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 Federal  Communications  Commission  FCC  02-  102
 Before  the  Federal  Communications  Commission
 Washington,  D.  C.  20554
 In  the  Matter  of
 Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime
 Communications
 Petition  for  Rule  Making  Filed  by  Globe  Wireless,  Inc.
 )  )
 )  )
 )  )
 )  )
 WT  Docket  No.  00-  48
 RM-  9499
 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  Operators  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
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 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
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 Appendices:  Appendix  A    List  of  Commenters
 Appendix  B    Final  Rules  Appendix  C    Proposed  Rules
 Appendix  D    Initial  Regulatory  Flexibility  Analysis
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 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY
 1.  In  this  Report  and  Order,  we  adopt  changes  to  Part  80  of  the  Commissions  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  Operators  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  Operators  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  Commissions  Rules.  In  addition,  we  today  decide  not  to  extend  the  fishing  vessel  exemption  to  other  vessels.
 II.  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
 1  Amendment  of  Parts  13  and  80  of  the  Commissions  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.
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 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
 III.  REPORT  AND  ORDER
 A.  Notice  Proposals
 1.  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
 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  Commissions  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).
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 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  Commissions  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
 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  Commissions  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.
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 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  Fleets
 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  Commissions  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
 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  Commissions  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  (continued.)
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 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.
 2.  Commercial  Operator  Licenses
 a.  Restricted  GMDSS  Radio  Operators  License
 12.  Background.  Presently,  we  issue  one  type  of  commercial  radio  operator  license  for  GMDSS  operators,  the  GMDSS  Radio  Operators  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
 (Continued  from  previous  page)  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.
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 restricted  operators  certificate  for  GMDSS  operators  on  ships  sailing  exclusively  within  Sea  Area  A1,  it  proposed  the  introduction  of  a  Restricted  GMDSS  Radio  Operators  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.
 b.  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  USCGs  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.
 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.
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 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.
 c.  Other  Matters
 16.  In  the  Notice,  the  Commission  proposed  to  revise  Section  80.165  to  require  a  restricted  operators  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
 Commissions  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  operators  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  operators  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  Commissions  Universal  Licensing  System  proceeding.  45  We
 now  adopt  the  Commissions  proposal  in  the  Notice  to  restore  this  provision  to  the  rule.  46  We  caution
 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.
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 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
 3.  Global  Maritime  Distress  and  Safety  System
 a.  Distress  Call  Monitoring  and  Acknowledgment
 18.  Background.  IMO  and  ITU  recommendations  and  standards  have  been  modified  extensively  since  the  Commissions  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
 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.
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 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.  Globes
 concern  that  ship  crews  may  be  tempted  to  disable  their  systems,  resulting  in  less  monitoring,  is  not  compelling  as  any  such  actions  by  a  ships  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.
 b.  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.
 c.  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
 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.
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 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.
 4.  Safety  Watch  Requirements  and  Procedures
 a.  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  IMOs  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  USCGs  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
 (Continued  from  previous  page)  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.
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 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  Forces  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.
 b.  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
 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.
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 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
 c.  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
 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
 (continued.)
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 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.
 d.  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.
 (Continued  from  previous  page)  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.
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 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.
 5.  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
 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  worlds  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  Commissions  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).
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 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  Bureaus  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
 6.  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
 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.
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 Finally,  the  Commission  sought  comment  on  the  Task  Forces  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.
 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).
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 7.  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
 Globes  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  USCGs  assertion  that  there  are  no  commercial  or  government  operated
 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.
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 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
 8.  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  Commissions  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
 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  Dwana  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.)
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 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
 9.  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  stations  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  stations  own  ship,  or  a
 summary  of  distress  communications  from  vessels  themselves  in  distress  plus  distress  and  urgency  communications  affecting  the  stations  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  (Continued  from  previous  page)
 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  RTCMs  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.
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 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.
