Maritime Communications, 60102-60106 [E6-16832]
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Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Proposed Rules
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This proposed rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 28, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E6–16931 Filed 10–11–06; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 80
[WT Docket No. 04–344; FCC 06–108]
Maritime Communications
Federal Communications
Commission.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission) requests additional
comment on issues pertaining to
maritime Automatic Identification
Systems (AIS). AIS is an important tool
for enhancing maritime safety and
homeland security. Having determined
in the Report and Order in this
proceeding that VHF maritime Channels
87B and 88B should be allocated for
exclusive AIS use, in keeping with the
international allocation of those
channels for AIS, the Commission now
seeks comment on whether the
designation of those channels for ASIS
should be effective throughout the
Nation or, as the Commission initially
proposed, only in the nine maritime
VHF public coast (VPC) service areas
(VPCSAs). The Commission asks
commenters to consider, in this regard,
the United States Coast Guard’s plans to
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develop satellite AIS tracking
capabilities. Second, the Commission
requests comment on equipment
standards and other issues pertaining to
AIS base stations. Finally, the
Commission requests comment on a
proposed standard for authorizing Class
B AIS devices.
DATES: Submit comments on or before
November 13, 2006, and reply
comments are due on or before
November 27, 2006.
ADDRESSES: You may submit comments,
identified by WT Docket No. 04–344;
FCC 06–108, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Public Safety and Critical Infrastructure
Division, Wireless Telecommunications
Bureau, (202) 418–0680, or TTY (202)
418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Further
Notice of Proposed Rulemaking
(FNPRM) in WT Docket No. 04–344,
FCC 06–108, adopted on July 20, 2006,
and released on July 24, 2006. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. The Commission tentatively
concluded in the Notice of Proposed
Rule Making in this proceeding (AIS
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NPRM) that Channel 87B should be
designated for exclusive AIS use only in
the nine maritime VPCSAs. The
National Telecommunications and
Information Administration (NTIA) and
other commenters disagree, arguing that
the designation of Channel 87B for AIS
should apply throughout the Nation,
including the inland VPCSAs as well as
the maritime VPCSAs. Although the
proponents of a nationwide designation
offer several considerations in support
of their position, NTIA and ORBCOMM,
Inc. have emphasized that satellite AIS
capabilities may be developed, and that
the effectiveness of satellite AIS
depends to a great deal on the
establishment of a truly nationwide AIS
channel designation. The possibility of
satellite AIS was not discussed in the
AIS NPRM, however, and was not
introduced into the record of this
proceeding until NTIA filed comments,
and ORBCOMM, Inc. reply comments,
addressing the issue. The Commission
therefore believes that it would be
beneficial to obtain further information
regarding satellite AIS before deciding
this important and complex issue. The
Commission requests, in particular, that
interested parties provide technical and
operational information regarding
satellite AIS, including its susceptibility
to interference from terrestrial stations,
and discuss the public interest costs and
benefits of satellite AIS. Commenters
should also address whether satellite
AIS can function adequately without a
nationwide designation of Channel 87B
for AIS.
2. In addition to providing
information specifically with respect to
satellite AIS, interested parties are again
invited to address the larger issue of
whether the designation of Channel 87B
for AIS should be limited to the
maritime VPCSAs or should cover the
entire Nation, whether or not satellite
AIS proves feasible. The Commission
would especially welcome input on this
issue from licensees of inland VPCSAs.
In addition, the Commission requests
further comment on the potential
benefits of terrestrial AIS in inland
areas. The Commission also requests
that commenters provide more
information on the extent to which
vessels on navigable waterways in the
inland VPCSAs may benefit from AIS on
the one hand, and VPC services,
including maritime public
correspondence services, on the other.
3. As the Commission noted in the
AIS NPRM, two duplex channels in each
inland VPCSA are set aside for public
safety use. These channels are
designated for interoperability
operations in the inland VPCSAs. The
Commission’s Universal Licensing
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System database indicates that only two
public safety entities are licensed for
these channels. The Commission has
designated other spectrum in the VHF
and other bands, for interoperability
operations. The Commission therefore
seeks comment on whether, in the event
it designates Channel 87B for exclusive
AIS use nationwide, it would be
appropriate to redesignate any of these
set-aside channels for VPC use in order
to avoid a negative impact on inland
VPCSA licensees.
