved.

**§ 80.1057 \[Reserved\]**

80\. Section 80.1059 is amended to read as follows:

**§** **80.1059 Special requirements for Class S EPIRB stations.**

Class S EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Operation of Class S EPIRB
stations shall be prohibited after December 31, 2006. New Class S EPIRBs
will no longer be certified by the Commission. Existing Class S EPIRBs
must be operated as certified.

81\. Section 80.1061 is revised 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 titled "RTCM Recommended Standards for 406 MHz
Satellite Emergency Position‑Indicating Radiobeacons (EPIRBs)" version
2.1, dated August 22, 2000. (RTCM Recommended Standards). This RTCM
document is incorporated by reference in accordance with 5 U.S.C.
552(a). The document is available for inspection at Commission
headquarters in Washington, D.C. or may be obtained from the Radio
Technical Commission for Maritime Services, 1800 Diagonal Road, Suite
600, Alexandria, VA 22314. Phone 703-684-4481; Fax 703-684-4229; email
wtadams@rtcm.org.

\(b\) The 406.0-406.1 EPIRB must contain as an integral part a
\"homing\" beacon operating only on 121.500 MHz that meets all the
requirements described in the RTCM Recommended Standards document
described in paragraph (a) of this section. The 121.500 MHz \"homing\"
beacon must have a continuous duty cycle that may be interrupted during
the transmission of the 406.0-406.1 MHz signal only. Additionally, at
least 30 percent of the total power emitted during any transmission
cycle must be contained within plus or minus 30 Hz of the carrier
frequency.

\(c\) Prior to submitting a certification application for a 406.0-406.1
MHz radiobeacon, the radiobeacon must be certified by a test facility
recognized by one of the COSPAS/SARSAT Partners that the equipment
satisfies the design characteristics associated with the measurement
methods described in Appendix B of the RTCM Recommended Standards.
Additionally, the radiobeacon must be certified by a test facility
recognized by the U.S. Coast Guard to certify that the equipment
complies with the U.S. Coast Guard environmental and operational
requirements associated with the test procedures described in Appendix A
of the RTCM Recommended Standards. Information regarding the recognized
test facilities may be obtained from Commandant (G-MSE), U.S. Coast
Guard, 2100 2nd Street SW, Washington, DC 20593-0001.

\(1\) After a 406.0-406.1 MHz EPIRB has been certified by the recognized
test facilities the following information must be submitted in duplicate
to the Commandant (G‑MSE), U.S. Coast Guard, 2100 2nd Street SW,
Washington, DC 20593-0001:

\* \* \* \* \*

\(d\) A certification application for a 406.0-406.1 MHz EPIRB submitted
to the Commission must also contain a copy of the U.S. Coast Guard
letter that states the radiobeacon satisfies all RTCM Recommended
Standards, a copy of the technical test data, and the instruction
manual(s).

\(e\) 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/NESDIS, SARSAT Operations
Division, E/SP3, Federal Building 4, Washington, D.C. 20233. The
registration card must request the owner\'s name, address, telephone
number, type of ship, alternate emergency contact and include the
following statement: \"WARNING \-- failure to register this EPIRB with
NOAA before installation could result in a monetary forfeiture being
issued to the owner.\"

\(f\) To enhance protection of life and property it is mandatory that
each 406.0-406.1 MHz EPIRB be registered with NOAA before installation
and that information be kept up-to-date. Therefore, in addition to the
identification plate or label requirements contained in §§2.925, 2.926
and 2.1003 of this chapter, each 406.0-406.1 MHz EPIRB must be provided
on the outside with a clearly discernable permanent plate or label
containing the following statement: \"The owner of this 406.0-406.1 MHz
EPIRB must register the NOAA identification code contained on this label
with the National Oceanic and Atmospheric Administration (NOAA) whose
address is: NOAA, NOAA/SARSAT Operations Division, E/SP3, Federal
Building 4, Washington, D.C. 20233.\" Vessel owners shall advise NOAA in
writing upon change of vessel or EPIRB ownership, transfer of EPIRB to
another vessel, or any other change in registration information. NOAA
will provide registrants with proof of registration and change of
registration postcards.

\(g\) For 406.0-406.1 MHz EPIRBs whose identification code can be
changed after manufacture, the identification code shown on the plate or
label must be easily replaceable using commonly available tools.

82\. Section 80.1071 is amended by removing paragraph (b)(3), and
revising paragraph (b)(2) and adding a new paragraph (c) to read as
follows:

**§ 80.1071 Exemptions.**

\* \* \* \* \*

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

\(2\) In exceptional circumstances, for a single voyage outside the sea
area or sea areas for which the ship is equipped.

\(c\) All fishing vessels of 300 gross tons and upward are exempt from
Subpart W requirements applicable for carriage of VHF-DSC and MF-DSC
equipment until one year after the USCG establishes GMDSS coast
facilities for Sea Areas A1 and A2, if the following provisions are met:

(1) The ship is equipped with:

\(i\) a VHF radiotelephone installation meeting the requirements of §
80.1101(c)(2).

\(ii\) an MF or HF radiotelephone installation meeting the requirements
of § 80.1101(c)(3)-(4).

\(iii\) a Category 1, 406.0-406.1 MHz EPIRB meeting the requirements of
§ 80.1061

\(iv\) a NAVTEX receiver meeting the requirements of § 80.1101(c)(1);

\(v\) survival craft equipment meeting the requirements of § 80.1095;

\(vi\) a Search and Rescue Transponder meeting the requirements of §
80.1101(c)(6); and

\(2\) The ship remains within coverage of a VHF coast station and
maintains a continuous watch on VHF Channel 16; or

\(3\) The vessel remains within coverage of an MF coast station and
maintains a continuous watch on 2182 kHz and VHF Channel 16.

83\. Section 80.1073 is amended by revising paragraphs (a)(1), (a)(2),
(b), and (b)(6) to read as follows:

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

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

\(1\) A qualified GMDSS radio operator must be designated to have
primary responsibility for radiocommunications during distress
incidents, except if the vessel operates exclusively within twenty
nautical miles of shore, in which case a qualified restricted radio
operator may be so designated.

\(2\) A second qualified GMDSS radio operator must be designated as
backup for distress and safety radiocommunications, except if the vessel
operates exclusively within twenty nautical miles of shore, in which
case a qualified restricted GMDSS radio operator may be so designated.

\(b\) A qualified GMDSS radio operator, and a qualified backup, as
specified in paragraph (a) of this section, must be:

\* \* \* \* \*

\(6\) Responsible for ensuring that the ship\'s navigation position is
entered into all installed DSC equipment, either automatically through a
connected or integral navigation receiver, or manually at least every
four hours when the ship is underway.

84\. Section 80.1074 is amended by deleting paragraph (b)(3) and
revising paragraph (b)(2) to read as follows:

**§** **80.1074 Radio maintenance personnel for at‑sea maintenance.**

\* \* \* \* \*

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

> \(2\) GB: GMDSS Operator's/Maintainer's License.

\* \* \* \* \*

85\. Section 80.1077 is revised to read as follows:

**§ 80.1077 Frequencies.**

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

Alerting:

406.0-406.1 EPIRBs\...\...\...\...\.... 406.0‑406.1 MHz
(Earth-to-space).

1544‑1545 MHz (space‑to‑Earth).

INMARSAT Ship Earth

Stations capable of voice

and/or direct printing\...\...\...\...\...\...1626.5‑1645.5 MHz
(Earth‑to‑space).

VHF DSC Ch. 70\...\...\...\...\...\...\...\...156.525 MHz^1^.

MF/HF DSC^2\ 11..............................\...^2187.5 kHz^3^, 4207.5
kHz,

6312 kHz, 8414.5 kHz, 12577 kHz,

and 16804.5 kHz.

\* \* \*

Locating signals:

406--406.1 EPIRB

Beacons..............................121.5 MHz.

9 GHz radar transponders\...\...\...\...9200-9500 MHz

\* \* \*

Maritime safety information (MSI):

International NAVTEX\...\...\...\...\....518 kHz^7^

Warnings\...\...\...\...\...\...\...\...\...\...\...\...\...490 kHz,
4209.5 kHz

NBDP\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...4210
kHz, 6314 kHz, 8416.5 kHz, 12579 kHz,

16806.5 kHz, 19680.5 kHz, 22376 kHz, 26100.5 kHz

Satellite\...\...\...\...\...\...\...\...\...\...\...\...\...\...1530-1545
MHz^10^

\* \* \*

^1^ Frequency 156.525 MHz can be used for ship-to-ship alerting and, if
within sea area A1, for ship-to-shore alerting.

^2^ For ships equipped with MF/HF equipment, there is a watch
requirement on 2187.5 kHz, 8414.5 kHz, and one other frequency.

^3^ Frequency 2187.5 kHz can be used for ship-to-ship alerting and, if
within sea areas A2, for ship-to-shore alerting.

\* \* \*

^7^ The international NAVTEX frequency 518 kHz is the primary frequency
for receiving maritime safety information. The other frequencies are
used only to augment the coverage or information provided on 518 kHz.

^8^ \[Reserved.\]

^9^ \[Reserved\].

^10^ In addition to EPIRBs, 1544-1545 MHz can be used for narrowband
distress and safety operations and 1645.5-1646.5 MHz can be used for
relay of distress alerts between satellites. Feeder links for satellite
communications are assigned from the fixed satellite service, see 47
CFR\
§ 2.106.

^11^ Routine calling is not permitted on MF and HF DSC frequencies.

\* \* \* \* \*

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

**§** **80.1083 Ship radio installations.**

\* \* \* \* \*

\(d\) A Shipborne Integrated Radiocommunication System (IRCS) may be
utilized to integrate all GMDSS equipment into a standard operator\'s
console. Such installation must be type accepted in accordance with §
80.1103 and meet the requirements of IMO Assembly Resolution A.811(19).

\* \* \* \* \*

87\. Section 80.1085 is amended by adding a new paragraph (a)(6)(iii),
deleting paragraphs (b) and (c), redesignating paragraph (d) as
paragraph (b), adding a new paragraph (c), and revising paragraph
(a)(6)(i) and newly designated paragraph (b) to read as follows:

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

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

7.  \(6\) A satellite emergency position-indicating radio beacon
    (satellite EPIRB) which must be:

\(i\) 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); and

\* \* \* \* \*

\(iii\) Examined and tested annually in accordance with IMO Circular
MSC/Circ.882, Guidelines on annual testing of 406 MHz satellite EPIRBs.
See section 80.1105(k).

\* \* \* \* \*

\(b\) Ships must carry either the most recent edition of the IMO
publication entitled GMDSS Master Plan of Shore-Based Facilities, the
U.S. NIMA Publication 117, or the Admiralty List of Radio Signals Volume
5 Global Maritime Distress and Safety System. Notice of new editions
will be published on the Commission\'s Wireless Telecommunications
Bureau web page under "Marine Services" and information will be provided
about obtaining the new document.

\(c\) All GMDSS equipment capable of transmitting an automatic distress
alert which includes position of the ship must have either an integral
navigation receiver or capability of being connected to an external
navigation receiver. If an external navigation receiver is installed, it
shall be connected to all of the alerting devices referred to above. If
there is no navigation receiver, the position must be entered manually
for each alerting device at least once every 4 hours (at the change of
the navigation watch).

