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 Federal  Communications  Commission  FCC  06-  129 
 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. 


 Amendment  of  the  Commissions  Rules  Concerning  Maritime  Communications 


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 WT  Docket  No.  00-  48 
 RM-  9499 
 PR  Docket  No.  92-  257 


 MEMORANDUM  OPINION  AND  ORDER,  THIRD  REPORT  AND  ORDER,  AND  THIRD  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  August  29,  2006  Released:  September  8,  2006 
 Comment  Date:  [60  days  after  Federal  Register  publication]  Reply  Comment  Date:  [90  days  after  Federal  Register  publication] 


 By  the  Commission: 
 TABLE  OF  CONTENTS 
 Heading  Paragraph  No. 
 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY.....................................................................  1  II.  BACKGROUND  .............................................................................................................................  5 
 III.  MEMORANDUM  OPINION  AND  ORDER..................................................................................  8  A.  Commercial  Operator  Licenses    Proof  of  Passing  U.  S.  Coast  Guard  Training  ................  8 
 B.  GMDSS  Distress  Call  Monitoring  and  Acknowledgement  ..............................................  10  C.  Channel  16  Watch  Requirement  .......................................................................................  12 
 1.  Compulsory  Vessels  ............................................................................................  12  2.  Voluntary  Vessels  ................................................................................................  14 
 D.  2182  kHz  Watch  Requirement..........................................................................................  15  E.  Station  Logs  ......................................................................................................................  18 
 F.  Procedures  for  Canceling  False  Alerts..............................................................................  22  G.  Emergency  Position  Indicating  Radiobeacons  (EPIRBs)  .................................................  23 
 H.  Routine  Calling  on  DSC  Frequencies  ...............................................................................  24  IV.  THIRD  REPORT  AND  ORDER...................................................................................................  26 
 A.  DSC  Equipment  Standards  ...............................................................................................  26  B.  INMARSAT  Ship  Earth  Stations......................................................................................  30 
 C.  Reserve  Power  Requirements  for  Small  Passenger  Vessels  .............................................  34  D.  Commercial  Operator  License  Issues  ...............................................................................  40 
 E.  Ship  Security  Alert  System  (SSAS)..................................................................................  42  F.  Updated  References  to  International  Standards  ................................................................  45 
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 G  2002  Biennial  Review.......................................................................................................  46  H.  Other  Matters  ....................................................................................................................  52 
 V.  THIRD  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING  ................................................  68  A.  INMARSAT-  E  Earth  Stations  ..........................................................................................  68 
 B.  GPS  Requirement  for  VHF-  DSC  Handheld  Equipment...................................................  69  C.  Carriage  Requirements  for  Small  Passenger  Vessels  .......................................................  71 
 D.  Ship  Station  Facsimile  Frequencies/  Transmission  of  Data  on  Voice  Channels  ...............  72  E.  Private  Coast  Station  Frequencies  ....................................................................................  73 
 F.  Radar  Standards  ................................................................................................................  74  G.  Testing  of  GMDSS  Radio  Equipment  ..............................................................................  75 
 VI.  CONCLUSION..............................................................................................................................  76  VII.  PROCEDURAL  MATTERS  .........................................................................................................  77 
 A.  Ex  Parte  Rules    Permit-  But-  Disclose  Proceeding  ...........................................................  77  B.  Regulatory  Flexibility  Act  ................................................................................................  78 
 C.  Comment  Dates.................................................................................................................  82  D.  Paperwork  Reduction  Act.................................................................................................  83 
 E.  Congressional  Review  Act................................................................................................  85  F.  Further  Information...........................................................................................................  86 
 VIII.  ORDERING  CLAUSES................................................................................................................  88  APPENDIX  A-  Commenting  Parties 
 APPENDIX  B-  Final  Rules  APPENDIX  C-  Final  Regulatory  Flexibility  Analysis 
 APPENDIX  D-  Initial  Regulatory  Flexibility  Analysis 
 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  With  this  Memorandum  Opinion  and  Order,  Third  Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making,  we  further  the  ongoing  efforts  of  the  Federal  Communications 


 Commission  (FCC  or  Commission)  to  ensure  that  its  Part  80  rules  governing  the  Maritime  Radio  Services  1  continue  to  promote  maritime  safety,  maximize  effective  and  efficient  use  of  the  spectrum 
 available  for  maritime  communications,  accommodate  technological  innovation,  avoid  unnecessary  regulatory  burdens,  and  maintain  consistency  with  international  maritime  standards  to  the  extent 
 consistent  with  the  United  States  public  interest.  We  also  seek  in  this  proceeding  to  ensure  that  we  regulate  the  Maritime  Radio  Services  in  a  manner  that  advances  our  nations  homeland  security.  In  recent 
 years,  the  Commission  has  addressed  issues  pertaining  to  the  Maritime  Radio  Services  primarily  in  two  rulemaking  proceedings:  the  WT  Docket  No.  00-  48  proceeding  initiated  to  develop  rules  for  domestic 
 implementation  of  the  Global  Maritime  Distress  and  Safety  System  (GMDSS),  2  and  the  PR  Docket  No.  92-  257  proceeding  concerning  VHF  public  coast  (VPC)  stations.  3  We  address  here:  (a)  petitions  for 


 1  See  47  C.  F.  R.    80.  1  et  seq. 
 2  The  GMDSS  is  a  ship-  to-  shore  and  ship-  to-  ship  distress  communications  system  using  satellite  and  digital 
 selective  calling  (DSC)  technology.  See  para.  5,  infra,  for  additional  background  information.  DSC  is  an  internationally  approved  system  for  automatically  contacting  vessels  on  MF,  HF  and  VHF  frequencies.  It  allows 


 mariners  to  instantly  send  an  automatically  formatted  distress  alert  to  the  Coast  Guard  or  other  rescue  authority  anywhere  in  the  world.  DSC  also  allows  mariners  to  initiate  or  receive  distress,  urgency,  safety  and  routine 
 radiotelephone  calls  to  or  from  any  similarly  equipped  vessel  or  shore  station,  without  requiring  either  party  to  be  near  a  radio  loudspeaker.  DSC  acts  like  the  dial  and  bell  of  a  telephone,  allowing  users  to  direct  dial  and  ring 
 other  maritime  radio  stations.  3 
 The  VPC  service  was  established  to  provide  commercial  mobile  radio  services  (CMRS)  in  port  and  coastal  areas,  permitting  ships  to  send  and  receive  messages  and  to  interconnect  with  the  public  switched  telephone  network. 
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 reconsideration  of  the  Report  and  Order  in  WT  Docket  No.  00-  48;  4  and  (b)  comments  filed  in  response  to  the  Second  Further  Notice  in  WT  Docket  No.  00-  48.  In  addition,  we  adopt  a  Third  Further  Notice  of 
 Proposed  Rule  Making  in  WT  Docket  No.  00-  48  (Third  Further  Notice)  to  request  comment  on  additional  issues  concerning  the  Maritime  Radio  Service.  5 


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


 4  See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Report  and 
 Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  48,  17  FCC  Rcd  6741  (2002)  (Report  and  Order  and  Further  Notice,  respectively).  We  note  that  a  petition  for  reconsideration  of  the  Sixth  Report  and  Order 


 in  PR  Docket  No.  92-  257,  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Second  Report  and  Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule 
 Making,  WT  Docket  No.  00-  48  and  PR  Docket  No.  92-  257,  19  FCC  Rcd  3120  (2004)  (Second  Report  and  Order,  Sixth  Report  and  Order  and  Second  Further  Notice,  respectively),  was  filed  by  MariTEL,  Inc.  (MariTEL).  In  the 
 Sixth  Report  and  Order,  the  Commission  adopted  rules  for  the  certification  of  Automatic  Identification  System  (AIS)  equipment.  See  Sixth  Report  and  Order,  19  FCC  Rcd  at  3155-  56    67;  47  C.  F.  R.    80.  275,  80.1101(  c)(  12). 
 Acknowledging  that  significant  issues  concerning  AIS  were  the  subject  of  pending  petitions  filed  by  the  National  Telecommunications  and  Information  Administration  (NTIA)  and  by  MariTEL,  the  Commission  concluded  that  it 
 was  unnecessary  to  defer  adoption  of  rules  to  govern  certification  of  AIS  equipment  until  those  other  AIS  issues  were  resolved.  See  Sixth  Report  and  Order,  19  FCC  Rcd  at  3154-  55    64,  67.  MariTELs  Petition  for 
 Reconsideration  argues  that  the  Commission  ignored  information  on  the  detrimental  impact  that  certification  of  AIS  equipment,  under  the  rules  adopted,  would  have  on  MariTEL,  and  that  the  rules  effectively  delegate  to  international 
 regulatory  agencies  a  determination  of  whether  AIS  equipment  should  be  approved  for  use  in  the  United  States.  See  MariTEL  Petition  for  Reconsideration  at  3  (filed  Dec.  8,  2004),  corrected  by  MariTEL  Amendment  to  Petition 
 for  Reconsideration  (filed  April  12,  2005).  These  arguments  are  closely  interrelated  with  the  issues  to  be  resolved  in  the  WT  Docket  No.  04-  344  AIS  Rulemaking  Proceeding.  See  Amendment  of  the  Commissions  Rules  Regarding 
 Maritime  Automatic  Identification  Systems,  Memorandum  Opinion  and  Order  and  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  04-  344,  19  FCC  Rcd  20071  (2004)  (AIS  NPRM).  The  key  issue  in  the  AIS  Rulemaking 
 Proceeding  is  the  identification  of  appropriate  channels  for  domestic  AIS  use,  and  the  crux  of  MariTELs  argument  here  is  that  the  Commission  should  not  certify  AIS  equipment  that  is  designed  to  operate  on  a  simplex  basis  on 
 Channels  87B  and  88B  in  accordance  with  the  international  AIS  standards.  Accordingly,  MariTELs  Petition  for  Reconsideration  of  the  Sixth  Report  and  Order  was  addressed  in  the  AIS  Rulemaking  Proceeding.  We  therefore 
 terminate  PR  Docket  No.  92-  257.  5 
 Finally,  we  make  a  number  of  minor  changes  to  our  Part  80  rules  to  remove  obsolete  provisions,  update  terminology  and  cross-  references,  reflect  statutory  changes  and  previous  regulatory  decisions,  or  otherwise  make 


 them  more  streamlined  and  clearer,  as  explained  in  each  case  below.  See,  e.  g.,    22-  23,  25,  53-  67,  infra.  Because  these  changes  do  not  affect  the  rights  or  obligations  of  any  party  subject  to  these  rules,  we  believe  that  the  public 
 will  not  be  interested  in  commenting  and  thus  we  find  good  cause  to  adopt  these  changes  without  notice  and  comment. 
 6  We  received  timely  petitions  for  reconsideration  of  the  Report  and  Order  from  Kurt  Anderson,  Owen  Anderson, 
 Ron  Neuman  (Neuman),  the  Radio  Technical  Commission  for  Maritime  Services  (RTCM),  and  the  United  States  Coast  Guard  (USCG  or  Coast  Guard).  These  petitions  are  addressed  in  the  instant  Memorandum  Opinion  and  Order 


 in  WT  Docket  No.  00-  48.  We  note  that  the  Coast  Guard  petitioned  for  reconsideration  of  the  decision  not  to  add  a  definition  of  Automatic  Identification  Systems  (AIS)  to  Section  80.  5  of  the  Commissions  rules,  47  C.  F.  R.    80.  5. 
 Coast  Guard  Petition  for  Reconsideration  at  1-  2.  We  will  add  the  Coast  Guards  petition  to  the  record  of  the  AIS  Rulemaking  Proceeding,  where  similarly  the  Commission  has  proposed  to  adopt  a  definition  of  AIS.  See  AIS 
 NPRM,  19  FCC  Rcd  at  20117.  We  also  take  no  action  in  response  to  Kurt  Andersons  and  Owen  Andersons  suggestions  that  all  of  the  Commissions  rules  governing  GMDSS  should  be  grouped  together  in  Subpart  W, 
 obviating  any  need  to  cross-  reference  any  rules  outside  Subpart  W.  See  Kurt  Anderson  Petition  for  Reconsideration  at  1;  Owen  Anderson  Petition  for  Reconsideration  at  3.  These  recommendations  do  not  pertain  to  any  particular 
 decision  adopted  in  the  Report  and  Order,  and  the  petitioners  do  not  identify  particular  rules  to  be  added  to  Subpart  W.  With  respect  to  this  issue,  we  find  these  petitions  for  reconsideration  to  be  deficient.  See  47  C.  F.  R.   
 1.  106(  d)(  1)  (stating  that  a  petition  for  reconsideration  shall  state  with  particularity  the  respects  in  which  petitioner  (continued....) 
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 years,  the  IMO,  the  International  Telecommunication  Union  (ITU),  13  the  International  Electro-  technical  Commission  (IEC),  14  and  the  International  Standards  Organization  (ISO)  15  have  revised  the  international 
 standards  for  GMDSS  equipment. 
 6.  With  the  primary  goal  of  ensuring  that  the  GMDSS  rules  in  Part  80  are  consistent,  to  the  extent  feasible  and  appropriate,  with  the  most  up-  to-  date  international  standards,  the  Commission  initiated 


 the  WT  Docket  No.  00-  48  proceeding  with  the  release  of  a  Notice  of  Proposed  Rule  Making  on  March  17,  2000.  16  The  Commission  also  proposed  to  delete  or  modify  rules  affected  by  full  implementation  of 
 GMDSS  or  that  had  otherwise  become  unnecessary  or  in  need  of  clarification  due  to  changed  circumstances,  while  inviting  interested  parties  to  propose  other  changes  to  Part  80.  17  On  April  9,  2002, 
 the  Commission  released  the  Report  and  Order,  in  which  it  consolidated,  revised  and  streamlined  the  Part  80  rules.  18  In  addition  to  adopting  the  Report  and  Order,  the  Commission  adopted  the  Further  Notice, 
 soliciting  comment  on  the  desirability  of  further  amending  Part  80  to  better  reflect  the  state  of  GMDSS  implementation  and  other  developments.  19  In  the  instant  Memorandum  Opinion  and  Order,  we  address 
 petitions  for  reconsideration  of  the  Report  and  Order.  20 
 7.  The  Commission  resolved  the  issues  raised  in  the  Further  Notice  in  the  Second  Report  and  Order,  released  February  12,  2004,  which  further  updated  and  streamlined  Part  80.  21  The  Second 


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


 14  The  IEC  is  a  global  organization  that  prepares  and  publishes  international  standards  for  all  electrical,  electronic 
 and  related  technologies.  Its  membership  consists  of  more  than  sixty  participating  countries,  including  all  of  the  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. 
 15  The  ISO  is  a  worldwide  federation  of  national  standards  bodies.  The  United  States  is  represented  through  the 
 American  National  Standards  Institute  (ANSI).  The  mission  of  the  ISO  is  to  promote  the  development  of  standardization  and  related  activities  in  the  world  with  the  aim  of  facilitating  the  international  exchange  of  goods 


 and  services,  and  of  developing  cooperation  in  the  spheres  of  intellectual,  scientific,  technological  and  economic  activity. 
 16  See  Amendment  of  Parts  13  and  80  of  the  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)  (GMDSS  NPRM). 


 17  Id.  at  5944    2,  5951    17. 
 18  See  Report  and  Order,  17  FCC  Rcd  at  6744    2,  for  a  summary  of  the  significant  actions  taken  in  the  Report  and 
 Order.  19 
 See  Further  Notice,  17  FCC  Rcd  at  6781    108,  for  a  summary  of  the  matters  on  which  comment  was  requested  in  the  Further  Notice. 


 20  The  Commission  did  not  address  the  petitions  for  reconsideration  of  the  Report  and  Order  at  the  same  time  it 
 adopted  the  Second  Report  and  Order  because  the  record  on  the  issues  discussed  in  the  Further  Notice,  and  resolved  in  the  Second  Report  and  Order,  was  finalized  well  before  petitions  for  reconsideration  of  the  Report  and  Order 


 could  be  filed.  This  occurred  because  the  Further  Notice  was  published  in  the  Federal  Register  well  before  the  Report  and  Order.  Compare  67  Fed.  Reg.  35086  (May  17,  2002)  (Further  Notice)  with  68  Fed.  Reg.  46957  (Aug.  7, 
 2003)  (Report  and  Order).  21 
 See  Second  Report  and  Order,  19  FCC  Rcd  at  3122    2,  for  a  summary  of  the  significant  actions  taken  in  the  Second  Report  and  Order. 
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 Report  and  Order  was  accompanied  by  the  Second  Further  Notice.  22  In  the  instant  Third  Report  and  Order,  we  address  the  comments  filed  in  response  to  the  Second  Further  Notice.  In  addition,  many  of  the 
 comments  filed  in  response  to  the  Second  Further  Notice,  as  well  as  other  developments  that  have  occurred  subsequent  to  the  adoption  of  the  Second  Report  and  Order  and  Second  Further  Notice,  indicate 
 that  there  may  be  a  need  to  further  amend  the  Part  80  rules  to  ensure  that  they  continue  to  serve  the  public  interest.  Accordingly,  the  instant  Third  Further  Notice  of  Proposed  Rule  Making  solicits  comment  on 
 possible  additional  changes  to  Part  80. 
 III.  MEMORANDUM  OPINION  AND  ORDER 
 A.  Commercial  Operator  Licenses    Proof  of  Passing  U.  S.  Coast  Guard  Training 
 8.  Background.  In  the  Report  and  Order,  the  Commission  amended  Section  13.201  of  its  Rules  23  to  provide  that  an  applicant  for  a  GMDSS  Radio  Operators  License  or  Restricted  GMDSS  Radio 


 Operators  License  could  qualify  for  such  license  by  acquiring  a  PPC  issued  by  the  Coast  Guard  or  its  designee  certifying  the  applicants  competence  following  completion  of  a  Coast  Guard-  approved  GMDSS 
 training  course.  24  Prior  to  this  rule  change,  applicants  for  a  GMDSS  Radio  Operators  License  could  demonstrate  their  qualifications  for  the  license  only  by  passing  a  COLE  Manager-  administered  25  written 
 examination  covering  examination  Elements  1  and  7.  26  Observing  that  the  Coast  Guards  seventy-  hour  GMDSS  training  courses  cover  basically  the  same  material  and  similar  questions  as  the  FCC  examination, 
 the  Commission  reasoned  that  accepting  a  PPC  from  the  Coast  Guard  or  its  designee  will  relieve  the  burden  that  the  duplication  of  examination  puts  on  applicants  and  will  avoid  the  unnecessary 
 administration  of  examinations.  27 
 9.  Discussion.  Owen  Anderson  suggests  that  Section  13.  201,  as  amended  in  the  Report  and  Order,  is  unclear  because  it  does  not  appear  to  authorize  Coast  Guard-  approved  training  organizations  to 


 administer  Element  1  examinations.  28  We  hereby  clarify  that  the  rule  does  not  authorize  Coast  Guard-approved  training  organizations  to  administer  Element  1  examinations,  because  the  rule  reflects  the 
 Commissions  intent  that  applicants  for  one  of  the  GMDSS  Operators  Licenses  who  have  secured  a  PPC  from  the  Coast  Guard  or  a  Coast  Guard-  approved  training  organization  do  not  have  to  pass  an  Element  1 
 examination  or  an  Element  7/  7R  examination.  The  Coast  Guard  training  courses  include  training  in  the 
 22  See  Second  Further  Notice,  19  FCC  Rcd  at  3123-  24    4  for  a  summary  of  the  matters  on  which  comment  was 
 requested  in  the  Second  Further  Notice.  23 
 47  C.  F.  R.    13.201.  24 
 See  Report  and  Order,  17  FCC  Rcd  at  6749-  50    14-  15.  25 
 COLE  Managers,  or  COLEMs,  are  private  sector  entities  that  have  been  certified  by  the  Commission  to  administer  and  grade  commercial  operator  license  examinations  pursuant  to  a  Memorandum  of  Agreement  with  the 


 Commission.  See  47  C.  F.  R.    13.  3(  a),  13.  213.  26 
 See  47  C.  F.  R.    13.  201-  13.  203  (2001).  Element  7  questions  are  GMDSS-  specific,  47  C.  F.  R.    13.  201(  a)(  5),  while  Element  1  questions  cover  [  b]  asic  radio  law  and  operating  practice  with  which  every  maritime  operator 


 should  be  familiar.  47  C.  F.  R.    13.  203(  a)(  1).  In  the  Report  and  Order,  the  Commission  established  the  Restricted  GMDSS  Radio  Operators  License,  competency  for  which  may  be  demonstrated  by  passing  a  COLE  Manager-administered 
 examination  of  new  Element  7R  instead  of  Element  7,  as  well  as  Element  1.  See  Report  and  Order,  17  FCC  Rcd  at  6749    13;  47  C.  F.  R.    13.  201(  b)(  7),  13.  203(  a)(  6). 
 27  See  Report  and  Order,  17  FCC  Rcd  at  6750    15. 
 28  Owen  Anderson  Petition  for  Reconsideration  at  1.  The  amended  rule  provides  that  an  applicant  for  a  GMDSS 
 Radio  Operator's  License  must  pass,  or  otherwise  receive  credit  for    Written  Elements  1  and  7  [7R  in  the  case  of  an  applicant  for  a  Restricted  GMDSS  Radio  Operator  License],  or  a  Proof  of  Passing  Certificate  (PPC)  issued  by  the 


 United  States  Coast  Guard  or  its  designee  representing  a  certificate  of  competency  from  a  Coast  Guard-  approved  training  course  for  a  GMDSS  endorsement.  47  C.  F.  R.    13.201(  b),  (b)(  6). 
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 subject  matter  areas  covered  by  an  Element  1  examination,  and  we  believe  the  successful  completion  of  a  Coast  Guard-  approved  training  course,  certified  through  issuance  of  a  PPC  to  the  applicant,  is  sufficient 
 in  itself  to  demonstrate  the  applicants  qualifications  to  hold  a  GMDSS  Radio  Operators  License  (or,  as  the  case  may  be,  a  Restricted  GMDSS  Radio  Operators  License).  Accordingly,  we  believe  requiring 
 such  an  applicant  to  also  take  an  Element  1  examination  would  run  counter  to  the  stated  purpose  of  relieving  applicants  of  the  burden  of  taking  duplicative  and  unnecessary  examinations.  29 


 B.  GMDSS  Distress  Call  Monitoring  and  Acknowledgement 
 10.  Background.  In  the  Report  and  Order,  the  Commission  updated  the  Part  80  rules  pertaining  to  the  monitoring,  acknowledgement  and  relay  of  distress  calls  so  that  they  generally  mirror  the 


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


 11.  Discussion.  Kurt  Anderson  requests  reconsideration  of  the  amendments  to  Sections  80.1117  and  80.1121,  contending  that  the  amended  rules  could  be  interpreted  to  require  that  distress  alert 
 relays  be  transmitted  via  DSC.  33  According  to  Kurt  Anderson,  these  rules  should  be  revised  further  to  make  it  abundantly  clear  that  the  required  distress  alert  relays  are  to  be  transmitted  via  a  non-  DSC 
 method.  34  We  disagree.  To  begin  with,  the  rules  do  not  even  suggest  that  distress  alerts  have  to  be  relayed  via  DSC.  Section  80.1117(  a),  for  example,  simply  states  that  [  i]  n  cases  where  no 
 acknowledgement  [of  a  DSC  distress  call]  has  been  heard  and  no  distress  traffic  has  been  heard,  the  ship  should  transmit  a  distress  alert  relay  to  the  coast  station.  35  Since  the  first  sentence  of  that  rule  explicitly 
 refers  to  distress  calls  using  digital  selective  calling  and  to  a  DSC  acknowledgement,  we  believe  that  the  absence  of  a  similar  DSC  qualifier  in  the  subsequent  reference  to  the  distress  alert  relay  indicates 
 that  there  is  no  requirement  to  use  DSC  in  relaying  the  distress  alert.  36  More  importantly,  we  disagree  that  the  rules  should  flatly  prohibit  the  use  of  DSC  to  relay  unacknowledged  distress  calls.  The 


 29  Although  applicants  who  have  received  PPCs  based  on  completion  of  Coast  Guard-  approved  training  do  not  need 
 to  take  a  COLE  Manager-  administered  examination,  it  remains  that  such  applicants  must  submit  their  applications  to  the  Commission  via  a  COLE  Manager.  The  Part  13  rules  still  require  that  applications  either  be  filed  manually  with 


 an  original  PPC  from  a  COLE  Manager  or  batch-  filed  electronically  by  a  COLE  Manager.  See  47  C.  F.  R.    13.  9(  c),  13.  13(  c).  We  believe  this  requirement  provides  an  important  safeguard  to  ensure  that  licenses  are  issued  only  on  the 
 basis  of  authentic  PPCs.  30 
 See  Report  and  Order,  17  FCC  Rcd  at  6751-  52    19-  20.  31 
 See  47  C.  F.  R.    80.  1117(  a).  32 
 See  47  C.  F.  R.    80.  1121(  b)-(  d).  33 
 Kurt  Anderson  Petition  for  Reconsideration  at  6-  7.  34 
 Id.  at  7.  To  this  end,  Kurt  Anderson  suggests  that  the  rules  be  amended  to  expressly  state  that  distress  alert  relays  shall  use  any  of  a  specified  list  of  non-  DSC  technologies    e.  g.,  VHF/  HF  radiotelephony,  narrow-  band  direct-printing 


 (NBDP),  Inmarsat  voice/  telex    or  any  method  other  than  DSC.  Id.  at  6.  35 
 See  47  C.  F.  R.    80.  1117(  a).  36 
 Section  80.  1121  likewise  does  not  use  the  term  DSC  in  describing  the  distress  alert  relays  required  by  that  rule.  The  term  is  used  only  in  Section  80.  1121(  d),  to  describe  a  DSC  acknowledgement.  See  47  C.  F.  R.    80.  1121(  d). 
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 international  Radio  Regulations  permit  DSC  relays,  37  and  we  see  no  reason  for  the  Part  80  rules  to  diverge  from  the  international  standards  on  this  point.  38  In  sum,  we  believe  that  Sections  80.1117  and  80.1121,  as 
 currently  written,  clearly  and  properly  neither  mandate  nor  prohibit  the  use  of  DSC  in  relaying  distress  alerts. 


 C.  Channel  16  Watch  Requirement 
 1.  Compulsory  Vessels 
 12.  Background.  Sections  80.148,  80.  305  and  80.1123  of  the  Commissions  Rules  require  compulsory  ships  at  sea  to  maintain  a  continuous  watch  on  maritime  VHF  Channel  16  (156.800  MHz).  39 


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


 13.  Discussion.  Subsequent  to  the  adoption  of  the  Report  and  Order,  the  IMO,  at  its  75  th  session,  amended  the  SOLAS  Convention  to  extend  the  Channel  16  watch  date  indefinitely.  44  The  Coast 


 37  See  ITU-  R  Recommendation  M.  493-  11,  Digital  Selective-  Calling  System  for  Use  in  the  Maritime  Mobile 
 Service,  with  Annexes  1  and  2,  Table  4.  3  (2004)  (ITU-  R  M.  493-  11);  ITU-  R  Recommendation  M.  541-  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with 


 Annexes,  Annex  1    3.  4,  Annex  3    1.4  (2004)  (ITU-  R  M.  541-  9).  38 
 To  the  extent  that  Kurt  Anderson  is  concerned  that  permitting  DSC  relays  of  DSC  distress  alert  calls  would  exacerbate  the  problems  stemming  from  false  DSC  alerts,  we  note  that    80.1117  does  not  authorize  transmission  of 


 an  all  ships  DSC  distress  alert  relay,  but  only  a  relay  to  the  coast  station.  Section  80.  1121  permits  all  ships  relays  only  when  the  relaying  ship  has  knowledge  that  another  ship  in  distress  is  not  itself  able  to  transmit  the 
 distress  alert,  and  the  Master  of  the  ship  considers  that  further  help  is  necessary.  See  47  C.  F.  R.    80.  1121(  b)-(  c).  39 
 See  47  C.  F.  R.    80.  148,  80.  305(  a)(  3),  80.  1123(  c).  40 
 See  Report  and  Order,  17  FCC  Rcd  at  6753    26.  41 
 Id.  The  Commission  observed  that  many  vessels  operating  within  Sea  Area  A1  are  not  equipped  with  GMDSS  equipment  and  are  still  operating  with  VHF  radios  using  the  Channel  16  watch.  The  Commission  therefore 


 concluded  that  extension  of  the  Channel  16  watch  date  will  result  in  GMDSS  vessels  maintaining  the  ability  to  intercept  safety  and  distress  calls  from  vessels  operating  under  the  older  system,  while  allowing  voluntary  ships 
 sufficient  time  to  fit  DSC  radios.  Id.  For  a  definition  of  Sea  Area  A1  (and  Sea  Areas  A2,  A3,  and  A4),  see  47  C.  F.  R.    80.  1069. 
 42  See  Report  and  Order,  17  FCC  Rcd  at  6753-  54    27. 
 43  Id.  at  6754  n.  64. 
 44  See  IMO  Resolution  MSC.  131(  75),  Maintenance  of  a  Continuous  Listening  Watch  on  VHF  Channel  16  by 
 SOLAS  Ships  Whilst  at  Sea  After  1  February  1999  and  Installation  of  VHF  DSC  Facilities  on  Non-  SOLAS  Ships,  para.  2.  4.  (adopted  May  21,  2002). 
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 Guard  requests  that  the  Commission  revise  the  Part  80  rules  accordingly.  45  We  agree  with  the  Coast  Guard  that  we  should  now  remove  the  2005  sunset  date  from  Sections  80.148,  80.  305  and  80.1123  in  the 
 interest  of  maritime  safety  and  conformity  with  international  watch  requirements. 
 2.  Voluntary  Vessels 
 14.  The  Channel  16  watch  requirements  for  voluntary  vessels  are  contained  in  Sections  80.310  and  80.  1153  of  the  Commissions  Rules.  46  In  the  Report  and  Order,  the  Commission  amended 


 Section  80.310  to  require  voluntary  vessels  not  fitted  with  DSC  to  maintain  a  watch  on  Channel  16  when  the  vessel  is  underway  and  the  radio  is  not  being  used  to  communicate.  47  However,  the  Commission 
 inadvertently  failed  to  amend  Section  80.1153,  which  still  requires  only  that  a  Channel  16  watch  be  maintained  when  the  ship  radio  station  is  being  operated.  48  Since  the  Report  and  Order  clearly  reflects  a 
 Commission  intent  that  voluntary  vessels  maintain  a  Channel  16  watch  whenever  the  vessel  is  underway  (except  when  the  radio  is  otherwise  being  used  to  communicate)  and  not  just  when  the  radio  is  being 
 operated,  49  we  take  this  opportunity  to  amend  Section  80.1153  to  reflect  that  intent,  conforming  it  to  Section  80.310  and  rectifying  the  earlier  omission.  50 


 D.  2182  kHz  Watch  Requirement 
 15.  Background.  The  requirement  that  vessels  maintain  a  watch  on  the  radiotelephone  distress  frequency  2182  kHz  is  reflected  in  several  Part  80  rules,  principally  Sections  80.305  and 


 80.1123.  51  Prior  to  the  Report  and  Order,  Section  80.  1123(  d)  contained  a  sunset  date  for  the  2182  kHz  watch,  so  that  by  its  own  terms  the  Section  80.1123(  d)  watch  requirement  was  in  effect  only  until 
 February  1,  1999.  52  In  the  Report  and  Order,  the  Commission  concluded  that  it  should  still  require  both  voluntary  and  compulsory  vessels  to  maintain  a  2182  kHz  watch.  53  The  Commission  stated,  Inasmuch 
 as  2182  kHz  is  still  used  by  non-  compulsory  ships,  and  by  small  passenger  and  fishing  vessels  currently  operating  under  exemptions  from  our  GMDSS  rules,  we  are  concerned  that  according  compulsory  vessels 
 the  discretion  to  forego  such  a  watch  would  result  in  the  inability  of  non-  compulsory  and  exempt  vessels  to  contact  compulsory  vessels  in  distress  situations.  54 


 16.  Discussion.  Owen  Anderson  petitions  for  reconsideration  of  the  decision  to  continue  to  require  compulsory  vessels  to  maintain  2182  kHz  watches.  55  We  agree  that  reconsideration  is  warranted, 
 45  USCG  Petition  for  Reconsideration  at  1.  Although  the  Coast  Guard  only  requests  that  we  amend  Sections 
 80.  305(  a)(  3)  and  80.  1123,  we  must  also  address  this  issue  with  respect  to  Section  80.  148.  46 
 See  47  C.  F.  R.    80.  310,  80.  1153(  b).  47 
 See  Report  and  Order,  17  FCC  Rcd  at  6755    32.  Prior  to  this  amendment,  Section  80.  310  required  such  vessels  to  maintain  the  Channel  16  watch  only  when  the  radio  is  operating.  See  47  C.  F.  R.    80.  310  (2001). 


 48  See  47  C.  F.  R.    80.  1153(  b). 
 49  See  Report  and  Order,  17  FCC  Rcd  at  6755    32. 
 50  As  an  additional  non-  substantive  measure,  we  also  amend  Section  80.1153  to  remove  the  cross-  reference  to 
 Section  80.  146.  The  Report  and  Order  removed  and  reserved  Section  80.  146.  See  Report  and  Order,  17  FCC  Rcd  at  6760    45. 


 51  See  47  C.  F.  R.    80.  305(  a)(  2),  (b)(  1),  80.  1123(  d). 
 52  See  47  C.  F.  R.    80.  1123(  d)  (2001). 
 53  See  Report  and  Order,  17  FCC  Rcd  at  6755    30. 
 54  Id. 
 55  Owen  Anderson  Petition  for  Reconsideration  at  3.  According  to  Owen  Anderson,  [  t]  here  is  enough  distraction 
 by  the  requirement  to  monitor  [Channel  16]  without  compounding  the  confusion  by  adding  2182.  Id. 
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 at  least  to  the  extent  of  eliminating  the  2182  kHz  watch  requirement  for  those  vessels  that  have  upgraded  to  MF-  DSC,  and  eliminating  for  all  vessels  any  requirement  to  carry  a  2182  kHz  watch  receiver. 
 Compulsory  vessels  that  have  upgraded  to  MF-  DSC  now  maintain  watches  on  Channel  16  and  on  2187.5  kHz,  56  and  many,  perhaps  most,  of  these  vessels  have  already  removed  their  2182  kHz  watch  receivers  in 
 reasonable  reliance  on  the  February  1,  1999  sunset  date  that  had  appeared  in  Section  80.1123(  d).  57  We  believe,  on  balance,  that  it  would  be  unduly  onerous  to  require  these  vessels  to  reinstall  and  maintain 
 2182  kHz  watch  receivers,  even  if  they  could  be  readily  acquired,  especially  since  compulsory  vessel  watches  on  2182  kHz  are  not  viewed  as  essential  to  maritime  safety  by  either  the  Coast  Guard  58  or  the 
 GMDSS  Task  Force.  59  We  also  note  that  the  SOLAS  Convention  does  not  require  GMDSS  vessels  that  have  upgraded  to  MF-  DSC  to  maintain  a  2182  kHz  watch.  In  addition,  there  is  no  Part  80  requirement 
 that  non-  compulsory  vessels  voluntarily  fitted  with  MF-  DSC  equipment  maintain  a  2182  kHz  watch,  60  and  the  record  does  not  support  treating  compulsory  vessels  differently  from  non-  compulsory  vessels  for 
 this  purpose.  We  therefore  relieve  all  vessels  of  the  requirement  to  carry  a  2182  kHz  watch  receiver,  and  we  relieve  MF-  DSC-  equipped  compulsory  vessels  of  the  requirement  to  maintain  a  2182  kHz  watch. 


