64664 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000).

Executive Order 13132: Federalism 

This action also does not have 

federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is 

not required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of particular 

applicability. 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

StatesCourt of Appeals for the 

appropriate circuit by January 7, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds.

Dated: September 16, 2004 . 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

■ For the reasons stated in the preamble, 

part 52, chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart P—Indiana

■ 2. Section 52.770 is amended by 

adding paragraph (c)(157) to read as 

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(157) On December 19, 2001, and 

February 11, 2004, Indiana submitted 

revised volatile organic compound 

(VOC) emissions regulations for Eli Lilly 

and Company in Marion County. The 

submission provides alternate VOC 

control requirements for reactors, 

vacuum dryers, centrifuges, and filters 

in the pilot plant. The alternate control 

requirements are being approved under 

site-specific Reasonably Available 

Control Technology standards. 

(i) Incorporation by reference. 

(A) Commissioner’s Order #2003–02 

as issued by the Indiana Department of 

Environmental Management on 

February 11, 2004.

[FR Doc. 04–24821 Filed 11–5–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 13 and 80

[WT Docket No. 00–48; PR Docket No. 92–

257; RM–9499; FCC 04–3] 

Maritime Communications

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission amends parts 13 and 80 of 

the Commission’s rules to update and 

streamline the rules governing the 

maritime radio services. The paramount 

goals of these amendments are to 

enhance maritime safety, promote the 

efficient use of the maritime radio 

spectrum, and, to the extent it is 

consistent with these first two 

objectives, remove unnecessary 

regulatory burdens on the users and 

manufacturers of maritime radio 

equipment. The amendments also 

conform part 80 of the Commission’s 

rules with international standards 

where doing so will not undermine 

domestic regulatory objectives.

DATES: Effective January 7, 2005. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of January 7, 2005.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Tobias, Jeff.Tobias@FCC.gov, 

Public Safety and Critical Infrastructure 

Division, Wireless Telecommunications 

Bureau, (202) 418–0680, or TTY (202) 

418–7233.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s 

consolidated Second Report and Order

in WT Docket No. 00–48 and Sixth 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64665

Report and Order in PR Docket No. 92–

257, FCC 04–3, adopted on January 8, 

2004, and released on February 12, 

2004. The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, 

Qualex International, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at bmillin@fcc.gov. 

1. In the Second Report and Order

and Sixth Report and Order, we adopt 

changes to parts 13 and 80 of the 

Commission’s rules that were either 

proposed in or suggested in response to 

the Further Notice of Proposed Rule 

Making (‘‘FNPRM’’) in WT Docket No. 

00–48, which was released on April 9, 

2002, 67 FR 35086, May 17, 2002, and 

the Fourth Further Notice of Proposed 

Rule Making (‘‘Fourth FNPRM’’) in PR 

Docket No. 92–257, which was released 

on December 28, 2001, 67 FR 5080, 

February 4, 2002. The FNPRM proposed 

to amend part 80 of the Commission’s 

rules to reflect the implementation 

domestically of the Global Maritime and 

Distress Safety System (‘‘GMDSS’’) by 

conforming the rules to revised and 

updated international standards for 

GMDSS; deleting or modifying rules 

affected by full implementation of 

GMDSS; and to delete or modify any 

other regulations pertaining to GMDSS 

that may be unnecessary or in need of 

clarification. The Fourth FNPRM invited 

public comment on a number of 

recommendations from the United 

States Coast Guard (‘‘USCG’’) and from 

MariTEL, Inc. (‘‘Maritel’’), a 

Commission licensee, to amend the 

rules pertaining to VHF public coast 

(‘‘VPC’’) stations. 

2. The Commission takes the 

following significant actions in the 

Second Report and Order in WT Docket 

No. 00–48: (i) Declines to create a 

voluntary restricted Global Maritime 

Distress and Safety System (GMDSS) 

license for recreational boaters; (ii) 

clarifies the responsibilities of VPC 

stations that receive calls on the digital 

selective calling (‘‘DSC’’) distress 

frequency, Channel 70; (iii) clarifies that 

VPC stations that are not exempt from 

the VHF Channel 16 watch requirement 

must have a radio operator on duty; (iv) 

prohibits ship operation of any device 

capable of transmitting on a distress 

frequency without regulatory 

authorization; (v) redesignates Channels 

75 and 76 for communications related to 

port operations, and establish 

requirements for equipment to operate 

on the channels with reduced carrier 

power; (vi) authorizes domestic use of 

INMARSAT–E emergency position 

indicating radiobeacons (‘‘EPIRBs’’) and 

establishes standards for such devices; 

(vii) requires that small passenger 

vessels have DSC capability one year 

after the USCG declares Sea Areas A1 

and A2 to be operational, and 

establishes additional equipment 

requirements for such vessels; (viii) 

declines to specify that the qualified 

GMDSS operator required to be on 

vessels under our rules must be 

assigned exclusively to radio 

communications duties during an 

emergency; (ix) updates the 

requirements for ship radio installations 

to incorporate new international 

regulations; (x) incorporates into the 

rules the international requirement that 

all passenger ships have the ability to 

communicate with search and rescue 

personnel on two specified aeronautical 

frequencies; (xi) determines to continue 

listing the carrier frequency, rather than 

the assigned frequency, in part 80 tables 

of frequencies; and (xii) specifies the 

number of questions to include in the 

GMDSS radio operator license 

examinations. 

3. The Commission takes the 

following significant actions in the Sixth 

Report and Order in PR Docket No. 92–

257: (i) Clarifies the responsibilities of 

VPC stations as to when they must 

maintain a watch on the Channel 16 

distress frequency and as to their 

obligation to notify the USCG of a 

station relocation; (ii) generally declines 

to impose additional technical 

requirements for VPC stations operating 

on offset channels; (iii) denies a request 

to reallocate nine channel pairs from 

public safety and other private land 

mobile radio operations to use by VPC 

stations; (iv) adopts new rules requested 

by the USCG to govern the 

implementation of Automatic 

Identification Systems (‘‘AIS’’); (v) 

establishes a new emission mask in part 

80 to accommodate a wide range of data 

services; (vi) eliminates the station 

identification requirement for VPC 

stations licensed on a geographic area 

basis; (vii) authorizes VPC stations to 

maintain required station records in 

electronic form; (viii) relaxes the posting 

requirement for VPC stations; and (ix) 

clarifies that VPC stations, like other 

providers of commercial mobile radio 

services, have been relieved of certain 

filing requirements as a matter of 

forbearance. 

I. Regulatory Matters 

A. Paperwork Reduction Act 

4. The Second Report and Order and 

Sixth Report and Order does not contain 

any new or modified information 

collection. 

B. Final Regulatory Flexibility Analyses

5. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’), the Commission has prepared 

a Final Regulatory Flexibility Analysis 

(‘‘FRFA’’) of the rules adopted in the 

Second Report and Order in WT Docket 

No. 00–48. The Commission’s Consumer 

and Governmental Affairs Bureau, 

Reference Information center, will send 

a copy of the Second Report and Order

in WT Docket No. 00–48, including the 

FRFA, to the Chief Counsel for 

Advocacy of the Small Business 

Administration, in accordance with the 

RFA. 

Second Report and Order in WT Docket 

No. 00–48

A. Need for, and Objectives of, the Rules 

Adopted in the Second Report and 

Order 

6. The rules adopted in the Second 

Report and Order are intended to 

further streamline, consolidate and 

clarify the Commission’s part 80 rules; 

remove unnecessary or duplicative 

requirements; address new international 

maritime requirements; and promote 

flexibility and efficiency in the use of 

marine radio equipment in a manner 

that will further maritime safety. 

Specifically, in the Second Report and 

Order the Commission (i) declines to 

create a voluntary restricted Global 

Maritime Distress and Safety System 

(GMDSS) license for recreational 

boaters; (ii) clarifies the responsibilities 

of VHF public coast stations that receive 

calls on the DSC distress frequency, 

Channel 70; (iii) clarifies that VHF 

public coast stations that are not exempt 

from the VHF Channel 16 watch 

requirement must have a radio operator 

on duty; (iv) prohibits ship operation of 

any device capable of transmitting on a 

distress frequency without regulatory 

authorization; (v) redesignates Channels 

75 and 76 for communications related to 

port operations, and establishes 

requirements for equipment to operate 

on the channels with reduced carrier 

power; (vi) authorizes domestic use of 

INMARSAT-E emergency position 

indicating radiobeacons (EPIRBs) and 

establishes standards for such devices; 

(vii) requires that small passenger 

vessels have digital selective calling 

capability one year after the U.S. Coast 

Guard (Coast Guard or USCG) declares 

64666 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

Sea Areas A1 and A2 to be operational, 

and establishes additional equipment 

requirements for such vessels; (viii) 

declines to specify that the qualified 

GMDSS operator required to be on 

vessels under our rules must be 

assigned exclusively to radio 

communications duties during an 

emergency; (ix) updates the 

requirements for ship radio installations 

to incorporate new international 

regulations; (x) incorporates into the 

rules the international requirement that 

all passenger ships have the ability to 

communicate with search and rescue 

personnel on two specified aeronautical 

frequencies; (xi) determines to continue 

listing the carrier frequency, rather than 

the assigned frequency, in part 80 

Tables of Frequencies; and (xii) 

specifies the number of questions to be 

included in the GMDSS radio operator 

license examinations. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

7. No comments were submitted 

specifically in response to the IRFA. We 

note, however, that the Passenger Vessel 

Association (PVA) indicated that it was 

opposed to several of the proposed rules 

because of the compliance costs that 

would be incurred by small passenger 

vessel operators, many of which are 

small businesses. Specifically, PVA 

argued that the costs of compliance 

outweighed the safety benefits of the 

proposed rules requiring that the VHF 

and MF radios carried by small 

passenger vessels be upgraded to have 

digital selective calling (DSC) capability; 

that on passenger ships, at least one 

qualified person must be assigned to 

perform only radio communications 

duties during distress situations; and 

that passenger vessels be equipped with 

means for two-way on-scene 

radiocommunications for search and 

rescue purposes using the aeronautical 

frequencies 121.5 and 123.1 MHz. 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. 

C. Description and Estimate of the 

Number of Small Entities To Which 

Rules Will Apply 

8. 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. The RFA

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’

and ‘‘small governmental jurisdiction.’’

In addition, the term ‘‘small business’’

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (i) Is 

independently owned and operated; (ii) 

is not dominant in its field of operation; 

and (iii) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

9. Small businesses in the aviation 

and marine radio services use a marine 

very high frequency (VHF), medium 

frequency (MF), or high frequency (HF) 

radio, any type of emergency position 

indicating radio beacon (EPIRB) and/or 

radar, an aircraft radio, and/or any type 

of emergency locator transmitter (ELT). 

