81_FR_90980 81 FR 90739 - Maritime Radio Equipment and Related Matters

81 FR 90739 - Maritime Radio Equipment and Related Matters

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 241 (December 15, 2016)

Page Range90739-90750
FR Document2016-29612

In this document, the Federal Communications Commission (Commission or FCC) addresses a number of important issues regarding updating rules and requirements for technologies used to locate and rescue distressed ships and individuals in distress at sea or on land to provide better and more accurate data to rescue personnel. The Commission also addresses issues regarding radar equipment, the use of portable marine Very High Frequency (VHF) transmitters by persons on shore; permitting VHF digital small message service (VDSMS); and allowing assignment or transfer of control of ship station licenses. The Commission is amending its rules to permit the maritime community to make use of the most advanced and reliable communications technologies available for the alerting of search and rescue authorities when a vessel or individual is in distress, and to further the Commission's goal of ensuring that the spectrum allocated for emergency communications is used effectively and efficiently.

Federal Register, Volume 81 Issue 241 (Thursday, December 15, 2016)
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90739-90750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29612]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 25, 80 and 95

[WTB Docket No. 14-36; FCC 16-119]


Maritime Radio Equipment and Related Matters

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) addresses a number of important issues regarding 
updating rules and requirements for technologies used to locate and 
rescue distressed ships and individuals in distress at sea or on land 
to provide better and more accurate data to rescue personnel. The 
Commission also addresses issues regarding radar equipment, the use of 
portable marine Very High Frequency (VHF) transmitters by persons on 
shore; permitting VHF digital small message service (VDSMS); and 
allowing assignment or transfer of control of ship station licenses. 
The Commission is amending its rules to permit the maritime community 
to make use of the most advanced and reliable communications 
technologies available for the alerting of search and rescue 
authorities when a vessel or individual is in distress, and to further 
the Commission's goal of ensuring that the spectrum allocated for 
emergency communications is used effectively and efficiently.

DATES: Effective January 17, 2017 except for the amendments to 
Sec. Sec.  80.233, 80.1061, 95.1402 and 95.1403 which contain 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. The FCC will publish a 
document in the Federal Register announcing the effective date for 
those amendments. The incorporation by reference of certain 
publications listed in the rule is approved by the Director of the 
Federal Register as of January 17, 2017, except for the publications in 
Sec. Sec.  80.7 (amendatory instruction #7), 80.233, 80.1061, 95.1402 
and 95.1403 which are in sections that contain information collection 
requirements that are not effective until approved by the Office of 
Management and Budget. The FCC will publish a document in the Federal 
Register announcing the approval date for the incorporation by 
reference of publications into those sections.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. In addition to filing comments with the Office of 
the Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection requirements contained herein should be 
submitted to Cathy Williams, Federal Communications Commission, 1-C823, 
445 12th Street SW., Washington, DC 20554, or send an email to 
PRA@fcc.gov. The Commission will send a copy of this Report & Order, in 
a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

FOR FURTHER INFORMATION CONTACT: James Shaffer, James.Shaffer@FCC.gov, 
Wireless Telecommunications Bureau, (202) 418-0687, or TTY (202) 418-
7233. For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams, Cathy.Williams@fcc.gov, (202) 418-2918, or send an 
email to PRA@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order (R&O), in WT Docket No. 
14-36, FCC 16-119, adopted on August 31, 2016, and released on 
September 1, 2016. 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 full 
text may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by sending an email to 
fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau 
at 202-418-0530 (voice), 202-418-0432 (tty).
    1. The Report and Order will permit the maritime community to make 
use of the most advanced and reliable communications technologies 
available for the alerting of search and rescue authorities when a 
vessel is in distress. Our decisions herein also further the 
Commission's goal of ensuring that the spectrum allocated for maritime 
communications is used effectively and efficiently.
    2. The Report and Order incorporates by reference standards for 
certain marine and personal radio safety devices and a standard to 
provide VHF Digital Small Message Service (VDSMS) on certain marine VHF 
channels. For 406 MHz Emergency Position Indicating Radiobeacons 
(EPIRBs) the Radio Technical Commission for Maritime Services (RTCM) 
Standard 11000.3 provides the latest technical and testing procedures 
for EPRIBs and requires them to have an internal navigation device 
designed to provide position data upon activation. For 406 MHz Personal 
Locator Beacons (PLBs) the RTCM Standard 11010.2 provides updated 
technical requirements and adds test procedures for PLBs with integral 
GNSS receivers or internal navigation devices. For Satellite Emergency 
Notification Devices (SENDs) RTCM Standard 12800.0 provides minimum 
requirements for the functional and technical performance of SENDs to 
ensure reliability in emergency situations. For Maritime Survivor 
Locating Devices (MSLDs) RTCM Standard 11901.1 provides minimum 
functional and technical performance of MSLDs. For Automatic 
Identification System Search and Rescue Transmitters (AIS-SARTs) the 
International Maritime Organization (IMO) Resolution MSC.246(83) and 
the International Electrotechnical Commission (IEC) 61097-14 provide 
the minimum performance requirements and technical specifications for 
AIS-SARTs. Finally, for VHF digital small message services (VDSMS) RTCM 
Standard 12301.1 provides technical standard that enables transmission 
of short digital messages without interfering with other communications 
on the same channel. Copies of the RTCM documents are available and may 
be obtained from the Radio Technical Commission for

[[Page 90740]]

Maritime Services, 1611 N. Kent Street, Suite 605, Arlington, Virginia 
22209. Copies of the IMO documents are available and may be obtained 
from the International Maritime Organization (IMO), 4 Albert 
Embankment, London SE1 7SR, United Kingdom; http://www.imo.org; Tel. + 
44 (0)20 7735 7611; Fax + 44 (0)20 7587 3210; email: info@imo.org. 
Copies of the IEC documents are available and may be obtained from 
International Electrotechnical Commission (IEC), 3 Rue de Varembe, CH-
1211, Geneva 20, Switzerland; www.iec.ch; phone: + 41 22 919 02 11; 
fax: + 41 22 919 03 00; email: info@iec.ch. (IEC publications can also 
be purchased from the American National Standards Institute (ANSI) 
through its NSSN operation (www.nssn.org), at Customer Service, 
American National Standards Institute, 25 West 43rd Street, New York NY 
10036, telephone (212) 642-4900.) The documents are available for 
inspection at Commission headquarters at 445 12th Street SW., 
Washington, DC 20554.

Emergency Position Indicating Radio Beacons (EPIRBs)

    3. EPIRBs are carried on board ships to alert others of a distress 
situation, and to assist search and rescue (SAR) personnel in locating 
those in distress. Specifically, an EPIRB transmits a digital signal on 
406.0-406.1 MHz (406 MHz) that is detected by the search and rescue 
satellite-aided tracking (SARSAT) system operated by the National 
Oceanic and Atmospheric Administration (NOAA). The digital signal 
provides distress alerting, homing assistance, country and 
identification code of the station in distress, and other pertinent 
information. Traditional EPIRBs rely on satellite Doppler shift to 
identify the distress location. Some EPIRBs, however, transmit their 
Global Navigation Satellite System (GNSS) coordinates, which enables 
SAR authorities to determine an accurate location significantly faster 
than satellite Doppler shift.
    4. EPIRBs must comply with the Radio Technical Commission for 
Maritime Services (RTCM) EPIRB standard incorporated by reference in 
our rules. RTCM updated its EPIRB standard to require, among other 
conditions, an internal navigation device designed to provide position 
data upon activation. The Commission asked if the new RTCM EPIRB 
standard should be incorporated by reference in our rules, and sought 
comment on the appropriate timetable for phasing out certification, 
manufacture, sale and use of EPIRBs that do not comply with the new 
standard.
    5. All commenters addressing the issue support revising Part 80 to 
incorporate by reference the revised RTCM EPIRB standard. We agree that 
such an action is in the public interest because better location 
availability reduces search time and therefore contributes to the 
success of emergency rescues. Moreover, most commenters state that the 
price difference between EPIRBs that broadcast position data and those 
that do not has diminished or even disappeared, so adopting this 
requirement will impose little or no additional cost on end-users who 
purchase EPIRBs that comply with the new standard. We amend our rules 
to incorporate by reference the revised RTCM EPIRB standard \1\ as 
proposed.\2\
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    \1\ After the Notice of Proposed Rulemaking (Notice) was 
released, RTCM revised the standard. See RTCM Standard 11000.4 for 
406 MHz Satellite Emergency Position Indicating Radio Beacons 
(EPIRBs), dated June 1, 2015. The amended standard adds an option 
for the use of AIS position locating in addition to or in lieu of 
121.5 MHz homing. NTIA requests that we incorporate the amended 
standard, but we decline to add the AIS option without notice and 
comment. Until such time as the amended standard is incorporated 
into part 80, manufacturers may request waivers to permit the 
equipment authorization and use of AIS EPIRBs.
    \2\ We also, as proposed, remove references in part 80 to 
COSPAS-SARSAT C/S T.001, Specification for COSPAS-SARSAT 406 MHz 
Distress Beacons, and COSPAS-SARSAT C/S T.007 distress beacons 
specifications because they are included in the RTCM EPIRB standard, 
and EPIRBs must be tested for compliance with these specifications 
before being submitted for equipment authorization. We decline 
RTCM's suggestion to incorporate by reference the revised version of 
ITU-R Recommendation M.633-3, ``Transmission characteristics of a 
satellite emergency position-indicating radiobeacon (satellite 
EPIRB) system operating through a low polar-orbiting satellite 
system in the 406 MHz band,'' 2004 (ITU-R M.633-3), as beyond the 
scope of the Notice, because the Commission did not propose to amend 
the rules to revise the version of ITU-R M.633 that is incorporated 
by reference.
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    6. With respect to the appropriate timeline for phasing out EPIRBs 
that do not comply with the new standard, commenters generally agree 
that the Commission should cease accepting applications for 
certification of non-compliant EPIRBs beginning one year after the 
effective date of the rules adopted herein. With minor variations, 
commenters support prohibiting the continued manufacture, importation, 
and sale of non-compliant EPIRBs three years after the effective date. 
We conclude that these time frames are reasonable, and amend our rules 
to set forth these deadlines. With respect to continued use of non-
compliant EPIRBs, most commenters argue that there is no need to 
establish a date after which use of such EPIRBs will be prohibited 
because most boat owners replace their EPIRBs at the battery 
replacement date, which is typically five years after the EPIRB is 
sold, and one commenter proposes that use of non-compliant EPIRBs be 
prohibited six years after the rules become effective to allow owners 
to obtain the full five-year battery life of their current devices. We 
agree with the commenters that no deadline is required for vessels that 
voluntarily carry EPIRBs. We note that use by voluntary vessels of 
EPIRBs that do not comply with the new standard will continue to 
provide SAR personnel with the same quality of location information as 
they do currently. However, we adopt a six-year deadline for vessels 
that are required under our rules to carry EPIRBs, in order to ensure 
that these vessels provide better location availability during distress 
situations. We conclude that these transition periods fairly balance 
the interest in minimizing the compliance burden against the benefits 
of deploying new maritime safety features expeditiously.
    7. Finally, we adopt our proposal to amend our rules to make plain 
that the use of prior-generation EPIRBs that operate only on 121.5/243 
MHz and do not operate on 406 MHz is prohibited. Commenters support 
this proposal, which simply clarifies a prohibition that was adopted in 
2002.

Personal Locator Beacons (PLBs)

    8. Like EPIRBs, PLBs send distress signals on 406 MHz that are 
detected by the COSPAS-SARSAT satellite system and relayed to SAR 
authorities, but PLBs can be used on land and are intended to meet the 
distress alerting needs of the general public. PLB use is licensed by 
rule under part 95 of the Commission's rules, which governs the 
Personal Radio Services (PRS).
    9. PLBs must comply with the RTCM PLB standard incorporated by 
reference in our rules. RTCM revised its PLB standard to update various 
technical requirements and to add test procedures for PLBs with 
integral GNSS receivers or internal navigation devices. The Commission 
asked if the new RTCM PLB standard should be incorporated by reference 
in our rules and, if so, sought comment on the appropriate timetable 
for phasing out the certification, manufacture, sale and use of PLBs 
that do not comply with the new standard.
    10. All commenters who address the question support revising part 
95 to incorporate by reference the revised RTCM PLB standard. We agree 
that such an action is in the public interest because better location 
availability minimizes search time and therefore contributes to the 
success of emergency rescues. Moreover, commenters do not believe that 
compliance with the new

[[Page 90741]]

testing protocol will materially affect PLB prices, so adopting this 
requirement will impose little or no additional cost on purchasers of 
PLBs that comply with the new standard. We amend our rules to 
incorporate by reference the revised RTCM PLB standard.\3\
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    \3\ As suggested by commenters, we also remove the technical 
requirements set forth in section 95.1402(b) of the Commission's 
rules because those requirements are included in the revised RTCM 
PLB standard. We also, as above with respect to EPIRBs, remove the 
references in part 95 to COSPAS-SARSAT T.007 because it is included 
in the RTCM PLB standard.
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    11. With respect to the appropriate timeline for phasing out PLBs 
that do not comply with the new standard, commenters agree that the 
Commission should cease accepting applications for certification of 
non-compliant PLBs beginning one year after the effective date of the 
rules adopted herein. With some minor variations, commenters support 
prohibiting the continued manufacture, importation, and sale of non-
compliant PLBs three years after the effective date. We conclude that 
these time frames are reasonable, and amend our rules to set forth 
these deadlines. We agree with the majority of commenters that there is 
no need to establish a date after which use of non-compliant PLBs will 
be prohibited, because PLB use is voluntary and the continued use of 
PLBs that do not comply with the new standard will deliver the current 
quality of service to SAR personnel for distress alerting and locating 
capabilities. We conclude that these transition periods fairly balance 
the interest in minimizing the compliance burden against the benefits 
of deploying new safety features expeditiously.
    12. The Commission also sought comment on whether, as recommended 
by the Secretariat of the International COSPAS-SARSAT Programme 
(COSPAS-SARSAT), to amend part 95 to limit the use of 406 MHz band by 
PLBs to ``distress and safety of life communications,'' instead of 
``distress and safety communications.'' This clarification would make 
clear that PLB use should be under emergency conditions and for 
survival purposes. While non-life threatening emergencies or safety 
communications are important functions, use of PLBs to alert rescuers 
should be limited to situations of grave and imminent danger. This 
excludes some situations that might be broadly considered as safety 
communications. We agree with RTCM, the only commenter addressing this 
issue, that this clarification of the intended use of PLBs would be 
beneficial, and we amend the rule accordingly. As recommended by 
COSPAS-SARSAT, we also amend the rules to clarify that, rather than 
``issu[ing]'' unique identification codes, NOAA recognizes codes that 
manufacturers create based on COSPAS-SARSAT guidance.
    13. PLB owners must register their beacons with NOAA.\4\ Part 95 
requires manufacturers to include a postage pre-paid registration card 
with each PLB, and to set forth NOAA's mailing address on the PLB 
label.\5\ Commenters state that NOAA's current preferred method of 
beacon registration is online. We will therefore add the NOAA Web site 
information to our rules, but decline ACR's suggestion that we require 
manufacturers to add the Web site address to the PLB label as beyond 
the scope of the Notice, which did not propose to change the labeling 
requirements.\6\ Manufacturers may of course include such information 
with each PLB if they choose.
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    \4\ No commenter supported COSPAS-SARSAT's request that the 
Commission amend part 95 to emphasize that PLB owners are required 
to register their beacons. We conclude that the proposal is 
unnecessary because the rule already makes this clear.
    \5\ We note in response to commenters' concern that the mailing 
address set forth in the rule is obsolete that the rule was updated 
after those comments were filed.
    \6\ We note that ACR's suggestion that we prohibit the marketing 
as a ``Personal Locator Beacon'' or ``PLB'' of any device that does 
not meet the RTCM standard is under consideration in another 
proceeding.
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Satellite Emergency Notification Devices (SENDs)

    14. Although there is no established definition for the term 
``SENDs,'' it is often used to refer to small transmitters that provide 
a means for individuals in remote areas to alert others of an emergency 
situation and to aid SAR personnel to locate those in distress. These 
devices differ from PLBs in that they operate on satellite networks 
other than the 406 MHz COSPAS-SARSAT system. The service provided is 
typically a subscription service that sends data to a satellite, and is 
then used to create a Web-based report that enables the tracking of 
persons.
    15. RTCM, with participation from the mobile satellite industry, 
has developed minimum requirements for the functional and technical 
performance of SENDs to ensure that these devices will work with a high 
degree of reliability in emergency situations. The Commission sought 
comment on RTCM's proposal that the part 95 rules be amended to 
incorporate by reference its SEND standard, and to prohibit devices 
that do not meet that standard from being marketed as SENDs. The 
Commission noted, however, that such devices do not require 
authorization under part 95 because they already can operate pursuant 
to the part 25 mobile satellite service (MSS) rules, and tentatively 
concluded that incorporating what is effectively a voluntary standard 
is unnecessary and would not further the public interest.
    16. Commenters are split regarding whether we should incorporate by 
reference RTCM's SEND standard into our rules. Most argue that it 
should be incorporated because users rely on satellite emergency 
notification services in emergency situations and expect devices to 
perform in a manner similar to PLBs (which, as discussed above, are 
required to meet the relevant RTCM standard), but the part 25 MSS rules 
do not include any specific provisions to ensure that devices will 
perform with the degree of reliability specified in the RTCM standard. 
ACR Electronics Inc. (ACR), a manufacturer of survival products, argues 
further that compliance with the RTCM SEND standard should be mandatory 
for all satellite communications devices outside the 406 MHz band that 
provide emergency distress notification functions, except for devices 
that offer real-time two-way switched voice service. Iridium Satellite 
LLC (Iridium), an MSS provider, argues that incorporation by reference 
of the standard is unnecessary because voluntary compliance with the 
SEND standard by manufacturers and MSS providers is sufficient.
    17. We are adopting RTCM's proposal to the extent that we 
incorporate the RTCM SEND standard by reference under the part 25 MSS 
rules for devices that are marketed as SENDs. We address commenters' 
concerns about consumer expectations by amending part 25 to specify 
that the terms ``SEND'' and ``Satellite Emergency Notification Device'' 
may be used in marketing and sales only for devices that meet the 
requirements set forth in the RTCM SEND standard. We agree with Iridium 
that requiring all devices that are capable of transmitting an 
emergency distress alert to meet the RTCM SEND standard is 
overbroad.\7\
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    \7\ Implementation of such a requirement could require a more 
precise definition of what devices are covered, which is beyond the 
scope of the record in this proceeding.
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Maritime Survivor Locating Devices (MSLDs)

    18. MSLDs are intended for use by persons at risk of falling into 
the water such as mariners and workers on marine installations or 
docks, or by divers