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


 56  See  47  C.  F.  R.    80.  1123(  a)(  2),  (c). 
 57  The  Report  and  Order  was  not  adopted  until  March  27,  2002,  more  than  three  years  after  the  previous  Section 
 80.  1123(  d)  requirement  had  sunset  in  February  1999.  58 
 In  its  comments  to  the  GMDSS  NPRM,  the  Coast  Guard  said  it  does  not  consider  a  watch  on  2182  kHz  of  much  practical  benefit,  as  it  has  observed  a  continuing  decline  in  its  use.  See  Report  and  Order,  17  FCC  Rcd  at  6755    29 


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


 Task  Force  Comments  [to  the  GMDSS  NPRM]  at  7).  60 
 See  47  C.  F.  R.    80.  310  (specifying  that  voluntary  vessels  equipped  with  MF-  HF  DSC  equipment  must,  inter  alia,  have  the  radio  turned  on  and  set  to  an  appropriate  DSC  distress  calling  channel  or  one  of  the  radiotelephone  distress 


 channels  [such  as  Channel  16]  whenever  the  vessel  is  underway  and  the  radio  is  not  being  used  to  communicate).  61 
 Fishing  vessels  that  are  otherwise  subject  to  the  SOLAS  GMDSS  requirements  have  received  a  limited,  temporary  waiver  of  the  requirement  to  carry  VHF-  DSC  (in  Sea  Area  A1)  and  MF-  DSC  (in  Sea  Area  A2)  equipment.  See 


 Waiver  of  Certain  Global  Maritime  Distress  and  Safety  System  (GMDSS)  Rules  Applicable  to  Fishing  Vessels  and  Small  Passenger  Vessels,  Order,  14  FCC  Rcd  528,  534    11  (1998);  Report  and  Order,  17  FCC  Rcd  at  6745-  48 
   5-  11.  These  fishing  vessels  are  currently  required  to  maintain  a  2182  kHz  watch  and,  absent  an  intervening  rule  change,  will  remain  subject  to  that  watch  requirement  until  such  time  as  they  are  fitted  with  MF-  DSC  equipment. 
 62  To  implement  our  decisions  herein  pertaining  to  the  2182  kHz  watch,  we  amend  Sections  80.  223,  80.  268,  80.  269 
 (removed  in  its  entirety),  80.  305,  80.  310,  80.  858,  80.  913,  and  80.  1123,  and  we  add  new  Section  80.  882  to  Subpart  R.  See  47  C.  F.  R.    80.  223,  80.  268,  80.  269,  80.  305,  80.  310,  80.  858,  80.  882,  80.  913,  and  80.  1123. 
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 and  are  not  essential  to  maintenance  of  an  effective  2182  kHz  watch. 
 E.  Station  Logs 
 18.  Background.  In  the  Report  and  Order,  the  Commission  amended  Section  80.409(  e)  of  its  rules,  which  sets  forth  the  requirements  for  ship  radiotelephone  logs  on  compulsory  vessels.  63  Prior  to 


 adoption  of  the  Report  and  Order,  Section  80.  409(  e)(  1)  had  required  that  the  logs  of  ships  compulsorily  equipped  with  radiotelephones  contain  a  summary  of  all  distress,  urgency  and  safety  traffic.  64  The 
 Commission  determined  in  the  Report  and  Order  to  relax  this  log-  keeping  requirement  with  respect  to  urgency  communications,  so  that  log  entries  would  be  required  for  only  those  urgency  communications 
 affecting  the  stations  own  ship.  65  The  Commission  declined  Owen  Andersons  recommendation  that  the  logging  requirement  for  distress  communications  be  relaxed  in  the  same  way  as  the  logging  requirement 
 for  urgency  communications,  in  order  to  further  relieve  the  log-  keeping  burden  on  the  Bridge  Officer.  66  The  Commission  concluded  that,  as  revised,  Section  80.409(  e)(  1)  would  not  impose  a  burden  on  the 
 Bridge  Officer  that  is  unreasonable  in  light  of  the  benefits  to  be  derived  from  the  log-  keeping  requirement.  67  In  addition,  the  Commission  revised  Section  80.409(  e)(  5)  68  to  require  a  weekly  entry  in 
 radiotelephone  logs  that  (1)  the  proper  functioning  of  DSC  equipment  has  been  verified  by  actual  communications  or  a  test  call,  (2)  the  batteries  or  other  reserve  power  sources  are  functioning  properly, 
 (3)  the  portable  survival  craft  radio  gear  and  radar  transponders  have  been  tested,  and  (4)  the  EPIRBs  have  been  inspected.  69  Finally,  the  Commission  declined  to  amend  Section  80.409(  a)  70  to  expressly 
 authorize  the  electronic  maintenance  of  logs,  as  Owen  Anderson  had  urged  it  to  do,  because  the  rules  do  not  preclude  electronic  logs.  71 


 19.  Discussion.  Upon  reconsideration,  we  agree  with  Kurt  Anderson  and  Owen  Anderson  that  the  log-  keeping  requirement  should  be  further  relaxed  with  respect  to  the  logging  of  distress 
 communications.  72  We  believe  that  a  requirement  to  log  all  distress  communications  received  imposes  a  burden,  given  that  much  GMDSS  distress  traffic  consists  of  false  alerts  or  distress  communications  from 
 vessels  located  at  great  distance  from  the  receiving  vessel.  The  Bridge  Officer  on  a  compulsory  vessel 


 63  See  47  C.  F.  R.    80.  409(  e). 
 64  See  47  C.  F.  R.    80.  409(  e)(  1)  (2001).  Pursuant  to  IMO  Resolution  A.  888(  21),  there  are  four  levels  of  priority  in 
 the  GMDSS.  In  descending  order,  these  four  priority  levels  are  (1)  distress,  (2)  urgency,  (3)  safety,  and  (4)  other  routine  communications.  See  IMO  Assembly  Resolution  A.  888(  21),  Criteria  for  the  Provision  of  Mobile  Satellite 


 Communication  Systems  in  the  Global  Maritime  Distress  and  Safety  System  (GMDSS),  with  Annex,  adopted  25  November  1999.  Distress  traffic  consists  of  messages  relating  to  the  immediate  assistance  required  by  the  mobile 
 station  in  distress.  See  47  C.  F.  R.    80.  325(  a).  Urgency  traffic  consists  of  messages,  transmitted  under  authority  of  the  master  or  person  responsible  for  the  mobile  station,  concerning  the  safety  of  a  ship,  aircraft,  or  other  vehicle,  or 
 the  safety  of  a  person.  See  47  C.  F.  R.    80.  327(  a).  Safety  traffic  consists  of  messages  concerning  the  safety  of  navigation  or  giving  important  meteorological  warnings.  See  47  C.  F.  R.    80.  329(  a),  80.330(  c). 
 65  See  Report  and  Order,  17  FCC  Rcd  at  6762    48-  49. 
 66  Id.  at  6762    49. 
 67  Id.  The  Commission  noted  in  this  regard  that  there  is  no  requirement  that  the  Bridge  Officer  make  log  entries  of 
 intercepted  distress  communications  in  a  book  that  is  separate  from  the  GMDSS  log.  Id.  68 
 See  47  C.  F.  R.    80.  409(  e)(  5).  69 
 Id.  at  6762    48-  49.  70 
 See  47  C.  F.  R.    80.  409(  a).  71 
 See  Report  and  Order,  17  FCC  Rcd  at  6771    78.  72 
 See  Kurt  Anderson  Petition  for  Reconsideration  at  1-  2;  Owen  Anderson  Petition  for  Reconsideration  at  1-  2.  We  leave  unchanged  the  log-  keeping  requirement  with  respect  to  urgency  communications. 
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 has  many  duties  that  are  critical  to  the  safe  operation  and  navigation  of  the  vessel,  and  it  would  not  serve  the  public  interest  in  maritime  safety  to  maintain  a  log-  keeping  burden  on  the  Bridge  Officer  that  is  not 
 commensurate  with  the  benefit  to  be  derived  from  the  logged  information.  73  Although  we  believe  that  it  remains  critical  to  have  log  entries  for  distress  communications  pertaining  to  the  stations  own  ship,  we 
 agree  with  the  petitioners  that  other  information  in  the  log  is  of  lesser  value.  74  We  therefore  amend  Section  80.409(  e)(  1)  to  require  the  logging  of  only  (a)  distress  communications  that  involve  the  stations 
 own  ship;  (b)  distress  call  acknowledgements  and  other  communications  from  search  and  rescue  authorities;  and  (c)  distress  alerts  relayed  by  the  stations  own  ship.  75 


 20.  Kurt  Anderson  and  Owen  Anderson  also  urge  additional  modifications  to  the  Section  80.409(  e)  logging  and  equipment  testing  requirements,  generally  in  order  to  provide  more  detailed 
 guidance  to  ship  station  licensees,  but  in  some  cases  recommending  substantive  changes.  76  They  request,  for  example,  that  Section  80.409(  e)(  3)  77  be  amended  to  specify  the  precise  equipment  that  must  undergo 
 pre-  departure  and  daily  testing,  78  and  that  Section  80.409(  e)(  5)  79  be  amended  to  reduce  the  frequency  of  testing  certain  equipment  from  weekly  to  monthly.  80  According  to  Owen  Anderson,  weekly  testing  of  this 
 equipment  may  lead  to  battery  failure.  81  We  concur  with  the  petitioners  that  the  frequency  of  battery  testing  should  be  reduced  from  weekly  to  monthly,  and  we  amend  Section  80.409(  e)  accordingly.  This 
 action  will  address  concerns  that  battery  depletion  stemming  from  weekly  testing  could  lead  to  a  loss  of  radio  communication  capabilities.  In  addition,  this  action  will  remove  any  discrepancy  with  Section 
 80.1099(  f)(  2)  of  the  Commissions  Rules  (which  requires  monthly  battery  testing),  82  without  having  any  adverse  effect  on  maritime  safety.  We  decline  to  further  amend  Section  80.  409(  e)  at  this  time.  The 
 essence  of  the  petitioners  complaints  about  the  remainder  of  Section  80.409(  e),  as  currently  written,  is  that  it  is  insufficiently  precise.  83  However,  we  do  not  believe  the  current  rule  is  ambiguous,  and  the 


 73  See  Owen  Anderson  Petition  for  Reconsideration  at  1-  2. 
 74  See  Kurt  Anderson  Petition  for  Reconsideration  at  2;  Owen  Anderson  Petition  for  Reconsideration  at  1-  2.  Log 
 entries  for  distress  communications  pertaining  to  the  station's  own  ship  are  critical  because  such  entries  may  provide  the  most  reliable  and  comprehensive  information  regarding  events  affecting  the  vessel's  safety  at  sea.  Analysis  of 


 this  information  may  be  essential  to  accurately  evaluating  such  events.  Log  entries  for  all  distress  communications  received  that  do  not  affect  the  station's  own  ship  would  reference  mostly  false  alerts,  which  have  little  informational 
 value,  or  distress  messages  from  vessels  located  at  great  distance  from  the  station's  own  ship,  information  concerning  which  can  be  obtained  from  other,  more  reliable  sources,  e.  g.,  the  transmitting  ship  or  other  vessels 
 either  in  close  proximity  or  those  relaying  the  distress  message.  75 
 Owen  Anderson  argues  that  the  rule  should  simply  require  only  a  summary  of  all  distress  and  urgency  communications  affecting  the  stations  own  ship.  See  Owen  Anderson  Petition  for  Reconsideration  at  2.  However, 


 we  favor  a  requirement  that  also  encompasses  distress  call  acknowledgements  received  from  search  and  rescue  authorities  and  distress  call  relays  by  the  stations  own  ship  as  better  balancing  the  benefits  and  burdens  of  the  log-keeping 
 requirement.  Kurt  Anderson  agrees  that  distress  communications  from  rescue  coordination  centers  and  search  and  rescue  authorities  should  be  included  in  the  log.  See  Kurt  Anderson  Petition  for  Reconsideration  at  2. 
 Thus,  the  log-  keeping  requirement  with  respect  to  distress  communications  remains  more  expansive  in  scope,  albeit  significantly  less  so  following  this  amendment,  than  the  log-  keeping  requirement  with  respect  to  urgency 
 communications.  76 
 See  Kurt  Anderson  Petition  for  Reconsideration  at  2-  7;  Owen  Anderson  Petition  for  Reconsideration  at  2.  77 
 See  47  C.  F.  R.    80.  409(  e)(  3).  78 
 See  Kurt  Anderson  Petition  for  Reconsideration  at  2-  3;  Owen  Anderson  Petition  for  Reconsideration  at  2.  79 
 See  47  C.  F.  R.    80.  409(  e)(  5).  80 
 See  Kurt  Anderson  Petition  for  Reconsideration  at  3-  4;  Owen  Anderson  Petition  for  Reconsideration  at  2.  81 
 See  Owen  Anderson  Petition  for  Reconsideration  at  2.  82 
 See  47  C.  F.  R.    80.  1099(  f)(  2).  83 
 See  Kurt  Anderson  Petition  for  Reconsideration  at  2-  4;  Owen  Anderson  Petition  for  Reconsideration  at  2. 
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 petitioners  do  not  offer  specific  language  that  they  believe  would  be  preferable  to  what  the  rule  now  says.  Moreover,  adding  more  detailed  log-  keeping  and  equipment  testing  requirements  to  Section  80.409(  e) 
 would  run  counter  to  the  Commissions  goals  of  streamlining  the  Part  80  rules,  relying  to  the  greatest  reasonable  extent  on  international  standards  that  can  be  incorporated  by  reference,  and  not  adopting 
 regulations  that  may  duplicate  or,  worse,  be  inconsistent  with  Coast  Guard  requirements.  However,  we  will  continue  to  work  closely  with  the  Coast  Guard  to  ensure  that  adequate  guidance  on  how  to  comply 
 with  Part  80  log-  keeping,  testing  and  other  requirements  is  readily  available  to  licensees  from  various  sources,  including  the  Wireless  Telecommunications  Bureau  web  page. 


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


 F.  Procedures  for  Canceling  False  Alerts 
 22.  In  the  Report  and  Order,  the  Commission  addressed  a  number  of  issues  pertaining  to  safety  watch  requirements  and  procedures.  87  Among  other  things,  it  adopted  new  rules,  Sections  80.334 


 and  80.335,  to  prohibit  false  distress  alerts  and  to  provide  procedures  for  the  cancellation  of  false  distress  alerts,  respectively.  88  In  addition,  it  amended  Sections  80.314,  80.315,  and  80.316  of  the  Rules,  89  which 
 prescribe  the  formats  for  distress  signals,  distress  calls,  and  distress  messages,  respectively,  to  include  in  each  rule  a  cross-  reference  to  Section  80.335  for  procedures  on  canceling  false  distress  alerts.  The  rule 
 requires  the  station  operator  to,  inter  alia,  [  t]  ransmit  a  DSC  distress  alert  cancellation  (i.  e.,  own  ships  acknowledgement),  if  that  feature  is  available.  90  In  his  petition  for  reconsideration,  Owen  Anderson 
 suggests  that  Section  80.335(  a)(  2),  (b)(  2)  and  (c)(  2)  be  revised  by  removing  the  modifier  DSC  to  ensure  that  DSC  distress  alerts  are  not  acknowledged  using  the  DSC  ACKNOWLEDGE  function  that  is  found 


 84  In  his  petition  for  reconsideration,  Kurt  Anderson  states  that  the  permissibility  of  electronic  log-  keeping  remains 
 an  open  question,  but  does  not  acknowledge  the  Commissions  statement  in  the  Report  and  Order  that  nothing  in  the  rule  forecloses  electronic  log  maintenance.  See  Kurt  Anderson  Petition  for  Reconsideration  at  6;  Report  and  Order, 


 17  FCC  Rcd  at  6771    78.  85 
 See  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio  Service,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  18  FCC  Rcd  21432,  21444    27  (2003);  47 


 C.  F.  R.    87.  109.  Although  the  text  of  Section  87.  109  does  not  actually  refer  to  electronic  log  maintenance  (or  to  computer-  generated  automatic  logs,  as  they  are  described  in  the  adopting  order),  the  language  of  Section  87.  109(  c)   
 imposing  a  sign-  in  and  sign-  out  requirement  only  on  stations  maintaining  written  logs    unmistakably  evinces  the  Commissions  intent  to  permit  electronic  logs.  See  47  C.  F.  R.    87.  109(  c). 
 86  See,  e.  g.,  Kurt  Anderson  Petition  for  Reconsideration  at  6. 
 87  See  Report  and  Order,  17  FCC  Rcd  at  6769-  70    70-  72. 
 88  See  47  C.  F.  R.    80.  334-  80.335. 
 89  See  47  C.  F.  R.    80.  314-  80.316. 
 90  See  47  C.  F.  R.    80.  335(  a)(  2),  (b)(  2),  (c)(  2). 
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 on  most  existing  GMDSS  equipment.  91  In  lieu  of  removing  the  modifier  DSC,  we  amend  the  rule  to  incorporate  the  ITU  provision  on  cancellation  of  DSC  distress  alerts,  ITU-  R  M.  541-  9,  which  requires  the 
 station  operator  to  [  i]  mmediately  cancel  the  distress  alert  orally  over  the  telephony  distress  traffic  channel  associated  with  each  DSC  channel  on  which  the  distress  alert  was  transmitted.  92  This  will  both 
 clarify  the  requirement  and  ensure  its  consistency  with  the  applicable  international  requirement.  In  addition,  we  discern  no  reason  to  continue  to  maintain  three  separate  rules  governing  the  format  of 
 distress  communications,  and  so  we  consolidate  Sections  80.314,  80.315,  and  80.316  into  Section  80.314,  in  the  interest  of  streamlining  and  clarifying  our  requirements.  93 


 G.  Emergency  Position  Indicating  Radiobeacons  (EPIRBs) 
 23.  The  Commission  amended  Section  80.  1061  of  its  Rules,  94  governing  406.0-  406.  1  MHz  EPIRBs,  95  in  the  Report  and  Order.  96  Among  other  things,  the  Commission  revised  the  rule  to  include 


 the  current  version    version  2.1    of  the  RTCM  standard  for  406.0-  406.1  MHz  EPIRBs.  97  In  its  petition  for  reconsideration,  RTCM  says  that  it  fully  supports  the  revised  regulations  for  406.0-  406.1  MHz 
 EPIRBs,  but  recommends  that  the  Commission  adopt  two  non-  substantive  changes  to  Section  80.  1061.  98  First,  RTCM  asks  that  Section  80.  1061(  a)  be  revised  to  include  up-  to-  date  information  on  how  to  acquire 
 RTCM  standards,  noting  that  its  address  changed  as  of  November  1,  2003.  99  Second,  RTCM  asks  that  Section  80.1061(  c)  be  amended  to  reflect  that  the  referenced  Appendix  B  of  the  RTCM  standard  was 
 removed  from  version  2.1  of  that  standard  to  eliminate  needless  duplication  of  COSPAS-  SARSAT  standards.  100  We  agree,  as  does  the  Coast  Guard,  101  that  it  is  appropriate  to  both  update  the  RTCM 
 contact  information  and  eliminate  the  references  to  Appendix  B  of  the  RTCM  standard.  102  We  therefore  grant  RTCMs  petition  for  reconsideration.  103 


 91  See  Owen  Anderson  Petition  for  Reconsideration  at  1.  While  the  DSC  ACKNOWLEDGE  function  stops  the 
 repeated  transmission  of  the  distress  alert,  it  does  not  actually  cancel  the  false  distress  alert.  92 
 See  ITU-  R  M.  541-  9  at    1.7.1.  93 
 Similarly,  we  will  also  consolidate  Sections  80.  327  and  80.328  into  a  single  rule,  and  Sections  80.  329  and  80.  330  into  a  single  rule.  In  each  of  these  cases,  the  substantive  requirements  of  the  existing  rules  remain  unchanged.  This 


 is  a  non-  substantive  restructuring  of  the  rules  in  question.  See  5  U.  S.  C.    553.  94 
 See  47  C.  F.  R.    80.  1061.  95 
 The  EPIRBs  in  question  were  formerly  known  as  406.025  MHz  EPIRBs.  The  change  in  nomenclature,  to  406.0-  406.1  MHz  EPIRBs,  was  adopted  by  the  Commission  in  the  Report  and  Order  to  better  reflect  that  new  satellite 


 EPIRBs  may  operate  on  various  frequencies  in  three  kilohertz  steps  within  the  406.  0-  406.1  MHz  band,  rather  than  just  on  a  single  frequency.  See  Report  and  Order,  17  FCC  Rcd  at  6773-  74    84-  85. 
 96  See  Report  and  Order,  17  FCC  Rcd  at  6773-  74    84-  85. 
 97  Id.  The  standard  is  RTCM  Paper  77-  02/  SC110-  STD,  RTCM  Recommended  Standards  for  406  MHz  Satellite 
 Emergency  Position-  Indicating  Radiobeacons  (EPIRBs),  Version  2.  1,  dated  June  20,  2002.  98 
 RTCM  Petition  for  Reconsideration  at  2.  99 
 Id.  100 
 Id.  at  2-  4.  COSPAS/  SARSAT  is  an  international  satellite-  based  search  and  rescue  system  jointly  established  by  Canada,  Russia,  and  the  United  States.  COSPAS/  SARSAT  receives  and  relays  transmissions  from  406.0-  406.1 


 MHz  EPIRBs.  101 
 See  USCG  Petition  for  Reconsideration  at  1.  102 
 Although  RTCM  requests  removal  of  the  reference  to  Appendix  B  from  the  introductory  paragraph  of  Section  80.  1061(  c),  we  also  remove  the  reference  to  Appendix  B  from  Section  80.  1061(  c)(  1)(  ii). 


 103  We  also  update  the  contact  information  for  RTCM  in  Sections  80.  225  and  80.  273(  a)  of  the  Rules,  47  C.  F.  R. 
   80.  225,  80.  273(  a). 
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 H.  Routine  Calling  on  DSC  Frequencies 
 24.  Background.  In  the  Report  and  Order,  the  Commission  acknowledged  that  there  was  a  need  to  clarify  the  Part  80  rules  on  the  question  of  whether  routine,  general  purpose  calling  is  permitted 


 on  DSC  frequencies.  104  Specifically,  the  Commission  addressed  a  discrepancy  between  Section  80.1077,  which  allowed  MF-  HF  DSC  frequencies  to  be  used  for  routine  ship-  to-  ship  calling,  105  and  Section 
 80.359(  b),  which  specifies  that  DSC  distress  frequencies  may  be  used  for  distress  and  safety  communications  and  makes  no  provision  for  routine  calling  on  those  frequencies.  106  The  Commission 
 clarified  that  its  intent  was  to  prohibit  routine  calling  on  the  DSC  frequencies.  107  The  Commission  accordingly  amended  the  table  in  Section  80.1077  to  make  clear  that  routine  calling  is  not  permitted  on 
 MF  and  HF  DSC  frequencies.  108  The  Commission  concluded  that  Section  80.  359(  b)  was  clear  on  this  point,  and  so  made  no  changes  to  that  rule.  109 


 25.  Discussion.  We  agree  with  Neuman  that  the  Commissions  decision  to  prohibit  routine  calling  on  DSC  frequencies  should  be  reconsidered.  110  Neuman  correctly  observes  that  the  DSC 
 frequencies  offer  singular  advantages  for  routine  ship-  to-  ship  calling.  111  We  also  agree  that  permitting  some  routine  calling  on  the  DSC  frequencies  should  not  reduce  their  availability  or  effectiveness  for 
 distress  and  safety  calling.  112  In  addition,  the  ITU  permits  routine  calling  on  DSC  frequencies.  113  We  therefore  amend  Sections  80.359  and  80.1077  to  authorize  the  use  of  DSC  frequencies  for  routine  calling, 
 in  keeping  with  the  ITU  international  Radio  Regulations,  provided  that  distress  and  safety  communications  are  accorded  priority  in  the  use  of  the  channels.  This  action  will  foster  international 
 interoperability  and  spectral  efficiency,  providing  vessels  with  an  additional  mechanism  for  routine  ship-to-  ship  calling  without  undermining  the  primary  function  of  the  DSC  frequencies  as  distress  and  safety 
 channels.  114 
 IV.  THIRD  REPORT  AND  ORDER 
 A.  DSC  Equipment  Standards 
 26.  Background.  In  the  Second  Further  Notice,  the  Commission  requested  comment  on 


 104  See  Report  and  Order,  17  FCC  Rcd  at  6776-  77    94-  95. 
 105  See  47  C.  F.  R.    80.  1077  (2001). 
 106  See  47  C.  F.  R.    80.  359(  b). 
 107  See  Report  and  Order,  17  FCC  Rcd  at  6777    95. 
 108  Id.;  see  47  C.  F.  R.    80.  1077  n.  11. 
 109  See  Report  and  Order,  17  FCC  Rcd  at  6777    95. 
 110  See  Neuman  Petition  for  Reconsideration  at  1. 
 111  Id. 
 112  Id. 
 113  See,  e.  g.,  ITU-  R  M.  493-  11  at  Annex  1    6.4.1  and  Tables  4.  8  and  4.  9;  ITU-  R  M.  541-  9  at  Annex  3    4.  1-  4.3. 
 114  We  are  also  making  various  non-  substantive  corrections  to  Part  80  so  that  it  more  accurately  reflects  the  decisions 
 adopted  in  the  Report  and  Order.  The  Report  and  Order  retitled  Subpart  R  of  Part  80  as  Technical  Equipment  Requirements  for  Cargo  Vessels  Not  Subject  to  Subpart  W.  See  Report  and  Order,  17  FCC  Rcd  at  6825. 


 However,  this  amendment  was  inadvertently  omitted  from  the  Federal  Register  summary.  See  68  Fed.  Reg.  46973  (Aug.  7,  2003)  (assigning  two  paragraph  numbers  to  a  single  amendatory  instruction  regarding  the  revision  of 
 Section  80.  851  while  omitting  any  amendatory  instruction  for  retitling  Subpart  R).  We  seek  to  correct  that  omission  by  again  amending  the  title  of  Subpart  R  here. 
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 whether  Section  80.225(  a)  of  the  Commissions  Rules  115  should  be  amended  to  impose  more  rigorous  requirements  for  DSC  equipment  voluntarily  installed  in  coast  or  ship  stations.  116  Currently,  the  rule 
 specifies  that  such  DSC  equipment  must  meet  either  the  requirements  of  ITU-  R  M.  493-  10  (including  only  equipment  classes  A,  B,  D  and  E)  or  RTCM  Paper  56-  95/  SC101-  STD  (SC101).  117  However,  the  ITU  has 
 approved  a  new  version  11  of  the  ITU-  R  M.  493  standard  (which  incorporates  by  reference  ITU-  R  M.  541-  9),  and  the  IEC  has  adopted  a  new  standard    IEC  62238    describing  certification  requirements  for  a 
 Class  D  (VHF)  DSC  radio.  The  Commission  sought  comment  on  whether  all  DSC  equipment  should  be  required  to  meet  Recommendation  ITU-  R  M.  493-  11,  and  whether  Class  D  DSC  equipment  should  be 
 required  to  also  meet  IEC  62238,  in  lieu  of  SC101.  118  The  Commission  noted  that  IEC  62238  includes  a  functional  requirement  requiring  dual  receivers,  to  ensure  that  a  DSC  call  can  be  received  while  voice 
 traffic  is  being  received  on  another  channel,  and  questioned  whether  upgrading  to  the  IEC  62238  standard  would  make  it  prohibitively  expensive  to  comply  with  the  rule.  119 


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


 prohibitively  expensive.  According  to  the  Coast  Guard,  the  cost  of  IEC  62238-  compliant  radios  is  less  than  what  SC101-  compliant  radios  cost  just  a  few  years  ago,  and  IEC  62238-  compliant  radios  are  now 
 retailing  for  under  $200.  123  RTCM  makes  the  same  point,  saying  it  has  observed  that  installed  radios  meeting  the  ITU/  IEC  Class  D  standards  (with  two  receivers)  are  now  available  in  the  United  States  for  as 


 115  See  47  C.  F.  R.    80.  225(  a). 
 116  See  Second  Further  Notice,  19  FCC  Rcd  at  3160-  61    79. 


 117  See  47  C.  F.  R.    80.  225(  a). 
 118  See  Second  Further  Notice,  19  FCC  Rcd  at  3160-  61    79. 
 119  Id. 
 120  See  USCG  Comments  at  1;  Task  Force  Comments  at  1-  2. 
 121  See  RTCM  Comments  at  3.  In  order  to  arrive  at  a  low-  cost  design,  a  number  of  performance  compromises  were 
 made,  perhaps  most  significantly  the  requirement  for  only  one  receiver.  This  means  that  an  SC101  radio  will  not  receive  a  distress  call  if  the  receiver  is  in  use  for  another  call.  Id.  In  addition,  the  SC101  standard  does  not  require  a 


 protected  distress  button,  which  serves  as  a  safeguard  against  false  distress  alerts,  but  the  IEC  standard  does.  See  La  Varre  Comments  at  1.  In  addition,  SC101  requires  the  capability  of  an  all-  ships  routine  call  (which  is  not  permitted 
 under  the  ITU  standard),  fails  to  incorporate  performance  parameters  to  address  environmental  or  electromagnetic  compatibility  issues,  and,  as  noted  earlier,  does  not  require  a  second  receiver  for  monitoring  the  DSC  distress 
 frequency,  as  a  consequence  of  which  important  DSC  calls  may  be  missed  when  the  receiver  squelch  is  held  open  by  a  transmission  or  carrier.  Id. 
 122  See  RTCM  Comments  at  3. 
 123  See  USCG  Comments  at  1. 
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 little  as  $180,  which  is  less  than  the  price  of  SC101  radios  when  they  were  introduced.  124  La  Varre  adds,  The  cost  of  implementing  a  second  receiver  for  channel  70  should  not  be  a  factor;  it  is  very  inexpensive 
 to  implement  a  receiver  section  with  todays  technology.  125  We  conclude  that  the  relatively  low  retail  cost  of  IEC  62238-  compliant  radios,  coupled  with  the  significant  grandfathering  protections  we  are 
 providing  to  permit  continued  manufacture,  importation,  sale  and  use  of  DSC  equipment  authorized  under  the  earlier  standards,  as  discussed  below,  will  minimize  the  burden  of  compliance,  and  that  the  maritime 
 safety  benefits  of  the  new  requirements  clearly  outweigh  the  costs.  126 
 29.  We  will  stop  accepting  requests  for  certification  of  non-  handheld  radios  that  do  not  comply  with  the  new  standards  one  year  after  the  effective  date  of  these  rule  amendments,  and  we  will 


 stop  accepting  requests  for  certification  of  handheld  radios  that  do  not  comply  with  the  new  standards  four  years  after  the  effective  date.  127  Although  RTCM  and  the  Coast  Guard  recommend  that  the 
 Commission  cease  authorizing  new  non-  handheld  DSC  radios  on  the  basis  of  SC101  beginning  ninety  days  after  the  effective  date  of  these  rules,  128  and  La  Varre  suggests  that  manufacturers  be  given  a  six-month 
 grace  period  for  equipment  currently  in  the  design  phase,  129  we  agree  with  NPMRC  that  we  should  provide  one  full  year  before  the  Commission  stops  accepting  applications  for  certification  of  non-handheld 
 SC101  radios.  130  We  believe  that  the  longer  transition  period  better  comports  with  marine  radio  equipment  manufacturers  design  cycles,  and  will  ensure  that  manufacturers  investment  in  the  design  and 
 manufacture  of  new  SC101  radios  is  not  stranded,  while  at  the  same  time  providing  for  a  reasonably  quick  phase-  in  of  equipment  meeting  the  new  standards.  In  addition,  we  will  prohibit  the  manufacture, 
 importation,  sale  or  installation  of  SC101  radios  three  years  after  the  effective  date  of  these  amendments, 


 124  See  RTCM  Comments  at  3. 
 125  See  La  Varre  Comments  at  1.  La  Varre  also  observes  that  the  European  Union  has  already  adopted  this  new 
 Class  D  VHF-  DSC  standard,  and  offers  this  as  yet  another  reason  for  the  United  States  to  do  the  same.  He  explains,  In  todays  global  economy,  maintaining  a  regional  standard  just  increases  the  cost  to  the  manufacturers,  and  these 


 costs  are  in  turn  passed  on  to  the  recreational  boating  community.  Id.  126 
 Although  NPMRC  appears  to  advocate  an  indefinite  exemption  of  voluntary  vessels  from  the  new  DSC  standards  in  its  initial  comments,  it  discusses  only  grandfathering  provisions  in  its  reply  comments.  Compare  NPMRC 


 Comments  at  1  with  NPMRC  Reply  Comments  at  1.  In  addition,  NPMRCs  initial  comments  center  on  its  request  that  the  Commission  require  that  DSC  radios  be  designed  so  that  the  DSC  function  can  be  disabled,  because  VHF 
 radios  which  function  as  non-  DSC  radios  are  needed  for    critical  safety,  navigation  and  operational  communications.  See  NPMRC  Comments  at  1-  3.  The  Second  Further  Notice  did  not  request  comment  on  the  need 
 to  require  DSC  capability  in  VHF  equipment,  but  only  on  the  appropriate  DSC  standard.  The  underlying  requirement  for  DSC  capability  was  established  in  1997.  See  Amendment  of  the  Commissions  Rules  Concerning 
 Maritime  Communications,  Second  Report  and  Order  and  Second  Further  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  92-  257,  12  FCC  Rcd  16949,  16968    32  (1997)  (Second  Report  and  Order  in  PR  Docket  No.  92-  257). 
 We  accordingly  view  NPMRCs  comments  in  this  regard  as  a  collateral  challenge  to  the  Second  Report  and  Order  in  PR  Docket  No.  92-  257  that  is  beyond  the  scope  of  the  instant  proceeding.  Further,  although  PVAs  comments 
 could  be  read  to  request  a  permanent  exemption  from  the  new  DSC  standards  for  small  passenger  vessels  that  are  not  required  to  carry  EPIRBs  under  Coast  Guard  regulations,  it  does  not  offer  any  explanation  or  substantiation  of 
 why  such  an  exemption  is  warranted.  See  PVA  Comments  at  3.  In  any  event,  it  is  unclear  that  PVA  in  fact  proposes  such  a  permanent  exemption  because  it  appears  inconsistent  with  PVAs  statement  that,  [  o]  ver  time,  as  new  vessels 
 replace/  upgrade  their  DSC,  the  non-  EPIRB-  carrying  fleet  will  come  up  to  snuff.  Id.  127 
 See  RTCM  Comments  at  2.  A  longer  transition  period  is  warranted  for  handheld  equipment  because  of  the  greater  design  challenges  involved  in  incorporating  additional  safety  features  in  units  of  smaller  size. 


 128  See  RTCM  Comments  at  2  (recommending  a  ninety-  day  transition);  USCG  Reply  Comments  at  1  (supporting  the 
 comments  of  RTCM).  129 
 See  La  Varre  Comments  at  1.  130 
 See  NPMRC  Reply  Comments  at  1. 
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 in  keeping  with  the  Coast  Guard-  endorsed  recommendation  of  RTCM.  131  This  three-  year  grandfathering  period  will  provide  manufacturers  and  vendors  with  enough  time  to  exhaust  their  inventories  of  non-handheld 
 SC101  equipment,  while  giving  vessel  operators  a  reasonable  opportunity  to  budget  for  the  purchase  of  equipment  meeting  the  new  standards.  With  respect  to  handheld,  portable  DSC  radios,  we 
 agree  with  RTCM  that  a  longer  phase-  in  period  is  warranted.  RTCM  recommends  without  opposition,  and  we  concur,  that  it  would  be  appropriate  to  continue  to  accept  applications  for  certification  of  handheld 
 SC101  radios  for  four  years  after  the  effective  date  of  the  rule  amendments,  and  to  permit  the  manufacture,  importation  and  sale  of  handheld  SC101  radios  until  seven  years  after  the  effective  date.  132 
 Finally,  we  will  grandfather  indefinitely  the  use  of  any  DSC  equipment  that  was  properly  certified  under  SC101  and  placed  in  service  prior  to  the  expiration  of  the  relevant  transition  period.  133 


 B.  INMARSAT  Ship  Earth  Stations 
 30.  Background.  Section  80.  905  of  the  Commissions  Rules  permits  ships  operating  more  than  one  hundred  nautical  miles  from  shore  to  carry  certain  INMARSAT  ship  earth  stations  in  lieu  of  an 


 SSB  radio.  134  In  the  Second  Report  and  Order,  the  Commission  revised  Section  80.905  to  limit  the  ship  earth  stations  authorized  under  that  section  to  INMARSAT  A  (existing  units  only),  B,  C  or  M  earth 
 stations.  135  In  the  Second  Further  Notice,  the  Commission  noted  that  the  IMO  had  recently  accepted  the  INMARSAT  Fleet  F77  ship  earth  station  as  also  meeting  GMDSS  requirements,  and  that  the  IEC  had 
 published  a  certification  standard  covering  the  INMARSAT  Fleet  F77.  136  The  Commission  accordingly  invited  comment  on  whether  Section  80.905  should  be  further  amended  to  include  the  INMARSAT  Fleet 
 F77  in  the  list  of  ship  earth  stations  that  are  permitted  to  be  used  in  lieu  of  an  SSB  radio.  137  The  Commission  also  inquired  as  to  whether  any  mobile  satellite  equipment  meeting  the  IMO  GMDSS 
 requirements  and  the  IEC  certification  requirements  should  be  authorized  for  use  under  Section  80.  905,  and  whether  any  mobile  satellite  system  meeting  the  Commissions  requirements  for  enhanced  911  (E-911) 
 emergency  calling  and  relevant  IEC  certification  requirements  should  be  so  authorized.  138 
 31.  Discussion.  In  keeping  with  the  consensus  of  the  commenters,  we  add  the  INMARSAT  Fleet  F77  earth  station  to  the  list  of  ship  earth  stations  that  may  be  carried  in  lieu  of  an  SSB  radio  by  ships 


 operating  more  than  one  hundred  nautical  miles  of  shore.  139  As  the  Commission  noted  in  the  Second  Further  Notice,  the  IMO  has  accepted  the  INMARSAT  Fleet  F77  earth  station  as  meeting  GMDSS 
 requirements.  140  Inmarsat  notes  that  the  INMARSAT  Fleet  F77  earth  station  provides  as  good  or  better  functionality  than  INMARSAT  A  and  B  earth  stations,  both  of  which  are  already  listed  in  the  rule,  and  is 


 131  See  RTCM  Comments  at  2;  see  also  USCG  Reply  Comments  at  1.  NPMRC  recommends,  in  lieu  of  a  three-  year 
 grandfathering  period,  that  the  manufacture,  sale  and  installation  of  non-  handheld  SC101  equipment  be  permitted  until  one  year  after  the  Coast  Guard  establishes  Sea  Area  A1.  See  NPMRC  Reply  Comments  at  1.  Although  there  is 


 some  merit  to  this  recommendation,  we  believe  that  using  the  effective  date  of  the  amendments  as  the  triggering  event  provides  regulated  entities  with  a  greater  certainty  regarding  the  compliance  deadline  than  would  reliance  on 
 the  establishment  of  Sea  Area  A1.  132 
 See  RTCM  Comments  at  2-  3.  133 
 See  id.  at  3.  Accordingly,  such  equipment  may  be  used  until  the  end  of  its  useful  life.  134 
 See  47  C.  F.  R.    80.905.  135 
 See  Second  Report  and  Order,  19  FCC  Rcd  at  3140    38.  136 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3161    80.  137 
 Id.  138 
 Id.  139 
 See  Task  Force  Comments  at  2;  RTCM  Comments  at  5;  Inmarsat  Reply  Comments  at  1-  2.  140 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3161    80. 
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 lighter  than  either  of  those  stations.  141  Adding  the  INMARSAT  Fleet  F77  earth  station  to  the  list  of  acceptable  earth  stations  would  therefore  facilitate  the  replacement  of  older,  less  efficient  earth  stations, 
 while  providing  the  maritime  community  with  additional  equipment  options.  142 
 32.  In  addition,  we  agree  in  principle  with  those  commenters  who  contend  that  there  is  no  reason  to  withhold  authorization  under  Section  80.905  of  any  mobile  satellite  equipment  meeting  the  IMO 


 GMDSS  requirements  and  the  IEC  certification  requirements.  143  We  decline,  however,  to  rewrite  the  rule  to  generally  permit  use  in  lieu  of  an  SSB  radio  of  any  earth  station  meeting  IMO  GMDSS  and  IEC 
 certification  requirements,  because  we  believe  listing  the  specific  types  of  approved  earth  stations  is  less  likely  to  engender  confusion.  Given  that  at  present,  there  are  no  other  classes  of  earth  station  that  have 
 been  approved  by  the  IMO  for  GMDSS  other  than  those  listed  in  Section  80.905,  as  amended  herein,  we  take  no  further  action  at  this  time.  Instead,  we  will  entertain  future  requests  to  amend  the  rule  to  add  any 
 additional  mobile  satellite  equipment  that  is  subsequently  approved. 
 33.  We  also  conclude  that  it  would  not  be  prudent  to  amend  the  rule  to  authorize  any  mobile  satellite  system  equipment  with  E-  911  functionality.  An  earth  station  could  have  E-  911  functionality  and 


 yet  not  satisfy  the  IMO  GMDSS  requirements.  We  agree  with  the  Coast  Guard  and  RTCM  that  such  equipment  should  not  be  authorized  for  use  under  Section  80.  905.  144  As  the  Coast  Guard  explains,  until 
 operation  and  capabilities  of  E-  911  functionality  in  mobile  satellite  equipment  becomes  better  defined,  and  equipment  capable  of  meeting  the  environmental  requirements  of  ships  becomes  available,    mobile 
 satellite  equipment  used  to  meet  vessel  carriage  requirements  [should]  be  limited  to  that  meeting  the    GMDSS  requirements.  145 


 C.  Reserve  Power  Requirements  for  Small  Passenger  Vessels 
 34.  Background.  Section  80.917  of  the  Commissions  Rules  requires  vessels  of  more  than  one  hundred  gross  tons  to  have  a  reserve  power  supply  meeting  certain  minimum  standards.  146  In  2002, 


 the  National  Transportation  Safety  Board  (NTSB)  recommended  that  the  Commission  amend  Section  80.917  to  extend  this  reserve  power  requirement  to  small  passenger  vessels  of  one  hundred  gross  tons  or 
 less  in  the  interest  of  maritime  safety.  147  The  NTSB  arrived  at  this  recommendation,  NTSB  Recommendation  M-  02-  17,  in  the  wake  of  its  investigation  of  a  November  17,  2000  fire  on  board  the 
 small  passenger  vessel  Port  Imperial  Manhattan  in  the  Hudson  River.  148  The  Commission  requested 
 141  See  Inmarsat  Reply  Comments  at  1. 
 142  Id.  Relatedly,  we  adopt  RTCMs  recommendations  to  reference  INMARSAT  M  and  Fleet  F77  earth  stations,  as 
 well  as  INMARSAT  A,  B  and  C  earth  stations  in  Section  80.310  of  the  Commissions  Rules,  47  C.  F.  R.    80.  310,  and  to  add  IEC  61097-  13  to  Section  80.  1101,  47  C.  F.  R.    80.  1101,  as  the  applicable  standard  for  the  INMARSAT 


 Fleet  F77.  See  RTCM  Comments  at  5.  143 
 See  Task  Force  Comments  at  2;  RTCM  Comments  at  5.  144 
 See  USCG  Comments  at  2;  RTCM  Comments  at  5.  145 
 See  USCG  Comments  at  2;  see  also  Implementation  of  911  Act,  Fifth  Report  and  Order,  Memorandum  Opinion  and  Order  and  Order  on  Reconsideration,  WT  Docket  No.  00-  110,  16  FCC  Rcd  22264,  22287    59  (2001) 


 (encouraging  ship  stations  to  use  911  would  lead  to  confusion  among  users  of  the  specialized  maritime  radio  service[,  who]  already  have  a  well-  established  emergency  response  system  in  place). 
 146  See  47  C.  F.  R.    80.  917.  Section  80.  917,  by  its  terms,  does  not  apply  to  any  vessel  the  keel  of  which  was  laid  on 
 or  before  March  1,  1957.  See  id.    80.917(  a).  147 
 See  Letter,  dated  July  3,  2002,  from  Marion  C.  Blakey,  Chairman,  NTSB,  to  Michael  K.  Powell,  Chairman,  FCC  (NTSB  Recommendation). 