The Commission has not developed a 

definition of small entities specifically 

applicable to these small businesses. For 

purposes of this FRFA, therefore, the 

applicable definition of small entity is 

the definition under the SBA rules 

applicable to wireless 

telecommunications. Pursuant to this 

definition, a ‘‘small entity’’ for purposes 

of the ship station licensees, public 

coast station licensees, or other marine 

radio users that may be affected by these 

rules, is any entity employing 1,500 of 

fewer persons. 13 CFR 121.201 (NAICS 

Code 517212). Since the size data 

provided by the Small Business 

Administration do not enable us to 

make a meaningful estimate of the 

number of marine radio service 

providers and users that are small 

businesses, we have used the 1992 

Census of Transportation, 

Communications, and Utilities, 

conducted by the Bureau of the Census, 

which is the most recent information 

available. This document shows that 

twelve radiotelephone firms out of a 

total of 1,178 such firms which operated 

in 1992 had at least 1,000 employees. 

Thus, we estimate that as many as 1,166 

small entities may be affected. 

10. Some of the rules adopted herein 

affect VHF public coast station 

licensees. The Commission has defined 

the term ‘‘small entity’’ specifically 

applicable to public coast station 

licensees as any entity employing less 

than 1,500 persons, based on the 

definition under the Small Business 

Administration rules applicable to 

radiotelephone service providers. See 

Amendment of the Commission’s rules 

Concerning Maritime Communications, 

Third Report and Order and 

Memorandum Opinion and Order, 13 

FCC Rcd 19853, 19893 (1998) (citing 13 

CFR 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.

11. 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 SBA has 

established a small business size 

standard for radio and television 

broadcasting and wireless 

communications equipment 

manufacturing. Under this standard, 

firms are considered small if they have 

750 or fewer employees. Census Bureau 

data for 1997 indicate that, for that year, 

there were a total of 1,215 

establishments in this category. Of 

those, there were 1,150 that had 

employment under 500, and an 

additional 37 that had employment of 

500 to 999. The percentage of wireless 

equipment manufacturers in this 

category is approximately 61.35%, so 

the Commission estimates that the 

number of wireless equipment 

manufacturers with employment under 

500 was actually closer to 706, with and 

additional 23 establishments having 

employment of between 500 and 999. 

The Commission estimates that the great 

majority of wireless communications 

equipment manufacturers are small 

businesses. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

12. In the Second Report and Order, 

we adopt several rule amendments that 

may affect reporting, recordkeeping and 

other compliance requirements for small 

entities. First, we amend § 80.203 of the 

rules to bar ship stations from including 

any device capable of transmitting on a 

distress frequency without regulatory 

authorization. This prohibition could 

affect small entities that manufacture 

ship radio equipment. Second, we 

amend § 80.215(g)(3) to require that ship 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64667

station transmitters have Channels 75 

and 76, and automatically reduce the 

carrier power to one watt or less when 

tuned those channels, with no manual 

override capability. This new 

requirement could affect small entities 

that manufacture or use such 

transmitters. Third, we adopt a number 

of new requirements for small passenger 

vessels: a requirement that the VHF and 

MF radios already mandated by 

§ 80.905(a) of the rules be DSCequipped; a requirement that the single 

sideband (SSB) radios required to be 

carried by ships operating over one 

hundred nautical miles from shore be 

DSC-equipped; a requirement that the 

INMARSAT ship earth stations that may 

be carried by ships operating more than 

one hundred nautical miles from shore 

in lieu of an SSB radio be limited to 

specified classes of earth stations; a 

requirement that vessels required to 

carry a SSB radio with a reserve power 

supply also carry a reserve power 

supply for the navigation receiver; and 

a requirement for updating position 

information. These requirements may 

have a direct economic impact on 

operators of small passenger vessels. 

Finally, we amend § 80.1085 of the rules 

to require that every passenger ship be 

provided with means for two-way onscene radiocommunications for search 

and rescue purposes using the 

aeronautical frequencies 121.5 and 

123.1 MHz from the position from 

which the ship is normally navigated. 

13. In the IRFA accompanying the 

FNPRM in this proceeding, 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. 

E. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

14. 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): ‘‘(i) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (ii) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(iii) the use of performance rather than 

design standards; and (iv) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’

15. With respect to all of the rules 

adopted in the Second Report and Order

that may affect reporting, recordkeeping 

and other compliance requirements for 

small entities, as identified in section D 

of the FRFA, supra, we have considered 

how we might minimize the economic 

impact on small entities, and we have 

considered alternative measures that 

might minimize that impact. As a 

general matter, the alternatives 

considered, and in many cases adopted, 

include exempting small entities from 

the requirement; providing 

‘‘grandfathering’’ protection from the 

requirement; providing a transition 

period to give either small entities or all 

affected entities additional time to come 

into compliance; and imposing a less 

burdensome requirement, either for 

small entities or for all affected entities. 

In addition, to the extent we establish 

here new standards for authorization of 

marine radio equipment, we have 

generally required compliance with 

performance standards, rather than 

prescribing a particular equipment 

design. In the IRFA accompanying the 

FNPRM in this proceeding, we 

specifically requested comment 

addressing particular alternatives that 

may be appropriate for particular rules 

proposed or discussed in the FNPRM. 

Although we received no comments 

specifically addressed to the IRFA, we 

have considered all comments to the 

FNPRM 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. We discuss each of the 

specific new requirements adopted in 

the Second Report and Order, and 

relevant alternatives, below. 

16. In the Second Report and Order, 

we amend § 80.203 of the rules to bar 

ship stations from including any device 

capable of transmitting on a distress 

frequency without regulatory 

authorization. This rule change had 

been proposed by the Coast Guard, and 

the FNPRM specifically asked for 

comment on whether this rule change 

would hamper the ability of 

manufacturers to add tone signaling 

capability or to otherwise improve their 

equipment. However, no manufacturer 

commented on this rule change, no 

commenter opposed it, and there is 

nothing in the record to indicate that it 

will adversely effect manufacturers. In 

any event, given that this rule change 

does not require manufacturers to add 

any features or capabilities to 

equipment, but merely prohibits what 

was never affirmatively authorized in 

the first place, there is no reason to 

phase in this requirement gradually. 

Further, there is no basis in the record 

to exempt manufacturers that are small 

entities from this requirement. Any such 

exemption, moreover, would jeopardize 

maritime safety since any unauthorized 

emissions on a distress frequency, from 

whatever source, could compromise the 

ability of the Coast Guard to process and 

respond to distress signals.

17. In the Second Report and Order,

we amend § 80.215(g)(3) to require that 

ship station transmitters have Channels 

75 and 76, and automatically reduce the 

carrier power to one watt or less when 

tuned those channels, with no manual 

override capability. In the FNPRM, the 

Commission expressed concern about 

the impact of this rule on 

manufacturers, and specifically solicited 

comment on appropriate grandfathering 

protection if the new requirements are 

adopted. No manufacturer commented 

on the proposed equipment 

requirements relating to Channels 75 

and 76, and no one opposed such 

requirements. The only commenter 

responding to the Commission’s request 

for input on appropriate grandfathering 

protection was the Coast Guard, which 

stated simply that it supports 

grandfathering protection of some sort. 

Notwithstanding the absence of 

comment on this issue from 

manufacturers or vessel operators, we 

have provided both grandfathering 

protection for existing installed 

equipment and a transitional period 

before new installations have to comply 

with the new requirements. Specifically, 

non-compliant equipment installed 

prior to the effective date of these rules 

is grandfathered indefinitely, so that it 

may continue to be used for its 

remaining useful life. In addition, we 

are allowing installations of noncompliant equipment until one year 

after the effective date of the Second 

Report and Order. We believe these 

actions will effectively minimize the 

compliance burden of this requirement 

on manufacturers and ship station 

licensees, especially any affected small 

entities. Given that no manufacturers 

commented on these rules, we do not 

believe this approach will leave 

manufacturers with stranded inventory. 

We decline to exempt small entities 

from these requirements because the 

benefits of designating Channels 75 and 

76 for port operations, and the 

associated equipment requirements, 

cannot be fully realized unless access to 

64668 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

Channels 75 and 76 is ubiquitous, and 

because there is nothing in the record of 

this proceeding to suggest a need for 

such an exemption, especially given the 

grandfathering and transition provisions 

we have adopted. 

18. In the Second Report and Order,

we adopt a requirement that the VHF 

and MF radios already mandated by 

§ 80.905(a) of the rules be DSCequipped. The Passenger Vessel 

Association (PVA) filed comments 

opposing this requirement. PVA 

contends that small passenger vessels 

that are not subject to GMDSS 

requirements under SOLAS should not 

be required to meet GMDSS-derived 

equipment requirements such as this. 

PVA further asserts that many of the 

vessel operators that will be affected by 

this requirement are small businesses, 

and suggested that, instead of 

eliminating or tightening the exemption, 

the Commission should broaden the 

exemption to cover all passengercarrying vessels, irrespective of size, 

that operate in protected waterways, 

such as harbors, bays and waterways 

covered by Vessel Traffic Systems. We 

decline to exempt any class of vessels 

otherwise subject to § 80.905(a) from the 

new DSC requirement, even with 

respect to vessels owned and operated 

by small businesses and/or restricted to 

voyages in particular inland or coastal 

waterways. We agree with the Coast 

Guard and the GMDSS Task Force that 

the public safety benefits of imposing 

this requirement on small passenger 

vessels are paramount. DSC represents 

an important enhancement of maritime 

safety, and requiring DSC capability in 

small passenger vessels, even those 

limited to voyages on protected 

waterways, will provide safety benefits 

not only to the passengers and crew on 

such vessels, but to all GMDSS 

participating vessels. We also believe, 

moreover, that the compliance costs of 

this requirement will not be significant 

because, pursuant to § 80.203(n) of the 

Commission’s rules, the Commission 

already requires that all VHF and MF 

marine radio transmitters submitted for 

equipment authorization have DSC 

capability. In fact, the DSC requirement 

has applied to all VHF and MF marine 

radio transmitters submitted for 

equipment authorization since June 17, 

1999. As a consequence of this 

requirement, more and more of the new 

equipment available in the market will 

be DSC-capable. In addition, as a means 

to minimize whatever compliance costs 

are incurred by small passenger vessel 

operators, we have decided to defer the 

compliance deadline for this 

requirement. We will not require that 

VHF radios be upgraded to DSC until 

one year after the Coast Guard declares 

Sea Area A1 to be operational, and we 

will not require that MF radios be 

upgraded to DSC until one year after the 

Coast Guard declares Sea Area A2 to be 

operational. This compliance deadline 

is sufficiently far off that it will give 

affected small passenger vessel 

operators ample time to plan and budget 

for the required upgrades. In addition, 

as the deadline for compliance extends 

further into the future, it is likely that 

there will be fewer non-DSC 

transmitters in manufacturers’ and 

retailers’ inventory (because of the DSC 

requirement in § 80.203(n)), and we 

therefore expect that most new VHF and 

MF radio equipment available in the 

market during the time period 

immediately preceding the compliance 

deadline will have DSC capability, 

further minimizing the economic impact 

on small entities. 

19. In the Second Report and Order,

we adopt a requirement that the SSB 

radios required of ships operating over 

one hundred nautical miles from shore, 

pursuant to § 80.905, be DSC-equipped. 