[[Page 90742]]

returning to the surface out of sight of their dive boats. They can be 
worn on or as part of a garment or life jacket, and are intended to 
facilitate the rescue of personnel in the vicinity of their vessel or 
structure so that immediate assistance can be rendered without a time-
consuming and expensive SAR operation. In light of this narrower focus, 
MSLDs do not operate on a frequency monitored by COSPAS-SARSAT, and do 
not transmit with as much power or for as long as EPIRBs or PLBs. 
Instead, MSLDs transmit on frequencies that are received on a device 
monitored by personnel at the MSLD-wearer's vessel or facility.
    19. RTCM has developed minimum requirements for the functional and 
technical performance of MSLDs. The Commission proposed to incorporate 
by reference RTCM's MSLD standard into the part 95 rules to allow 
certification and use of devices meeting the standard, and asked 
whether manufacturers should be required to coordinate their 
applications for equipment certification of MSLDs with the United 
States Coast Guard (Coast Guard). The Commission also sought comment on 
the appropriate timetable for phasing out manufacture, sale and use of 
devices intended to aid in the location of persons in the water that 
were approved by waiver but do not comply with RTCM's MSLD standard.
    20. Commenters agree that RTCM's MSLD standard should be 
incorporated by reference in our rules. We agree that allowing for 
certification and use of MSLDs will enhance safety for individuals on 
or near the water by providing for earlier alerting and rescues that 
are both more rapid and effective and less costly, and we therefore 
incorporate the standard into part 95 as proposed.\8\ We also agree 
with commenters who support coordination with the Coast Guard for 
equipment authorization to assure that MSLDs meet the RTCM MSLD 
standard, and will therefore also require such coordination. As 
suggested by RTCM, certification of MSLDs that include a function 
intended to send a distress message directly to the Coast Guard or any 
other SAR organization will not be permitted unless that function is 
endorsed by the Coast Guard in its pre-certification review. With 
respect to the appropriate timeline for phasing out devices that were 
approved by waiver but do not comply with the standard, we will 
prohibit the continued manufacture, importation, and sale of non-
compliant devices as of one year after the effective date of the rules 
adopted herein, but will permit the continued use of those devices.
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    \8\ After the Notice was released, RTCM revised the standard. 
The amended standard adds an option permitting ``open loop'' 
operation allowing alerting of all vessels in the vicinity with 
Digital Selective Calling (DSC) radios of the alert situation. DSC 
is a digital signaling system that automatically allows ship and 
shore stations to call one another directly, similar to the use of a 
telephone, and establish contact. RTCM requests that we incorporate 
its amended MSLD standard but we decline to authorize the ``open 
loop'' option without notice and comment. Instead, we incorporate by 
reference the 2012 version of RTCM's MSLD standard.
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Automatic Identification System Search and Rescue Transmitters (AIS-
SARTs)

    21. Like EPIRBs, SARTs are carried on board ships and survival 
craft to alert others of a distress situation, and to assist SAR 
personnel in locating those in distress. Currently, the part 80 rules 
authorize only traditional SARTs, which act as active reflectors of 
9.2-9.5 GHz (9 GHz) radar signals. Each time a 9 GHz SART detects a 
pulse from the radar of a searching vessel that is within approximately 
five nautical miles, the SART transmits a signal that is displayed on 
the screen of the radar that activated it.
    22. An AIS-SART, as part of the AIS maritime navigation safety 
communications system, is used to locate a survival craft or distressed 
vessel by transmitting a unique identification code and GPS coordinates 
to all AIS-enabled devices within VHF radio range. The International 
Maritime Organization (IMO) has amended the GMDSS regulations to permit 
AIS-SARTs as an alternative to 9 GHz SARTs. In addition, the 
International Electrotechnical Commission (IEC) approved performance 
and technical specifications for AIS-SARTs. In the Notice, the 
Commission proposed to incorporate by reference the IMO and IEC 
standards for AIS-SARTs into our rules, which would allow certification 
and use of AIS-SARTs meeting those standards, and to require 
manufacturers to coordinate AIS-SART equipment certification 
applications with the Coast Guard.
    23. We agree with the commenters that AIS-SARTs represent an 
important tool for improving maritime safety and have gained 
international acceptance, and therefore revise Part 80 to incorporate 
by reference the IMO and IEC standards for AIS-SARTs. We will require 
that AIS-SART equipment certification applications be coordinated with 
the Coast Guard, as is required for other AIS equipment. We agree with 
RTCM's suggestion to use the term ``search and rescue locating 
devices'' when referring to both traditional SARTs and AIS-SARTs, but 
we decline, as beyond the scope of this proceeding, its request that we 
amend the rules regarding the stowage of these devices on ships 
equipped with free-fall lifeboats.

Ship Radar

    24. Section 80.273 of the Commission's Rules contains the technical 
requirements for radar equipment installed on ships, and incorporates 
by reference relevant international standards for such equipment, 
including IEC 62388 for compulsory vessels and IEC 62252 for voluntary 
vessels. As proposed in the Notice, we amend part 80 to remove the 
incorporation by reference of IEC 62252 because manufacturers have not 
designed or built radar sets to this standard, and IEC has withdrawn 
the standard. We understand that RTCM is in the process of drafting new 
ship radar standards for voluntary vessels and anticipates publishing 
these standards in the near future. Voluntary vessels are permitted to 
carry radar equipment intended for use solely on voluntary vessels, 
without reference to any particular standard, until appropriate 
standards are developed and adopted. As proposed, we also correct a 
cross-reference to clarify that radar installations on compulsory 
vessels must meet IEC 62388.\9\
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    \9\ In addition, as suggested by commenters, we revise section 
80.273(b) to agree with the latest IEC 62388 standard and require 
``effective diameter of not less than 320 millimeters (12.6 
inches)'' for the radar display, rather than 340 millimeters (13.4 
inches).
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Portable Marine VHF Radios on Shore

    25. Section 80.115(a)(2) of the Commission's Rules prohibits the 
use on shore of a portable marine VHF radio associated with a vessel. 
The GMDSS Task Force proposed that the rule be amended to allow persons 
on shore within three miles of the water to use portable marine VHF 
radios to communicate with the vessel that is subject to the ship 
station authorization. The Commission, however, noted that limitations 
on the use of maritime frequencies are intended to minimize 
interference to maritime communications (particularly distress and 
safety messages), and tentatively concluded that permitting the use of 
portable marine VHF radio transmitters on shore would not further the 
public interest. We questioned the practical enforceability of a three-
mile rule, and asked whether shore parties' communications needs could 
be met by commercial mobile radio service (CMRS) or PRS options. The 
Commission also asked commenters supporting the proposal to discuss 
what limitations would be appropriate to

[[Page 90743]]

minimize the impact on maritime communications.
    26. The GMDSS Task Force acknowledges that CMRS options likely will 
be preferred in areas with reliable coverage, and asserts that this 
makes it unlikely that use of low-powered portable marine VHF radio 
radios on land will interfere with maritime communications. It also 
argues that permitting such use will further the public interest by 
encouraging more boaters to a carry a VHF radio, which has safety 
benefits not available from CMRS or PRS options because marine VHF 
channels can be used to contact the Coast Guard and other nearby 
vessels in a distress situation, for bridge-to-bridge communications, 
and to receive maritime safety information broadcasts.
    27. We agree with commenters that the public interest will be 
served by allowing the use of portable VHF radios ashore, so long as it 
is limited to enhancing the usefulness of marine VHF radios without 
negatively affecting maritime communications. Such limited onshore use 
will promote flexibility in the use of marine radio equipment in a 
manner that furthers maritime safety by encouraging more boaters to a 
carry a VHF radio. Specifically, as suggested by ACR, we will permit 
use of portable marine VHF radios only in areas adjacent to the water, 
such as docks and beaches. In addition, as suggested by RTCM, and 
consistent with our requirements for offshore use, onshore 
communications using such radios must relate to the operational and 
business needs of the associated vessel, and must be limited to the 
minimum practicable transmission time.\10\ We amend section 80.115 
accordingly.\11\ We caution operators that the Commission's Enforcement 
Bureau will continue to investigate complaints against operators who 
improperly use marine VHF radios, particularly any violation that 
concerns unauthorized transmissions on 156.800 MHz (VHF Channel 16).
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    \10\ We remind all operators that superfluous radiocommunication 
is considered an unauthorized transmission in the Maritime Services. 
See 47 CFR 80.89(a).
    \11\ We amend the rule to clarify that portable VHF DSC radios 
should operate on frequency 156.525 MHz (Channel 70), which is the 
DSC Distress, Safety and Calling channel but was not specifically 
listed in section 80.115.
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VHF Digital Small Message Services (VDSMS)

    28. VDSMS is intended to provide short-distance digital messaging 
ship-to-ship, shore-to-ship and ship-to-shore. The International 
Telecommunication Union (ITU) has recognized the future need for 
worldwide systems to exchange data and email on maritime VHF channels 
and the availability of new digital data systems that provide this 
service efficiently and without harmful interference. In the United 
States, however, maritime communications generally are limited to 
particular emission designators in order to avoid interference between 
users; a full range of data transmissions is permitted only on VHF 
Public Coast frequencies and one channel in Alaska.
    29. RTCM developed a technical standard for VDSMS that enables 
transmission of short digital messages without interfering with other 
communications on the same channel. The Commission proposed to amend 
part 80 to incorporate by reference the RTCM VDSMS standard in order to 
permit transmission of short data messages on VHF maritime private 
communications frequencies. It tentatively concluded that accommodating 
VDSMS in the Commission's rules would advance the Commission's goal of 
promoting flexibility and efficiency in the use of marine radio 
equipment in a manner that would further maritime safety.
    30. RTCM, the only commenter addressing this issue, agrees that 
part 80 should be revised to incorporate by reference its VDSMS 
standard. It argues that adopting a single VDSMS standard will avoid 
use of a variety of different and potentially incompatible data 
protocols, and ensure VDSMS communications are not disrupted. We agree, 
and amend part 80 to incorporate by reference the RTCM VDSMS standard. 
We note that VDSMS will not be permitted on or adjacent to marine 
safety and security channels and other channels excluded under Appendix 
18 of the ITU Radio Regulations.\12\ Further, VDSMS operation on the 
non-excluded VHF frequencies is subject to existing eligibility 
requirements.
---------------------------------------------------------------------------

    \12\ We include port operations channels among the marine safety 
channels on which VDSMS will not be permitted. Port operations 
communications are ``[c]ommunications in or near a port, in locks or 
in waterways between coast stations and ship stations or between 
ship stations, which relate to the operational handling, movement 
and safety of ships and in emergency to the safety of persons.''
---------------------------------------------------------------------------

Prohibition of Applications To Assign or Transfer Control of Ship 
Licenses

    31. Under section 1.948 of the Commission's rules, ship station 
licenses may not be assigned or transferred. Instead of efficiently 
assigning or transferring the license to another entity, ship station 
licensees must submit the ship station license to the Commission for 
cancellation; and the entity acquiring the vessel must instead apply 
for new ship licenses in its own name. In the Notice, the Commission 
noted that most other types of wireless radio licenses may be assigned 
or transferred, and proposed to remove the prohibition on the 
assignment or transfer of ship station licenses. The Commission 
reasoned that ``[t]he prohibition on assigning or transferring ship 
licenses . . . requires applicants and Commission licensing personnel 
to undertake a relatively cumbersome process when control of ship radio 
station assets are to change hands, and there appears to be little 
public interest benefit, if any, for continuing the prohibition.''
    32. We believe that it would serve the public interest to permit 
the assignment and transfer of control of ship station licenses. 
Permitting the assignment and transfer of control of ship station 
licenses would be more administratively efficient than maintaining the 
current prohibition on applications to assign or transfer such 
licenses, and would reduce transactional costs for ship station 
licensees.\13\ RTCM, the only commenter addressing this issue, agrees 
that it would be beneficial to permit the assignment and transfer of 
ship station licenses. We will therefore amend section 1.948(b)(5) to 
remove the prohibition of applications to assign or transfer control of 
ship station licenses. Ship station licensees and potential licensees 
are cautioned that failure to obtain Commission approval for an 
assignment or transfer of control of a ship station license may result 
in enforcement action being taken against the entities involved.
---------------------------------------------------------------------------

    \13\ In addition, we discern no basis to treat ship station 
licenses differently in this regard from the other types of wireless 
licenses for which assignment and transfer of control applications 
are accepted.
---------------------------------------------------------------------------

Editorial Corrections

    33. As proposed, we correct certain part 80 rules to change 
erroneous references to Title II of the Communications Act to refer to 
Title III, restore subparagraphs that were inadvertently deleted, and 
correct typographical errors. No commenter addressed these corrections.

Procedural Matters

A. Paperwork Reduction Act Analysis

    34. This document contains new information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It will be submitted to the Office of Management and Budget (OMB) 
for review under section 3507(d) of the PRA. OMB, the general public, 
and

[[Page 90744]]

other Federal agencies are invited to comment on the new or modified 
information collection requirements contained in this proceeding. In 
addition, we note that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''
    35. In this present document, we have we establish requirements for 
the certification of MSLDs, and AIS-SARTs devices. The rule would 
require, inter alia, that applicants for certification submit specified 
information, including copies of test reports and test data, to the 
United States Coast Guard prior to filing their applications with the 
Commission, and that they include with their applications to the 
Commission copies of letters from the United States Coast Guard stating 
that the device in question satisfies all of the requirements of all 
the pertinent standard. We find that the certification requirements 
adopted herein would not impose an undue burden or excessive cost on 
such manufacturers, including those that have fewer than 25 employees.

B. Report to Congress

    The Commission will send a copy of this R&O in a report to be sent 
to Congress and the General Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    36. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) 
of the rules adopted in this Report and Order.
    37. Summary. The rules adopted in the Report and Order are intended 
to update the rules and requirements for technologies used to locate 
and rescue distressed ships and individuals in distress at sea or on 
land to provide better and more accurate data to rescue personnel. The 
Commission amends its rules to (a) require emergency position 
indicating radio beacons (EPIRBs) to be capable of broadcasting 
position data when activated; (b) update the equipment standards for 
Personal Locator Beacons (PLBs); (c) provide that only devices that 
meet the RTCM standard for Satellite Emergency Notification Devices 
(SENDs) may be marketed for use in the United States as SENDs; (d) 
permit equipment certification and use of Maritime Survivor Locating 
Devices (MSLDs) that comply with RTCM standards; (e) provide for 
equipment certification and use of Automatic Identification System 
Search and Rescue Transmitters (AIS-SARTs) that comply with 
international standards; (f) clarify the rules regarding ship radar 
equipment; (g) permit the use of portable marine VHF radio transmitters 
by persons on shore that are on or adjacent to the dockside of the 
associated vessel; (h) permit VHF digital small message services 
(VDSMS) on certain maritime VHF channels; (i) allow assignment or 
transfer of control of ship station licenses; and (j) correct certain 
typographical errors.
    38. Description and Estimate of the Number of Small Entities to 
Which Rules Will Apply. The closest estimate of the number of small 
businesses that may potentially be affected by our rule changes is the 
SBA's ``Wireless Telecommunications Carriers (except Satellite)'' 
category. This industry comprises establishments engaged in operating 
and maintaining switching and transmission facilities to provide 
communications via the airwaves. Establishments in this industry have 
spectrum licenses and provide services using that spectrum, such as 
cellular phone services, paging services, wireless Internet access, and 
wireless video services. The appropriate size standard under SBA rules 
for the category Wireless Telecommunications Carriers (except 
satellite) is that a business is small if it has 1,500 or fewer 
employees. Census data for 2007 show that there were 1,383 firms that 
operated for the entire year. Of this total, 1,368 firms had employment 
of fewer than 1000 employees. Thus under this category and the 
associated small business size standard, the Commission estimates that 
the majority of wireless telecommunications carriers (except satellite) 
are small.
    39. Marine Radio Services. 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 
analysis, the Commission uses the SBA small business size standard for 
the category Wireless Telecommunications Carriers (except satellite),'' 
which is 1,500 or fewer employees. Census data for 2007, which 
supersede data contained in the 2002 Census, show that there were 1,383 
firms that operated that year. Of those 1,383, 1,368 had fewer than 100 
employees, and 15 firms had more than 100 employees. Most applicants 
for recreational licenses are individuals. Approximately 581,000 ship 
station licensees and 131,000 aircraft station licensees operate 
domestically and are not subject to the radio carriage requirements of 
any statute or treaty. For purposes of our evaluations in this 
analysis, we estimate that there are up to approximately 712,000 
licensees that are small businesses (or individuals) under the SBA 
standard. In addition, between December 3, 1998 and December 14, 1998, 
the Commission held an auction of 42 VHF Public Coast licenses in the 
157.1875-157.4500 MHz (ship transmit) and 161.775-162.0125 MHz (coast 
transmit) bands. For purposes of the auction, the Commission defined a 
``small'' business as an entity that, together with controlling 
interests and affiliates, has average gross revenues for the preceding 
three years not to exceed $15 million dollars. In addition, a ``very 
small'' business is one that, together with controlling interests and 
affiliates, has average gross revenues for the preceding three years 
not to exceed $3 million dollars. There are approximately 10,672 
licensees in the Marine Coast Service, and the Commission estimates 
that almost all of them qualify as ``small'' businesses under the above 
special small business size standards and may be affected by rules 
adopted pursuant to the Report and Order.
    40. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The U.S. Census defines this industry as 
comprising ``establishments primarily engaged in manufacturing radio 
and television broadcast and wireless communications equipment. 
Examples of products made by the establishments are transmitting and 
receiving antennas, cable television equipment, GPS equipment, pagers, 
cellular phones, mobile communications equipment, and radio and 
television studio and broadcasting equipment. The SBA has established a 
size standard for this industry which classifies any businesses in this 
industry as small if it has 750 or fewer employees. Census data for 
2007 indicate that 939 such businesses operated in that year. Of that 
number, 912 businesses operated with fewer than 500 employees. Based on 
this data, we conclude that a majority of businesses in this industry 
are small by the SBA standard.
    41. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small

[[Page 90745]]

Entities. In the Report and Order we adopt six rule amendments that may 
affect reporting, recordkeeping or other compliance requirements for 
small entities. First, we amend section 80.1061 of the rules to require 
that EPIRBs comply with the RTCM Standard 11000.3, and to mandate that 
vessels that are required to carry EPIRBs replace their existing 
radiobeacons with EPIRBs that meet the new standard within six years of 
the effective date of the rule amendment. Second, we amend section 
95.1402 of the rules to require that PLBs comply with the RTCM Standard 
11010.2. Third, we adopt section 25.301 of the rules to specify that 
the term SEND refers only to a device that meets the requirements set 
forth in the RTCM SEND Standard 12800.0 and make it unlawful to market 
for use in the United States a non-compliant device as a SEND. Fourth, 
we amend section 95.1043 of the rules to require that MSLDs comply with 
the RTCM Standard 11901.1. Fifth, we amend section 80.233 of the rules 
to require that AIS-SARTs comply with the IEC Standard 61097-14 Ed. 1.0 
(2010-02) and IMO Resolution MSC.246(83). Sixth, we amend section 
80.364 of the rules to require that VDSMS equipment comply with the 
RTCM Standard 12301.1 We conclude that none of these matters will have 
a direct, significant economic impact on a substantial number of small 
entities. The equipment standards are in use internationally, so it 
imposes no additional burden on manufacturers to meet those standards 
for equipment to be used in the United States. Moreover, most boat 
owners replace their EPIRBs at the battery replacement date, which is 
typically five years after the EPIRB is sold, so a six-year deadline 
for certain vessels will not have a significant impact.
    42. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration. The Chief Counsel did not file any 
comments in response to the proposed rules in this proceeding.
    43. Steps Taken To Minimize the Significant Economic Impact on 
Small Entities, and Significant Alternatives Considered. With respect 
to all of the rules adopted in the Report and Order that may affect 
reporting, recordkeeping and other compliance requirements for small 
entities, as identified in this FRFA 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.