88\. 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
(this requirement may be fulfilled by the 406.0-406.1 MHz EPIRB,
required by §80.1085(a)(6) of this part, either by installing the
406.0-406.1 MHz EPIRB close to, or by allowing remote activation from,
the position from which the ship is normally navigated); or

\* \* \* \* \*

89\. 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) \* \* \* \* \*

\(3\) Means of initiating the transmission of ship-to-shore distress
alerts by a radio service other than MF operating either:

\(i\) Through the polar orbiting satellite service on 406.0-406.1 MHz
(this requirement may be fulfilled by the 406.0-406.1 MHz EPIRB required
by §80.1085(a)(6) of this part, either by installing the 406.0-406.1 MHz
EPIRB close to, or by allowing remote activation from, the position from
which the ship is normally navigated); or

\* \* \* \* \*

90\. Section 80.1091 is amended by revising paragraph (a)(4)(i), adding
a note at the end of paragraph (a)(4)(iii), and revising paragraph
(b)(3)(i) to read as follows:

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

\* \* \* \* \*

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

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

\(i\) Through the polar orbiting satellite service on 406.0-406.1 MHz
(this requirement may be fulfilled by the 406.0-406.1 MHz EPIRB required
by § 80.1085(a)(6) of this part, either by installing the 406.0-406.1
MHz EPIRB close to, or by allowing remote activation from, the position
from which the ship is normally navigated); or

\* \* \* \* \*

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

Note -- For ships subject to this subpart, sailing only in domestic
waters, alternative satellite system fitting may be considered. However,
the satellite system fitted must comply with all features of the
INMARSAT system for its intended function. These are shown in IMO
Assembly Resolution A.801(19) Annex 5, Criteria for Use When Providing
Inmarsat Shore-Based Facilities for Use in the GMDSS, and in IMO
Assembly Resolution A.888(21), Criteria for the Provision of Mobile
Satellite Communications Systems in the GMDSS. In any case, the
alternative satellite system must provide continuous coverage for all
sea areas in which the ship intends to sail.

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

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

\(i\) Through the polar orbiting satellite service on 406.0-406.1 MHz
(this requirement may be fulfilled by the 406.0-406.1 MHz EPIRB required
by §80.1085(a)(6) of this part, either by installing the 406.0-406.1 MHz
EPIRB close to, or by allowing remote activation from, the position from
which the ship is normally navigated); or

\* \* \* \* \*

91\. Section 80.1099 is amended by revising paragraphs (f)(2) and (h) to
read as follows:

**§ 80.1099 Ship sources of energy.**

\* \* \* \* \*

\(f\) \* \* \* \* \*

\(2\) Battery charge levels should be checked at intervals of 30 days or
less with equipment turned ON and the battery charger turned OFF.
Portable equipment with primary batteries such as EPIRBs and SARTs
should be checked at the same intervals using methods recommended by the
manufacturer. The results of battery checks should be recorded in the
radio log.

\* \* \* \* \*

\(h\) If an uninterrupted input of information from the ship\'s
navigational or other equipment to a radio installation required by this
subpart (including the navigational receiver referred to in SOLAS
Chapter IV, Regulation 18) is needed to ensure its proper performance,
means must be provided to ensure the continuous supply of such
information in the event of failure of the ship\'s main or emergency
source of electrical power.

\* \* \* \* \*

92\. Section 80.1101 is revised to read as follows:

**§ 80.1101 Performance standards.**

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

\(2\) International Telecommunication Union - Telecommunication
Standardization Bureau\
(ITU-T) (Standards formerly designated as CCITT are now designated as
ITU-T.)

\* \* \* \* \*

\(5\) International Telecommunication Union - Radiocommunication Bureau
(ITU-R) (Standards formerly designated as CCIR are now designated as
ITU-R.)

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

\(2\) ITU-T Recommendation E.161, "Arrangement of Figures, Letters and
Symbols on Telephones and Other Devices that Can Be Used for Gaining
Access to a Telephone Network," 1989.

\(3\) ITU-T Recommendation Q.11, "Numbering Plan for the International
Telephone Service," 1989.

\* \* \* \* \*

\(6\) IEC Publication 60945, "Maritime Navigation and Radiocommunication
Equipment and Systems," Edition 4.0

\(c\) The equipment specified in this subpart must also conform to the
appropriate performance standards listed below, which are incorporated
by reference, and must be tested in accordance with any IEC testing
standards listed in paragraph (11), below, that are applicable.

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

\(ii\) ITU-R Recommendation M.540-2, "Operational and Technical
Characteristics for an Automated Direct‑printing Telegraph System for
Promulgation of Navigational and Meteorological Warnings and Urgent
Information to Ships," 1990.

\(2\) [VHF radio equipment]{.underline}: (i) IMO Resolution A.803(19),
"Performance Standards for Shipborne VHF Radio Installations Capable of
Voice Communication and Digital Selective Calling," adopted 23 November
1995, as amended by IMO Resolution MSC.68(68), "Adoption of Amendments
to Performance Standards for Shipborne Radiocommunication Equipment."

\(ii\) ITU-R Recommendation M.493-10, "Digital Selective-calling System
for use in the Maritime Mobile Service," 2000, and ITU-R Recommendation
M.541-8, "Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service," 1997.

\(3\) [MF radio equipment:]{.underline} (i) IMO Resolution A.804(19),
"Performance Standards for Shipborne MF Radio Installations Capable of
Voice Communication and Digital Selective Calling," adopted 23 November
1995, as amended by IMO Resolution MSC.68(68), "Adoption of Amendments
to Performance Standards for Shipborne Radiocommunication Equipment."

\(ii\) ITU-R Recommendation M.493-10, "Digital Selective-calling System
for use in the Maritime Mobile Service," 1997, and ITU-R Recommendation
M.541-8, "Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service," 1997.

\(4\) [MF/HF radio equipment]{.underline}: (i) IMO Resolution A.806(19),
"Performance Standards for Shipborne MF/HF Radio Installations Capable
of Voice Communication, Narrow-Band Direct Printing and Digital
Selective Calling," adopted 23 November 1995, as amended by IMO
Resolution MSC.68(68), "Adoption of Amendments to Performance Standards
for Shipborne Radiocommunication Equipment."

\(ii\) ITU-R Recommendation M.493-10, "Digital Selective-calling System
for use in the Maritime Mobile Service," 2000, and ITU-R Recommendation
M.541-8, \"Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service,\" 1997.

\(iii\) ITU-R Recommendation M.625-3, "Direct-printing Telegraph
Equipment Employing Automatic Identification in the Maritime Mobile
Service," 1995. Equipment may conform to ITU-R Recommendation M.476‑5,
"Direct-Printing Telegraph Equipment in the Maritime Mobile Service,"
1995, in lieu of ITU-R Recommendation M.625-3, where such equipment was
installed on ships prior to February 1, 1993.

\* \* \* \* \*

\(5\) [406.0-406.1 MHz EPIRBs]{.underline}: (i) IMO Resolution
A.810(19), "Performance Standards for\
Float-free Satellite Emergency Position‑indicating Radio Beacons
(EPIRBs) Operating on 406 MHz," adopted 23 November 1995, and IMO
Resolution A.812(19), "Performance Standards for Float-free Satellite
Emergency Position-indicating Radio Beacons Operating Through the
Geostationary INMARSAT Satellite System on 1.6 GHz, adopted 23 November
1995.

\(ii\) \* \* \* \* \*

\(iii\) ITU-R Recommendation M.633-1, "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," 1990.

\(iv\) The 406.0-406.1 MHz EPIRBs must also comply with 80.1061.

\(6\) [9 GHz radar transponders]{.underline}: (i) IMO Resolution
A.802(19), "Performance Standards for Survival Craft Radar Transponders
for Use in Search and Rescue Operations," adopted 23 November 1995.

\(ii\) ITU-R Recommendation M.628-1, Technical Characteristics for
Search and Rescue Radar Transponders," 1997.

\(7\) [Two-Way VHF radiotelephone]{.underline}: (i) IMO Resolution
A.809(19), "Performance Standards for Survival Craft Two-Way VHF
Radiotelephone Apparatus," adopted 23 November 1995.

\(ii\) IMO Resolution MSC.80(70), "Adoption of New Performance Standards
for Radiocommunications Equipment," adopted 8 December 1998.

\(8\) [INMARSAT Ship Earth Station Capable of Two-Way
Communications]{.underline}: IMO Resolution A.808(19), "Performance
Standards for Ship Earth Stations Capable of Two-Way Communications,"
adopted 23 November 1995.

\(9\) [INMARSAT‑C SES]{.underline}: IMO Resolution A.807(19),
"Performance Standards for INMARSAT Standard-C Ship Earth Stations
Capable of Transmitting and Receiving Direct-Printing Communications,"
adopted 23 November 1995, as amended by IMO Resolution MSC.68(68),
"Adoption of Amendments to Performance Standards for Shipborne
Radiocommunication Equipment."

\(10\) \* \* \* \* \*

\(11\) [Standards for testing GMDSS equipment]{.underline}:

\(i\) IEC 61097-1 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 1: Radar transponder -- Marine search and rescue
(SART)."

\(ii\) IEC 61097-3 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 3: Digital selective calling (DSC) equipment."

\(iii\) 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."

\(iv\) IEC 61097-6 Ed 1.0, "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)."

\(v\) IEC 61097-7 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 7: Shipborne VHF radiotelephone transmitter and
receiver."

\(vi\) IEC 61097-8 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 8: Shipborne watchkeeping receivers for the reception of
digital selective calling (DSC) in the maritime MF, MF/HF, and VHF
bands."

\(vii\) IEC 61097-9 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 9: Shipborne transmitters and receivers for use in the
MF and HF bands suitable for telephony, digital selective calling (DSC)
and narrow band direct printing (NBDP)."

\(viii\) IEC 61097-10 Ed 1.0, "Global Maritime Distress and Safety
System (GMDSS) -- Part 10: Inmarsat-B ship earth station equipment."

\(ix\) IEC 61097-12 Ed 1.0, "Global Maritime Distress and Safety System
(GMDSS) -- Part 12: Survival craft portable two-way VHF radiotelephone
apparatus."

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

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

\(i\) \* \* \* \* \*

\(ii\) IMO Resolutions A.802(19), A.803(19), A.804(19), A.806(19),
A.807(19), A.808(19), A.810(19), A.811(19) and A.812(19) are contained
in the Resolutions and Other Decisions of the Assembly of the
International Maritime Organization, 19th Session, 1995, (IMO, London,
1988), Sales Number IMO\--194E ISBN No. 91-801-1416-6.

\(iii\) IMO Resolutions A.662(16) and A.664(16) are contained in the
Resolutions and Other Decisions of the Assembly of the International
Maritime Organization, 16th Session, 1989, (IMO, London, 1990), Sales
Number 136 90.04.E

\(iv\) IMO Resolutions A.694(17), and A.700(17) are contained in the
Resolutions and Other

Decisions of the Assembly of the International Maritime Organization,
17th Session, 1991, (IMO, London, 1991, Sales Number IMO-142E ISBN No.
91-801-1281-3.

\(2\) ITU-R Recommendations, ITU Radio Regulations, and ITU-T
publications can be purchased from the International Telecommunications
Union (ITU), Place des Nations, CH‑1211 Geneva 20, Switzerland.

\(i\) All ITU-R Recommendations referenced in this section are contained
in Recommendations of the ITU-R, Volume M series parts 3, 4, and 5.

\(ii\) ITU-T Recommendation E.161 is contained in Facicle II.2 Volume II
\-- Telephone Network and ISDN Operation, Numbering, Routing and Mobile
Service, (ITU, Geneva, 1989, revised in 1993 and 1995).

\(iii\) ITU-T Recommendation Q.11 is contained in Facicle VI.1 Volume II
Numbering Plan for the International Telephone Service, (ITU, Geneva,
1989).

\(3\) 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),
11 West 42nd 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), 11 West 42nd
Street, New York, NY 10036, telephone (212) 642‑4900.

\(5\) Copies of the publications listed in this section that are
incorporated by reference may be inspected at the Federal Communications
Commission, 445 12th Street, SW, (room CY-A257), Washington, DC, or at
the Office of the Federal Register, 800 North Capital Street, NW., suite
700, Washington, DC.

93\. Section 80.1103 is amended by revising paragraphs (a) and (e) to
read as follows:

§ 80.1103 Equipment authorization.

