18226 Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Rules and Regulations

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 80 and 87

[CC Docket No. 96–82, FCC 96–145]

Operation of Certain Domestic Ship

and Aircraft Radio Stations Without

Individual Licenses

AGENCY: Federal Communications

Commission.

ACTION: Interim rule.

SUMMARY: This interim rule amends the

Federal Communications Commission’s

(Commission) rules regarding ship and

aircraft radio stations, to remove the

individual radio licensing requirement

and to authorize by rule the operation

of radio equipment on recreational

vessels and aircraft. The rules are

effective immediately pending a

proceeding to consider amending the

Commission’s rules. A Notice of

Proposed Rulemaking concerning these

rules is published concurrently in the

Federal Register. The Commission finds

that while receipt of public comment is

necessary to make a final determination

of public interest regarding the repeal of

licensing rules for recreational vessels

and aircraft, it is not in the public

interest to continue requiring such

applications to be filed pending

consideration of the proposed rules. The

basis for this finding is that this interim

rule will immediately reduce the

regulatory burdens on the public and

the Commission, and avoid the need to

return thousands of applications and

regulatory fees if the proposals in this

proceeding are ultimately adopted. The

interim rule does not make licensees

eligible for a partial refund of user fees.

However, if the interim rules are

adopted as final, such licensees may at

that time be eligible for a partial refund

of user fees pursuant to 47 CFR 1.1159.

The Commission further believes that

the interim rules are necessary to avoid

confusion and regulatory uncertainty in

the marine and aviation communities.

Moreover, the Commission does not

believe that any party will be harmed by

implementation of the interim rules,

pending completion of the rulemaking

proceeding.

EFFECTIVE DATE: April 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan Magnotti, Private Wireless

Division, Wireless Telecommunications

Bureau, (202) 418–0871, or at

smagnott@fcc.gov.

SUPPLEMENTARY INFORMATION: As

required by the Regulatory Flexibility

Act, it is hereby certified that this rule

will not have a significant impact on

small business entities.

List of Subjects

47 CFR Part 80

Radio, Vessels.

47 CFR Part 87

Radio.

Parts 80 and 87 of Chapter I of Title

47 of the Code of Federal Regulations,

Parts 80 and 87, are amended as follows:

PART 80—STATIONS IN THE

MARITIME SERVICES

1. The authority citation for Part 80

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

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

4726, 12 UST 2377.

2. Section 80.13 is revised to read as

follows:

§ 80.13 Station license required.

(a) Except for those excluded in

paragraph (c) of this section, stations in

the maritime service must be licensed

by the FCC either individually or by

fleet.

(b) One ship station license will be

granted for operation of all maritime

services transmitting equipment on

board a vessel.

(c) A ship station is licensed by rule

and does not need an individual license

issued by the FCC if the ship station is

not subject to the radio equipment

carriage requirements of the

Communications Act or any other treaty

or agreement to which the United States

is signatory, the ship station does not

travel to foreign ports, and the ship

station does not make international

communications. A ship station

licensed by rule is authorized to

transmit radio signals using a marine

radio operating in the 156–162 MHz

band, any type of EPIRB, and any type

of radar installation. All other

transmissions must be authorized under

a ship station license. Even though an

individual license is not required, a ship

station licensed by rule must be

operated in accordance with all

applicable operating requirements,

procedures, and technical specifications

found in this Part 80.

PART 87—AVIATION SERVICES

1 . The authority citation for Part 87

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–156, 301–609.

2. A new § 87.18 is added to read as

follows:

§ 87.18 Station license required.

(a) Except for those excluded in

paragraph (b) of this section, stations in

the aviation service must be licensed by

the FCC either individually or by fleet.

(b) An aircraft station is licensed by

rule and does not need an individual

license issued by the FCC if the aircraft

station is not subject to the radio

equipment carriage requirements of any

statute, treaty, or agreement to which

the United States is signatory, the

aircraft station is on board a private

aircraft, and the aircraft station does not

make international flights or

communications. Even though an

individual license is not required, an

aircraft station licensed by rule must be

operated in accordance with all

applicable operating requirements,

procedures, and technical specifications

found in this Part 87.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–10163 Filed 4–23–96; 8:45 am]

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