The Coast Guard was the only party 

directly commenting on this issue, and 

it stated that, as in the case of VHF and 

MF radio equipment, requiring DSC 

capabilities in SSB radios will provide 

significant safety advantages over nonDSC equipment. No party opposed this 

requirement or attempted to quantify 

the compliance costs. On this record, 

then, we believe considerations of 

maritime safety should be given 

paramount weight. Indeed, given that 

the subject vessels by definition operate 

more than one hundred nautical miles 

from shore, the safety benefits of this 

requirement are even greater than those 

we have adopted for VHF and MF radios 

in vessels that do not operate so far from 

shore. Significantly, DSC capability will 

enhance the ability of passenger vessels 

on such voyages to contact nearby ships 

as well as shore facilities. Although we 

decline to exempt small passenger 

vessel operators that qualify as small 

entities from this DSC requirement, we 

have determined to give affected parties 

until one year after the effective date of 

the Second Report and Order before 

requiring compliance. We believe this 

reasonably fulfills the objective of 

minimizing compliance costs for small 

entities without compromising the 

objective of promoting public safety on 

the high seas. We do not hinge the 

compliance deadline in this case on the 

timing of the Coast Guard’s declaration 

of Sea Area A1 or Sea Area A2 because 

vessels operating more than one 

hundred nautical miles from shore are 

operating in Sea Area A3. 

20. In the Second Report and Order,

we adopt a requirement that the 

INMARSAT ship earth stations that may 

be carried by ships operating more than 

one hundred nautical miles from shore 

in lieu of an SSB radio, pursuant to 

§ 80.905, be limited to specified classes 

of earth stations. We do not believe this 

requirement should have a significant 

impact on any small entities. No 

commenter opposed this proposal. In 

addition, we note that the rule merely 

permits the use of an INMARSAT earth 

station as an alternative to other 

equipment, rather than mandating the 

use of an INMARSAT earth station in all 

instances. Nonetheless, we have 

decided to relax the requirement, as it 

was proposed in the FNPRM, by adding 

the INMARSAT Mini–M to the list of 

approved earth stations. As thus 

revised, we believe the adopted rule 

represents a reasonable compromise 

between tightening the existing rule for 

safety reasons while according a fair 

measure of flexibility to small passenger 

vessel operators, especially small 

entities, in selecting an earth station that 

will be deemed suitable to obviate the 

need for an SSB radio.

21. In the Second Report and Order,

we extend the current § 80.905 SSB 

reserve power supply requirement to the 

navigation receiver. No party has 

opposed this proposal or provided 

information that would permit a 

quantification of estimated compliance 

costs. The Coast Guard, the only 

commenter on this issue, urges adoption 

of the requirement because of the safety 

benefits. We agree with the Coast Guard. 

Since this rule merely extends an 

existing reserve power supply 

requirement to an additional piece of 

equipment, and there have been no 

comments in opposition to this 

proposal, we see no basis for exempting 

small entities from this requirement or 

providing an extended implementation 

period. 

22. In the Second Report and Order,

we adopt a new requirement specifying 

that vessels subject to § 80.905 must 

comply with the requirement in 

§ 80.1085(c) for updating position 

information. In discussing the proposal 

for this rule in the FNPRM, the 

Commission observed that its adoption 

would impose a GMDSS requirement on 

small passenger vessels. The only party 

commenting on this matter was the 

Coast Guard, which reiterated its 

support for this requirement because it 

will enable the Coast Guard to locate 

mariners in a more timely manner and 

better utilize its limited resources. No 

party opposed this requirement, and the 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64669

record is devoid of information as to the 

costs of compliance. Accordingly, we 

find no basis in the record to exempt 

some small passenger vessels from this 

requirement or to delay its 

implementation through a phased-in 

schedule. 

23. Finally, in the Second Report and 

Order, we amend § 80.1085 of the rules 

to require that every passenger ship be 

provided with means for two-way onscene radiocommunications for search 

and rescue purposes using the 

aeronautical frequencies 121.5 and 

123.1 MHz from the position from 

which the ship is normally navigated. 

PVA argues that a requirement for onscene radios with aeronautical 

frequencies is expensive and is not 

useful outside of open ocean 

environments. It urges that this 

requirement not be imposed upon 

passenger vessels operating in or near 

coastal, inland, and other protected 

waters. More broadly, PVA complains 

that the USCG’s proposals in this 

proceeding indicate that the USCG is 

seeking to extend equipment 

requirements that are justified for 

vessels in open-ocean service to vessels 

on domestic voyages. We agree with 

PVA that equipment requirements that 

make sense for vessels on the open 

ocean should not be extended without 

further analysis to vessels that stay 

closer to shore. However, we disagree 

with PVA that an on-scene capability for 

two-way radiocommunications with 

aircraft using the aeronautical 

frequencies 121.5 and 123.1 MHz offers 

no potential safety benefits to vessels on 

domestic voyages. We believe that the 

ability to communicate with helicopters 

or other aircraft involved in search and 

rescue operations could save lives 

where, for example, a passenger vessel 

catches fire and is exuding thick smoke 

on an inland waterway. We further 

believe that these safety benefits militate 

against exempting certain vessels from 

this requirement, based either on the 

operator’s small business status or the 

restriction of the vessel to inland or 

protected waterways, or a combination 

of both factors. Additionally, we do not 

believe that adopting this requirement 

in the part 80 rules imposes a new 

compliance cost on passenger vessels 

since the requirement was imposed 

internationally under SOLAS well 

before the release of this order. 

Moreover, because the safety benefits of 

this requirement are not dependent on 

GMDSS implementation, and because 

passenger vessels are already required to 

have this capability under SOLAS, we 

see no reason to defer the effective date 

of this requirement to one year after Sea 

Area A1 or Sea Area A2 

implementation, as we have done with 

some of the other requirements adopted 

herein in the interest of reducing 

compliance costs. However, we believe 

it is appropriate to defer the effective 

date for this requirement for some 

shorter period in order to mitigate the 

compliance costs for small passenger 

vessel operators. Accordingly, we will 

make this requirement effective six 

months after the effective date of the 

Second Report and Order.

F. Federal Rules that May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

24. None. 

Report to Congress: The Commission 

will send a copy of the Second Report 

and Order in WT Docket No. 00–48, 

including the Final Regulatory 

Flexibility Analysis, in a report to be 

sent to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

Second Report and Order in WTB 

Docket No. 00–48, including the Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the SBA. 

Sixth Report and Order in PR Docket 

No. 92–257

25. As required by the RFA, the 

Commission has also prepared a FRFA

of the rules adopted in the Sixth Report 

and Order in PR Docket No. 92–257. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information center, will send a copy of 

the Sixth Report and Order in PR Docket 

No. 92–257, including the FRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the RFA. 

A. Need for, and Objectives of, the Sixth 

Report and Order 

26. The rules adopted in the Sixth 

Report and Order are intended to 

further streamline, consolidate and 

clarify the Commission’s part 80 rules 

governing VHF public coast (VPC) 

stations; remove unnecessary or 

duplicative requirements; address new 

international maritime requirements; 

and promote flexibility and efficiency in 

the use of marine radio equipment in a 

manner that will further maritime 

safety. Specifically, in the Sixth Report 

and Order the Commission (i) clarifies 

the responsibilities of VPC stations as to 

when they must maintain a watch on 

the Channel 16 distress frequency and 

as to their obligation to notify the Coast 

Guard of a station relocation; (ii) 

generally declines to impose additional 

technical requirements for VPC stations 

operating on offset channels; (iii) denies 

a request that nine channel pairs now 

allocated for public safety and other 

private land mobile radio operations be 

reallocated for use by VPC stations; (iv) 

adopts new rules to govern the 

implementation of Automatic 

Identification Systems; (v) establishes a 

new emission mask in Part 80 to 

accommodate a wide range of data 

services; (vi) eliminates the station 

identification requirement for VPC 

stations licensed on a geographic area 

basis; (vii) authorizes VPC stations to 

maintain required station records in 

electronic form; (viii) relaxes the posting 

requirement for VPC stations; and (ix) 

provides a clarification in the rules that 

VPC stations, like other providers of 

commercial mobile radio services, have 

been relieved of certain filing 

requirements as a matter of forbearance. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

27. No comments were submitted 

specifically in response to the IRFA. 

Nonetheless, we have considered the 

potential economic impact on small 

entities of the 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. 

C. Description and Estimate of the 

Number of Small Entities to Which 

Rules Will Apply

28. 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 rules adopted herein. The RFA

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’

and ‘‘small governmental jurisdiction.’’

In addition, the term ‘‘small business’’

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (i) Is 

independently owned and operated; (ii) 

is not dominant in its field of operation; 

and (iii) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

29. Small businesses in the aviation 

and marine radio services use a marine 

very high frequency (VHF), medium 

frequency (MF), or high frequency (HF) 

radio, any type of emergency position 

indicating radio beacon (EPIRB) and/or 

radar, an aircraft radio, and/or any type 

of emergency locator transmitter (ELT). 

The Commission has not developed a 

definition of small entities specifically 

applicable to these small businesses. For 

purposes of this FRFA, therefore, the 

64670 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

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 CFR 121.201 (NAICS 

Code 517212). Since the size data 

provided by the Small Business 

Administration do not enable us to 

make a meaningful estimate of the 

number of marine radio service 

providers and users that are small 

businesses, we have used the 1992 

Census of Transportation, 

Communications, and Utilities, 

conducted by the Bureau of the Census, 

which is the most recent information 

available. This document shows that 

twelve radiotelephone firms out of a 

total of 1,178 such firms which operated 

in 1992 had at least 1,000 employees. 

Thus, we estimate that as many as 1,166 

small entities may be affected. 

30. Some of the rules adopted herein 

affect VHF public coast station 

licensees. The Commission has defined 

the term ‘‘small entity’’ specifically 

applicable to public coast station 

licensees as any entity employing less 

than 1,500 persons, based on the 

definition under the Small Business 

Administration rules applicable to 

radiotelephone service providers. See

Amendment of the Commission’s Rules 

Concerning Maritime Communications, 

Third Report and Order and 

Memorandum Opinion and Order, 13 

FCC Rcd 19853, 19893 (1998) (citing 13 

CFR 121.201, Standard Industrial 

Classification (SIC) Code 4812, now 

NAICS Code 517212). 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. 

31. 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 SBA has 

established a small business size 

standard for radio and television 

broadcasting and wireless 

communications equipment 

manufacturing. Under this standard, 

firms are considered small if they have 

750 or fewer employees. Census Bureau 

data for 1997 indicate that, for that year, 

there were a total of 1,215 

establishments in this category. Of 

those, there were 1,150 that had 

employment under 500, and an 

additional 37 that had employment of 

500 to 999. The percentage of wireless 

equipment manufacturers in this 

category is approximately 61.35%, so 

the Commission estimates that the 

number of wireless equipment 

manufacturers with employment under 

500 was actually closer to 706, with and 

additional 23 establishments having 

employment of between 500 and 999. 

Given the above, the Commission 

estimates that the great majority of 

wireless communications equipment 

manufacturers are small businesses. 

32. D. Description of Projected 

Reporting, Recordkeeping, and Other 

Compliance Requirements for Small 

Entities

33. The Sixth Report and Order does 

not impose any additional reporting, 

recordkeeping, or other compliance 

requirements on small entities. The rule 

amendments adopted in the Sixth 

Report and Order generally relieve VPC 

station licensees of existing 

requirements or relax those 

requirements. The Sixth Report and 

Order does amend section 80.302(a) of 

the Commission’s rules to expressly 

mandate that VPC licensees subject to a 

Channel 16 watch requirement must 

notify the Coast Guard as soon as 

practicable of a relocation of the station. 