\(a\) All equipment specified in § 80.1101 must be certificated in
accordance with 47 CFR part 2 specifically for GMDSS use, except for
equipment used in the INMARSAT space segment which must be type-approved
by INMARSAT and verified in accordance with 47 CFR part 2 specifically
for GMDSS use. The technical parameters of the equipment must conform to
the performance standards as specified in §80.1101 of this part. For
emergency position-indicating radiobeacons operating on 406.0-406.1 MHz
(406.0-406.1 MHz EPIRBs) that were authorized prior to April 15, 1992,
and meet the requirements of\
§ 80.1101 of this part, the manufacturer may attest by letter that the
equipment (indicate FCC ID#) meets the requirements of § 80.1101 of this
part and request that it be denoted as approved for GMDSS use.

\* \* \* \* \*

\(e\) In addition to the requirements in part 2 of this chapter,
equipment specified in § 80.1101 of this part shall be labeled as
follows: \"This device complies with the GMDSS provisions of Part 80 of
the FCC Rules.\" Such a label is not required for emergency
position-indicating radiobeacons operating on 406.0-406.1 MHz
(406.0-406.1 MHz EPIRBs) that were authorized prior to April 15, 1992.

94\. Section 80.1105 is amended by adding a new paragraph (k) to read as
follows:

§ 80.1105 Maintenance requirements.

\* \* \* \* \*

\(k\) Satellite EPIRBs shall be tested at intervals not exceeding 12
months for all aspects of operational efficiency with particular
emphasis on frequency stability, signal strength and coding. The test
may be conducted on board the ship or at an approved testing or
servicing station.

95\. Section 80.1111 is amended by revising paragraph (d) to read as
follows:

**§ 80.1111 Distress alerting.**

\* \* \* \* \*

\(d\) All stations which receive a distress alert transmitted by digital
selective calling must immediately cease any transmission capable of
interfering with distress traffic and must continue watch on the digital
selective call distress calling channel until the call has been
acknowledged to determine if a coast station acknowledges the call using
digital selective calling. Additionally, the station receiving the
distress alert must set watch on the associated distress traffic
frequency for five minutes to determine if distress traffic takes place.
The ship can acknowledge the call using voice or narrowband direct
printing as appropriate on this channel to the ship or to the rescue
authority.

\* \* \* \* \*

96\. Section 80.1113 is amended by revising paragraphs (b) and (d) 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.493-10 as specified in § 80.1101
of this part.

\* \* \* \* \*

\(d\) Ship-to-ship distress alerts are used to alert other ships in the
vicinity of the ship in distress and are based on the use of digital
selective calling in the VHF and MF bands. The HF bands should not be
used to notify ships in the vicinity unless no response is received
within five minutes on VHF or MF.

\* \* \* \* \*

97\. A new section 80.1114 is added to read as follows:

§ 80.1114 False distress alerts.

The provisions of §§ 80.334 and 80.335 of this part apply.

98\. Section 80.1117 is amended by revising paragraph (a) 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.541-8,
which is incorporated by reference.

\* \* \* \* \*

99\. Section 80.1121 is amended by revising paragraphs (b), (c), and (d)
to read as follows:

**§ 80.1121 Receipt and acknowledgement of distress alerts by ship
stations and ship earth stations.**

\* \* \* \* \*

\(b\) For VHF and MF, ships in receipt of a distress alert shall not
transmit a distress alert relay, but should listen on the distress
traffic channel for 5 minutes and, if appropriate, acknowledge the alert
by radiotelephony to the ship in distress and inform the coast station
and/or Rescue Coordination Center. Distress alert relays to \"all
ships\" on these bands may only be sent by a ship who 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.

(c) For HF, ships in receipt of a distress alert shall listen on the
    distress traffic channel for 5

minutes. If no distress communications are heard and if the call is not
acknowledged by a coast station, the ship shall transmit a distress
relay on HF to the coast radio station and inform the Rescue
Coordination Center. Distress alert relays to "all Ships" on HF may only
be sent by a ship who 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.

\(d\) In cases where distress alert continues to be received from the
same source, the ship may, after consultation with the Rescue
Coordination Center, transmit a DSC acknowledgment to terminate the
call.

\* \* \* \* \*

100\. Section 80.1123 is amended by revising paragraphs (c) and (d) to
read as follows:

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

\* \* \* \* \*

\(c\) Until February 1, 2005, 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.

\(d\) Every ship required to carry a radiotelephone watch receiver must
maintain, while at sea, a continuous watch on the radiotelephone
distress frequency 2182 kHz. This watch must be kept at the position
from which the ship is normally navigated or at a position which is
continually manned.

\* \* \* \* \*

101\. Section 80.1125 is amended by revising paragraph (b) to read as
follows:

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

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

\(b\) Error correction techniques, in accordance with ITU-R
Recommendation 625 as specified in §80.1101 of this part, must be used
for distress traffic by direct-printing telegraphy. All messages must be
preceded by at least one carriage return, a line feed signal, a letter
shift signal and the distress signal MAYDAY.

\* \* \* \* \*

102\. Section 80.1127 is amended by revising paragraphs (b) and (c) to
read as follows:

**§ 80.1127 On-scene communications.**

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

\(b\) Control of on-scene communications is the responsibility of the
unit coordinating search and rescue operations. Simplex communications
must be used so that all on-scene mobile stations may share relevant
information concerning the distress incident. If direct-printing
telegraphy is used, it must be in the forward error-correcting mode in
accordance with ITU-R Recommendation 625 as specified in §80.1101 of
this part.

\(c\) The preferred frequencies in radiotelephony for on-scene
communications are 156.8 MHz and 2182 kHz. The frequency 2174.5 kHz may
also be used for ship-to-ship on-scene communications using narrow-band
direct-printing telegraphy in the forward error correcting mode in
accordance with ITU-R Recommendation 625 as specified in § 80.1101 of
this part.

\* \* \* \* \*

103\. Section 80.1129 is amended by revising paragraph (d) to read as
follows:

**§ 80.1129 Locating and homing signals.**

\* \* \* \* \*

\(d\) The 9 GHz locating signals must be in accordance with ITU-R
Recommendation 628 as specified in § 80.1101 of this part.

104\. Section 80.1131 is amended by revising paragraph (j) to read as
follows:

**§80.1131 Transmissions of urgency communications.**

\* \* \* \* \*

\(j\) Error correction techniques, in accordance with ITU-R
Recommendation 625 as specified in §80.1101 of this part, must be used
for urgency messages by direct-printing telegraphy. All messages must be
preceded by at least one carriage return, a line feed signal, a letter
shift signal and the urgency signal PAN PAN.

\* \* \* \* \*

105\. Section 80.1133 is amended by revising paragraph (g) to read as
follows:

**§ 80.1133 Transmission of safety communications.**

\* \* \* \* \*

\(g\) Error correction techniques, in accordance with ITU-R
Recommendation 625 as specified in §80.1101 of this part, must be used
for safety messages by direct-printing telegraphy. All messages must be
preceded by at least one carriage return, a line feed signal, a letter
shift signal and the safety signal SECURITE.

\* \* \* \* \*

106\. Section 80.1135 is amended by revising paragraph (b) to read as
follows:

**§80.1135 Transmission of maritime safety information.**

\* \* \* \* \*

\(b\) The mode and format of the transmissions mentioned in this section
is in accordance with the ITU-R Recommendation 540 as specified in §
80.1101 of this part.

**APPENDIX C**

**Proposed Rules**

Chapter I of Title 47 of the Code of Federal Regulations, Part 80, is
proposed to be amended as follows:

1\. The authority citation for Part 80 continues to read as follows:

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

2\. Section 80.225 is amended by revising paragraphs (a) and (c) to read
as follows:

§ 80.225 Requirements for selective calling equipment.

\* \* \* \* \*

\(a\) DSC equipment voluntarily installed in coast or ship stations must
meet either the requirements of ITU-R Recommendation 493-10 (including
only equipment classes A, B, D, and E) or RTCM Paper 56-95/SC101-STD.
DSC equipment must not be used with the sensors referred to in\
§ 80.179(e)(2). DSC equipment used on compulsorily fitted ships must
meet the requirements contained in subpart W for GMDSS. All DSC
equipment must:

\(i\) allow the operator to disable any automatic radiotelephone channel
switching function;

\(ii\) allow the operator the option of manually acknowledging any call;

\(iii\) not allow the automatic composition of a distress relay alert
whose acknowledgment had already been received;

\(iv\) automatically erase any position information not updated for more
than 23 ½ hours;

\(v\) explicitly prohibit the offering of wrong identities in relay
messages;

\(vi\) ensure that default selections in a displayed menu requesting
input, when allowed, should at a minimum follow ITU-R Recommendation
M.541-8. A default selection shall never cause an improper or illegal
operation.

\* \* \* \* \*

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

\* \* \* \* \*

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

Frequencies in the 156-162 MHz band

+--------------+-----------------+-----------------+------------------+
| Channel      | Carrier         | Carrier         | Points of        |
| designator   | frequency (MHz) | frequency (MHz) | communication    |
|              |                 |                 |                  |
|              | Ship transmit   | Coast transmit  | (Intership and   |
|              |                 |                 | between          |
|              |                 |                 |                  |
|              |                 |                 | Coast and ship   |
|              |                 |                 | unless           |
|              |                 |                 |                  |
|              |                 |                 | otherwise        |
|              |                 |                 | indicated)       |
+--------------+-----------------+-----------------+------------------+

Port Operations

+--------------+-----------------+-----------------+------------------+
| 01A^1^       | 156.050         | 156.050         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.175         | 156.175         | Intership only.  |
|              |                 |                 |                  |
| 63A^1^       | 156.250         | 156.250         |                  |
| ....         |                 |                 |                  |
| ............ | 156.275         | 156.275         |                  |
|              |                 |                 |                  |
| 05A^2^       | 156.325         | 156.325         |                  |
| ....         |                 |                 |                  |
| ............ | 156.600         | 156.600         |                  |
|              |                 |                 |                  |
| 65A          | 156.675         | 156.675         |                  |
| .....        |                 |                 |                  |
| ............ | 156.700         | 156.700         |                  |
|              |                 |                 |                  |
| 66A          | 156.725         | 156.725         |                  |
| .....        |                 |                 |                  |
| ............ | 156.775         | 156.775         |                  |
|              |                 |                 |                  |
| 12^3^        | 156.825         | 156.825         |                  |
| ......       |                 |                 |                  |
| ............ | 156.875         | ............    |                  |
|              |                 |                 |                  |
| 73. .......  | 157.000         | ............    |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 14^3^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 74. .......  |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 7            |                 |                 |                  |
| 5^18^....... |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 7            |                 |                 |                  |
| 6^18^....... |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 77^4^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 20A^12^      |                 |                 |                  |
| ...          |                 |                 |                  |
| ............ |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Navigational (Bridge-to-Bridge)^5^

+--------------+-----------------+-----------------+------------------+
| 13^6^        | 156.650         | 156.650         |                  |
| ......       |                 |                 |                  |
| ............ | 156.375         | 156.375         |                  |
|              |                 |                 |                  |
| 67^7^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Commercial

+--------------+-----------------+-----------------+------------------+
| 01A^1^       | 156.050         | 156.050         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.175         | 156.175         | Do.              |
|              |                 |                 |                  |
| 63A^1^       | 156.350         | 156.350         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.375         | ...........     | Intership only.  |
|              |                 |                 |                  |
| 07A          | 156.400         | ...........     |                  |
| .....        |                 |                 |                  |
| ............ | 156.450         | 156.450         |                  |
|              |                 |                 |                  |
| 67^7^        | 156.500         | 156.500         |                  |
| ......       |                 |                 |                  |
| ............ | 156.550         | 156.550         |                  |
|              |                 |                 |                  |
| 8.  .......  | 156.900         | 156.900         |                  |
| ............ |                 |                 |                  |
|              | 156.950         | 156.950         |                  |
| 9.  .......  |                 |                 |                  |
| ............ | 156.975         | 156.975         |                  |
|              |                 |                 |                  |
| 10. .......  | 157.025         | 157.025         |                  |
| ............ |                 |                 |                  |
|              | 157.425         | ...........     |                  |
| 11^3^        |                 |                 |                  |
| ......       | 156.625         | ...........     |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 18A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 19A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 79A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 80A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 88A^8^       |                 |                 |                  |
| .....        |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 72^14^       |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Digital Selective Calling