4. NTIA observes that the
International Electrotechnical
Commission (IEC) is in the process of
developing AIS base station equipment
standards, and says that the
Commission should address issues
concerning the authorization,
coordination, and operation of AIS base
stations. The Commission agrees, and
does not believe it necessary to defer
requesting comment on these questions
until the IEC completes its work.
Requesting comment at this stage will
permit the Commission to more
expeditiously amend its rules following
the development of the IEC standards,
either to incorporate the IEC standards,
promulgate different standards, or take
other appropriate action. In addition, it
may be possible to crystallize some of
the relevant issues even before the IEC
publishes its AIS base station standards.
The Commission accordingly requests
comment on standards and procedures
for authorizing AIS base station
equipment. The Commission also
requests comment on what, if any, rules
it should adopt for the licensing and use
of AIS base stations, including, for
example, license eligibility criteria, an
appropriate license term, and whether
AIS base station licenses should be
assignable. With respect to operational
issues, commenters should address, for
example, limits on permissible
communications, and whether AIS base
stations should be permitted to operate
on a for-profit basis.
5. NTIA notes that low-cost, Class B
AIS devices are being developed for
vessels not covered by a mandatory
carriage requirement under the
International Convention for the Safety
of Life at Sea. Class B AIS devices are
intended to provide a less expensive
alternative to Class A AIS equipment,
while still providing vessel information
critical to maritime safety and security.
In standardizing AIS, the ITU
Radiocommunications Sector
Recommendation 1371–1, ‘‘Technical
characteristics for a universal shipborne
Automatic Identification System (AIS)
using SOTDMA (Self-Organizing Time
Division).’’
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6. ‘‘Multiple Access in the VHF
maritime mobile band,’’ provides for a
Class B AIS device. The Commission
notes, moreover, that the IEC recently
adopted and published an international
standard, IEC 62287–1, that sets forth
requirements and test procedures for
Class B AIS equipment. During the
development of this Class B AIS
standard, concerns arose regarding the
potential impact on the operation of the
AIS network from widespread
deployment of Class B AIS devices that
are not compatible with the Class A
devices used on SOLAS ships, AIS base
stations, and AIS-equipped Aids to
Navigation. To resolve these concerns, a
network access technology was
developed that allows large numbers of
Class B-fitted vessels to coexist with
Class A-fitted vessels with negligible
detrimental effect on the AIS network.
This new technology, known as Carrier
Sense TDMA (CS or CSTDMA), requires
that the Class B CS AIS device ‘‘listen’’
to the AIS network, and then determine
that the network is free of competing
traffic before transmitting. This ‘‘polite’’
operation of Class B CS AIS devices
minimizes the probability of their
causing interference to Class A devices
and other AIS network operations.
7. The Commission believes that
accommodating Class B devices under
its rules will advance the goal of
ensuring that AIS is deployed widely,
quickly, reliably, cost-effectively, and in
a manner that will maximize its
capabilities. Class B AIS devices can
significantly enhance the overall
effectiveness of AIS at a low cost. In
addition, the IEC 62287–1 international
standard appears to adequately protect
the overall AIS network. The
Commission tentatively concludes,
therefore, that it should amend its part
80 rules to incorporate by reference the
IEC 62287–1 standard and provide for
the certification of Class B AIS
equipment that complies with that
standard. The Commission believes this
action will promote the domestic public
interest by facilitating the sale,
installation and use of internationally
interoperable Class B AIS devices in the
United States. It invites comment on
this proposal generally, and, more
specifically, on the merits of proposed
new § 80.231.
8. In addition, the Commission
requests comment on the measures, if
any, that it might take to ensure the
accuracy of AIS data transmitted via
Class B AIS devices. Class B AIS devices
broadcast such user-programmed
information as Maritime Mobile Service
Identity (MMSI) number, vessel name,
vessel type, call sign and dimension of
the ship and reference point for reported
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position. They also broadcast such
dynamic information as true heading,
speed over ground and course over
ground. Ships, vessel traffic systems and
others often make navigation decisions
based upon the accuracy of the
information received. The Commission
seeks comments regarding means which
could be employed to ensure that userprogrammed as well as dynamic data on
AIS units used on non-compulsory
ships is accurate.
I. Procedural Matters
A. Ex Parte Rules—Permit-But-Disclose
Proceeding
9. This is a permit-but-disclose notice
and comment rulemaking proceeding.
Ex parte presentations are permitted,
except during the Sunshine Agenda
period, provided they are disclosed as
provided in the Commission’s rules.