This requirement was not opposed by 

any party. In fact, the only parties 

commenting on the issue—the Coast 

Guard and a VPC licensee—urged the 

Commission to adopt this rule change. 

Accordingly, we do not believe this 

requirement will have a direct and 

significant economic impact on any 

small entities or, for that matter, any 

entities at all. In any event, and as we 

state in the Sixth Report and Order, this 

is not a new or additional requirement. 

Prior to the amendment adopted herein, 

section 80.302(a) specified that a VPC 

licensee subject to the watch 

requirement must notify the Coast 

Guard as soon as practicable when there 

is any change in the operation of the 

station that would result in a 

‘‘discontinuance, reduction or 

suspension’’ of the watch. We believe 

this language already encompassed a 

requirement to notify the Coast Guard of 

a relocation of the watch, and we have 

amended the rule only to clarify the 

point, as requested by the commenters. 

E. Steps Taken to Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

34. 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): ‘‘(i) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (ii) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(iii) the use of performance rather than 

design standards; and (iv) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’

35. As explained in section D of the 

FRFA, supra, the Sixth Report and 

Order does not impose any additional 

reporting, recordkeeping, or other 

compliance requirements on small 

entities. The rule amendments adopted 

in the Sixth Report and Order generally 

relieve VPC station licensees of existing 

requirements or relax those 

requirements. 

F. Federal Rules that May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

36. None. 

Report to Congress: The Commission 

will send a copy of the Sixth Report and 

Order in PR Docket No. 92–257, 

including the Final Regulatory 

Flexibility Analysis, in a report to be 

sent to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

Sixth Report and Order in PR Docket 

No. 92–257, including the Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the SBA. 

II. Ordering Clauses 

33. The Commission’s Consumer 

Information Bureau, Reference 

Information Center, shall send a copy of 

the Second Report and Order/Sixth 

Report and Order including the Final 

Regulatory Flexibility Analyses to the 

Chief Counsel for Advocacy of the Small 

Business Administration.

List of Subjects 

47 CFR Part 13

Radio. 

47 CFR Part 80

Communications equipment, 

Incorporation by reference, Marine 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64671

safety, Radio, Reporting and 

recordkeeping requirements.

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary.

Rule Changes

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Parts 13 

and 80 as follows:

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 13.203 is amended by 

revising paragraph (a)(5), redesignating 

paragraphs (a)(6) and (a)(7) as paragraphs 

(a)(7) and (a)(8), and adding a new 

paragraph (a)(6) to read as follows:

§ 13.203 Examination elements. 

(a) * * *

(5) Element 7: GMDSS radio operating 

practices. 100 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 

radio telephone and narrow-band directprinting 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. The 

minimum passing score is 75 questions 

answered correctly. 

(6) Element 7R: Restricted GMDSS 

radio operating practices. 50 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 directprinting 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. The 

minimum passing score is 38 questions 

answered correctly.

* * * * *

PART 80—STATIONS IN THE 

MARITIME SERVICES

■ 3. The authority citation for Part 80 

continues to read as follows:

Authority: Secs. 4, 303, 307(e), 309, and 

332, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309, and 332, unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 

4726, 12 UST 2377.

■ 4. Section 80.15 is amended by 

revising paragraph (e)(2) to read as 

follows:

§ 80.15 Eligibility for station license.

* * * * *

(e) * * *

(2) A 406.0–406.1 MHz EPIRB may be 

used by any ship required by U.S. Coast 

Guard regulations to carry an EPIRB or 

by any ship that is equipped with a VHF 

ship radio station. An INMARSAT–E 

EPIRB may be used by any ship required 

by U.S. Coast Guard regulations to carry 

an EPIRB or by any ship that is 

equipped with a VHF radio station, 

provided that the ship is not operating 

in sea area A4 as defined in 

§ 80.1069(a)(4).

* * * * *

■ 5. Section 80.59 is amended by 

revising paragraph (c)(1)(x) to read as 

follows:

§ 80.59 Compulsory ship inspections.

* * * * *

(c) * * *

(1) * * *

(x) Type and quantity of radio 

equipment on board, including: 

(A) VHF Radio Installation (indicate if 

GMDSS approved); 

(B) Single Side-Band (SSB) (indicate 

the band of operation, MF or HF and 

indicate if GMDSS approved); 

(C) Category 1, 406 MHz EPIRB 

(GMDSS approved);

(D) NAVTEX Receiver (GMDSS 

approved); 

(E) Survival Craft VHF (GMDSS 

approved); 

(F) 9 GHz Radar Transponder 

(GMDSS approved); 

(G) Ship Earth Station; 

(H) 2182 Radiotelephone Auto Alarm 

(I) Reserve Power Supply (capability); 

and 

(J) Any other equipment.

* * * * *

■ 6. Section 80.95 is amended by 

revising paragraph (a) introductory text 

to read as follows:

§ 80.95 Message charges. 

(a) Except as specified in § 20.15(c) of 

this chapter with respect to commercial 

mobile radio service providers, charges 

must not be made for service of:

* * * * *

■ 7. Section 80.98 is revised to read as 

follows:

§ 80.98 Radiotelegraph testing 

procedures. 

Stations authorized to use telegraphy 

may conduct tests on any assigned 

frequency. Emissions must not cause 

harmful interference. When radiation is 

necessary the radiotelegraph testing 

procedure described in this paragraph 

must be followed: 

(a) The operator must not interfere 

with transmissions in progress. 

(b) The operator must transmit ‘‘IE’’

(two dots, space, one dot) on the test 

frequency as a warning that test 

emissions are about to be made. 

(c) If any station transmits ‘‘AS’’

(wait), testing must be suspended. When 

transmission of ‘‘IE’’ is resumed and no 

response is heard, the test may proceed. 

(d) Test signals composed of a series 

of ‘‘VVV’’ having a duration of not more 

than ten seconds, followed by the call 

sign of the testing station will be 

transmitted. The call sign must be sent 

clearly at a speed of approximately 10 

words per minute. This test 

transmission must not be repeated until 

a period of at least one minute has 

elapsed.

■ 8. Section 80.102 is amended by 

revising paragraph (f) to read as follows:

§ 80.102 Radiotelephone station 

identification.

* * * * *

(f) VHF public coast stations licensed 

to serve a predetermined geographic 

service area are not required to provide 

station identification under this section. 

A site-based VHF public coast station 

may identify by means of the 

approximate geographic location of the 

station or the area it serves when it is 

the only VHF public coast station 

serving the location or there will be no 

64672 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

conflict with the identification of any 

other station.

§ 80.142 [Amended]

■ 9. Section 80.142 is amended by 

removing paragraph (c)(1)(i) and 

redesignating paragraphs (c)(1)(ii) and 

(c)(1)(iii) as (c)(1)(i) and (c)(1)(ii).

■ 10. Section 80.203 is amended by 

adding a new paragraph (m)(6) to read as 

follows:

§ 80.203 Authorization of transmitters for 

licensing.

* * * * *

(m) * * *

(6) No ship station shall include any 

device or provision capable of 

transmitting any tone or signal on a 

distress frequency for any purpose 

unless specific provisions exist in this 

Part authorizing such tone or signal.

* * * * *

■ 11. 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 ..................................................................................... A1A 

405–525 kHz ..................................................................................... A1A, J2A 

1605–27500 kHz:.

Manual 15 16 17 ............................................................................ A1A, J2A, J2B, J2D 

DSC 6 .......................................................................................... F1B, J2B 

NB–DP14 16 ................................................................................ F1B, J2B, J2D 

Facsimile .................................................................................... F1C, F3C, J2C, J3C 

156–162 MHz 2 .................................................................................. F1B, F2B, F2C, F3C, F1D, F2D 

DSC ............................................................................................ G2B 

216–220 MHz 3 .................................................................................. F1B, F2B, F2C, F3C 

1626.5–1646.5 MHz .......................................................................... (4) 

Radiotelephony: 

1605–27500 kHz 5 16 ......................................................................... H3E, J2D, J3E, R3E 

27.5–470 MHz 6 ................................................................................. G3D, G3E 

162.5–1646.5 MHz ............................................................................ (4) 

Radiodetermination: 

285–325 kHz 7 ................................................................................... A1A, A2A 

405–525 kHz (Direction Finding) 8 .................................................... A3N, H3N, J3N, NON 

154–459 MHz 12 ................................................................................ A1D, A2D, F1D, F2D, G1D, G2D 

2.4–9.5 GHz ...................................................................................... PON 

14.00–14.05 GHz .............................................................................. F3N

Land Stations 1

Radiotelegraphy: 

100–160 kHz ..................................................................................... A1A 

405–525 kHz ..................................................................................... A1A, J2A 

1605–2850 kHz: 

Manual ........................................................................................ A1A, J2A 

Facsimile .................................................................................... F1C, F3C, J2C, J3C 

Alaska—Fixed ............................................................................ A1A, J2A 

4000–27500 kHz: 

Manual 16 .................................................................................... A1A, J2A, J2B, J2D 

DSC 18 ........................................................................................ F1B, J2B 

NB–DP14 18 ................................................................................ F1B, J2B, J2D 

Facsimile .................................................................................... F1C, F3C, J2C, J3C 

Alaska–Fixed17 18 ....................................................................... A1A, A2A, F1B, F2B, J2B, J2D 

72–76 MHz 2 18 .................................................................................. A1A, A2A, F1B, F2B 

156–162 MHz 2 20 .............................................................................. F1B, F2B, F2C, F3C, F1D, F2D 

DSC ............................................................................................ G2B 

216–220 MHz 3 .................................................................................. F1B, F2B, F2C, F3C 

Radiotelephony: 

1605–27500 kHz 18 19 ........................................................................ H3E, J3E, R3E 

72–76 MHz ........................................................................................ A3E, F3E, G3E 

156–470 MHz .................................................................................... G3E 

Radiodetermination: 

2.4–9.6 GHz ...................................................................................... PON 

Distress, Urgency and Safety 8 9

2182 kHz 10 11 .................................................................................... A2B, A3B, H2B, H3E, J2B, J3E 

121.500 MHz ..................................................................................... A3E, A3X, N0N 

123.100 MHz ..................................................................................... A3E 

156.750 and 156.800 MHz 13 ............................................................ G3E, G3N 

243.000 MHz ..................................................................................... A3E, A3X, N0N 

406.025 MHz ..................................................................................... G1D 

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

2Frequencies 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. 3Frequencies used in the Automated Maritime Telecommunications System (AMTS). See § 80.385(b). 4Types of emission are determined by the INMARSAT Organization. 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64673

5Transmitters approved prior to December 31, 1969, for emission H3E, J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue 

to be operated. These transmitters will not be authorized in new installations. 6G3D emission must be used only by one-board stations for maneuvering or navigation. 

7Frequencies used for cable repair operations. See § 80.375(b). 8For direction finding requirements see § 80.375. 9 Includes distress emissions used by ship, coast, EPIRBs and survival craft stations. 