 148  Id.  The  fire  broke  out  when  the  Port  Imperial  Manhattan  was  carrying  eleven  persons  on  an  evening  commuter 
 run  from  Manhattan  to  Weehawken,  New  Jersey.  The  vessels  radio  became  inoperative  when  the  fire  burned  through  the  electrical  cables  to  the  pilothouse.  The  Port  Imperial  Manhattan  was  not  outfitted  with  an  emergency 


 (continued....) 
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 comment  on  the  NTSB  proposal,  asking  proponents  of  an  extension  of  the  reserve  power  supply  requirement  to  consider  whether  the  Commission  should  simply  remove  the  tonnage  limitation  in  Section 
 80.917,  or  whether  additional  or  alternative  rule  changes  are  warranted.  149  The  Commission  asked  commenters  to  provide  information  on  the  costs  to  small  vessel  operators  of  complying  with  such  a 
 requirement,  and  whether  the  safety  benefits  to  be  derived  therefrom  outweigh  the  compliance  costs.  150 
 35.  Discussion.  We  agree  with  the  majority  of  the  commenters  that  the  reserve  power  supply  requirement  should  be  broadened  in  scope.  151  A  reserve  power  supply  can  make  a  life-  or-  death  difference 


 for  passengers  and  crew  on  board  a  passenger  vessel  in  distress.  Without  a  reserve  power  supply,  a  small  passenger  vessel  may  be  unable  to  communicate  via  radiotelephone  with  search  and  rescue  personnel  in 
 an  emergency,  and  that  inability  to  communicate  could  jeopardize  the  safety  of  those  on  board.  152  In  addition,  the  record  does  not  reveal  any  alternative  to  a  reserve  power  supply  that  would  be  equally 
 effective  in  ensuring  that  a  vessel  could  communicate  with  search  and  rescue  personnel  in  the  event  of  a  loss  of  ship  power.  153 


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


 37.  Although  the  Task  Force  and  RTCM  both  advocate  simply  removing  the  tonnage 
 (...  continued  from  previous  page)  backup  source  of  power,  and  was  not  required  to  have  such  reserve  power  under  the  Commissions  rules  because  it 
 weighs  less  than  one  hundred  gross  tons.  Although  passengers  and  crew  were  ultimately  rescued  without  loss  of  life,  the  NTSB  concluded  that  the  vessels  inability  to  contact  search  and  rescue  personnel  through  VHF 
 radiotelephone  communication  unnecessarily  increased  the  risk  to  passengers  and  crew.  Id.  at  2.  149 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3162    82.  150 
 Id.  151 
 See  USCG  Comments  at  2;  USCG  Reply  Comments  at  3;  Task  Force  Comments  at  2-  3;  RTCM  Comments  at  5-  6;  PVA  Comments  at  2-  3. 


 152  See  NTSB  Recommendation  at  1;  RTCM  Comments  at  5. 
 153  RTCM  says  it  considered  the  possibility  that  waterproof  handheld  radios,  such  as  a  survival  craft  portable  radio, 
 could  provide  an  adequate  alternative  to  a  reserve  power  supply,  but  that  limitations  in  power  and  battery  capacity  counsel  against  reliance  on  handheld  radios  for  this  purpose.  See  RTCM  Comments  at  6. 


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


 155  See  Letter  dated  June  22,  2004,  from  Melissa  Moskal,  Director  of  Government  Affairs,  National  Marine  Charter 
 Association,  to  FCC.  156 
 Id.  157 
 Id.  NMCA  adds  that  it  is  initiating  a  self-  accreditation  program,  the  Accredited  Vessel  Inspection  Program,  which  gives  charter  boat  operators  an  incentive  to  install  safety  devices  such  as  reserve  power  supplies,  and  that  the 


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


 38.  We  note  that  no  commenter  proposed  or  even  discussed  an  appropriate  compliance  deadline  for  the  small  passenger  vessels  newly  subject  to  the  reserve  power  supply  requirement.  The 
 Commission  often  provides  for  a  transition  period  before  licensees  are  required  to  comply  with  new  maritime  equipment  requirements,  and  we  believe  we  should  provide  for  a  transition  period  with  respect 
 to  this  requirement.  In  the  absence  of  any  comments  on  this  issue,  we  will  provide  that  small  passenger 
 158  See  Task  Force  Comments  at  2;  RTCM  Comments  at  5-  6. 
 159  See  PVA  Comments  at  1-  2. 
 160  This  is  the  class  of  vessels  subject  to  Subchapter  K  of  the  Coast  Guard  regulations,  46  C.  F.  R.    114.  100-122.910. 


 161  This  is  the  class  of  vessels  subject  to  Subchapter  T  of  the  Coast  Guard  regulations,  46  C.  F.  R.    175.  100-185.910. 
 162  See  Navigation  and  Vessel  Inspection  Circular  No.  3-  99,  Global  Maritime  Distress  and  Safety  System 
 (GMDSS)  and  Emergency  Position  Indicating  Radiobeacon  (EPIRB)  Equipment  Requirements  for  Commercial  Vessels,  Table  3,  note  9  (1999)  (NVIC  3-  99). 


 163  NMCA  noted  in  its  ex  parte  presentation  that  many  of  its  members  already  carry  a  back-  up  source  of 
 communications:  a  cellular  or  other  commercial  mobile  radio  telephone.  While  we  do  not  believe  a  cellular  telephone  provides  the  same  margin  of  safety  as  a  reserve  power  supply,  we  note  that  Coast  Guard  regulations 


 permit  the  use  of  a  cellular  telephone  as  an  acceptable  alternative  to  other  maritime  communications  equipment  in  certain  circumstances.  See  46  C.  F.  R.    28.  245(  d). 
 164  See  PVA  Comments  at  3. 
 165  See  USCG  Reply  Comments  at  3. 
 166  We  note,  in  addition,  that  if  this  amendment  of  Section  80.917  had  been  in  effect  at  the  time,  the  reserve  power 
 supply  requirement  would  have  applied  to  the  Port  Imperial  Manhattan  because  it  has  a  409-  person  capacity.  See  license  for  Ship  Station  WBP3384. 


 167  See  USCG  Reply  Comments  at  3. 
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 vessels  newly  subject  to  the  reserve  power  requirement  must  comply  with  that  requirement  within  one  year  after  the  effective  date  of  these  rule  amendments.  We  believe  a  one-  year  period  fairly  balances  the 
 interest  in  minimizing  the  compliance  burden  against  the  interest  in  deploying  new  maritime  safety  features  expeditiously. 


 39.  Although  we  find,  on  the  basis  of  the  instant  record,  that  we  should  not  extend  the  reserve  power  supply  requirement  to  all  small  passenger  vessels,  we  strongly  encourage  the  owners  and  operators 
 of  small  passenger  vessels  that  are  not  subject  to  this  reserve  power  supply  requirement  to  nonetheless  install  a  reserve  power  supply  on  such  vessels,  or  to  at  least  take  other  measures,  such  as  carriage  of  VHF 
 marine  handheld  radio  equipment,  as  a  means  of  maintaining  the  ability  to  communicate  with  search  and  rescue  personnel  in  the  event  of  a  disruption  to  the  ships  main  power  supply.  In  addition,  in  the  Third 
 Further  Notice,  we  request  comment  on  whether  the  carriage  of  at  least  one  VHF  marine  handheld  radio  transceiver  should  be  mandatory  for  all  small  passenger  vessels  that  are  not  subject  to  the  requirement  to 
 carry  a  reserve  power  supply.  168 
 D.  Commercial  Operator  License  Issues 
 40.  Background.  In  the  Second  Further  Notice,  the  Commission  invited  comment  on  a  proposal  to  extend  the  license  terms  of  GMDSS  Radio  Operators  Licenses,  GMDSS  Radio  Maintainers 


 Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits  from  five  years  to  the  lifetime  of  the  holder.  169  Commenters  were  also  asked  whether  such  an  extension  of  the  license  term, 
 if  adopted,  should  apply  to  existing  licenses  as  well  as  new  licenses.  170  The  Commission  also  asked  commenters  to  consider  two  possible  amendments  of  the  rules  pertaining  to  commercial  radio  operator 
 license  examinations.  First,  the  Commission  questioned  whether  it  should  remove  the  requirement  in  Section  13.215  of  its  Rules  171  that  COLE  Managers  use  only  the  most  recent  question  pool  made  available 
 to  the  public  in  selecting  questions  for  an  examination.  172  The  Commission  explained  that  it  might  be  beneficial  to  provide  a  reasonable  transition  period  before  use  of  a  new  question  pool  becomes 
 mandatory,  and  that,  if  the  rule  were  amended  in  this  manner,  the  Wireless  Telecommunications  Bureau  could  announce  a  transition  period  for  phasing  in  the  use  of  any  new  question  pool  in  the  same  public 
 notice  in  which  it  announces  the  establishment  and  availability  of  that  question  pool.  173  Second,  the  Commission  requested  comment  on  whether  it  should  amend  Section  13.  203(  a)  of  its  Rules  174  by  deleting 
 the  specification  of  the  number  of  questions  for  each  examination  element.  If  the  number  of  questions  for  each  examination  element  is  not  codified,  the  Commission  reasoned,  the  Wireless  Telecommunications 
 Bureau  would  have  the  flexibility  to  specify  the  number  of  questions  for  a  given  examination  element  in  a  public  notice,  obviating  the  need  to  undertake  a  rulemaking  every  time  the  number  of  questions  is 
 changed.  175 


 168  See  para.  71,  infra. 
 169  See  Second  Further  Notice,  19  FCC  Rcd  at  3162    83.  This  proposal  was  first  made  by  Richard  H.  Weil  in  a 
 petition  for  rulemaking  filed  on  November  22,  1999.  Richard  H.  Weil  Petition  for  Rulemaking,  RM-  10647,  filed  Nov.  22,  1999  (Weil  Petition).  The  Weil  Petition  argued,  inter  alia,  that  it  is  arbitrary  to  provide  five-  year  terms  for 


 these  authorizations  when  General  Radiotelephone  Operator  Licenses,  Restricted  Radiotelephone  Operator  Permits,  and  Restricted  Radiotelephone  Operator  Permits-  Limited  Use  have  lifetime  terms.  Id.;  see  47  C.  F.  R.    13.  15(  b). 
 170  See  Second  Further  Notice,  19  FCC  Rcd  at  3162    83. 
 171  See  47  C.  F.  R.    13.  215. 
 172  See  Second  Further  Notice,  19  FCC  Rcd  at  3163    84. 
 173  Id. 
 174  See  47  C.  F.  R.    13.  203(  a). 
 175  See  Second  Further  Notice,  19  FCC  Rcd  at  3163    84. 
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 41.  Discussion.  We  adopt  all  of  the  amendments  to  the  commercial  radio  operator  rules  discussed  above.  We  extend  license  terms  for  GMDSS  Radio  Operators  Licenses,  Restricted  GMDSS 
 Radio  Operators  Licenses,  176  GMDSS  Radio  Maintainers  Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits  to  the  lifetime  of  the  holder  because  the  renewal  process 
 imposes  an  unnecessary  paperwork  and  filing  fee  burden  on  licensees  inasmuch  as  licensees  continued  competency  is  not  assessed  in  any  way  upon  renewal,  177  and  because  there  appears  to  be  no  reason  to  treat 
 these  licenses  differently  in  this  connection  from  those  that  already  have  lifetime  terms.  178  The  lifetime  term  will  apply  to  existing  licenses  as  well  as  new  licenses,  as  of  the  effective  date  of  these  rule 
 amendments.  179  Finally,  we  also  eliminate  both  the  Section  13.  215  requirement  that  COLE  Managers  use  the  most  recent  question  pool  available  to  the  public,  and  the  Section  13.203  specifications  of  the  number 
 of  questions  for  each  examination  element.  These  rule  changes  will  provide  both  the  Commission  and  COLE  Managers  with  additional  flexibility  in  managing  the  examination  administration  process.  180 


 E.  Ship  Security  Alert  System  (SSAS) 
 42.  Background.  On  May  29,  2003,  the  IMO  adopted  Resolution  MSC.  147(  77),  Adoption  of  the  Revised  Performance  Standards  for  a  Ship  Security  Alert  System,  to  provide  a  means  for  certain  ships 


 to  transmit  a  covert  security  alert  to  shore  to  indicate  that  the  security  of  the  ship  is  under  threat  or  has  been  compromised.  The  Resolution  was  incorporated  into  SOLAS  Chapter  XI-  2,  Regulation  6  and  went 
 into  effect  on  July  1,  2004.  The  Resolution  recommended  only  functional  requirements  for  the  SSAS.  181 


 176  The  Restricted  GMDSS  Radio  Operators  License  did  not  exist  when  the  Weil  Petition  was  filed.  We  determine 
 here  to  extend  the  license  term  of  the  Restricted  GMDSS  Radio  Operators  License,  notwithstanding  that  such  an  extension  was  not  proposed  in  the  Weil  Petition,  because  it  is  consistent  with  our  rationale  for  extending  the  terms  of 


 the  other  licenses  discussed  herein.  In  particular,  we  discern  no  policy  basis  for  providing  a  license  term  for  the  Restricted  GMDSS  Radio  Operators  License  that  differs  from  the  license  term  for  the  GMDSS  Radio  Operators 
 License.  177 
 No  party  opposes  this  extension  of  the  license  terms  to  the  lifetime  of  the  holder.  See  USCG  Comments  at  3;  Task  Force  Comments  at  3;  RTCM  Comments  at  6;  NPMRC  Comments  at  2.  The  Task  Force  says  it  supports 


 lifetime  license  terms  reluctantly  and  would  likely  support  a  license  renewal  requirement  if  renewal  applicants  were  required  to  demonstrate  their  continued  qualifications.  See  Task  Force  Comments  at  3.  The  Coast  Guard  says 
 it  has  no  objection  to  the  lifetime  license  term,  provided  the  Commission  can  ensure  that  license  holders  GMDSS  competency  is  maintained.  See  USCG  Comments  at  3.  Inasmuch  as  the  current  license  renewal  requirement  does 
 not  involve  an  assessment  of  licensee  competency,  removing  the  renewal  requirement  should  not  have  any  significant  effect  on  overall  licensee  competency. 
 178  The  following  commercial  radio  operator  licenses  and  permits  already  have  lifetime  terms:  General 
 Radiotelephone  Operator  Licenses,  Restricted  Radiotelephone  Operator  Permits,  and  Restricted  Radiotelephone  Operator  Permits-  Limited  Use.  See  47  C.  F.  R.    13.  15(  b). 


 179  The  Task  Force,  the  only  commenter  addressing  this  precise  issue,  agrees  that  the  lifetime  term  should  apply  to 
 existing  license  and  permit  holders.  See  Task  Force  Comments  at  3.  We  emphasize  that  the  lifetime  term  will  apply  to  both  active  licenses  and  new  licenses  as  of  the  effective  date  of  these  rule  amendments,  which  will  not  occur  until 


 sixty  days  after  they  are  published  in  the  Federal  Register.  We  caution  existing  holders  of  GMDSS  Radio  Operators  Licenses,  Restricted  GMDSS  Radio  Operators  Licenses,  GMDSS  Radio  Maintainers  Licenses, 
 GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits  that  they  remain  subject  to  the  existing  renewal  requirements  until  the  new  rules  take  effect.  Any  license  with  an  expiration  date  prior  to  the  effective  date 
 of  this  rule  change  must  be  renewed  no  later  than  the  end  of  the  five-  year  grace  period  to  avoid  the  need  to  apply  for  a  new  license  and  retake  the  examination.  See  47  C.  F.  R.    13.  13(  b). 
 180  See  RTCM  Comments  at  7;  NPMRC  Comments  at  2;  see  also  Task  Force  Comments  at  3. 
 181  For  example,  the  system  should  have  two  activation  points  known  only  to  the  user,  the  system  shall  operate  on  a 
 radio  system  that  does  not  require  adjustments  such  as  tuning  the  radio  and  shall  not  cause  an  alarm  to  be  raised  on  board,  and  the  system  shall  include  a  unique  identifier  indicating  that  the  alert  has  not  been  generated  as  a  GMDSS 


 alert.  The  Resolution  did  not  recommend  technical  performance  standards  for  the  SSAS,  but  recommended  that  it  (continued....) 
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 In  the  Second  Further  Notice,  the  Commission  requested  comment  to  assist  it  in  formulating  the  rules  to  guide  the  industry  in  making  communications  equipment  to  meet  the  needs  of  the  SSAS.  182  The 
 Commission  asked  commenters  to  address,  for  example,  appropriate  requirements  for  SSAS  equipment,  certification,  testing,  registration,  technical  performance,  message  content  and  format,  and  routing  of  ship 
 security  alerts.  183 
 43.  Discussion.  In  accord  with  the  consensus  view  of  the  commenters  addressing  this  issue,  184  we  provide  for  the  authorization  of  SSAS  equipment  designed  to  operate  with  the  COSPAS-SARSAT 


 system,  and  the  authorization  of  INMARSAT  D+  equipment  for  SSAS.  RTCM  notes  that  it  was  asked  by  the  National  Oceanic  and  Atmospheric  Administration  to  develop  a  standard  for  SSAS 
 equipment  using  the  COSPAS-  SARSAT  system  because  there  are  certain  message  content  requirements  for  SSAS  messages  transmitted  via  COSPAS-  SARSAT  and  because  the  configuration  of  the  installed 
 SSAS  unit  is  different  from  the  portable  beacons  used  with  other  COSPAS-  SARSAT  services.  185  RTCM  has  completed  such  a  standard,  RTCM  Paper  110-  2004/  SC110-  STD  (SC110),  and  the  commenters 
 addressing  this  issue  unanimously  favor  reliance  on  SC110  in  certifying  COSPAS-  SARSAT  SSAS  units.  186  We  therefore  amend  the  rules  187  to  provide  for  the  certification  of  COSPAS-  SARSAT  SSAS 
 units,  incorporating  by  reference  SC110  as  the  governing  standard.  In  addition,  we  also  amend  Part  80  to  provide  for  the  certification  and  use  of  INMARSAT  D+  equipment  because  such  equipment  is  presently 
 available  and  suitable  for  the  transmission  of  SSAS  alerts.  188 
 44.  We  otherwise  refrain  from  regulating  SSAS.  SSAS  messages  can  be  transmitted  through  existing  communications  systems,  so  there  is  generally  no  need  to  establish  SSAS-  specific  rules  in  Part 


 80.  189  In  particular,  we  do  not  adopt  any  requirements  of  general  applicability  with  respect  to  SSAS  message  content  and  format,  or  the  routing  of  ship  security  alerts.  Other  than  with  respect  to  COSPAS-SARSAT 
 SSAS  equipment,  there  does  not  appear  to  be  any  need  for  the  Commission  to  regulate  SSAS  message  content  and  format,  or  to  augment  the  SOLAS  regulation  governing  the  routing  of  security  alerts, 
 Regulation  XI-  2/  6.2.1.  No  commenter  has  suggested  otherwise.  Inmarsat  cautions,  moreover,  that  the  Commissions  adoption  of  SSAS  requirements  beyond  those  established  by  the  IMO  and  the  Coast  Guard 
 may  limit  the  diversity  of  SSAS  available  to  ship  operators  and  inadvertently  provide  information  to  pirates  and  other  bad  actors  that  might  be  used  to  circumvent  SSAS.  190  We  concur  that  it  is  unnecessary, 


 (...  continued  from  previous  page)  may  use  existing  radio  installations  that  are  compliant  with  chapter  IV  of  the  SOLAS  Convention,  other  general 
 communications  radio  systems,  or  a  dedicated  radio  system.  182 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3164    85.  183 
 Id.  184 
 See  USCG  Comments  at  3;  RTCM  Comments  at  7-  9;  Task  Force  Comments  at  3-  4;  Inmarsat  Reply  Comments  at  3. 


 185  Id.  at  7. 
 186  See  id.;  USCG  Comments  at  3;  Task  Force  Comments  at  3. 
 187  Specifically,  we  add  a  new  Section  80.  277  to  authorize  SSAS  using  COSPAS-  SARSAT  or  INMARSAT  D+ 
 equipment.  188 
 See  USCG  Comments  at  3;  RTCM  Comments  at  8;  Task  Force  Comments  at  3-  4;  Inmarsat  Reply  Comments  at  3. 


 189  See  RTCM  Comments  at  7-  8. 
 190  See  Inmarsat  Reply  Comments  at  3. 
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 and  could  be  counterproductive,  to  adopt  additional  Part  80  requirements  for  SSAS.  191 
 F.  Updated  References  to  International  Standards 
 45.  The  Commission  noted  in  the  Second  Further  Notice  that  one  of  the  key  goals  of  the  WT  Docket  No.  00-  48  rulemaking  proceeding  is  to  keep  the  Part  80  rules  up  to  date  with  respect  to  changes  in 


 the  relevant  international  standards.  192  It  accordingly  asked  commenters  to  identify  any  IMO,  ITU,  IEC  or  other  standards  incorporated  by  reference  in  Part  80  that  have  been  revised  or  updated  subsequent  to 
 the  adoption  of  the  Report  and  Order  on  March  27,  2002.  193  In  addition,  the  Commission  specifically  asked  whether  it  should  make  the  on-  board  frequencies  listed  in  Section  80.373(  g)  of  the  Commissions 
 Rules  194  available  for  narrowband  operations  in  light  of  the  narrowbanding  of  these  frequencies  by  the  ITU.  195  After  reviewing  the  comments,  we  update  a  number  of  the  standards  incorporated  by  reference  in 
 Part  80.  196  In  addition,  we  agree  with  RTCM  that  narrowbanding  the  frequencies  listed  in  Section  80.373(  g)  is  appropriate  to  align  the  Part  80  rules  with  the  ITU  channel  plan.  197  Narrowbanding  also 
 promotes  efficient  spectrum  use.  198 


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


 192  See  Second  Further  Notice,  19  FCC  Rcd  at  3164    86. 
 193  Id. 
 194  47  C.  F.  R.    80.  373(  g). 
 195  See  Second  Further  Notice,  19  FCC  Rcd  at  3164    86  (citing  47  C.  F.  R.    2.  106  n.  5.  287). 
 196  Specifically,  we  make  the  following  changes  to  our  rules:  (a)  replace  references  to  ITU-  R  Recommendations 
 M.  493-  10  and  M.  541-  8  with  the  revised  versions,  M.  493-  11  and  M.  541-  9,  both  in  Section  80.  225,  as  discussed  in  para.  27,  supra,  and  in  the  other  Part  80  rules  referencing  these  standards,  see  47  C.  F.  R.    80.  5,  80.  103(  a),  (c),  (e), 


 80.179(  e),  80.359(  b),  80.1101(  c),  80.1117(  a);  (b)  replace  references  to  CCIR  Recommendations  625  and  476  with  references  to  ITU-  R  Recommendations  M.  625  and  M.  476,  see  47  C.  F.  R.    80.  207(  d)  n.  14;  (c)  update  the  radar 
 standards  referenced  in  Section  80.  273,  47  C.  F.  R.    80.  273,  by  incorporating  by  reference  IMO  Resolution  MSC.  64(  67)  Annex  4  and  ITU-  R  M.  1177-  3;  (d)  update  the  reference  in  Section  80.  1085(  a)(  6)(  iii)  from  IMO 
 Circular  MSC/  Circ.  882  to  IMO  Circular  MSC/  Circ.  1040  (28  May  2002),  see  47  C.  F.  R.    80.  1085(  a)(  6)(  iii);  (e)  change  the  standards  referenced  in  Section  80.  1101(  b)(  4)-(  5)  to  IEC  60092-  101  and  IEC  60533,  respectively,  see  47 
 C.  F.  R.    80.  1101(  b)(  4)-(  5);  (f)  update  the  standard  referenced  in  Section  80.  1101(  c)(  5)(  iii)  from  ITU-  R  Recommendation  M.  633-  2  to  ITU-  R  Recommendation  M.  633-  3,  see  47  C.  F.  R.    80.  1101(  c)(  5)(  iii);  (g)  correct  the 
 reference  in  Section  80.  1101(  c)(  7)  to  IMO  Resolution  A.  762(  18),  see  47  C.  F.  R.    80.  1101(  c)(  7);  (h)  update  the  references  to  the  IEC  standards  in  Section  80.  1101(  c)(  11)  to  reflect  that  all  of  them  are  part  of  the  IEC  61097  series, 
 see  47  C.  F.  R.    80.  1101(  c)(  11)(  ii)-(  v),  (ix);  and  (i)  update  the  information  on  acquiring  standards  from  the  American  National  Standards  Institute,  see  47  C.  F.  R.    80.  1101(  d)(  3)-(  4).  In  addition,  in  the  Third  Further  Notice,  at  para.  74, 
 infra,  we  request  comment  on  adding  IEC  60936  and  IEC  62252  to  the  radar  standards  contained  in  Section  80.  273,  47  C.  F.  R.    80.  273,  as  urged  by  RTCM.  See  RTCM  Comments  at  12-  14. 
 197  See  RTCM  Comments  at  19. 
 198  NPMRC  opposes  narrowbanding  these  frequencies  as  it  would  create  serious  interoperability  problems  between 
 existing  ship  and  coast  stations  and  narrowband  equipment.  See  NPMRC  Comments  at  2.  We  are  not  persuaded  that  the  interoperability  concerns  cited  by  NPMRC  outweigh  the  desirability  of  conforming  the  United  States 


 frequency  plan  with  that  of  the  ITU,  particularly  since  ship  stations  are  not  permitted  to  use  these  on-  board  frequencies  to  communicate  with  coast  stations.  See  47  C.  F.  R.    80.  373(  g);  see  also  47  C.  F.  R.    80.  5  (defining  an 
 on-  board  communication  station  as  intended  for  use  for  internal  communications  on  board  a  ship,  or  between  a  ship  and  its  lifeboats  and  liferafts  during  lifeboat  drills  or  operations,  or  for  communication  within  a  group  of  vessels 
 being  towed  or  pushed,  as  well  as  for  line  handling  and  mooring  instructions).  As  amended,  moreover,  Section  80.  373(  g)  does  not  mandate  the  narrowbanding  of  on-  board  frequencies,  but  merely  authorizes  it  on  a  permissive 
 basis.  Nothing  in  the  amended  rule  would  preclude  vessels  from  continuing  to  use  25  kHz  on-  board  channels. 
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 G.  2002  Biennial  Review 
 46.  On  November  8,  2002,  Globe  Wireless  filed  ex  parte  comments  in  the  2002  Biennial  Regulatory  Review  proceeding  proposing  the  elimination  or  revision  of  a  number  of  Part  80  rules.  199  The 


 Globe  Wireless  Comments  were  incorporated  into  the  record  of  this  proceeding,  and  the  Commission  requested  comment  on  them  in  the  Second  Further  Notice.  200  The  Commission  also  noted  that  some 
 additional  changes  to  the  Part  80  Rules  may  be  warranted  as  housekeeping  measures,  and  requested  comment  on  several  specific  proposals.  201  We  address  these  matters  below.  202  In  the  following  section, 
 Section  IV.  H.,  we  adopt  additional  housekeeping  amendments  to  Part  80. 
 47.  Remote  Control  Programming  of  Transmitters.  Section  80.203(  b)(  3)  of  the  Commissions  Rules  requires  that  the  programming  of  (non-  preprogrammed)  channels  in  maritime  radio 


 transmitters  be  performed  only  by  a  person  holding  a  first  or  second  class  radiotelegraph  operators  certificate  or  a  general  radiotelephone  operators  license  using  specified  procedures.  203  Globe  Wireless 
 suggests  that  Section  80.203(  b)(  3)  be  eliminated  because  it  does  not  reflect  the  reality  that  transmitters  today  may  be  programmed  accurately  through  the  use  of  remote  computers  without  any  danger  of 
 operation  on  unauthorized  frequencies.  204  MariTEL  supports  this  Globe  Wireless  proposal,  noting  that  advances  in  communications  networking  systems  have  permitted  increasingly  centralized  control  of  shore 
 stations,  such  that  programming  of  VHF  transmitters  at  any  site  is  primarily  accomplished  via  remote  control  software,  which  provides  the  ability  to  more  effectively  control,  monitor  and  maintain  the 
 communications  system.  205  We  agree  with  Globe  Wireless  and  MariTEL  that  computerized  remote  control  programming  of  maritime  transmitters  offers  significant  operating  efficiencies,  and  can  be 
 performed  accurately  and  without  raising  the  risk  of  operation  on  unauthorized  frequencies.  206  However,  we  do  not  simply  delete  Section  80.203(  b),  as  requested  by  Globe  Wireless,  because  that  would  remove 
 the  requirement  that  manual,  i.  e.,  non-  remote  control,  programming  be  done  only  by  persons  holding  one  of  the  enumerated  Commission  authorizations.  207  Instead,  we  retain  Section  80.203(  b)(  3)  but  add  to  it  a 
 provision  permitting  computerized  remote  control  programming  of  maritime  transmitters,  provided  that 
 199  Globe  Wireless,  Comments  on:  476  [sic]  CFR  Chapter  1    Possible  Revision  or  Elimination  of  Rules  (filed  Nov. 
 8,  2002)  (Globe  Wireless  Comments).  200 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3164    87.  201 
 See  id.  at  3165    88.  202 
 Certain  of  Globe  Wireless  requests  are  moot  because  they  already  have  been  addressed  in  this  proceeding.  Globe  Wireless  requests,  and  RTCM  agrees,  that  Section  80.  141(  c)(  1)-(  2)  of  the  rules,  47  C.  F.  R.    80.  141(  c)(  1)-(  2), 


 should  be  deleted  as  obsolete.  See  Globe  Wireless  Comments  at  1;  RTCM  Comments  at  17.  That  amendment  was  adopted  in  the  Report  and  Order.  See  Report  and  Order,  17  FCC  Rcd  at  6803,  Appendix  B.  Globe  Wireless 
 requests  deletion  of  the  frequencies  410  kHz  and  500  kHz  from  the  list  of  radiodetermination  carrier  frequencies  in  Section  80.  375(  a)  of  the  rules,  47  C.  F.  R.    80.  375(  a).  See  Globe  Wireless  Comments  at  3.  That  change  also 
 occurred  in  the  Report  and  Order.  See  Report  and  Order,  17  FCC  Rcd  at  6770    75.  Finally,  Globe  Wireless  requests  that  Section  80.  802  of  the  rules,  47  C.  F.  R.    80.  802,  be  eliminated  and  that  Section  80.  836,  47  C.  F.  R. 
   80.  836,  be  modified  to  reflect  that  elimination  of  Section  80.  802.  See  Globe  Wireless  Comments  at  3.  Sections  80.  802  and  80.  836  were  both  removed  in  their  entirety  in  the  Report  and  Order.  See  Report  and  Order,  17  FCC  Rcd 
 at  6824,  Appendix  B.  203 
 See  47  C.  F.  R.    80.  203(  b)(  3).  204 
 See  Globe  Wireless  Comments  at  1.  205 
 See  MariTEL  Reply  Comments  at  3-  4.  206 
 Although  RTCM  argues  that  Section  80.  203(  b)(  3)  should  be  retained,  it  does  not  challenge  the  assertions  of  Globe  Wireless  and  MariTEL,  and  does  not  explain  why  it  is  opposed  to  remote  control  programming  of  marine 


 transmitters.  See  RTCM  Comments  at  18.  207 
 No  party  has  suggested  that  the  licensing  requirement  for  manual  programming  be  changed. 
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 the  remote  control  software  is  disabled  from  selecting  non-  authorized  frequencies. 
 48.  Emission  Classes.  Globe  Wireless  and  MariTEL  both  recommend  amending  Section  80.207  of  the  Commissions  Rules  208  so  that  any  emission  class  of  the  licensees  choosing  may  be  used  on 


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


 208  See  47  C.  F.  R.    80.  207(  d). 
 209  See  Globe  Wireless  Comments  at  2;  MariTEL  Comments  at  3-  4;  MariTEL  Reply  Comments  at  2-  3.  Globe 
 Wireless  and  MariTEL  both  favor  continuing  to  designate  specific  emission  classes  for  distress  frequencies.  210 
 See  Globe  Wireless  Comments  at  2;  MariTEL  Comments  at  3-  4;  MariTEL  Reply  Comments  at  2-  3.  211 
 See  MariTEL  Comments  at  3  (asserting  that  any  attempt  to  change  Section  80.  207(  d)  today  to  reflect  current  technology  and  services  will  only  result  in  an  amended  Section  80.  207(  d)  becoming  obsolete  in  the  future.);  see 


 also  MariTEL  Reply  Comments  at  2.  212 
 See  ITU  Radio  Regulations,  Edition  of  2004,  Article  52,  Special  rules  relating  to  the  use  of  frequencies  (setting  forth  emission  designators  for  internationally  recognized  maritime  channels). 