B. Comment Dates
10. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments on or before November 13,
2006 and reply comments on or before
November 27, 2006. All filings related to
this Further Notice of Proposed Rule
Making should refer to WT Docket No.
04–344.
11. Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS), the Federal
Government’s eRulemaking Portal, or by
filing paper copies. See Electronic Filing
of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
12. Comments may be filed
electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
provided on the Web site for submitting
comments.
13. For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
instructions, filers should send an email to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
14. Parties who choose to file by
paper must file an original and four
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copies of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
15. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
16. The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
17. Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
18. U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street, SW.,
Washington DC 20554.
19. All filings must be addressed to
the Commission’s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
Parties shall also serve one copy with
the Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300,
or via e-mail to fcc@bcpiweb.com.
20. Availability of documents. The
public may view the documents filed in
this proceeding during regular business
hours in the FCC Reference Information
Center, Federal Communications
Commission, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554,
and on the Commission’s Internet Home
Page: https://www.fcc.gov. Copies of
comments and reply comments are also
available through the Commission’s
duplicating contractor: Best Copy and
Printing, Inc. (BCPI), Portals II, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160, or via e-mail at the
following e-mail address: https://
www.bcpiweb.com. To request materials
in accessible formats for people with
disabilities (braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
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Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
C. Paperwork Reduction Act
21. The action contained herein has
been analyzed with respect to the
Paperwork Reduction Act of 1995 (PRA)
and found to impose no new or
modified reporting or recordkeeping
requirements or burdens to the public,
including businesses with fewer than 25
employees.
22. Specifically, in the FNPRM, the
Commission proposes to establish
requirements for the certification of
Class B AIS devices. If adopted, the
proposed rule would require, among
other things, that applicants for
certification submit specified
information, including copies of test
reports and test data, to the United
States Coast Guard prior to filing their
applications with the Commission, and
that they include with their applications
to the Commission copies of letters from
the United States Coast Guard stating
that the device in question satisfies all
of the requirements of the pertinent
international standard, IEC 62287–1,
‘‘Maritime navigation and radio
communication equipment and
systems—Class B shipborne equipment
of the automatic identification system—
Part 1: Carrier-sense time division
multiple access (CSTDMA) techniques,’’
2006 (IEC 62287–1). The Commission
does not believe that the requirement to
submit this information would impose a
significant increased administrative
burden on businesses with fewer than
25 employees, primarily because such
businesses would need to submit the
same or similar information in order to
obtain certification for Class B AIS
devices under international
requirements. By incorporating the
international standard into the
Commission’s rules, rather than
establishing a different standard, the
Commission’s proposed rule would
avoid subjecting businesses to disparate
equipment certification requirements for
Class B AIS devices. In addition,
whatever burden the Commission’s
proposed rule might impose on
businesses with fewer than 25
employees is more than justified by the
underlying purpose of the rule, which to
ensure that Class B devices operate
effectively and safely, and are
interoperable with other AIS devices.
Given the important role AIS is to play
in promoting homeland security and
maritime safety, the public interest in
establishing rules for the certification of
Class B AIS devices outweighs the
minimal burden it might impose on
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businesses with fewer than 25
employees.
II. Supplemental Initial Regulatory
Flexibility Analysis
23. As required by the Regulatory
Flexibility Act (RFA) as amended, the
Commission has prepared this present
supplemental Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities of
the policies and rules proposed in this
Further Notice of Proposed Rule Making
in WT Docket No. 04–344 (FNPRM).
Written public comments are requested
on this IRFA. Comments must be
identified as responses to the IRFA and
must be filed by the deadlines for
comments on the FNPRM as provided in
paragraph 74 of the item. The
Commission will send a copy of the
FNPRM, including the IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration. In addition,
the FNPRM and IRFA (or summaries
thereof) will be published in the Federal
Register.
Need for, and Objectives of, the
Proposed Rules
24. In the FNPRM, the Commission
contemplates rules changes involving
three issues. First, with the objective of
ensuring that AIS operations are
implemented in an effective and
efficient manner without imposing
unnecessary restrictions on a VPC
operations, the Commission requests
comment as to whether there is a need
to revisit the issue of the appropriate
geographic scope of the AIS set-aside,
i.e., whether it should be nationwide or
limited to the nine maritime VPCSAs.