Ordering Clauses

    44. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 303(r), 
and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 332(a)(2), that parts 1, 25, 80, and 95 of the 
Commission's rules ARE AMENDED as set forth in the attached Appendix B, 
and such rule amendments SHALL BE EFFECTIVE thirty (30) days after 
publication of the rules amendments in the Federal Register, except for 
47 CFR 80.233, 80.1061, 95.1402, 95.1043, which contain new information 
collection requirements that require approval by the OMB under the PRA 
and which WILL BECOME EFFECTIVE after such approval, on the effective 
date specified in a document that the Commission publishes in the 
Federal Register announcing such approval and effective date.

List of Subjects

47 CFR Part 1

    Communications equipment, Radio.

47 CFR Parts 25, 80 and 95

    Communications equipment, Incorporation by reference, Radio.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 25, 80 and 95, as 
follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for Part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 155, 157, 225, 303(r), 309, 
1403, 1404, 1451, and 1452.


0
2. Section 1.948 is amended by revising paragraph (b)(5) to read as 
follows:


Sec.  1.948   Assignment of authorization or transfer of control, 
notification of consummation.

* * * * *
    (b) * * *
    (5) Licenses, permits, and authorizations for stations in the 
Amateur, Commercial Operator and Personal Radio Services (except 218-
219 MHz Service) may not be assigned or transferred, unless otherwise 
stated.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for Part 25 continues to read as follows:

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.


0
4. Subpart E, consisting of Sec.  25.301, is added to read as follows:

Subpart E--Miscellaneous


Sec.  25.301  Satellite Emergency Notification Devices (SENDs).

    No device described by the marketer or seller using the terms 
``SEND'' or ``Satellite Emergency Notification Device'' may be marketed 
or sold in the United States unless it complies with the requirements 
of RTCM 12800.0. RTCM 12800.0, ``Satellite Emergency Notification 
Devices (SENDs),'' dated August 1, 2011 is incorporated by reference in 
accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies of the 
document are available and may be obtained from the Radio Technical 
Commission for Maritime Services, 1611 N. Kent Street, Suite 605, 
Arlington, Virginia 22209. The document is available for inspection at 
Commission headquarters at 445 12th Street SW., Washington, DC 20554. 
Copies may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

PART 80--STATIONS IN THE MARITIME SERVICES

0
5. 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.


0
6. Section 80.7 is amended by:

[[Page 90746]]

0
a. In paragraph (d)(5), removing ``IEC 1097-3:1994'' and adding in its 
place ``IEC 61097-3:1994''; in paragraph (d)(8), removing ``IEC 1097-
7:1996'' and adding in its place ``IEC 61097-7:1996''; in paragraph 
(d)(12), removing ``IEC 1097-12:1996(E) and adding in its place ``IEC 
61097-12:1996(E).
0
b. Removing paragraph (d)(17), redesignating paragraphs (d)(14) through 
(16) as (d)(15) through (17), and adding and reserving new paragraph 
(d)(14); and
0
c. Revising paragraph (f)(3) and adding paragraph (f)(4).
    The additions and revisions read as follows:


Sec.  80.7   Incorporation by reference.

* * * * *
    (f) * * *
    (3) RTCM Standard 11020.1 (``RTCM 11020''), ``RTCM Standard 
11020.1, Ship Security Alert Systems (SSAS) Using the Cospas-Sarsat 
Satellite System,'' October 9, 2009, IBR approved for Sec.  80.277.
    (4) RTCM Standard 12301.1 (``RTCM 12301''), ``VHF-FM Digital Small 
Message Services,'' July 10, 2009, IBR approved for Sec.  80.364(a).

0
7. Section 80.7 is amended by:
0
a. Adding paragraphs (b)(28);
0
b. Redesignating paragraphs (d)(14) through (19) as (d)(15) through 
(20);
0
c. Adding a new paragraph (d)(14);
0
d. Revising paragraph (f)(2); and
0
e. Removing paragraph (g).
    The additions and revisions read as follows:


Sec.  80.7   Incorporation by reference.

* * * * *
    (b) * * *
    (28) IMO Resolution MSC.246(83), (``IMO Resolution MSC.246(83)'') 
``Adoption of Performance Standards for Survival Craft AIS Search and 
Rescue Transmitters (AIS-SART) for Use in Search and Rescue 
Operations,'' IBR approved for Sec.  80.233(a).
* * * * *
    (d) * * *
    (14) IEC 61097-14 (``IEC 61097-14''), Edition 1.0, 2010-02, 
``Global maritime distress and safety system (GMDSS)--Part 14: AIS 
search and rescue transmitter (AIS-SART)--Operational and performance 
requirements, methods of testing and required test results,'' IBR 
approved for Sec.  80.233(a).
* * * * *
    (f) * * *
    (2) RTCM Standard 11000.3 (``RTCM 11000''), ``406 MHz Satellite 
Emergency Position Radiobeacons (EPIRBs),'' June 12, 2012, IBR approved 
for Sec.  80.1061(a) and (c).
* * * * *

0
8. Section 80.59 is amended by revising the note in paragraph (a)(1) to 
read as follows:


Sec.  80.59  Compulsory ship inspections.

    (a) * * *
    (1) * * *
    Note to paragraph (a)(1): Nothing in this section prohibits 
Commission inspectors from inspecting ships. The mandatory inspection 
of U.S. vessels must be conducted by an FCC-licensed technician holding 
an FCC General Radiotelephone Operator License, GMDSS Radio 
Maintainer's License, Second Class Radiotelegraph Operator's 
Certificate, First Class Radiotelegraph Operator's Certificate, or 
Radiotelegraph Operator License in accordance with the following table:
* * * * *

0
9. Section 80.115 is amended by revising paragraphs (a)(1) through (4) 
to read as follows:


Sec.  80.115  Operational conditions for use of associated ship units.

    (a) * * *
    (1) It must only be operated on the safety and calling frequency 
156.800 MHz or 156.525 MHz or on commercial or noncommercial VHF 
intership frequencies appropriate to the class of ship station with 
which it is associated.
    (2) Except for safety purposes, it must only be used to communicate 
with the ship station with which it is associated or with associated 
ship units of the same ship station. Such associated ship units may be 
used from shore only adjacent to the waterway (such as on a dock or 
beach) where the ship is located. Communications from shore must relate 
to the operational and business needs of the ship including the 
transmission of safety information, and must be limited to the minimum 
practicable transmission time.
    (3) It must be equipped to transmit on the frequency 156.800 MHz or 
156.525 MHz and at least one appropriate intership frequency.
    (4) Calling must occur on the frequency 156.800 MHz or 156.525 MHz 
unless calling and working on an intership frequency has been 
prearranged.
* * * * *

0
10. Section 80.157 is revised to read as follows:


Sec.  80.157  Radio officer defined.

    A radio officer means a person holding a First Class Radiotelegraph 
Operator's Certificate, Second Class Radiotelegraph Operator's 
Certificate, or Radiotelegraph Operator License issued by the 
Commission, who is employed to operate a ship radio station in 
compliance with Part II of Title III of the Communications Act. Such a 
person is also required to be licensed as a radio officer by the U.S. 
Coast Guard when employed to operate a ship radiotelegraph station.

0
11. Section 80.159 is amended by revising paragraph (b) to read as 
follows:


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

* * * * *
    (b) Each cargo ship equipped with a radiotelegraph station in 
accordance with Part II of Title III of the Communications Act and 
which has a radiotelegraph auto alarm must carry a radio officer 
holding a First Class Radiotelegraph Operator's Certificate, Second 
Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator 
License who has had at least six months service as a radio officer on 
board U.S. ships. If the radiotelegraph station does not have an auto 
alarm, a second radio officer who holds a First Class Radiotelegraph 
Operator's Certificate, Second Class Radiotelegraph Operator's 
Certificate, or Radiotelegraph Operator License must be carried.
* * * * *

0
12. Section 80.203 is amended by adding paragraphs (b)(3)(i) through 
(iv) to read as follows:


Sec.  80.203  Authorization of transmitters for licensing.

* * * * *
    (b) * * *
    (3) * * *
    (i) Internal adjustments of the transmitter;
    (ii) Use of controls normally inaccessible to the station operator;
    (iii) Use of external devices or equipment modules made available 
only to service and maintenance personnel through a service company; 
and
    (iv) Copying of a channel selection program directly from another 
transmitter (cloning) using devices and procedures made available only 
to service and maintenance personnel through a service company.
* * * * *

0
13. Section 80.231 is amended by revising paragraph (c) introductory 
text and paragraph (e) to read as follows:


Sec.  80.231  Technical requirements for Class B Automatic 
Identification System equipment.

* * * * *
    (c) Prior to submitting a certification application for a Class B 
AIS device, the following information must be submitted in duplicate to 
typeapproval@uscg.mil or the

[[Page 90747]]

Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther 
King Jr. Ave. SE., Washington, DC 20593-7509:
* * * * *
    (e) A certification application for an AIS device must contain a 
copy of the U.S. Coast Guard letter stating that the device satisfies 
all of the requirements specified in IEC 62287-1, a copy of the 
technical test data, and the instruction manual(s).

0
14. Section 80.233 is added to subpart E to read as follows:


Sec.  80.233  Technical requirements for Automatic Identification 
System Search and Rescue Transmitters (AIS-SART) equipment.

    (a) Automatic Identification System Search and Rescue Transmitter 
(AIS-SART) equipment must meet the technical requirements of IEC 61097-
14 and IMO Resolution MSC.246(83) (incorporated by reference, see Sec.  
80.7(b)).
    (b) Prior to submitting a certification application for an AIS-SART 
device, the following information must be submitted in duplicate to the 
U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7126, 
Washington, DC 20593-7126:
    (1) The name of the manufacturer or grantee and the model number of 
the AIS-SART device; and
    (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 IEC 61097-14.
    (c) After reviewing the information described in paragraph (b) of 
this section, the U.S. Coast Guard will issue a letter stating whether 
the AIS-SART device satisfies all of the requirements specified in IEC 
61097-14.
    (d) A certification application for an AIS-SART device must contain 
a copy of the U.S. Coast Guard letter stating that the device satisfies 
all of the requirements specified in IEC 61097-14, a copy of the 
technical test data, and the instruction manual(s).

0
15. Section 80.273 is amended by removing paragraph (b), redesignating 
paragraphs (c) and (d) as paragraphs (b) and (c), and revising newly 
redesignated paragraph (b) to read as follows:


Sec.  80.273  Radar standards.

* * * * *
* * * * *
    (b) For any ship of 10,000 tons gross tonnage and upwards or that 
is otherwise required to be equipped with two radar systems, each of 
the two radar systems must be capable of operating independently and 
must comply with the specifications, standards and general requirements 
set forth on paragraph (a) of this section. One of the systems must 
provide a display with an effective diameter of not less than 320 
millimeters (12.6 inches), (16-inch cathode ray tube). The other system 
must provide a display with an effective diameter of not less than 250 
millimeters (9.8 inches), (12-inch cathode ray tube).
* * * * *

0
16. Section 80.277 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  80.277  Ship Security Alert System (SSAS).

    (a) * * *
    (1) Equipment that complies with RTCM 11020 (incorporated by 
reference, Sec.  80.7); or
* * * * *

0
17. The first undesignated center heading under subpart H is revised to 
read as follows:

Radiotelegraphy and Data

0
18. Section 80.351 is revised to read as follows:


Sec.  80.351  Scope.

    The following sections describe the carrier frequencies and general 
uses of radiotelegraphy and data transmission with respect to the 
following:
    (a) Distress, urgency, safety, call and reply.
    (b) Working.
    (c) Digital selective calling (DSC).
    (d) Narrow-band direct-printing (NB-DP).
    (e) Facsimile.
    (f) VHF-FM digital small message services (VDSMS).

0
19. Section 80.364 is added under the undesignated center heading for 
Radiotelegraphy and Data to read as follows:


Sec.  80.364  Frequencies for VHF digital small message services 
(VDSMS).

    Frequencies in the 156-162 MHz band may be used for VHF digital 
small message services (VDSMS) complying with RTCM 12301 (incorporated 
by reference, see Sec.  80.7), except as follows

     VHF-FM Channels Not Available for Digital Small Message Service
 
------------------------------------------------------------------------
              Channel                          Frequency (MHz)
------------------------------------------------------------------------
                    01A                              156.050
                    63A                              156.175
                    05A                              156.250
                    65A                              156.275
                     06                              156.300
                    66A                              156.325
                     67                              156.375
                     70                              156.525
                     12                              156.600
                     13                              156.650
                     73                              156.675
                     14                              156.700
                     74                              156.725
                     15                              156.750
                     75                              156.775
                     16                              156.800
                     76                              156.825
                     17                              156.850
                     77                              156.875
                    20A                              157.000
                    22A                              157.100
              AIS \1/2\                      161.975/162.025
------------------------------------------------------------------------


0
20. Section 80.1005 is revised to read as follows:


Sec.  80.1005  Inspection of station.

    The bridge-to-bridge radiotelephone station will be inspected on 
vessels subject to regular inspections pursuant to the requirements of 
Parts II and III of Title III of the Communications Act, the Safety 
Convention or the Great Lakes Agreement at the time of the regular 
inspection. If after such inspection, the Commission determines that 
the Bridge-to-Bridge Act, the rules of the Commission and the station 
license are met, an endorsement will be made on the appropriate 
document. The validity of the endorsement will run concurrently with 
the period of the regular inspection. Each vessel must carry a 
certificate with a valid endorsement while subject to the Bridge-to-
Bridge Act. All other bridge-to-bridge stations will be inspected from 
time to time. An inspection of the bridge-to-bridge station on a Great 
Lakes Agreement vessel must normally be made at the same time as the 
Great Lakes Agreement inspection is conducted by a technician holding 
one of the following: A General Radiotelephone Operator License, a 
GMDSS Radio Maintainer's License, a Radiotelegraph Operator License, a 
Second Class Radiotelegraph Operator's Certificate, or a First Class 
Radiotelegraph Operator's Certificate. Additionally, the technician 
must not be the vessel's owner, operator, master, or an employee of any 
of them. Ships subject to the Bridge-to-Bridge Act may, in lieu of an 
endorsed certificate, certify

[[Page 90748]]

compliance in the station log required by section 80.409(f).

0
21. Section 80.1053 is revised to read as follows:


Sec.  80.1053  Prohibition on certification, manufacture, importation, 
sale or use of Class A, Class B, Class S, and INMARSAT-E EPIRBs.

    The manufacture, importation, sale or use of Class A, Class B, 
Class S, or INMARSAT-E EPIRBs is prohibited. New Class A, Class B, 
Class S, or INMARSAT-E EPIRBs will no longer be certified by the 
Commission.

0
22. Section 80.1061 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (c) introductory text and (c)(1); and
0
c. Revising paragraphs (d) and (e).
    The additions and revisions read as follows:


Sec.  80.1061  Special requirements for 406.0-406.1 MHz EPIRB stations.

    (a) Notwithstanding the provisions in paragraph (b) of this 
section, 406.0-406.1 MHz EPIRBs must meet all the technical and 
performance standards contained in RTCM 11000 (incorporated by 
reference, see Sec.  80.7), and must also comply with the standards 
specified in Sec.  80.1101(c)(5). Beginning January 17, 2018, all new 
applications for certification of 406.0-406.1 MHz EPIRBs must 
demonstrate compliance with the requirements of RTCM 11000. 406.0-406.1 
MHz EPIRBs that do not meet the requirements of RTCM 11000 shall not be 
manufactured, imported, or sold in the United States beginning January 
17, 2020. Operation of 406.0-406.1 MHz EPIRBs that do not meet the 
requirements of RTCM 11000 shall be prohibited on vessels subject to 47 
CFR subparts R, S, or W beginning January 17, 2023. Existing 406.0-
406.1 MHz EPIRBs that do not meet the requirements of RTCM 11000 must 
be operated as certified.
* * * * *
    (c) Prior to submitting a certification application for a 406.0-
406.1 MHz radiobeacon, the radiobeacon must be certified by a test 
facility recognized by one of the COSPAS-SARSAT Partners that the 
equipment satisfies the design characteristics associated with the 
measurement methods incorporated in RTCM Standard 11000 (incorporated 
by reference, see Sec.  80.7). Additionally, the radiobeacon must be 
subjected to the environmental and operational tests associated with 
the test procedures described in Appendix A of RTCM Standard 11000, by 
a test facility accepted by the U.S. Coast Guard for this purpose. 
Information regarding accepted test facilities may be obtained from 
Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther 
King Jr. Ave. SE., Washington, DC 20593-7126, http://cgmix.uscg.mil/EQLabs/EQLabsSearch.aspx.
    (1) After a 406.0-406.1 MHz EPIRB has been certified by the 
recognized test facilities the following information must be submitted 
in duplicate to typeapproval@uscg.mil or the Commandant (CG-ENF-4), 
U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Ave. SE., 
Washington, DC 20593-7509:
    (i) The name of the manufacturer or grantee and model number of the 
EPIRB;
    (ii) Copies of the certificate and test data obtained from the test 
facility recognized by a COSPAS/SARSAT Partner showing that the 
radiobeacon complies with the COSPAS-SARSAT design characteristics 
associated with the measurement methods incorporated in RTCM 11000;
    (iii) Copies of the test report and test data obtained from the 
test facility recognized by the U.S. Coast Guard showing that the 
radiobeacon complies with the U.S. Coast Guard environmental and 
operational characteristics associated with the measurement methods 
described in Appendix A of the RTCM Recommended Standards; and
    (iv) Instruction manuals associated with the radiobeacon, 
description of the test characteristics of the readiobeacon including 
assembly drawings, electrical schematics, description of parts list, 
specifications of materials and the manufacturer's quality assurance 
program.
* * * * *
    (d) A certification application for a 406.0-406.1 MHz EPIRB must 
also contain a copy of the U.S. Coast Guard letter that states the 
radiobeacon satisfies all RTCM Recommended Standards, a copy of the 
technical test data, and the instruction manual(s).
    (e) An identification code, recognized by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager 
for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be 
programmed in each EPIRB unit to establish a unique identification for 
each EPIRB station. With each marketable EPIRB unit, the manufacturer 
or grantee must include a postage pre-paid registration card printed 
with the EPIRB identification code addressed to: NOAA/SARSAT Beacon 
Registration, NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 
20910-9684. 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.''
* * * * *

0
23. Section 80.1085 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  80.1085  Ship radio equipment--General.

* * * * *
    (a) * * *
    (3) A radar transponder capable of operating in the 9 GHz band or 
an AIS-SART, which must be stowed so that it is easily utilized (this 
device may be one of those required by Sec.  80.1095(b) for a survival 
craft);
* * * * *

0
24. Section 80.1095 is amended by revising paragraph (b) to read as 
follows:


Sec.  80.1095  Survival craft equipment.

* * * * *
    (b) At least one radar transponder or AIS-SART (collectively, 
``search and rescue locating devices'') must be carried on each side of 
every passenger ship and every cargo ship of 500 tons gross tonnage and 
upwards. At least one search and rescue locating device must be carried 
on every cargo ship of 300 tons gross tonnage and upwards but less than 
500 tons gross tonnage. Such search and rescue locating devices must 
conform to performance standards as specified in Sec.  80.233 for AIS-
SARTs or Sec.  80.1101 for radar transponders. The search and rescue 
locating devices must be stowed in such locations that they can be 
rapidly placed in any survival craft other than liferafts required on 
cargo ships in forward and aft areas (see Regulation III/26.1.4 of the 
SOLAS Convention). Alternatively, one search and rescue locating device 
must be stowed in each survival craft other than those required by 
Regulation III/26.1.4 of the SOLAS Convention. One of these search and 
rescue locating devices may be the search and rescue locating device 
required by Sec.  80.1085(a)(3).
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
25. The authority citation for part 95 continues to read as follows:


[[Page 90749]]


    Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).