 213  See  USCG  Reply  Comments  at  2. 
 214  Id. 
 215  We  also  decline,  without  prejudice,  various  requests  to  add  specific  emission  designators  to  Section  80.  207(  d). 
 Globe  Wireless  recommends  that,  if  the  Commission  continues  to  list  permissible  emission  designators  one-  by-  one,  it  should  at  least  add  the  designators  2K80J2D,  2K80F1B,  and  2K80F7B,  but  Globe  Wireless  provides  no 


 explanation  to  support  such  an  amendment.  We  therefore  take  no  action  on  this  recommendation.  See  Globe  Wireless  Comments  at  2.  RTCM  recommends  that  the  Commission  amend  Section  80.  207(  d)  to  permit  (  a)  data 
 operation  over  the  AIS  frequencies  161.  975  and  162.025  MHz;  and  (b)  data  operation  over  voice  channels  not  used  for  safety  or  safety-  related  operation  or  otherwise  excluded,  on  a  non-  interference  basis  to  voice,  provided  that  i) 
 carrier  sense  circuitry  be  employed  to  prevent  data  transmissions  on  a  channel  while  being  used  for  voice  communications  within  one  minute  of  a  voice  transmission,  ii)  transmission  duration  should  not  exceed  one  second, 
 and  iii)  carrier  sense  circuitry  monitor  the  channel  every  second.  See  RTCM  Comments  at  18;  see  also  MariTEL  Comments  at  3  (noting  that  the  Commission  has  permitted  the  use  of  transmitters  for  AIS  operations  that  are  not 
 contemplated  by  Section  80.  207(  d)).  We  view  the  proposal  regarding  AIS  data  operation  on  the  frequencies  161.975  MHz  and  162.025  MHz  as  premature,  given  that  the  Commission  has  not  yet  designated  those  channels  for 
 AIS,  and  will  address  that  precise  issue  and  other  relevant  AIS  technical  questions  in  the  AIS  Rulemaking  Proceeding.  We  similarly  reject  without  prejudice  RTCMs  second  recommendation  because  RTCM  does  not  offer 
 any  analysis  of  the  technical  and  operational  implications  of  introducing  carrier  sense  circuitry  into  the  marine  radio  environment  for  the  purpose  of  permitting  data  transmissions  on  voice  channels.  See  also  MariTEL  Reply 
 (continued....) 
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 49.  Morse  Code  Frequencies.  Globe  Wireless  requests  216  that  we  delete  Sections  80.355  and  80.357  of  the  Rules.  217  RTCM  agrees  that  these  rules,  which  pertain  to  Morse  code  radiotelegraphy, 
 should  be  deleted  as  obsolete.  218  The  Commission  addressed  this  issue  in  the  Report  and  Order,  and  there  declined  to  delete  Sections  80.355  and  80.  357.  219  The  Commission  also  indicated  that  it  would  revisit  this 
 issue  if  the  record  were  augmented  to  establish  whether  the  Morse  radiotelegraph  frequencies  are  being  used.  220  In  the  absence  of  additional  record  information  on  this  subject,  we  remain  unconvinced  that 
 deleting  the  Morse  radiotelegraph  frequency  tables  is  necessary  or  beneficial  at  this  time.  We  note  that  Globe  Wireless  did  not  explain  why  the  sections  should  be  deleted.  There  remain  a  number  of  valid 
 licenses  with  Morse  radiotelegraphy  authorizations.  221  It  should  also  be  noted  that  eliminating  the  Morse  rules  would  not  make  additional  spectrum  available  to  other  users  in  the  4-  27  MHz  band  due  to  the 
 sharing  of  this  spectrum  with  facsimile  operations.  222  We  therefore  decline  to  delete  Section  80.355  or  Section  80.357. 


 50.  Frequency  Allotments  and  Limitations.  Globe  Wireless  requests  various  amendments  of  Sections  80.363  and  80.371  of  the  Commissions  Rules.  223  With  respect  to  Section  80.363,  which  sets 
 forth  the  frequencies  available  for  facsimile  communications,  Globe  Wireless  requests  the  removal  of  limitations  on  use  of  the  frequencies  for  data/  fax  by  ship  stations,  coupled  with  a  freeze  on  assignments 
 of  the  listed  frequencies  to  coast  stations,  in  order  to  address  what  it  deems  an  insufficiency  in  the  spectrum  available  for  ship  facsimile  communications.  224  With  respect  to  Section  80.371,  which 
 describes  the  frequencies  available  for  radiotelephony  public  correspondence,  Globe  Wireless  views  both  the  allotment  of  discrete  frequencies  for  each  coastal  region  225  and  continued  reliance  on  Appendix  25  of 
 the  international  Radio  Regulations  226  as  anachronisms,  urging  that  the  Commission  instead  rely  on 


 (...  continued  from  previous  page)  Comments  at  2-  3  (contending  that  it  would  be  premature  to  authorize  the  recommended  operations  at  this  stage  in 
 the  development  of  technical  parameters  and  regulations  for  cognitive  radio  technology).  216 
 See  Globe  Wireless  Comments  at  2.  217 
 See  47  C.  F.  R.    80.  355,  80.  357.  218 
 See  RTCM  Comments  at  18.  219 
 See  Report  and  Order,  17  FCC  Rcd  at  6760-  61    45.  220 
 Id.  (stating  that  the  Commission  will  take  a  conservative  approach  and  retain  these  frequencies  with  the  recognition  that  this  provision  may  be  ripe  for  review  and  elimination  in  conjunction  with  the  next  biennial 


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


 222  See  47  C.  F.  R.    80.  357(  b)(  1),  80.  363(  a)(  2). 
 223  47  C.  F.  R.    80.  363,  80.  371.  Globe  Wireless  also  comments  with  respect  to  the  private  coast  station  frequencies 
 set  forth  in  Section  80.  373  of  the  Rules,  47  C.  F.  R.    80.  373,  that  [  t]  he  demand  for  these  frequencies  should  be  re-evaluated.  Globe  Wireless  Comments  at  3.  Globe  Wireless  does  not  explain  why  or  how  the  demand  for  these 


 frequencies  should  be  reassessed,  or  what  action,  if  any,  the  Commission  should  take  if  it  concludes  (as  Globe  Wireless  presumably  thinks  it  may)  that  there  is  little  demand  for  spectrum  for  private  communications.  We  do  not 
 believe  that  requests  or  suggestions  of  such  vagueness  are  sufficient  predicates  for  Commission  action.  224 
 See  Globe  Wireless  Comments  at  2.  Globe  Wireless  also  suggests  that  the  reference  to  a  3  kHz  bandwidth  in  Section  80.363(  a)(  2),  47  C.  F.  R.    80.363(  a)(  2),  be  eliminated  as  irrelevant  because  many  different  bandwidths  are 


 used  in  these  bands,  especially  by  military  operations.  See  Globe  Wireless  Comments  at  3.  225 
 See  47  C.  F.  R.    80.  371(  a).  226 
 See  47  C.  F.  R.    80.  371(  b)(  1). 
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 general  principles  of  non-  interference  in  assigning  public  correspondence  frequencies.  227  We  received  no  comments  pertaining  to  these  recommendations,  and  we  conclude  that  there  is  an  insufficient  record  to 
 adopt  any  of  these  recommendations  at  this  time.  However,  we  recognize  that  there  may  be  a  need  to  provide  additional  channels  for  ship  station  facsimile  communications,  and  we  request  comment  in  the 
 Third  Further  Notice,  infra,  as  to  whether  additional  spectrum,  perhaps  spectrum  currently  designated  for  unused  or  underused  voice  channels,  should  be  made  available  for  that  purpose.  228 


 51.  Additional  Proposals.  As  noted  above,  the  Commission  requested  comment  in  the  Second  Further  Notice  not  only  on  the  Globe  Wireless  Comments  but  also  on  some  additional  changes  to 
 the  Part  80  Rules  that  the  Commission  believed  may  be  warranted  as  housekeeping  measures.  229  First,  the  Commission  questioned  whether  note  5  to  Section  80.207(  d)  of  the  Commissions  Rules  230  can  be 
 deleted  as  obsolete  because  the  note  grandfathers  certain  transmitters  manufactured  prior  to  December  31,  1969,  and  such  transmitters  are  not  likely  to  still  be  in  use.  231  Second,  the  Commission  observed  that 
 tables  of  frequencies  in  Sections  80.207(  d)  and  80.  313  of  the  Rules  232  include  entries  for  the  frequency  band  1605-  27500  kHz,  but  that  the  only  maritime  mobile  operations  permitted  in  the  broadcast  AM 
 expanded  band,  1605-  1705  kHz,  are  those  authorized  pursuant  to  footnote  US299  of  the  Table  of  Frequency  Allocations,  which  does  not  encompass  1605-  1615  kHz.  233  The  Commission  therefore 
 proposed  to  amend  those  rules  to  list  1615  kHz  as  the  low  end  of  the  band.  234  Finally,  the  Commission  proposed  to  further  revise  the  Section  80.207(  d)  table  by  removing  the  listing  of  the  14.00-  14.05  GHz 
 band  for  ship  radiodetermination  use  because  there  are  no  current  or  planned  radionavigation  operations  in  the  band.  235  RTCM,  the  only  commenter  addressing  these  proposals,  states  that  it  has  no  objection  to 
 any  of  them.  236  We  therefore  amend  these  rules  for  the  reasons  discussed  in  the  Second  Further  Notice.  237 


 227  See  Globe  Wireless  Comments  at  3.  Although  Globe  Wireless  says  Appendix  25  is  no  longer  relevant,  id.,  it 
 remains  that  Appendix  25  is  still  in  effect.  For  this  reason,  the  Commission  rejected  a  similar  proposal  in  2002.  See  Amendment  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Second  Memorandum  Opinion  and 


 Order  and  Fifth  Report  and  Order,  PR  Docket  No.  92-  257,  17  FCC  Rcd  6685,  6712-  13    62  (2002).  Globe  Wireless  has  not  set  forth  any  changed  circumstances  warranting  reconsideration  of  this  approach. 
 228  See  para.  72,  infra.  We  also  invite  comment  in  the  Third  Further  Notice  on  whether  to  permit  the  transmission  of 
 data  over  maritime  VHF  voice  channels.  Id.  229 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3165    88.  230 
 See  47  C.  F.  R.    80.  207(  d),  n.  5.  231 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3165    88.  232 
 See  47  C.  F.  R.    80.  207(  d),  80.  313.  233 
 See  47  C.  F.  R.    2.106  n.  US299  (providing  that  [  t]  he  1615-  1705  kHz  band  in  Alaska  is  also  allocated  to  the  maritime  mobile  services  and  the  Alaska  fixed  service  on  a  secondary  basis  to  Region  2  broadcast  operations.). 


 234  See  Second  Further  Notice,  19  FCC  Rcd  at  3165    88. 
 235  Id.  The  Commission  noted  that  it  had  recently  proposed  to  remove  the  unused  radionavigation  allocation  of  the 
 14.  00-  14.  05  GHz  band  from  the  Part  87  rules  governing  the  Aviation  Radio  Service,  and  tentatively  concluded  that  it  should  make  that  same  change  to  the  Part  80  rules.  See  Review  of  Part  87  of  the  Commissions  Rules  Concerning 


 the  Aviation  Radio  Service,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  18  FCC  Rcd  21432    85  (2003)  (proposing  to  remove  the  reference  to  the  14000-  14400  MHz  band  in  47  C.  F.  R. 
   87.  187(  x)  and  to  also  remove  from  the  Table  of  Frequency  Allocations,  47  C.  F.  R.    2.106,  the  allocation  for  radionavigation  in  the  14000-  14200  MHz  band). 
 236  See  RTCM  Comments  at  18-  19. 
 237  That  is,  we  delete  note  5  to  Section  80.207(  d)  as  obsolete  because  it  grandfathers  transmitters  that  are  no  longer 
 in  use;  amend  Sections  80.  207(  d)  and  80.  313  by  replacing  references  to  the  1605-  27500  kHz  band  with  references  to  the  1615-  27500  kHz  band,  because  maritime  mobile  operations  are  not  permitted  on  the  AM  expanded  band 


 (continued....) 
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 H.  Other  Matters. 
 52.  In  the  course  of  reviewing  the  Part  80  rules  and  the  comments  filed  in  this  proceeding,  several  regulatory  discrepancies,  obsolete  rules  and  typographical  errors  were  identified  by  Commission 


 staff  or  have  otherwise  come  to  our  attention.  238  We  hereby  adopt  corrective  amendments.  These  amendments  are  not  substantive  and  do  not  impose  a  new  compliance  burden  on  any  entity.  We  discuss 
 these  amendments  below.  239 
 53.  Federal  Government  Ship  Stations.  Section  80.15(  d)(  4)  of  the  Commissions  Rules  provides  that  a  ship  station  license  may  be  issued  by  the  Commission  to  [  a]  ny  agency  of  the  U.  S. 


 Government  subject  to  section  301  of  the  Communications  Act.  240  Prior  to  1996,  Section  305(  b)  of  the  Communications  Act  of  1934,  as  amended,  provided  that  [  r]  adio  stations  on  board  vessels  of  the 
 Maritime  Administration  of  the  Department  of  Transportation  or  the  Inland  and  Coastwise  Waterways  Service  shall  be  subject  to  the  provisions  of  this  subchapter.  241  However,  this  statutory  provision  was 
 deleted  in  the  Telecommunications  Act  of  1996.  242  Accordingly,  the  Commission  no  longer  has  jurisdiction  over  any  Federal  Government-  owned  ship  radio  stations,  and  Section  80.15(  d)(  4)  of  the 
 Commissions  rules  is,  as  a  consequence,  obsolete.  We  therefore  delete  Section  80.15(  d)(  4). 
 54.  Exemption  from  Equipment  Certification  Requirements  for  Certain  Vessels  in  the  Maritime  Security  Fleet.  On  November  24,  2003,  the  President  signed  into  law  the  National  Defense 


 Authorization  Act  for  Fiscal  Year  2004.  243  Among  other  things,  this  statute  directs  the  Secretary  of  Transportation,  in  consultation  with  the  Secretary  of  Defense,  to  establish  a  Maritime  Security  Fleet,  a 
 fleet  of  active,  commercially  viable,  militarily  useful,  privately  owned  vessels  to  meet  national  defense 


 (...  continued  from  previous  page)  frequencies  below  1615  kHz;  and  remove  the  ship  radiodetermination  designation  of  the  14.  00-  14.  05  GHz  band 
 from  Section  80.  207(  d)  in  light  of  the  absence  of  any  current  or  anticipated  radionavigation  use  of  the  band.  238 
 Some  of  these  problems,  and  proposed  remedial  amendments,  were  brought  to  the  Commissions  attention  by  parties  filing  comments  in  a  separate  proceeding  to  review  certain  Commission  rules  pursuant  to  the  Regulatory 


 Flexibility  Act.  See  FCC  Seeks  Comment  Regarding  Possible  Revision  or  Elimination  of  Rules  Under  the  Regulatory  Flexibility  Act,  5  U.  S.  C.    610,  Public  Notice,  17  FCC  Rcd  16562  (2002),  corrected  by  erratum,  17  FCC 
 Rcd  16797  (2002).  The  statute  requires  federal  agencies  to  undertake  a  periodic  review  of  rules  which  have  or  will  have  a  significant  economic  impact  upon  a  substantial  number  of  small  entities.  See  5  U.  S.  C.    610(  a). 
 239  In  addition  to  the  revisions  discussed  below,  we  take  this  opportunity  to  correct  minor  typographical  errors  in 
 Sections  80.  207(  d),  80.  371(  a),  80.  373(  a)(  1),  80.  373(  g),  and  80.  1125(  j)(  6),  47  C.  F.  R.    80.  207(  d),  80.  371(  a),  80.  373(  a)(  1),  80.  373(  g),  80.  1125(  j)(  6),  and  to  change  any  remaining  references  to  406.025  MHz  EPIRBs  to  406.  0-406.1 


 MHz  EPIRBs.  See  Report  and  Order,  17  FCC  Rcd  at  6774    85  (concluding  that  the  EPIRBs  in  question  are  more  accurately  referred  to  as  406.0-  406.  1  MHz  EPIRBs  in  light  of  their  ability  to  operate  on  multiple  frequencies 
 within  that  band).  The  remaining  references  to  406.  025  MHz  EPIRBs  are  in  Sections  80.  203(  h),  80.  207(  d),  80.  211(  e),  and  80.  1061(  e)  of  the  Commissions  Rules,  47  C.  F.  R.    80.  203(  h),  80.  207(  d),  80.  211(  e),  80.  1061(  e). 
 We  also  amend  Section  80.  905  of  the  Rules,  47  C.  F.  R.    80.  905,  to  clarify,  in  keeping  with  the  clear  intent  of  the  Second  Report  and  Order,  19  FCC  Rcd  at  3138    33  &  n.  133,  that  the  DSC  equipment  that  small  passenger  vessels 
 will  have  to  carry  one  year  after  the  Coast  Guard  establishes  shore-  based  coverage  of  Sea  Areas  A1  and  A2  must  meet  the  standards  generally  applicable  to  such  equipment,  as  incorporated  by  reference  in  Section  80.  1101(  c)(  2)  -( 
 4),  47  C.  F.  R.    80.  1101(  c)(  2)-(  4).  Finally,  we  amend  Section  13.  7(  b)  of  the  Commissions  Rules,  47  C.  F.  R.    13.  7(  b),  to  correct  a  previous  oversight  by  adding  the  GMDSS  Radio  Operator/  Maintainer  License  to  the  list  of 
 commercial  radio  operator  licenses.  240 
 See  47  C.  F.  R.    80.  15(  d).  241 
 See  47  U.  S.  C.    305(  b)  (1995).  242 
 See  Pub.  L.  104-  104,  110  Stat.  56,    403(  h)(  1).  243 
 See  Pub.  L.  108-  136,  117  Stat.  1392  (2003). 
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 and  other  security  requirements  and  maintain  a  United  States  presence  in  international  commercial  shipping.  244  The  Maritime  Security  Fleet  is  to  be  comprised  of  privately-  owned,  United  States-documented 
 vessels,  245  and  the  owner  or  operator  of  each  vessel  to  be  included  in  the  Maritime  Security  Fleet  must  enter  into  an  operating  agreement  with  the  Secretary  of  Transportation.  246  That  operating 
 agreement  is  to  include  an  Emergency  Preparedness  Agreement  making  the  subject  vessel  and  vessel-related  resources  available  to  the  Federal  Government  upon  a  request  by  the  Secretary  of  Defense  during 
 time  of  war  or  emergency.  247  Of  particular  relevance  to  the  Part  80  rules  is  a  provision  of  the  statute  that  effectively  exempts  from  the  Commissions  equipment  certification  requirements  certain  vessels  that  have 
 been  redocumented  under  the  laws  of  the  United  States  in  order  to  be  included  in  the  Maritime  Security  Fleet.  248  To  reflect  this  statutory  provision  in  our  rules,  we  amend  Section  80.43,  which  currently  requires 
 maritime  radio  transmitters  to  be  authorized  by  the  Commission  based  on  compliance  with  Part  80  technical  requirements.  249  Specifically,  we  amend  Section  80.43  to  exempt  from  its  reach  those  vessels  in 
 the  Maritime  Security  Fleet  that  are  deemed  to  satisfy  all  Commission  equipment  certification  requirements  pursuant  to  Section  53108(  c)  of  Title  46  of  the  United  States  Code. 


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


 56.  Implementation  of  U.  S./  Canada  Agreement.  Section  80.57  of  the  Commissions  Rules  implements  an  agreement  between  the  United  States  and  Canada  regarding  the  assignment  of  VHF 
 244  Id.  at    3531;  46  U.  S.  C.    53102(  a).  All  of  the  relevant  statutory  provisions  discussed  here  were  adopted  in 
 Section  3531  of  the  statute,  and  have  been  codified  in  Title  46  of  the  United  States  Code.  For  convenience,  we  will  cite  only  to  the  codified  provisions  in  the  remainder  of  this  discussion. 


 245  See  46  U.  S.  C.    53102(  a).  Documentation  and  redocumentation  refer  to  the  process  by  which  the  Coast  Guard 
 issues  Certificates  of  Documentation  to  vessels  as  evidence  of  the  vessels  nationality  and  verification  of  the  chain  of  title.  The  Coast  Guard  assigns  official  numbers  to  documented  vessels.  See  46  C.  F.  R.    67.  111. 


 246  See  46  U.  S.  C.    53103(  a). 
 247  See  46  U.  S.  C.    53107. 
 248  See  46  U.  S.  C.    53108(  c).  Section  53108(  c)  states  in  full: 


 (c)  TELECOMMUNICATIONS  EQUIPMENT.    The  telecommunications  and  other  electronic  equipment  on  an  existing  vessel  that  is  redocumented  under  the  laws  of  the  United  States  for 
 operation  under  an  operating  agreement  under  this  chapter  shall  be  deemed  to  satisfy  all  Federal  Communications  Commission  equipment  certification  requirements,  if   


 (1)  such  equipment  complies  with  all  applicable  international  agreements  and  associated  guidelines  as  determined  by  the  country  in  which  the  vessel  was  documented  immediately  before 
 becoming  documented  under  the  laws  of  the  United  States; 
 (2)  that  country  has  not  been  identified  by  the  Secretary  as  inadequately  enforcing  international  regulations  as  to  that  vessel;  and 


 (3)  at  the  end  of  its  useful  life,  such  equipment  will  be  replaced  with  equipment  that  meets  Federal  Communications  Commission  equipment  certification  standards. 
 249  See  47  C.  F.  R.    80.  43. 
 250  See  47  C.  F.  R.    80.  51. 
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 frequencies  to  public  coast  stations  in  specified  areas.  251  Section  80.57(  d)(  5)  specifies  a  long-  expired  deadline  for  compliance  with  the  arrangement,  and  provides  an  exemption  from  that  deadline  to  specified 
 U.  S.  public  coast  stations  that  no  longer  exist.  252  We  therefore  delete  Section  80.57(  d)(  5)  as  obsolete. 
 57.  INMARSAT  Ship  Earth  Stations.  Section  80.203(  g)  of  the  Commissions  Rules  prescribes  requirements  for  applicants  seeking  authorization  of  earth  ship  station  transmitters  intended  for 


 use  in  the  INMARSAT  space  segment.  253  The  rule  states  in  part  that  such  equipment  must  be  verified  in  accordance  with  the  technical  requirements  provided  by  INMARSAT  and  must  be  type  approved  by 
 INMARSAT  for  use  in  the  INMARSAT  space  segment.  254  However,  although  INMARSAT  grants  ship  earth  stations  approval  to  access  INMARSAT  space  segment,  it  no  longer  tests  and  approves  the 
 equipment.  We  accordingly  amend  Section  80.203(  g)  to  specify  that  the  subject  equipment  must  be  approved  for  use  in  the  INMARSAT  space  segment  by  a  notified  body  255  in  accordance  with  technical 
 requirements  provided  by  INMARSAT.  We  also  amend  Section  80.1103(  c)  of  the  Rules  for  the  same  reason.  256 


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


 59.  Frequencies  for  Automated  Systems.  Section  80.385(  d)  of  the  Commissions  rules  describes  the  carrier  frequencies  assignable  to  automated  multi-  station  systems  in  the  Great  Lakes.  261 
 However,  there  are  no  stations  licensed  to  use  these  frequencies  pursuant  to  Section  80.385(  d),  and  these  frequencies  are  no  longer  assignable  to  automated  multi-  station  systems  because  they  have  been  licensed 


 251  See  47  C.  F.  R.    80.  57;  Exchange  of  Notes  Between  the  Government  of  the  United  States  of  America  and  the 
 Government  of  Canada  Concerning  the  Coordination  and  Use  of  Radio  Frequencies  Above  30  Megacycles  per  Second,  Attachments  A  through  F  (Oct.  24,  1962). 


 252  See  47  C.  F.  R.    80.  57(  d)(  5).  The  U.  S.  public  coast  stations  listed  in  the  rule  are  Stations  KOH627,  Tacoma, 
 Washington,  KOH630,  Seattle,  Washington,  and  WXY956,  Camano,  Washington.  253 
 See  47  C.  F.  R.    80.  203(  g).  254 
 Id.  255 
 Notified  bodies  are  European  Union  government-  designated  laboratories  and  testing  organizations  that  are  authorized  to  make  determinations  as  to  whether  products  comply  with  specified  safety  standards,  a  process  termed 


 conformity  assessment.  256 
 See  47  C.  F.  R.    80.  1103(  c).  Section  80.  1103(  c)  currently  specifies  that  applicants  for  authorization  of  GMDSS  equipment  must  submit,  inter  alia,  a  copy  of  the  INMARSAT  type  approval  certification  indicating  that  equipment 


 meets  GMDSS  standards.  To  reflect  that  INMARSAT  does  not  itself  issue  such  certifications,  we  simply  remove  the  modifier  INMARSAT  from  the  sentence. 
 257  See  ITU  Resolution  352  (WRC-  03). 
 258  See  ITU  Radio  Regulations,  Edition  of  2004,    52.  221A. 
 259  See  47  C.  F.  R.    80.  373(  c).  The  frequency  12359  kHz  is  widely  authorized  as  a  common  working  frequency  for 
 private  coast  stations.  260 
 See  47  C.  F.  R.    80.  371(  b)(  2).  261 
 See  47  C.  F.  R.    80.  385(  d). 
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 to  VHF  public  coast  station  geographic  licensees  pursuant  to  Section  80.  371(  c)(  1).  262  We  therefore  delete  Section  80.385(  d). 
 60.  VHF  Maritime  Channels  75  and  76.  In  the  Second  Report  and  Order,  the  Commission  redesignated  VHF  maritime  Channels  75  (156.775  MHz)  and  76  (156.825  MHz),  which  previously  had 
 been  designated  as  guard  bands  for  Channel  16  (156.  800  MHz),  to  be  used  for  port  operations.  263  The  Commission  amended  Section  80.373(  f)  of  the  Rules  264  to  reflect  the  redesignation  of  Channels  75  and 
 76,  but  neglected  to  also  modify  the  table  of  frequencies  in  Section  80.871(  d)  of  the  Rules.  265  As  a  consequence,  Section  80.871(  d)  still  indicates  that  Channels  75  and  76  are  guard  bands.  We  rectify  that 
 omission  here,  and  modify  the  table  of  frequencies  accordingly. 
 61.  General  small  passenger  vessel  exemptions.  Section  80.933  of  the  Commissions  Rules  exempts  certain  classes  of  small  passenger  vessels  from  specified  equipment  requirements.  266  We  remove 


 Section  80.933(  c),  which  provides  for  a  conditional  exemption  from  certain  equipment  requirements,  as  redundant  with  Section  80.905.  267  In  addition,  we  remove  Section  80.933(  d)  as  obsolete  because  it 
 provides  an  exemption  that,  by  its  terms,  expired  on  February  1,  1999.  268 
 62.  GMDSS  Implementation.  The  GMDSS  equipment  carriage  requirements  generally  were  phased  in  over  the  period  from  February  1,  1992  to  February  1,  1999.  269  Section  80.  1065  of  the 


 Commissions  Rules  provides  a  timetable  for  vessels  to  come  into  compliance  with  the  GMDSS  requirements.  270  The  most  recent  compliance  deadline  listed  in  the  rule  is  February  1,  1999.  We 
 therefore  amend  Section  80.1065  to  remove  all  references  to  the  expired  deadlines.  271 
 63.  Fishing  Vessel  Exemption.  Section  80.1071(  c)  of  the  Commissions  rules  exempts  fishing  vessels  of  300  gross  tons  and  upward  from  the  Subpart  W  GMDSS  requirements  pertaining  to 


 VHF-  DSC  and  MF-  DSC  equipment,  provided  that  those  vessels  remain  within  communications  range  of  coast  stations  operating  on  maritime  VHF  Channel  16  (with  respect  to  VHF-  DSC)  or  the  frequency  2182 
 kHz  (with  respect  to  MF-  DSC),  272  until  one  year  after  the  Coast  Guard  establishes  GMDSS  coast  facilities  for  Sea  Areas  A1  and  A2,  respectively,  if  certain  requirements  are  met.  273  Section  80.1071(  c)(  1)  requires, 


 262  See  47  C.  F.  R.    80.  371(  c)(  1). 
 263  See  Second  Report  and  Order,  19  FCC  Rcd  at  3133-  34    25. 
 264  See  47  C.  F.  R.    80.  373(  f). 
 265  See  47  C.  F.  R.    80.  871(  d). 
 266  See  47  C.  F.  R.    80.  933. 
 267  Compare  47  C.  F.  R.    80.  905  with  47  C.  F.  R.    80.  933(  c). 
 268  See  47  C.  F.  R.    80.  933(  d). 
 269  See  para.  5,  supra. 
 270  See  47  C.  F.  R.    80.  1065. 
 271  Specifically,  we  delete  Section  80.  1065(  a)  and  delete  all  paragraphs  in  Section  80.  1065(  b)  other  than  the 
 introductory  paragraph.  272 
 We  remind  fishing  vessel  operators  that  the  exemption  is  available  only  for  vessels  that  remain  within  the  specified  communications  ranges,  and  that  vessels  that,  for  example,  travel  in  Sea  Area  A3,  outside  such  range  and 


 generally  more  than  one  hundred  nautical  miles  from  shore,  are  not  permitted  to  avail  themselves  of  the  exemption.  Such  vessels,  therefore,  must  be  fitted  with  the  full  complement  of  required  GMDSS  equipment  in  the  absence  of  an 
 individual  exemption.  273 
 See  47  C.  F.  R.    80.  1071(  c);  see  also  Waiver  of  Certain  Global  Maritime  Distress  and  Safety  System  (GMDSS)  Rules  Applicable  to  Fishing  Vessels  and  Small  Passenger  Vessels,  Order,  14  FCC  Rcd  528,  534    11  (1998);  Report 


 and  Order,  17  FCC  Rcd  at  6748    10  n.  26  (emphasizing  that  this  exemption  relieves  the  subject  fishing  vessels  only  (continued....) 
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 as  a  condition  of  the  exemption,  that  the  subject  fishing  vessels  carry,  among  other  things,  a  VHF  radiotelephone  installation  meeting  the  requirements  of  Section  80.  1101(  c)(  2)  and  an  MF  or  HF 
 radiotelephone  installation  meeting  the  requirements  of  Section  80.  1101(  c)(  3)  and  (4).  274  However,  the  cross-  referenced  provisions  of  Section  80.1101(  c)  incorporate  by  reference  international  standards  that 
 mandate  DSC  capability.  275  As  currently  crafted,  then,  the  rules  mandate  that  the  subject  fishing  vessels  carry  DSC  equipment  in  order  to  be  relieved  of  the  requirement  to  carry  such  equipment.  We  correct  this 
 anomaly  by  removing  the  cross-  references  to  Sections  80.1101(  c)(  2)-(  4). 
 64.  GMDSS  Radio  Operator  Requirements.  Section  80.1073(  a)  of  the  Commissions  Rules  requires  vessels  subject  to  the  GMDSS  requirements  to  carry  at  least  two  persons  holding  GMDSS  Radio 


 Operators  Licenses.  276  It  cross-  references  two  rules  in  Part  13,  Sections  13.2  and  13.21,  that  no  longer  exist.  277  We  amend  Section  80.  1073(  a)  by  inserting  the  appropriate  cross-  references,  to  Sections  13.7  and 
 13.203,  respectively.  278 
 65.  Survival  Craft  Equipment.  Section  80.1095  of  the  Commissions  Rules  sets  forth  the  requirements  for  survival  craft  equipment  applicable  to  GMDSS-  participating  vessels.  279  The  last 


 sentence  of  Section  80.  1095(  a)  grandfathers  some  non-  compliant  two-  way  VHF  radiotelephone  equipment  until  February  1,  1999.  280  Given  the  length  of  time  that  has  passed  since  February  1,  1999,  we 
 delete  the  last  sentence  of  Section  80.1095(  a)  as  obsolete. 
 66.  References  to  Type  Acceptance.  Several  Part  80  rules  still  refer  to  type  acceptance  of  equipment.  However,  the  equipment  authorization  process  formerly  known  as  type  acceptance  was 


 combined  with  the  equipment  authorization  process  known  as  certification  in  1998,  with  the  combined  process  termed  certification.  281  Accordingly,  we  replace  all  obsolete  Part  80  references  to  type 
 acceptance  with  references  to  certification.  282 
 67.  INMARSAT-  E  EPIRBs.  Among  the  rule  amendments  adopted  by  the  Commission  in  the 


 (...  continued  from  previous  page)  of  the  requirements  to  carry  VHF-  DSC  and  MF-  DSC  equipment  and  does  not  relieve  them  of  any  other  applicable 
 GMDSS  requirements  concerning,  for  example,  reserve  power,  VHF  handheld  radios,  MF/  HF  radiotelephone,  INMARSAT-  C  equipment,  and  satellite  or  HF-  DSC  equipment). 
 274  See  47  C.  F.  R.    80.  1071(  c)(  1)(  i)-(  ii). 
 275  See  47  C.  F.  R.    80.  1101(  c)(  2)-(  4). 
 276  See  47  C.  F.  R.    80.  1073(  a). 
 277  Sections  13.  2  and  13.  21  were  removed  when  Part  13  was  reorganized  in  its  entirety  in  1993.  See  Amendment  of 
 Part  13  of  the  Commissions  Rules  to  Privatize  the  Administration  of  Examinations  for  Commercial  Operator  Licenses  and  to  Clarify  Certain  Rules,  Report  and  Order,  FO  Docket  No.  92-  206,  8  FCC  Rcd  1046  (1993). 


 278  See  47  C.  F.  R.    13.  7,  13.  203. 
 279  See  47  C.  F.  R.    80.  1095. 
 280  See  47  C.  F.  R.    80.  1095(  a).  The  grandfathering  protection  extended  to  two-  way  VHF  radiotelephone  equipment 
 that  was  provided  on  board  ships  prior  to  February  1,  1992,  provided  that  such  equipment  was  compatible  with  equipment  compliant  with  the  GMDSS  requirements. 


 281  See  Amendment  of  Parts  2,  15,  18  and  Other  Parts  of  the  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,  11419-  20    10  (1998). 


 282  Specifically,  we  amend  47  C.  F.  R.    80.  123(  d),  80.  203(  n),  80.  271(  e),  80.1083(  d).  Other  references  to  type 
 acceptance,  such  as  that  in  47  C.  F.  R.    80.123(  a),  are  not  changed  because  the  context  makes  clear  that  the  reference  is  to  an  equipment  approval  process  used  years  ago. 
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 Second  Report  and  Order  were  several  authorizing  the  use  of  INMARSAT-  E  EPIRBs.  283  Although  no  party  has  filed  a  petition  for  reconsideration  of  the  Second  Report  and  Order,  there  is  a  need  to  revisit  the 
 question  of  whether  INMARSAT-  E  EPIRBs  should  be  authorized,  because,  as  more  fully  discussed  in  the  Third  Further  Notice,  Inmarsat  has  announced  that  it  will  cease  providing  service  to  such  EPIRBs  on 
 December  1,  2006.  Given  the  prospective  cessation  of  INMARSAT-  E  EPIRB  service,  we  propose  in  the  Third  Further  Notice  to  add  a  sunset  date  of  December  1,  2006  to  Section  80.1063  and  to  the  other  Part 
 80  provisions  authorizing  the  use  of  INMARSAT-  E  EPIRBs.  284  We  are  not  making  these  changes  immediately  in  order  to  allow  notice  and  comment  before  terminating  the  authorization  of  INMARSAT-  E 
 EPIRBs,  but  in  the  interim  we  strongly  discourage  vessel  operators  from  installing  new  INMARSAT-  E  EPIRBs,  given  their  imminent  obsolescence.  We  are  adding  a  note  to  the  rules  authorizing  INMARSAT-E 
 EPIRBs  to  advise  persons  of  the  scheduled  termination  of  INMARSAT-  E  EPIRB  service.  285  In  addition,  we  caution  any  parties  that  may  seek  Commission  certification  of  INMARSAT-  E  EPIRBS  that 
 the  Commission  will  closely  scrutinize  any  such  applications,  and  may  condition,  limit,  or  even  deny  any  such  applications  if  necessary  to  ensure  that  mariners  do  not  rely  on  such  devices  for  their  safety  after 
 December  1,  2006. 
 V.  THIRD  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 A.  INMARSAT-  E  Earth  Stations 
 68.  As  noted  above,  after  the  release  of  the  Second  Report  and  Order,  Inmarsat  informed  the  International  Mobile  Satellite  Organization,  a  unit  of  the  IMO,  that  it  had  decided  to  cease  providing 


 INMARSAT-  E  EPIRB  service  as  of  December  1,  2006.  286  In  light  of  this  development,  the  Coast  Guard  and  NTIA  have  recommended  287  that  we  revisit  the  rules  adopted  in  the  Second  Report  and  Order 
 authorizing  INMARSAT-  E  EPIRBs.  288  We  agree  that  there  is  a  need  to  revisit  the  rules  authorizing  INMARSAT-  E  EPIRBs  in  light  of  this  intervening  development,  and  we  accordingly  propose  to  amend 
 the  relevant  Part  80  Rules  to  prohibit  any  further  certification,  manufacture,  importation,  or  installation  of  INMARSAT-  E  EPIRBs,  and  to  permit  continued  use  of  deployed  INMARSAT-  E  EPIRBs  only  until 


 283  See  Second  Report  and  Order,  19  FCC  Rcd  at  3137-  38    30-  31.  EPIRBs  are  small,  battery  powered  transmitters 
 carried  on  ships  for  the  purpose  of  sending  a  distress  signal  in  an  emergency.  The  requirements  for  INMARSAT-  E  EPIRBs  currently  are  set  forth  in  Section  80.  1063  of  the  Commissions  Rules,  47  C.  F.  R.    80.  1063. 