 10.  Small  Passenger  Vessels
 a.  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.
 b.  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
 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).
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 54.  Discussion.  We  agree  with  the  Task  Forces  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  USCGs
 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.
 B.  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  Commissions  Rules.  What  follows  is  our
 discussion  of  additional  rule  changes  suggested  by  certain  commenters.  142
 1.  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.
   Distress  Traffic:  align  with  S32.40  and  should  include  a  person.    Inland  Waters:  amend  to  cite  33  C.  F.  R.    80.01.
   Maritime  mobile  service  identities:  amend  to  include  the  abbreviation  MMSI.    Navigable  Waters:  adjust  to  reflect  the  current  wording  of  33  C.  F.  R.    2.05.
   Pilot:  update  to  reflect  the  current  Title  46  U.  S.  Code  requirements.    Safety  Signal  and  Urgency  Signal:  amend  to  remove  mention  of  radiotelegraphy.
 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  Commissions  public  coast  rulemaking  proceeding.  See  Amendment  of  the  Commissions  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.
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 They  also  recommend  adding  the  following  definitions:
   INMARSAT:  INMARSAT  Ltd.  is  a  private  commercial  company  licensed  in  the  United  Kingdom.
   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.    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.
 2.  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
 145  Likewise,  we  decline  to  follow  the  Task  Forces  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.
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 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.
 3.  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
 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.
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 ITU  Radio  Regulations.  158  We  agree  and  will  replace  this  section  accordingly.  The  adoption  of  the  USCGs  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  USCGs  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.
 4.  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.
 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.
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 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
 5.  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  USCGs  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
 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.
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 6.  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
 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.
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 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  USCGs  recommendation  that  WRC-  97  decisions  pertaining  to
 false  distress  alerts  be  incorporated  herein.  187
 7.  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
 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.
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 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  Forces  concern.
 8.  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  Commissions  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.
 9.  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
 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).
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 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:
 (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.
 10.  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.
 11.  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
 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.
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 by  Maritels  proposed  change.  213
 82.  We  disagree  with  Maritels  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  Maritels  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  Maritels  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.
 12.  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
 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  Commissions  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
 (continued.)
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 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  Forces  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  USCGs  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.
 13.  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  Maintainers  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  USCGs  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  Maintainers  License  are  subject
 to  the  STCW  requirements,  224  and  in  the  absence  of  record  evidence  to  support  a  finding  that  adoption  of  the  USCGs  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
 (Continued  from  previous  page)  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  See  n.  47,  supra.
 225  47  C.  F.  R.    80.1069.
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 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  USCGs  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  USCGs  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,  manufacturers  recommended  spare  parts,  and  appropriate  test
 equipment.  234  We  decline  to  take  any  action  on  the  Task  Forces  proposal,  however,  as  its  suggested
 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.
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 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  ships  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  Forces  proposal  would  permit  the  DSC,  INMARSAT
 station,  or  satellite  EPIRB  to  provide  the  ships  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  Forces  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  Andersons  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
 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.
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 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
 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.
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 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  USCGs  suggestion.
 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.
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 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  USCGs  suggestion.  261
 14.  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
 15.  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.
 259  47  C.  F.  R.    80.1105.
 260  USCG  Comments  at  14.
 261  For  the  same  reason,  we  adopt  the  USCGs  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  Commissions  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.
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 16.  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.
 17.  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.
   Change  the  address  for  Radio  Technical  Commission  for  Maritime  Services  (RTCM)  to  Suite  600,  1800  Diagonal  Road,  Alexandria,  VA  22314,  http://  www.  rtcm.  org.
 We  agree  with  the  USCGs  proposal,  and  will  implement  this  proposal  in  our  Rules  where  applicable.
 IV.  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.
 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.
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 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  RTCMs  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.
 1.  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.