The Commission seeks comment, in
particular, on whether and how the
potential development of satellite AIS
should weigh in that decision. Second,
with the objective of ensuring that AIS
base stations operate in a manner
consonant with the overall goals and
purposes of AIS, the Commission
requests comment on equipment
certification, licensing, and other issues
pertaining to AIS base stations. The
Commission notes, in this regard, that
AIS base stations are a critical
component of the AIS network, and that
there is an apparent need for some
regulation of AIS base stations just as
there is a need for some regulation of
AIS ship stations. Finally, with the
objective of accommodating Class B as
well as Class A AIS devices, the
Commission requests comment on the
Commission’s proposal to incorporate
by reference IEC 62287–1, ‘‘Maritime
navigation and radio communication
equipment and systems—Class B
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shipborne equipment of the automatic
identification system—Part 1: Carriersense time division multiple access
(CSTDMA) techniques,’’ 2006 (IEC
62287–1), as the standard for certifying
Class B AIS devices under part 80 of the
Commission’s rules.
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Legal Basis for Proposed Rules
25. The proposed action is authorized
under sections 1, 4(i), 302, 303(f) and
(r), and 332 of the Communications Act
of 1934, as amended, 47 U.S.C. 1, 154(i),
302, 303(f) and (r), and 332.
Description and Estimate of the Number
of Small Entities To Which the Proposed
Rules Will Apply
26. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act.. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
27. Small businesses in the aviation
and marine radio services use a very
high frequency (VHF) marine or aircraft
radio and, as appropriate, an emergency
position-indicating radio beacon (and/or
radar) or an emergency locator
transmitter. The Commission has not
developed a small business size
standard specifically applicable to these
small businesses. For purposes of this
analysis, the Commission uses the SBA
small business size standard for the
category ‘‘Cellular and Other Wireless
Telecommunications,’’ which is 1,500
or fewer employees. Between December
3, 1998 and December 14, 1998, the
Commission held an auction of 42 VHF
Public Coast (VPC) licenses in the
157.1875–157.4500 MHz (ship transmit)
and 161.775–162.0125 MHz (coast
transmit) bands. For purposes of the
auction, the Commission defined a
‘‘small’’ business as an entity that,
together with controlling interests and
affiliates, has average gross revenues for
the preceding three years not to exceed
fifteen million dollars. In addition, a
‘‘very small’’ business is one that,
together with controlling interests and
affiliates, has average gross revenues for
the preceding three years not to exceed
three million dollars. There are
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approximately 10,672 licensees in the
Marine Coast Service, and the
Commission estimates that almost all of
them qualify as ‘‘small’’ businesses
under the above special small business
size standards.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
28. There are no projected reporting,
recordkeeping or other compliance
requirements.
Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
29. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance rather than design
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.’’
30. In the FNPRM, the Commission
asks that interested parties, and in
particular inland VPCSA licensees,
provide information on the potential
impact on inland VPCSA licensees of
designating Channel 87B for AIS use
exclusively throughout the Nation. To
the extent that commenters foresee such
an impact, they are invited to suggest
alternatives that would minimize or
eliminate any adverse effect on small
entities. For example, commenters may
suggest that inland VPCSA licensees be
accorded treatment similar to that
which we are providing to site-based
incumbent licensees, permitting them to
continue to operate on Channel 87B on
a shared basis with AIS for the
remainder of their current license terms,
but with no opportunity for renewal of
the licenses. Commenters may also
address the possibility of migrating such
licensees to different channels if such
were available.
31. In the FNPRM, the Commission
also invites comment on rules to govern
AIS base stations, including certification
standards for AIS base station
equipment. In the absence of specific
proposals, we invite interested parties to
consider generally whether any special
measures should be adopted in the AIS
base station rules to prevent a
significant adverse impact on small
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entities. Parties providing such
comments should also address the
extent to which they believe small
entities may seek to become AIS base
station licensees.
32. Finally, the Commission requests
comment in the FNPRM on its proposal
to incorporate by reference IEC 62287–
1, ‘‘Maritime navigation and radio
communication equipment and
systems—Class B shipborne equipment
of the automatic identification system—
Part 1: Carrier-sense time division
multiple access (CSTDMA) techniques,’’
2006 (IEC 62287–1), as the standard for
certifying Class B AIS devices under
part 80 of the Commission’s rules. The
Commission believes that incorporating
by reference the international standard
for Class B AIS devices will reduce costs
to manufacturers by eliminating the
possible need to design devices to two
potentially conflicting standards, and
will reduce costs to users of the devices
both from a pass-through of
manufacturers’ cost savings and by
eliminating the possible need to fit their
vessels with more than one Class B AIS
device if they travel outside U.S.
territorial waters, i.e., removing the
need to carry one Class B AIS device to
function within U.S. territorial waters,
and another Class B AIS device to
function in international waters or other
nations’ territorial waters. The
Commission notes, in addition, that
Class B AIS devices are intended
generally for use on vessels that are not
required by law to carry AIS devices.