10On 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission of the auto alarm signals. 11Ships on domestic voyages must use J3E emission only. 12For 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 CCIR Recommendation 625 or 476 are permitted to utilize any modulation, so long as 

emissions are within the limits set forth in § 80.211(f). 15 J2B is permitted only on 2000–27500 kHz. 16 J2D is permitted only on 2000–27500 kHz, and ship stations employing J2D emissions shall at no time use a peak envelope power in excess of 1.5 kW per channel. 17 J2B and J2D are permitted provided they do not cause harmful interference to A1A. 18 Coast stations employing J2D emissions shall at no time use a peak envelope power in excess of 10 kW per channel. 19 J2D is permitted only on 2000–27500 kHz. 20 If a station uses another type of digital emission, it must comply with the emission mask requirements of § 90.210 of this Chapter, except 

that Automatic Identification System (AIS) transmissions do not have to comply with the emission mask requirements of § 90.210 of this Chapter. 

■ 12. Section 80.213 is amended by 

revising paragraph (d) to read as follows:

§ 80.213 Modulation requirements.

* * * * *

(d) Ship and coast station transmitters 

operating in the 156–162 MHz and 216–

220 bands must be capable of proper 

operation with a frequency deviation 

that does not exceed ±5 kHz when using 

any emission authorized by § 80.207.

* * * * *

■ 13. Section 80.215 is amended by 

revising paragraph (g) to read as follows:

§ 80.215 Transmitter power.

* * * * *

(g) The carrier power of ship station 

radiotelephone transmitters, except 

portable transmitters, operating in the 

156–162 MHz band must be at least 8 

but not more than 25 watts. 

Transmitters that use 12 volt lead acid 

storage batteries as a primary power 

source must be measured with a 

primary voltage between 12.2 and 13.7 

volts DC. Additionally, unless otherwise 

indicated, equipment in radiotelephone 

ship stations operating in the 156–162 

MHz band must meet the following 

requirements: 

(1) All transmitters and remote 

control units must be capable of 

reducing the carrier power to one watt 

or less;

(2) Except as indicated in (g)(4) of this 

section, all transmitters manufactured 

after January 21, 1987, or in use after 

January 21, 1997, must automatically 

reduce the carrier power to one watt or 

less when the transmitter is tuned to 

156.375 MHz or 156.650 MHz, and must 

be provided with a manual override 

switch which when held by an operator 

will permit full carrier power operation 

on 156.375 MHz and 156.650 MHz; 

(3) Except as indicated in (g)(4) of this 

section, all ship station transmitters 

installed after January 9, 2006, must be 

capable of tuning to 156.775 MHz and 

156.825 MHz and must automatically 

reduce the carrier power to one watt or 

less, with no manual override 

capability, when the transmitter is 

tuned to either 156.775 MHz or 156.825 

MHz; 

(4) Hand-held portable transmitters 

are not required to comply with the 

automatic reduction of carrier power in 

(g)(2) of this section; and 

(5) Transmitters dedicated for use on 

public correspondence duplex channels 

as additional equipment to a VHF ship 

station in the Great Lakes which meet 

all pertinent rules in this part are not 

required to reduce their carrier power to 

one watt.

* * * * *

■ 14. Section 80.275 is added to read as 

follows:

§ 80.275 Technical Requirements for 

Automatic Identification Systems (AIS) 

equipment. 

(a) Prior to submitting a certification 

application for an AIS device, the 

following information must be 

submitted in duplicate to the 

Commandant (G–MSE), U.S. Coast 

Guard, 2100 2nd Street, SW., 

Washington DC 20593–0001: 

(1) The name of the manufacturer or 

grantee and the model number of the 

AIS device; 

(2) Copies of the test report and test 

data obtained from the test facility 

showing that the device complies with 

the environmental and operational 

requirements identified in § 80.1101. 

(b) After reviewing the information 

described in paragraph (a) of this 

section, the U.S. Coast Guard will issue 

a letter stating whether the AIS device 

satisfies all of the requirements 

specified in § 80.1101. 

(c) A certification application for an 

AIS device submitted to the 

Commission must contain a copy of the 

U.S. Coast Guard letter stating that the 

device satisfies all of the requirements 

specified in § 80.1101, a copy of the 

technical test data, and the instruction 

manual(s).

§ 80.301 [Amended]

■ 14a. Section 80.301 is amended by 

removing paragraph (a) and 

redesignating paragraphs (b) through (d) 

as paragraphs (a) through (c).

■ 15. Section 80.302 is amended by 

revising paragraph (a) to read as follows:

§ 80.302 Notice of discontinuance, 

reduction, or impairment of service 

involving a distress watch. 

(a) When changes occur in the 

operation of a public coast station 

which include discontinuance, 

relocation, reduction or suspension of a 

watch required to be maintained on 

2182 kHz or 156.800 MHz, notification 

must be made by the licensee to the 

nearest district office of the U.S. Coast 

Guard as soon as practicable. The 

notification must include the estimated 

or known resumption time of the watch.

* * * * *

■ 16. Section 80.304 is revised to read as 

follows:

§ 80.304 Watch requirement during silence 

periods. 

Each ship station operating on 

telephony on frequencies in the band 

1605–3500 kHz must maintain a watch 

on the frequency 2182 kHz. This watch 

must be maintained at least twice each 

hour for 3 minutes commencing at x 

h.00 and x h.30 Coordinated Universal 

Time (UTC) using either a loudspeaker 

or headphone. Except for distress, 

urgency or safety messages, ship 

stations must not transmit during the 

silence periods on 2182 kHz.

§ 80.305 [Amended]

■ 17. Section 80.305 is amended by 

removing paragraph (a)(1) and 

redesignating paragraphs (a)(2) and (a)(3) 

as paragraphs (a)(1) and (a)(2).

64674 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

§ 80.306 [Removed]

■ 18. Remove § 80.306.

■ 19. Section 80.319 is amended by 

revising paragraph (c) to read as follows:

§ 80.319 Radiotelegraph distress call and 

message transmission procedure.

* * * * *

(c) The distress message, preceded by 

the distress call, must be repeated at 

intervals until an answer is received. 

The radiotelegraph alarm signal may 

also be repeated, if necessary.

* * * * *

■ 20. Section 80.329 is amended by 

revising paragraph (d) to read as follows:

§ 80.329 Safety signals.

* * * * *

(d) The safety signal and call must be 

sent on one of the international distress 

frequencies (2182 kHz or 156.8 MHz 

radiotelephone). Stations which cannot 

transmit on a distress frequency may 

use any other available frequency on 

which attention might be attracted.

§ 80.330 [Amended]

■ 21. Section 80.330 is amended by 

removing paragraph (b) and 

redesignating paragraphs (c) and (d) as 

paragraphs (b) and (c).

§ 80.355 [Amended]

■ 22. Section 80.355 is amended by 

removing paragraph (b) and 

redesignating paragraphs (c) and (d) as 

paragraphs (b) and (c).

§ 80.357 [Amended]

■ 23. Section 80.357 is amended by 

removing paragraph (b)(2)(iv).

■ 24. Section 80.371 is amended by 

revising paragraphs (c)(1)(ii) 

introductory text and (c)(1)(iii) to read as 

follows:

§ 80.371 Public correspondence 

frequencies.

* * * * *

(c) * * *

(1) * * *

(ii) Service areas in the marine VHF 

156–162 MHz band are VHF Public 

Coast Station Areas (VPCSAs). As listed 

in the table in this paragraph, VPCSAs 

are based on, and composed of one or 

more of, the U.S. Department of 

Commerce’s 172 Economic Areas (EAs). 

See 60 FR 13114 (March 10, 1995). In 

addition, the Commission shall treat 

Guam and the Northern Mariana 

Islands, Puerto Rico and the United 

States Virgin Islands, American Samoa, 

and the Gulf of Mexico as EA-like areas, 

and has assigned them EA numbers 

173–176, respectively. Maps of the EAs 

and VPCSAs are available for public 

inspection and copying at the FCC 

Public Reference Room, Room CY–

A257, 445 12th Street, SW., 

Washington, DC 20554. Except as 

shown in the table, the frequency pairs 

listed in paragraph (c)(1)(i) of this 

section are available for assignment to a 

single licensee in each of the VPCSAs 

listed in the table in this paragraph. In 

addition to the EAs listed in the table in 

this paragraph, each VPCSA also 

includes the adjacent waters under the 

jurisdiction of the United States. * * *

(iii) Subject to paragraph (c)(3) of this 

section, each licensee may also operate 

on 12.5 kHz offset frequencies in areas 

where the licensee is authorized on both 

frequencies adjacent to the offset 

frequency, and in areas where the 

licensee on the other side of the offset 

frequency consents to the licensee’s use 

of the adjacent offset frequency. 

Coordination with Canada is required 

for offset operations under any 

circumstance in which operations on 

either adjoining 25 kHz channel would 

require such coordination. See § 80.57 

of this part.

* * * * *

■ 25. Section 80.373 is amended by 

revising paragraph (f) to read as follows:

§ 80.373 Private communications 

frequencies.

* * * * *

(f) Frequencies in the 156–162 MHz 

band. The following tables describe the 

carrier frequencies available in the 156–

162 MHz band for radiotelephone 

communications between ship and 

private coast stations. (Note: the letter 

‘‘A’’ following the channel designator 

indicates simplex operation on a 

channel designated internationally as a 

duplex channel.)

FREQUENCIES IN THE 156–162 MHZ BAND

Channel designator 

Carrier frequency 

(MHz) ship

transmit 

Carrier frequency 

(MHz) coast

transmit 

Points of communication (intership and between 

coast and ship unless otherwise indicated) 

Port Operations

01A1 ........................................................................ 156.050 156.050 

63A1 ........................................................................ 156.175 156.175 

05A2 ........................................................................ 156.250 156.250

65A .......................................................................... 156.275 156.275 

66A .......................................................................... 156.325 156.325 

12 3 .......................................................................... 156.600 156.600 

73 ............................................................................ 156.675 156.675 

14 3 .......................................................................... 156.700 156.700 

74 ............................................................................ 156.725 156.725 

75 18 ........................................................................ 156.775 156.775 

76 18 ........................................................................ 156.825 156.825 

77 4 .......................................................................... 156.875 .............................. Intership only.

20A12 ...................................................................... 157.000 .............................. Intership only. 

Navigational (Bridge-to-Bridge) 5

13 6 .......................................................................... 156.650 156.650

67 7 .......................................................................... 156.375 156.375

Commercial

01A1 ........................................................................ 156.050 156.050 

63A1 ........................................................................ 156.175 156.175 

07A .......................................................................... 156.350 156.350 

67 7 .......................................................................... 156.375 .............................. Intership only. 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64675

FREQUENCIES IN THE 156–162 MHZ BAND—Continued

Channel designator 

Carrier frequency 

(MHz) ship

transmit 

Carrier frequency 

(MHz) coast

transmit 

Points of communication (intership and between 

coast and ship unless otherwise indicated) 

08 ............................................................................ 156.400 .............................. Do. 

09 ............................................................................ 156.450 156.450 

10 ............................................................................ 156.500 156.500 

11 3 .......................................................................... 156.550 156.550 

18A .......................................................................... 156.900 156.900 

19A .......................................................................... 156.950 156.950 

79A .......................................................................... 156.975 156.975 

80A .......................................................................... 157.025 157.025 

88A8 ........................................................................ 157.425 .............................. Intership only. 