  -------------- ------------------ ------------------ ------------------
  70^15^         156.525            156.525            

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

Noncommercial

+--------------+-----------------+-----------------+------------------+
| 68^17^       | 156.425         | 156.425         | Intership only.  |
| .......      |                 |                 |                  |
| ........\... | 156.450         | 156.450         | Great Lakes      |
|              |                 |                 | only.            |
| 09^16^       | 156.475         | 156.475         |                  |
| .......      |                 |                 | Do.              |
| ........\... | 156.575         | 156.575         |                  |
|              |                 |                 | Intership only.  |
| 69. .......  | 156.625         | ...........     |                  |
| ............ |                 |                 |                  |
|              | 156.925         | 156.925         |                  |
| ```{=html}   |                 |                 |                  |
| <!-- -->     | 156.975         | 156.975         |                  |
| ```          |                 |                 |                  |
| 71. .......  | 157.025         | 157.025         |                  |
| ............ |                 |                 |                  |
|              | 156.375         | ...........     |                  |
| 72. .......  |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 78A          |                 |                 |                  |
| .....        |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 79A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 80A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 67^14^       |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Distress, Safety and Calling

  --------------------- ------------------ ------------------ ------------------
  16                    156.800            156.800            
  ...................                                         

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

Intership Safety

+--------------+-----------------+-----------------+------------------+
| 06           | 156.300         | ............    | a.  Intership,   |
| .......      |                 |                 |     or b. For    |
| ............ |                 |                 |                  |
|              |                 |                 | SAR: Ship and    |
|              |                 |                 | aircraft         |
|              |                 |                 |                  |
|              |                 |                 | for the U.S.     |
|              |                 |                 | Coast Guard.     |
+--------------+-----------------+-----------------+------------------+

Environmental

  ------------------- ------------------ ------------------ ------------------
  15^13^              ............       156.750            Coast to ship
  .................                                         only.

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

Maritime Control

  ----------------- ------------------ ------------------ ------------------
  17^9,\ 10^        156.850            156.850            
  ...............                                         

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

Liaison and Safety Broadcasts, U.S. Coast Guard

  ----------------- ------------------ ------------------ ------------------
  22A^11^           157.100            157.100            Ship, aircraft,
  ...............                                         and coast stations
                                                          of the U.S. Coast
                                                          Guard and at Lake
                                                          Mead, Nev., ship
                                                          and coast stations
                                                          of the National
                                                          Park Service, U.S.
                                                          Department of the
                                                          Interior.

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

156.050 MHz and 156.175 MHz are available for port operations and
commercial communications purposes when used only within the U.S. Coast
Guard designated Vessel Traffic Services (VTS) area of New Orleans, on
the lower Mississippi River from the various pass entrances in the Gulf
of Mexico to Devil's Swamp Light at River Mile 242.4 above head of
passes near Baton Rouge.

^2^ 156.250 MHz is available for port operations communications use only
within the U.S. Coast Guard designated VTS radio protection areas of New
Orleans and Houston described in § 80.383.

^3^ 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S.
Coast Guard designated port areas only for VTS communications and in the
Great Lakes available primarily for communications relating to the
movement of ships in sectors designated by the St. Lawrence Seaway
Development Corporation or the U.S. Coast Guard. The use of these
frequencies outside VTS and ship movement sector protected areas is
permitted provided they cause no interference to VTS and ship movement
communications in their respective designated sectors.

^4^ Use of 156.875 MHz is limited to communications with pilots
regarding the movement and docking of ships. Normal output power must
not exceed 1 watt.

^5^ 156.375 MHz and 156.650 MHz are available primarily for intership
navigational communications. These frequencies are available between
coast and ship on a secondary basis when used on or in the vicinity of
locks or drawbridges. Normal output power must not exceed 1 watt.
Maximum output power must not exceed 10 watts for coast stations or 25
watts for ship stations.

^6^ On the Great Lakes, in addition to bridge-to-bridge communications,
156.650 MHz is available for vessel control purposes in established
vessel traffic systems. 156.650 MHz is not available for use in the
Mississippi River from South Pass Lighted Whistle Buoy "2" and Southwest
Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head
of Passes near Baton Rouge. Additionally it is not available for use in
the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet
Canal, and the Inner Harbor Navigational Canal, except to aid the
transition from these areas.

^7^ Use of 156.375 MHz is available for navigational communications only
in the Mississippi River from South Pass Lighted Whistle Buoy "2" and
Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4
above Head of Passes near Baton Rouge, and in addition over the full
length of the Mississippi River-Gulf Outlet Canal from entrance to its
junction with the Inner Harbor Navigational Canal, and over the full
length of the Inner Harbor Navigational Canal from its junction with the
Mississippi River to its entry to Lake Pontchartrain at the New Seabrook
vehicular bridge.

^8^ Within 120 km (75 miles) of the United States/Canada border, in the
area of the Puget Sound and the Strait of Juan de Fuca and its
approaches, 157.425 MHz is half of the duplex pair designated as Channel
88. In this area, Channel 88 is available to ship stations for
communications with public coast stations only. More than 120 km (75
miles) from the United States/Canada border, in the area of the Puget
Sound and the Strait of Juan de Fuca, its approaches, the Great Lakes,
and the St. Lawrence Seaway, 157.425 MHz is available for intership and
commercial communications. Outside Puget Sound area and its approaches
and the Great Lakes, 157.425 MHz is also available for communications
between commercial fishing vessels and associated aircraft while engaged
in commercial fishing activities.

^9^ When the frequency 156.850 MHz is authorized, it may be used
additionally for search and rescue training exercises conducted by state
or local governments.

^10^ The frequency 156.850 MHz is additionally available to coast
stations on the Great Lakes for transmission of scheduled Coded Marine
Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and
unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions are
permitted. Coast stations on the Great Lakes must cease weather
broadcasts which cause interference to stations operating on 156.800 MHz
until the interference problem is resolved.

^11^ The frequency 157.100 MHz is authorized for search and rescue
training exercises by state or local government in conjunction with U.S.
Coast Guard stations. Prior U.S. Coast Guard approval is required. Use
must cease immediately on U.S. Coast Guard request.

^12^ The duplex pair for channel 20 (157.000/161.600 MHz) may be used
for ship to coast station communications.

^13^ Available for assignment to coast stations, the use of which is in
accord with an agreed program, for the broadcast of information to ship
stations concerning the environmental conditions in which vessels
operate, i.e., weather; sea conditions; time signals; notices to
mariners; and hazards to navigation.

^14^ Available only in the Puget Sound and the Strait of Juan de Fuca.

^15^ The frequency 156.525 MHz is to be used exclusively for distress,
safety and calling using digital selective calling techniques. No other
uses are permitted.

^16^ The frequency 156.450 MHz is available for intership, ship and
coast general purpose calling by noncommercial vessels, such as
recreational boats and private coast stations.

^17^ The frequency 156.425 MHz is assigned by rule to private coast
stations in Alaska for facsimile transmissions as well as voice
communications.

^18^ The frequencies 156.775 and 156.825 MHz are available for
navigation-related port operations or ship movement only, and all
precautions must be taken to avoid harmful interference to channel 16.
Transmitter output power is limited to 1 watt for ship stations, and 10
watts for coast stations.

\* \* \* \* \*

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

**§ 80.1083 Ship radio installations**

\* \* \* \* \*

\(d\) In passenger ships,

\(i\) a distress panel must be installed at the conning position. This
panel shall contain either one single button which, when pressed,
initiates a distress alert using all radiocommunications installations
required on board for that purpose or one button for each individual
installation. The panel must clearly and visually indicate whenever any
button or buttons have been pressed. Means must be provided to prevent
inadvertent activation of the button or buttons. If the satellite EPIRB
is used as the secondary means of distress alerting and is not remotely
activated, it shall be acceptable to have an additional EPIRB installed
in the wheelhouse near the conning position;

\(ii\) information on the ship's position must be continuously and
automatically provided to all relevant radiocommunications equipment to
be included in the initial distress alert when the button or buttons on
the distress panel is pressed; and

\(iii\) a distress alarm panel must be installed at the conning
position. The distress alarm panel must provide visual and aural
indication of any distress alert or alerts received on board and shall
also indicate through which radiocommunication service the distress
alerts have been received.

5\. Section 80.1085 is amended by adding new paragraph (d) to read as
follows:

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

\* \* \* \* \*

\(d\) Every passenger ship shall be provided with means for two-way
on-scene radiocommunications for search and rescue purposes using the
aeronautical frequencies 121.5 and 123.1 MHz from the position from
which the ship is normally navigated.

APPENDIX D

INITIAL REGULATORY FLEXIBILITY ANALYSIS

As required by the Regulatory Flexibility Act (RFA),[^337] the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities of the policies and rules proposed in the *Further Notice of
Proposed Rule Making* in WT Docket No. 00-48 (*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 *Further Notice* as provided in paragraph 142 of the item. The
Commission will send a copy of the *Further Notice*, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.[^338] In addition, the *Further Notice* and IRFA (or
summaries thereof) will be published in the Federal Register*.*[^339]

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

The proposed rules in the *Further Notice* are intended to further
streamline, consolidate and clarify the Commission's Part 80 Rules;
remove unnecessary or duplicative requirements; address new
international maritime requirements; and promote flexibility and
efficiency in the use of marine radio equipment in a manner that will
further maritime safety. In the *Further Notice*, we request comment
specifically on whether we should: (1) establish a voluntary restricted
GMDSS license or take other measures to address the needs of
recreational vessel operators;[^340] (2) clarify or change the safety
watch obligations of public coast stations;[^341] (3) permit unattended
operation of non-DSC equipment;[^342] (4) prohibit ship stations from
including any device capable of transmitting on a distress frequency
without regulatory authorization;[^343] (5) delete any existing emission
classes;[^344] (6) permit the use of Channels 75 and 76 for
navigation-related port operations, subject to specified power limits,
and also require that transmitters operating on such channels be limited
to the specified power limits, with no manual override capability;[^345]
(7) codify in the Rules the RTCM's Recommended Practices for DSC
equipment;[^346] (8) revise our radiotelephone and radiotelegraph
distress call and message transmission procedures to incorporate DSC and
GMDSS procedures;[^347] (9) authorize the use of INMARSAT-E EPIRBs by
U.S. vessels operating solely within the INMARSAT coverage
footprint;[^348] (10) require that small passenger vessels be outfitted
with DSC equipment;[^349] (11) mandate that, on passenger ships, at
least one qualified person be assigned to perform only radio
communications duties during distress situations;[^350] and (12)
incorporate additional SOLAS requirements for equipment in Subpart
W.[^351] We also seek comment on issues pertaining to e-mail requests,
Part 80 tables of frequencies, GMDSS radio operator examination
requirements, and Part 80 cross-references to Part 2 of the Rules.[^352]

B.  **Legal Basis:**

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

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

Under the RFA, small entities may include small organizations, small
businesses, and small governmental jurisdictions, or entities.[^353] 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.[^354] The RFA generally defines the term
"small entity" as having the same meaning as the terms "small business,"
"small organization," and "small governmental jurisdiction."[^355] In
addition, the term "small business" has the same meaning as the term
"small business concern" under the Small Business Act.[^356] A small
business concern is one that: (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.[^357] 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 SBA, and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register."