 284  See  para.  68,  infra. 
 285  Since  this  note  is  for  purely  informational  purposes,  and  does  not  change  the  rule  or  modify  any  substantive 
 requirement,  there  is  no  impediment  to  adding  the  note  immediately,  without  further  public  notice  or  comment.  See  5  U.  S.  C.    553.  Relatedly,  we  also  make  a  nonsubstantive  change  to  Section  80.  1051  of  the  Commissions  Rules, 


 47  C.  F.  R.    80.1051,  so  that  the  rule  simply  states  that  subpart  V  of  Part  80  describes  the  technical  and  performance  requirements  for  EPIRB  stations,  instead  of  listing  the  particular  classes  of  EPIRB  stations  covered  by 
 subpart  V.  Among  other  things,  this  will  obviate  the  need  to  amend  the  rule  in  the  future  every  time  a  new  class  of  EPIRB  is  authorized  or  is  removed  from  subpart  V. 
 286  See  IMO  MSC  79/  22/  7,  GMDSS    Future  viability  of  the  L-  band  EPIRB  system  (Sept.  16,  2004).  Inmarsat 
 indicated  that  after  almost  eight  years  of  one  hundred  percent  operational  availability,  fewer  than  one  hundred  INMARSAT-  E  EPIRBs  had  been  fitted  on  SOLAS  ships.  Id.  at  para.  5.  Inmarsat  also  committed  to  provide  all 


 existing  users  of  the  L-  band  EPIRBs  with  replacement  406.0-  406.1  MHz  EPIRBs,  with  GPS  capability,  free  of  charge.  Id.  at  para.  13. 
 287  See  Memorandum  dated  Nov.  17,  2004,  from  Joseph  D.  Hersey,  Jr.,  USCG,  to  Executive  Secretary,  IRAC 
 [Interdepartmental  Radio  Advisory  Committee],  and  Letter  dated  Dec.  7,  2004,  from  Frederick  R.  Wentland,  Associate  Administrator,  Office  of  Spectrum  Management,  NTIA,  to  Marlene  H.  Dortch,  Secretary,  FCC,  both 


 submitted  under  cover  of  Letter  dated  Dec.  7,  2004,  from  Kathy  D.  Smith,  Chief  Counsel,  NTIA,  to  Marlene  H.  Dortch,  Secretary,  FCC. 
 288  See  Second  Report  and  Order,  19  FCC  Rcd  at  3137    30. 
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 December  1,  2006.  Interested  parties  are  asked  to  comment  on  this  proposal. 
 B.  GPS  Requirement  for  VHF-  DSC  Handheld  Equipment 
 69.  The  Coast  Guard  recommends  that  VHF  handheld  radios  fitted  with  DSC  include  an  integral  GPS  capability,  to  ensure  that  distress  calls  to  the  Coast  Guard  include  accurate  location 


 information.  289  The  Coast  Guard  says  that  the  inclusion  of  accurate  location  information  with  distress  calls  is  vital  to  the  rapid  rescue  of  persons  in  distress.  290  In  addition,  the  Coast  Guard  observes  that 
 connecting  a  VHF  handheld  unit  to  an  external  GPS  unit  is  not  always  practical,  but  that  the  cost  of  including  integral  GPS  capability  in  a  VHF  handheld  radio  has  become  very  low,  and  the  GPS  antenna-fitting 
 problems  inherent  in  a  fixed  GPS  unit  do  not  exist  with  a  handheld  unit.  291  In  fact,  the  Coast  Guard  adds,  DSC-  equipped  handhelds  with  an  integral  GPS  are  now  on  the  market  at  competitive 
 prices.  292 
 70.  We  invite  comment  on  this  Coast  Guard  recommendation  to  require  that  VHF-  DSC  handheld  equipment  include  GPS  capability.  We  request  that  commenters  address  both  the  potential 


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


 C.  Carriage  Requirements  for  Small  Passenger  Vessels 
 71.  In  the  Third  Report  and  Order,  supra,  we  have  extended  the  Section  80.  917  requirement  for  a  reserve  power  supply  to  additional  classes  of  small  passenger  vessels,  but  determined  that,  on  the 


 basis  of  the  existing  record,  the  reserve  power  supply  requirement  should  not  be  imposed  on  all  small  passenger  vessels.  294  Pursuant  to  Section  80.917,  as  amended  herein,  the  reserve  power  supply 
 requirement  does  not  apply  to  small  passenger  vessels  of  less  than  one  hundred  gross  tons  that  carry  no  more  than  150  passengers,  have  overnight  accommodations  for  no  more  than  forty-  nine  persons,  do  not 
 operate  on  the  high  seas,  and  do  not  operate  more  than  three  miles  from  shore  on  Great  Lakes  voyages.  Such  vessels  were  exempted  from  the  reserve  power  supply  requirement  based  on  the  conclusion, 
 endorsed  by  the  Coast  Guard,  that  the  requirement  should  be  imposed  only  on  those  vessels  for  which  the  safety  benefits  would  be  commensurate  with  the  compliance  costs.  There  is  little  question,  however,  that 
 the  safety  of  all  small  passenger  vessels  would  be  enhanced  by  having  a  reserve  power  supply  or  at  least  some  other  means  of  maintaining  communications  with  search  and  rescue  personnel  in  the  event  of  an  at-sea 
 incident  which  results  in  disruption  of  the  vessels  main  power  source.  Accordingly,  we  request  comment  on  whether  we  should  impose  a  requirement  for  carriage  of  at  least  one  VHF  handheld  marine 


 289  See  USCG  Comments  at  1. 
 290  Id. 
 291  Id.  at  1-  2. 
 292  Id.  at  2. 
 293  With  respect  to  the  safety  benefits  of  the  proposed  requirement,  we  encourage  commenters  to  provide 
 information  on  the  frequency  with  which  DSC  distress  calls  currently  are  transmitted  with  incorrect  geographic  coordinates,  and  the  impact  that  such  inaccuracies  have  on  search  and  rescue  operations. 


 294  See  paras.  34-  39,  supra. 
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 radio  transceiver  on  any  small  passenger  vessel  that  does  not  have  a  reserve  power  source.  Our  understanding  is  that  such  devices  are  available  for  under  fifty  dollars  at  retail,  and  so  should  impose  a 
 significantly  less  onerous  financial  burden  on  small  passenger  vessel  owners  and  operators  than  installation  and  maintenance  of  reserve  power  supply.  295  We  ask  that  commenters  address  the  safety 
 benefits  and  economic  costs  of  imposing  this  requirement.  Commenters  may  also  suggest  alternatives  to  mandatory  carriage  of  a  VHF  handheld  radio  transceiver  that  would  meet  the  objective  of  ensuring  that 
 the  ability  of  any  small  passenger  vessel  to  communicate  with  search  and  rescue  personnel  could  survive  a  disruption  of  the  vessels  main  power. 


 D.  Ship  Station  Facsimile  Frequencies/  Transmission  of  Data  on  Voice  Channels 
 72.  In  the  Third  Report  and  Order,  supra,  we  decline  to  adopt  a  Globe  Wireless  recommendation  to  amend  Section  80.  363  of  the  Rules  296  to  address  a  perceived  need  for  additional 


 spectrum  for  ship  station  facsimile  communications  because  the  existing  record  does  not  support  such  an  amendment.  297  However,  we  now  wish  to  provide  interested  parties  with  another  opportunity  to  consider 
 whether  there  is,  in  fact,  a  need  to  allot  additional  frequencies  for  ship  station  facsimile  use  or  to  otherwise  adopt  measures  to  better  ensure  that  adequate  spectrum  is  available  for  that  purpose. 
 Commenters  should  explain  whether  and  why  they  believe  there  is  an  unmet  demand  by  vessels  for  additional  facsimile  communications  capacity,  assess  whether  there  may  be  an  imbalance  in  the  spectrum 
 resources  available  to  coast  stations  and  ship  stations  for  facsimile  communications,  and  suggest  remedial  measures.  We  ask,  in  particular,  whether  there  are  unused  or  underused  voice  channels  that  might  be 
 made  available  for  ship  facsimile  use.  As  a  further  measure  to  promote  more  efficient  use  of  possibly  unused  or  underused  voice  channels,  and  to  meet  the  growing  need  for  marine  data  communications 
 capabilities  generally,  we  invite  commenters  to  address  whether  the  Commission  should  adopt  rules  permitting  transmission  of  data  over  maritime  VHF  voice  channels.  Commenters  supporting  such  a  rule 
 should,  at  minimum,  address  the  safeguards  that  would  need  to  be  adopted  to  ensure  that  there  is  no  interference  to  voice  communications,  and  that  there  is  not  an  unintended  de  facto  reallocation  of  those 
 channels  from  voice  to  data  communications. 
 E.  Private  Coast  Station  Frequencies 
 73.  Section  80.511  of  the  Commissions  Rules  limits  the  frequencies  that  may  be  assigned  to  private  coast  stations  or  marine  utility  stations.  298  Specifically,  Section  80.511  provides  that,  absent  a 


 showing  of  need,  only  one  port  operation,  one  commercial  and  one  non-  commercial  frequency  will  be  assigned  to  a  private  coast  station  or  marine  utility  station.  299  We  question  whether  the  current  level  of 
 demand  for  private  coast  station  frequencies  warrants  retention  of  this  limitation  of  the  assignment  of 


 295  We  emphasize  that  our  intention  here  is  to  consider  only  the  imposition  of  a  VHF  handheld  radio  carriage 
 requirement  for  small  passenger  vessels  that  are  not  subject  to  the  reserve  power  supply  requirement  set  forth  in  Section  80.  917,  as  amended  herein,  and  do  not  install  a  reserve  power  source  voluntarily.  We  are  not  requesting 


 comment  on  whether  to  relax  the  reserve  power  supply  requirement  for  any  classes  of  small  passenger  vessels,  or  on  whether  to  impose  a  VHF  handheld  radio  carriage  requirement  on  vessels  that  do  have  a  reserve  power  supply. 
 296  See  47  C.  F.  R.    80.  363. 
 297  See  para.  50,  supra. 
 298  See  47  C.  F.  R.    80.  511. 
 299  See  47  C.  F.  R.    80.  511(  a).  The  rule  also  prescribes  what  that  showing  must  consist  of,  effectively  restricting  the 
 possibility  of  acquiring  additional  channels  to  applicants  who  service  vessels  or  who  can  demonstrate  significant  congestion  on  the  assigned  frequency.  See  47  C.  F.  R.    80.  511(  b)-(  c).  In  addition,  Section  80.  373(  b)(  2)(  i)  of  the 


 Commissions  Rules,  47  C.  F.  R.    80.  373(  c)(  2)(  i),  limits  private  coast  stations  to  no  more  than  one  frequency  per  frequency  band. 
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 private  coast  frequencies,  300  particularly  given  that  these  frequencies  are  licensed  on  a  shared,  non-exclusive  basis.  301  We  therefore  request  comment  on  whether  limits  on  the  number  of  frequencies  that 
 can  be  assigned  to  a  private  coast  station  should  be  relaxed  or  eliminated. 
 F.  Radar  Standards 
 74.  Section  80.273  of  the  Commissions  Rules  contains  the  technical  requirements  for  radar  equipment  installed  on  ships.  302  In  its  comments  to  the  Second  Further  Notice,  RTCM  contends  that  this 


 rule  needs  to  be  completely  revised  to  incorporate  by  reference  IMO  and  IEC  radar  standards  that  have  superseded  the  standards  referenced  in  the  current  rule.  303  RTCM  offers  a  specific  proposal  for  rewriting 
 Section  80.273.  304  We  recognize  the  need  to  ensure  that  Section  80.273  is  up  to  date.  In  the  Third  Report  and  Order,  we  accordingly  revise  Section  80.  273  to  incorporate  by  reference  most  of  the  standards 
 recommended  by  RTCM.  305  However,  we  decline  to  immediately  amend  the  rule  to  incorporate  by  reference  the  IEC  performance  standards  and  testing  methods  for  shipborne  radar,  IEC  62252  and  IEC 
 60936,  as  also  proposed  by  RTCM,  because  we  believe  requiring  compliance  with  those  standards  may  impose  significant  new  requirements  for  radar  installations.  We  note,  for  example,  that  adoption  of 
 RTCMs  proposal  in  this  regard  would  impose  carriage  requirements  and  minimum  standards  for  radar  equipment  on  vessels  of  less  than  500  gross  tons.  306  To  date,  however,  the  Commission  has  not  imposed 
 requirements  pertaining  to  radar  equipment  on  such  relatively  small  vessels,  so  adoption  of  RTCMs  proposal  could  impose  a  significant  new  compliance  burden  on  entities  formerly  exempt  from  ship  radar 
 requirements.  In  addition,  it  does  not  appear  that  compliance  with  IEC  62252  and  IEC  60936  is  mandated  internationally.  307  For  these  reasons,  and  given  that  RTCMs  proposal  responds  to  a  very  general  request 
 for  recommendations  on  updating  the  Part  80  references  to  international  standards,  we  believe  the  prudent  course  would  be  to  augment  the  record  with  additional  comment  pertaining  specifically  to  the  question  of 
 whether  the  Commission  should  incorporate  by  reference  IEC  62252  and  IEC  60936.  We  accordingly  invite  interested  parties  to  address  this  issue.  We  ask  that  commenters  consider,  in  particular,  whether 
 mandating  compliance  with  these  IEC  standards  could  impose  significant  additional  costs  or  burdens  on  the  manufacturers  and  users  of  radar  equipment.  Finally,  we  note  that  IMO  Resolution  A.  820(  19), 
 Performance  Standards  for  Navigational  Radar  Equipment  for  High-  Speed  Craft,  (adopted  23  November  1995),  might  also  be  appropriately  incorporated  by  reference  into  the  Part  80  Rules, 
 notwithstanding  that  no  commenter  has  recommended  such  action.  We  therefore  request  that  interested  parties  also  consider  whether  the  Commission  should  also  include  IMO  Resolution  A.  820(  19)  in  Section 


 300  We  note  that  Globe  Wireless  has  suggested  that  the  Commission  re-  evaluate  the  demand  for  private  coast 
 frequencies.  See  n.  223,  supra,  (citing  Globe  Wireless  Comments  at  3).  301 
 See  47  C.  F.  R.    80.  373(  c)(  2)(  i).  302 
 See  47  C.  F.  R.    80.  273.  303 
 RTCM  Comments  at  11-  12.  304 
 Id.  at  12-  14.  RTCM  proposes  the  following  standards  for  inclusion  in  Section  80.  273:  (a)  IMO  Resolution  MSC.  64(  67)  Annex  4,  Recommendation  on  performance  standards  for  radar;  (b)  IEC  60936  part  1  (2000-  08), 


 Shipborne  Radar    Performance  Requirements    Methods  of  testing  and  required  results;  (c)  IEC  60936  part  2  (1998-  10);  (d)  Appendix  S3  of  the  international  Radio  Regulations  and  ITU  SM  1177;  and  (d)  IEC  62252  (2004), 
 Radar  for  craft  not  in  compliance  with  IMO  SOLAS  Chapter  V    Performance  requirements,  methods  of  test  and  required  test  results.  Id.  at  13-  14.  RTCM  also  proposes  additional  requirements  beyond  those  that  are  contained 
 in  the  international  standards.  Id.  at  13  (proposed  Section  80.  273(  c)).  305 
 See  para.  45  &  n.  196,  supra.  306 
 See  RTCM  Comments  at  14.  307 
 It  appears,  for  example,  that  the  only  provision  of  IEC  60936  that  has  been  mandated  by  the  IMO  requires,  in  general  terms,  that  operational  controls  be  accessible  and  easy  to  identify  and  use.  See  IMO  Resolution 


 MSC.  64(  67)  Annex  17  at    3.13.  2  (1996). 
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 80.273  of  the  Rules. 
 G.  Testing  of  GMDSS  Radio  Equipment 
 75.  We  propose  to  add  a  rule  to  Subpart  W  of  Part  80  to  clarify  that  vessels  subject  to  the  Subpart  W  GMDSS  requirements  are  required  to  test  their  radiotelephone  equipment  on  a  daily  basis.  Section 


 80.869,  47  C.  F.  R.    80.869,  imposes  a  daily  testing  requirement,  but  that  Subpart  R  rule,  although  formerly  applicable  to  all  GMDSS  vessels,  is  no  longer  applicable  to  vessels  governed  by  Subpart  W.  308 
 Since  it  was  never  the  Commissions  intention  to  relieve  Subpart  W  GMDSS  vessels  of  the  daily  testing  requirement,  309  we  believe  it  is  appropriate  to  set  forth  that  requirement  in  a  Subpart  W  rule.  We  invite 
 comment  on  this  proposal.  In  the  interim,  we  encourage  the  continued  testing  of  GMDSS  radiotelephone  equipment. 


 VI.  CONCLUSION 
 76.  The  increasing  reliance  on  shipping  to  promote  global  trade,  the  development  and  deployment  of  more  advanced  maritime  communications  technologies,  and  the  heightened  importance  of 


 securing  the  safety  of  vessels  and  ports,  in  the  United  States  and  around  the  world,  underscore  that  it  is  critical  for  the  Commission  to  regularly  review  and  revise  its  Part  80  rules  to  ensure  that  they  continue  to 
 effectively  promote  the  public  interest.  This  Memorandum  Opinion  and  Order,  Third  Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making  represents  the  latest  chapter  in  the  Commissions 
 ongoing  effort  to  fulfill  that  responsibility. 
 VII.  PROCEDURAL  MATTERS 
 A.  Ex  Parte  Rules    Permit-  But-  Disclose  Proceeding 
 77.  This  is  a  permit-  but-  disclose  notice  and  comment  rulemaking  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda  period,  provided  they  are  disclosed  as 


 provided  in  our  Rules.  310 
 B.  Regulatory  Flexibility  Act 
 78.  The  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA)  311  requires  that  a  regulatory  flexibility  analysis  be  prepared  for  rulemaking  proceedings,  unless  the  agency  certifies  that  the  rule  will 


 not  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  312  The  RFA  generally  defines  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization, 
 and  small  governmental  jurisdiction.  313  In  addition,  the  term  small  business  has  the  same  meaning  as 


 308  Section  80.  851,  the  first  rule  codified  in  Subpart  R,  now  specifies  that  [  t]  he  radiotelephone  requirements  of  this 
 subpart  are  applicable  to  all  compulsory  ships  which  are  not  required  to  comply  with  subpart  W  of  this  part  in  total  or  in  part  because  they  have  received  an  exemption  from  all  or  some  of  the  subpart  W  provisions.  See  47  C.  F.  R.   


 80.  851.  309 
 See  Report  and  Order,  17  FCC  Rcd  at  6759    42.  310 
 See  generally  47  C.  F.  R.    1.1202,  1.  1203,  1.  1206(  a). 
 311  The  RFA,  see  5  U.  S.  C.    601-  612,  has  been  amended  by  the  Contract  With  America  Advancement  Act  of  1996, 
 Pub.  L.  No.  104-  121,  110  Stat.  847  (1996)  (CWAAA).  Title  II  of  the  CWAAA  is  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996  (SBREFA). 


 312  5  U.  S.  C.    605(  b). 
 313  5  U.  S.  C.    601(  6). 
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 the  term  small  business  concern  under  the  Small  Business  Act.  314  A  small  business  concern  is  one  which  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3) 
 satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  315 
 79.  In  the  Report  and  Order  in  WT  Docket  No.  00-  48,  the  Commission  certified  that  the  requirements  adopted  therein  would  not  have  a  significant  economic  impact  upon  a  substantial  number  of 


 small  entities,  as  that  term  is  defined  by  the  RFA.  316  The  only  changes  we  make  in  the  instant  Memorandum  Opinion  and  Order  in  response  to  the  petitions  for  reconsideration  of  the  Report  and  Order 
 are  to  clarify  that  applicants  for  a  GMDSS  Radio  Operators  License  do  not  have  to  take  an  Element  1  examination  if  they  have  received  a  Proof  of  Passing  Certificate  (PPC)  based  on  completion  of  a  Coast 
 Guard-  approved  training  course;  clarify  the  requirement  of  ship  radio  station  operators  to  relay  distress  alerts  from  other  ships  that  are  not  promptly  acknowledged  by  a  coast  station;  remove  the  sunset  date  for 
 the  Channel  16  watch  requirement;  relieve  compulsory  vessels  that  have  upgraded  to  MF-  DSC  of  the  requirement  to  maintain  a  watch  on  the  frequency  2182  kHz;  relax  the  requirements  for  station  logs;  and 
 permit  routine  calling  on  DSC  frequencies.  These  changes  either  simply  clarify  or  relax  the  rules,  or  conform  them  to  international  requirements;  they  will  not  impose  any  new  compliance  burdens  nor 
 otherwise  have  a  significant  economic  impact  on  small  entities  Accordingly,  the  Commission  certifies,  pursuant  to  the  RFA,  that  the  clarifications  and  rule  changes  contained  in  the  instant  Memorandum 
 Opinion  and  Order  will  not  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  will  send 
 a  copy  of  the  Memorandum  Opinion  and  Order  in  WT  Docket  No.  00-  48,  including  the  Supplemental  Final  Regulatory  Flexibility  Certification,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business 
 Administration,  in  accordance  with  the  RFA.  317 
 80.  As  required  by  the  RFA,  318  the  Commission  has  prepared  a  Final  Regulatory  Flexibility  Analysis  (FRFA)  of  the  rules  adopted  in  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48.  The 


 FRFA  for  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48  is  contained  in  Appendix  C.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  will  send  a 
 copy  of  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48,  including  the  FRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 


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


 314  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  the  Small  Business 
 Act,  15  U.  S.  C.    632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity 


 for  public  comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register. 
 315  Small  Business  Act,  15  U.  S.  C.    632. 
 316  See  Report  and  Order,  17  FCC  Rcd  at  6791    139. 
 317  5  U.  S.  C.    605. 
 318  Id.    603. 


 319  Id.    603. 
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 D.  Paperwork  Reduction  Act 
 83.  This  document  contains  a  modified  information  collection  requirement  subject  to  the  Paperwork  Reduction  Act  of  1995  (PRA),  Public  Law  104-  13.  321  It  will  be  submitted  to  the  Office  of 


 Management  and  Budget  (OMB)  for  review  under  Section  3507(  d)  of  the  PRA.  OMB,  the  general  public,  and  other  Federal  agencies  are  invited  to  comment  on  the  new  or  modified  information  collection 
 requirements  contained  in  this  proceeding.  In  addition,  we  note  that  pursuant  to  the  Small  Business  Paperwork  Relief  Act  of  2002,  Public  Law  107-  198,  see  44  U.  S.  C.  3506(  c)(  4),  we  previously  sought 
 specific  comment  on  how  the  Commission  might  further  reduce  the  information  collection  burden  for  small  business  concerns  with  fewer  than  25  employees. 


 84.  In  this  present  document,  we  have  assessed  the  effects  of  amending  Section  80.409(  e)  of  the  Commissions  Rules  to  reduce  the  types  of  distress  communications  that  must  be  entered  into  logs  by 
 ship  station  operators,  and  find  that  this  relaxation  of  the  log-  keeping  requirement  will  benefit  businesses  with  fewer  than  25  employees  by  allowing  such  businesses  that  own  or  operate  vessels  to  devote  fewer 
 resources  to  log-  keeping.  Most  significantly,  this  reduction  of  an  existing  information  collection  requirement  will  permit  the  employee  charged  with  making  log  entries  to  devote  more  of  his  or  her  time 
 to  other  tasks  that  will  enhance  the  navigational  safety  of  the  vessel. 
 E.  Congressional  Review  Act 
 85.  The  Commission  will  send  a  copy  of  this  Memorandum  Opinion  and  Order,  Third  Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making  in  a  report  to  be  sent  to  Congress  and  the 


 Government  Accountability  Office  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  801(  a)(  1)(  A). 
 F.  Further  Information 
 86.  For  further  information,  contact  Jeffrey  Tobias,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau,  (202)  418-  1617,  or  TTY  (202)  418-  7233,  or  via 


 electronic  mail  at  jeff.  tobias@  fcc.  gov. 
 87.  To  request  materials  in  accessible  formats  for  people  with  disabilities  (Braille,  large  print,  electronic  files,  audio  format),  send  an  e-  mail  to  fcc504@  fcc.  gov  or  call  the  Consumer  &  Governmental 


 Affairs  Bureau  at  202-  418-  0530  (voice),  202-  418-  0432  (tty).  This  Memorandum  Opinion  and  Order,  Third  Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making  can  also  be  downloaded  at: 
 http://  www.  fcc.  gov/. 
 VIII.  ORDERING  CLAUSES 
 88.  Accordingly,  IT  IS  ORDERED,  pursuant  to  the  authority  of  Sections  4(  i),  303(  r),  and  332(  a)(  2)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  332(  a)(  2),  Parts 


 13  and  80  of  the  Commissions  Rules  ARE  AMENDED  as  set  forth  in  the  attached  Appendix  B,  effective  sixty  days  after  publication  in  the  Federal  Register. 


 89.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  Sections  4(  i),  303(  r),  and  403  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r)  and  403,  this  Memorandum 


 321  Specifically,  in  the  Memorandum  Opinion  and  Order,  we  grant  petitions  for  reconsideration  requesting  that  we 
 relieve  ship  station  operators  of  the  requirement  to  make  log  entries  for  all  distress  communications  received.  That  log-  keeping  requirement,  codified  at  47  C.  F.  R.    80.  409(  e),  has  been  relaxed  so  that  log  entries  are  required  only  for 


 (a)  distress  communications  that  involve  the  stations  own  ship;  (b)  distress  call  acknowledgements  and  other  communications  from  search  and  rescue  authorities;  and  (c)  distress  alerts  relayed  by  the  stations  own  ship.  See 
 para.  19,  supra. 
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 Opinion  and  Order,  Third  Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making  IS  HEREBY  ADOPTED,  and  NOTICE  IS  HEREBY  GIVEN  of  the  proposed  regulatory  changes  described 
 in  the  Third  Further  Notice  of  Proposed  of  Rule  Making. 
 90.  IT  IS  FURTHER  ORDERED  that  the  Petitions  for  Reconsideration  of  the  Report  and  Order  in  WT  Docket  No.  00-  48  filed  by  Kurt  Anderson,  Owen  Anderson,  Ron  Neuman,  the  Radio 


 Technical  Commission  for  Maritime  Services,  and  the  United  States  Coast  Guard  ARE  GRANTED  to  the  extent  provided  herein  and  ARE  DENIED  in  all  other  respects. 


 91.  IT  IS  FURTHER  ORDERED  that  the  late-  filed  comments  and  late-  filed  reply  comments  of  the  United  States  Coast  Guard  in  response  to  the  Second  Further  Notice  of  Proposed  Rule  Making  in 
 WT  Docket  No.  00-  48  ARE  ACCEPTED. 
 92.  IT  IS  FURTHER  ORDERED  that  the  Commissions  Consumer  Information  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Memorandum  Opinion  and  Order,  Third 


 Report  and  Order,  and  Third  Further  Notice  of  Proposed  Rule  Making,  including  the  Supplemental  Final  Regulatory  Flexibility  Certification  for  the  Memorandum  Opinion  and  Order  in  WT  Docket  No.  00-  48, 
 the  Final  Regulatory  Flexibility  Analysis  for  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48,  and  the  Initial  Regulatory  Flexibility  Analysis  for  the  Third  Further  Notice  of  Proposed  Rule  Making  in  WT 
 Docket  No.  00-  48,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 
 93.  IT  IS  FURTHER  ORDERED  that  the  PR  Docket  No.  92-  257  rulemaking  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 
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 APPENDIX  A 
 Commenting  Parties 


 Comments 
 Any  La  Varre  (La  Varre)  MariTEL,  Inc.  (MariTEL) 


 National  GMDSS  Task  Force  (Task  Force)  North  Pacific  Marine  Radio  Council  (NPMRC) 
 Passenger  Vessel  Association  (PVA)  Radio  Technical  Commission  for  Maritime  Services  (RTCM) 
 United  States  Coast  Guard  (USCG)  322 
 Reply  Comments 
 Inmarsat  Ventures  Limited  (Inmarsat)  MariTEL 


 NPMRC  USCG 


 Ex  Parte  Presentations 
 National  Marine  Charter  Association  (NMCA) 


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


 Chapter  I  of  Title  47  of  the  Code  of  Federal  Regulations,  Parts  13  and  80,  is  amended  as  follows: 
 I.  PART  13  --  COMMERCIAL  RADIO  OPERATORS 
 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)  and  adding  paragraph  (b)(  11)  to  read  as  follows: 


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


 *  *  *  *  * 
 (11)  GMDSS  Radio  Operator/  Maintainer  License  (general  operators  certificate/  technical  portion  of  the  first-  class  radio  electronic  certificate). 


 *  *  *  *  * 
 3.  Section  13.13  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   13.13  Application  for  a  renewed  or  modified  license. 
 (a)  Each  application  to  renew  a  First  Class  Radiotelegraph  Operator's  Certificate,  Second  Class  Radiotelegraph  Operator's  Certificate,  or  Third  Class  Radiotelegraph  Operator's  Certificate  must  be  made 


 on  FCC  Form  605.  The  application  must  be  accompanied  by  the  appropriate  fee  and  submitted  in  accordance  with  1.913  of  this  chapter. 


 *  *  *  *  * 
 4.  Section  13.15  is  revised  to  read  as  follows: 
   13.15  License  term. 


 (a)  First  Class  Radiotelegraph  Operators  Certificates,  Second  Class  Radiotelegraph  Operators  Certificates,  and  Third  Class  Radiotelegraph  Operators  Certificates  are  normally  valid  for  a  term  of  five 
 years  from  the  date  of  issuance. 
 (b)  General  Radiotelephone  Operator  Licenses,  Restricted  Radiotelephone  Operator  Permits,  Restricted  Radiotelephone  Operator  Permits-  Limited  Use,  GMDSS  Radio  Operators  Licenses,  Restricted 


 GMDSS  Radio  Operators  Licenses,  GMDSS  Radio  Maintainers  Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits  are  normally  valid  for  the  lifetime  of  the  holder. 
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 5.  Section  13.203  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   13.203  Examination  elements. 
 (a)  A  written  examination  (written  Element)  must  prove  that  the  examinee  possesses  the  operational  and  technical  qualifications  to  perform  the  duties  required  by  a  person  holding  that  class  of 


 commercial  radio  operator  license.  For  each  Element,  the  Commission  shall  establish  through  public  notices  or  other  appropriate  means  the  number  of  questions  to  be  included  in  the  question  pool,  the 
 number  of  questions  to  be  included  in  the  examination,  and  the  number  of  questions  that  must  be  answered  correctly  to  pass  the  examination.  Each  written  examination  must  consist  of  questions  relating 
 to  the  pertinent  subject  matter,  as  follows: 
 (1)  Element  1  (formerly  Elements  1  and  2):  Basic  radio  law  and  operating  practice  with  which  every  maritime  radio  operator  should  be  familiar.  Questions  concerning  provisions  of  laws,  treaties, 


 regulations,  and  operating  procedures  and  practices  generally  followed  or  required  in  communicating  by  means  of  radiotelephone  stations. 


 (2)  Element  3:  General  radiotelephone.  Questions  concerning  electronic  fundamentals  and  techniques  required  to  adjust,  repair,  and  maintain  radio  transmitters  and  receivers  at  stations  licensed  by 
 the  FCC  in  the  aviation,  maritime,  and  international  fixed  public  radio  services. 
 (3)  Element  5:  Radiotelegraph  operating  practice.  Questions  concerning  radio  operating  procedures  and  practices  generally  followed  or  required  in  communicating  by  means  of  radiotelegraph 


 stations  primarily  other  than  in  the  maritime  mobile  services  of  public  correspondence. 
 (4)  Element  6:  Advanced  radiotelegraph.  Questions  concerning  technical,  legal  and  other  matters  applicable  to  the  operation  of  all  classes  of  radiotelegraph  stations,  including  operating  procedures 


 and  practices  in  the  maritime  mobile  services  of  public  correspondence,  and  associated  matters  such  as  radio  navigational  aids,  message  traffic  routing  and  accounting,  etc. 


 (5)  Element  7:  GMDSS  radio  operating  practices.  Questions  concerning  GMDSS  radio  operating  procedures  and  practices  sufficient  to  show  detailed  practical  knowledge  of  the  operation  of  all 
 GMDSS  sub-  systems  and  equipment;  ability  to  send  and  receive  correctly  by  radiotelephone  and  narrow-band  direct-  printing  telegraphy;  detailed  knowledge  of  the  regulations  applying  to  radio  communications, 
 knowledge  of  the  documents  relating  to  charges  for  radio  communications  and  knowledge  of  those  provisions  of  the  International  Convention  for  the  Safety  of  Life  at  Sea  which  relate  to  radio;  sufficient 
 knowledge  of  English  to  be  able  to  express  oneself  satisfactorily  both  orally  and  in  writing;  knowledge  of  and  ability  to  perform  each  function  listed  in  80.1081;  and  knowledge  covering  the  requirements  set 
 forth  in  IMO  Assembly  Resolution  on  Training  for  Radio  Personnel  (GMDSS),  Annex  3. 
 (6)  Element  7R:  Restricted  GMDSS  radio  operating  practices.  Questions  concerning  those  GMDSS  radio  operating  procedures  and  practices  that  are  applicable  to  ship  stations  on  vessels  that  sail 


 exclusively  in  sea  area  A1,  as  defined  in  80.1069  of  this  chapter,  sufficient  to  show  detailed  practical  knowledge  of  the  operation  of  pertinent  GMDSS  sub-  systems  and  equipment;  ability  to  send  and  receive 
 correctly  by  radio  telephone  and  narrow-  band  direct-  printing  telegraphy;  detailed  knowledge  of  the  regulations  governing  radio  communications  within  sea  area  A1,  knowledge  of  the  pertinent  documents 
 relating  to  charges  for  radio  communications  and  knowledge  of  the  pertinent  provisions  of  the  International  Convention  for  the  Safety  of  Life  at  Sea;  sufficient  knowledge  of  English  to  be  able  to 
 express  oneself  satisfactorily  both  orally  and  in  writing;  knowledge  of  and  ability  to  perform  each  pertinent  function  listed  in  80.1081;  and  knowledge  covering  the  pertinent  requirements  set  forth  in  IMO 
 Assembly  Resolution  on  Training  for  Radio  Personnel  (GMDSS),  Annex  3. 
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 (7)  Element  8:  Ship  radar  techniques.  Questions  concerning  specialized  theory  and  practice  applicable  to  the  proper  installation,  servicing  and  maintenance  of  ship  radar  equipment  in  general  use  for 
 marine  navigational  purposes. 
 (8)  Element  9:  GMDSS  radio  maintenance  practices  and  procedures.  Questions  concerning  the  requirements  set  forth  in  IMO  Assembly  on  Training  for  Radio  Personnel  (GMDSS),  Annex  5  and  IMO 


 Assembly  on  Radio  Maintenance  Guidelines  for  the  Global  Maritime  Distress  and  Safety  System  related  to  Sea  Areas  A3  and  A4. 


 *  *  *  *  * 
 6.  Section  13.215  is  revised  to  read  as  follows: 
   13.215  Question  pools. 


 The  question  pool  for  each  written  examination  element  will  be  composed  of  questions  acceptable  to  the  FCC.  Each  question  pool  must  contain  at  least  five  (5)  times  the  number  of  questions 


 required  for  a  single  examination.  The  FCC  will  issue  public  announcements  detailing  the  questions  in  the  pool  for  each  element.  COLEMs  must  use  only  currently-  authorized  (through  public  notice  or  other 
 appropriate  means)  question  pools  when  preparing  a  question  set  for  a  written  examination  element. 


 II.  PART  80  --  STATIONS  IN  THE  MARITIME  SERVICES 
 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  revising  the  definition  of  Digital  selective  calling  (DSC)  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  11,  Digital  Selective-  calling  System  for  Use 
 in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004,  and  ITU-  R  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with 
 Annexes,  2004.  (see  subpart  W  of  this  part.)  ITU-  R  Recommendations  M.  493  11  with  Annexes  1  and  2  and  M.  541  9  with  Annexes  are  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves 
 this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW., 
 Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R  Recommendations  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des 
 Nations,  CH  1211  Geneva  20,  Switzerland. 
 *  *  *  *  * 
 3.  Section  80.15  is  amended  by  removing  paragraph  (d)(  4)  and  revising  paragraph  (e)(  2)  to  read  as  follows: 


   80.15  Eligibility  for  station  license. 
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 *  *  *  *  * 
 (e)  *  *  *  *  * 
 (2)  A  406.  0  406.1  MHz  EPIRB  may  be  used  by  any  ship  required  by  U.  S.  Coast  Guard  regulations  to  carry  an  EPIRB  or  by  any  ship  that  is  equipped  with  a  VHF  ship  radio  station.  An 


 INMARSAT  E  EPIRB  may  be  used  by  any  ship  required  by  U.  S.  Coast  Guard  regulations  to  carry  an  EPIRB  or  by  any  ship  that  is  equipped  with  a  VHF  radio  station,  provided  that  the  ship  is  not  operating  in 
 sea  area  A4  as  defined  in    80.1069(  a)(  4).  NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E 
 EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center. 
 4.  Section  80.43  is  revised  to  read  as  follows: 
   80.43  Equipment  acceptable  for  licensing. 
 Transmitters  listed  in  80.203  must  be  authorized  for  a  particular  use  by  the  Commission  based  upon  technical  requirements  contained  in  subparts  E  and  F  of  this  part,  except  for  transmitters  that  are 


 used  on  vessels  in  the  Maritime  Security  Fleet  and  are  deemed  to  satisfy  all  Commission  equipment  certification  requirements  pursuant  to  Section  53108(  c)  of  Title  46  of  the  United  States  Code. 


 5.  Section  80.51  is  revised  to  read  as  follows: 
   80.51  Ship  earth  station  licensing. 
 A  ship  earth  station  must  display  the  Commission  license. 
 6.  Section  80.57  is  amended  by  removing  paragraph  (d)(  5),  (d)(  5)(  i),  and  (d)(  5)(  ii),  and  redesignating  paragraph  (d)(  6)  as  (d)(  5). 


 7.  Section  80.103  is  amended  by  revising  paragraphs  (a),  (c),  and  (e)  to  read  as  follows: 
   80.103  Digital  selective  calling  (DSC)  operating  procedures. 
 (a)  Operating  procedures  for  the  use  of  DSC  equipment  in  the  maritime  mobile  service  are  as  contained  in  ITU-  R  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling 


 Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004,  and  subpart  W  of  this  part. 
 *  *  * 
 (c)  DSC  acknowledgement  of  DSC  distress  and  safety  calls  must  be  made  by  designated  coast  stations  and  such  acknowledgement  must  be  in  accordance  with  procedures  contained  in  ITU-  R  M.  541  9, 


 Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004.  Nondesignated  public  and  private  coast  stations  must  follow  the  guidance 
 provided  for  ship  stations  in  ITU-  R  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004,  with  respect  to  DSC 
 Acknowledgement  of  distress  calls  and  Distress  relays.  (See  subpart  W  of  this  part.) 
 *  *  * 
 (e)  ITU-  R  M.  541  9  with  Annexes,  2004,  is  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR 


 Part  51.  Copies  of  this  standard  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records 
 Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to:  http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html. 
 The  ITU-  R  Recommendation  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des  Nations,  CH  1211  Geneva  20,  Switzerland. 