 2.  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
 271  Task  Force  Comments  at  4.
 272  RBAW  Comments  at  1.
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 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  Maritels  comments,  the  USCG  replies  that  it  supports  a  provision  within  the  Commissions  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  Maritels  and  the  USCGs  respective  proposals.  We  seek  clarification  of  the
 parties  positions.  Further,  we  seek  comment  on  the  Commissions  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.
 3.  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  Maritels  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  Maritels  proposal,
 and  the  impact  and  implications  thereof.
 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  Newtons  Telecom  Dictionary,  16  th  Edition  (2000)  at  327.
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 4.  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  USCGs
 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
 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.
 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.
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 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
 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  101s
 Recommended  Practices  for  Digital  Selective  Calling  Equipment  Design  and  Implementation.  It  recommends  that  the  following  language  be  added  to  Section  80.225(  a):  290
 (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    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
 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.
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 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
 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
 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
 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.
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   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
 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  Commissions  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.
 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.
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 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
 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
 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
 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.
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 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  ships  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.
 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
 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
 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.
 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).
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 14.  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  Operators  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
 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
 A.  Ex  Parte  Rules  -  Permit-  But-  Disclose  Proceeding
 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
 B.  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,
 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  Commissions  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.
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 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
 324  5  U.  S.  C.    605(  b).
 325  Id.
 326  5  U.  S.  C.    601(  3).
 327  5  U.  S.  C.    632.
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 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
 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  Commissions  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).
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 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  Commissions  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.
 C.  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
 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).
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 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.
 D.  Paperwork  Reduction  Act
 145.  This  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making  does  not  contain  any  new  or  modified  information  collection.
 E.  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  Commissions  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
 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
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 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
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 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.
 *  *  *  *  *
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 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  Operators  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  Operators
 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  Operators  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.
 *  *  *  *  *
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 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  Operators  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.
 *  *  *  *  *
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 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  Operators  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.
 (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.
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 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).  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  subpart  W  of  this
 part.)
 *  *  *  *  *
 Distress  signal.  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  maider.  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.  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.  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
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 CFR  80.01,  as  well  as  waters  within  its  land  territory,  such  as  rivers  and  lakes,  over  which  the  United  States  exercises  sovereignty.
 INMARSAT.  INMARSAT  Ltd.  is  a  private  commercial  company  licensed  in  the  United  Kingdom.
 *  *  *  *  *
 Maritime  mobile  service  identities  (MMSI).  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.  (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.  (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.
 (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.
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 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)  *  *  *  *  *
 (1)  *  *  *  *  *
 (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.
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 (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.  (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.  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.  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.
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 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  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.  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.
 *  *  *  *  *
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 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.  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:
 *  *  *  *  *
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 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  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.
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 \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)
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 *  *  *  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  Radiotelegraphy:
 *  *  *  *  *  1605-  27500  kHz:
 Manual  15  16  17  ..........  DSC  16  ....................
 NB-  DP  14  16  ............  *  *  *
 Radiotelephony:  1605-  27500  kHz  5  16  ...........
 *  *  *  Land  Stations  1
 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
 *  *  *
 A1A,  J2A,  J2B,  J2D  F1B,  J2B
 F1B,  J2B,  J2D  *  *  *
 H3E,  J2D,  J3E,  R3E
 A1A,  J2A,  J2B,  J2D  F1B,  J2B
 F1B,  J2B,  J2D  *  *  *
 A1A,  A2A,  F1B,  F2B,  J2B,  J2D
 H3E,  J2D,  J3E,  R3E
 A2B,  A3B,  H2B,  H3E,  J2B  and  J3E
 A3E,  A3X,  N0N
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 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.
 *  *  *  *  *
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 27.  Section  80.209  is  amended  by  revising  the  table  in  paragraph  (a)  to  read  as  follows.
   80.209  Transmitter  frequency  tolerances.
 (a)  *  *  *  *  *
 (1)  *  *  *  *  *
 (ii)  Ship  stations:
 For  transmitters  with  narrow-  band  direct  printing  and  data  emissions  .............................