0
26. The heading of subpart K is revised to read as follows:

Subpart K--Personal Locator Beacons (PLBs) and Maritime Survivor 
Locating Devices (MSLDs)

0
27. Section 95.1400 is revised to read as follows:


Sec.  95.1400  Basis and purpose.

    The rules in this subpart are intended to provide individuals in 
the water or in remote areas a means to alert others of an emergency 
situation and to aid search and rescue personnel in locating those in 
distress.

0
28. Section 95.1401 is revised to read as follows:


Sec.  95.1401  Frequency.

    The frequency band 406.0-406.1 MHz is an emergency and distress 
frequency band available for use by Personal Locator Beacons (PLBs). 
Personal Locator Beacons that transmit on the frequency band 406.0-
406.1 MHz must use G1D emission. Use of these frequencies must be 
limited to transmission of distress and safety of life communications.

0
29. Section 95.1402 is amended by revising paragraphs (a) through (f) 
to read as follows:


Sec.  95.1402  Special requirements for 406 MHz PLBs.

    (a) All 406 MHz PLBs must meet all the technical and performance 
standards contained in RTCM 11010.2. RTMC 11010.2, ``406 MHz Satellite 
Personal Locator Beacons (PLBs),'' including Amendments 1 and 2, dated 
June 8, 2012 is incorporated by reference in accordance with 5 U.S.C. 
552(a), and 1 CFR part 51. Copies of the document are available and may 
be obtained from the Radio Technical Commission for Maritime Services, 
1611 N. Kent Street, Suite 605, Arlington, Virginia 22209. The document 
is available for inspection at Commission headquarters at 445 12th 
Street SW., Washington, DC 20554. Copies may also be inspected at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Beginning January 17, 2018, all new applications for 
certification of 406 MHz PLBs must demonstrate compliance with the 
requirements of RTCM 11010. 406 MHz PLBs that do not meet the 
requirements of RTCM 11010 shall not be manufactured, imported, or sold 
in the United States beginning January 17, 2020.
    (c) Before a 406 MHz PLB certification application is submitted to 
the Commission, the applicant must have obtained certification from a 
test facility recognized by one of the COSPAS/SARSAT Partners that the 
PLB satisfies the standards incorporated in RTCM 11010. Additionally, 
an independent test must certify that the PLB complies with the 
electrical and environmental standards associated with the RTCM 
Recommended Standards.
    (d) The procedures of Notification by the equipment manufacturer 
and Certification from the designated Telecommunications Certification 
Body are contained in subpart J of part 2 of this chapter.
    (e) An identification code, recognized by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager 
for the 406 MHz COSPAS/SARSAT satellite system, must be programmed in 
each PLB unit to establish a unique identification for each PLB 
station. With each marketable PLB unit, the manufacturer or grantee 
must include a postage pre-paid registration card printed with the PLB 
identification code addressed to: NOAA/SARSAT Beacon Registration, 
NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 20910-9684. The 
registration card must request the owner's name, address, telephone 
number, alternate emergency contact and include the following 
statement: ``WARNING'' failure to register this PLB with NOAA could 
result in a monetary forfeiture order being issued to the owner.''
    (f) To enhance protection of life and property, it is mandatory 
that each 406 MHz PLB be registered with NOAA and that information be 
kept up-to-date. In addition to the identification plate or label 
requirements contained in Sec. Sec.  2.925 and 2.926 of this chapter, 
each 406 MHz PLB must be provided on the outside with a clearly 
discernable permanent plate or label containing the following 
statement: ``The owner of this 406 MHz PLB must register the NOAA 
identification code contained on this label with the National 
Oceanographic and Atmospheric Administration (NOAA) whose address is: 
NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy, 
Silver Spring, MD 20910-9684.'' Owners shall advise NOAA in writing 
upon change of PLB ownership, or any other change in registration 
information. NOAA will provide registrants with proof of registration 
and change of registration postcards. In the alternative to 
registration by postcard, users may register 406 MHz PLBs online at 
www.beaconregistration.noaa.gov.
* * * * *

0
30. Section 95.1403 is added to subpart K to read as follows:


Sec.  95.1403  Special requirements for Maritime Survivor Locating 
Devices.

    (a) Maritime Survivor Locating Devices (MSLDs) are devices intended 
to aid in the location of persons in the water. Use on land is not 
authorized.
    (b) MSLDs must meet all the technical and performance standards 
contained in RTCM 11901.1. RTCM 11901.1, ``Maritime Survivor Locating 
Devices (MSLD),'' dated June 4, 2012 is incorporated by reference in 
accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies of the 
document are available and may be obtained from the Radio Technical 
Commission for Maritime Services, 1611 N. Kent Street, Suite 605, 
Arlington, Virginia 22209. The document is available for inspection at 
Commission headquarters at 445 12th Street SW., Washington, DC 20554. 
Copies may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) No device may be marketed or sold in the United States as a 
``MSLD'' or ``Maritime Survivor Locating Device'' unless it complies 
with the requirements of RTCM 11901. Previously approved devices 
intended to aid in the location of persons in the water that do not 
meet the requirements of this section shall not be manufactured, 
imported, or sold in the United States January 17, 2018.
    (d) All MSLDs must:
    (1) Transmit on at least one of the following frequencies: 121.5 
MHz, 156.525 MHz, 156.750 MHz, 156.800 MHz, 156.850 MHz, 161.975 MHz, 
162.025 MHz; or
    (2) Include a function intended to send a distress message directly 
to the U.S. Coast Guard or any other search and rescue organization.
    (e) Before an MSLD certification application is submitted, the 
applicant must obtain a test report from a test laboratory which shows 
that the MSLD complies with the electrical and environmental standards 
associated with RTCM 11901. The test laboratory must be accredited to 
ISO/IEC 17025 with a scope covering the applicable requirements and 
test procedures.
    (1) After the MSLD has been certified by a test laboratory, the 
following

[[Page 90750]]

information must be submitted in duplicate to the U.S. Coast Guard, 
2703 Martin Luther King Jr. Ave. SE., Stop 7126, Washington, DC 20593-
7126:
    (i) The name of the manufacturer or grantee and model number of the 
MSLD;
    (ii) Copies of the test report and test data showing that the MSLD 
complies with the electrical and environmental standards associated 
with RTCM 11901; and
    (iii) Instruction manuals associated with the MSLD, description of 
the test characteristics of the MSLD 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 (e)(1) 
of this section, the U.S. Coast Guard will issue a letter stating 
whether the MSLD satisfies all RTCM Recommended Standards. In the case 
of an MSLD that includes a function intended to send a distress message 
directly to the U.S. Coast Guard or any other search and rescue 
organization, the letter will also state whether the U.S. Coast Guard 
endorses that function.
    (f) A certification application for an MSLD must contain a copy of 
the U.S. Coast Guard letter stating that the device satisfies all RTCM 
Recommended Standards, a copy of the technical test data, and the 
instruction manual(s).
[FR Doc. 2016-29612 Filed 12-14-16; 8:45 am]
BILLING CODE 6712-01-P



                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                      90739

                                             ■ 9. Amend § 219.16 by revising                          authorities when a vessel or individual               during normal business hours in the
                                             paragraph (a)(2) to read as follows:                     is in distress, and to further the                    FCC Reference Center, 445 12th Street
                                                                                                      Commission’s goal of ensuring that the                SW., Washington, DC 20554. The full
                                             § 219.16   Public notifications.                         spectrum allocated for emergency                      text may also be downloaded at:
                                             *      *    *     *    *                                 communications is used effectively and                www.fcc.gov. Alternative formats are
                                                (a) * * *                                             efficiently.                                          available to persons with disabilities by
                                                (2) To invite comments on a proposed                  DATES: Effective January 17, 2017 except              sending an email to fcc504@fcc.gov or
                                             plan, plan amendment, or plan revision,                  for the amendments to §§ 80.233,                      by calling the Consumer &
                                             and associated environmental analysis.                   80.1061, 95.1402 and 95.1403 which                    Governmental Affairs Bureau at 202–
                                             For a new plan, plan amendment, or a                     contain information collection                        418–0530 (voice), 202–418–0432 (tty).
                                             plan revision for which a draft                          requirements that are not effective until                1. The Report and Order will permit
                                             environmental impact statement (EIS) is                  approved by the Office of Management                  the maritime community to make use of
                                             prepared, the comment period is at least                 and Budget. The FCC will publish a                    the most advanced and reliable
                                             90 days, except for an amendment that                    document in the Federal Register                      communications technologies available
                                             applies only to one project or activity.                 announcing the effective date for those               for the alerting of search and rescue
                                             For an amendment that applies only to                    amendments. The incorporation by                      authorities when a vessel is in distress.
                                             one project or activity for which a draft                reference of certain publications listed              Our decisions herein also further the
                                             EIS is prepared, the comment period is                   in the rule is approved by the Director               Commission’s goal of ensuring that the
                                             at least 45 days unless a different time                 of the Federal Register as of January 17,             spectrum allocated for maritime
                                             period is required by law or regulation                  2017, except for the publications in                  communications is used effectively and
                                             or authorized pursuant to 40 CFR                         §§ 80.7 (amendatory instruction #7),                  efficiently.
                                             1506.10(d). For an amendment for                         80.233, 80.1061, 95.1402 and 95.1403                     2. The Report and Order incorporates
                                             which a draft EIS is not prepared, the                   which are in sections that contain                    by reference standards for certain
                                             comment period is at least 30 days;                      information collection requirements that              marine and personal radio safety
                                             *      *    *     *    *                                 are not effective until approved by the               devices and a standard to provide VHF
                                                                                                      Office of Management and Budget. The                  Digital Small Message Service (VDSMS)
                                               Dated: December 9, 2016.                                                                                     on certain marine VHF channels. For
                                                                                                      FCC will publish a document in the
                                             Robert Bonnie,                                                                                                 406 MHz Emergency Position Indicating
                                                                                                      Federal Register announcing the
                                             Under Secretary, Natural Resources and                   approval date for the incorporation by                Radiobeacons (EPIRBs) the Radio
                                             Environment.                                                                                                   Technical Commission for Maritime
                                                                                                      reference of publications into those
                                             [FR Doc. 2016–30191 Filed 12–14–16; 8:45 am]
                                                                                                      sections.                                             Services (RTCM) Standard 11000.3
                                             BILLING CODE 3411–15–P                                                                                         provides the latest technical and testing
                                                                                                      ADDRESSES: Federal Communications
                                                                                                                                                            procedures for EPRIBs and requires
                                                                                                      Commission, 445 12th Street SW.,                      them to have an internal navigation
                                                                                                      Washington, DC 20554. In addition to                  device designed to provide position data
                                             FEDERAL COMMUNICATIONS
                                                                                                      filing comments with the Office of the                upon activation. For 406 MHz Personal
                                             COMMISSION
                                                                                                      Secretary, a copy of any comments on                  Locator Beacons (PLBs) the RTCM
                                             47 CFR Parts 1, 25, 80 and 95                            the Paperwork Reduction Act                           Standard 11010.2 provides updated
                                                                                                      information collection requirements                   technical requirements and adds test
                                             [WTB Docket No. 14–36; FCC 16–119]                       contained herein should be submitted to               procedures for PLBs with integral GNSS
                                                                                                      Cathy Williams, Federal                               receivers or internal navigation devices.
                                             Maritime Radio Equipment and Related                     Communications Commission, 1–C823,
                                             Matters                                                                                                        For Satellite Emergency Notification
                                                                                                      445 12th Street SW., Washington, DC                   Devices (SENDs) RTCM Standard
                                             AGENCY:  Federal Communications                          20554, or send an email to PRA@fcc.gov.               12800.0 provides minimum
                                             Commission.                                              The Commission will send a copy of                    requirements for the functional and
                                                                                                      this Report & Order, in a report to be                technical performance of SENDs to
                                             ACTION: Final rule.
                                                                                                      sent to Congress and the Government                   ensure reliability in emergency
                                             SUMMARY:   In this document, the Federal                 Accountability Office pursuant to the                 situations. For Maritime Survivor
                                             Communications Commission                                Congressional Review Act, see 5 U.S.C.                Locating Devices (MSLDs) RTCM
                                             (Commission or FCC) addresses a                          801(a)(1)(A).                                         Standard 11901.1 provides minimum
                                             number of important issues regarding                     FOR FURTHER INFORMATION CONTACT:                      functional and technical performance of
                                             updating rules and requirements for                      James Shaffer, James.Shaffer@FCC.gov,                 MSLDs. For Automatic Identification
                                             technologies used to locate and rescue                   Wireless Telecommunications Bureau,                   System Search and Rescue Transmitters
                                             distressed ships and individuals in                      (202) 418–0687, or TTY (202) 418–7233.                (AIS–SARTs) the International Maritime
                                             distress at sea or on land to provide                    For additional information concerning                 Organization (IMO) Resolution
                                             better and more accurate data to rescue                  the Paperwork Reduction Act                           MSC.246(83) and the International
                                             personnel. The Commission also                           information collection requirements                   Electrotechnical Commission (IEC)
                                             addresses issues regarding radar                         contained in this document, contact                   61097–14 provide the minimum
                                             equipment, the use of portable marine                    Cathy Williams, Cathy.Williams@                       performance requirements and technical
                                             Very High Frequency (VHF) transmitters                   fcc.gov, (202) 418–2918, or send an                   specifications for AIS–SARTs. Finally,
                                             by persons on shore; permitting VHF                      email to PRA@fcc.gov.                                 for VHF digital small message services
                                             digital small message service (VDSMS);                   SUPPLEMENTARY INFORMATION: This is a                  (VDSMS) RTCM Standard 12301.1
                                             and allowing assignment or transfer of                   summary of the Federal
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                                                                            provides technical standard that enables
                                             control of ship station licenses. The                    Communications Commission’s Report                    transmission of short digital messages
                                             Commission is amending its rules to                      and Order (R&O), in WT Docket No. 14–                 without interfering with other
                                             permit the maritime community to make                    36, FCC 16–119, adopted on August 31,                 communications on the same channel.
                                             use of the most advanced and reliable                    2016, and released on September 1,                    Copies of the RTCM documents are
                                             communications technologies available                    2016. The full text of this document is               available and may be obtained from the
                                             for the alerting of search and rescue                    available for inspection and copying                  Radio Technical Commission for


                                        VerDate Sep<11>2014    14:00 Dec 14, 2016   Jkt 241001   PO 00000   Frm 00065   Fmt 4700   Sfmt 4700   E:\FR\FM\15DER1.SGM   15DER1


                                             90740            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             Maritime Services, 1611 N. Kent Street,                     5. All commenters addressing the                   which is typically five years after the
                                             Suite 605, Arlington, Virginia 22209.                    issue support revising Part 80 to                     EPIRB is sold, and one commenter
                                             Copies of the IMO documents are                          incorporate by reference the revised                  proposes that use of non-compliant
                                             available and may be obtained from the                   RTCM EPIRB standard. We agree that                    EPIRBs be prohibited six years after the
                                             International Maritime Organization                      such an action is in the public interest              rules become effective to allow owners
                                             (IMO), 4 Albert Embankment, London                       because better location availability                  to obtain the full five-year battery life of
                                             SE1 7SR, United Kingdom; http://                         reduces search time and therefore                     their current devices. We agree with the
                                             www.imo.org; Tel. + 44 (0)20 7735 7611;                  contributes to the success of emergency               commenters that no deadline is required
                                             Fax + 44 (0)20 7587 3210; email: info@                   rescues. Moreover, most commenters                    for vessels that voluntarily carry
                                             imo.org. Copies of the IEC documents                     state that the price difference between               EPIRBs. We note that use by voluntary
                                             are available and may be obtained from                   EPIRBs that broadcast position data and               vessels of EPIRBs that do not comply
                                             International Electrotechnical                           those that do not has diminished or                   with the new standard will continue to
                                             Commission (IEC), 3 Rue de Varembe,                      even disappeared, so adopting this                    provide SAR personnel with the same
                                             CH–1211, Geneva 20, Switzerland;                         requirement will impose little or no                  quality of location information as they
                                             www.iec.ch; phone: + 41 22 919 02 11;                    additional cost on end-users who                      do currently. However, we adopt a six-
                                             fax: + 41 22 919 03 00; email: info@                     purchase EPIRBs that comply with the                  year deadline for vessels that are
                                             iec.ch. (IEC publications can also be                    new standard. We amend our rules to                   required under our rules to carry
                                             purchased from the American National                     incorporate by reference the revised                  EPIRBs, in order to ensure that these
                                             Standards Institute (ANSI) through its                   RTCM EPIRB standard 1 as proposed.2                   vessels provide better location
                                             NSSN operation (www.nssn.org), at                           6. With respect to the appropriate                 availability during distress situations.
                                             Customer Service, American National                      timeline for phasing out EPIRBs that do               We conclude that these transition
                                             Standards Institute, 25 West 43rd Street,                not comply with the new standard,                     periods fairly balance the interest in
                                             New York NY 10036, telephone (212)                       commenters generally agree that the                   minimizing the compliance burden
                                             642–4900.) The documents are available                   Commission should cease accepting                     against the benefits of deploying new
                                             for inspection at Commission                             applications for certification of non-                maritime safety features expeditiously.
                                             headquarters at 445 12th Street SW.,                     compliant EPIRBs beginning one year                     7. Finally, we adopt our proposal to
                                             Washington, DC 20554.                                    after the effective date of the rules                 amend our rules to make plain that the
                                                                                                      adopted herein. With minor variations,                use of prior-generation EPIRBs that
                                             Emergency Position Indicating Radio                      commenters support prohibiting the                    operate only on 121.5/243 MHz and do
                                             Beacons (EPIRBs)                                         continued manufacture, importation,                   not operate on 406 MHz is prohibited.
                                                3. EPIRBs are carried on board ships                  and sale of non-compliant EPIRBs three                Commenters support this proposal,
                                             to alert others of a distress situation, and             years after the effective date. We                    which simply clarifies a prohibition that
                                             to assist search and rescue (SAR)                        conclude that these time frames are                   was adopted in 2002.
                                             personnel in locating those in distress.                 reasonable, and amend our rules to set
                                             Specifically, an EPIRB transmits a                                                                             Personal Locator Beacons (PLBs)
                                                                                                      forth these deadlines. With respect to
                                             digital signal on 406.0–406.1 MHz (406                   continued use of non-compliant EPIRBs,                   8. Like EPIRBs, PLBs send distress
                                             MHz) that is detected by the search and                  most commenters argue that there is no                signals on 406 MHz that are detected by
                                             rescue satellite-aided tracking                          need to establish a date after which use              the COSPAS–SARSAT satellite system
                                             (SARSAT) system operated by the                          of such EPIRBs will be prohibited                     and relayed to SAR authorities, but
                                             National Oceanic and Atmospheric                         because most boat owners replace their                PLBs can be used on land and are
                                             Administration (NOAA). The digital                       EPIRBs at the battery replacement date,               intended to meet the distress alerting
                                             signal provides distress alerting, homing                                                                      needs of the general public. PLB use is
                                             assistance, country and identification                     1 After the Notice of Proposed Rulemaking           licensed by rule under part 95 of the
                                             code of the station in distress, and other               (Notice) was released, RTCM revised the standard.     Commission’s rules, which governs the
                                             pertinent information. Traditional                       See RTCM Standard 11000.4 for 406 MHz Satellite       Personal Radio Services (PRS).
                                                                                                      Emergency Position Indicating Radio Beacons
                                             EPIRBs rely on satellite Doppler shift to                (EPIRBs), dated June 1, 2015. The amended
                                                                                                                                                               9. PLBs must comply with the RTCM
                                             identify the distress location. Some                     standard adds an option for the use of AIS position   PLB standard incorporated by reference
                                             EPIRBs, however, transmit their Global                   locating in addition to or in lieu of 121.5 MHz       in our rules. RTCM revised its PLB
                                             Navigation Satellite System (GNSS)                       homing. NTIA requests that we incorporate the         standard to update various technical
                                                                                                      amended standard, but we decline to add the AIS
                                             coordinates, which enables SAR                           option without notice and comment. Until such
                                                                                                                                                            requirements and to add test procedures
                                             authorities to determine an accurate                     time as the amended standard is incorporated into     for PLBs with integral GNSS receivers or
                                             location significantly faster than                       part 80, manufacturers may request waivers to         internal navigation devices. The
                                             satellite Doppler shift.                                 permit the equipment authorization and use of AIS     Commission asked if the new RTCM
                                                4. EPIRBs must comply with the                        EPIRBs.
                                                                                                        2 We also, as proposed, remove references in part
                                                                                                                                                            PLB standard should be incorporated by
                                             Radio Technical Commission for                           80 to COSPAS–SARSAT C/S T.001, Specification          reference in our rules and, if so, sought
                                             Maritime Services (RTCM) EPIRB                           for COSPAS–SARSAT 406 MHz Distress Beacons,           comment on the appropriate timetable
                                             standard incorporated by reference in                    and COSPAS–SARSAT C/S T.007 distress beacons          for phasing out the certification,
                                             our rules. RTCM updated its EPIRB                        specifications because they are included in the       manufacture, sale and use of PLBs that
                                                                                                      RTCM EPIRB standard, and EPIRBs must be tested
                                             standard to require, among other                         for compliance with these specifications before       do not comply with the new standard.
                                             conditions, an internal navigation                       being submitted for equipment authorization. We          10. All commenters who address the
                                             device designed to provide position data                 decline RTCM’s suggestion to incorporate by           question support revising part 95 to
                                             upon activation. The Commission asked                    reference the revised version of ITU–R                incorporate by reference the revised
                                                                                                      Recommendation M.633–3, ‘‘Transmission
                                             if the new RTCM EPIRB standard                                                                                 RTCM PLB standard. We agree that such
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                                                                                                      characteristics of a satellite emergency position-
                                             should be incorporated by reference in                   indicating radiobeacon (satellite EPIRB) system       an action is in the public interest
                                             our rules, and sought comment on the                     operating through a low polar-orbiting satellite      because better location availability
                                             appropriate timetable for phasing out                    system in the 406 MHz band,’’ 2004 (ITU–R M.633–      minimizes search time and therefore
                                                                                                      3), as beyond the scope of the Notice, because the
                                             certification, manufacture, sale and use                 Commission did not propose to amend the rules to
                                                                                                                                                            contributes to the success of emergency
                                             of EPIRBs that do not comply with the                    revise the version of ITU–R M.633 that is             rescues. Moreover, commenters do not
                                             new standard.                                            incorporated by reference.                            believe that compliance with the new