 *  *  *  *  * 
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 8.  Section  80.123  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 
   80.123  Service  to  stations  on  land. 
 *  *  *  *  * 
 (d)  Radio  equipment  used  on  land  must  be  certified  for  use  under  part  22,  part  80,  or  part  90  of  this  chapter.  Such  equipment  must  operate  only  on  the  public  correspondence  channels  authorized  for  use 


 by  the  associated  public  coast  station; 
 *  *  *  *  * 
 9.  Section  80.148  is  amended  by  revising  the  introductory  paragraph  to  read  as  follows: 
   80.148  Watch  on  156.  8  MHz  (Channel  16). 
 Each  compulsory  vessel,  while  underway,  must  maintain  a  watch  for  radiotelephone  distress  calls  on  156.800  MHz  whenever  such  station  is  not  being  used  for  exchanging  communications.  For  GMDSS 


 ships,  156.525  MHz  is  the  calling  frequency  for  distress,  safety,  and  general  communications  using  digital  selective  calling  and  the  watch  on  156.800  MHz  is  provided  so  that  ships  not  fitted  with  DSC  will  be  able 
 to  call  GMDSS  ships,  thus  providing  a  link  between  GMDSS  and  non-  GMDSS  compliant  ships.  The  watch  on  156.  800  MHz  is  not  required: 


 *  *  *  *  * 
 10.  Section  80.179  is  amended  by  revising  paragraph  (e)(  1)  to  read  as  follows: 
   80.179  Unattended  operation. 
 *  *  *  *  * 
 (e)  *  *  *  *  * 
 (1)  The  equipment  must  be  using  DSC  in  accordance  with  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004, 


 and  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004,  as  modified  by  this  section.  ITU-  R 
 Recommendations  M.  493  11  with  Annexes  1  and  2  and  M.  541  9  with  Annexes  are  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance 
 with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or 
 at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R  Recommendations  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des 
 Nations,  CH  1211  Geneva  20,  Switzerland. 
 *  *  *  *  * 
 11.  Section  80.203  is  amended  by  revising  paragraphs  (b)(  3),  (h),  and  (n),  redesignating  paragraph  (b)(  4)  as  (b)(  5),  and  adding  new  paragraph  (b)(  4)  to  read  as  follows: 


   80.203  Authorization  of  transmitters  for  licensing. 
 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (3)  Except  as  provided  in  paragraph  (b)(  4)  of  this  section,  programming  of  authorized  channels  must  be  performed  only  by  a  person  holding  a  first  or  second  class  radiotelegraph  operator's  certificate  or 


 a  general  radiotelephone  operator's  license  using  any  of  the  following  procedures: 
 (i)  Internal  adjustment  of  the  transmitter; 
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 (ii)  Use  of  controls  normally  inaccessible  to  the  station  operator; 
 (iii)  Use  of  external  devices  or  equipment  modules  made  available  only  to  service  and  maintenance  personnel  through  a  service  company;  and 


 (iv)  Copying  of  a  channel  selection  program  directly  from  another  transmitter  (cloning)  using  devices  and  procedures  made  available  only  to  service  and  maintenance  personnel  through  a  service 
 company. 
 (4)  Notwithstanding  paragraph  (b)(  3)  of  this  section,  authorized  channels  may  be  programmed  via  computerized  remote  control  by  any  person,  provided  that  the  remote  control  operation  is  designed  to 


 preclude  the  programming  of  channels  not  authorized  to  the  licensee. 
 *  *  *  *  * 
 (h)  In  addition  to  the  certification  requirements  contained  in  part  2  of  this  chapter,  applicants  for  certification  of  406.0-  406.1  MHz  radiobeacons  must  also  comply  with  the  certification  procedures 


 contained  in  80.1061  of  this  part. 
 *  *  *  *  * 
 (n)  Applications  for  certification  of  all  marine  radio  transmitters  operating  in  the  2-  27.5  MHz  band  or  the  156-  162  MHz  band  received  on  or  after  June  17,  1999,  must  have  a  DSC  capability  in 


 accordance  with  80.225.  This  requirement  does  not  apply  to  transmitters  used  with  AMTS  or  hand-  held  portable  transmitters. 


 *  *  *  *  * 
 12.  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: 
 100-  160  kHz................................................... 
 405-  525  kHz................................................... 
 1615-  27500  kHz: 
 Manual  15,  16,  17  .............................................. 
 DSC  6  ........................................................... 
 NB-  DP  14,  16  ................................................... 
 Facsimile...................................................... 
 156-  162  MHz  2  ................................................. 
 DSC.............................................................. 
 216-  220  MHz  3  ................................................. 


 A1A 
 A1A,  J2A 


 A1A,  J2A,  J2B,  J2D 
 F1B,  J2B 
 F1B,  J2B,  J2D 
 F1C,  F3C,  J2C,  J3C 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D 
 G2B 
 F1B,  F2B,  F2C,  F3C 
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 1626.5-  1646.5  MHz............ 
 Radiotelephony: 
 1615-  27500  kHz  16  ........................................ 
 27.5-  470  MHz  6  ................................................ 
 1626.5-  1646.5  MHz........................................ 
 Radiodetermination: 
 285-  325  kHz  7  ................. 
 405-  525  kHz  (Direction  Finding)  8  .. 
 154-  459  MHz:  12  ............................................. 
 2.4-  9.5  GHz.................................................... 


 (  4  ) 
 H3E,  J2D,  J3E,  R3E 
 G3D,  G3E 
 (  4  ) 


 A1A,  A2A 
 A3N,  H3N,  J3N,  NON 
 A1D,  A2D,  F1D,  F2D,  G1D,  G2D 
 PON 


 Land  Stations  1 
 Radiotelegraphy: 
 100-  160  kHz................................................... 
 405-  525  kHz................................................... 
 1605-  2850  kHz: 
 Manual......................................................... 
 Facsimile..................................................... 
 Alaska  Fixed............................................... 
 4000-  27500  kHz: 
 Manual  16  ...................................................... 
 DSC  18  ........................................................... 
 NB-  DP  14,  18  ................................................... 
 Facsimile...................................................... 
 Alaska  Fixed  17,  18  ......................................... 
 72-  76  MHz...................................................... 
 156-  162  MHz  2,  20  ............................................. 
 DSC.............................................................. 
 216-  220  MHz  3  ................................................. 
 Radiotelephony: 
 1615-  27500  kHz  18,  19  ....................................... 
 72-  76  MHz...................................................... 
 156-  470  MHz.................... 
 Radiodetermination: 


 A1A 
 A1A,  J2A 


 A1A,  J2A 
 F1C,  F3C,  J2C,  J3C 
 A1A,  J2A 


 A1A,  J2A,  J2B,  J2D 
 F1B,  J2B 
 F1B,  J2B,  J2D 
 F1C,  F3C,  J2C,  J3C 
 A1A,  A2A,  F1B,  F2B,  J2B,  J2D 
 A1A,  A2A,  F1B,  F2B 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D 
 G2B 
 F1B,  F2B,  F2C,  F3C 


 H3E,  J3E,  R3E 
 A3E,  F3E,  G3E 
 G3E 
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 2.4-  9.6  GHz.................... 
 Distress,  Urgency  and  Safety  8,  9 
 2182  kHz  10,  11  .................................................. 
 121.500  MHz.................................................. 
 123.100  MHz.................................................. 
 156.  750  and  156.800  MHz  13  ........................... 
 243.000  MHz.................................................. 
 406.0-  406.1  MHz........................................... 


 PON 
 A2B,  A3B,  H2B,  H3E,  J2B,  J3E 
 A3E,  A3X,  N0N 
 A3E 
 G3E,  G3N 
 A3E,  A3X,  N0N 
 G1D 


 1  Excludes  distress,  EPIRBs,  survival  craft,  and  automatic  link  establishment. 
 2  Frequencies  used  for  public  correspondence  and  in  Alaska  156.425  MHz.  See    80.371(  c), 
 80.373(  f)  and  80.385(  b).  Transmitters  approved  before  January  1,  1994,  for  G3E  emissions  will  be  authorized  indefinitely  for  F2C,  F3C,  F1D  and  F2D  emissions.  Transmitters  approved  on  or 


 after  January  1,  1994,  will  be  authorized  for  F2C,  F3C,  F1D  or  F2D  emissions  only  if  they  are  approved  specifically  for  each  emission  designator. 
 3  Frequencies  used  in  the  Automated  Maritime  Telecommunications  System  (AMTS).  See 
   80.385(  b).  4 
 Types  of  emission  are  determined  by  the  INMARSAT  Organization.  5 
 [Reserved].  6 
 G3D  emission  must  be  used  only  by  one-  board  stations  for  maneuvering  or  navigation.  7 
 Frequencies  used  for  cable  repair  operations.  See    80.  375(  b).  8 
 For  direction  finding  requirements  see    80.  375.  9 
 Includes  distress  emissions  used  by  ship,  coast,  EPIRBs  and  survival  craft  stations.  10 
 On  2182  kHz  A1B,  A2B,  H2B  and  J2B  emissions  indicate  transmission  of  the  auto  alarm  signals. 


 11  Ships  on  domestic  voyages  must  use  J3E  emission  only. 
 12  For  frequencies  154.585  MHz,  159.480  MHz,  160.725  MHz,  160.  785  MHz,  454.000  MHz 
 and  459.  000  MHz,  authorized  for  offshore  radiolocation  and  related  telecommand  operations.  13 
 Class  C  EPIRB  stations  may  not  be  used  after  February  1,  1999.  14 
 NB-  DP  operations  which  are  not  in  accordance  with  ITU-  R  Recommendations  M.  625  or  M.  476  are  permitted  to  utilize  any  modulation,  so  long  as  emissions  are  within  the  limits  set  forth 


 in    80.211(  f).  15 
 J2B  is  permitted  only  on  2000-  27500  kHz.  16 
 J2D  is  permitted  only  on  2000-  27500  kHz,  and  ship  stations  employing  J2D  emissions  shall  at  no  time  use  a  peak  envelope  power  in  excess  of  1.5  kW  per  channel. 


 17  J2B  and  J2D  are  permitted  provided  they  do  not  cause  harmful  interference  to  A1A. 
 18  Coast  stations  employing  J2D  emissions  shall  at  no  time  use  a  peak  envelope  power  in 
 excess  of  10  kW  per  channel.  19 
 J2D  is  permitted  only  on  2000-  27500  kHz. 
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 20  If  a  station  uses  another  type  of  digital  emission,  it  must  comply  with  the  emission  mask 
 requirements  of    90.  210,  except  that  Automatic  Identification  System  (AIS)  transmissions  do  not  have  to  comply  with  the  emission  mask  requirements  of    90.  210. 


 13.  Section  80.211  is  amended  by  revising  paragraph  (e)  to  read  as  follows: 
   80.211  Emission  limitations. 
 *  *  *  *  * 
 (e)  The  mean  power  of  EPIRBs  operating  on  121.500  MHz,  243.000  MHz  and  406.0-  406.  1  MHz  must  be  as  follows: 


 *  *  *  *  * 
 14.  Section  80.223  is  amended  by  revising  paragraph  (a)(  1)  to  read  as  follows: 
   80.223  Special  requirements  for  survival  craft  stations. 
 (a)  *  *  *  *  * 
 (1)  2182  kHz  must  be  able  to  operate  with  A3E  or  H3E  and  J2B  and  J3E  emissions; 
 *  *  *  *  * 
 15.  Section  80.225  is  amended  by  adding  paragraphs  (a)(  1)-(  6),  and  revising  the  introductory  paragraph  and  paragraphs  (a)  and  (c)(  2)  to  read  as  follows: 


   80.225  Requirements  for  selective  calling  equipment. 
 This  section  specifies  the  requirements  for  voluntary  digital  selective  calling  (DSC)  equipment  and  selective  calling  equipment  installed  in  ship  and  coast  stations,  and  incorporates  by  reference  ITU-  R 


 Recommendation  M.  476  5,  Direct-  Printing  Telegraph  Equipment  in  the  Maritime  Mobile  Service,  with  Annex,  1995;  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the 
 Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004;  ITU-  R  Recommendation  M.  541-  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with 
 Annexes,  2004;  ITU-  R  Recommendation  M.  625  3,  Direct-  Printing  Telegraph  Equipment  Employing  Automatic  Identification  in  the  Maritime  Mobile  Service,  with  Annex,  1995;  RTCM  Paper  56 
 95/  SC101  STD,  RTCM  Recommended  Minimum  Standards  for  Digital  Selective  Calling  (DSC)  Equipment  Providing  Minimum  Distress  and  Safety  Capability,  Version  1.0,  dated  August  10,  1995;  and 
 IEC  62238  Ed.  1,  Maritime  navigation  and  radiocommunication  equipment  and  systems  -  VHF  radiotelephone  equipment  incorporating  Class  D  Digital  Selective  Calling  (DSC)  -  Methods  of  testing 
 and  required  test  results,  (2003).  ITU-  R  Recommendations  M.  476  5  with  Annex,  M.  493  11  with  Annexes  1  and  2,  M.  541-  9  with  Annexes,  and  M.  625  3  with  Annex,  RTCM  Paper  56  95/  SC101  STD, 
 and  IEC  62238  Ed.  1  are  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these 
 standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration 
 (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to:  http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R 
 Recommendations  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des  Nations,  CH  1211  Geneva  20,  Switzerland.  The  RTCM  standards  can  be  purchased  from  the  Radio 
 Technical  Commission  for  Maritime  Services  (RTCM),  1800  N.  Kent  Street,  Suite  1060,  Arlington,  Virginia  22209,  www.  rtcm.  org,  email  pubs@  rtcm.  org. 


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


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


 portable  DSC  equipment  that  does  not  meet  the  requirements  of  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004, 
 and,  in  the  case  of  Class  D  DSC  equipment  only,  IEC  62238  Ed.  1,  Maritime  navigation  and  radiocommunication  equipment  and  systems  -  VHF  radiotelephone  equipment  incorporating  Class  D 
 Digital  Selective  Calling  (DSC)  -  Methods  of  testing  and  required  test  results  (2003). 
 (4)  The  manufacture,  importation,  sale  or  installation  of  non-  portable  DSC  equipment  that  does  not  comply  with  either  of  the  standards  referenced  in  paragraph  (a)(  2)  of  this  section  is  prohibited 


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


 [seven  years  after  the  effective  date  of  these  rules]. 
 (6)  Approved  DSC  equipment  that  has  been  manufactured,  sold,  and  installed  in  conformity  with  the  requirements  of  this  section  may  be  used  indefinitely. 


 *  *  *  *  * 
 (c)  *  *  *  *  * 
 (2)  Equipment  used  to  perform  a  selective  calling  function  during  narrow-  band  direct-  printing  (NB-  DP)  operations  in  accordance  with  ITU-  R  Recommendation  M.  476  5,  Direct-  Printing  Telegraph 


 Equipment  in  the  Maritime  Mobile  Service,  with  Annex,  1995,  or  ITU-  R  Recommendation  M.  625  3,  Direct-  Printing  Telegraph  Equipment  Employing  Automatic  Identification  in  the  Maritime  Mobile 
 Service,  with  Annex,  1995,  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004,  and 


 *  *  *  *  * 
 16.  Section  80.251  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.251  Scope. 
 (a)  This  subpart  gives  the  general  technical  requirements  for  certification  of  equipment  used  on  compulsory  ships.  Such  equipment  includes  automatic-  alarm-  signal  keying  devices,  survival  craft  radio 


 equipment,  watch  receivers,  radar  equipment  and  Ship  Security  Alert  System  (SSAS)  equipment. 
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 *  *  *  *  * 
 17.  Section  80.268  is  amended  by  removing  paragraph  (b)(  2)  and  redesignating  paragraph  (b)(  3)  as  (b)(  2). 


 18.  Section  80.269  is  removed. 
 19.  Section  80.271  is  amended  by  revising  paragraph  (e)  to  read  as  follows: 
   80.271  Technical  requirements  for  portable  survival  craft  radiotelephone  transceivers. 
 *  *  *  *  * 
 (e)  Portable  radiotelephone  transceivers  which  are  certified  to  meet  the  requirements  of  this  section  must  be  identified  by  an  appropriate  note  in  the  Commission's  database. 


 20.  Section  80.273  is  amended  to  read  as  follows: 
   80.273  Technical  requirements  for  radar  equipment. 
 (a)  Radar  installations  on  board  ships  that  are  required  by  the  Safety  Convention  or  the  U.  S.  Coast  Guard  to  be  equipped  with  radar  must  comply  with  the  documents  referenced  in  the  following 


 paragraphs  of  this  section.  These  documents  contain  specifications,  standards  and  general  requirements  applicable  to  shipboard  radar  equipment  and  shipboard  radar  installations.  For  purposes  of  this  part  the 
 specifications,  standards  and  general  requirements  stated  in  these  documents  are  mandatory  irrespective  of  discretionary  language.  The  standards  listed  in  this  section  are  incorporated  by  reference.  The 
 Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications 
 Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at 
 NARA,  call  202  741  6030,  or  go  to  http://:  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  IMO  standards  can  be  purchased  from  International 
 Maritime  Organization  (IMO),  Publications,  International  Maritime  Organization,  4  Albert  Embankment,  London  SE1  7SR,  United  Kingdom;  telephone  011  44  71  735  7611.  IEC  publications  can  be  purchased 
 from  the  International  Electrotechnical  Commission,  3  Rue  de  Varembe,  CH  1211  Geneva  20,  Switzerland,  or  from  the  American  National  Standards  Institute  (ANSI)  through  its  NSSN  operation 
 (www.  nssn.  org),  at  Customer  Service,  American  National  Standards  Institute,  25  West  43rd  Street,  New  York,  NY  10036,  telephone  (212)  642  4900.  ITU  documents  can  be  purchased  from  the  International 
 Telecommunication  Union  (ITU),  Place  des  Nations,  CH  1211  Geneva  20,  Switzerland  (www.  itu.  int.) 
 (b)  Radar  installed  on  or  after  [the  effective  date  of  these  rules],  on  ships  of  300  tons  gross  tonnage  and  upwards,  and  radar  installed  on  a  ship  after  [the  effective  date  of  these  rules],  and  certificated 


 by  the  U.  S.  Coast  Guard  under  the  IMO  Code  for  the  Safety  of  High  Speed  Craft  (IMO  Resolution  MSC.  36(  63),  May  20,  1994),  must  comply  with: 


 (1)  IMO  Resolution  MSC.  64(  67)  Annex  4,  Recommendation  on  performance  standards  for  radar  equipment; 
 (2)  The  emission  limits  contained  in  Appendix  3  of  the  ITU  radio  regulations,  section  II,  Spurious  domain  emissions  limits  for  transmitters  installed  after  1  January  2003  and  for  all  transmitters 
 after  1  January  2012;  and 
 (3)  ITU-  R  M.  1177-  3,  Techniques  for  measurement  of  unwanted  emissions  of  radar  systems,  including  Annexes  1  and  2  and  all  appendices  thereto  (2003). 


 (c)  For  any  ship  of  10,  000  tons  gross  tonnage  and  upwards  or  that  is  otherwise  required  to  be  equipped  with  two  radar  systems,  each  of  the  two  radar  systems  must  be  capable  of  operating 
 independently  and  must  comply  with  the  specifications,  standards  and  general  requirements  set  forth  on  paragraph  (b)  of  this  section.  One  of  the  systems  must  provide  a  display  with  an  effective  diameter  of  not 
 less  than  340  millimeters  (13.4  inches),  (16-  inch  cathode  ray  tube).  The  other  system  must  provide  a 
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 display  with  an  effective  diameter  of  not  less  than  250  millimeters  (9.8  inches),  (12-  inch  cathode  ray  tube). 
 (d)  Radar  installed  before  [the  effective  date  of  these  rules]  must  meet  and  be  maintained  to  comply  with  the  Commissions  regulations  in  effect  for  the  equipment  on  the  date  of  its  installation. 
 21.  Section  80.277  is  added  to  read  as  follows: 
   80.277  Ship  Security  Alert  System  (SSAS). 
 (a)  Vessels  equipped  with  a  Ship  Security  Alert  System  pursuant  to  the  Safety  Convention  or  United  States  Coast  Guard  rules  may  utilize: 


 (1)  Equipment  that  complies  with  RTCM  Paper  110-  2004/  SC110-  STD,  RTCM  Recommended  Standards  for  Ship  Security  Alert  Systems  (SSAS)  using  the  Cospas-  Sarsat  System,  June  4,  2004;  or 
 (2)  INMARSAT  D+  equipment;  or 
 (3)  Equipment  that  complies  with  the  technical  specifications  found  in  this  subpart. 
 (b)  RTCM  Paper  110-  2004/  SC110-  STD  is  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR 


 Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and 
 Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  RTCM  standards  can  be  purchased  from  the  Radio  Technical  Commission  for  Maritime  Services  (RTCM),  1800 
 N.  Kent  St.,  Suite  1060,  Arlington  VA  22209,  www.  rtcm.  org,  email  at  pubs@  rtcm.  org. 
 22.  Section  80.305  is  amended  by  revising  paragraphs  (a)(  1),  (a)(  2),  (b)(  1),  and  (c)  to  read  as  follows: 


   80.305  Watch  requirements  of  the  Communications  Act  and  the  Safety  Convention. 
 (a)  *  *  *  *  * 
 (1)  If  it  is  not  carrying  MF-  DSC  radio  equipment,  keep  a  continuous  and  efficient  watch  on  the  radiotelephone  distress  frequency  2182  kHz  from  the  principal  radio  operating  position  or  the  room  from 


 which  the  vessel  is  normally  steered  while  being  navigated  in  the  open  sea  outside  a  harbor  or  port. 
 (2)  Keep  a  continuous  and  efficient  watch  on  the  VHF  distress  frequency  156.800  MHz  from  the  room  from  which  the  vessel  is  normally  steered  while  in  the  open  sea  outside  a  harbor  or  port.  The  watch 


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


 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (1)  If  it  is  not  carrying  MF-  DSC  radio  equipment,  keep  a  continuous  watch  on  2182  kHz  in  the  room  from  which  the  vessel  is  normally  steered  while  at  sea,  whenever  such  station  is  not  being  used  for 


 authorized  traffic.  Such  watch  must  be  maintained  by  at  least  one  officer  or  crewmember  who  may  perform  other  duties  relating  to  the  operation  or  navigation  of  the  vessel,  provided  such  other  duties  do 
 not  interfere  with  the  watch.  A  radiotelephone  watch  receiver  having  a  loudspeaker  and  a  radiotelephone 
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 auto  alarm  must  be  used  to  keep  the  continuous  watch  on  2182  kHz.  After  a  determination  by  the  master  that  maintenance  of  the  watch  would  interfere  with  the  safe  navigation  of  the  ship,  the  watch  may  be 
 maintained  by  use  of  the  radiotelephone  auto  alarm  facility  alone. 
 *  *  *  *  * 
 (c)  Each  vessel  of  the  United  States  transporting  more  than  six  passengers  for  hire,  which  is  equipped  with  a  radiotelephone  station  for  compliance  with  part  III  of  title  III  of  the  Communications  Act 


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


 *  *  *  *  * 
 23.  Section  80.310  is  revised  to  read  as  follows: 
   80.310  Watch  required  by  voluntary  vessels. 
 Voluntary  vessels  not  equipped  with  DSC  must  maintain  a  watch  on  2182  kHz  and  on  156.800  MHz  (Channel  16)  whenever  the  vessel  is  underway  and  the  radio  is  not  being  used  to  communicate. 


 Noncommercial  vessels,  such  as  recreational  boats,  may  alternatively  maintain  a  watch  on  156.450  MHz  (Channel  9)  in  lieu  of  VHF  Channel  16  for  call  and  reply  purposes.  Voluntary  vessels  equipped  with 
 VHF-  DSC  equipment  must  maintain  a  watch  on  2182  kHz  and  on  either  156.525  MHz  (Channel  70)  or  VHF  Channel  16  aurally  whenever  the  vessel  is  underway  and  the  radio  is  not  being  used  to 
 communicate.  Voluntary  vessels  equipped  with  MF-  HF  DSC  equipment  must  have  the  radio  turned  on  and  set  to  an  appropriate  DSC  distress  calling  channel  or  one  of  the  radiotelephone  distress  channels 
 whenever  the  vessel  is  underway  and  the  radio  is  not  being  used  to  communicate.  Voluntary  vessels  equipped  with  Inmarsat  A,  B,  C,  M  or  Fleet  F77  systems  must  have  the  unit  turned  on  and  set  to  receive 
 calls  whenever  the  vessel  is  underway  and  the  radio  is  not  being  used  to  communicate. 
 24.  Section  80.313  is  amended  by  revising  the  Frequency  band  column  in  the  table  to  change  the  entry  1605-  3500  kHz  to  1615-  3500  kHz. 


 25.  Section  80.314  is  retitled  and  revised  to  read  as  follows: 
   80.314  Distress  communications. 
 (a)  The  international  radiotelephone  distress  signal  consists  of  the  word  MAYDAY,  pronounced  as  the  French  expression  maider. 


 (b)  These  distress  signals  indicate  that  a  mobile  station  is  threatened  by  grave  and  imminent  danger  and  requests  immediate  assistance. 
 (c)  The  radiotelephone  distress  call  consists  of: 
 (1)  The  distress  signal  MAYDAY  spoken  three  times; 
 (2)  The  words  THIS  IS; 
 (3)  The  call  sign  (or  name,  if  no  call  sign  assigned)  of  the  mobile  station  in  distress,  spoken  three  times; 
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 (4)  Particulars  of  the  stations  position; 
 (5)  The  nature  of  the  distress; 
 (6)  The  kind  of  assistance  desired;  and 
 (7)  Any  other  information  which  might  facilitate  rescue,  for  example,  the  length,  color,  and  type  of  vessel,  or  number  of  persons  on  board. 


 (d)  The  procedures  for  canceling  false  distress  alerts  are  contained  in    80.335. 
 26.  Section  80.315  is  removed. 
 27.  Section  80.316  is  removed. 
 28.  Section  80.327  is  retitled  and  amended  by  adding  paragraphs  (e),  (f),  and  (g)  to  read  as  follows: 


   80.327  Urgency  signals  and  messages. 
 *  *  *  *  * 
 (e)  The  urgency  signal  and  call,  and  the  message  following  it,  must  be  sent  on  one  of  the  international  distress  frequencies.  Stations  which  cannot  transmit  on  a  distress  frequency  may  use  any 


 other  available  frequency  on  which  attention  might  be  attracted. 
 (f)  Mobile  stations  which  hear  the  urgency  signal  must  continue  to  listen  for  at  least  three  minutes.  At  the  end  of  this  period,  if  no  urgency  message  has  been  heard,  they  may  resume  their  normal 


 service.  However,  land  and  mobile  stations  which  are  in  communication  on  frequencies  other  than  those  used  for  the  transmission  of  the  urgency  signal  and  of  the  call  which  follows  it  may  continue  their  normal 
 work  without  interruption  provided  the  urgency  message  is  not  addressed  to  all  stations. 
 (g)  When  the  urgency  signal  has  been  sent  before  transmitting  a  message  to  all  stations  which  calls  for  action  by  the  stations  receiving  the  message,  the  station  responsible  for  its  transmission  must 


 cancel  it  as  soon  as  it  knows  that  action  is  no  longer  necessary.  This  message  of  cancellation  must  likewise  be  addressed  to  all  stations. 


 29.  Section  80.328  is  removed. 
 30.  Section  80.329  is  retitled  and  amended  by  adding  paragraphs  (e),  (f),  and  (g)  to  read  as  follows: 


   80.329  Safety  signals  and  messages. 
 *  *  *  *  * 
 (e)  The  safety  signal  and  call  must  be  followed  by  the  safety  message.  Where  practicable,  the  safety  message  should  be  sent  on  a  working  frequency,  and  a  suitable  announcement  to  this  effect  must  be 


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


 (g)  Stations  hearing  the  safety  signal  must  not  make  any  transmission  likely  to  interfere  with  the  message. 
 31.  Section  80.330  is  removed. 
 32.  Section  80.335  is  amended  by  revising  paragraphs  (a)(  2),  (b)(  2),  and  (c)(  2)  to  read  as  follows: 
   80.335  Procedures  for  canceling  false  distress  alerts. 
 (a)  *  *  *  *  * 
 (2)  Immediately  cancel  the  distress  alert  orally  over  the  telephony  distress  traffic  channel 
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 associated  with  each  DSC  channel  on  which  the  distress  alert  was  transmitted; 
 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (2)  Immediately  cancel  the  distress  alert  orally  over  the  telephony  distress  traffic  channel  associated  with  each  DSC  channel  on  which  the  distress  alert  was  transmitted;  and 


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


 *  *  *  *  * 
 33.  Section  80.359  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
   80.359  Frequencies  for  digital  selective  calling  (DSC). 
 *  *  *  *  * 
 (b)  Distress  and  safety  calling.  The  frequencies  2187.5  kHz,  4207.5  kHz,  6312.0  kHz,  8414.5  kHz,  12577.0  kHz,  16804.5  kHz  and  156.525  MHz  may  be  used  for  DSC  by  coast  and  ship  stations  on  a 


 simplex  basis  for  distress  and  safety  purposes,  and  may  also  be  used  for  routine  ship-  to-  ship  communications  provided  that  priority  is  accorded  to  distress  and  safety  communications.  The  provisions 
 and  procedures  for  distress  and  safety  calling  are  contained  in  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile 
 Service,  with  Annexes,  2004,  as  modified  by  80.103(  c).  ITU-  R  Recommendation  M.  541  9  with  Annexes  is  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation 
 by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  this  standard  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC 
 (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R  Recommendation  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des 
 Nations,  CH  1211  Geneva  20,  Switzerland. 
 *  *  *  *  * 
 34.  Section  80.371  is  amended  by  revising  the  reference  to  West  Coat  in  the  Region  column  of  the  table  in  paragraph  (a)  to  West  Coast,  and  adding  a  footnote  to  the  entry  for  16537  kHz  in  the  table 


 in  paragraph  (b)(  2)  to  read  as  follows: 
   80.371  Public  correspondence  frequencies. 
 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (2)  *  *  *  *  * 
 PUBLIC  CORRESPONDENCE  SIMPLEX 
 [Non-  paired  radiotelephony  frequencies  in  the  4000-  27500  kHz  Band  1  Carrier  Frequencies  (kHz)] 


 16537  2  .  18825  22174  25100 
 *  *  *  *  *  *  *  *  *  *  *  * 
 *  *  * 
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 1  Coast  stations  limited  to  a  maximum  transmitter  power  of  1  kW  (PEP). 
 2  The  alternative  carrier  frequency  16537  kHz  may  be  used  by  ship  stations  and  coast  stations  for 
 calling  on  a  simplex  basis,  provided  that  the  peak  envelope  power  does  not  exceed  1  kW. 
 (c)  Working  frequencies  in  the  marine  VHF  156-  162  MHz  band.  (1)(  i)  The  frequency  pairs  listed  in  the  table  in  this  paragraph  are  available  for  assignment  to  public  coast  stations  for  public 


 correspondence  communications  with  ship  stations  and  units  on  land. 
 *  *  *  *  * 
 35.  Section  80.373  is  amended  by  revising  paragraph  (a)(  1),  adding  a  footnote  to  the  entry  for  12359  kHz  in  the  table  in  paragraph  (c)(  1),  revising  and  redesignating  paragraph  (g)  as  (g)(  1),  and  adding 


 paragraph  (g)(  2)  to  read  as  follows: 
   80.373  Private  communications  frequencies. 
 *  *  *  *  * 
 (a)  *  *  *  *  * 
 (1)  Private  coast  stations  must  use  J3E  emission. 
 *  *  *  *  * 
 (c)  *  *  * 
 12359  6 
 *  *  *  6 
 The  alternative  carrier  frequency  12359  kHz  may  be  used  by  ship  stations  and  coast  stations  for  calling  on  a  simplex  basis,  provided  that  the  peak  envelope  power  does  not  exceed  1  kW. 


 *  *  *  *  * 
 (g)(  1)  On-  board  communications:  This  section  describes  the  carrier  frequency  pairs  assignable  for  on-  board  mobile  radiotelephony  communications.  The  center  of  the  on-  board  repeater  antenna  must 


 not  be  located  more  than  3  meters  (10  feet)  above  the  ship's  working  deck.  These  frequencies  are  available  on  a  shared  basis  with  stations  in  the  Industrial/  Business  Radio  Pool. 


 *  *  * 
 (2)  Where  needed,  equipment  designed  for  12.5  kHz  channel  spacing  using  the  additional  frequencies  457.5375  MHz,  457.5625  MHz,  467.5375  MHz,  and  467.5625  MHz  may  be  introduced  for 


 on-  board  communications. 
 *  *  *  *  * 
 36.  Section  80.385  is  amended  by  removing  paragraph  (d). 
 37.  Section  80.409  is  amended  by  removing  paragraph  (e)(  5)(  ii),  redesignating  paragraphs  (e)(  5)(  iii)  and  (e)(  5)(  iv)  as  (e)(  5)(  ii)  and  (e)(  5)(  iii),  redesignating  paragraphs  (e)(  6)-(  12)  as  (e)(  7)-(  13), 


 revising  paragraphs  (a)(  1),  (a)(  2),  (d)(  2),  and  (e)(  1),  and  adding  a  new  paragraph  (e)(  6)  to  read  as  follows: 
   80.409  Station  logs. 
 (a)  *  *  *  *  * 
 (1)  The  log  must  be  kept  in  an  orderly  manner.  The  log  may  be  kept  electronically  or  in  writing.  The  required  information  for  the  particular  class  or  category  of  station  must  be  readily  available.  Key 


 letters  or  abbreviations  may  be  used  if  their  proper  meaning  or  explanation  is  contained  elsewhere  in  the  same  log. 


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


 *  *  *  *  * 
 (d)  *  *  *  *  * 
 (2)  ON  WATCH  must  be  entered  by  the  operator  beginning  a  watch,  followed  by  the  operator's  signature  for  stations  maintaining  written  logs.  OFF  WATCH  must  be  entered  by  the 


 operator  being  relieved  or  terminating  a  watch,  followed  by  the  operator's  signature  for  stations  maintaining  written  logs.  All  log  entries  must  be  completed  by  the  end  of  each  watch. 


 (e)  *  *  *  *  * 
 (1)  A  summary  of  all  distress  and  urgency  communications  affecting  the  stations  own  ship,  all  distress  alerts  relayed  by  the  stations  own  ship,  and  all  distress  call  acknowledgements  and  other 


 communications  received  from  search  and  rescue  authorities. 
 *  *  *  *  * 
 (6)  An  entry  at  least  once  every  thirty  days  that  the  batteries  or  other  reserve  power  sources  have  been  checked  and  are  functioning  properly. 


 *  *  *  *  * 
 38.  Subpart  R  is  retitled  to  read  as  follows: 
 Subpart  R    Technical  Equipment  Requirements  for  Cargo  Vessels  Not  Subject  to  Subpart  W 
 *  *  *  *  * 
 39.  Section  80.858  is  amended  by  removing  paragraph  (b)  and  redesignating  paragraphs  (c),  (d),  and  (e)  as  (b),  (c),  and  (d). 


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


 *  *  *  *  * 
   80.871  VHF  radiotelephone  station. 
 (d)  *  *  * 
 Transmitting  frequencies  (MHz)  Channel  designators 
 Ship  station  Coast  station 
 *  *  *  *  *  *  *  *  * 
 75  156.775  156.775 
 *  *  *  *  *  *  *  *  * 
 76.  156.825  156.825 


 *  *  *  *  * 
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 41.  Section  80.882  is  added  to  read  as  follows: 
   80.882  2182  kHz  watch. 
 Ships  subject  to  this  subpart  must  maintain  a  watch  on  the  frequency  2182  kHz  pursuant  to    80.305. 


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


   80.905  Vessel  radio  equipment. 
 (a)  *  *  *  *  * 
 (1)  Vessels  operated  solely  within  20  nautical  miles  of  land  must  be  equipped  with  a  VHF-  DSC  radiotelephone  installation  meeting  the  requirements  of    80.1101(  c)(  2),  except  that  a  VHF 


 radiotelephone  installation  without  DSC  capability  is  permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A1  coverage  is  established.  Vessels  in  this  category 
 must  not  operate  more  than  20  nautical  miles  from  land. 
 (2)  Vessels  operated  beyond  the  20  nautical  mile  limitation  specified  in  paragraph  (a)(  1)  of  this  section,  but  not  more  than  100  nautical  miles  from  the  nearest  land,  must  be  equipped  with  a  MF  DSC 


 frequency  transmitter  meeting  the  requirements  of    80.1101(  c)(  3)  and  capable  of  transmitting  J3E  emission  and  a  receiver  capable  of  reception  of  J3E  emission  within  the  band  1710  to  2850  kHz,  in 
 addition  to  the  VHF  DSC  radiotelephone  installation  required  by  paragraph  (a)(  1)  of  this  section,  except  that  a  MF  radiotelephone  installation  without  DSC  capability  is  permitted  until  one  year  after  the  Coast 
 Guard  notifies  the  Commission  that  shore-  based  sea  area  A2  coverage  is  established.  The  MF  or  MF  DSC  transmitter  and  receiver  must  be  capable  of  operation  on  2670  kHz. 