 For  transmitters  with  digital  selective  calling  emissions  ......................................
 For  all  other  transmitters..............................
 (iii)  Ship  stations  for  emergency  only:
 For  all  emissions
 (iv)  Survival  craft  stations:
 For  all  emissions
 20  Hz.
 10  Hz.  2
 10  Hz.
 20  Hz.
 20  Hz.
 *  *  *
 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
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 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.  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.  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
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 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:
 (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.
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 (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;
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 (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.
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 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
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 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.
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 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:
 (1)  Transmission  by  a  mobile  unit  in  distress;
 (2)  Reception;
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 (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  ships  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.,  own  ships  acknowledgment),  if  that  feature  is  available;
 (iii)  Set  to  Channel  16;  and
 (iv)  Transmit  a  broadcast  message  to  All  stations  giving  the  ships  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.,  own  ships  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  ships  name,  call  sign  or  registration  number,  and  MMSI,  and  cancel  the  false  distress  alert.
 (c)  HF  Digital  Selective  Calling.
 (i)  Reset  the  equipment  immediately;
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 (ii)  Transmit  a  DSC  distress  alert  cancellation  (i.  e.,  own  ships  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  ships  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(  1)  Ship  station  frequencies.  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.
 *  *  *  *  *
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 (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(  1)  Frequencies  in  the  100-  27500  kHz  band.  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.  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.
 *  *  *  *  *
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 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.  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.
 *  *  *  *  *
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 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.  The  carrier  frequencies  assignable  to  ship  stations  for  directional  finding  operations  are:
 CARRIER  FREQUENCY
 8364  KHZ  121.500  MHZ
 243.00  MHZ
 *  *  *  *  *
 (e)  Search  and  Rescue  Radar  Transponder  Stations.  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:
83
 Federal
 Communications
 Commission
 FCC
 02-
 102
 83
 Radio
 Station
 Category
 S  t  a  t  i  o  n  L  i  c  e  n  s  e
 A  p  p  r  o  p  r  i  a  t  e  O  p  e  r  a  t  o  r  A  u  t  h  o  r  i  z  a  t  i  o  n
 S  t  a  t  i  o  n  L  o  g  s
 A  p  p  r  o  p  r  i  a  t  e  S  a  f  e  t  y  C  o  n  v  e  n  t  i  o  n  C  e  r  t  i  f  i  c  a  t  e
 C  o  m  m  u  n  i  c  a  t  i  o  n  s  A  c  t  S  a  f  e  t  y  C  e  r  t  i  f  i  c  a  t  e
 G  r  e  a  t  L  a  k  e  s  R  a  d  i  o  A  g  r  e  e  m  e  n  t  S  a  f  e  t  y  C  e  r  t  i  f  i  c  a  t  e
 B  r  i  d  g  e  t  o  B  r  i  d  g  e  A  c  t  S  a  f  e  t  y  C  e  r  t  i  f  i  c  a  t  e
 P  a  r  t  8  0  ;  F  C  C  R  u  l  e  s  a  n  d  R  e  g  u  l  a  t  i  o  n  s
 A  l  p  h  a  b  e  t  i  c  a  l  L  i  s  t  o  f  M  a  r  i  t  i  m  e  M  o  b  i  l  e  C  a  l  l  S  i  g  n  s
 L  i  s  t  o  f  S  h  i  p  S  t  a  t  i  o  n  s
 Manual  for  Use  by  Maritime  Mobile  (M/  M)  Service  &  M/  M  Satellite  Service
 L  i  s  t  o  f  C  o  a  s  t  S  t  a  t  i  o  n  s
 L  i  s  t  o  f  R  a  d  i  o  d  e  t  e  r  m  i  n  a  t  i  o  n  a  n  d  S  p  e  c  i  a  l  S  e  r  v  i  c  e  s  S  t  a  t  i  o  n  s
 S  t  a  t  i  o  n  E  q  u  i  p  m  e  n  t  R  e  c  o  r  d  s
 GMDSS  Master  Plan
 N  I  M  A  P  u  b  l  i  c  a  t  i  o  n  1  1  7
 A  d  m  i  r  a  l  t  y  L  i  s  t  o  f  R  a  d  i  o  S  i  g  n  a  l  s
 IMO  Circ.  7
 Shipboard:
 Cargo
 Ships
 (300
 gross
 tons
 and
 up)
 R1
 R
 R
 R
 R
 R
 R
 R
 R
 R
 R5
 R5
 R5
 R5
 Passenger
 Vessels
 
 SOLAS
 R1
 R
 R
 R
 R
 R
 R
 R
 R2
 R
 R5
 R5
 R5
 R5
 Passenger
 Vessels
 
 Domestic
 R1
 R
 R
 R
 R
 Telephone;
 Great
 Lakes
 Radio
 Agreement
 R
 R
 R4
 R4
 Telephone;
 Bridge-  to-
 Bridge
 Act
 R
 R
 R
 R
 Radar
 R
 On
 Board
 R
 R
 Voluntary
 R
 R
 Land:
 Public
 Coast
 (MF)
 R
 R
 R
 R
 R3
 R3
 R3
 Public
 Coast
 (HF)
 R
 R
 R
 R
 R
 R
 R
 Public