Small businesses in the aviation and marine radio services use a marine
very high frequency (VHF) radio, any type of emergency position
indicating radio beacon (EPIRB) and/or radar, a VHF aircraft radio,
and/or any type of emergency locator transmitter (ELT). The Commission
has not developed a definition of small entities specifically applicable
to these small businesses. For purposes of this IRFA, therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to radiotelephone (wireless) communications. This
definition is that a "small entity" for purposes of public coast station
licensees, a subgroup of marine radio users, is any entity employing
1,500 of fewer persons. 13 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 marine radio service
providers and users that are small businesses, we have used the 1992
Census of Transportation, Communications, and Utilities, conducted by
the Bureau of the Census, which is the most recent information
available. This document shows that 12 radiotelephone firms out of a
total of 1,178 such firms which operated in 1992 had at least 1,000
employees. Thus, we estimate that as many as 1,166 small entities will
be affected. We invite comment on whether this is the correct definition
to use in this context.[^358]

The proposed amendments may also affect small businesses that
manufacture marine radio equipment. The Commission has not developed a
definition of small entities applicable to Radio Frequency Equipment
Manufacturers (RF Manufacturers). Therefore, the applicable definition
of small entity is the definition under the SBA rules applicable to
manufacturers of "Radio and Television Broadcasting and Communications
Equipment." According to the SBA regulations, an RF manufacturer must
have 750 or fewer employees in order to qualify as a small
business.[^359] Census Bureau data indicate that there are 858 companies
in the United States that manufacture radio and television broadcasting
and communications equipment, and that 778 of these firms have fewer
than 750 employees and would be classified as small entities.[^360] Some
of the companies that manufacture RF equipment may qualify as small
entities. We invite comment on whether this is the correct definition to
use in this context.

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

The *Further Notice* seeks comment on a number of possible rule changes
that may affect reporting, recordkeeping and other compliance
requirements.

The *Further Notice* seeks comment on a proposal by the USCG to require
any coast station operating on Channel 70 to answer a distress call on
Channel 70 if a USCG station does not or cannot answer such a call
within the required time. We ask that commenters provide information on
the economic impact of such a requirement on public coast
stations.[^361]

The *Further Notice* seeks comment on a proposal by the USCG to amend 47
C.F.R. § 80.203 to bar ship stations from including any device capable
of transmitting on a distress frequency without regulatory
authorization. We invite comment specifically on the impact such a rule
change may have on manufacturers.[^362]

The *Further Notice* seeks comment on USCG proposals to make Channels 75
and 76 available for navigation-related port operations, including a
proposal to amend 47 C.F.R. § 80.215(g)(3) to require that transmitters
reduce the carrier power to one watt or less when tuned to Channel 75 or
76, with no manual override capability. We ask commenters to address the
impact such a rule change would have on manufacturers. We ask
specifically whether all new radios should be required to have the two
new channels, and request suggestions on appropriate grandfathering
clauses, should the new transmitter power and channel addition proposals
be implemented.[^363]

The *Further Notice* seeks comment on a USCG proposal to incorporate in
47 C.F.R. § 80.225 the RTCM Special Committee's Recommended Practices
for Digital Selective Calling Equipment Design and Implementation. We
note that this change would affect manufacturers of basic selective
calling equipment as well as digital selective calling equipment, and
ask commenters to address whether and, if so, to what extent existing
equipment should be grandfathered if this proposal is adopted.[^364]

The *Further Notice* seeks comment on a proposal to amend 47 C.F.R. §
80.905(a) to require that the VHF and MF radios mandated by that rule be
DSC-equipped. We observe that this is a major change that would affect
numerous passenger ships, and express concern over the propriety of such
a rule change given that DSC is GMDSS equipment, and small passenger
vessels are not covered by our GMDSS rules.[^365]

The *Further Notice* seeks comment on a USCG proposal to further amend
47 C.F.R. § 80.905(a) to mandate that newly fitted SSB radios required
of ships operating over one hundred nautical miles from shore be
DSC-equipped in accordance with ITU-R Rec. (series) M.493. It also seeks
comment on a related Task Force recommendation to prohibit vessels
operating over two hundred nautical miles from shore from using an SSB
radio in lieu of the HF-DSC channels prescribed for GMDSS. We seek
further comment on these changes for the same reasons applicable to our
Section 80.905(a) proposal discussed in the preceding paragraph.[^366]

The *Further Notice* seeks comment on a proposal to further amend 47
C.F.R. § 80.905(a) to specify that the INMARSAT ship earth stations that
may be carried by ships operating more than one hundred nautical miles
from shore in lieu of an SSB radio be limited to ship earth stations
authorized under this section to INMARSAT A (existing units only), B, C
or M. It also seeks comment on a USCG proposal to amend 47 C.F.R. §
80.905(a) to revise the requirements regarding testing of battery
chargers and updating of position information applicable to vessels
required to carry SSB radios. We seek public comment on these proposals,
particularly with respect to their potential impact on small passenger
vessels.[^367]

The *Further Notice* seeks comment on proposals to amend 47 C.F.R. §§
80.1073, 80.1083, and 80.1085 to incorporate additional GMDSS
requirements for passenger ships. These proposed rule changes pertain to
the availability of GMDSS radio operators in cases of distress, the
installation and operation of distress panels, and equipment that can be
used for two-way search and rescue purposes on the aeronautical
frequencies 121.5 MHz and 123.1 MHz. Comment is invited on all aspects
of these proposals, including the economic impact, if any, on small
entities.[^368]

Finally, commenters are asked to identify any other proposed or
discussed rule changes in the *Further Notice* that may have a
significant economic impact on a substantial number of small entities.

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

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

The *Further Notice* solicits comment on a variety of alternatives set
forth herein that fit into one or more of the above categories. For
example, we ask commenters to consider whether we should provide
grandfathering protection if we adopt certain of the proposed
requirements, and thereby relieve either all affected entities or
affected small entities of the burdens that would attend immediate
implementation of the requirements with no transitional period. We ask
if existing transmitters should be grandfathered from requirements, if
adopted, that transmitters be capable of operating on Channels 75 and 76
and that transmitters reduce the carrier power to one watt or less when
tuned to those channels, with no manual override capability.[^369] We
also ask if existing digital selective calling equipment should be
grandfathered with respect to a requirement, if adopted, to incorporate
the RTCM Special Committee's Recommended Practices for Digital Selective
Calling Equipment Design and Implementation.[^370]

In addition, we hereby invite commenters to address the possibility of
exempting certain entities, particularly small entities, from some of
the proposed requirements. For example, we seek comment on whether the
proposed amendment of 47 C.F.R. § 80.225 should apply to manufacturers
of basic selective calling equipment as well as manufacturers of digital
selective calling equipment.[^371] We also question whether small
passenger vessels should be exempt from the DSC requirements that would
otherwise apply to them by virtue of the proposed amendment of 47 C.F.R.
§ 80.905(a).[^372] More broadly, commenters may suggest, with respect to
any entities, including small entities, exemptions from any of the
requirements proposed or discussed in the *Further Notice*.

Further, the proposed requirements for new equipment generally take the
form of performance standards rather than design standards, and
therefore confer on smaller entities the flexibility to select the most
economical design that can achieve the required performance. For
example, the RTCM standards for digital selective calling equipment that
we propose to incorporate in 47 C.F.R. § 80.225 mandate certain
functionality for digital selective calling equipment but do not mandate
that manufacturers design their equipment in any particular way in order
to achieve that functionality.[^373] In a similar vein, the proposed
requirements for INMARSAT-E EPIRBs are framed strictly in terms of
performance standards.[^374]

We hereby invite interested parties to address any or all of these
regulatory alternatives and to suggest additional alternatives to
minimize any significant economic impact on small entities. Any
significant alternative presented in the comments will be considered.

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

None.

G. Ordering Clauses:

The Commission will send a copy of this *Report and Order and Further
Notice of Proposed Rule Making*, including a copy of the Final
Regulatory Flexibility Certification and a copy of this Initial
Regulatory Flexibility Analysis, in a report to Congress pursuant to the
Congressional Review Act.[^375] In addition, this *Report and Order and
Further Notice of Proposed Rule Making*, Final Regulatory Flexibility
Certification and Initial Regulatory Flexibility Analysis will be sent
to, the Chief Counsel for Advocacy of the Small Business Administration,
and will be published in the Federal Register.[^376]

IT IS FURTHER ORDERED that the Commission\'s Consumer Information
Bureau, Reference Information Center, SHALL SEND a copy of this *Report
and Order and Further Notice of Proposed Rule Making*, including the
Final Regulatory Flexibility Certification and Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.

STATEMENT OF COMMISSIONER

MICHAEL J. COPPS

*RE: Amendment of Parts 13 and 80 of the Commission's Rules Concerning
Maritime Communications.*

I support today's Order. However, I am concerned with one aspect of our
treatment of the Global Maritime Distress and Safety System ("GMDSS").
In our Order, we "delay requirements for fishing vessels to fit GMDSS
equipment . . . on vessels which sail exclusively in Sea Areas A1 and
A2, until one year after the USCG establishes Sea Areas A1 and/or
A2."[^377] I recognize the costs of implementing the GMDSS system, and
the unique circumstance created by Coast Guard facilities not being
complete in these areas. One of the primary responsibilities of the
Commission, however, is to promote "safety of life and property through
the use of wire and radio communication."[^378] I hope that we will
monitor this situation closely to ensure that continued delays in the
system do not place commercial vessels and public safety personnel at
risk.

[^1]: 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) (*Notice* or *NPRM*).

[^2]: The GMDSS Task Force was chartered by the U.S. Coast Guard to
    supplement government functions in expediting the implementation of
    the Global Maritime Distress and Safety System. The Task Force
    membership includes nearly one thousand representatives of
    government agencies, commercial vessel owners and operators,
    recreational vessel interests, training institutions, service
    agents, manufacturers, trade associations and maritime labor
    organizations.

[^3]: 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 ship.

[^4]: Earlier versions of the SOLAS Convention were adopted in 1914,
    1929, 1948 and 1960.

[^5]: 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.

[^6]: *See* 47 C.F.R. § 80.5(7). In practice, the term "voluntary ship"
    generally is understood to refer to a ship that is not compulsory,
    but nonetheless carries equipment. Unless otherwise indicated, our
    use of the term herein should be so construed.

[^7]: 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). For a fuller description of the GMDSS,
    see *NPRM*, 15 FCC Rcd at 5946-49 ¶¶ 5-13.

[^8]: *NPRM**, ***15 FCC Rcd at 5944 ¶ 2.

[^9]: *Id.* at 5944 ¶ 2, 5951 ¶ 17. Leonard Robert Raish has suggested
    that the Commission convert this proceeding into a negotiated
    rulemaking in order to successfully complete the major rewrite
    involved in this proceeding. Leonard Robert Raish Comments at 1.
    Given the advanced stage of this proceeding, we disagree that such a
    conversion would result in a more rapid and efficient resolution.

[^10]: Sea Area A1 is an area within radiotelephone coverage of at least
    one VHF coast station in which continuous DSC alerting is available
    as defined by the IMO. Sea Area A2 is an area, excluding Area A1,
    within radiotelephone coverage of at least one MF coast station in
    which continuous DSC alerting is available as defined by the IMO.
    Sea Area A3 is an area, excluding Areas A1 and A2 within the
    coverage of an INMARSAT geostationary satellite in which continuous
    alerting is available. Sea Area A4 is an area outside Areas A1, A2
    and A3. 47 C.F.R. § 80.1069(a).

[^11]: 47 U.S.C. § 153(39)(C). In the *Notice*, the Commission affirmed
    its view that fishing vessels of 300 gross tons or more are
    considered "cargo ships" and, therefore, subject to the GMDSS
    requirements. *NPRM*, 15 FCC Rcd at 5959 ¶ 32.

[^12]: 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) (*Fishing Vessel
    Order*)*.*

[^13]: *Id*. The need for vessels subject to the GMDSS rules to comply
    with the equipment requirements for Sea Area A3 until Sea Areas A1
    and A2 are declared operational stems from Section 80.1069(a) of the
    Commission's Rules, 47 C.F.R. § 80.1069(a). Section 80.1069(a)(3)
    defines Sea Area A3 as an area, excluding Sea Areas A1 and A2,
    within the coverage of an INMARSAT geostationary satellite in which
    continuous alerting is available. Since INMARSAT coverage is already
    available, while the shore-based radiotelephone coverage that
    defines Sea Areas A1 and A2 does not yet exist domestically, Sea
    Area A3 currently extends to the shoreline, and a vessel subject to
    the GMDSS rules is deemed to be sailing in Sea Area A3 as soon as it
    leaves port.