72 14 ........................................................................ 156.625 .............................. Intership only. 

Digital Selective Calling

70 15 ........................................................................ 156.525 156.525 

Noncommercial

68 17 ........................................................................ 156.425 156.425 

09 16 ........................................................................ 156.450 156.450 

69 ............................................................................ 156.475 156.475 

71 ............................................................................ 156.575 156.575 

72 ............................................................................ 156.625 .............................. Intership only. 

78A .......................................................................... 156.925 156.925 

79A .......................................................................... 156.975 156.975 Great Lakes only. 

80A .......................................................................... 157.025 157.025 Do. 

67 14 ........................................................................ 156.375 .............................. Intership only. 

Distress, Safety and Calling

16 ............................................................................ 156.800 156.800 

Intership Safety

06 ............................................................................ 156.300 .............................. a. Intership, or b. For SAR: Ship and aircraft for 

the U.S. Coast Guard. 

Environmental

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

Maritime Control

17 9 10 ...................................................................... 156.850 156.850 

Liaison and Safety Broadcasts, U.S. Coast Guard

22A11 ....................................................................... 157.100 157.100 Ship, aircraft, and coast stations of the U.S. Coast 

Guard and at Lake Mead, Nev., ship and coast 

stations of the National Park Service, U.S. Department of the Interior. 

1 156.050 MHz and 156.175 MHz are available for port operations and commercial communications purposes when used only within the U.S. 

Coast Guard designated Vessel Traffic Services (VTS) area of New Orleans, on the lower Mississippi River from the various pass entrances in 

the Gulf of Mexico to Devil’s Swamp Light at River Mile 242.4 above head of passes near Baton Rouge. 2 156.250 MHz is available for port operations communications use only within the U.S. Coast Guard designated VTS radio protection areas of 

New Orleans and Houston described in § 80.383. 156.250 MHz is available for intership port operations communications used only within the 

area of Los Angeles and Long Beach harbors, within a 25-nautical mile radius of Point Fermin, California. 3 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S. Coast Guard designated port areas only for VTS communications 

and in the Great Lakes available primarily for communications relating to the movement of ships in sectors designated by the St. Lawrence Seaway Development Corporation or the U.S. Coast Guard. The use of these frequencies outside VTS and ship movement sector protected areas is 

permitted provided they cause no interference to VTS and ship movement communications in their respective designated sectors. 4 Use of 156.875 MHz is limited to communications with pilots regarding the movement and docking of ships. Normal output power must not 

exceed 1 watt. 5 156.375 MHz and 156.650 MHz are available primarily for intership navigational communications. These frequencies are available between 

coast and ship on a secondary basis when used on or in the vicinity of locks or drawbridges. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts for coast stations or 25 watts for ship stations. 6On the Great Lakes, in addition to bridge-to-bridge communications, 156.650 MHz is available for vessel control purposes in established vessel traffic systems. 156.650 MHz is not available for use in the Mississippi River from South Pass Lighted Whistle Buoy ‘‘2’’ and Southwest Pass 

entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge. Additionally it is not available for use in the 

Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational Canal, except to aid the transition from 

these areas. 

64676 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

7 Use of 156.375 MHz is available for navigational communications only in the Mississippi River from South Pass Lighted Whistle Buoy ‘‘2’’ and 

Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge, and in addition over the full 

length of the Mississippi River-Gulf Outlet Canal from entrance to its junction with the Inner Harbor Navigational Canal, and over the full length of 

the Inner Harbor Navigational Canal from its junction with the Mississippi River to its entry to Lake Pontchartrain at the New Seabrook vehicular 

bridge. 8Within 120 km (75 miles) of the United States/Canada border, in the area of the Puget Sound and the Strait of Juan de Fuca and its approaches, 157.425 MHz is half of the duplex pair designated as Channel 88. In this area, Channel 88 is available to ship stations for communications with public coast stations only. More than 120 km (75 miles) from the United States/Canada border, in the area of the Puget Sound and the 

Strait of Juan de Fuca, its approaches, the Great Lakes, and the St. Lawrence Seaway, 157.425 MHz is available for intership and commercial 

communications. Outside Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is also available for communications between commercial fishing vessels and associated aircraft while engaged in commercial fishing activities. 9When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training exercises conducted by state or 

local governments. 10The frequency 156.850 MHz is additionally available to coast stations on the Great Lakes for transmission of scheduled Coded Marine 

Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions are permitted. Coast stations on the Great Lakes must cease weather broadcasts which cause interference to stations operating on 

156.800 MHz until the interference problem is resolved. 11The frequency 157.100 MHz is authorized for search and rescue training exercises by state or local government in conjunction with U.S. 

Coast Guard stations. Prior U.S. Coast Guard approval is required. Use must cease immediately on U.S. Coast Guard request. 12The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications. 13Available for assignment to coast stations, the use of which is in accord with an agreed program, for the broadcast of information to ship stations concerning the environmental conditions in which vessels operate, i.e., weather; sea conditions; time signals; notices to mariners; and hazards to navigation. 14Available only in the Puget Sound and the Strait of Juan de Fuca. 15The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital selective calling techniques. No other uses 

are permitted. 16The frequency 156.450 MHz is available for intership, ship and coast general purpose calling by noncommercial vessels, such as recreational boats and private coast stations. 17The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions as well as voice communications. 18The frequencies 156.775 and 156.825 MHz are available for navigation-related port operations or ship movement only, and all precautions 

must be taken to avoid harmful interference to channel 16. Transmitter output power is limited to 1 watt for ship stations, and 10 watts for coast 

stations. 

* * * * *

■ 26. Section 80.405 is amended by 

revising paragraph (c) to read as follows:

§ 80.405 Station license.

* * * * *

(c) Posting. (1) The current station 

authorization for a station other than a 

public coast station, or a clearly legible 

copy, must be posted at the principal 

control point of each station. If a copy 

is posted, it must indicate the location 

of the original. When the station license 

cannot be posted as in the case of a 

marine utility station operating at 

temporary unspecified locations or the 

ship or recreational boat does not have 

an enclosed wheelhouse, it must be kept 

where it will be readily available for 

inspection. The licensee of a station on 

board a ship subject to Part II or III or 

Title III of the Communications Act or 

the Safety Convention must retain the 

most recently expired ship station 

license in the station records until the 

first Commission inspection after the 

expiration date. 

(2) Public coast stations authorized 

under this part must make available 

either a clearly legible copy of the 

authorization for each station at the 

principal control point of the station or 

an address or location where the current 

authorization may be found and a 

telephone number of that 

authorization’s representative.

■ 27. Section 80.409 is amended by 

revising paragraphs (b)(2) and (c), by 

removing paragraphs (d)(4), (d)(5), and 

(d)(11), and redesignating paragraphs 

(d)(6) through (d)(10) as paragraphs 

(d)(4) through (d)(8).

§ 80.409 Station logs.

* * * * *

(b) * * *

(2) Logs containing entries required 

by paragraph (c) of this section must be 

kept either at the principal control point 

of the station or electronically filed at 

the station licensee’s primary office or 

available to the Commission via secured 

access to the licensee’s Internet web 

site. Logs containing entries required by 

paragraphs (e) and (f) of this section 

must be kept at the principal 

radiotelephone operating location while 

the vessel is being navigated. All entries 

in their original form must be retained 

on board the vessel for at least 30 days 

from the date of entry. Additionally, 

logs required by paragraph (f) of this 

section must be retained on board the 

vessel for a period of 2 years from the 

date of the last inspection of the ship 

radio station.

* * * * *

(c) Public coast station logs. Public 

coast stations must maintain a log, 

whether by means of written or 

automatic logging or a combination 

thereof. The log must contain the 

following information: 

(1) ‘‘ON DUTY’’ must be entered by 

the operator beginning a duty period, 

followed in the case of a written log by 

the operator’s signature. ‘‘OFF DUTY’’

must be entered by the operator being 

relieved of or terminating duty, 

followed in the case of a written log by 

the operator’s signature. 

(2) The date and time of making an 

entry must be shown opposite the entry. 

(3) Failure of equipment to operate as 

required and incidents tending to 

unduly delay communication must be 

entered.

(4) All measurements of the 

transmitter frequency(ies) must be 

entered with a statement of any 

corrective action taken. 

(5) Entries must be made giving 

details of all work performed which 

may affect the proper operation of the 

station. The entry must be made, dated 

and in the case of a written log signed 

by the operator who supervised or 

performed the work and, unless the 

operator is regularly employed on a fulltime basis at the station, must also 

include the mailing address, class, serial 

number, and expiration date of the 

operator license. 

(6) Entries must be made about the 

operation of the antenna tower lights 

when the radio station has an antenna 

structure requiring illumination by part 

17 of this chapter. 

(7) All distress or safety related calls 

transmitted or received must be entered, 

together with the frequency used and 

the position of any vessel in need of 

assistance.

* * * * *

■ 28. Section 80.471 is revised to read as 

follows:

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64677

§ 80.471 Discontinuance or impairment of 

service. 

Except as specified in § 20.15(b)(3) of 

this chapter with respect to commercial 

mobile radio service providers, a public 

coast station must not discontinue or 

impair service unless authorized to do 

so by the Commission.

■ 29. Section 80.905 is amended by 

revising paragraph (a) to read as follows:

§ 80.905 Vessel radio equipment. 

(a) Vessels subject to part III of title III 

of the Communications Act that operate 

in the waters described in § 80.901 

must, at a minimum, be equipped as 

follows: 

(1) Vessels operated solely within the 

communications range of a VHF public 

coast station or U.S. Coast Guard station 

that maintains a watch on 156.800 MHz 

while the vessel is navigated must be 

equipped with a VHF-DSC 

radiotelephone installation, except that 

a VHF radiotelephone installation 

without DSC capability is permitted 

until one year after the Coast Guard 

notifies the Commission that shorebased 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 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 shorebased sea area A2 coverage is 

established. The MF or MF–DSC 

transmitter and receiver must be capable 

of operation on 2670 kHz. 

(3) Vessels operated more than 100 

nautical miles but not more than 200 

nautical miles from the nearest land 

must: 

(i) Be equipped with a VHF–DSC 

radiotelephone installation, except that 

a VHF radiotelephone installation 

without DSC capability is permitted 

until one year after the Coast Guard 

notifies the Commission that shorebased sea area A1 coverage is 

established; 

(ii) Be equipped with an MF–DSC 

radiotelephone transmitter and receiver 

meeting the requirements of paragraph 

(a)(2) 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; and 

(iii) Be equipped with either: 

(A) A DSC-capable single sideband 

radiotelephone that complies with

ITU–R Rec. (series) M.493 Class A, B or 

E, and 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 (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, or M ship earth 

station, or an INMARSAT A ship earth 

station if installed prior to February 12, 

2004.