 Coast
 (VHF)
 R
 R
 R
 R
 Private
 Coast
 R
 R
 Radio
 Determination
 R
 R
 Operational
 Fixed
 R
 R
 Maritime
 Support
 R
 R
 Alaska
 
 Public
 Fixed
 R
 R
 R
 Alaska
 
 Private
 Fixed
 R
 R
 Ship/
 Coast:
 Marine
 Utility
 R
 R
 LEGEND:  R  =  REQUIRED
 DOCUMENTS  
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 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.  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.  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
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 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
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 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  Commissions  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.,  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
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 80.288,  80.289,  80.290,  80.291,  80.292,  and  80.293,  respectively.
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 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.
 80.873  VHF  radiotelephone  transmitter.  80.874  VHF  radiotelephone  receiver.
 80.875  VHF  radiotelephone  power  supply.  80.876  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.
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 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
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 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
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 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.
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 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
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 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.
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 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:
 *  *  *  *  *
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 (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.
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 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  Operators/  Maintainers  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.
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 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)  *  *  *  *  *
 (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
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 *  *  *  *  *
 (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:
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   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.
 *  *  *  *  *
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 (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:  (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.
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 (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:  (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:  (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:  (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:  (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.
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 (7)  Two-  Way  VHF  radiotelephone:  (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:  IMO  Resolution  A.  808(  19),  Performance  Standards  for  Ship  Earth  Stations  Capable  of  Two-  Way  Communications,
 adopted  23  November  1995.
 (9)  INMARSAT-  C  SES:  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:
 (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)  *  *  *  *  *
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 (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
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 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.
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 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.
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 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.
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 (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.
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 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.
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 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    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:
 *  *  *  *  *
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 (f)  Frequencies  in  the  156-  162  MHz  band.  The  following  tables  describe  the  carrier  frequencies  available  in  the  156-  162  MHz  band  for  radiotelephone  communications  between  ship  and  private  coast
 stations.  (Note:  the  letter  A  following  the  channel  designator  indicates  simplex  operation  on  a  channel  designated  internationally  as  a  duplex  channel.)
 Frequencies  in  the  156-  162  MHz  band
 Channel  designator  Carrier  frequency  (MHz)  Ship  transmit  Carrier  frequency  (MHz)  Coast  transmit  Points  of  communication  (Intership  and  between
 Coast  and  ship  unless  otherwise  indicated)
 Port  Operations  01A  1  .
 63A  1  .  05A  2  .
 65A  ..  66A  ..
 12  3    73  .
 14  3    74  .