 (3)  *  *  *  *  * 
 (i)  Be  equipped  with  a  VHF  DSC  radiotelephone  installation  meeting  the  requirements  of  paragraph  (a)(  1)  of  this  section,  except  that  a  VHF  radiotelephone  installation  without  DSC  capability  is 


 permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A1  coverage  is  established; 


 *  *  *  *  * 
 (iii)  *  *  *  *  * 
 (A)  A  DSC-  capable  single  sideband  radiotelephone  meeting  the  requirements  of    80.1101(  c)(  4)  and  capable  of  operating  on  all  distress  and  safety  frequencies  in  the  medium  frequency  and  high 


 frequency  bands  listed  in    80.  369(  a)  and  (b),  on  all  of  the  ship-  to-  shore  calling  frequencies  in  the  high  frequency  bands  listed  in    80.369(  d),  and  on  at  least  four  of  the  automated  mutual-  assistance  vessel 
 rescue  (AMVER)  system  HF  duplex  channels  (this  requirement  may  be  met  by  the  addition  of  such  frequencies  to  the  radiotelephone  installation  required  by  paragraph  (a)(  2)  of  this  section);  or 


 (B)  If  operated  in  an  area  within  the  coverage  of  an  INMARSAT  maritime  mobile  geostationary  satellite  in  which  continuous  alerting  is  available,  an  INMARSAT  B,  C,  M,  or  Fleet  F77  ship  earth 
 station,  or  an  INMARSAT  A  ship  earth  station  if  installed  prior  to  February  12,  2004. 
 *  *  *  *  * 
 (4)  *  *  *  *  * 
 (i)  Be  equipped  with  two  VHF  DSC  radiotelephone  installations  meeting  the  requirements  of  paragraph  (a)(  1)  of  this  section,  except  that  VHF  radiotelephone  installations  without  DSC  capability  are 


 permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A1  coverage  is  established; 
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 *  *  *  *  * 
 (iii)  *  *  *  *  * 
 (A)  A  DSC-  capable  independent  single  sideband  radiotelephone  meeting  the  requirements  of  paragraph  (a)(  3)(  iii)(  A)  of  this  section  and  that  is  capable  of  operating  on  all  distress  and  safety 


 frequencies  in  the  medium  frequency  and  high  frequency  bands  listed  in    80.369(  a)  and  (b),  on  all  of  the  ship-  to-  shore  calling  frequencies  in  the  high  frequency  bands  listed  in    80.  369(  d),  and  on  at  least  four  of 
 the  automated  mutual-  assistance  vessel  rescue  (AMVER)  system  HF  duplex  channels;  or 
 (B)  If  operated  in  an  area  within  the  coverage  of  an  INMARSAT  maritime  mobile  geostationary  satellite  in  which  continuous  alerting  is  available,  an  INMARSAT  B,  C,  M,  or  Fleet  F77  ship  earth 


 station,  or  an  INMARSAT  A  ship  earth  station  if  installed  prior  to  February  12,  2004. 
 *  *  *  *  * 
 (vi)  Be  equipped  with  a  Category  I  406  406.  1  MHz  satellite  emergency  position-  indicating  radiobeacon  (EPIRB)  meeting  the  requirements  of  80.1061  or,  if  the  ship  is  not  operating  in  sea  area  A4, 


 as  defined  in    80.1069(  a)(  4),  an  automatic  float-  free  INMARSAT  E  EPIRB  meeting  the  requirements  of    80.1063  (NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December 
 1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center.);  and 


 *  *  *  *  * 
 43.  Section  80.913  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.913  Radiotelephone  receivers. 
 (a)  If  a  medium  frequency  radiotelephone  installation  is  provided,  the  receiver  must  be  capable  of  effective  reception  of  J3E  emissions,  be  connected  to  the  antenna  system  specified  by    80.923,  and  be 


 preset  to,  and  capable  of  accurate  and  convenient  selection  of,  the  frequencies  2182  kHz,  2638  kHz,  and  the  receiving  frequency(  s)  of  public  coast  stations  serving  the  area  in  which  the  vessel  is  navigated. 


 *  *  *  *  * 
 44.  Section  80.917  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.917  Reserve  power  supply. 
 (a)  The  requirements  of  this  section  apply  (1)  to  vessels  of  more  than  100  gross  tons;  and  (2)  beginning  [one  year  after  the  effective  date]  to  (i)  vessels  that  carry  more  than  150  passengers  or  have 


 overnight  accommodations  for  more  than  49  persons;  and  (ii)  vessels  that  operate  on  the  high  seas  or  more  than  three  miles  from  shore  on  Great  Lakes  voyages.  Any  such  vessel  the  keel  of  which  was  laid 
 after  March  1,  1957,  must  have  a  reserve  power  supply  located  on  the  same  deck  as  the  main  wheel  house  or  at  least  one  deck  above  the  vessel's  main  deck,  unless  the  main  power  supply  is  so  situated. 


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


 46.  Section  80.1051  is  revised  to  read  as  follows: 
   80.1051  Scope. 
 This  subpart  describes  the  technical  and  performance  requirements  for  EPIRB  stations. 
 *  *  *  *  * 
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 47.  Section  80.1061  is  amended  by  revising  paragraphs  (a),  (c),  (c)(  1)(  ii),  and  (e)  to  read  as  follows: 
   80.1061  Special  requirements  for  406.0-  406.1  MHz  EPIRB  stations. 
 (a)  Notwithstanding  the  provisions  in  paragraph  (b)  of  this  section,  406.0  406.1  MHz  EPIRBs  must  meet  all  the  technical  and  performance  standards  contained  in  the  Radio  Technical  Commission  for 


 Maritime  Services  document  entitled  RTCM  Paper  77  02/  SC110  STD,  RTCM  Recommended  Standards  for  406  MHz  Satellite  Emergency  Position-  Indicating  Radiobeacons  (EPIRBs),  Version  2.1, 
 dated  June  20,  2002  (RTCM  Recommended  Standards).  The  RTCM  Recommended  Standards  are  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference 
 in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  the  RTCM  Recommended  Standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW,  Washington,  DC 
 (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  RTCM  Recommended  Standards  can  be  purchased  from  the  Radio  Technical  Commission  for  Maritime  Services, 
 1800  N.  Kent  St.,  Suite  1060,  Arlington  VA  22209,  www.  rtcm.  org,  email  at  pubs@  rtcm.  org. 
 *  *  *  *  * 
 (c)  Prior  to  submitting  a  certification  application  for  406.0-  406.1  MHz  radiobeacon,  the  radiobeacon  must  be  certified  by  a  test  facility  recognized  by  one  of  the  COSPAS-  SARSAT  Partners  that 


 the  equipment  satisfies  the  design  characteristics  associated  with  the  measurement  methods  described  in  COSPAS-  SARSAT  Standards  T.  001,  Specification  for  COSPAS-  SARSAT  406  MHz  Distress  Beacons, 
 Issue  3    Revision  4  (October  2002)  and  T.  007,  COSPAS-  SARSAT  406  MHz  Distress  Beacon  Type  Approval  Standard,  Issue  3    Revision  9  (October  2002).  Additionally,  the  radiobeacon  must  be 
 subjected  to  the  environmental  and  operational  tests  associated  with  the  test  procedures  described  in  Appendix  A  of  the  RTCM  Recommended  Standards  by  a  test  facility  accepted  by  the  U.  S.  Coast  Guard 
 for  this  purpose.  Information  regarding  accepted  test  facilities  may  be  obtained  from  Commandant  (G-MSE),  U.  S.  Coast  Guard,  2100  2  nd  St.,  SW,  Washington,  DC  20593-  0001,  http://  www.  uscg.  mil/  hq/  g-m/ 
 mse/  lablist/  lab161011.pdf.  The  COSPAS-  SARSAT  Standards  T.  001  and  T.  007  are  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance 
 with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  the  COSPAS-  SARSAT  Standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12  th  Street,  SW,  Washington,  DC  (Reference  Information 
 Center)  or  at  the  Office  of  the  Federal  Register,  800  North  Capitol  Street,  N.  W.,  Suite  700,  Washington,  DC.  The  COSPAS-  SARSAT  Standards  may  be  obtained  from  COSPAS-  SARSAT  Secretariat,  c/  o 
 Inmarsat,  99  City  Road,  London  EC1Y  1AX,  United  Kingdom,  Telephone:  +44  20-  7728  1391,  Facsimile:  +44  20-  7728  1170;  www.  cospas-  sarsat.  org. 


 (1)  *  *  *  *  * 
 (ii)  Copies  of  the  certificate  and  test  data  obtained  from  the  test  facility  recognized  by  a  COSPAS/  SARSAT  Partner  showing  that  the  radiobeacon  complies  with  the  COSPAS/  SARSAT  design 


 characteristics  associated  with  the  measurement  methods  described  in  the  RTCM  Recommended  Standards  and  COSPAS-  SARSAT  Standards; 


 *  *  *  *  * 
 (e)  An  identification  code,  issued  by  the  National  Oceanic  and  Atmospheric  Administration  (NOAA),  the  United  States  Program  Manager  for  the  406.0-  406.1  MHz  COSPAS/  SARSAT  satellite 


 system,  must  be  programmed  in  each  EPIRB  unit  to  establish  a  unique  identification  for  each  EPIRB  station.  With  each  marketable  EPIRB  unit,  the  manufacturer  or  grantee  must  include  a  postage  pre-  paid 
 registration  card  printed  with  the  EPIRB  identification  code  addressed  to:  NOAA/  SARSAT  Beacon  Registration,  E/  SP3,  Federal  Building  4,  Room  3320,  5200  Auth  Road,  Suitland,  MD  20746  4304.  The 
 registration  card  must  request  the  owner's  name,  address,  telephone  number,  type  of  ship,  alternate  emergency  contact  and  other  information  as  required  by  NOAA.  The  registration  card  must  also  contain 
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 information  regarding  the  availability  to  register  the  EPIRB  at  NOAA's  online  web-  based  registration  database  at:  http://  www/  beaconregistration.  noaa.  gov.  In  addition,  the  following  statement  must  be 
 included:  WARNING  failure  to  register  this  EPIRB  with  NOAA  before  installation  could  result  in  a  monetary  forfeiture  being  issued  to  the  owner. 


 *  *  *  *  * 
 48.  Section  80.1063  is  amended  by  adding  a  note  preceding  paragraph  (a)  to  read  as  follows: 
   80.1063  Special  requirements  for  INMARSAT-  E  EPIRB  stations. 
 NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any 


 Rescue  Coordination  Center. 
 *  *  *  *  * 
 49.  Section  80.1065  is  amended  by  removing  paragraphs  (a)  and  (b)(  1)  through  (b)(  6),  redesignating  paragraphs  (b)  through  (d)  as  paragraphs  (a)  through  (c),  and  revising  redesignated 


 paragraph  (a)  to  read  as  follows: 
   80.1065  Applicability. 
 (a)  The  regulations  contained  within  this  subpart  apply  to  all  passenger  ships  regardless  of  size  and  cargo  ships  of  300  tons  gross  tonnage  and  upwards. 


 *  *  *  *  * 
 50.  Section  80.1071  is  amended  by  revising  paragraphs  (c)(  1)(  i)  and  (c)(  1)(  ii)  to  read  as  follows: 
   80.1071  Exemptions. 
 *  *  *  *  * 
 (c)  *  *  *  *  * 
 (1)  *  *  *  *  * 
 (i)  A  VHF  radiotelephone  installation. 
 (ii)  A  MF  or  HF  radiotelephone  installation. 
 *  *  *  *  * 
 51.  Section  80.1073  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.1073  Radio  operator  requirements  for  ship  stations. 
 (a)  Ships  must  carry  at  least  two  persons  holding  GMDSS  Radio  Operator's  Licenses  as  specified  in  13.7  of  this  chapter  for  distress  and  safety  radiocommunications  purposes.  The  GMDSS  Radio 


 Operator's  License  qualifies  personnel  as  a  GMDSS  radio  operator  for  the  purposes  of  operating  a  GMDSS  radio  installation,  including  basic  equipment  adjustments  as  denoted  in  the  knowledge 
 requirements  specified  in    13.203  of  this  chapter. 
 *  *  *  *  * 
 52.  Section  80.1077  is  amended  by  removing  footnote  11,  and  adding  footnote  12  to  the  entry  for  INMARSAT  E-  EPIRBs  to  read  as  follows: 


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


 Alerting: 
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 *  *  * 
 INMARSAT-  E  EPIRBs  12  ..................  1626.5-  1645.5  MHz  (Earth-  to-  space). 
 *  *  *  12 
 Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue 


 Coordination  Center. 
 *  *  *  *  * 
 53.  Section  80.1083  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 
   80.1083  Ship  radio  installations. 
 *  *  *  *  * 
 (d)  Shipborne  Integrated  Radiocommunication  System  (IRCS)  may  be  utilized  to  integrate  all  GMDSS  equipment  into  a  standard  operator's  console.  Such  installation  must  be  certified  in  accordance 


 with    80.  1103  and  meet  the  requirements  of  IMO  Assembly  Resolution  A.  811(  19),  Performance  Standards  for  a  Shipborne  Integrated  Radiocommunication  System  (IRCS)  When  Used  in  the  GMDSS, 
 with  Annex,  adopted  23  November  1995.  IMO  Assembly  Resolution  A.  811(  19)  with  Annex  is  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference 
 in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  this  standard  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information 
 Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202  741  6030,  or  go  to: 
 http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  IMO  standards  can  be  purchased  from  Publications,  International  Maritime  Organization,  4  Albert 
 Embankment,  London  SE1  7SR,  United  Kingdom. 
 54.  Section  80.1085  is  amended  by  revising  paragraphs  (a)(  6)(  i)  and  (a)(  6)(  iii)  to  read  as  follows: 
   80.1085  Ship  radio  equipment  General. 
 *  *  *  *  * 
 (a)  *  *  *  *  * 
 (6)  *  *  *  *  * 
 (i)  Capable  of  transmitting  a  distress  alert  through  the  polar  orbiting  satellite  service  operating  in  the  406.0  406.1  MHz  band  (406.0  406.  1  MHz  EPIRB)  or,  if  the  ship  is  not  operating  in  sea  area  A4,  as 


 defined  in    80.1069(  a)(  4),  the  1.6  GHz  band  (INMARSAT-  E  EPIRB)  (NOTE:  Service  to  INMARSAT-E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from 
 INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center);  and 
 *  *  *  *  * 
 (iii)  Examined  and  tested  annually  in  accordance  with  IMO  Circular  MSC/  Circ.  1040,  Guidelines  on  annual  testing  of  406  MHz  satellite  EPIRBs  (28  May  2002).  See    80.1105(  k). 


 *  *  *  *  * 
 55.  Section  80.1087  is  amended  by  revising  paragraph  (a)(  2)  to  read  as  follows: 
   80.1087  Ship  radio  equipment  Sea  Area  A1. 
 *  *  *  *  * 
 (a)  *  *  *  *  * 
 (2)  Through  the  polar  orbiting  satellite  service  on  406.0  406.1  MHz  or  the  INMARSAT-  E 
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 service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6),  either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which 
 the  ship  is  normally  navigated)  (NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations 
 will  not  be  received  by  any  Rescue  Coordination  Center);  or 
 *  *  *  *  * 
 56.  Section  80.1089  is  amended  by  revising  paragraph  (a)(  3)(  i)  to  read  as  follows: 
   80.1089  Ship  radio  equipment  Sea  Areas  A1  and  A2. 
 *  *  *  *  * 
 (a)  *  *  *  *  * 
 (3)  *  *  *  *  * 
 (i)  Through  the  polar  orbiting  satellite  service  on  406.0  406.1  MHz  or  the  INMARSAT  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6), 


 either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated)  (NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to 
 terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center);  or 


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


   80.1091  Ship  radio  equipment  Sea  Areas  A1,  A2,  and  A3. 
 (a)  *  *  *  *  * 
 (1)  *  *  *  *  * 
 (i)  Transmitting  and  receiving  distress  and  safety  data  communications; 
 *  *  *  *  * 
 (4)  *  *  *  *  * 
 (i)  Through  the  polar  orbiting  satellite  service  on  406.0  406.1  MHz  or  the  INMARSAT  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6), 


 either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated)  (NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to 
 terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center);  or 


 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (3)  *  *  *  *  * 
 (ii)  Through  the  INMARSAT  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6),  either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote 


 activation  from,  the  position  from  which  the  ship  is  normally  navigated)  (NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress 
 signals  from  INMARSAT-  E  EPIRB  stations  will  not  be  received  by  any  Rescue  Coordination  Center);  or 
 *  *  *  *  * 
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 58.  Section  80.1095  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.1095  Survival  craft  equipment. 
 (a)  At  least  three  two-  way  VHF  radiotelephone  apparatus  must  be  provided  on  every  passenger  ship  and  on  every  cargo  ship  of  500  tons  gross  tonnage  and  upwards.  At  least  two  two-  way  VHF 


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


 *  *  *  *  * 
 59.  Section  80.1101  is  amended  by  revising  paragraphs  (b)(  4),  (b)(  5),  (c)(  2)(  ii),  (c)(  3)(  ii),  (c)(  4)(  ii),  (c)(  5)(  iii),  (c)(  7)(  i),  (c)(  13)(  ii),  (c)(  13)(  iii),  (c)(  13)(  iv),  (c)(  13)(  v),  (c)(  13)(  ix),  (d)(  3),  and  (d)(  4), 


 and  adding  paragraphs  (c)(  2)(  iii),  (c)(  3)(  iii),  (c)(  4)(  iii),  (c)(  11)  and  (c)(  13)(  x)  to  read  as  follows: 
   80.1101  Performance  standards. 
 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (4)  IEC  60092-  101,  Electrical  installations  in  ships    Part  101:  Definitions  and  general  requirements,  August  2002. 


 (5)  IEC  60533,  Electrical  and  electronic  installations  in  ships    Electromagnetic  compatibility,  November  1999. 
 *  *  *  *  * 
 (c)  *  *  *  *  * 
 (2)  *  *  *  *  * 
 (ii)  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004. 


 (iii)  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004. 
 (3)  *  *  *  *  * 
 (ii)  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004. 


 (iii)  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004. 
 (4)  *  *  *  *  * 
 (ii)  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  System  for  Use  in  the  Maritime  Mobile  Service,  with  Annexes  1  and  2,  2004. 


 (iii)  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004. 
 (5)  *  *  *  *  * 
 (iii)  ITU-  R  Recommendation  M.  633  3,  Transmission  characteristics  of  a  satellite  emergency  position-  indicating  radiobeacon  (satellite  EPIRB)  system  operating  through  a  low  polar-  orbiting  satellite 


 system  in  the  406  MHz  band,  2000. 
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 *  *  *  *  * 
 (7)  Two-  way  VHF  radiotelephone:  IMO  Resolution  A.  762(  18),  Performance  standards  for  survival  craft  two-  way  VHF  radiotelephone  apparatus,  November  4,  1993. 


 *  *  *  *  * 
 (11)  INMARSAT  E  EPIRBs:  [NOTE:  Service  to  INMARSAT-  E  EPIRB  stations  is  scheduled  to  terminate  on  December  1,  2006,  after  which  time  distress  signals  from  INMARSAT-  E  EPIRB  stations 


 will  not  be  received  by  any  Rescue  Coordination  Center.]  (i)  IMO  Resolution  A.  812(  19),  Performance  Standards  for  Float-  Free  Satellite  EPIRBs  Operating  Through  the  Geostationary  INMARSAT  Satellite 
 System  on  1.6  GHz,  adopted  23  November  1995,  and  Annex,  Recommendation  on  Performance. 
 (ii)  IMO  Resolution  A.  662(  16),  Performance  Standards  for  Float-  Free  Release  and  Activation  Arrangements  for  Emergency  Radio  Equipment,  with  Annex,  adopted  19  October  1989. 


 (iii)  Recommendation  ITU  R  M.  632  3,  Transmission  Characteristics  of  a  Satellite  Emergency  Position  Indicating  Radio  Beacon  (Satellite  EPIRB)  System  Operating  Through  Geostationary  Satellites 
 in  the  1.6  GHz  Band,  1997. 
 (iv)  IEC  61097  5,  First  Edition  Global  maritime  distress  and  safety  system  (GMDSS)  Part  5:  Inmarsat  E  Emergency  position  indicating  radio  beacon  (EPIRB)  operating  through  the  Inmarsat 


 system  operational  and  performance  requirements,  methods  of  testing  and  required  test  results,  including  Annexes  A,  B,  and  C,  1997. 


 (v)  The  INMARSAT  E  EPIRBs  must  also  comply  with    80.1063. 
 *  *  *  *  * 
 (13)  *  *  *  *  * 
 (ii)  IEC  61097  3  Ed  1.0,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  3:  Digital  selective  calling  (DSC)  equipment    Operational  and  performance  requirements,  methods  of 


 testing  and  required  testing  results,  with  Annexes,  June  1994. 
 (iii)  IEC  61097  4  Ed  1.0,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  4:  INMARSAT-  C  Ship  Earth  Station  and  INMARSAT  enhanced  group  call  (EGC)  equipment    Operational 


 and  performance  requirements,  methods  of  testing  and  required  test  results,  November  1994. 
 (iv)  IEC  61097  6,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  6:  Narrowband  direct-  printing  telegraph  equipment  for  the  reception  of  navigational  and  meteorological  warnings  and 


 urgent  information  to  ships  (NAVTEX)    Operational  and  performance  requirements,  methods  of  testing  and  required  test  results,  February  1995. 


 (v)  IEC  61097  7,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  7:  Shipborne  VHF  radiotelephone  transmitter  and  receiver    Operational  and  performance  requirements,  methods  of 
 testing  and  required  test  results,  October  1996. 
 *  *  *  *  * 
 (ix)  IEC  61097  12  Ed  1.0,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  12:  Survival  craft  portable  two-  way  VHF  radiotelephone  apparatus    Operational  and  performance 


 requirements,  methods  of  testing  and  required  test  results,  December  1996. 
 (x)  IEC  61097  13  Ed  1.0,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  13:  Inmarsat  F77  ship  earth  station  equipment    Operational  and  performance  requirements,  methods  of 


 testing  and  required  test  results,  May  2003. 
 (d)  *  *  *  *  * 
 (3)  IEC  publications  can  be  purchased  from  the  International  Electrotechnical  Commission,  3  Rue  de  Varembe,  CH  1211  Geneva  20,  Switzerland,  or  from  the  American  National  Standards  Institute 
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 (ANSI)  through  its  NSSN  operation  (www.  nssn.  org),  at  Customer  Service,  American  National  Standards  Institute,  25  West  43rd  Street,  New  York,  NY  10036,  telephone  (212)  642  4900. 
 (4)  ISO  Standards  can  be  purchased  from  the  International  Organization  for  Standardization,  1  Rue  de  Varembe,  CH  1211  Geneva  20,  Switzerland,  or  from  the  American  National  Standards  Institute 
 (ANSI)  through  its  NSSN  operation  (www.  nssn.  org),  at  Customer  Service,  American  National  Standards  Institute,  25  West  43rd  Street,  New  York,  NY  10036,  telephone  (212)  642  4900. 


 *  *  *  *  * 
 60.  Section  80.1103  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   80.1103  Equipment  authorization. 
 *  *  *  *  * 
 (c)  Applicants  for  verification  must  attest  that  the  equipment  complies  with  performance  standards  as  specified  in    80.1101  and,  where  applicable,  that  measurements  have  been  made  that 


 demonstrate  the  necessary  compliance.  Submission  of  representative  data  demonstrating  compliance  is  not  required  unless  requested  by  the  Commission.  An  application  must  include  the  items  listed  in 
   2.953  and  2.955  of  this  chapter  and  a  copy  of  the  type-  approval  certification  indicating  that  equipment  meets  GMDSS  standards  and  includes  all  peripheral  equipment  associated  with  the  specific  unit  under 
 review. 
 *  *  *  *  * 
 61.  Section  80.1113  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
   80.1113  Transmission  of  a  distress  alert. 
 *  *  *  *  * 
 (b)  The  format  of  distress  calls  and  distress  messages  must  be  in  accordance  with  ITU-  R  Recommendation  M.  493  11,  Digital  Selective-  calling  system  for  use  in  the  Maritime  Mobile  Service, 


 with  Annexes  1  and  2,  2004,  and  ITU-  R  Recommendation  M.  541  9,  Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004,  as 
 specified  in  80.1101.  ITU-  R  Recommendation  M.  493  11,  with  Annexes  1  and  2,,  and  ITU-  R  Recommendation  M.  541-  9,  with  Annexes,  2004,  are  incorporated  by  reference.  The  Director  of  the 
 Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications  Commission,  445 
 12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this  material  at  NARA,  call  202 
 741  6030,  or  go  to:  http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R 
 Recommendation  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des  Nations,  CH  1211  Geneva  20,  Switzerland. 


 *  *  *  *  * 
 62.  Section  80.1117  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.1117  Procedure  for  receipt  and  acknowledgement  of  distress  alerts. 
 (a)  Normally,  distress  calls  received  using  digital  selective  calling  are  only  acknowledged  using  a  DSC  acknowledgement  by  a  coast  station.  Ships  should  delay  any  acknowledgement  in  order  to  give 


 sufficient  time  for  a  coast  station  to  acknowledge  the  call.  In  cases  where  no  acknowledgement  has  been  heard  and  no  distress  traffic  has  been  heard,  the  ship  should  transmit  a  distress  alert  relay  to  the  coast 
 station.  Upon  advice  from  the  Rescue  Coordination  Center,  the  ship  may  transmit  a  DSC  acknowledgement  call  to  stop  it  from  being  repeated.  Acknowledgement  by  digital  selective  calling  of 
 receipt  of  a  distress  alert  in  the  terrestrial  services  must  comply  with  ITU-  R  Recommendation  M.  541  9, 
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 Operational  Procedures  for  the  Use  of  Digital  Selective-  Calling  Equipment  in  the  Maritime  Mobile  Service,  with  Annexes,  2004.  ITU-  R  Recommendation  M.  541  9  with  Annexes  is  incorporated  by 
 reference.  The  Director  of  the  Federal  Register  approves  this  incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  this  standard  can  be  inspected  at  the  Federal 
 Communications  Commission,  445  12th  Street,  SW.,  Washington,  DC  (Reference  Information  Center)  or  at  the  National  Archives  and  Records  Administration  (NARA).  For  information  on  the  availability  of  this 
 material  at  NARA,  call  202  741  6030,  or  go  to:  http://  www.  archives.  gov/  federal_  register/  code_  of_  federal_  regulations/  ibr_  locations.  html.  The  ITU-  R 
 Recommendation  can  be  purchased  from  the  International  Telecommunication  Union  (ITU),  Place  des  Nations,  CH  1211  Geneva  20,  Switzerland. 


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


   80.1123  Watch  requirements  for  ship  stations. 
 *  *  *  *  * 
 (c)  Every  ship  while  at  sea  must  maintain,  when  practicable,  a  continuous  listening  watch  on  VHF  Channel  16.  This  watch  must  be  kept  at  the  position  from  which  the  ship  is  normally  navigated  or  at 


 a  position  which  is  continuously  manned. 
 *  *  *  *  * 
 64.  Section  80.1125  is  amended  by  revising  paragraph  (j)(  6)  to  read  as  follows: 
   80.1125  Search  and  rescue  coordinating  communications. 
 *  *  *  *  * 
 (j)  *  *  *  *  * 
 (6)  The  name  and  call  sign  of  the  mobile  station  which  was  in  distress;  and 
 *  *  *  *  * 
 65.  Section  80.1153  is  amended  to  read  as  follows: 
   80.1153  Station  log  and  radio  watches. 
 (a)  Licensees  of  voluntary  ships  are  not  required  to  maintain  radio  station  logs. 
 (b)  When  a  ship  radio  station  of  a  voluntary  ship  is  being  operated,  the  appropriate  general  purpose  watches  must  be  maintained  in  accordance  with    80.  147  and  80.310. 
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 APPENDIX  C 
 Final  Regulatory  Flexibility  Analysis 


 (Third  Report  and  Order  in  WT  Docket  No.  00-  48) 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  323  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  was  incorporated  in  the  Second  Further  Notice  of  Proposed  Rule 


 Making  (Second  Further  Notice)  in  this  proceeding.  324  The  Commission  sought  written  public  comment  on  the  proposals  in  the  Second  Further  Notice,  including  comment  on  the  IRFA.  This  present  Final 
 Regulatory  Flexibility  Analysis  (FRFA)  conforms  to  the  RFA.  325 
 A.  Need  for,  and  Objectives  of,  the  Third  Report  and  Order 
 The  rules  adopted  in  the  Third  Report  and  Order  are  intended  to  streamline,  consolidate  and  clarify  the  Commissions  Part  80  rules;  remove  unnecessary  or  duplicative  requirements;  address  new 
 international  maritime  requirements;  promote  flexibility  and  efficiency  in  the  use  of  marine  radio  equipment;  and  further  maritime  safety.  Specifically,  in  the  Third  Report  and  Order  the  Commission  (a) 
 requires  that  DSC  equipment  comply  with  the  most  recent  international  standards  for  such  equipment;  326  (b)  adds  the  INMARSAT  Fleet  F77  earth  station  to  the  list  of  ship  earth  stations  that  may  be  carried  in 
 lieu  of  a  single  sideband  radio  by  vessels  operating  more  than  100  nautical  miles  from  shore;  327  (c)  expands  the  types  of  small  passenger  vessels  that  are  required  to  carry  a  reserve  power  supply;  328  (d) 
 extends  the  license  terms  of  GMDSS  Radio  Operators  Licenses,  Restricted  GMDSS  Radio  Operators  Licenses,  GMDSS  Radio  Maintainer  Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio 
 Operator  Permits  from  five  years  to  the  lifetime  of  the  holder;  329  (e)  modifies  the  requirement  that  commercial  operator  license  examination  (COLE)  managers  use  only  the  most  recent  question  pool 
 available  to  the  public;  330  (f)  removes  regulatory  language  specifying  the  specific  number  of  questions  to  be  used  for  each  examination  element;  331  (f)  adopts  rules  authorizing  COSPAS-  SARSAT  and 
 INMARSAT  D+  equipment  for  use  in  the  Ship  Security  Alert  System;  332  (g)  updates  references  to  international  standards;  333  (h)  makes  certain  on-  board  frequencies  available  for  narrowband  operations;  334 
 (i)  permits  remote  control  programming  of  maritime  radio  transmitters;  335  (j)  declines  to  eliminate 
 323  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601  612,  has  been  amended  by  the  Small  Business  Regulatory 
 Enforcement  Fairness  Act  of  1996  (SBREFA),  Pub.  L.  No.  104-  121,  Title  II,  110  Stat.  857  (1996).  324 
 See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Second  Report  and  Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No. 


 00-  48,  19  FCC  Rcd  3120,  3205-  10  (2004)  (Second  Further  Notice).  325 
 See  5  U.  S.  C.    604.  326 
 See  paras.  27-  29,  supra.  327 
 See  para.  31,  supra.  328 
 See  paras.  35-  37,  supra.  329 
 See  para.  41,  supra.  330 
 See  id.  331 
 See  id.  332 
 See  paras.  43-  44,  supra.  333 
 See  para.  45,  supra.  334 
 See  id.  335 
 See  para.  47,  supra. 
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 emission  designators  on  non-  distress  frequencies;  336  (k)  declines  to  remove  rules  pertaining  to  Morse  code  radiotelegraphy;  337  (l)  declines  to  take  action  on  certain  proposals  regarding  frequency  allotments  and 
 limitations  for  ship  facsimile  communications,  radiotelephone  public  correspondence  communications,  and  private  maritime  communications;  338  and  (m)  adopts  a  number  of  non-  substantive  amendments  to 
 update  and  clarify  the  maritime  radio  service  rules  and  correct  typographical  errors.  339 
 B.  Summary  of  Significant  Issues  Raised  by  Public  Comments  in  Response  to  the  IRFA 
 No  comments  were  submitted  specifically  in  response  to  the  IRFA.  However,  some  commenters  raised  concerns  about  the  effect  that  two  of  the  rule  changes  might  have  on  small  entities.  Specifically, 
 the  Passenger  Vessel  Association  (PVA)  and  the  North  Pacific  Marine  Radio  Council  (NPMRC)  expressed  concern  about  the  burden  on  small  entities  of  being  required  to  comply  with  the  more  rigorous 
 international  standards  that  have  been  developed  for  digital  selective  calling  (DSC)  radio  equipment.  340  In  addition,  the  National  Marine  Charter  Association  (NMCA)  and  PVA  expressed  concern  about  the 
 burden  of  having  to  carry  a  reserve  power  supply  on  small  entities  who  own  or  operate  small  passenger  vessels  of  less  than  100  gross  tons.  341  We  have  considered  the  potential  economic  impact  on  small 
 entities  of  these  rules  and  the  other  rules  discussed  in  the  IRFA,  and  we  have  considered  alternatives  that  would  reduce  the  potential  economic  impact  on  small  entities  of  the  rules  enacted  herein,  regardless  of 
 whether  the  potential  economic  impact  was  discussed  in  any  comments.  342 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  Rules  Will  Apply 


 The  RFA  directs  agencies  to  provide  a  description  of  and,  where  feasible,  an  estimate  of  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  343  The  RFA  defines  the 
 term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  344  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  345  A  small  business  concern  is  one  which  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any 
 additional  criteria  established  by  the  Small  Business  Administration  (SBA).  346 
 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF),  medium  frequency  (MF),  or  high  frequency  (HF)  radio,  any  type  of  emergency  position  indicating 


 336  See  para.  48,  supra. 
 337  See  para.  49,  supra. 
 338  See  para.  50,  supra. 
 339  See  paras.  52-  67,  supra. 
 340  See  paras.  28-  29,  supra,  (citing,  inter  alia,  PVA  Comments  at  3;  NPMRC  Comments  at  1;  NPMRC  Reply 
 Comments  at  1).  341 
 See  paras.  36-  37,  supra,  (citing,  inter  alia,  NMCA  ex  parte  presentation  and  PVA  Comments  at  1-  3).  342 
 See  paras.  37-  39,  supra.  343 
 5  U.  S.  C.    603(  b)(  3).  344 
 Id.    601(  6).  345 
 Id.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  15  U.  S.  C.    632).  Pursuant  to  the  RFA,  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of 


 Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the 
 Federal  Register.  Id.    601(  3).  346 
 Small  Business  Act,  15  U.  S.  C.    632  (1996). 
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 radio  beacon  (EPIRB)  and/  or  radar,  an  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these 
 small  businesses.  For  purposes  of  this  FRFA,  therefore,  the  applicable  definition  of  small  entity  is  the  definition  under  the  SBA  rules  applicable  to  wireless  telecommunications.  Pursuant  to  this  definition,  a 
 small  entity  for  purposes  of  the  ship  station  licensees,  public  coast  station  licensees,  or  other  marine  radio  users  that  may  be  affected  by  these  rules,  is  any  entity  employing  1,500  of  fewer  persons.  13  C.  F.  R. 
   121.201  (NAICS  Code  517212). 
 Nationwide,  there  are  a  total  of  approximately  22.4  million  small  businesses,  according  to  SBA  data.  347  A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently  owned 
 and  operated  and  is  not  dominant  in  its  field.  348  Nationwide,  as  of  2002,  there  were  approximately  1.6  million  small  organizations.  349  The  term  small  governmental  jurisdiction  is  defined  generally  as 
 governments  of  cities,  towns,  townships,  villages,  school  districts,  or  special  districts,  with  a  population  of  less  than  fifty  thousand.  350  Census  Bureau  data  for  2002  indicate  that  there  were  87,525  local 
 governmental  jurisdictions  in  the  United  States.  351  We  estimate  that,  of  this  total,  84,377  entities  were  small  governmental  jurisdictions.  352  Thus,  we  estimate  that  most  governmental  jurisdictions  are  small. 


 Wireless  Service  Providers.  The  SBA  has  developed  a  small  business  size  standard  for  wireless  firms  within  the  two  broad  economic  census  categories  of  "Paging"  353  and  "Cellular  and  Other  Wireless 
 Telecommunications."  354  Under  both  categories,  the  SBA  deems  a  wireless  business  to  be  small  if  it  has  1,500  or  fewer  employees.  For  the  census  category  of  Paging,  Census  Bureau  data  for  2002  show  that 
 there  were  807  firms  in  this  category  that  operated  for  the  entire  year.  355  Of  this  total,  804  firms  had  employment  of  999  or  fewer  employees,  and  three  firms  had  employment  of  1,000  employees  or  more.  356 
 Thus,  under  this  category  and  associated  small  business  size  standard,  the  majority  of  firms  can  be  considered  small.  For  the  census  category  of  Cellular  and  Other  Wireless  Telecommunications,  Census 
 Bureau  data  for  2002  show  that  there  were  1,397  firms  in  this  category  that  operated  for  the  entire  year.  357  Of  this  total,  1,378  firms  had  employment  of  999  or  fewer  employees,  and  19  firms  had  employment  of 


 347  See  SBA,  Programs  and  Services,  SBA  Pamphlet  No.  CO-  0028,  at  page  40  (July  2002). 
 348  5  U.  S.  C.    601(  4). 
 349  Independent  Sector,  The  New  Nonprofit  Almanac  &  Desk  Reference  (2002). 
 350  U.  S.  C.    601(  5). 
 351  U.  S.  Census  Bureau,  Statistical  Abstract  of  the  United  States:  2006,  Section  8,  page  272,  Table  415. 
 352  We  assume  that  the  villages,  school  districts,  and  special  districts  are  small,  and  total  48,  558.  See  U.  S.  Census 
 Bureau,  Statistical  Abstract  of  the  United  States:  2006,  section  8,  page  273,  Table  417.  For  2002,  Census  Bureau  data  indicate  that  the  total  number  of  county,  municipal,  and  township  governments  nationwide  was  38,967,  of 


 which  35,  819  were  small.  Id.  353 
 13  C.  F.  R.    121.  201,  NAICS  code  517211.  354 
 13  C.  F.  R.    121.  201,  NAICS  code  517212.  355 
 U.  S.  Census  Bureau,  2002  Economic  Census,  Subject  Series:  Information,  Establishment  and  Firm  Size  (Including  Legal  Form  of  Organization,  Table  5,  NAICS  code  517211  (issued  Nov.  2005). 