[^14]: *Id.*

[^15]: *NPRM*, 15 FCC Rcd at 5959-5960 ¶¶ 32-33.

[^16]: *Id.*

[^17]: *Id.*

[^18]: *See id.* at 5960 ¶ 32.

[^19]: Alaska Fishing Fleet Comments at 1.

[^20]: *Id.*

[^21]: *See* The 1993 Torremolinos Protocol (replacing The Torremolinos
    International Convention for the Safety of Fishing Vessels, 1977).
    The 1993 Torremolinos Protocol is to enter into force one year after
    15 states with at least an aggregate of 14,000 vessels, equivalent
    to approximately 50% of the world fishing fleet of vessels at least
    24 meters in length, have ratified the Protocol.

[^22]: *See* United States Coast Guard (USCG) Comments at 9-11; *see
    also* National GMDSS Implementation Task Force (Task Force) Comments
    at 4.

[^23]: The Alaska Fishing Fleet contends that we should delay resolution
    of this issue "until some time closer to the date of \[Sea Area A1\]
    implementation" because such a delay would allow more time to
    evaluate the effectiveness of GMDSS on a national basis; would
    permit consideration and incorporation into the Commission's
    decision of the most recent technological developments in
    communications equipment; and would allow the Commission to consider
    more contemporary market prices for state-of-the-art GMDSS
    technology, thus permitting a more informed costs-benefits analysis
    of requiring GMDSS implementation by fishing vessels. Alaska Fishing
    Fleet Comments at 3. We believe the existing record is sufficient to
    demonstrate that requiring fishing vessels to comply with GMDSS
    following expiration of the exemption will indeed promote marine
    safety and that those safety benefits outweigh the costs of
    outfitting fishing vessels with the requisite equipment. In
    addition, we believe postponing a decision could engender
    unnecessary regulatory uncertainty not only for fishing vessel
    owners and operators but also other maritime radio users. The public
    interest is served by providing clear notice that fishing vessels
    will have to comply with the GMDSS requirements following expiration
    of the exemption; this will give responsible parties ample time to
    prepare for these requirements and will give the entire maritime
    community greater certainty as to what GMDSS covers and does not
    cover.

[^24]: *See NPRM*, 15 FCC Rcd at 5959 ¶ 31.

[^25]: *See* 47 C.F.R. § 80.1085(a)(4), (6).

[^26]: We emphasize that the existing exemption relieves the subject
    fishing vessels only of the requirements to carry VHF-DSC and MF-DSC
    equipment. It does not relieve the fishing vessels 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.

[^27]: *Fishing Vessel Order*, 14 FCC Rcd at 528 n.2.

[^28]: Trident Seafoods Corporation (Trident) Comments at 1.

[^29]: *See* 46 U.S.C. § 45; 46 C.F.R. § 28.

[^30]: *NPRM*, 15 FCC Rcd at 5960 ¶ 34.

[^31]: *Id.* at 5961 ¶ 36.

[^32]: *Id.* The Commission also proposed to amend 47 C.F.R. §
    80.1073(a)(1) to permit the GMDSS radio operator to be a qualified
    restricted radio operator on vessels that operate in Sea Area A1
    exclusively, and 47 C.F.R.\
    § 80.1073(a)(2) to permit a restricted GMDSS radio operator to serve
    as backup for distress and safety radiocommunications. *Id.* at
    5989.

[^33]: Task Force Comments at 4; USCG Comments at 30.

[^34]: In addition, we will revise the amendment to Section
    80.1073(a)(2) to clarify that it was not intended for vessels
    sailing outside Sea Areas A1 and A2 to be permitted to have the
    second GMDSS operator hold only a restricted rating. *See* SEA
    Comments at 4.

[^35]: The PPC is issued by a license examiner, and indicates that the
    holder has successfully completed a license examination. The holder
    forwards this certificate to the Commission with a license
    application. *NPRM*, 15 FCC Rcd at 5961 ¶ 37.

[^36]: *Id.* at 5962 ¶ 39.

[^37]: *See* Task Force Comments at 5.

[^38]: *See* USCG Comments at 12.

[^39]: *NPRM*, 15 FCC Rcd at 5974.

[^40]: *See* Amendment of Parts 80 and 87 of the Commission\'s Rules to
    Permit Operation of Certain Domestic Ship and Aircraft Radio
    Stations Without Individual Licenses, *Report and Order*, WT Docket
    No. 96-82, 11 FCC Rcd 14849 (1996) (eliminating station licensing
    requirement for most VHF ship radio stations); Requirements for
    Restricted Radiotelephone Operator Permits, *Report and Order*, PR
    Docket No. 84-760, FCC 85-42 (1985) (eliminating the requirement for
    the Restricted Radiotelephone Operator Permit in the aviation and
    maritime services except when it is required by statute or treaty).

[^41]: SEA Comments at 4.

[^42]: *Id.*

[^43]: USCG Comments Appendix at 65; Recreational Boating Association of
    Washington (RBAW) Comments at 1.

[^44]: *See* 47 C.F.R. § 13.13(d) (1998).

[^45]: *See* 63 Fed. Reg. 68904, 68942-43 (1998); *see also* 47 C.F.R. §
    13.13 editorial note.

[^46]: *NPRM*, 15 FCC Rcd at 5968-69.

[^47]: The STCW Convention sets qualification standards for masters,
    officers, and watch personnel on seagoing merchant ships. The STCW
    requirements are independent of those of the Commission.

[^48]: *NPRM*, 15 FCC Rcd at 5950 ¶ 16. As pointed out by the USCG, the
    GMDSS Task Force and SEA, some international standards were updated
    after the *Notice* was released, so the standards the Commission
    proposed to adopt are no longer current. *See* USCG Comments at
    12-17; Task Force Comments at 6; SEA Comments at 4. Accordingly, we
    will refer to the most recent standards when we revise the rules.
    *See* Appendix B, *infra*.

[^49]: 47 C.F.R. § 80.1111(d).

[^50]: *NPRM*, 15 FCC Rcd at 5950 ¶ 16*.* Likewise, the Commission
    proposed analogous modifications to 47 C.F.R. §§ 80.1113(d) and
    80.1117(a).

[^51]: Task Force Comments at 2.

[^52]: Globe Wireless (Globe) Comments at 3.

[^53]: USCG Reply Comments at 2.

[^54]: *NPRM*, 15 FCC Rcd at 5951 ¶ 17.

[^55]: Task Force Comments at 2.

[^56]: USCG Comments at 3.

[^57]: 47 C.F.R. § 80.1091. That is, Section 80.1091 sets forth the
    equipment that must be fitted by ships remaining within Sea Areas
    A1, A2, or A3, in addition to the equipment required for all GMDSS
    vessels.

[^58]: *NPRM*, 15 FCC Rcd at 5991.

[^59]: Task Force Comments at 10.

[^60]: 47 C.F.R. § 80.1123(c). Likewise, Section 80.148 requires
    compulsory vessels to maintain a watch on Channel 16 whenever the
    vessel is underway and the station is not being used for exchanging
    communications. 47 C.F.R. § 80.148.

[^61]: *NPRM,* 15 FCC Rcd at 5954 ¶ 24.

[^62]: *Id.* at 5951 ¶ 17. In the Appendix to the *NPRM*, however, the
    proposed rules do not reflect any amendment that would move the
    requirements now set forth in Section 80.1123(c) and (d) to Subpart
    G. Rather, the extension of the Channel 16 watch requirement is
    reflected in Section 80.1123(c) (as well as Section 80.148) in the
    Appendix, and no change is made to Section 80.1123(d) in the
    Appendix.

[^63]: Task Force Comments at 6, 11.

[^64]: We will revisit this issue if the IMO extends the watch date.

[^65]: Task Force Comments at 6, 7, 11.

[^66]: 47 C.F.R. §§ 80.305(a)(2), (b)(1), 80.1123(d). In the *NPRM*, the
    Commission stated incorrectly that these rules provide that every
    compulsory ship at sea must maintain a continuous watch on 2182 kHz.
    *NPRM*, 15 FCC Rcd at 5954 ¶ 24. Section 80.305(a) applies only to
    ships which are equipped with a radiotelegraph station for
    compliance with Part II of Title III of the Communications Act or
    Chapter IV of the Safety Convention, while Section 80.305(b) applies
    only to cargo ships which are equipped with a radiotelephone station
    for compliance with Part II of Title III of the Communications Act
    or Chapter IV of the Safety Convention while being navigated outside
    of a harbor or port. In addition, current Section 80.1123(d)
    provides that the requirement that vessels maintain a continuous
    watch on 2182 kHz extends only until February 1, 1999. We find that
    this misstatement in the *NPRM* does not alter our conclusion, as
    set forth in the text, that a mandatory 2182 kHz watch requirement
    will better serve the public interest in marine safety than a
    voluntary watch.

[^67]: S31.17 and APS 13 § 21(3) of the ITU Radio Regulations.

[^68]: *NPRM*, 15 FCC Rcd at 5954 ¶ 24.

[^69]: SEA Comments at 2.

[^70]: Task Force Comments at 7.

[^71]: Globe Comments at 4.

[^72]: USCG Comments at 7.

[^73]: We reserve discretion to revisit this issue after the USCG
    declares Sea Area A2 operational.

[^74]: 47 C.F.R. § 80.310.

[^75]: *NPRM*, 15 FCC Rcd at 5977. Currently, such vessels are required
    to maintain the watch only when the radio is operating. 47 C.F.R. §
    80.310.

[^76]: *NPRM*, 15 FCC Rcd at 5954 ¶ 24.

[^77]: *Id.* at 5977.

[^78]: We note that a "watch" is defined simply as the "act of listening
    on a designated frequency." 47 C.F.R. § 80.5. We believe the costs
    of maintaining a watch on Channel 16, if any, are not significant.
    Maintaining a watch does not require that a crew member be
    designated to monitor the frequency to the exclusion of all other
    duties. Rather, a watch at sea can be maintained even as the
    responsible crew member performs other duties unrelated to the
    watch, provided he or she remains close enough to hear emergency
    calls. When a vessel is "underway," within the meaning of § 80.5,
    the individual piloting the vessel can simultaneously discharge the
    requirements of the watch.

[^79]: USCG Comments at 7.

[^80]: *See* Globe Comments at 4; Task Force Comments at 3, 7-8; USCG
    Comments at 7; RBAW Reply Comments at 1.

[^81]: Task Force Comments at 7-8.

[^82]: *Id.* at 3.

[^83]: *Id*.

[^84]: *Id*.

[^85]: *NPRM*, 15 FCC Rcd at 5955 ¶ 22. *See also* ¶ 4, *supra*. Founded
    in 1906, 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 60
    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, and were adopted between 1992 and 1999.

[^86]: *NPRM*, 15 FCC Rcd at 5955 ¶ 22*.*

[^87]: USCG Comments at 5-6.

[^88]: IEC standards will be imposed only on GMDSS equipment, because
    the IEC has not developed test standards for non-GMDSS equipment in
    most cases.

[^89]: SEA Comments at 2.

[^90]: *See, e.g.,* Amendment of the Commission's Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands, *Notice of Proposed
    Rulemaking and Order,* ET Docket No. 95-183, 11 FCC Rcd 4930, 4987 ¶
    119 (1995).

[^91]: 47 C.F.R. § 0.331.

[^92]: USCG Comments at 6.

[^93]: 47 C.F.R. § 0.331(d).

[^94]: *See* In the Matter of the 2000 Biennial Regulatory Review, CC
    Docket No. 00-175, *Report*, 16 FCC Rcd 1207 (2001). Although a
    biennial regulatory review of the Part 80 Rules is not statutorily
    required, the Commission has determined that it will conduct
    biennial regulatory reviews that go beyond the minimal statutory
    requirements of examining rules pertaining to telecommunications
    service providers or broadcast ownership that are no longer
    necessary as a result of meaningful economic competition. *Id*. at
    1209 ¶ 6.

[^95]: In addition, we will consider, on a case-by-case waiver basis,
    requests by manufacturers for certification of equipment that meets
    an international standard adopted subsequent to the one incorporated
    by reference in the Part 80 rules.

