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 [email protected] 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 Digital Small Message Service (VDSMS) Dated: December 9, 2016. Office of Management and Budget. The FCC will publish a document in the on certain marine VHF channels. For Robert Bonnie, Federal Register announcing the 406 MHz Emergency Position Indicating Under Secretary, Natural Resources and approval date for the incorporation by Radiobeacons (EPIRBs) the Radio Environment. reference of publications into those Technical Commission for Maritime [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 FEDERAL COMMUNICATIONS device designed to provide position data filing comments with the Office of the COMMISSION upon activation. For 406 MHz Personal 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 [WTB Docket No. 14–36; FCC 16–119] technical requirements and adds test 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 [email protected]. 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 ACTION: Final rule. technical performance of SENDs to 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, [email protected], 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 [email protected]. 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 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

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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 Personal Locator Beacons (PLBs) Specifically, an EPIRB transmits a 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 9. PLBs must comply with the RTCM EPIRBs rely on satellite Doppler shift to (EPIRBs), dated June 1, 2015. The amended 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 requirements and to add test procedures coordinates, which enables SAR option without notice and comment. Until such 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. PLB standard should be incorporated by 2 We also, as proposed, remove references in part 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 characteristics of a satellite emergency position- RTCM PLB standard. We agree that such 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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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 Satellite Emergency Notification compliant PLBs will be prohibited, products, argues further that compliance Devices (SENDs) because PLB use is voluntary and the 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 3 As suggested by commenters, we also remove that the mailing address set forth in the rule is such as mariners and workers on marine the technical requirements set forth in section obsolete that the rule was updated after those 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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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 much power or for as long as EPIRBs or compulsory vessels and IEC 62252 for and Rescue Transmitters (AIS–SARTs) PLBs. Instead, MSLDs transmit on voluntary vessels. As proposed in the 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 identification code and GPS coordinates that were approved by waiver but do not Portable Marine VHF Radios on Shore comply with RTCM’s MSLD standard. to all AIS-enabled devices within VHF 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 MSLDs that include a function intended portable marine VHF radio transmitters that AIS–SARTs represent an important to send a distress message directly to the on shore would not further the public tool for improving maritime safety and Coast Guard or any other SAR interest. We questioned the practical have gained international acceptance, organization will not be permitted enforceability of a three-mile rule, and and therefore revise Part 80 to unless that function is endorsed by the asked whether shore parties’ 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 a digital signaling system that automatically allows other AIS equipment. We agree with 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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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 Editorial Corrections 80.115 accordingly.11 We caution safety and security channels and other 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 inadvertently deleted, and correct unauthorized transmissions on 156.800 Prohibition of Applications To Assign MHz (VHF Channel 16). typographical errors. No commenter 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 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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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 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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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 Notification Devices (SENDs),’’ dated substantial number of small entities. that the Commission publishes in the The equipment standards are in use August 1, 2011 is incorporated by Federal Register announcing such reference in accordance with 5 U.S.C. internationally, so it imposes no approval and effective date. additional burden on manufacturers to 552(a), and 1 CFR part 51. Copies of the meet those standards for equipment to List of Subjects document are available and may be obtained from the Radio Technical be used in the United States. Moreover, 47 CFR Part 1 most boat owners replace their EPIRBs Commission for Maritime Services, 1611 Communications equipment, Radio. at the battery replacement date, which N. Kent Street, Suite 605, Arlington, 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– 6030, or go to: http://www.archives.gov/ response to the proposed rules in this 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 ■ that may affect reporting, recordkeeping 5. The authority citation for Part 80 PROCEDURE and other compliance requirements for continues to read as follows: small entities, as identified in this FRFA ■ 1. The authority citation for Part 1 Authority: Secs. 4, 303, 307(e), 309, and we have considered how we might continues to read as follows: 332, 48 Stat. 1066, 1082, as amended; 47 minimize the economic impact on small U.S.C. 154, 303, 307(e), 309, and 332, unless entities, and we have considered Authority: 47 U.S.C. 151, 154(i), 155, 157, otherwise noted. Interpret or apply 48 Stat. 225, 303(r), 309, 1403, 1404, 1451, and 1452. alternative measures that might 1064–1068, 1081–1105, as amended; 47 ■ 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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■ 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 adding in its place ‘‘IEC 61097–7:1996’’; § 80.59 Compulsory ship inspections. employed to operate a ship in paragraph (d)(12), removing ‘‘IEC (a) * * * radiotelegraph station. 