Maritime Communications Distress and Safety System (GMDSS), a November 8, 2006
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67604 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations * * * * * downloaded at: http://www.fcc.gov. Congress and the Government [FR Doc. 2011–28256 Filed 11–1–11; 8:45 am] Alternative formats are available to Accountability Office pursuant to the BILLING CODE 6560–50–P persons with disabilities by sending an Congressional Review Act, see 5 U.S.C. email to [email protected] or by calling the 801(a)(1)(A). Consumer & Governmental Affairs FEDERAL COMMUNICATIONS Bureau at (202) 418–0530 (voice), (202) C. Final Regulatory Flexibility Analysis COMMISSION 418–0432 (tty). 4. As required by the Regulatory 1. The WT Docket No. 00–48 47 CFR Parts 2 and 80 Flexibility Act of 1980, as amended rulemaking proceeding was established (RFA), an Initial Regulatory Flexibility [WT Docket No. 00–48; FCC 10–110] to develop rules for domestic Analysis (IRFA) was incorporated in the implementation of the Global Maritime Third FNPRM, at 71 FR 65448, Maritime Communications Distress and Safety System (GMDSS), a November 8, 2006. The Commission ship-to-shore and ship-to-ship distress AGENCY: sought written public comment on the Federal Communications communications system using satellite proposals in the Third FNPRM, Commission. and digital selective calling (DSC) including comment on the IRFA. This ACTION: Final rule. technology. The Commission takes the present Final Regulatory Flexibility following significant actions in the SUMMARY: In this document, the Federal Analysis (FRFA) conforms to the RFA. Communications Commission Fourth R&O in WT Docket No. 00–48: (Commission or FCC) addresses a (1) Prohibits the certification, Need for, and Objectives of, the Report number of issues pertaining to the manufacture, importation, sale, and Order Maritime Radio Services that were installation, or continued use of 5. The rules adopted in the Fourth raised in the Third Further Notice of INMARSAT–E emergency position R&O are intended to promote maritime Proposed Rulemaking (Third FNPRM), indicating radiobeacons (EPIRBs); (2) safety, maximize effective and efficient and amends its rules accordingly. The concludes that VHF–DSC handheld decisions adopted by the Commission radiotelephones should include use of the spectrum available for herein advance the key objectives integrated Global Positioning System maritime communications, underlying this proceeding, which are (GPS) capability, but defers adopting accommodate technological innovation, to promote maritime safety, maximize such a requirement until the Radio avoid unnecessary regulatory burdens, effective and efficient use of the Technical Commission for Maritime maintain consistency with international spectrum available for maritime Services (RTCM) completes work on maritime standards to the extent communications, accommodate GPS performance standards; (3) requires consistent with the United States public technological innovation, avoid that any small passenger vessel that interest, and regulate the Maritime unnecessary regulatory burdens, does not have a reserve power supply Radio Services in a manner that maintain consistency with international carry at least one VHF handheld marine advances our nation’s homeland maritime standards to the extent radio transceiver; (4) declines at this security. Specifically, in the Fourth consistent with the United States public time to provide additional spectrum for R&O, the Commission (1) prohibits the interest, and regulate the Maritime ship station facsimile communications certification, manufacture, importation, Radio Services in a manner that or to permit the transmission of data on installation, or continued use of advances our nation’s homeland maritime voice channels; (5) eliminates INMARSAT–E emergency position security. the limits on the number of frequencies indicating radiobeacons (EPIRBs); (2) that can be assigned to a private coast concludes that VHF–DSC handheld DATES: Effective January 3, 2012. The station or marine utility station; (6) radiotelephones should include incorporation by reference of certain revises the part 80 rules to incorporate integrated Global Positioning System publications listed in the rule is by reference the latest international (GPS) capability, but defers adopting approved by the Director of the Federal standards for radar and other Register as of January 3, 2012. equipment; and (7) clarifies that vessels such a requirement until the Radio FOR FURTHER INFORMATION CONTACT: subject to GMDSS requirements are Technical Commission for Maritime Jeffrey Tobias, [email protected], required to test their radiotelephone Services (RTCM) completes work on Wireless