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                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                               90741

                                             testing protocol will materially affect                  amend the rule accordingly. As                        marketed as SENDs. The Commission
                                             PLB prices, so adopting this                             recommended by COSPAS–SARSAT,                         noted, however, that such devices do
                                             requirement will impose little or no                     we also amend the rules to clarify that,              not require authorization under part 95
                                             additional cost on purchasers of PLBs                    rather than ‘‘issu[ing]’’ unique                      because they already can operate
                                             that comply with the new standard. We                    identification codes, NOAA recognizes                 pursuant to the part 25 mobile satellite
                                             amend our rules to incorporate by                        codes that manufacturers create based                 service (MSS) rules, and tentatively
                                             reference the revised RTCM PLB                           on COSPAS–SARSAT guidance.                            concluded that incorporating what is
                                             standard.3                                                 13. PLB owners must register their                  effectively a voluntary standard is
                                               11. With respect to the appropriate                    beacons with NOAA.4 Part 95 requires                  unnecessary and would not further the
                                             timeline for phasing out PLBs that do                    manufacturers to include a postage pre-               public interest.
                                             not comply with the new standard,                        paid registration card with each PLB,                    16. Commenters are split regarding
                                             commenters agree that the Commission                     and to set forth NOAA’s mailing address               whether we should incorporate by
                                             should cease accepting applications for                  on the PLB label.5 Commenters state                   reference RTCM’s SEND standard into
                                             certification of non-compliant PLBs                      that NOAA’s current preferred method                  our rules. Most argue that it should be
                                             beginning one year after the effective                   of beacon registration is online. We will             incorporated because users rely on
                                             date of the rules adopted herein. With                   therefore add the NOAA Web site                       satellite emergency notification services
                                             some minor variations, commenters                        information to our rules, but decline                 in emergency situations and expect
                                             support prohibiting the continued                        ACR’s suggestion that we require                      devices to perform in a manner similar
                                             manufacture, importation, and sale of                    manufacturers to add the Web site                     to PLBs (which, as discussed above, are
                                             non-compliant PLBs three years after                     address to the PLB label as beyond the                required to meet the relevant RTCM
                                             the effective date. We conclude that                     scope of the Notice, which did not                    standard), but the part 25 MSS rules do
                                             these time frames are reasonable, and                    propose to change the labeling                        not include any specific provisions to
                                             amend our rules to set forth these                       requirements.6 Manufacturers may of                   ensure that devices will perform with
                                             deadlines. We agree with the majority of                 course include such information with                  the degree of reliability specified in the
                                             commenters that there is no need to                      each PLB if they choose.                              RTCM standard. ACR Electronics Inc.
                                             establish a date after which use of non-                                                                       (ACR), a manufacturer of survival
                                             compliant PLBs will be prohibited,                       Satellite Emergency Notification
                                                                                                                                                            products, argues further that compliance
                                             because PLB use is voluntary and the                     Devices (SENDs)
                                                                                                                                                            with the RTCM SEND standard should
                                             continued use of PLBs that do not                          14. Although there is no established                be mandatory for all satellite
                                             comply with the new standard will                        definition for the term ‘‘SENDs,’’ it is              communications devices outside the
                                             deliver the current quality of service to                often used to refer to small transmitters             406 MHz band that provide emergency
                                             SAR personnel for distress alerting and                  that provide a means for individuals in               distress notification functions, except
                                             locating capabilities. We conclude that                  remote areas to alert others of an                    for devices that offer real-time two-way
                                             these transition periods fairly balance                  emergency situation and to aid SAR                    switched voice service. Iridium Satellite
                                             the interest in minimizing the                           personnel to locate those in distress.                LLC (Iridium), an MSS provider, argues
                                             compliance burden against the benefits                   These devices differ from PLBs in that                that incorporation by reference of the
                                             of deploying new safety features                         they operate on satellite networks other              standard is unnecessary because
                                             expeditiously.                                           than the 406 MHz COSPAS–SARSAT                        voluntary compliance with the SEND
                                               12. The Commission also sought                         system. The service provided is                       standard by manufacturers and MSS
                                             comment on whether, as recommended                       typically a subscription service that                 providers is sufficient.
                                             by the Secretariat of the International                  sends data to a satellite, and is then                   17. We are adopting RTCM’s proposal
                                             COSPAS–SARSAT Programme                                  used to create a Web-based report that                to the extent that we incorporate the
                                             (COSPAS–SARSAT), to amend part 95                        enables the tracking of persons.                      RTCM SEND standard by reference
                                             to limit the use of 406 MHz band by                        15. RTCM, with participation from the               under the part 25 MSS rules for devices
                                             PLBs to ‘‘distress and safety of life                    mobile satellite industry, has developed              that are marketed as SENDs. We address
                                             communications,’’ instead of ‘‘distress                  minimum requirements for the                          commenters’ concerns about consumer
                                             and safety communications.’’ This                        functional and technical performance of               expectations by amending part 25 to
                                             clarification would make clear that PLB                  SENDs to ensure that these devices will               specify that the terms ‘‘SEND’’ and
                                             use should be under emergency                            work with a high degree of reliability in             ‘‘Satellite Emergency Notification
                                             conditions and for survival purposes.                    emergency situations. The Commission                  Device’’ may be used in marketing and
                                             While non-life threatening emergencies                   sought comment on RTCM’s proposal                     sales only for devices that meet the
                                             or safety communications are important                   that the part 95 rules be amended to                  requirements set forth in the RTCM
                                             functions, use of PLBs to alert rescuers                 incorporate by reference its SEND                     SEND standard. We agree with Iridium
                                             should be limited to situations of grave                 standard, and to prohibit devices that do             that requiring all devices that are
                                             and imminent danger. This excludes                       not meet that standard from being                     capable of transmitting an emergency
                                             some situations that might be broadly                                                                          distress alert to meet the RTCM SEND
                                             considered as safety communications.                        4 No commenter supported COSPAS–SARSAT’s
                                                                                                                                                            standard is overbroad.7
                                             We agree with RTCM, the only                             request that the Commission amend part 95 to
                                             commenter addressing this issue, that                    emphasize that PLB owners are required to register    Maritime Survivor Locating Devices
                                                                                                      their beacons. We conclude that the proposal is       (MSLDs)
                                             this clarification of the intended use of                unnecessary because the rule already makes this
                                             PLBs would be beneficial, and we                         clear.                                                  18. MSLDs are intended for use by
                                                                                                         5 We note in response to commenters’ concern
                                                                                                                                                            persons at risk of falling into the water
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                                               3 As suggested by commenters, we also remove           that the mailing address set forth in the rule is
                                                                                                      obsolete that the rule was updated after those
                                                                                                                                                            such as mariners and workers on marine
                                             the technical requirements set forth in section
                                             95.1402(b) of the Commission’s rules because those       comments were filed.                                  installations or docks, or by divers
                                             requirements are included in the revised RTCM               6 We note that ACR’s suggestion that we prohibit

                                             PLB standard. We also, as above with respect to          the marketing as a ‘‘Personal Locator Beacon’’ or       7 Implementation of such a requirement could

                                             EPIRBs, remove the references in part 95 to              ‘‘PLB’’ of any device that does not meet the RTCM     require a more precise definition of what devices
                                             COSPAS–SARSAT T.007 because it is included in            standard is under consideration in another            are covered, which is beyond the scope of the
                                             the RTCM PLB standard.                                   proceeding.                                           record in this proceeding.



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                                             90742            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             returning to the surface out of sight of                 Coast Guard in its pre-certification                  regarding the stowage of these devices
                                             their dive boats. They can be worn on                    review. With respect to the appropriate               on ships equipped with free-fall
                                             or as part of a garment or life jacket, and              timeline for phasing out devices that                 lifeboats.
                                             are intended to facilitate the rescue of                 were approved by waiver but do not
                                                                                                                                                            Ship Radar
                                             personnel in the vicinity of their vessel                comply with the standard, we will
                                             or structure so that immediate                           prohibit the continued manufacture,                     24. Section 80.273 of the
                                             assistance can be rendered without a                     importation, and sale of non-compliant                Commission’s Rules contains the
                                             time-consuming and expensive SAR                         devices as of one year after the effective            technical requirements for radar
                                             operation. In light of this narrower                     date of the rules adopted herein, but                 equipment installed on ships, and
                                             focus, MSLDs do not operate on a                         will permit the continued use of those                incorporates by reference relevant
                                             frequency monitored by COSPAS–                           devices.                                              international standards for such
                                             SARSAT, and do not transmit with as                                                                            equipment, including IEC 62388 for
                                                                                                      Automatic Identification System Search                compulsory vessels and IEC 62252 for
                                             much power or for as long as EPIRBs or
                                                                                                      and Rescue Transmitters (AIS–SARTs)                   voluntary vessels. As proposed in the
                                             PLBs. Instead, MSLDs transmit on
                                             frequencies that are received on a device                   21. Like EPIRBs, SARTs are carried on              Notice, we amend part 80 to remove the
                                             monitored by personnel at the MSLD-                      board ships and survival craft to alert               incorporation by reference of IEC 62252
                                             wearer’s vessel or facility.                             others of a distress situation, and to                because manufacturers have not
                                                19. RTCM has developed minimum                        assist SAR personnel in locating those                designed or built radar sets to this
                                             requirements for the functional and                      in distress. Currently, the part 80 rules             standard, and IEC has withdrawn the
                                             technical performance of MSLDs. The                      authorize only traditional SARTs, which               standard. We understand that RTCM is
                                             Commission proposed to incorporate by                    act as active reflectors of 9.2–9.5 GHz (9            in the process of drafting new ship radar
                                             reference RTCM’s MSLD standard into                      GHz) radar signals. Each time a 9 GHz                 standards for voluntary vessels and
                                             the part 95 rules to allow certification                 SART detects a pulse from the radar of                anticipates publishing these standards
                                             and use of devices meeting the standard,                 a searching vessel that is within                     in the near future. Voluntary vessels are
                                             and asked whether manufacturers                          approximately five nautical miles, the                permitted to carry radar equipment
                                             should be required to coordinate their                   SART transmits a signal that is                       intended for use solely on voluntary
                                             applications for equipment certification                 displayed on the screen of the radar that             vessels, without reference to any
                                             of MSLDs with the United States Coast                    activated it.                                         particular standard, until appropriate
                                             Guard (Coast Guard). The Commission                         22. An AIS–SART, as part of the AIS                standards are developed and adopted.
                                             also sought comment on the appropriate                   maritime navigation safety                            As proposed, we also correct a cross-
                                             timetable for phasing out manufacture,                   communications system, is used to                     reference to clarify that radar
                                             sale and use of devices intended to aid                  locate a survival craft or distressed                 installations on compulsory vessels
                                             in the location of persons in the water                  vessel by transmitting a unique                       must meet IEC 62388.9
                                             that were approved by waiver but do not                  identification code and GPS coordinates
                                                                                                      to all AIS-enabled devices within VHF                 Portable Marine VHF Radios on Shore
                                             comply with RTCM’s MSLD standard.
                                                20. Commenters agree that RTCM’s                      radio range. The International Maritime                  25. Section 80.115(a)(2) of the
                                             MSLD standard should be incorporated                     Organization (IMO) has amended the                    Commission’s Rules prohibits the use
                                             by reference in our rules. We agree that                 GMDSS regulations to permit AIS–                      on shore of a portable marine VHF radio
                                             allowing for certification and use of                    SARTs as an alternative to 9 GHz                      associated with a vessel. The GMDSS
                                             MSLDs will enhance safety for                            SARTs. In addition, the International                 Task Force proposed that the rule be
                                             individuals on or near the water by                      Electrotechnical Commission (IEC)                     amended to allow persons on shore
                                             providing for earlier alerting and                       approved performance and technical                    within three miles of the water to use
                                             rescues that are both more rapid and                     specifications for AIS–SARTs. In the                  portable marine VHF radios to
                                             effective and less costly, and we                        Notice, the Commission proposed to                    communicate with the vessel that is
                                             therefore incorporate the standard into                  incorporate by reference the IMO and                  subject to the ship station authorization.
                                             part 95 as proposed.8 We also agree with                 IEC standards for AIS–SARTs into our                  The Commission, however, noted that
                                             commenters who support coordination                      rules, which would allow certification                limitations on the use of maritime
                                             with the Coast Guard for equipment                       and use of AIS–SARTs meeting those                    frequencies are intended to minimize
                                             authorization to assure that MSLDs meet                  standards, and to require manufacturers               interference to maritime
                                             the RTCM MSLD standard, and will                         to coordinate AIS–SART equipment                      communications (particularly distress
                                             therefore also require such coordination.                certification applications with the Coast             and safety messages), and tentatively
                                             As suggested by RTCM, certification of                   Guard.                                                concluded that permitting the use of
                                                                                                         23. We agree with the commenters                   portable marine VHF radio transmitters
                                             MSLDs that include a function intended
                                                                                                      that AIS–SARTs represent an important                 on shore would not further the public
                                             to send a distress message directly to the
                                                                                                      tool for improving maritime safety and                interest. We questioned the practical
                                             Coast Guard or any other SAR
                                                                                                      have gained international acceptance,                 enforceability of a three-mile rule, and
                                             organization will not be permitted
                                                                                                      and therefore revise Part 80 to                       asked whether shore parties’
                                             unless that function is endorsed by the
                                                                                                      incorporate by reference the IMO and                  communications needs could be met by
                                               8 After the Notice was released, RTCM revised the      IEC standards for AIS–SARTs. We will                  commercial mobile radio service
                                             standard. The amended standard adds an option            require that AIS–SART equipment                       (CMRS) or PRS options. The
                                             permitting ‘‘open loop’’ operation allowing alerting     certification applications be coordinated             Commission also asked commenters
                                             of all vessels in the vicinity with Digital Selective    with the Coast Guard, as is required for              supporting the proposal to discuss what
                                             Calling (DSC) radios of the alert situation. DSC is
                                                                                                      other AIS equipment. We agree with
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                                             a digital signaling system that automatically allows                                                           limitations would be appropriate to
                                             ship and shore stations to call one another directly,    RTCM’s suggestion to use the term
                                             similar to the use of a telephone, and establish         ‘‘search and rescue locating devices’’                  9 In addition, as suggested by commenters, we

                                             contact. RTCM requests that we incorporate its           when referring to both traditional                    revise section 80.273(b) to agree with the latest IEC
                                             amended MSLD standard but we decline to                                                                        62388 standard and require ‘‘effective diameter of
                                             authorize the ‘‘open loop’’ option without notice
                                                                                                      SARTs and AIS–SARTs, but we decline,                  not less than 320 millimeters (12.6 inches)’’ for the
                                             and comment. Instead, we incorporate by reference        as beyond the scope of this proceeding,               radar display, rather than 340 millimeters (13.4
                                             the 2012 version of RTCM’s MSLD standard.                its request that we amend the rules                   inches).