 356  Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of 
 1,500  or  fewer  employees;  the  largest  category  provided  is  for  firms  with  1000  employees  or  more.  357 
 U.  S.  Census  Bureau,  2002  Economic  Census,  Subject  Series:  Information,  Establishment  and  Firm  Size  (Including  Legal  Form  of  Organization,  Table  5,  NAICS  code  517212  (issued  Nov.  2005). 
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 1,000  employees  or  more.  358  Thus,  under  this  second  category  and  size  standard,  the  majority  of  firms  can,  again,  be  considered  small. 
 VHF  Public  Coast  Stations.  Some  of  the  rules  adopted  herein  affect  VHF  public  coast  station  licensees.  The  Commission  has  defined  the  term  small  entity  specifically  applicable  to  public  coast 
 station  licensees  as  any  entity  employing  less  than  1,500  persons,  based  on  the  definition  under  the  Small  Business  Administration  rules  applicable  to  radiotelephone  service  providers.  See  Amendment  of  the 
 Commissions  Rules  Concerning  Maritime  Communications,  Third  Report  and  Order  and  Memorandum  Opinion  and  Order,  13  FCC  Rcd  19853,  19893  (1998)  (citing  13  C.  F.  R.    121.201,  Standard  Industrial 
 Classification  (SIC)  Code  4812,  now  NAICS  Code  513322).  Since  the  size  data  provided  by  the  Small  Business  Administration  do  not  enable  us  to  make  a  meaningful  estimate  of  the  number  of  public  coast 
 station  licensees  that  are  small  businesses,  we  have  used  the  1992  Census  of  Transportation,  Communications,  and  Utilities,  conducted  by  the  Bureau  of  the  Census,  which  is  the  most  recent 
 information  available.  This  document  shows  that  twelve  radiotelephone  firms  out  of  a  total  of  1,178  such  firms  which  operated  in  1992  had  1,000  or  more  employees.  Thus,  we  estimate  that  no  fewer  than  1,166 
 small  entities  will  be  affected. 
 Marine  Radio  Equipment  Manufacturers.  Some  of  the  rules  adopted  herein  may  also  affect  small  businesses  that  manufacture  marine  radio  equipment.  The  Commission  has  not  developed  a  definition  of 
 small  entities  applicable  to  marine  radio  equipment  manufacturers.  Therefore,  the  applicable  definition  is  that  for  Wireless  Communications  Equipment  Manufacturers.  The  Census  Bureau  defines  this  category 
 as  follows:  This  industry  comprises  establishments  primarily  engaged  in  manufacturing  radio  and  television  broadcast  and  wireless  communications  equipment.  Examples  of  products  made  by  these 
 establishments  are:  transmitting  and  receiving  antennas,  cable  television  equipment,  GPS  equipment,  pagers,  cellular  phones,  mobile  communications  equipment,  and  radio  and  television  studio  and 
 broadcasting  equipment.  359  The  SBA  has  developed  a  small  business  size  standard  for  Radio  and  Television  Broadcasting  and  Wireless  Communications  Equipment  Manufacturing,  which  is:  all  such 
 firms  having  750  or  fewer  employees.  360  According  to  Census  Bureau  data  for  2002,  there  were  a  total  of  1,041  establishments  in  this  category  that  operated  for  the  entire  year.  361  Of  this  total,  1,010  had 
 employment  of  under  500,  and  an  additional  13  had  employment  of  500  to  999.  362  Thus,  under  this  size  standard,  the  majority  of  firms  can  be  considered  small. 


 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements  for  Small  Entities 
 In  the  Third  Report  and  Order,  we  adopt  two  rule  amendments  that  may  affect  reporting, 
 358  Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of 
 1,500  or  fewer  employees;  the  largest  category  provided  is  for  firms  with  1000  employees  or  more.  359 
 U.  S.  Census  Bureau,  2002  NAICS  Definitions,  334220  Radio  and  Television  Broadcasting  and  Wireless  Communications  Equipment  Manufacturing;  http://  www.  census.  gov/  epcd/  naics02/  def/  NDEF334.  HTM#  N3342. 


 360  13  C.  F.  R.    121.  201,  NAICS  code  334220. 
 361  U.  S.  Census  Bureau,  American  FactFinder,  2002  Economic  Census,  Industry  Series,  Industry  Statistics  by 
 Employment  Size,  NAICS  code  334220  (released  May  26,  2005);  http://  factfinder.  census.  gov.  The  number  of  establishments  is  a  less  helpful  indicator  of  small  business  prevalence  in  this  context  than  would  be  the  number  of 


 firms  or  companies,  because  the  latter  take  into  account  the  concept  of  common  ownership  or  control.  Any  single  physical  location  for  an  entity  is  an  establishment,  even  though  that  location  may  be  owned  by  a  different 
 establishment.  Thus,  the  numbers  given  may  reflect  inflated  numbers  of  businesses  in  this  category,  including  the  numbers  of  small  businesses.  In  this  category,  the  Census  breaks-  out  data  for  firms  or  companies  only  to  give  the 
 total  number  of  such  entities  for  2002,  which  was  929.  362 
 Id.  An  additional  eighteen  establishments  had  employment  of  1,000  or  more. 
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 recordkeeping  and  other  compliance  requirements  for  small  entities.  363  First,  we  amend  Section  80.225  of  the  Rules  364  to  require  that  DSC  equipment  comply  with  more  rigorous  technical  standards  adopted  by 
 international  bodies,  ITU-  R  Recommendation  M.  493-  11,  ITU-  R  Recommendation  M.  541-  9,  and,  in  the  case  of  Class  D  DSC  radio  equipment,  IEC  62238.  365  This  rule  amendment  could  affect  small  entities  that 
 manufacture  DSC  equipment  or  that  own  or  operate  vessels  required  to  carry  DSC  equipment.  Second,  we  amend  Section  80.917  of  the  Rules  366  to  extend  a  pre-  existing  requirement  for  carriage  of  a  reserve  power 
 supply  367  to  (a)  small  passenger  vessels  of  less  than  100  gross  tons  that  carry  more  than  150  passengers  or  have  overnight  accommodations  for  more  than  forty-  nine  persons,  and  (b)  small  passenger  vessels  of  less 
 than  100  gross  tons  that  operate  on  the  high  seas  or  more  than  three  miles  from  shore  on  Great  Lakes  voyages.  368  This  extension  of  the  reserve  power  supply  requirement  could  affect  small  entities  that  own  or 
 operate  small  passenger  vessels  newly  subject  to  the  requirement. 
 In  the  IRFA  accompanying  the  Second  Further  Notice,  we  specifically  identified  each  of  the  above  rule  amendments  as  potentially  affecting  reporting,  recordkeeping  and  other  compliance 


 requirements,  and  specifically  requested  comment  on  the  economic  impact  of  these  changes.  369 
 E.  Steps  Taken  to  Minimize  the  Significant  Economic  Impact  on  Small  Entities,  and  Significant  Alternatives  Considered 


 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  developing  its  approach,  which  may  include  the  following  four  alternatives  (among  others):  (  1)  the 
 establishment  of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance 
 and  reporting  requirements  under  the  rule  for  such  small  entities;  (3)  the  use  of  performance  rather  than  design  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  such  small 
 entities.  370 
 Although  we  received  no  comments  specifically  addressed  to  the  IRFA  for  the  Second  Further  Notice,  we  have  considered  all  comments  to  the  Second  Further  Notice  addressing  the  impact  of  any 


 proposed  change  on  small  entities  and  all  suggestions  for  alternative  measures  that  would  have  a  less  significant  impact  on  small  entities.  Moreover,  even  where  we  received  no  comments  of  this  nature  with 
 regard  to  a  particular  new  requirement,  we  considered  the  potential  impact  of  the  requirement  on  small  entities,  and  considered  alternatives.  As  noted  above,  we  have  identified  two  new  requirements  that  may 
 affect  reporting,  recordkeeping  and  other  compliance  requirements  for  small  entities.  We  discuss  both  of  these  new  requirements  adopted  in  the  Third  Report  and  Order,  and  relevant  alternatives,  below. 


 In  determining  to  adopt  more  stringent  requirements  for  DSC  radio  equipment,  we  carefully  considered  the  impact  of  such  action  on  small  entities  that  manufacture  or  use  such  equipment.  We 
 ultimately  concluded  that  we  should  not  exempt  any  entities  from  compliance  with  the  new  DSC  technical 
 363  We  discuss  here  those  two  rule  amendments  that  impose  new  or  additional  requirements.  The  other  decisions 
 adopted  in  the  Third  Report  and  Order  remove  or  relax  existing  requirements,  or  do  not  change  existing  requirements. 


 364  47  C.  F.  R.    80.225. 
 365  See  paras.  27-  29,  supra. 
 366  See  47  C.  F.  ER.    80.  917. 
 367  Prior  to  this  amendment,  the  reserve  power  supply  requirement  was  imposed  only  on  small  passenger  vessels  of 
 more  than  100  gross  tons.  368 
 See  para.  37,  supra.  369 
 See  Second  Further  Notice,  19  FCC  Rcd  at  3207-  08.  370 
 5  U.  S.  C.    603(  c)(  1)-(  4). 
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 standards  because  indefinite  reliance  on  equipment  meeting  the  old  standards  could  jeopardize  the  safety  not  only  of  passengers  and  crew  on  vessels  using  such  equipment  but  also  passengers  and  crew  on  other 
 vessels.  371  In  addition  to  the  undisputed  safety  benefits  of  DSC  equipment  meeting  the  new  standards,  we  took  into  account  record  evidence  indicating  that  the  cost  of  such  equipment  is  not  excessive.  Three 
 commenters  responded  to  the  Commissions  request  for  information  on  the  compliance  costs  of  this  requirement,  and  their  consensus  view  is  that  the  retail  cost  of  DSC  equipment  meeting  the  new  standards  is 
 not  more  than  $200,  which  is  less  than  what  DSC  equipment  meeting  the  earlier  SC101  standard  was  retailing  for  just  a  few  years  ago.  372  Moreover,  we  have  provided  affected  entities  with  significant  relief 
 through  a  phase-  in  of  the  new  requirements  plus  grandfathering  protections.  Specifically,  the  Commission  will  continue  to  accept  applications  for  certification  of  non-  handheld  DSC  equipment  meeting  the  SC101 
 standard  until  one  year  after  the  effective  date  of  these  rule  amendments.  373  In  addition,  the  Commission  will  continue  to  accept  applications  for  certification  of  handheld  DSC  equipment  meeting  the  SC101 
 standard  for  a  full  four  years  after  the  effective  date  of  the  new  rules.  374  With  respect  to  grandfathering  protection,  we  are  permitting  the  continued  manufacture,  importation,  sale  and  installation  of  non-  handheld 
 SC101  radio  equipment  until  three  years  after  the  effective  of  the  new  rules,  and  the  continued  manufacture,  importation  and  sale  of  SC101  handheld  units  until  seven  years  after  the  effective  date.  375  Finally,  we  are 
 grandfathering  indefinitely  the  use  of  any  DSC  equipment  that  was  properly  certified  under  the  SC101  standard  and  placed  in  service  prior  to  the  expiration  of  the  applicable  three-  year  or  seven-  year 
 grandfathering  period;  such  equipment,  therefore,  may  continue  to  be  used  until  the  end  of  its  useful  life.  376  We  conclude  that  these  measures  effectively  mitigate  the  burden  on  small  entities  of  complying  with  the 
 new  DSC  standards,  reasonably  further  the  goals  of  the  RFA,  and  allow  a  resolution  of  this  matter  that  fairly  balances  the  public  interest  in  maritime  safety  with  the  public  interest  in  reducing  regulatory  burdens  on 
 small  entities. 
 We  also  carefully  considered  the  impact  on  small  entities  of  expanding  the  Section  80.  917  requirement  to  carry  a  reserve  power  supply  to  additional  classes  of  small  passenger  vessels.  377  We  have 


 decided  to  expand  this  requirement  because  we  believe  that  a  reserve  power  supply  can  make  a  life-  or-death  difference  for  passengers  and  crew  on  board  a  passenger  vessel  in  distress.  378  We  also  have 


 371  See  para.  27,  supra,  discussing  the  enhanced  safety  features  of  equipment  meeting  the  new  standards.  A  vessel 
 using  equipment  that  does  not  conform  to  the  new  standards  might  not  hear  distress  calls  from  other  vessels  if  the  receiver  is  in  use  for  another  call.  However,  the  new  IEC  62238  standard  requires  two-  receiver  functionality  to 


 rectify  that  problem.  Thus,  the  continued  use  of  equipment  that  does  not  comply  with  the  new  standard  could  endanger  not  only  the  vessel  on  which  that  equipment  is  used,  but  also  other  vessels.  In  sum,  the  safety  of  the  entire 
 maritime  community  would  be  diminished  if  some  classes  of  vessels  were  permanently  exempted  from  the  new  DSC  equipment  standards. 
 372  See  para.  28,  supra. 
 373  See  para.  29,  supra.  Although  other  commenters,  including  the  Coast  Guard,  recommended  that  certification  of 
 new  non-  handheld  DSC  radios  terminate  ninety  days  after  the  effective  date  of  these  amendments,  and  another  commenter  recommended  a  six-  month  period,  we  have  adopted  the  more  lenient  one-  year  transition  period 


 advocated  by  NPMRC,  to  better  ensure  that  manufacturers  investment  in  the  design  and  manufacture  of  SC101  radios  is  not  stranded  and  to  also  ease  the  potential  compliance  burden  on  vessel  operators  and  owners.  Id. 
 374  Id.  A  longer  transition  period  and  a  longer  period  of  grandfathering  protection  is  warranted  for  handheld 
 equipment  because  of  the  greater  design  challenges  involved  in  incorporating  additional  safety  features  in  units  of  smaller  size.  Id. 


 375  Id. 
 376  Id. 
 377  See  47  C.  F.  R.    80.  917;  paras.  35-  37,  supra. 
 378  See  para.  35,  supra.  As  explained  in  the  Third  Report  and  Order,  without  a  reserve  power  supply,  a  small 
 passenger  vessel  may  be  unable  to  communicate  via  radiotelephone  with  search  and  rescue  personnel  in  an  emergency,  and  that  inability  to  communicate  could  jeopardize  the  safety  of  those  on  board.  Id. 
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 considered  whether  there  are  less  costly  alternatives  to  a  reserve  power  supply  that  would  be  equally  effective  in  addressing  this  safety  concern.  We  conclude  that  no  such  less  costly  alternatives  exist.  379 
 However,  in  the  interest  of  minimizing  regulatory  burdens  on  small  entities,  such  as  small  charter  boat  operators,  that  own  and  operate  small  passenger  vessels,  we  are  not  expanding  the  requirement  to  all  small 
 passenger  vessels,  although  we  did  consider  that  option.  380  Instead,  we  are  expanding  the  reserve  power  supply  requirement  to  those  vessels  where  it  will  provide  potentially  the  greatest  value  in  terms  of  maritime 
 safety    vessels  with  a  relatively  large  passenger  capacity  and  vessels  that  travel  relatively  great  distances  from  shore    and  where  the  costs  can  most  readily  be  absorbed.  Specifically  we  are  extending  the  reserve 
 power  supply  requirement  to  (a)  small  passenger  vessels  of  less  than  100  gross  tons  that  carry  more  than  150  passengers  or  have  overnight  accommodations  for  more  than  forty-  nine  persons;  381  and  (b)  small 
 passenger  vessels  of  less  than  100  gross  tons  that  carry  not  more  than  150  passengers  or  have  overnight  accommodations  for  not  more  than  forty-  nine  persons,  382  and  that  are  required  to  carry  EPIRBs  under  the 
 Coast  Guards  Navigation  and  Vessel  Inspection  Circular  No.  3-  99,  i.  e.,  that  operate  on  the  high  seas  or  more  than  three  miles  from  shore  on  Great  Lakes  voyages.  383  We  believe  that  this  rule  adequately 
 addresses  the  concerns  of  NMCA  and  PVA  that  a  reserve  power  supply  requirement  not  be  imposed  on  the  smallest  of  small  passenger  vessels,  such  as  small  charter  fishing  boats,  that  remain  relatively  close  to 
 shore  and  generally  carry  only  a  few  passengers  at  a  time.  384  In  fact,  this  resolution  was  proposed  by  PVA.  385  In  addition,  this  approach  appropriately  takes  into  account  a  vessels  passenger  capacity  and  area 
 of  operation  in  weighing  the  costs  and  benefits  of  imposing  the  reserve  power  supply  requirement.  We  are  persuaded  by  the  Coast  Guards  endorsement  of  this  approach,  386  moreover,  that  it  gives  appropriate 
 weight  to  the  interest  in  maritime  safety  at  the  same  time  that  it  furthers  the  goals  of  the  RFA.  Finally,  to  further  mitigate  the  burden  on  the  owners  and  operators  of  small  passenger  vessels  newly  subject  to  the 
 reserve  power  supply  requirement,  we  provide  them  with  up  to  one  year  after  the  effective  date  of  this  rule  amendment  to  install  the  requisite  reserve  power  supply.  387 


 F.  Report  to  Congress 
 The  Commission  will  send  a  copy  of  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48,  including  the  Final  Regulatory  Flexibility  Analysis,  in  a  report  to  be  sent  to  Congress  and  the 


 Congressional  Budget  Office  pursuant  to  the  Congressional  Review  Act.  388  In  addition,  the  Commission  will  send  a  copy  of  the  Third  Report  and  Order  in  WT  Docket  No.  00-  48,  including  the  Final  Regulatory 
 Flexibility  Analysis,  to  the  Chief  Counsel  for  Advocacy  of  the  SBA.  A  copy  of  the  Third  Report  and 


 379  Id. 
 380  See  para.  37,  supra.  Such  a  result  could  be  accomplished  simply  by  removing  the  tonnage  limitation  that  is  now 
 set  forth  in  Section  80.  917,  47  C.  F.  R.    80.  917(  a).  381 
 This  is  the  class  of  vessels  subject  to  subchapter  K  of  the  Coast  Guard  regulations,  46  C.  F.  R.    114.100-122.910. 


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


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


 384  See  para.  37,  supra. 
 385  See  PVA  Comments  at  1-  2. 
 386  See  USCG  Reply  Comments  at  3. 
 387  See  para.  38,  supra. 
 388  See  5  U.  S.  C.    801(  a)(  1)(  A). 
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 Order  in  WT  Docket  No.  00-  48  and  the  Final  Regulatory  Flexibility  Analysis  (or  summaries  thereof)  will  also  be  published  in  the  Federal  Register.  389 
 389  See  id.    604(  b). 
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 APPENDIX  D 
 Initial  Regulatory  Flexibility  Analysis 


 (Third  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48) 
 As  required  by  the  Regulatory  Flexibility  Act  (RFA),  390  the  Commission  has  prepared  this  present  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  significant  economic  impact  on  small 


 entities  by  the  policies  and  rules  proposed  in  the  Third  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48  (Third  Further  Notice).  Written  public  comments  are  requested  on  this  IRFA. 
 Comments  must  be  identified  as  responses  to  the  IRFA  and  must  be  filed  by  the  deadlines  for  comments  on  the  Third  Further  Notice  as  provided  in  paragraph  82  of  the  item,  supra.  The  Commission  will  send  a 
 copy  of  the  Third  Further  Notice,  including  the  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  U.  S.  Small  Business  Administration.  391  In  addition,  the  Third  Further  Notice  and  IRFA  (or  summaries 
 thereof)  will  be  published  in  the  Federal  Register.  392 
 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules 
 In  the  Third  Further  Notice,  we  seek  comment  on  rule  amendments  that  are  intended  to  enhance  maritime  safety,  promote  the  efficient  use  of  the  maritime  radio  spectrum,  and,  to  the  extent  consistent 
 with  these  first  two  objectives,  remove  unnecessary  regulatory  burdens.  We  also  seek  to  conform  the  Commissions  Part  80  rules  with  international  standards  where  doing  so  will  not  undermine  domestic 
 regulatory  objectives.  In  the  Third  Further  Notice,  we  first  request  comment  on  whether  we  should  remove  Part  80  regulatory  provisions  providing  for  the  certification  and  authorizing  the  use  of 
 INMARSAT-  E  EPIRBs  in  light  of  the  planned  cessation  of  service  to  such  EPIRBs  as  of  December  1,  2006.  393  Second,  we  invite  comment  on  a  Coast  Guard  recommendation  to  require  that  VHF  DSC 
 handheld  radios  include  an  integral  GPS  capability  to  ensure  that  distress  calls  include  accurate  location  information.  394  Third,  we  ask  commenters  to  consider  whether  small  passenger  vessels  that  do  not  have  a 
 reserve  power  supply  should  be  required  to  carry  at  least  one  VHF  marine  radio  transceiver.  395  Fourth,  we  request  comment  on  whether  additional  frequencies  should  be  made  available  for  ship  station 
 facsimile  use,  and  whether  the  Commission  should  permit  the  transmission  of  data  on  VHF  maritime  voice  channels  396  Fifth,  we  request  comment  on  whether  we  should  remove  certain  restrictions  on  the 
 assignment  of  frequencies  to  private  coast  stations  and  marine  utility  stations  in  light  of  the  current  demand  for  such  frequencies.  397  Sixth,  we  solicit  comment  on  updating  the  standards  for  ship  radar 
 equipment.  398  Finally,  we  request  comment  on  the  proposed  addition  of  a  rule  to  Subpart  W  of  Part  80  to 


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


 391  Id.    603(  a). 
 392  See  id. 
 393  See  para.  68,  supra. 
 394  See  paras.  69-  70,  supra. 
 395  See  para.  71,  supra. 
 396  See  para.  72,  supra. 
 397  See  para.  73,  supra. 
 398  See  para.  74,  supra. 
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 clarify  the  continued  applicability  of  a  daily  radiotelephone  testing  requirement  to  GMDSS  vessels  subject  to  Subpart  W.  399 
 B.  Legal  Basis  for  Proposed  Rules 
 The  proposed  action  is  authorized  under  sections  4(  i),  303(  r),  and  332(  a)(  2)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  and  332(  a)(  2). 


 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  To  Which  the  Proposed  Rules  Will  Apply 
 The  RFA  directs  agencies  to  provide  a  description  of  and,  where  feasible,  an  estimate  of  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  400  The  RFA  defines  the 
 term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  401  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  402  A  small  business  concern  is  one  which  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any 
 additional  criteria  established  by  the  Small  Business  Administration  (SBA).  403  A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant 
 in  its  field.  404  Nationwide,  there  are  a  total  of  approximately  22.4  million  small  businesses,  according  to  SBA  data.  405  A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently 
 owned  and  operated  and  is  not  dominant  in  its  field.  406  Nationwide,  as  of  2002,  there  were  approximately  1.6  million  small  organizations.  407  The  term  small  governmental  jurisdiction  is  defined 
 generally  as  governments  of  cities,  towns,  townships,  villages,  school  districts,  or  special  districts,  with  a  population  of  less  than  fifty  thousand.  408  Census  Bureau  data  for  2002  indicate  that  there  were  87,525 
 local  governmental  jurisdictions  in  the  United  States.  409  We  estimate  that,  of  this  total,  84,377  entities  were  small  governmental  jurisdictions.  410  Thus,  we  estimate  that  most  governmental  jurisdictions  are 


 399  See  para.  75,  supra. 
 400  5  U.  S.  C.    603(  b)(  3). 
 401  5  U.  S.  C.    601(  6). 
 402  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  15  U.  S.  C.    632). 
 Pursuant  to  the  RFA,  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment,  establishes  one  or 


 more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register.  5  U.  S.  C.    601(  3). 
 403  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
 404  5  U.  S.  C.    601(  4). 
 405  See  SBA,  Programs  and  Services,  SBA  Pamphlet  No.  CO-  0028,  at  page  40  (July  2002). 
 406  5  U.  S.  C.    601(  4). 
 407  Independent  Sector,  The  New  Nonprofit  Almanac  &  Desk  Reference  (2002). 
 408  5  U.  S.  C.    601(  5). 
 409  U.  S.  Census  Bureau,  Statistical  Abstract  of  the  United  States:  2006,  Section  8,  page  272,  Table  415. 
 410  We  assume  that  the  villages,  school  districts,  and  special  districts  are  small,  and  total  48,  558.  See  U.  S.  Census 
 Bureau,  Statistical  Abstract  of  the  United  States:  2006,  section  8,  page  273,  Table  417.  For  2002,  Census  Bureau  data  indicate  that  the  total  number  of  county,  municipal,  and  township  governments  nationwide  was  38,967,  of 


 which  35,  819  were  small.  Id. 
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 small.  Below,  we  further  describe  and  estimate  the  number  of  small  entity  licensees  and  regulatees  that  may  be  affected  by  adoption  of  rules  discussed  in  the  Third  Further  Notice. 
 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF),  medium  frequency  (MF),  or  high  frequency  (HF)  radio,  any  type  of  emergency  position  indicating 
 radio  beacon  (EPIRB)  and/  or  radar,  an  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these 
 small  businesses.  For  purposes  of  this  IRFA,  therefore,  the  applicable  definition  of  small  entity  is  the  definition  under  the  SBA  rules  applicable  to  wireless  telecommunications.  Pursuant  to  this  definition,  a 
 small  entity  for  purposes  of  the  ship  station  licensees,  public  coast  station  licensees,  or  other  marine  radio  users  that  may  be  affected  by  these  rules,  is  any  entity  employing  1,500  of  fewer  persons.  13  C.  F.  R. 
   121.201  (NAICS  Code  517212). 
 Wireless  Service  Providers.  The  SBA  has  developed  a  small  business  size  standard  for  wireless  firms  within  the  two  broad  economic  census  categories  of  Paging  411  and  Cellular  and  Other  Wireless 
 Telecommunications.  412  Under  both  categories,  the  SBA  deems  a  wireless  business  to  be  small  if  it  has  1,500  or  fewer  employees.  For  the  census  category  of  Paging,  Census  Bureau  data  for  2002  show  that 
 there  were  807  firms  in  this  category  that  operated  for  the  entire  year.  413  Of  this  total,  804  firms  had  employment  of  999  or  fewer  employees,  and  three  firms  had  employment  of  1,000  employees  or  more.  414 
 Thus,  under  this  category  and  associated  small  business  size  standard,  the  majority  of  firms  can  be  considered  small.  For  the  census  category  of  Cellular  and  Other  Wireless  Telecommunications,  Census 
 Bureau  data  for  2002  show  that  there  were  1,397  firms  in  this  category  that  operated  for  the  entire  year.  415  Of  this  total,  1,378  firms  had  employment  of  999  or  fewer  employees,  and  19  firms  had  employment  of 
 1,000  employees  or  more.  416  Thus,  under  this  second  category  and  size  standard,  the  majority  of  firms  can,  again,  be  considered  small. 


 VHF  Public  Coast  Stations.  Some  of  the  rules  adopted  herein  affect  VHF  public  coast  station  licensees.  The  Commission  has  defined  the  term  small  entity  specifically  applicable  to  public  coast 
 station  licensees  as  any  entity  employing  less  than  1,500  persons,  based  on  the  definition  under  the  Small  Business  Administration  rules  applicable  to  radiotelephone  service  providers.  See  Amendment  of  the 
 Commissions  Rules  Concerning  Maritime  Communications,  Third  Report  and  Order  and  Memorandum  Opinion  and  Order,  13  FCC  Rcd  19853,  19893  (1998)  (citing  13  C.  F.  R.    121.201,  Standard  Industrial 
 Classification  (SIC)  Code  4812,  now  NAICS  Code  513322).  Since  the  size  data  provided  by  the  Small  Business  Administration  do  not  enable  us  to  make  a  meaningful  estimate  of  the  number  of  public  coast 
 station  licensees  that  are  small  businesses,  we  have  used  the  1992  Census  of  Transportation,  Communications,  and  Utilities,  conducted  by  the  Bureau  of  the  Census,  which  is  the  most  recent 
 information  available.  This  document  shows  that  twelve  radiotelephone  firms  out  of  a  total  of  1,178  such  firms  which  operated  in  1992  had  1,000  or  more  employees.  Thus,  we  estimate  that  no  fewer  than  1,166 
 small  entities  will  be  affected. 
 411  13  C.  F.  R.    121.  201,  NAICS  code  517211. 
 412  13  C.  F.  R.    121.  201,  NAICS  code  517212. 
 413  U.  S.  Census  Bureau,  2002  Economic  Census,  Subject  Series:  Information,  Establishment  and  Firm  Size 
 (Including  Legal  Form  of  Organization,  Table  5,  NAICS  code  517211  (issued  Nov.  2005).  414 
 Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of  1,500  or  fewer  employees;  the  largest  category  provided  is  for  firms  with  1000  employees  or  more. 


 415  U.  S.  Census  Bureau,  2002  Economic  Census,  Subject  Series:  Information,  Establishment  and  Firm  Size 
 (Including  Legal  Form  of  Organization,  Table  5,  NAICS  code  517212  (issued  Nov.  2005).  416 
 Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of  1,500  or  fewer  employees;  the  largest  category  provided  is  for  firms  with  1000  employees  or  more. 
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 Marine  Radio  Equipment  Manufacturers.  Some  of  the  rules  adopted  herein  may  also  affect  small  businesses  that  manufacture  marine  radio  equipment.  The  Commission  has  not  developed  a  definition  of 
 small  entities  applicable  to  marine  radio  equipment  manufacturers.  Therefore,  the  applicable  definition  is  that  for  Wireless  Communications  Equipment  Manufacturers.  The  Census  Bureau  defines  this  category 
 as  follows:  This  industry  comprises  establishments  primarily  engaged  in  manufacturing  radio  and  television  broadcast  and  wireless  communications  equipment.  Examples  of  products  made  by  these 
 establishments  are:  transmitting  and  receiving  antennas,  cable  television  equipment,  GPS  equipment,  pagers,  cellular  phones,  mobile  communications  equipment,  and  radio  and  television  studio  and 
 broadcasting  equipment.  417  The  SBA  has  developed  a  small  business  size  standard  for  Radio  and  Television  Broadcasting  and  Wireless  Communications  Equipment  Manufacturing,  which  is:  all  such 
 firms  having  750  or  fewer  employees.  418  According  to  Census  Bureau  data  for  2002,  there  were  a  total  of  1,041  establishments  in  this  category  that  operated  for  the  entire  year.  419  Of  this  total,  1,010  had 
 employment  of  under  500,  and  an  additional  13  had  employment  of  500  to  999.  420  Thus,  under  this  size  standard,  the  majority  of  firms  can  be  considered  small. 


 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements 
 We  believe  three  of  the  possible  rule  changes  discussed  in  the  Third  Further  Notice  may  potentially  have  a  direct,  significant  economic  impact  on  a  substantial  number  of  small  entities.  421  As 
 noted,  we  have  requested  comment  on  whether  to  require  GPS  capability  in  VHF-  DSC  handheld  radios,  on  whether  to  require  that  small  passenger  vessels  carry  at  least  one  VHF  handheld  marine  radio 
 transceiver,  and  on  whether  to  update  the  standards  for  ship  radar  equipment.  We  invite  interested  parties  to  address  the  economic  impact  of  these  possible  rule  changes  on  small  vessel  operators,  small  marine 
 radio  equipment  manufacturers  and  other  small  businesses  that  may  be  subject  to  the  new  requirements.  We  seek  information  on  whether  the  compliance  costs  may  outweigh  the  safety  benefits  of  these  rule 
 changes,  and  whether  there  are  alternative  means  of  securing  the  safety  benefits  of  these  requirements  through  means  that  are  less  burdensome  to  regulatees. 


 We  do  not  believe  any  of  the  other  matters  discussed  in  the  Third  Further  Notice  would  have  a  direct,  significant  economic  impact  on  a  substantial  number  of  small  entities.  However,  any  commenters 
 that  disagree  with  that  tentative  conclusion  are  asked  to  explain  the  basis  of  that  disagreement. 


 417  U.  S.  Census  Bureau,  2002  NAICS  Definitions,  334220  Radio  and  Television  Broadcasting  and  Wireless 
 Communications  Equipment  Manufacturing;  http://  www.  census.  gov/  epcd/  naics02/  def/  NDEF334.  HTM#  N3342.  418 
 13  C.  F.  R.    121.  201,  NAICS  code  334220.  419 
 U.  S.  Census  Bureau,  American  FactFinder,  2002  Economic  Census,  Industry  Series,  Industry  Statistics  by  Employment  Size,  NAICS  code  334220  (released  May  26,  2005);  http://  factfinder.  census.  gov.  The  number  of 


 establishments  is  a  less  helpful  indicator  of  small  business  prevalence  in  this  context  than  would  be  the  number  of  firms  or  companies,  because  the  latter  take  into  account  the  concept  of  common  ownership  or  control.  Any 
 single  physical  location  for  an  entity  is  an  establishment,  even  though  that  location  may  be  owned  by  a  different  establishment.  Thus,  the  numbers  given  may  reflect  inflated  numbers  of  businesses  in  this  category,  including  the 
 numbers  of  small  businesses.  In  this  category,  the  Census  breaks-  out  data  for  firms  or  companies  only  to  give  the  total  number  of  such  entities  for  2002,  which  was  929. 
 420  Id.  An  additional  eighteen  establishments  had  employment  of  1,000  or  more. 
 421  We  believe  the  discussed  rules  concerning  INMARSAT-  E  earth  stations,  ship  station  facsimile  frequencies,  and 
 private  coast  station  frequencies  would  not  impose  any  new  reporting,  recordkeeping,  or  other  compliance  requirement  on  any  regulated  entity. 
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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,  among  others:  (1)  the 
 establishment  of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or 
 reporting  requirements  under  the  rule  for  small  entities;  (3)  the  use  of  performance,  rather  than  design  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  small  entities.  422 


 In  the  Third  Further  Notice,  we  ask  that  commenters  provide  information  on  the  incremental  cost  to  manufacturers  and  consumers  if  the  Commission  were  to  adopt  a  requirement  for  GPS  capability  in 
 VHF-  DSC  handheld  units.  423  We  describe  here,  and  seek  comment  on,  possible  alternatives  to  imposing  such  a  requirement  that  might  minimize  the  economic  impact  on  small  entities.  First,  we  ask  commenters 
 to  consider  whether  it  would  be  appropriate  to  exempt  any  class  of  small  entities  from  such  a  requirement.  Commenters  advocating  such  an  exemption  should  propose  criteria  for  identifying  entities  that  should  be 
 exempt,  and  should  explain  why  they  believe  such  an  exemption  represents  a  reasonable  compromise  between  the  goals  of  promoting  maritime  safety  and  minimizing  compliance  costs  for  small  entities.  In 
 addition,  if  we  do  determine  to  impose  a  new  requirement  for  GPS  capability  in  VHF-  DSC  handheld  radio  equipment,  we  would  consider  whether  we  should  continue  to  certify  VHF-  DSC  equipment  without 
 such  capability  for  a  specified  additional  period  of  time,  and/  or  whether  we  should  adopt  grandfathering  protections  to  allow  the  continued  sale  and  use  of  such  non-  GPS  VHF-  DSC  handheld  equipment  for  a 
 specified  period  of  time  or  indefinitely.  Interested  parties  should  address  these  alternatives.  Finally,  we  seek  comment  on  whether  an  alternative,  less  costly  equipment  requirement  could  adequately  address  the 
 concern  that  distress  communications  include  accurate  coordinates  for  the  vessel  in  distress. 
 In  the  Third  Further  Notice,  we  also  seek  comment  on  whether  the  Commission  should  require  carriage  of  at  least  one  VHF  handheld  marine  radio  transceiver  on  small  passenger  vessels  that  do  not 
 carry  a  reserve  power  supply.  424  Our  understanding  is  that  such  handheld  radio  equipment  can  be  purchased  for  under  fifty  dollars  at  retail,  making  it  a  far  less  expensive  proposition  for  small  vessel 
 owners  and  operators  than  would  expanding  the  reserve  power  supply  requirement  to  all  small  passenger  vessels,  regardless  of  size.  Notwithstanding  the  relative  inexpensiveness  of  VHF  handheld  marine  radios, 
 and  the  important  safety  benefits  that  would  accrue  from  imposing  such  a  carriage  requirement,  we  request  that  interested  parties  to  address  whether  the  costs  of  such  a  requirement  would  outweigh  the 
 safety  benefits,  and  to  suggest  any  alternatives,  exemptions  or  phased-  in  implementation  schedules  that  the  Commission  might  adopt  to  reduce  the  compliance  burden  of  such  a  requirement  on  small  entities. 


 In  the  Third  Further  Notice,  we  also  invite  comment  on  revising  the  standards  for  ship  radar  equipment.  425  We  seek  comment  on  the  impact  of  such  a  revision  on  radar  equipment  manufacturers  and 
 on  the  owners  and  operators  of  vessels  required  to  be  fitted  with  radar  equipment.  Given  that  we  contemplate  amending  our  rules  only  to  reflect  the  most  up-  to-  date  international  standards  for  ship  radar 
 equipment,  we  question  whether  such  an  amendment  would  impose  any  new  compliance  burden  on  small  entities,  since  they  may  already  be  required  to,  or  have  decided  it  is  prudent  to,  manufacture  and  use 
 equipment  that  conforms  to  those  international  standards.  To  the  extent  such  an  amendment  would  be  deemed  to  create  a  new  compliance  burden,  we  ask  interested  parties  whether  and  how  that  burden  can  be 
 eliminated  or  mitigated  for  small  entities,  both  small  manufacturers  and  small  owners  and  operators  of 
 422  See  5  U.  S.  C.    603(  c). 
 423  See  para.  70,  supra. 
 424  See  para.  71,  supra. 
 425  See  para.  72,  supra. 
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 vessels  fitted  with  radar  equipment.  Commenters  should  consider  the  possibility  of  retaining  the  existing  Part  80  radar  standards,  incorporating  by  reference  only  some  of  the  newer  international  radar  standards, 
 exempting  certain  entities  from  the  requirement  to  comply  with  the  newer  international  radar  standards,  and/  or  providing  transition  periods  before  compliance  is  required  (so  that,  e.  g.,  radar  equipment  can  still 
 be  certified  based  on  compliance  with  the  current  standards  for  a  specified  period  of  time)  and  grandfathering  protection  (to  permit  the  continued  manufacture,  sale,  importation,  and  use  of  radar 
 equipment  certified  under  the  old  standards,  either  for  a  specified  period  of  years  or  indefinitely).  Commenters  are  also  invited  to  suggest  alternatives  other  than  those  discussed  here. 


 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  With  the  Proposed  Rules 
 None. 
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