Telecommunications Bureau, equipment on a daily basis. GPS performance standards; (3) requires (202) 418–1617, or TTY (202) 418–7233. carriage of at least one VHF handheld I. Procedural Matters SUPPLEMENTARY INFORMATION: This is a radio transceiver on all small passenger summary of the Federal A. Paperwork Reduction Act Analysis vessels that do not carry a reserve power supply; (4) declines to take any Communications Commission’s Fourth 2. This document does not contain immediate action to provide additional Report and Order and Second proposed information collection(s) spectrum for ship station facsimile Memorandum Opinion and Order subject to the Paperwork Reduction Act communications or to permit the (Fourth R&O) in WT Docket No. 00–48, of 1995 (PRA), Public Law 104–13. In FCC 10–110, adopted on June 7, 2010, addition, therefore, it does not contain transmission of data on maritime voice and released on June 10, 2010. The full any new or modified ‘‘information channels; (5) removes limits on the text of this document is available for collection burden for small business number of frequencies that can be inspection and copying during normal concerns with fewer than 25 assigned to a private coast station or business hours in the FCC Reference employees,’’ pursuant to the Small marine utility station; (6) revises the Center, 445 12th Street SW., Business Paperwork Relief Act of 2002, part 80 rules to incorporate by reference Washington, DC 20554. The complete Public Law 107–198, see 44 U.S.C. the latest international standards for text may be purchased from the 3506(c)(4). radar and other equipment; and (7) Commission’s copy contractor, Best clarifies that vessels subject to the Copy and Printing, Inc., 445 12th Street B. Report to Congress GMDSS requirements are required to SW., Room CY–B402, Washington, DC 3. The Commission will send a copy test their radiotelephone equipment on 20554. The full text may also be of this Fourth R&O in a report to a daily basis. VerDate Mar<15>2010 15:56 Nov 01, 2011 Jkt 226001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 67605 Summary of Significant Issues Raised by Nationwide, as of 2002, there were domestically and are not subject to the Public Comments in Response to the approximately 1.6 million small radio carriage requirements of any IRFA organizations. The term ‘‘small statute or treaty. For purposes of our 6. No comments were submitted governmental jurisdiction’’ is defined evaluations in this analysis, we estimate specifically in response to the IRFA. generally as ‘‘governments of cities, that there are up to approximately The Commission nonetheless towns, townships, villages, school 712,000 licensees that are small considered the potential economic districts, or special districts, with a businesses (or individuals) under the impact on small entities of the rules population of less than fifty thousand.’’ SBA standard. In addition, between Census Bureau data for 2002 indicate discussed in the IRFA, and has December 3, 1998 and December 14, that there were 87,525 local considered alternatives that would 1998, the Commission held an auction governmental jurisdictions in the reduce the potential economic impact of 42 VHF Public Coast licenses in the United States. We estimate that, of this on small entities of the rules adopted 157.1875–157.4500 MHz (ship transmit) total, 84,377 entities were ‘‘small herein, regardless of whether the and 161.775–162.0125 MHz (coast governmental jurisdictions.’’ Thus, we potential economic impact was transmit) bands. For purposes of the estimate that most governmental discussed in any comments. auction, the Commission defined a jurisdictions are small. ‘‘small’’ business as an entity that, Description and Estimate of the Number 10. Wireless Service Providers. Since together with controlling interests and of Small Entities to Which Rules Will 2007, the Census Bureau has placed affiliates, has average gross revenues for Apply wireless firms within the broad, the preceding three years not to exceed economic census category of Wireless 7. The RFA directs agencies to $15 million dollars. In addition, a ‘‘very Telecommunications Categories (Except provide a description of and, where small’’ business is one that, together Satellite). Prior to that time, such firms feasible, an estimate of the number of with controlling interests and affiliates, were within the now-superseded small entities that may be affected by has average gross revenues for the categories of ‘‘Paging’’ and ‘‘Cellular and preceding three years not to exceed $3 the proposed rules, if adopted. The RFA Other Wireless Telecommunications.’’ defines the term ‘‘small entity’’ as million dollars. There are approximately Under the present and prior categories, 10,672