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                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                                 90743

                                             minimize the impact on maritime                          data and email on maritime VHF                         instead apply for new ship licenses in
                                             communications.                                          channels and the availability of new                   its own name. In the Notice, the
                                                26. The GMDSS Task Force                              digital data systems that provide this                 Commission noted that most other types
                                             acknowledges that CMRS options likely                    service efficiently and without harmful                of wireless radio licenses may be
                                             will be preferred in areas with reliable                 interference. In the United States,                    assigned or transferred, and proposed to
                                             coverage, and asserts that this makes it                 however, maritime communications                       remove the prohibition on the
                                             unlikely that use of low-powered                         generally are limited to particular                    assignment or transfer of ship station
                                             portable marine VHF radio radios on                      emission designators in order to avoid                 licenses. The Commission reasoned that
                                             land will interfere with maritime                        interference between users; a full range               ‘‘[t]he prohibition on assigning or
                                             communications. It also argues that                      of data transmissions is permitted only                transferring ship licenses . . . requires
                                             permitting such use will further the                     on VHF Public Coast frequencies and                    applicants and Commission licensing
                                             public interest by encouraging more                      one channel in Alaska.                                 personnel to undertake a relatively
                                             boaters to a carry a VHF radio, which                       29. RTCM developed a technical                      cumbersome process when control of
                                             has safety benefits not available from                   standard for VDSMS that enables                        ship radio station assets are to change
                                             CMRS or PRS options because marine                       transmission of short digital messages                 hands, and there appears to be little
                                             VHF channels can be used to contact the                  without interfering with other                         public interest benefit, if any, for
                                             Coast Guard and other nearby vessels in                  communications on the same channel.                    continuing the prohibition.’’
                                             a distress situation, for bridge-to-bridge               The Commission proposed to amend                          32. We believe that it would serve the
                                             communications, and to receive                           part 80 to incorporate by reference the                public interest to permit the assignment
                                             maritime safety information broadcasts.                  RTCM VDSMS standard in order to                        and transfer of control of ship station
                                                27. We agree with commenters that                     permit transmission of short data                      licenses. Permitting the assignment and
                                             the public interest will be served by                    messages on VHF maritime private                       transfer of control of ship station
                                             allowing the use of portable VHF radios                  communications frequencies. It                         licenses would be more administratively
                                             ashore, so long as it is limited to                      tentatively concluded that                             efficient than maintaining the current
                                             enhancing the usefulness of marine VHF                   accommodating VDSMS in the                             prohibition on applications to assign or
                                             radios without negatively affecting                      Commission’s rules would advance the                   transfer such licenses, and would
                                             maritime communications. Such limited                    Commission’s goal of promoting                         reduce transactional costs for ship
                                             onshore use will promote flexibility in                  flexibility and efficiency in the use of               station licensees.13 RTCM, the only
                                             the use of marine radio equipment in a                   marine radio equipment in a manner                     commenter addressing this issue, agrees
                                             manner that furthers maritime safety by                  that would further maritime safety.                    that it would be beneficial to permit the
                                             encouraging more boaters to a carry a                       30. RTCM, the only commenter                        assignment and transfer of ship station
                                             VHF radio. Specifically, as suggested by                 addressing this issue, agrees that part 80             licenses. We will therefore amend
                                             ACR, we will permit use of portable                      should be revised to incorporate by                    section 1.948(b)(5) to remove the
                                             marine VHF radios only in areas                          reference its VDSMS standard. It argues                prohibition of applications to assign or
                                             adjacent to the water, such as docks and                 that adopting a single VDSMS standard                  transfer control of ship station licenses.
                                             beaches. In addition, as suggested by                    will avoid use of a variety of different               Ship station licensees and potential
                                             RTCM, and consistent with our                            and potentially incompatible data                      licensees are cautioned that failure to
                                             requirements for offshore use, onshore                   protocols, and ensure VDSMS                            obtain Commission approval for an
                                             communications using such radios must                    communications are not disrupted. We                   assignment or transfer of control of a
                                             relate to the operational and business                   agree, and amend part 80 to incorporate                ship station license may result in
                                             needs of the associated vessel, and must                 by reference the RTCM VDSMS                            enforcement action being taken against
                                             be limited to the minimum practicable                    standard. We note that VDSMS will not                  the entities involved.
                                             transmission time.10 We amend section                    be permitted on or adjacent to marine
                                                                                                      safety and security channels and other                 Editorial Corrections
                                             80.115 accordingly.11 We caution
                                             operators that the Commission’s                          channels excluded under Appendix 18                      33. As proposed, we correct certain
                                             Enforcement Bureau will continue to                      of the ITU Radio Regulations.12 Further,               part 80 rules to change erroneous
                                             investigate complaints against operators                 VDSMS operation on the non-excluded                    references to Title II of the
                                             who improperly use marine VHF radios,                    VHF frequencies is subject to existing                 Communications Act to refer to Title III,
                                             particularly any violation that concerns                 eligibility requirements.                              restore subparagraphs that were
                                             unauthorized transmissions on 156.800                                                                           inadvertently deleted, and correct
                                                                                                      Prohibition of Applications To Assign                  typographical errors. No commenter
                                             MHz (VHF Channel 16).                                    or Transfer Control of Ship Licenses                   addressed these corrections.
                                             VHF Digital Small Message Services                          31. Under section 1.948 of the
                                             (VDSMS)                                                  Commission’s rules, ship station                       Procedural Matters
                                               28. VDSMS is intended to provide                       licenses may not be assigned or                        A. Paperwork Reduction Act Analysis
                                             short-distance digital messaging ship-to-                transferred. Instead of efficiently                      34. This document contains new
                                             ship, shore-to-ship and ship-to-shore.                   assigning or transferring the license to               information collection requirements
                                             The International Telecommunication                      another entity, ship station licensees                 subject to the Paperwork Reduction Act
                                             Union (ITU) has recognized the future                    must submit the ship station license to                of 1995 (PRA), Public Law 104–13. It
                                             need for worldwide systems to exchange                   the Commission for cancellation; and                   will be submitted to the Office of
                                                                                                      the entity acquiring the vessel must                   Management and Budget (OMB) for
                                                10 We remind all operators that superfluous
                                                                                                                                                             review under section 3507(d) of the
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                                             radiocommunication is considered an unauthorized            12 We include port operations channels among the
                                             transmission in the Maritime Services. See 47 CFR        marine safety channels on which VDSMS will not         PRA. OMB, the general public, and
                                             80.89(a).                                                be permitted. Port operations communications are
                                                11 We amend the rule to clarify that portable VHF     ‘‘[c]ommunications in or near a port, in locks or in     13 In addition, we discern no basis to treat ship

                                             DSC radios should operate on frequency 156.525           waterways between coast stations and ship stations     station licenses differently in this regard from the
                                             MHz (Channel 70), which is the DSC Distress,             or between ship stations, which relate to the          other types of wireless licenses for which
                                             Safety and Calling channel but was not specifically      operational handling, movement and safety of ships     assignment and transfer of control applications are
                                             listed in section 80.115.                                and in emergency to the safety of persons.’’           accepted.



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                                             90744            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             other Federal agencies are invited to                    comply with RTCM standards; (e)                       those 1,383, 1,368 had fewer than 100
                                             comment on the new or modified                           provide for equipment certification and               employees, and 15 firms had more than
                                             information collection requirements                      use of Automatic Identification System                100 employees. Most applicants for
                                             contained in this proceeding. In                         Search and Rescue Transmitters (AIS–                  recreational licenses are individuals.
                                             addition, we note that pursuant to the                   SARTs) that comply with international                 Approximately 581,000 ship station
                                             Small Business Paperwork Relief Act of                   standards; (f) clarify the rules regarding            licensees and 131,000 aircraft station
                                             2002, Public Law 107–198, see 44 U.S.C.                  ship radar equipment; (g) permit the use              licensees operate domestically and are
                                             3506(c)(4), we previously sought                         of portable marine VHF radio                          not subject to the radio carriage
                                             specific comment on how the                              transmitters by persons on shore that are             requirements of any statute or treaty.
                                             Commission might ‘‘further reduce the                    on or adjacent to the dockside of the                 For purposes of our evaluations in this
                                             information collection burden for small                  associated vessel; (h) permit VHF digital             analysis, we estimate that there are up
                                             business concerns with fewer than 25                     small message services (VDSMS) on                     to approximately 712,000 licensees that
                                             employees.’’                                             certain maritime VHF channels; (i)                    are small businesses (or individuals)
                                                35. In this present document, we have                 allow assignment or transfer of control               under the SBA standard. In addition,
                                             we establish requirements for the                        of ship station licenses; and (j) correct             between December 3, 1998 and
                                             certification of MSLDs, and AIS–SARTs                    certain typographical errors.                         December 14, 1998, the Commission
                                             devices. The rule would require, inter                      38. Description and Estimate of the                held an auction of 42 VHF Public Coast
                                             alia, that applicants for certification                  Number of Small Entities to Which                     licenses in the 157.1875–157.4500 MHz
                                             submit specified information, including                  Rules Will Apply. The closest estimate                (ship transmit) and 161.775–162.0125
                                             copies of test reports and test data, to                 of the number of small businesses that                MHz (coast transmit) bands. For
                                             the United States Coast Guard prior to                   may potentially be affected by our rule               purposes of the auction, the
                                             filing their applications with the                       changes is the SBA’s ‘‘Wireless                       Commission defined a ‘‘small’’ business
                                             Commission, and that they include with                   Telecommunications Carriers (except                   as an entity that, together with
                                             their applications to the Commission                     Satellite)’’ category. This industry                  controlling interests and affiliates, has
                                             copies of letters from the United States                 comprises establishments engaged in                   average gross revenues for the preceding
                                             Coast Guard stating that the device in                   operating and maintaining switching                   three years not to exceed $15 million
                                             question satisfies all of the requirements               and transmission facilities to provide                dollars. In addition, a ‘‘very small’’
                                             of all the pertinent standard. We find                   communications via the airwaves.                      business is one that, together with
                                             that the certification requirements                      Establishments in this industry have                  controlling interests and affiliates, has
                                             adopted herein would not impose an                       spectrum licenses and provide services                average gross revenues for the preceding
                                             undue burden or excessive cost on such                   using that spectrum, such as cellular                 three years not to exceed $3 million
                                             manufacturers, including those that                      phone services, paging services,                      dollars. There are approximately 10,672
                                             have fewer than 25 employees.                            wireless Internet access, and wireless                licensees in the Marine Coast Service,
                                                                                                      video services. The appropriate size                  and the Commission estimates that
                                             B. Report to Congress                                    standard under SBA rules for the                      almost all of them qualify as ‘‘small’’
                                               The Commission will send a copy of                     category Wireless Telecommunications                  businesses under the above special
                                             this R&O in a report to be sent to                       Carriers (except satellite) is that a                 small business size standards and may
                                             Congress and the General                                 business is small if it has 1,500 or fewer            be affected by rules adopted pursuant to
                                             Accountability Office pursuant to the                    employees. Census data for 2007 show                  the Report and Order.
                                             Congressional Review Act, see 5 U.S.C.                   that there were 1,383 firms that operated                40. Radio and Television
                                             801(a)(1)(A).                                            for the entire year. Of this total, 1,368             Broadcasting and Wireless
                                             C. Final Regulatory Flexibility Analysis                 firms had employment of fewer than                    Communications Equipment
                                                                                                      1000 employees. Thus under this                       Manufacturing. The U.S. Census defines
                                               36. As required by the Regulatory                      category and the associated small                     this industry as comprising
                                             Flexibility Act (RFA), the Commission                    business size standard, the Commission                ‘‘establishments primarily engaged in
                                             has prepared a Final Regulatory                          estimates that the majority of wireless               manufacturing radio and television
                                             Flexibility Analysis (FRFA) of the rules                 telecommunications carriers (except                   broadcast and wireless communications
                                             adopted in this Report and Order.                        satellite) are small.                                 equipment. Examples of products made
                                               37. Summary. The rules adopted in                         39. Marine Radio Services. Small                   by the establishments are transmitting
                                             the Report and Order are intended to                     businesses in the aviation and marine                 and receiving antennas, cable television
                                             update the rules and requirements for                    radio services use a marine very high                 equipment, GPS equipment, pagers,
                                             technologies used to locate and rescue                   frequency (VHF), medium frequency                     cellular phones, mobile
                                             distressed ships and individuals in                      (MF), or high frequency (HF) radio, any               communications equipment, and radio
                                             distress at sea or on land to provide                    type of emergency position indicating                 and television studio and broadcasting
                                             better and more accurate data to rescue                  radio beacon (EPIRB) and/or radar, an                 equipment. The SBA has established a
                                             personnel. The Commission amends its                     aircraft radio, and/or any type of                    size standard for this industry which
                                             rules to (a) require emergency position                  emergency locator transmitter (ELT).                  classifies any businesses in this industry
                                             indicating radio beacons (EPIRBs) to be                  The Commission has not developed a                    as small if it has 750 or fewer
                                             capable of broadcasting position data                    definition of small entities specifically             employees. Census data for 2007
                                             when activated; (b) update the                           applicable to these small businesses. For             indicate that 939 such businesses
                                             equipment standards for Personal                         purposes of this analysis, the                        operated in that year. Of that number,
                                             Locator Beacons (PLBs); (c) provide that                 Commission uses the SBA small                         912 businesses operated with fewer than
                                             only devices that meet the RTCM
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                                                                                                      business size standard for the category               500 employees. Based on this data, we
                                             standard for Satellite Emergency                         Wireless Telecommunications Carriers                  conclude that a majority of businesses
                                             Notification Devices (SENDs) may be                      (except satellite),’’ which is 1,500 or               in this industry are small by the SBA
                                             marketed for use in the United States as                 fewer employees. Census data for 2007,                standard.
                                             SENDs; (d) permit equipment                              which supersede data contained in the                    41. Description of Projected
                                             certification and use of Maritime                        2002 Census, show that there were                     Reporting, Recordkeeping, and Other
                                             Survivor Locating Devices (MSLDs) that                   1,383 firms that operated that year. Of               Compliance Requirements for Small


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                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                          90745

                                             Entities. In the Report and Order we                     exempting small entities from the                     § 1.948 Assignment of authorization or
                                             adopt six rule amendments that may                       requirement; providing                                transfer of control, notification of
                                             affect reporting, recordkeeping or other                 ‘‘grandfathering’’ protection from the                consummation.
                                             compliance requirements for small                        requirement; providing a transition                   *     *     *    *     *
                                             entities. First, we amend section                        period to give either small entities or all             (b) * * *
                                             80.1061 of the rules to require that                     affected entities additional time to come               (5) Licenses, permits, and
                                             EPIRBs comply with the RTCM                              into compliance; and imposing a less                  authorizations for stations in the
                                             Standard 11000.3, and to mandate that                    burdensome requirement, either for                    Amateur, Commercial Operator and
                                             vessels that are required to carry EPIRBs                small entities or for all affected entities.          Personal Radio Services (except 218–
                                             replace their existing radiobeacons with                 In addition, to the extent we establish               219 MHz Service) may not be assigned
                                             EPIRBs that meet the new standard                        here new standards for authorization of               or transferred, unless otherwise stated.
                                             within six years of the effective date of                marine radio equipment, we have                       *     *     *    *     *
                                             the rule amendment. Second, we amend                     generally required compliance with
                                             section 95.1402 of the rules to require                  performance standards, rather than                    PART 25—SATELLITE
                                             that PLBs comply with the RTCM                           prescribing a particular equipment                    COMMUNICATIONS
                                             Standard 11010.2. Third, we adopt                        design.
                                             section 25.301 of the rules to specify                                                                         ■ 3. The authority citation for Part 25
                                             that the term SEND refers only to a                      Ordering Clauses                                      continues to read as follows:
                                             device that meets the requirements set                      44. Accordingly, IT IS ORDERED,                      Authority: Interprets or applies 47 U.S.C.
                                             forth in the RTCM SEND Standard                          pursuant to sections 4(i), 303(r), and                154, 301, 302, 303, 307, 309, 310, 319, 332,
                                             12800.0 and make it unlawful to market                   332(a)(2) of the Communications Act of                605, and 721, unless otherwise noted.
                                             for use in the United States a non-                      1934, as amended, 47 U.S.C. 154(i),
                                             compliant device as a SEND. Fourth, we                   303(r), 332(a)(2), that parts 1, 25, 80, and          ■ 4. Subpart E, consisting of § 25.301, is
                                             amend section 95.1043 of the rules to                    95 of the Commission’s rules ARE                      added to read as follows:
                                             require that MSLDs comply with the                       AMENDED as set forth in the attached
                                             RTCM Standard 11901.1. Fifth, we                         Appendix B, and such rule amendments                  Subpart E—Miscellaneous
                                             amend section 80.233 of the rules to                     SHALL BE EFFECTIVE thirty (30) days                   § 25.301 Satellite Emergency Notification
                                             require that AIS–SARTs comply with                       after publication of the rules                        Devices (SENDs).
                                             the IEC Standard 61097–14 Ed. 1.0                        amendments in the Federal Register,                      No device described by the marketer
                                             (2010–02) and IMO Resolution                             except for 47 CFR 80.233, 80.1061,                    or seller using the terms ‘‘SEND’’ or
                                             MSC.246(83). Sixth, we amend section                     95.1402, 95.1043, which contain new                   ‘‘Satellite Emergency Notification
                                             80.364 of the rules to require that                      information collection requirements that              Device’’ may be marketed or sold in the
                                             VDSMS equipment comply with the                          require approval by the OMB under the                 United States unless it complies with
                                             RTCM Standard 12301.1 We conclude                        PRA and which WILL BECOME                             the requirements of RTCM 12800.0.
                                             that none of these matters will have a                   EFFECTIVE after such approval, on the                 RTCM 12800.0, ‘‘Satellite Emergency
                                             direct, significant economic impact on a                 effective date specified in a document
                                             substantial number of small entities.                                                                          Notification Devices (SENDs),’’ dated
                                                                                                      that the Commission publishes in the                  August 1, 2011 is incorporated by
                                             The equipment standards are in use                       Federal Register announcing such
                                             internationally, so it imposes no                                                                              reference in accordance with 5 U.S.C.
                                                                                                      approval and effective date.                          552(a), and 1 CFR part 51. Copies of the
                                             additional burden on manufacturers to
                                             meet those standards for equipment to                    List of Subjects                                      document are available and may be
                                             be used in the United States. Moreover,                                                                        obtained from the Radio Technical
                                                                                                      47 CFR Part 1                                         Commission for Maritime Services, 1611
                                             most boat owners replace their EPIRBs
                                                                                                        Communications equipment, Radio.                    N. Kent Street, Suite 605, Arlington,
                                             at the battery replacement date, which
                                             is typically five years after the EPIRB is               47 CFR Parts 25, 80 and 95                            Virginia 22209. The document is
                                             sold, so a six-year deadline for certain                                                                       available for inspection at Commission
                                                                                                        Communications equipment,                           headquarters at 445 12th Street SW.,
                                             vessels will not have a significant                      Incorporation by reference, Radio.
                                             impact.                                                                                                        Washington, DC 20554. Copies may also
                                                42. Response to Comments by the                       Federal Communications Commission.                    be inspected at the National Archives
                                             Chief Counsel for Advocacy of the Small                  Gloria J. Miles,                                      and Records Administration (NARA).
                                             Business Administration. The Chief                       Federal Register Liaison Officer, Office of the       For information on the availability of
                                             Counsel did not file any comments in                     Secretary.                                            this material at NARA, call 202–741–
                                             response to the proposed rules in this                                                                         6030, or go to: http://www.archives.gov/
                                                                                                      Final Rules
                                             proceeding.                                                                                                    federal_register/code_of_federal_
                                                43. Steps Taken To Minimize the                         For the reasons discussed in the                    regulations/ibr_locations.html.
                                             Significant Economic Impact on Small                     preamble, the Federal Communications
                                             Entities, and Significant Alternatives                   Commission amends 47 CFR parts 1, 25,                 PART 80—STATIONS IN THE
                                             Considered. With respect to all of the                   80 and 95, as follows:                                MARITIME SERVICES
                                             rules adopted in the Report and Order
                                                                                                      PART 1—PRACTICE AND                                   ■ 5. The authority citation for Part 80
                                             that may affect reporting, recordkeeping
                                                                                                      PROCEDURE                                             continues to read as follows:
                                             and other compliance requirements for
                                             small entities, as identified in this FRFA               ■ 1. The authority citation for Part 1                  Authority: Secs. 4, 303, 307(e), 309, and
                                                                                                                                                            332, 48 Stat. 1066, 1082, as amended; 47
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                                             we have considered how we might                          continues to read as follows:
                                             minimize the economic impact on small                                                                          U.S.C. 154, 303, 307(e), 309, and 332, unless
                                                                                                        Authority: 47 U.S.C. 151, 154(i), 155, 157,         otherwise noted. Interpret or apply 48 Stat.
                                             entities, and we have considered
                                                                                                      225, 303(r), 309, 1403, 1404, 1451, and 1452.         1064–1068, 1081–1105, as amended; 47
                                             alternative measures that might                                                                                U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST
                                             minimize that impact. As a general                       ■ 2. Section 1.948 is amended by                      4726, 12 UST 2377.
                                             matter, the alternatives considered, and                 revising paragraph (b)(5) to read as
                                             in many cases adopted, include                           follows:                                              ■   6. Section 80.7 is amended by:


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                                             90746            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             ■  a. In paragraph (d)(5), removing ‘‘IEC                ■ 8. Section 80.59 is amended by                      compliance with Part II of Title III of the
                                             1097–3:1994’’ and adding in its place                    revising the note in paragraph (a)(1) to              Communications Act. Such a person is
                                             ‘‘IEC 61097–3:1994’’; in paragraph                       read as follows:                                      also required to be licensed as a radio
                                             (d)(8), removing ‘‘IEC 1097–7:1996’’ and                                                                       officer by the U.S. Coast Guard when
                                                                                                      § 80.59    Compulsory ship inspections.
                                             adding in its place ‘‘IEC 61097–7:1996’’;                                                                      employed to operate a ship
                                             in paragraph (d)(12), removing ‘‘IEC                       (a) * * *                                           radiotelegraph station.
                                             1097–12:1996(E) and adding in its place                    (1) * * *
                                                                                                                                                            ■ 11. Section 80.159 is amended by
                                             ‘‘IEC 61097–12:1996(E).                                    Note to paragraph (a)(1): Nothing in
                                                                                                      this section prohibits Commission                     revising paragraph (b) to read as follows:
                                             ■ b. Removing paragraph (d)(17),
                                             redesignating paragraphs (d)(14)                         inspectors from inspecting ships. The                 § 80.159 Operator requirements of Title III
                                             through (16) as (d)(15) through (17), and                mandatory inspection of U.S. vessels                  of the Communications Act and the Safety
                                             adding and reserving new paragraph                       must be conducted by an FCC-licensed                  Convention.
                                             (d)(14); and                                             technician holding an FCC General                     *     *     *     *      *
                                             ■ c. Revising paragraph (f)(3) and                       Radiotelephone Operator License,                        (b) Each cargo ship equipped with a
                                             adding paragraph (f)(4).                                 GMDSS Radio Maintainer’s License,                     radiotelegraph station in accordance
                                                The additions and revisions read as                   Second Class Radiotelegraph Operator’s                with Part II of Title III of the
                                             follows:                                                 Certificate, First Class Radiotelegraph               Communications Act and which has a
                                                                                                      Operator’s Certificate, or Radiotelegraph             radiotelegraph auto alarm must carry a
                                             § 80.7   Incorporation by reference.                     Operator License in accordance with the               radio officer holding a First Class
                                             *     *     *    *     *                                 following table:                                      Radiotelegraph Operator’s Certificate,
                                               (f) * * *                                              *     *     *      *    *                             Second Class Radiotelegraph Operator’s
                                               (3) RTCM Standard 11020.1 (‘‘RTCM                      ■ 9. Section 80.115 is amended by                     Certificate, or Radiotelegraph Operator
                                             11020’’), ‘‘RTCM Standard 11020.1,                       revising paragraphs (a)(1) through (4) to             License who has had at least six months
                                             Ship Security Alert Systems (SSAS)                       read as follows:                                      service as a radio officer on board U.S.
                                             Using the Cospas-Sarsat Satellite                                                                              ships. If the radiotelegraph station does
                                             System,’’ October 9, 2009, IBR approved                  § 80.115 Operational conditions for use of            not have an auto alarm, a second radio
                                             for § 80.277.                                            associated ship units.                                officer who holds a First Class
                                               (4) RTCM Standard 12301.1 (‘‘RTCM                         (a) * * *                                          Radiotelegraph Operator’s Certificate,
                                             12301’’), ‘‘VHF–FM Digital Small                            (1) It must only be operated on the                Second Class Radiotelegraph Operator’s
                                             Message Services,’’ July 10, 2009, IBR                   safety and calling frequency 156.800                  Certificate, or Radiotelegraph Operator
                                             approved for § 80.364(a).                                MHz or 156.525 MHz or on commercial                   License must be carried.
                                             ■ 7. Section 80.7 is amended by:                         or noncommercial VHF intership
                                                                                                                                                            *     *     *     *      *
                                             ■ a. Adding paragraphs (b)(28);                          frequencies appropriate to the class of
                                                                                                                                                            ■ 12. Section 80.203 is amended by
                                             ■ b. Redesignating paragraphs (d)(14)                    ship station with which it is associated.
                                             through (19) as (d)(15) through (20);                       (2) Except for safety purposes, it must            adding paragraphs (b)(3)(i) through (iv)
                                             ■ c. Adding a new paragraph (d)(14);                     only be used to communicate with the                  to read as follows:
                                             ■ d. Revising paragraph (f)(2); and                      ship station with which it is associated              § 80.203 Authorization of transmitters for
                                             ■ e. Removing paragraph (g).                             or with associated ship units of the                  licensing.
                                               The additions and revisions read as                    same ship station. Such associated ship               *       *    *     *     *
                                             follows:                                                 units may be used from shore only                        (b) * * *
                                             § 80.7   Incorporation by reference.
                                                                                                      adjacent to the waterway (such as on a                   (3) * * *
                                                                                                      dock or beach) where the ship is                         (i) Internal adjustments of the
                                             *      *     *   *     *                                 located. Communications from shore
                                                (b) * * *                                                                                                   transmitter;
                                                                                                      must relate to the operational and                       (ii) Use of controls normally
                                                (28) IMO Resolution MSC.246(83),
                                                                                                      business needs of the ship including the              inaccessible to the station operator;
                                             (‘‘IMO Resolution MSC.246(83)’’)
                                                                                                      transmission of safety information, and                  (iii) Use of external devices or
                                             ‘‘Adoption of Performance Standards for
                                                                                                      must be limited to the minimum                        equipment modules made available only
                                             Survival Craft AIS Search and Rescue
                                                                                                      practicable transmission time.                        to service and maintenance personnel
                                             Transmitters (AIS–SART) for Use in                          (3) It must be equipped to transmit on             through a service company; and
                                             Search and Rescue Operations,’’ IBR                      the frequency 156.800 MHz or 156.525                     (iv) Copying of a channel selection
                                             approved for § 80.233(a).                                MHz and at least one appropriate                      program directly from another
                                             *      *     *   *     *                                 intership frequency.                                  transmitter (cloning) using devices and
                                                (d) * * *                                                (4) Calling must occur on the                      procedures made available only to
                                                (14) IEC 61097–14 (‘‘IEC 61097–14’’),                 frequency 156.800 MHz or 156.525 MHz                  service and maintenance personnel
                                             Edition 1.0, 2010–02, ‘‘Global maritime                  unless calling and working on an                      through a service company.
                                             distress and safety system (GMDSS)—                      intership frequency has been
                                             Part 14: AIS search and rescue                                                                                 *       *    *     *     *
                                                                                                      prearranged.
                                             transmitter (AIS–SART)—Operational                                                                             ■ 13. Section 80.231 is amended by
                                                                                                      *      *     *     *    *                             revising paragraph (c) introductory text
                                             and performance requirements, methods
                                                                                                      ■ 10. Section 80.157 is revised to read               and paragraph (e) to read as follows:
                                             of testing and required test results,’’ IBR
                                             approved for § 80.233(a).                                as follows:
                                                                                                                                                            § 80.231 Technical requirements for Class
                                             *      *     *   *     *                                 § 80.157    Radio officer defined.                    B Automatic Identification System
                                                (f) * * *                                               A radio officer means a person                      equipment.
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                                                (2) RTCM Standard 11000.3 (‘‘RTCM                     holding a First Class Radiotelegraph                  *     *     *     *    *
                                             11000’’), ‘‘406 MHz Satellite Emergency                  Operator’s Certificate, Second Class                    (c) Prior to submitting a certification
                                             Position Radiobeacons (EPIRBs),’’ June                   Radiotelegraph Operator’s Certificate, or             application for a Class B AIS device, the
                                             12, 2012, IBR approved for § 80.1061(a)                  Radiotelegraph Operator License issued                following information must be
                                             and (c).                                                 by the Commission, who is employed to                 submitted in duplicate to
                                             *      *     *   *     *                                 operate a ship radio station in                       typeapproval@uscg.mil or the


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                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                           90747

                                             Commandant (CG–ENG–4), U.S. Coast                        systems must be capable of operating                      VHF–FM CHANNELS NOT AVAILABLE
                                             Guard Stop 7509, 2703 Martin Luther                      independently and must comply with                        FOR DIGITAL SMALL MESSAGE SERV-
                                             King Jr. Ave. SE., Washington, DC                        the specifications, standards and general                 ICE—Continued
                                             20593–7509:                                              requirements set forth on paragraph (a)
                                             *     *     *     *      *                               of this section. One of the systems must
                                               (e) A certification application for an                 provide a display with an effective                            Channel           Frequency (MHz)
                                             AIS device must contain a copy of the                    diameter of not less than 320
                                             U.S. Coast Guard letter stating that the                 millimeters (12.6 inches), (16-inch                             65A                   156.275
                                             device satisfies all of the requirements                 cathode ray tube). The other system                              06                   156.300
                                             specified in IEC 62287–1, a copy of the                  must provide a display with an effective                        66A                   156.325
                                             technical test data, and the instruction                 diameter of not less than 250                                    67                   156.375
                                             manual(s).                                               millimeters (9.8 inches), (12-inch                               70                   156.525
                                                                                                      cathode ray tube).                                               12                   156.600
                                             ■ 14. Section 80.233 is added to subpart
                                                                                                                                                                       13                   156.650
                                             E to read as follows:                                    *     *     *     *    *                                         73                   156.675
                                                                                                      ■ 16. Section 80.277 is amended by                               14                   156.700
                                             § 80.233 Technical requirements for
                                             Automatic Identification System Search and
                                                                                                      revising paragraph (a)(1) to read as                             74                   156.725
                                             Rescue Transmitters (AIS–SART)                           follows:                                                         15                   156.750
                                             equipment.                                                                                                                75                   156.775
                                                                                                      § 80.277    Ship Security Alert System                           16                   156.800
                                                (a) Automatic Identification System                   (SSAS).                                                          76                   156.825
                                             Search and Rescue Transmitter (AIS–                        (a) * * *                                                      17                   156.850
                                             SART) equipment must meet the                              (1) Equipment that complies with                               77                   156.875
                                             technical requirements of IEC 61097–14                   RTCM 11020 (incorporated by reference,                          20A                   157.000
                                             and IMO Resolution MSC.246(83)                           § 80.7); or                                                     22A                   157.100
                                             (incorporated by reference, see                                                                                         AIS 1⁄2            161.975/162.025
                                                                                                      *     *     *     *    *
                                             § 80.7(b)).
                                                                                                      ■ 17. The first undesignated center
                                                (b) Prior to submitting a certification                                                                     ■ 20. Section 80.1005 is revised to read
                                             application for an AIS–SART device,                      heading under subpart H is revised to
                                                                                                      read as follows:                                      as follows:
                                             the following information must be
                                             submitted in duplicate to the U.S. Coast                 Radiotelegraphy and Data                              § 80.1005    Inspection of station.
                                             Guard, 2703 Martin Luther King Jr. Ave.
                                                                                                      ■ 18. Section 80.351 is revised to read                 The bridge-to-bridge radiotelephone
                                             SE., Stop 7126, Washington, DC 20593–
                                                                                                      as follows:                                           station will be inspected on vessels
                                             7126:
                                                (1) The name of the manufacturer or                                                                         subject to regular inspections pursuant
                                                                                                      § 80.351    Scope.                                    to the requirements of Parts II and III of
                                             grantee and the model number of the
                                                                                                        The following sections describe the                 Title III of the Communications Act, the
                                             AIS–SART device; and
                                                                                                      carrier frequencies and general uses of               Safety Convention or the Great Lakes
                                                (2) Copies of the test report and test
                                                                                                      radiotelegraphy and data transmission                 Agreement at the time of the regular
                                             data obtained from the test facility
                                                                                                      with respect to the following:                        inspection. If after such inspection, the
                                             showing that the device complies with
                                                                                                        (a) Distress, urgency, safety, call and             Commission determines that the Bridge-
                                             the environmental and operational
                                                                                                      reply.                                                to-Bridge Act, the rules of the
                                             requirements identified in IEC 61097–                      (b) Working.
                                             14.                                                                                                            Commission and the station license are
                                                                                                        (c) Digital selective calling (DSC).                met, an endorsement will be made on
                                                (c) After reviewing the information                     (d) Narrow-band direct-printing (NB–
                                             described in paragraph (b) of this                                                                             the appropriate document. The validity
                                                                                                      DP).                                                  of the endorsement will run
                                             section, the U.S. Coast Guard will issue                   (e) Facsimile.
                                             a letter stating whether the AIS–SART                                                                          concurrently with the period of the
                                                                                                        (f) VHF–FM digital small message
                                             device satisfies all of the requirements                                                                       regular inspection. Each vessel must
                                                                                                      services (VDSMS).
                                             specified in IEC 61097–14.                                                                                     carry a certificate with a valid
                                                                                                      ■ 19. Section 80.364 is added under the
                                                (d) A certification application for an                                                                      endorsement while subject to the
                                                                                                      undesignated center heading for                       Bridge-to-Bridge Act. All other bridge-
                                             AIS–SART device must contain a copy
                                                                                                      Radiotelegraphy and Data to read as                   to-bridge stations will be inspected from
                                             of the U.S. Coast Guard letter stating
                                                                                                      follows:                                              time to time. An inspection of the
                                             that the device satisfies all of the
                                             requirements specified in IEC 61097–14,                  § 80.364 Frequencies for VHF digital small            bridge-to-bridge station on a Great Lakes
                                             a copy of the technical test data, and the               message services (VDSMS).                             Agreement vessel must normally be
                                             instruction manual(s).                                     Frequencies in the 156–162 MHz                      made at the same time as the Great
                                             ■ 15. Section 80.273 is amended by                       band may be used for VHF digital small                Lakes Agreement inspection is
                                             removing paragraph (b), redesignating                    message services (VDSMS) complying                    conducted by a technician holding one
                                             paragraphs (c) and (d) as paragraphs (b)                 with RTCM 12301 (incorporated by                      of the following: A General
                                             and (c), and revising newly redesignated                 reference, see § 80.7), except as follows             Radiotelephone Operator License, a
                                             paragraph (b) to read as follows:                                                                              GMDSS Radio Maintainer’s License, a
                                                                                                       VHF–FM CHANNELS NOT AVAILABLE                        Radiotelegraph Operator License, a
                                             § 80.273   Radar standards.
                                                                                                      FORDIGITAL SMALL MESSAGE SERVICE                      Second Class Radiotelegraph Operator’s
                                                                                                                                                            Certificate, or a First Class
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                                             *      *     *        *      *
                                                                                                                                                            Radiotelegraph Operator’s Certificate.
                                             *     *    *     *     *                                                                                       Additionally, the technician must not be
                                                                                                              Channel                Frequency (MHz)
                                               (b) For any ship of 10,000 tons gross                                                                        the vessel’s owner, operator, master, or
                                             tonnage and upwards or that is                                      01A                      156.050           an employee of any of them. Ships
                                             otherwise required to be equipped with                              63A                      156.175           subject to the Bridge-to-Bridge Act may,
                                             two radar systems, each of the two radar                            05A                      156.250           in lieu of an endorsed certificate, certify


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                                             90748            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             compliance in the station log required                   from Commandant (CG–ENG–4), U.S.                      alternate emergency contact and other
                                             by section 80.409(f).                                    Coast Guard Stop 7509, 2703 Martin                    information as required by NOAA. The
                                             ■ 21. Section 80.1053 is revised to read                 Luther King Jr. Ave. SE., Washington,                 registration card must also contain
                                             as follows:                                              DC 20593–7126, http://cgmix.uscg.mil/                 information regarding the availability to
                                                                                                      EQLabs/EQLabsSearch.aspx.                             register the EPIRB at NOAA’s online
                                             § 80.1053 Prohibition on certification,                     (1) After a 406.0–406.1 MHz EPIRB                  web-based registration database at:
                                             manufacture, importation, sale or use of                 has been certified by the recognized test             http://www/
                                             Class A, Class B, Class S, and INMARSAT–
                                             E EPIRBs.
                                                                                                      facilities the following information must             beaconregistration.noaa.gov. In
                                                                                                      be submitted in duplicate to                          addition, the following statement must
                                               The manufacture, importation, sale or                  typeapproval@uscg.mil or the                          be included: ‘‘WARNING—failure to
                                             use of Class A, Class B, Class S, or                     Commandant (CG–ENF–4), U.S. Coast                     register this EPIRB with NOAA before
                                             INMARSAT–E EPIRBs is prohibited.                         Guard Stop 7509, 2703 Martin Luther                   installation could result in a monetary
                                             New Class A, Class B, Class S, or                        King Jr. Ave. SE., Washington, DC                     forfeiture being issued to the owner.’’
                                             INMARSAT–E EPIRBs will no longer be                      20593–7509:
                                             certified by the Commission.                                                                                   *     *     *     *    *
                                                                                                         (i) The name of the manufacturer or                ■ 23. Section 80.1085 is amended by
                                             ■ 22. Section 80.1061 is amended by:                     grantee and model number of the EPIRB;
                                             ■ a. Revising paragraph (a);                                                                                   revising paragraph (a)(3) to read as
                                                                                                         (ii) Copies of the certificate and test            follows:
                                             ■ b. Revising paragraph (c) introductory
                                                                                                      data obtained from the test facility
                                             text and (c)(1); and                                     recognized by a COSPAS/SARSAT                         § 80.1085   Ship radio equipment—General.
                                             ■ c. Revising paragraphs (d) and (e).
                                               The additions and revisions read as                    Partner showing that the radiobeacon                  *      *    *     *      *
                                             follows:                                                 complies with the COSPAS–SARSAT                          (a) * * *
                                                                                                      design characteristics associated with                   (3) A radar transponder capable of
                                             § 80.1061 Special requirements for 406.0–                the measurement methods incorporated                  operating in the 9 GHz band or an AIS–
                                             406.1 MHz EPIRB stations.                                in RTCM 11000;                                        SART, which must be stowed so that it
                                               (a) Notwithstanding the provisions in                     (iii) Copies of the test report and test           is easily utilized (this device may be one
                                             paragraph (b) of this section, 406.0–                    data obtained from the test facility                  of those required by § 80.1095(b) for a
                                             406.1 MHz EPIRBs must meet all the                       recognized by the U.S. Coast Guard                    survival craft);
                                             technical and performance standards                      showing that the radiobeacon complies                 *      *    *     *      *
                                             contained in RTCM 11000 (incorporated                    with the U.S. Coast Guard
                                                                                                                                                            ■ 24. Section 80.1095 is amended by
                                             by reference, see § 80.7), and must also                 environmental and operational
                                                                                                      characteristics associated with the                   revising paragraph (b) to read as follows:
                                             comply with the standards specified in
                                             § 80.1101(c)(5). Beginning January 17,                   measurement methods described in                      § 80.1095   Survival craft equipment.
                                             2018, all new applications for                           Appendix A of the RTCM                                *     *     *     *     *
                                             certification of 406.0–406.1 MHz EPIRBs                  Recommended Standards; and                              (b) At least one radar transponder or
                                             must demonstrate compliance with the                        (iv) Instruction manuals associated                AIS–SART (collectively, ‘‘search and
                                             requirements of RTCM 11000. 406.0–                       with the radiobeacon, description of the              rescue locating devices’’) must be
                                             406.1 MHz EPIRBs that do not meet the                    test characteristics of the readiobeacon              carried on each side of every passenger
                                             requirements of RTCM 11000 shall not                     including assembly drawings, electrical               ship and every cargo ship of 500 tons
                                             be manufactured, imported, or sold in                    schematics, description of parts list,                gross tonnage and upwards. At least one
                                             the United States beginning January 17,                  specifications of materials and the                   search and rescue locating device must
                                             2020. Operation of 406.0–406.1 MHz                       manufacturer’s quality assurance                      be carried on every cargo ship of 300
                                             EPIRBs that do not meet the                              program.                                              tons gross tonnage and upwards but less
                                             requirements of RTCM 11000 shall be                      *       *    *     *     *                            than 500 tons gross tonnage. Such
                                             prohibited on vessels subject to 47 CFR                     (d) A certification application for a              search and rescue locating devices must
                                             subparts R, S, or W beginning January                    406.0–406.1 MHz EPIRB must also                       conform to performance standards as
                                             17, 2023. Existing 406.0–406.1 MHz                       contain a copy of the U.S. Coast Guard                specified in § 80.233 for AIS–SARTs or
                                             EPIRBs that do not meet the                              letter that states the radiobeacon                    § 80.1101 for radar transponders. The
                                             requirements of RTCM 11000 must be                       satisfies all RTCM Recommended                        search and rescue locating devices must
                                             operated as certified.                                   Standards, a copy of the technical test               be stowed in such locations that they
                                             *     *     *     *      *                               data, and the instruction manual(s).                  can be rapidly placed in any survival
                                               (c) Prior to submitting a certification                   (e) An identification code, recognized             craft other than liferafts required on
                                             application for a 406.0–406.1 MHz                        by the National Oceanic and                           cargo ships in forward and aft areas (see
                                             radiobeacon, the radiobeacon must be                     Atmospheric Administration (NOAA),                    Regulation III/26.1.4 of the SOLAS
                                             certified by a test facility recognized by               the United States Program Manager for                 Convention). Alternatively, one search
                                             one of the COSPAS–SARSAT Partners                        the 406.0–406.1 MHz COSPAS/SARSAT                     and rescue locating device must be
                                             that the equipment satisfies the design                  satellite system, must be programmed in               stowed in each survival craft other than
                                             characteristics associated with the                      each EPIRB unit to establish a unique                 those required by Regulation III/26.1.4
                                             measurement methods incorporated in                      identification for each EPIRB station.                of the SOLAS Convention. One of these
                                             RTCM Standard 11000 (incorporated by                     With each marketable EPIRB unit, the                  search and rescue locating devices may
                                             reference, see § 80.7). Additionally, the                manufacturer or grantee must include a                be the search and rescue locating device
                                             radiobeacon must be subjected to the                     postage pre-paid registration card                    required by § 80.1085(a)(3).
                                             environmental and operational tests                      printed with the EPIRB identification
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                                                                                                                                                            *     *     *     *     *
                                             associated with the test procedures                      code addressed to: NOAA/SARSAT
                                             described in Appendix A of RTCM                          Beacon Registration, NSOF, E/SPO53,                   PART 95—PERSONAL RADIO
                                             Standard 11000, by a test facility                       1315 East West Hwy, Silver Spring, MD                 SERVICES
                                             accepted by the U.S. Coast Guard for                     20910–9684. The registration card must
                                             this purpose. Information regarding                      request the owner’s name, address,                    ■ 25. The authority citation for part 95
                                             accepted test facilities may be obtained                 telephone number, type of ship,                       continues to read as follows:


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                                                              Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations                                       90749

                                               Authority: 47 U.S.C. 154, 301, 302(a), 303,            shall not be manufactured, imported, or               registration by postcard, users may
                                             and 307(e).                                              sold in the United States beginning                   register 406 MHz PLBs online at
                                             ■ 26. The heading of subpart K is                        January 17, 2020.                                     www.beaconregistration.noaa.gov.
                                             revised to read as follows:                                (c) Before a 406 MHz PLB certification              *     *     *    *     *
                                                                                                      application is submitted to the                       ■ 30. Section 95.1403 is added to
                                             Subpart K—Personal Locator Beacons                       Commission, the applicant must have                   subpart K to read as follows:
                                             (PLBs) and Maritime Survivor Locating                    obtained certification from a test facility
                                             Devices (MSLDs)                                          recognized by one of the COSPAS/                      § 95.1403 Special requirements for
                                                                                                      SARSAT Partners that the PLB satisfies                Maritime Survivor Locating Devices.
                                             ■ 27. Section 95.1400 is revised to read                 the standards incorporated in RTCM                      (a) Maritime Survivor Locating
                                             as follows:                                              11010. Additionally, an independent                   Devices (MSLDs) are devices intended
                                             § 95.1400   Basis and purpose.                           test must certify that the PLB complies               to aid in the location of persons in the
                                                                                                      with the electrical and environmental                 water. Use on land is not authorized.
                                               The rules in this subpart are intended                 standards associated with the RTCM                      (b) MSLDs must meet all the technical
                                             to provide individuals in the water or in                Recommended Standards.                                and performance standards contained in
                                             remote areas a means to alert others of                    (d) The procedures of Notification by               RTCM 11901.1. RTCM 11901.1,
                                             an emergency situation and to aid                        the equipment manufacturer and                        ‘‘Maritime Survivor Locating Devices
                                             search and rescue personnel in locating                  Certification from the designated                     (MSLD),’’ dated June 4, 2012 is
                                             those in distress.                                       Telecommunications Certification Body                 incorporated by reference in accordance
                                             ■ 28. Section 95.1401 is revised to read                 are contained in subpart J of part 2 of               with 5 U.S.C. 552(a), and 1 CFR part 51.
                                             as follows:                                              this chapter.                                         Copies of the document are available
                                                                                                        (e) An identification code, recognized              and may be obtained from the Radio
                                             § 95.1401   Frequency.
                                                                                                      by the National Oceanic and                           Technical Commission for Maritime
                                                The frequency band 406.0–406.1 MHz                    Atmospheric Administration (NOAA),                    Services, 1611 N. Kent Street, Suite 605,
                                             is an emergency and distress frequency                   the United States Program Manager for                 Arlington, Virginia 22209. The
                                             band available for use by Personal                       the 406 MHz COSPAS/SARSAT satellite                   document is available for inspection at
                                             Locator Beacons (PLBs). Personal                         system, must be programmed in each                    Commission headquarters at 445 12th
                                             Locator Beacons that transmit on the                     PLB unit to establish a unique                        Street SW., Washington, DC 20554.
                                             frequency band 406.0–406.1 MHz must                      identification for each PLB station. With             Copies may also be inspected at the
                                             use G1D emission. Use of these                           each marketable PLB unit, the                         National Archives and Records
                                             frequencies must be limited to                           manufacturer or grantee must include a                Administration (NARA). For
                                             transmission of distress and safety of                   postage pre-paid registration card                    information on the availability of this
                                             life communications.                                     printed with the PLB identification code              material at NARA, call 202–741–6030,
                                             ■ 29. Section 95.1402 is amended by                      addressed to: NOAA/SARSAT Beacon                      or go to: http://www.archives.gov/
                                             revising paragraphs (a) through (f) to                   Registration, NSOF, E/SPO53, 1315 East                federal_register/code_of_federal_
                                             read as follows:                                         West Hwy, Silver Spring, MD 20910–                    regulations/ibr_locations.html.
                                                                                                      9684. The registration card must request                (c) No device may be marketed or sold
                                             § 95.1402 Special requirements for 406                   the owner’s name, address, telephone
                                             MHz PLBs.
                                                                                                                                                            in the United States as a ‘‘MSLD’’ or
                                                                                                      number, alternate emergency contact                   ‘‘Maritime Survivor Locating Device’’
                                               (a) All 406 MHz PLBs must meet all                     and include the following statement:                  unless it complies with the
                                             the technical and performance                            ‘‘WARNING’’ failure to register this PLB              requirements of RTCM 11901.
                                             standards contained in RTCM 11010.2.                     with NOAA could result in a monetary                  Previously approved devices intended
                                             RTMC 11010.2, ‘‘406 MHz Satellite                        forfeiture order being issued to the                  to aid in the location of persons in the
                                             Personal Locator Beacons (PLBs),’’                       owner.’’                                              water that do not meet the requirements
                                             including Amendments 1 and 2, dated                        (f) To enhance protection of life and               of this section shall not be
                                             June 8, 2012 is incorporated by                          property, it is mandatory that each 406               manufactured, imported, or sold in the
                                             reference in accordance with 5 U.S.C.                    MHz PLB be registered with NOAA and                   United States January 17, 2018.
                                             552(a), and 1 CFR part 51. Copies of the                 that information be kept up-to-date. In                 (d) All MSLDs must:
                                             document are available and may be                        addition to the identification plate or                 (1) Transmit on at least one of the
                                             obtained from the Radio Technical                        label requirements contained in §§ 2.925              following frequencies: 121.5 MHz,
                                             Commission for Maritime Services, 1611                   and 2.926 of this chapter, each 406 MHz               156.525 MHz, 156.750 MHz, 156.800
                                             N. Kent Street, Suite 605, Arlington,                    PLB must be provided on the outside                   MHz, 156.850 MHz, 161.975 MHz,
                                             Virginia 22209. The document is                          with a clearly discernable permanent                  162.025 MHz; or
                                             available for inspection at Commission                   plate or label containing the following                 (2) Include a function intended to
                                             headquarters at 445 12th Street SW.,                     statement: ‘‘The owner of this 406 MHz                send a distress message directly to the
                                             Washington, DC 20554. Copies may also                    PLB must register the NOAA                            U.S. Coast Guard or any other search
                                             be inspected at the National Archives                    identification code contained on this                 and rescue organization.
                                             and Records Administration (NARA).                       label with the National Oceanographic                   (e) Before an MSLD certification
                                             For information on the availability of                   and Atmospheric Administration                        application is submitted, the applicant
                                             this material at NARA, call 202–741–                     (NOAA) whose address is: NOAA/                        must obtain a test report from a test
                                             6030, or go to: http://www.archives.gov/                 SARSAT Beacon Registration, NSOF, E/                  laboratory which shows that the MSLD
                                             federal_register/code_of_federal_                        SPO53, 1315 East West Hwy, Silver                     complies with the electrical and
                                             regulations/ibr_locations.html.                          Spring, MD 20910–9684.’’ Owners shall
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                                                                                                                                                            environmental standards associated
                                               (b) Beginning January 17, 2018, all                    advise NOAA in writing upon change of                 with RTCM 11901. The test laboratory
                                             new applications for certification of 406                PLB ownership, or any other change in                 must be accredited to ISO/IEC 17025
                                             MHz PLBs must demonstrate                                registration information. NOAA will                   with a scope covering the applicable
                                             compliance with the requirements of                      provide registrants with proof of                     requirements and test procedures.
                                             RTCM 11010. 406 MHz PLBs that do not                     registration and change of registration                 (1) After the MSLD has been certified
                                             meet the requirements of RTCM 11010                      postcards. In the alternative to                      by a test laboratory, the following


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                                             90750            Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations

                                             information must be submitted in                         ADDRESSES:    Information or questions                and public comment on these
                                             duplicate to the U.S. Coast Guard, 2703                  regarding these final rules should                    amendments are unnecessary. See 5
                                             Martin Luther King Jr. Ave. SE., Stop                    reference Docket No. EP 737 and be in                 U.S.C. 553(a)(2), 553(b)(A) & 553(b)(B).
                                             7126, Washington, DC 20593–7126:                         writing addressed to: FOIA Officer,                      The Regulatory Flexibility Act (RFA),
                                                (i) The name of the manufacturer or                   Office of the General Counsel, Surface                as amended by the Small Business
                                             grantee and model number of the MSLD;                    Transportation Board, by mail at 395 E                Regulatory Enforcement Fairness Act of
                                                (ii) Copies of the test report and test               Street SW., Washington, DC 20423–                     1996, 5 U.S.C. 601–612, generally
                                             data showing that the MSLD complies                      0001, by facsimile at 202–245–0456, or                requires an agency to prepare a
                                             with the electrical and environmental                    by Email at FOIA.Privacy@stb.gov.                     regulatory flexibility analysis of any rule
                                             standards associated with RTCM 11901;                    FOR FURTHER INFORMATION CONTACT:                      subject to notice-and-comment
                                             and                                                      Sarah Fancher at (202) 245–0355.                      rulemaking requirements, unless the
                                                (iii) Instruction manuals associated                  [Assistance for the hearing impaired is               agency certifies that the rule will not
                                             with the MSLD, description of the test                   available through the Federal                         have a significant economic impact on
                                             characteristics of the MSLD including                    Information Relay Service (FIRS) at 1–                a substantial number of small entities.
                                             assembly drawings, electrical                            800–877–8339.]                                        Because the Board has determined that
                                             schematics, description of parts list,                   SUPPLEMENTARY INFORMATION: The Board
                                                                                                                                                            notice and comment are not required
                                             specifications of materials and the                      is revising its regulations at 49 CFR                 under the APA for this rulemaking, the
                                             manufacturer’s quality assurance                         1001.3 and 1002.1(g) in accordance with               requirements of the RFA do not apply.
                                             program.                                                 the FOIA Improvement Act, Public Law                  List of Subjects
                                                (2) After reviewing the information                   114–185 (2016), which provides
                                             described in paragraph (e)(1) of this                    additional protections for parties                    49 CFR Part 1001
                                             section, the U.S. Coast Guard will issue                 requesting records held by the executive                Freedom of information, Government
                                             a letter stating whether the MSLD                        branch of the U.S. Government. Among                  employees, Inspection of records.
                                             satisfies all RTCM Recommended                           the changes to FOIA, the FOIA
                                             Standards. In the case of an MSLD that                                                                         49 CFR Part 1002
                                                                                                      Improvement Act requires agencies to
                                             includes a function intended to send a                   allow requesters a minimum of 90 days                   Freedom of information, Fees for
                                             distress message directly to the U.S.                    to file an administrative appeal and that             records.
                                             Coast Guard or any other search and                      agencies allow for dispute resolution                   It is ordered:
                                             rescue organization, the letter will also                services at various times throughout the                1. The final rules set forth below are
                                             state whether the U.S. Coast Guard                       FOIA process. The FOIA Improvement                    adopted. Notice of the rules adopted
                                             endorses that function.                                  Act also updates how fees are assessed                here will be published in the Federal
                                                (f) A certification application for an                in certain circumstances.                             Register.
                                             MSLD must contain a copy of the U.S.                        In accordance with the FOIA                          2. The rules are effective on January
                                             Coast Guard letter stating that the device               Improvement Act, the Board is revising                14, 2017.
                                             satisfies all RTCM Recommended                           1001.3 by: (1) Changing the appeal                      By the Board, Chairman Elliott, Vice
                                             Standards, a copy of the technical test                  deadline from 30 days to 90 days; and                 Chairman Miller, and Commissioner
                                             data, and the instruction manual(s).                     (2) adding a provision (under a new                   Begeman.
                                             [FR Doc. 2016–29612 Filed 12–14–16; 8:45 am]
                                                                                                      subheading) informing parties that they               Brendetta S. Jones,
                                             BILLING CODE 6712–01–P                                   may seek dispute resolution services                  Clearance Clerk.
                                                                                                      from either the Board’s FOIA Public                     For the reasons set forth in the
                                                                                                      Liaison or the Office of Government                   preamble, the Surface Transportation
                                             SURFACE TRANSPORTATION BOARD                             Information Services, National Archives               Board amends part 1001 and part 1002
                                                                                                      and Records Administration. The Board                 of title 49, chapter X, of the Code of
                                             49 CFR Parts 1001 and 1002                               is also revising 49 CFR 1002.1(g) by                  Federal Regulations as follows:
                                             [Docket No. EP 737]                                      adding paragraphs (15), (16), (17), and
                                                                                                      (18) to include the new requirements                  PART 1001—INSPECTION OF
                                             Revised Inspection of Records and                        mandated by the FOIA Improvement                      RECORDS
                                             Related Fees                                             Act regarding fees. The final rules are
                                                                                                      set forth below.                                      ■ 1. Revise the authority citation for part
                                             AGENCY:  Surface Transportation Board.                      Under the Administrative Procedure                 1001 to read as follows:
                                             ACTION: Final rules.                                     Act (APA), the public generally may                     Authority: 5 U.S.C. 552, 49 U.S.C. 1302,
                                                                                                      participate in the promulgation of rules              and 49 U.S.C. 1321.
                                             SUMMARY:   The Surface Transportation                    through a notice and comment period.
                                             Board (Board or STB) is revising its                                                                           ■   2. Revise § 1001.3 to read as follows:
                                                                                                      5 U.S.C. 553(b) & (c). However, an
                                             regulations governing ‘‘Inspection of                    agency may publish regulations in final               § 1001.3 Requests to inspect other records
                                             Records’’ and ‘‘Fees’’ in accordance                     form when the agency, for good cause,                 not considered public under 5 U.S.C. 552.
                                             with changes to the Freedom of                           finds that notice and public procedure                  (a) Request and determination.
                                             Information Act (FOIA) made by the                       thereon are impracticable, unnecessary,               Requests to inspect records other than
                                             FOIA Improvement Act of 2016 (FOIA                       or contrary to the public interest. 5                 those now deemed to be of a public
                                             Improvement Act). Pursuant to the                        U.S.C. 553(b)(B).                                     nature shall be in writing and addressed
                                             FOIA Improvement Act, the Board is                          The Board has determined that these                to the Freedom of Information Act
                                             extending the deadline for                               amendments to its regulations relate to               Officer (FOIA Officer). The FOIA Officer
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                                             administrative appeals, adding                           agency management, practice, and                      shall determine within 20 days of
                                             information on dispute resolution                        procedure, and make technical changes                 receipt of a request (excepting
                                             services, and amending the way fees are                  only as directed by statute, are not a                Saturdays, Sundays, and legal public
                                             charged in certain circumstances.                        matter of agency discretion, and provide              holidays) whether a requested record
                                             DATES: These rules are effective on                      additional protections to the public.                 will be made available. If the FOIA
                                             January 14, 2017.                                        Therefore, the Board finds that notice                Officer determines that a request cannot


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Document Created: 2016-12-15 01:10:49
Document Modified: 2016-12-15 01:10:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective January 17, 2017 except for the amendments to Sec. Sec. 80.233, 80.1061, 95.1402 and 95.1403 which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The FCC will publish a document in the Federal Register announcing the effective date for those amendments. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 17, 2017, except for the publications in Sec. Sec. 80.7 (amendatory instruction #7), 80.233, 80.1061, 95.1402 and 95.1403 which are in sections that contain information collection requirements that are not effective until approved by the Office of Management and Budget. The FCC will publish a document in the Federal Register announcing the approval date for the incorporation by reference of publications into those sections.
ContactJames Shaffer, [email protected], Wireless Telecommunications Bureau, (202) 418-0687, or TTY (202) 418- 7233. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Cathy Williams, [email protected], (202) 418-2918, or send an email to [email protected]
FR Citation81 FR 90739 
CFR Citation47 CFR 1
47 CFR 25
47 CFR 80
47 CFR 95
CFR AssociatedCommunications Equipment; Radio and Incorporation by Reference

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