[^96]: 47 C.F.R. §§ 80.801-80.836

[^97]: 47 U.S.C. § 363.

[^98]: *NPRM*, 15 FCC Rcd at 5953 ¶ 20, 5985.

[^99]: *Id.* at 5953 ¶ 20.

[^100]: *Id.*

[^101]: 47 C.F.R. §§ 80.851-80.879

[^102]: *NPRM* at ¶ 28.

[^103]: *Fishing Vessel Order,* 14 FCC Rcd at 534 ¶ 11.

[^104]: *NPRM*, 15 FCC Rcd at 5956 ¶ 28.

[^105]: Task Force Comments at 9.

[^106]: Specifically, Sections 80.807, 80.818-80.823, 80.825 and 80.879
    will be consolidated into Subpart F. The remaining rules in Subpart
    Q will be deleted and Subpart Q will be designated as reserved.
    Subpart R will be retitled to reflect that it now covers technical
    and operational requirements for cargo vessels exempted from GMDSS
    requirements. In addition, Section 80.851, which describes the
    applicability of the Subpart R requirements, has been amended
    accordingly, and new Sections 80.880 and 80.881 have been added to
    Subpart R.

[^107]: Task Force Comments at 2; Radio Technical Commission for the
    Maritime Services (RTCM) Comments at 2.

[^108]: USCG Comments at 4.

[^109]: 47 U.S.C. § 351(a)(2).

[^110]: 47 C.F.R. §§ 80.351-80.363.

[^111]: 47 C.F.R. § 80.357(a)(3).

[^112]: *NPRM*, 15 FCC Rcd at 5956 ¶ 26.

[^113]: *Id.*

[^114]: *Id*.

[^115]: Emissions are classified and symbolized by alphanumeric
    characters denoting (a) the type of modulation, (b) the nature of
    the signal modulating the main carrier, and (c) the type of
    information to be transmitted. *See* 47 C.F.R. § 2.201. Thus, a
    "J2B" emission is telegraphy for automatic transmission and "J2D" is
    data transmission, telemetry, and telecommand. *Id.*

[^116]: Note 1 to ITU Radio Regulation S52.54.1 specifies that "... use
    of class J2B and J2D emissions are permitted on a non-interference
    basis to A1A Morse operations. However, these emissions shall not be
    used on the HF safety and distress frequencies listed in Appendix
    S15."

[^117]: Task Force Comments at 3; USCG Comments at 31-32.

[^118]: 47 C.F.R. §§ 80.101(c), 80.143, 80.146, 80.207, 80.223, 80.302.

[^119]: Before the next Part 80 biennial review proceeding commences, or
    in conjunction with that proceeding, we may conduct an audit of
    these HF frequencies, analogous to the current audit of Private Land
    Mobile Radio (PLMR) stations licensed on frequencies below 512 MHz,
    to determine the extent to which the HF frequencies are used for
    Morse telegraphy. *See* Wireless Telecommunications Bureau Announces
    Commencement of an Audit of the Construction and Operational Status
    of Private Land Mobile Radio Stations, *Public Notice*, 16 FCC Rcd
    14624 (WTB 2001).

[^120]: 47 C.F.R. §§ 80.1053, 80.1055, 80.1057, 80.1059.

[^121]: *NPRM*, 15 FCC Rcd at 5957-58 ¶ 30.

[^122]: *Id.* at 5957 ¶ 30.

[^123]: *See* USCG Comments at 25.

[^124]: The Commission has on occasion granted waivers of § 80.1053 of
    the Rules to permit devices to be certified as Class B EPIRBs
    although they do not meet all of the technical requirements for
    Class B EPIRBs. *See, e.g.*, Briar Tek Incorporated, *Order*, DA
    02-287 (WTB PSPWD rel. Feb. 7, 2002); David Marshall, *Letter*, 13
    FCC Rcd 23688 (WTB 1998); Letter to Cal Havens, ACR Electronics,
    from D'wana R. Terry, Chief, Public Safety and Private Wireless
    Division, Wireless Telecommunications Bureau, dated August 4, 2000.
    We clarify that our decision herein to phase out the use of Class B
    EPIRBs is not intended to preclude the continued manufacture and use
    beyond the specified phase-out dates of equipment that is certified
    in accordance with such waivers. The continued use of such devices
    does not pose the safety problems that lead us to phase out Class B
    EPIRBs generally. We also note, however, that the RTCM is working on
    121.5 MHz EPIRB standards that may eventually be incorporated into
    our Rules, and we further clarify that nothing herein is intended
    either to enlarge the relief granted in those earlier waiver
    decisions or to preclude modification or termination of the waivers
    at some later time if such action is justified by changed
    circumstances, such as the RTCM's adoption of standards for 121.5
    MHz EPIRBs.

[^125]: *See* Task Force Comments at 4.

[^126]: 47 C.F.R. § 80.409(e)(1).

[^127]: *NPRM*, 15 FCC Rcd at 5983.

[^128]: *Id*. at 5982.

[^129]: Owen Anderson (Anderson) Comments at 2-3.

[^130]: *Id.* at 3.

[^131]: Task Force Comments at 8-9; USCG Comments at 22.

[^132]: Anderson Comments a 3.

[^133]: 47 C.F.R. § 80.905(d).

[^134]: *NPRM*, 15 FCC Rcd at 5985.

[^135]: Task Force Comments at 9.

[^136]: 47 C.F.R. § 80.933.

[^137]: *NPRM*, 15 FCC Rcd at 5987. The current rule allows the
    exemption until February 1, 1999. *See* 47 C.F.R. § 80.933(c).

[^138]: Task Force Comments at 9.

[^139]: SEA Comments at 3; USCG Comments at 24.

[^140]: USCG Comments at 24.

[^141]: *See* 47 C.F.R. § 80.933(c)(3).

[^142]: Maritel, Inc. (Maritel) proposed numerous rule changes relating
    only to public coast stations. These proposals will be addressed in
    the Commission's public coast rulemaking proceeding. *See* Amendment
    of the Commission's Rules Concerning Maritime Communications,
    *Fourth Further Notice of Proposed Rule Making*, PR Docket No.\
    92-57, 17 FCC Rcd 227 (2001).

[^143]: 47 C.F.R. § 80.5.

[^144]: Task Force Comments at 6; USCG Comments at 19-20.

[^145]: Likewise, we decline to follow the Task Force's suggestion that
    we include enabling language in our Rules for the AIS. We believe
    that it is premature to do so at this time because not all of the
    international requirements and standards for AIS equipment have been
    finalized. Nonetheless, we remain committed to the timely deployment
    of AIS, and we will continue to work with the USCG to develop
    licensing, equipment certification, and frequency coordination
    requirements for AIS at an appropriate time. We will address this
    matter further in the public coast rulemaking proceeding, PR Docket
    No. 92-257.

[^146]: 47 C.F.R. § 80.13.

[^147]: USCG Comments at 20.

[^148]: RBAW Comments at 1.

[^149]: *See,* *e.g.,* Reorganization and Revision of Parts 1, 2, 21 and
    94 of the Rules to Establish a New Part 101 Governing Terrestrial
    Microwave Fixed Services, *Memorandum Opinion and Order and Notice
    of Proposed Rule Making*, WT Docket No. 94-148, 15 FCC Rcd 3129,
    3144 ¶ 44 (2000).

[^150]: 47 C.F.R. § 80.51.

[^151]: USCG Comments at 20.

[^152]: 47 C.F.R. § 80.57.

[^153]: USCG Comments at 20.

[^154]: 47 C.F.R. § 80.67.

[^155]: USCG Comments Appendix at 26.

[^156]: *See* 47 C.F.R. §§ 80.143, 80.369(a).

[^157]: 47 C.F.R. § 80.91.

[^158]: USCG Comments at 21.

[^159]: 47 C.F.R. § 80.101.

[^160]: USCG Comments Appendix at 37.

[^161]: *Id.*

[^162]: *See* ¶ 45, *supra*.

[^163]: 47 C.F.R. § 80.143.

[^164]: USCG Comments Appendix at 60.

[^165]: 47 C.F.R. § 80.205.

[^166]: 47 C.F.R. § 80.207.

[^167]: USCG Comments Appendix at 72-73.

[^168]: *See* ¶ 116, *infra*.

[^169]: 47 C.F.R. § 80.209.

[^170]: USCG Comments Appendix at 74-75.

[^171]: 47 C.F.R. § 80.213.

[^172]: USCG Comments at 22.

[^173]: Task Force Comments at 7.

[^174]: USCG Comments Appendix at 91-106.

[^175]: *See* n.106, *supra*.

[^176]: *See, e.g.*, 47 U.S.C. §§ 351(a)(2), 355.

[^177]: 47 C.F.R. § 80.304.

[^178]: Task Force Comments at 7.

[^179]: USCG Comments Appendix at 107.

[^180]: Task Force Comments at 8.

[^181]: *See* 47 C.F.R. § 80.359(a).

[^182]: *See* ¶ 45, *supra*.

[^183]: 47 C.F.R. §§ 80.314, 80.315, 80.316.

[^184]: USCG Comments Appendix at 112-13.

[^185]: Task Force Comments at 8.

[^186]: *Id.*

[^187]: USCG Comments at 17-18.

[^188]: 47 C.F.R. § 80.363.

[^189]: USCG Comments at 9.

[^190]: 47 C.F.R. § 80.374.

[^191]: USCG Comments at 9.

[^192]: 47 C.F.R. § 80.375.

[^193]: USCG Comments at 9.

[^194]: 47 C.F.R. § 80.383.

[^195]: Task Force Comments at 8.

[^196]: 47 C.F.R. § 80.148.

[^197]: 47 C.F.R. § 80.401.

[^198]: *NPRM,* 15 FCC Rcd at 5978-79. As pointed out by some of the
    commenters, the table in the proposed amendment of Section 80.401
    did not reflect the proposed changes but merely replicated the
    existing table.

[^199]: Task Force Comments at 9.

[^200]: SEA Comments at 4.

[^201]: Anderson Comments at 2.

[^202]: 47 C.F.R. § 80.409(b)(1)(i).

[^203]: Anderson Comments at 2.

[^204]: 47 C.F.R. § 80.605(b), (c), (d).

[^205]: USCG Comments at 23.

[^206]: 47 C.F.R. § 80.909(b).

[^207]: *See* ¶ 62, *supra*.

[^208]: USCG Comments Appendix at 232.

[^209]: 47 C.F.R. §§ 80.1001-80.1023.

[^210]: *See* 33 U.S.C. § 1203 (1971).

[^211]: Maritel Comments at 14.

[^212]: USCG Reply Comments at 4.

[^213]: *Id*.

[^214]: USCG Comments at 25.

[^215]: 47 C.F.R. § 80.1061.

[^216]: USCG Comments at 26.

[^217]: *Id*.

[^218]: *Id*. The current procedure for securing equipment authorization
    for EPIRBs calls for the equipment to be tested for compliance with
    the Commission's Rules at a USCG-approved laboratory, after which
    the manufacturer or laboratory forwards the test report and other
    information to the USCG for its review. The USCG then issues a
    letter stating whether the EPIRB is compliant, which must accompany
    the application to the Commission for certification of the EPIRB.

[^219]: Task Force Comments at 10.

[^220]: 47 C.F.R. § 80.1067.

[^221]: USCG Comments at 30.

[^222]: *Id.*

[^223]: *Id.*

[^224]: *S**ee* n.47, *supra*.

[^225]: 47 C.F.R. § 80.1069.

[^226]: 47 C.F.R. § 80.1069(a)(1).

[^227]: USCG Comments at 16.

[^228]: 47 C.F.R. § 80.1071(b)(3).

[^229]: 47 C.F.R. § 80.1074(b)(3).

[^230]: USCG Comments at 15.

[^231]: 47 C.F.R. § 80.1074(a).

[^232]: *Id*.

[^233]: USCG Comments at 31.

[^234]: Task Force Comments at 10.

[^235]: 47 C.F.R. § 80.1105(f).