 75  18  .  76  18  .
 77  4    20A  12  
 156.050  156.175
 156.250  156.275
 156.325  156.600
 156.675  156.700
 156.725  156.775
 156.825  156.875
 157.000
 156.050  156.175
 156.250  156.275
 156.325  156.600
 156.675  156.700
 156.725  156.775
 156.825  
   Intership  only.  Intership  only.  Navigational  (Bridge-  to-  Bridge)  5
 13  6    67  7    156.650  156.375  156.650  156.375
 Commercial  01A  1  .
 63A  1  .  07A  ..
 67  7    08  .
 09  .  10  .
 11  3    18A  ...
 19A  ...  79A  ...
 80A  ...  88A  8  ..
 72  14  ...
 156.050  156.175
 156.350  156.375
 156.400  156.450
 156.500  156.550
 156.900  156.950
 156.975  157.025
 157.425  156.625
 156.050  156.175
 156.350  ..
 ..  156.450
 156.500  156.550
 156.900  156.950
 156.975  157.025
 ..  ..
 Intership  only.  Do.
 Intership  only.  Intership  only.
 Digital  Selective  Calling  70  15  156.525  156.525
 Noncommercial  68  17  ...
 09  16  ...  69  .
 71  .  72  .
 156.425  156.450
 156.475  156.575
 156.625
 156.425  156.450
 156.475  156.575
 ..  Intership  only.
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 78A  ..  79A  ...
 80A  ...  67  14  ...
 156.925  156.975
 157.025  156.375
 156.925  156.975
 157.025  ..  Great  Lakes  only.  Do.  Intership  only.
 Distress,  Safety  and  Calling  16  .  156.800  156.800
 Intership  Safety  06  .  156.300    a.  Intership,  or  b.  For
 SAR:  Ship  and  aircraft  for  the  U.  S.  Coast  Guard.
 Environmental  15  13  ..    156.750  Coast  to  ship  only.
 Maritime  Control  17  9,  10    156.850  156.850
 Liaison  and  Safety  Broadcasts,  U.  S.  Coast  Guard  22A  11    157.100  157.100  Ship,  aircraft,  and  coast
 stations  of  the  U.  S.  Coast  Guard  and  at  Lake  Mead,
 Nev.,  ship  and  coast  stations  of  the  National
 Park  Service,  U.  S.  Department  of  the
 Interior.  1  156.050  MHz  and  156.175  MHz  are  available  for  port  operations  and  commercial  communications
 purposes  when  used  only  within  the  U.  S.  Coast  Guard  designated  Vessel  Traffic  Services  (VTS)  area  of  New  Orleans,  on  the  lower  Mississippi  River  from  the  various  pass  entrances  in  the  Gulf  of  Mexico  to
 Devils  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
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 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
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 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  ships  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.
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 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.
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 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.  Need  for,  and  Objectives  of,  the  Proposed  Rules:
 The  proposed  rules  in  the  Further  Notice  are  intended  to  further  streamline,  consolidate  and  clarify  the  Commissions  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  RTCMs  Recommended  Practices  for  DSC  equipment;  346  (8)  revise  our
 radiotelephone  and  radiotelegraph  distress  call  and  message  transmission  procedures  to  incorporate  DSC
 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.
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 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
 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.
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 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
 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.
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 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  Committees  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
 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.
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 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.
 368  See    126-  128,  supra.
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 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  Committees  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
 369  See    118,  supra.
 370  See    119,  supra.
 371  See  id.
 372  See    123-  25,  supra.
 373  See    119,  supra.
 374  See    121,  supra.
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 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.
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 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.
 375  See  5  U.  S.  C.    801(  a)(  1)(  A).
 376  See  5  U.  S.  C.    605(  b).
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 STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS
 RE:  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications.
 I  support  todays  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.
 377  In  the  Matter  of  Amendment  of  Parts  13  and  80  of  the  Commissions  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.
124