1097–12:1996(E) and adding in its place (1) * * * ■ Note to paragraph (a)(1): Nothing in 11. Section 80.159 is amended by ‘‘IEC 61097–12:1996(E). revising paragraph (b) to read as follows: ■ b. Removing paragraph (d)(17), this section prohibits Commission 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. ■ or noncommercial VHF intership 7. Section 80.7 is amended by: * * * * * ■ frequencies appropriate to the class of a. Adding paragraphs (b)(28); ■ ■ b. Redesignating paragraphs (d)(14) ship station with which it is associated. 12. Section 80.203 is amended by 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 transmitter; (b) * * * must relate to the operational and (28) IMO Resolution MSC.246(83), (ii) Use of controls normally business needs of the ship including the (‘‘IMO Resolution MSC.246(83)’’) inaccessible to the station operator; 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 ■ of testing and required test results,’’ IBR 10. Section 80.157 is revised to read and paragraph (e) to read as follows: as follows: approved for § 80.233(a). § 80.231 Technical requirements for Class * * * * * § 80.157 Radio officer defined. B Automatic Identification System (f) * * * A radio officer means a person equipment. (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 [email protected] or the

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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 12 156.600 ■ cathode ray tube). 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 AIS 1⁄2 161.975/162.025 (incorporated by reference, see * * * * * § 80.7(b)). ■ (b) Prior to submitting a certification 17. The first undesignated center heading under subpart H is revised to ■ 20. Section 80.1005 is revised to read application for an AIS–SART device, as follows: the following information must be read as follows: submitted in duplicate to the U.S. Coast Radiotelegraphy and Data § 80.1005 Inspection of station. Guard, 2703 Martin Luther King Jr. Ave. ■ The bridge-to-bridge radiotelephone SE., Stop 7126, Washington, DC 20593– 18. Section 80.351 is revised to read station will be inspected on vessels 7126: as follows: subject to regular inspections pursuant (1) The name of the manufacturer or § 80.351 Scope. grantee and the model number of the to the requirements of Parts II and III of The following sections describe the AIS–SART device; and Title III of the Communications Act, the carrier frequencies and general uses of (2) Copies of the test report and test Safety Convention or the Great Lakes radiotelegraphy and data transmission data obtained from the test facility Agreement at the time of the regular with respect to the following: showing that the device complies with inspection. If after such inspection, the (a) Distress, urgency, safety, call and the environmental and operational Commission determines that the Bridge- reply. requirements identified in IEC 61097– to-Bridge Act, the rules of the (b) Working. Commission and the station license are 14. (c) Digital selective calling (DSC). (c) After reviewing the information met, an endorsement will be made on (d) Narrow-band direct-printing (NB– the appropriate document. The validity described in paragraph (b) of this DP). section, the U.S. Coast Guard will issue of the endorsement will run (e) Facsimile. concurrently with the period of the a letter stating whether the AIS–SART (f) VHF–FM digital small message regular inspection. Each vessel must device satisfies all of the requirements services (VDSMS). carry a certificate with a valid specified in IEC 61097–14. ■ 19. Section 80.364 is added under the (d) A certification application for an endorsement while subject to the undesignated center heading for AIS–SART device must contain a copy Bridge-to-Bridge Act. All other bridge- Radiotelegraphy and Data to read as of the U.S. Coast Guard letter stating to-bridge stations will be inspected from follows: that the device satisfies all of the time to time. An inspection 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. FOR DIGITAL SMALL MESSAGE SERVICE Second Class Radiotelegraph Operator’s * * * * * Certificate, or a First Class 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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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 [email protected] 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; ■ revising paragraph (a)(3) to read as a. Revising paragraph (a); (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 revising paragraph (b) to read as follows: comply with the standards specified in characteristics associated with the § 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 * * * * * 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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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 § 95.1401 Frequency. and may be obtained from the Radio 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 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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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 [email protected]. 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 49 CFR Part 1002 Standards. In the case of an MSLD that 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 Act regarding fees. The final rules are Related Fees ■ 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. ■ 2. Revise § 1001.3 to read as follows: Board (Board or STB) is revising its 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 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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