[^236]: 47 C.F.R. § 80.1073(b)(6).

[^237]: Task Force Comments at 10.

[^238]: 47 C.F.R. § 80.1075.

[^239]: 47 C.F.R. § 80.409(e).

[^240]: Anderson Comments at 4.

[^241]: *Id.*

[^242]: 47 C.F.R. § 80.1077.

[^243]: 47 C.F.R. § 80.359(a).

[^244]: Anderson Comments at 4.

[^245]: *Id.*

[^246]: RBAW Reply Comments at 2.

[^247]: USCG Comments at 18.

[^248]: *Id*. at 18-19. The USCG points out that the footnote is also
    inaccurate because 4209.5 kHz is an internationally recognized and
    used NAVTEX frequency. The USCG plans to use this NAVTEX frequency
    on a trial basis as a means of improving maritime safety broadcast
    service and to cover gaps in coverage of similar information
    broadcast on the international NAVTEX frequency 518 kHz.

[^249]: As an additional measure to remove any confusion regarding
    permissible usage of the frequency 4209.5 kHz, we are amending the
    table in Section 80.359(a) to correct a typographical error. The
    frequency 4209.5 kHz is listed in that table as a DSC Series B ship
    frequency. The table will now list the correct DSC Series B ship
    frequency, 4209.0 kHz.

[^250]: 47 C.F.R. § 80.1085(a)(4).

[^251]: 47 C.F.R. § 80.1101(c)(1).

[^252]: Task Force Comments at 10.

[^253]: USCG Comments at 16.

[^254]: *Id.*

[^255]: 47 C.F.R. § 80.1095.

[^256]: USCG Comments at 32-33. For purposes of comparison, the rule
    currently provides:

    > 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 liferafts 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 of this part. Two-way VHF radiotelephone
    > apparatus provided on board ships prior to February 1, 1992, and
    > not complying fully with the performance standards specified in
    > §80.1101of this part, may be used until February 1, 1999, provided
    > it is compatible with approved two-way VHF radiotelephone
    > apparatus. 47 C.F.R. § 80.1095(a).

[^257]: 47 C.F.R. § 80.1099.

[^258]: USCG Comments at 14.

[^259]: 47 C.F.R. § 80.1105.

[^260]: USCG Comments at 14.

[^261]: For the same reason, we adopt the USCG's associated
    recommendation to amend Section 80.1085(a)(6) to specify that
    satellite EPIRBs be examined and tested annually in accordance with
    IMO Circular MSC/Circ.882, Guidelines on annual testing of 406 MHz
    satellite EPIRBs. *Id*. at 14-15. Accordingly, Sections 80.1085 and
    80.1105 will reflect the same substantive requirement for annual
    testing of satellite EPIRBs pursuant to international standards.

[^262]: Maritel Comments at 3*.*

[^263]: *Id.*

[^264]: *See* In the Matter of Amendment of the Commission's Rules
    Concerning Maritime Communications, *Second Report and Order and
    Further Notice of Proposed Rulemaking,* PR Docket No. 92-257, 12 FCC
    Rcd 16949, 16968 ¶ 32 (1997). In that proceeding, we required that
    all new applications for type acceptance of MF, HF, and VHF marine
    radios received on or after June 17, 1999, comply with either the
    current international DSC standard or the new minimum requirements
    developed by the RTCM and endorsed by the USCG. *Id.*

[^265]: Maritel Comments at 3.

[^266]: *Id.*

[^267]: *See* 47 C.F.R. §§ 80.1077, 80.1111(b).

[^268]: Maritel Comments at 3.

[^269]: USCG Reply Comments at 2.

[^270]: USCG Comments at 20-21.

[^271]: Task Force Comments at 4.

[^272]: RBAW Comments at 1.

[^273]: 47 C.F.R. § 80.103(c).

[^274]: Maritel Comments at 6-7.

[^275]: USCG Reply Comments at 3-4.

[^276]: *Id*.

[^277]: 47 C.F.R. § 80.179.

[^278]: Maritel Comments at 11.

[^279]: An Erlang is a measurement of telephone traffic which indicates
    the loading of a given channel. It is used in probability analysis
    to predict the possibility of a channel being blocked from use,
    *i.e*., in the telephone context, getting a busy signal. A 0.1
    Erlang measurement indicates that 10 percent of the channel capacity
    is being used at any given time. *See* Newton's Telecom Dictionary,
    16^th^ Edition (2000) at 327.

[^280]: 47 C.F.R. § 80.203.

[^281]: USCG Comments at 29.

[^282]: *See* ¶ 66, *supra*.

[^283]: 47 C.F.R. § 80.373.

[^284]: USCG Comments at 8.

[^285]: *See* 47 C.F.R. § 80.871(d).

[^286]: USCG Comments at 8.

[^287]: 47 C.F.R. § 80.215.

[^288]: USCG Comments at 8.

[^289]: 47 C.F.R. § 80.225.

[^290]: USCG Comments at 22.

[^291]: RBAW Reply Comments at 1.

[^292]: SEA Comments at 4.

[^293]: 47 C.F.R. §§ 80.320-80.326.

[^294]: 47 C.F.R. §§ 80.327-80.329.

[^295]: Task Force Comments at 8.

[^296]: *Id*. at 4.

[^297]: USCG Comments at 28.

[^298]: *Id*.

[^299]: *NPRM*, Appendix A, 15 FCC Rcd at 5984.

[^300]: USCG Comments at 23.

[^301]: Task Force Comments at 9.

[^302]: 47 C.F.R. § 80.905(a)(3)(iii)(A), (4)(iii)(A).

[^303]: USCG Comments at 23.

[^304]: Task Force Comments at 9.

[^305]: 47 C.F.R. § 80.905(a)(3)(iii)(B), (4)(iii)(B).

[^306]: USCG Comments at 24.

[^307]: 47 C.F.R. § 80.905(a)(3)(iv), (4)(iv).

[^308]: USCG Comments at 24.

[^309]: *Id.*

[^310]: *Id*. at 15.

[^311]: 47 C.F.R. § 80.1073(b)(1).

[^312]: 47 C.F.R. § 80.1083.

[^313]: USCG Comments at 13-14.

[^314]: *Id.*

[^315]: Task Force Comments at 11.

[^316]: *See, e.g*., 47 C.F.R. §§ 80.313, 80.374(b)(2), (c)(2),
    80.379(a).

[^317]: 47 C.F.R. § 13.203(a)(5).

[^318]: *See* Wireless Telecommunications Bureau Approves New Commercial
    Operator License Examination (COLE) Question Pool for Element 7
    (Global Maritime Distress and Safety System (GMDSS) Radio Operating
    Procedures), *Public Notice*, 16 FCC Rcd 14466 (WTB 2001).

[^319]: See ¶ 13, *supra*.

[^320]: 47 C.F.R. § 80.1103(b)-(c).

[^321]: *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, 11443 (1998).

[^322]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^323]: 5 U.S.C. § 603.

[^324]: 5 U.S.C. § 605(b).

[^325]: *Id*.

[^326]: 5 U.S.C. § 601(3).

[^327]: 5 U.S.C. § 632.

[^328]: *See* ¶ 38, *supra.*

[^329]: *Id.*

[^330]: *See, e.g*., ¶ 42, *supra* (eliminating unnecessary rules
    regarding ship radiotelephone and radar installations, and
    conforming those that remain to the international requirements); ¶
    44, *supra* (permitting J2B and J2D emissions in the HF band to
    increase operational flexibility and spectrum efficiency); ¶¶ 52-54,
    *supra* (providing regulatory relief with respect to small passenger
    vessels by permitting the installation of portable VHF-DSC radios
    and by extending the existing GMDSS exemption for such vessels to
    one year after the USCG declares Sea Areas A1 and A2.); ¶¶ 69, 72,
    *supra* (removing obsolete rules).

[^331]: *NPRM*, 15 FCC Rcd at 5964.

[^332]: Although their comments did not specifically address the
    certification of no significant impact in the *NPRM*, the Alaska
    Fishing Fleet did argue that requiring fishing vessels to comply
    with certain GMDSS equipment requirements would impose an
    unnecessary economic burden. Alaska Fishing Fleet Comments at 1. We
    note that the Alaska Fishing Fleet did not attempt to quantify the
    costs of this burden, and that their argument that this is an undue
    burden is premised largely on their contention that requiring
    fishing vessel compliance with these requirements would not promote
    safety, an argument that we have squarely rejected. *See* ¶¶ 9-10,
    *supra*. Finally, and most importantly, these requirements were
    imposed in 1992, not in the instant rulemaking. *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).

[^333]: See 5 U.S.C. § 801(a)(1)(A).

[^334]: *See* 5 U.S.C. § 605(b).

[^335]: The *Further Notice of Proposed Rule Making* is not confined to
    such issues regarding the economic impact of the proposals on the
    affected entities, but rather also seeks comment on other issues
    pertaining to the proposals.

[^336]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order,* GC Docket No. 97-113, 13 FCC Rcd 11322 (1998).

[^337]: *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) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^338]: *See* 5 U.S.C. § 603(a).

[^339]: *Id*.

[^340]: *See* ¶¶ 109-10, *supra*.

[^341]: *See* ¶¶ 111-13, *supra*.

[^342]: *See* ¶ 114, *supra*.

[^343]: *See* ¶ 115, *supra*.

[^344]: *See* ¶ 116, *supra*.

[^345]: *See* ¶¶ 117-18, *supra*.

[^346]: *See* ¶ 119, *supra*.

[^347]: *See* ¶ 120, *supra*.

[^348]: *See* ¶ 121, *supra*.

[^349]: *See* ¶¶ 122-25, *supra*.

[^350]: *See* ¶ 126, *supra*.

[^351]: *See* ¶¶ 127-28, *supra*.

[^352]: *See* ¶¶ 129-32, *supra*.

[^353]: 5 U.S.C. § 601(6).

[^354]: 5 U.S.C. § 603(b)(3).

[^355]: *Id*.

[^356]: 5 U.S.C. § 601(3).

[^357]: 5 U.S.C. § 632.

[^358]: We believe that using the definition of radiotelephone operators
    in this context is fully consonant with the spirit of the RFA in
    that it likely overstates the number of small businesses that own
    and operate large oceangoing vessels in the commercial maritime
    industry. *See, e.g.*, Waterborne Transportation Lines of the United
    States, Volume 2, Vessel Company Summary, available on the World
    Wide Web at <http://www.iwr.usace.army.mil/ndc/>, for information on
    the businesses involved in this industry. We thus choose to err, if
    at all, on the side of overestimating the number of small entities
    potentially affected by these rules.

[^359]: *See* 13 C.F.R. § 121.201, North American Industrial
    Classification System (NAICS) Code 33422.

[^360]: ^ ?^ *See* U.S. Department of Commerce, 1992 Census of
    Transportation, Communications and Utilities (issued May 1995),
    NAICS code 33422.

[^361]: *See* ¶ 113, *supra*.

[^362]: *See* ¶ 115, *supra*.

[^363]: *See* ¶ 118, *supra*.

[^364]: *See* ¶ 119, *supra*.

[^365]: *See* ¶ 122, *supra*.

[^366]: *See* ¶ 123, *supra*.

[^367]: *See* ¶¶ 124-125, *supra*.

[^368]: *See* ¶¶ 126-128, *supra*.

[^369]: *See* ¶ 118, *supra*.

[^370]: *See* ¶ 119, *supra*.

[^371]: *See* *id.*

[^372]: *See* ¶¶ 123-25, *supra*.

[^373]: *See* ¶ 119, *supra*.

[^374]: *See* ¶ 121, *supra*.

[^375]: *See* 5 U.S.C. § 801(a)(1)(A).

[^376]: *See* 5 U.S.C. § 605(b).

[^377]: *In the Matter of Amendment of Parts 13 and 80 of the
    Commission's Rules Concerning Maritime Communications*, Report and
    Order and Further Notice of Proposed Rulemaking, WT Doc No. 00-48, ¶
    9.

[^378]: 47 U.S.C. § 151.