(iv) Be equipped with a reserve power 

supply meeting the requirements of 

§§ 80.917(b), 80.919 and 80.921, and 

capable of powering the single sideband 

radiotelephone or the ship earth station 

(including associated peripheral 

equipment) required by paragraph 

(a)(3)(iii) of this section, including the 

navigation receiver referred to in 

§ 80.905(a)(5); 

(v) Be equipped with a NAVTEX 

receiver conforming to the following 

performance standards: IMO Resolution 

A.525(13) and ITU–R Recommendation 

540; 

(vi) Be equipped with a Category I 

406–406.1 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; and 

(vii) Participate in the AMVER system 

while engaged on any voyage where the 

vessel is navigated in the open sea for 

more than 24 hours. Copies of the 

AMVER Bulletin are available at: 

AMVER Maritime Relations, USCG 

Battery Park Building, Room 201, New 

York, NY 10004–1499. Phone 212–668–

7764; Fax 212–668–7684. 

(4) Vessels operated more than 200 

nautical miles from the nearest land 

must: 

(i) Be equipped with two VHF–DSC 

radiotelephone installations, except that 

VHF radiotelephone installations 

without DSC capability are permitted 

until one year after the Coast Guard 

notifies the Commission that shorebased sea area A1 coverage is 

established; 

(ii) Be equipped with an MF–DSC 

radiotelephone transmitter and receiver 

meeting the requirements of paragraph 

(a)(2) 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; 

(iii) Be equipped with either: 

(A) A DSC-capable independent 

single sideband radiotelephone that 

complies with ITU–R Rec. (series) 

M.493 Class A, B or E, and 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-toshore 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, or M ship earth 

station, or an INMARSAT A ship earth 

station if installed prior to February 12, 

2004. 

(iv) Be equipped with a reserve power 

supply meeting the requirements of 

§§ 80.917(b), 80.919 and 80.921, and 

capable of powering the single sideband 

radiotelephone or the ship earth station 

(including associated peripheral 

equipment) required by paragraph 

(a)(4)(iii) of this section, including the 

navigation receiver referred to in 

§ 80.905(a)(5); 

(v) Be equipped with a NAVTEX 

receiver conforming to the following 

performance standards: IMO Resolution 

A.525(13) and ITU–R Recommendation 

540; 

(vi) Be equipped with a Category I 

406–406.1 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; 

(vii) Be equipped with a 

radiotelephone distress frequency watch 

receiver meeting the requirements of 

§ 80.269; 

(viii) Be equipped with an automatic 

radiotelephone alarm signal generator 

meeting the requirements of § 80.221; 

and 

64678 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

(ix) Participate in the AMVER system 

while engaged on any voyage where the 

vessel is navigated in the open sea for 

more than 24 hours. Copies of the 

AMVER Bulletin are available at: 

AMVER Maritime Relations, USCG 

Battery Park Building, Room 201, New 

York, NY 10004–1499. Phone 212–668–

7764; Fax 212–668–7684. 

(5) Vessels must comply with the 

requirements for a navigation receiver or 

manual updating of position 

information contained in § 80.1085(c).

* * * * *

■ 30. Section 80.1061 is amended by 

revising paragraphs (e) and (f) to read as 

follows:

§ 80.1061 Special requirements for 406.0–

406.1 MHz EPIRB stations.

* * * * *

(e) An identification code, issued by 

the National Oceanic and Atmospheric 

Administration (NOAA), the United 

States Program Manager for the 406.025 

MHz COSPAS/SARSAT satellite system, 

must be programmed in each EPIRB unit 

to establish a unique identification for 

each EPIRB station. With each 

marketable EPIRB unit, the 

manufacturer or grantee must include a 

postage pre-paid registration card 

printed with the EPIRB identification 

code addressed to: NOAA/SARSAT 

Beacon Registration, E/SP3, Federal 

Building 4, Room 3320, 5200 Auth 

Road, Suitland, MD 20746–4304. The 

registration card must request the 

owner’s name, address, telephone 

number, type of ship, alternate 

emergency contact and other 

information as required by NOAA. The 

registration card must also contain 

information regarding the availability to 

register the EPIRB at NOAA’s online 

web-based registration database at: 

http://www/

beaconregistration.noaa.gov. In 

addition, the following statement must 

be included: ‘‘WARNING—failure to 

register this EPIRB with NOAA before 

installation could result in a monetary 

forfeiture being issued to the owner.’’

(f) To enhance protection of life and 

property it is mandatory that each 

406.0–406.1 MHz EPIRB be registered 

with NOAA before installation and that 

information be kept up-to-date. 

Therefore, in addition to the 

identification plate or label 

requirements contained in §§ 2.925 and 

2.926 of this chapter, each 406.0–406.1 

MHz EPIRB must be provided on the 

outside with a clearly discernible 

permanent plate or label containing the 

following statement: ‘‘The owner of this 

406.0–406.1 MHz EPIRB must register 

the NOAA identification code contained 

on this label with the National Oceanic 

and Atmospheric Administration 

(NOAA) whose address is: NOAA, 

NOAA/SARSAT Beacon Registration, E/

SP3, Federal Building 4, Room 3320, 

5200 Auth Road, Suitland, MD 20746–

4304.’’ Vessel owners shall advise 

NOAA in writing upon change of vessel 

or EPIRB ownership, transfer of EPIRB 

to another vessel, or any other change in 

registration information. NOAA will 

provide registrants with proof of 

registration and change of registration 

postcards.

* * * * *

■ 31. Section 80.1063 is added to read as 

follows:

§ 80.1063 Special requirements for 

INMARSAT–E EPIRB stations. 

(a) Notwithstanding the provisions in 

paragraph (b) of this section, 

INMARSAT–E EPIRBs must meet all the 

technical and performance standards 

contained in IEC 61097–5 Ed. 1.0, titled 

‘‘Global maritime and distress 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. 

IEC 61097–5 Ed. 1.0, including Annexes 

A, B, and C, is incorporated by reference 

(see § 80.1101). 

(b) Prior to submitting a certification 

application for an INMARSAT–E 

radiobeacon, the radiobeacon must be 

certified by INMARSAT as complying 

with IEC 61097–5 Ed. 1.0. In addition, 

the radiobeacon must be tested as to 

compliance with the environmental and 

operational requirements identified in 

this paragraph (b) by the test facility 

which conducted the INMARSAT 

certification tests, or a test facility 

recognized by the U.S. Coast Guard. 

Information regarding recognized test 

facilities may be obtained from 

Commandant (G–MSE), U.S. Coast 

Guard, 2100 2nd Street, SW., 

Washington, D.C. 20593–0001, http://

www.uscg.mil/hq/g-m/mse/lablist/

161.011.htm.

(1) After an INMARSAT–E PIRB has 

been certified by the test facility, the 

following information must be 

submitted in duplicate to the 

Commandant (G–MSE), U.S. Coast 

Guard, 2100 2nd Street, SW., 

Washington D.C. 20593–0001: 

(i) The name of the manufacturer or 

grantee and the model number of the 

radiobeacon; 

(ii) Copies of the Inmarsat 

certification of compliance with IEC 

61097–5 Ed. 1.0; 

(iii) Copies of the test report and test 

data obtained from the test facility 

showing that the radiobeacon complies 

with IEC 61097–5 Ed. 1.0 and the 

environmental and operational 

requirements identified in this 

paragraph (b); and 

(iv) Instruction manuals associated 

with the radiobeacon, description of the 

test characteristics of the radiobeacon 

including assembly drawings, electrical 

schematics, description of parts list, 

specifications of materials, and the 

manufacturer’s quality assurance 

program. 

(2) After reviewing the information 

described in paragraph (c)(1) of this 

section, the U.S. Coast Guard will issue 

a letter stating whether the radiobeacon 

satisfies all of the requirements 

specified in paragrpahs (a) and (b) of 

this section. 

(c) A certification application for an 

INMARSAT–EPIRB submitted to the 

Commission must also contain a copy of 

the U.S. Coast Guard letter stating that 

the radiobeacon satisfies all of the 

requirements specified in paragraphs (a) 

and (b) of this section, a copy of the 

technical test data, and the instruction 

manual(s). 

(d) The manufacturer or grantee must 

include with each marketable 

INMARSAT–E EPIRB appropriate 

material for registration of the 

radiobeacon with INMARSAT, along 

with a written warning that failure to 

register the radiobeacon could delay 

rescue services in an emergency. 

(e) To enhance protection of life and 

property it is mandatory that each 

INMARSAT–E EPIRB be registered with 

INMARSAT before installation and that 

information be kept up-to-date. 

Therefore, in addition to the 

identification plate or label 

requirements contained in §§ 2.925 and 

2.926 of this chapter, each INMARSAT–

E EPIRB must be provided on the 

outside with a clearly discernable 

permanent plate or label containing the 

following statement: ‘‘The owner of this 

INMARSAT–E EPIRB must register the 

NOAA identification code contained on 

this label with INMARSAT at the 

following address: INMARSAT, 99 City 

Road, London, EC1Y 1AX, United 

Kingdom.’’ Vessel owners shall advise 

INMARSAT in writing upon change of 

vessel or EPIRB ownership, transfer of 

EPIRB to another vessel, or any other 

change in registration information.

(f) For INMARSAT–E EPIRBs whose 

identification code can be changed after 

manufacture, the identification code 

shown on the plate or label must be 

easily replaceable using commonly 

available tools.

■ 32. Section 80.1077 is revised to read 

as follows:

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64679

§ 80.1077 Frequencies. 

The following table describes the 

frequencies used in the Global Maritime 

Distress and Safety System:

Alerting: 

406.0–406.1 EPIRBs .......................................................................... 406.0–406.1 MHz (Earth-to-space). 

1544–1545 MHz (space-to-Earth). 

INMARSAT–E EPIRBs ..................................................................... 1626.5–1645.5 MHz (Earth-to-space). 

INMARSAT Ship Earth Stations capable of voice and/or direct 

printing.

1626.5–1645.5 MHz (Earth-to-space). 

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

MF/HF DSC2 11 ................................................................................. 2187.5 kHz3, 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12577 kHz, and 

16804.5 kHz. 

On-scene communications: 

VHF Ch.16 ........................................................................................ 156.8 MHz. 

MF Radiotelephony .......................................................................... 2182 kHz. 

NBDP ................................................................................................. 2174.5 kHz. 

Communications involving aircraft: 

On-scene, including search and rescue .......................................... 156.8 MHz4, 121.5 MHz5, 123.1 MHz, 156.3 MHz, 2182 kHz, 3023 

kHz, 4125 kHz, and 5680 kHz.6

Locating signals: 

406–406.1 EPIRB Beacons ............................................................... 121.5 MHz. 

9 GHz radar transponders ................................................................ 9200–9500 MHz. 

Maritime safety information (MSI): 

International NAVTEX ..................................................................... 518 kHz.7

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

NBDP ................................................................................................. 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 19680.5 

kHz, 22376 kHz, 26100.5 kHz. 

Satellite ............................................................................................. 1530–1545 MHz.10

General distress and safety communications and calling: 

Satellite ............................................................................................. 1530–1544 MHz (space-to-Earth) and 1626.5–1645.5 MHz (Earth-tospace).10

Radiotelephony ................................................................................. 2182 kHz, 4125 kHz, 6215 kHz, 8291 kHz, 12290 kHz, 16420 kHz, 

and 156.8 MHz. 

NBDP ................................................................................................. 2174.5 kHz, 4177.5 kHz, 6268 kHz, 8376.5 kHz, 12520 kHz, and 

16695 kHz. 

DSC .................................................................................................... 2187.5 kHz, 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12577 kHz, 16804.5 

kHz, and 156.525 MHz. 

Survival craft: 

VHF radiotelephony ......................................................................... 156.8 MHz and one other 156–174 MHz frequency 

9 GHz radar transponders ................................................................ 9200–9500 MHz. 

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

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

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

4Frequency 156.8 MHz may also be used by aircraft for safety purposes only. 

5Frequency 121.5 MHz may be used by ships for aeronautical distress and urgency purposes. 

6The priority of use for ship-aircraft communications is 4125 kHz, then 3023 kHz. Additionally, frequencies 123.1 MHz, 3023 kHz and 

5680 kHz can be used by land stations engaged in coordinated search and rescue operations. 7The international NAVTEX frequency 518 kHz is the primary frequency for receiving maritime safety information. The other frequencies 

are used only to augment the coverage or information provided on 518 kHz. 8 [Reserved] 

9 [Reserved] 

10 In addition to EPIRBs, 1544–1545 MHz can be used for narrowband distress and safety operations and 1645.5–1646.5 MHz can be used 

for relay of distress alerts between satellites. Feeder links for satellite communications are assigned from the fixed satellite service, see 47 

CFR § 2.106. 11Routine calling is not permitted on MF and HF DSC frequencies. 

* * * * *

■ 33. Section 80.1083 is amended by 

adding paragraphs (e) through (g) to read 

as follows:

§ 80.1083 Ship radio installations.

* * * * *

(e) In passenger ships, a distress panel 

shall be installed at the conning 

position. This panel shall contain either 

one single button which, when pressed, 

initiates a distress alert using all 

radiocommunications installations 

required on board for that purpose or 

one button for each individual 

installation. The panel shall clearly and 

visually indicate whenever any button 

or buttons have been pressed. Means 

shall be provided to prevent inadvertent 

activation of the button or buttons. If the 

satellite EPIRB is used as the secondary 

means of distress alerting and is not 

remotely activated, it shall be acceptable 

to have an additional EPIRB installed in 

the wheelhouse near the conning 

position. 

(f) In passenger ships, information on 

the ship’s position shall be continuously 

and automatically provided to all 

relevant radiocommunications 

equipment to be included in the initial 

distress alert when the button or buttons 

on the distress panel is pressed. 

(g) In passenger ships, a distress alarm 

panel shall be installed at the conning 

position. The distress alarm panel shall 

provide visual and aural indication of 

any distress alert or alerts received on 

board and shall also indicate through 

which radiocommunication service the 

distress alerts have been received.

■ 34. Section 80.1085 is amended by 

revising paragraph (a)(6)(i) and by 

adding paragraph (d) to read as follows:

§ 80.1085 Ship radio equipment-General. 

(a) * * *

64680 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

(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) of, 

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); and

* * * * *

(d) Every passenger ship shall be 

provided with means for two-way onscene radiocommunications for search 

and rescue purposes using the 

aeronautical frequencies 121.5 and 

123.1 MHz from the position from 

which the ship is normally navigated.

■ 35. Section 80.1087 is amended by 

revising paragraph (a)(2) to read as 

follows:

§ 80.1087 Ship radio equipment—Sea area 

A1. 

(a) * * *

(2) Through the polar orbiting satellite 

service on 406.0–406.1 MHz or the 

INMARSAT–E service in the 1.6 GHz 

band (this requirement may be fulfilled 

by the EPIRB required by 

§ 80.1085(a)(6), either by installing the 

EPIRB close to, or by allowing remote 

activation from, the position from which 

the ship is normally navigated); or

* * * * *

■ 36. 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); or

* * * * *

■ 37. Section 80.1091 is amended by 

revising paragraph (a)(4)(i), 

redesignating paragraph (b)(3)(ii) as 

(b)(3)(iii), and adding a new paragraph 

(b)(3)(ii) to read as follows:

§ 80.1091 Ship radio equipment—Sea 

areas A1, A2, and A3.

* * * * *

(a) * * *

(4) * * *

(i) Through the polar orbiting satellite 

service on 406.0–406.1 MHz 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); 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); or

* * * * *

■ 38. Section 80.1093 is amended by 

revising paragraph (a) to read as follows:

§ 80.1093 Ship radio equipment—Sea 

areas A1, A2, A3, and A4.

* * * * *

(a) In addition to meeting the 

requirements of § 80.1085 of this part, 

ships engaged on voyages in all sea 

areas must be provided with the radio 

installations and equipment required by 

§ 80.1091(b), except that the equipment 

required by § 80.1091(b)(3)(ii) and 

§ 80.1091(b)(3)(iii) cannot be accepted 

as an alternative to that required by 

§ 80.1091(b)(3)(i), which must always be 

provided.

* * * * *

■ 39. Section 80.1101 is amended by 

adding a new sentence to the end of 

paragraph (b) introductory text, by 

redesignating paragraph (c)(11) as (c)(13) 

and adding new paragraphs (c)(11) and 

(c)(12) to read as follows:

§ 80.1101 Performance standards.

* * * * *

(b) * * *

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. 

(c) * * *

(11) INMARSAT–E EPIRBs: (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. 

(12) Automatic Identification Systems 

(AIS): (i) ITU–R M.1371–1, ‘‘Technical 

characteristics for a universal shipborne 

automatic identification system using 

time division multiple access in the 

VHF maritime mobile band,’’ with 

Annexes, August 2001. 

(ii) IMO Resolution MSC.74(69), 

‘‘Adoption of New and Amended 

Performance Standards, Annex 3 

Recommendation on Performance 

Standards for a Universal Shipborne 

Automatic Identification Systems 

(AIS),’’ adopted 12 May 1998. 

(iii) IEC 61162–1, Second Edition, 

‘‘Maritime navigation and 

radiocommunication equipment and 

systems—Digital interfaces—Part 1: 

Single talker and multiple listeners,’’

July 2000. 

(iv) IEC 61162–100, Edition 1.0, 

‘‘Maritime navigation and 

radiocommunication equipment and 

systems—Digital interfaces—Part 100: 

Single talker and multiple listeners—

Extra requirements to IEC 61162–1 for 

the UAIS,’’ April 2002. 

(v) IEC 61993–2, First Edition, 

‘‘Maritime navigation and 

radiocommunication equipment and 

systems—Automatic identification 

systems (AIS)—Part 2: Class A 

shipborne equipment of the universal 

automatic identification system (AIS)—

Operational and performance 

requirements, methods of test and 

required test results,’’ December 2001, 

with Annexes.

* * * * *

■ 40. Section 80.1103 is amended by 

revising paragraphs (b) and (c) to read as 

follows:

§ 80.1103 Equipment authorization.

* * * * *

(b) Applicants for certification must 

submit with their applications 

measurement data sufficiently complete 

to ensure compliance with the technical 

parameters. The application must 

include the items listed in 47 CFR 

2.1033. Additional measurement data or 

information may be requested 

depending upon the equipment. For 

items not listed in § 2.1033 of this 

chapter, the applicant must attest that 

the equipment complies with 

performance standards as specified in 

§ 80.1101 and, where applicable, that 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64681

measurements have been made that 

demonstrate the necessary compliance. 

Submission of representative data 

demonstrating compliance is not 

required unless requested by the 

Commission. 

(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 

INMARSAT type-approval certification 

indicating that equipment meets 

GMDSS standards and includes all 

peripheral equipment associated with 

the specific unit under review.

* * * * *

[FR Doc. 04–23759 Filed 11–5–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3334, MM Docket No. 01–47, RM–

10063, RM–10119, RM–10120] 

Radio Broadcasting Services; Brady, 

Hico, Meridian, San Saba, Richland 

Springs, Teague, and Valley Mills, TX

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document dismisses a 

petition filed by Valley Mills Radio 

Broadcasting proposing the allotment of 

Channel 237C2 at Valley Mills, Texas, 

as its first local service. See 66 FR 

12921, published March 1, 2001. This 

document grants, in part, a 

counterproposal filed by Roy Henderson 

and Pecan Bayou Radio by allotting 

Channel 285A to Hico, Texas, as its first 

local service. To accommodate this 

allotment, the document also substitutes 

Channel 237A for Channel 285A at 

Meridian, Texas. This document also 

grants a counterproposal filed by Teague 

Broadcasting Company requesting the 

allotment of Channel 237C3 at Teague, 

Texas, as its first local service. See

SUPPLEMENTARY INFORMATION.

DATES: Effective January 5, 2005.

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MM Docket No. 01–47 

adopted October 20, 2004, and released 

October 25, 2004. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the Commission’s 

Reference Center, 445 Twelfth Street, 

SW., Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20054, 

telephone 1–800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

Channel 285A can be allotted to Hico 

consistent with the Commission’s 

minimum distance separation 

requirements at city reference 

coordinates. The reference coordinates 

for Channel 285A at Hico are 31–58–54 

North Latitude and 98–01–54 West 

Longitude. Channel 237A can be 

allotted to Meridian consistent with the 

Commission’s minimum distance 

separation requirements provided there 

is a site restriction of 7.4 kilometers (4.6 

miles) northwest of the community. The 

reference coordinates for Channel 237A 

at Meridian are 31–59–07 North 

Latitude and 97–41–22 West Longitude. 

Channel 237C3 can be allotted to 

Teague, in compliance with the 

Commission’s minimum distance 

separation requirements provided there 

is a site restriction of 19.6 kilometers 

(12.2 miles) north of the community. 

The reference coordinates for Channel 

237C3 at Teague are 31–47–33 North 

Latitude and 96–12–39 West Longitude.

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding Hico, Channel 285A, by 

removing Channel 285A and by adding 

Channel 237A at Meridian; and by 

adding Teague, Channel 237C3.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–24831 Filed 11–5–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3336; MB Docket No. 04–33; RM–

10847] 

Radio Broadcasting Services; Cordele, 

Dawson, and Pinehurst, GA

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In response to a Notice of 

Proposed Rule Making, 69 FR 12296 

(March 16, 2004) this Report and Order

upgrades Channel 251A, Station 

WMRZ(FM), Dawson, Georgia, to 

Channel 251C3; reallots Channel 252A, 

Station WQXZ(FM), Cordele, Georgia, to 

Pinehurst, Georgia, and modifies Station 

WQXZ(FM)’s license accordingly. The 

Report and Order also dismisses a 

pleading filed as a counterproposal, 

which proposed the allotment of 

Channel 252A to Coolidge, Georgia, as 

unacceptable for consideration. The 

coordinates for Channel 251C3 at 

Dawson, Georgia, are 31–37–25 NL and 

84–19–49 WL, with a site restriction of 

20 kilometers (12.4 miles) southeast of 

Dawson. The coordinates for Channel 

252A at Pinehurst, Georgia are 32–10–

03 NL and 83–37–51 WL, with a site 

restriction of 12.9 kilometers (8.0 miles) 

east of Pinehurst.

DATES: Effective December 10, 2004.

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–33, 

adopted October 20, 2004, and released 

October 25, 2004. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554. The document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will send a copy of this Report and