Since carriage of Class B AIS devices is
voluntary, the establishment of
standards for certifying such devices
should not impose a new compliance
burden on vessel operators. However, to
the extent that any commenters believe
that he establishment of equipment
certification standards for Class B AIS
devices may impose a significant new
compliance burden on any small
entities, the Commission invites them to
suggest alternative or complementary
approaches that may reduce or
eliminate that burden, including, but
not limited to, the establishment of less
rigorous standards, or the provision of
exemptions or grandfathering protection
for small entities.
Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
33. None.
III. Ordering Clauses
34. Pursuant to Sections 4(i), 303(r),
and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
303(r) and 403, this Further Notice of
Proposed Rule Making is adopted.
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60106
Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Proposed Rules
35. It is further ordered that pursuant
to the applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
Rules, 47 CFR 1.415, 1.419, interested
parties may file comments on the
Further Notice of Proposed Rulemaking
on or before November 13, 2006 and
reply comments on or before November
27, 2006.
36. It is further ordered that the
Commission’s Consumer Information
Bureau, Reference Information Center,
shall send a copy of the Further Notice
of Proposed Rulemaking and the IRFA,
to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 80
Communications, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 80 as follows:
PART 80—STATIONS IN THE
MARITIME SERVICES
1. The authority citation for part 80
continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and
332, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat.
1064–1068, 1081–1105, as amended; 47
U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST
4726, 12 UST 2377.
2. Section 80.231 is added to read as
follows:
§ 80.231 Technical Requirements for Class
B Automatic Identification System (AIS)
equipment.
rwilkins on PROD1PC63 with PROPOSAL
(a) Class B Automatic Identification
System (AIS) equipment must meet the
technical requirements of the
VerDate Aug<31>2005
18:04 Oct 11, 2006
Jkt 211001
International Electrotechnical
Commission (IEC) 62287–1 International
Standard, ‘‘Maritime navigation and
radio communication equipment and
systems—Class B shipborne equipment
of the Automatic Identification
System—Part 1: Carrier -sense time
division multiple access (CSTDMA)
techniques,’’ 2006. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of these standards
can be inspected at the Federal
Communications Commission, 445 12th
Street, SW., Washington, DC (Reference
Information Center) or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030 or, go to:
https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. IEC publications can
be purchased from the International
Electro-technical Commission, 3 Rue de
Varembe, CH–1211 Geneva 20,
Switzerland, or from the American
National Standards Institute (ANSI), 25
West 43rd Street, New York, NY 10036,
telephone (212) 642–4900.
(b) Prior to submitting a certification
application for a Class B AIS device, the
following information must be
submitted in duplicate to the
Commandant (G–PSE), U.S. Coast
Guard, 2100 2nd Street, SW.,
Washington, DC 20593–0001:
(1) The name of the manufacturer or
grantee and the model number of the
AIS device;
(2) Copies of the test report and test
data obtained from the test facility
showing that the device complies with
the environmental and operational
requirements identified in IEC 62287–1.
(c) After reviewing the information
described in paragraph (b) of this
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
section, the U.S. Coast Guard will issue
a letter stating whether the AIS device
satisfies all of the requirements
specified in IEC 62287–1.
(d) A certification application for an
AIS device submitted to the
Commission must contain a copy of the
U.S. Coast Guard letter stating that the
device satisfies all of the requirements
specified in IEC 62287–1, a copy of the
technical test data, and the instruction
manual(s).
3. Section 80.275 is amended by
revising the section heading and
paragraph (a) introductory text to read
as follows:
§ 80.275 Technical Requirements for Class
A Automatic Identification System (AIS)
equipment.
(a) Prior to submitting a certification
application for a Class A AIS device, the
following information must be
submitted in duplicate to the
Commandant (G–MSE), U.S. Coast
Guard, 2100 2nd Street, SW.,
Washington DC 20593–0001:
*
*
*
*
*
4. Section 80.1101 is amended by
adding paragraph (c)(12)(vi) to read as
follows:
§ 80.1101
Performance standards.
(c) * * *
(12) * * *
(vi) with respect to Class B AIS
devices only, IEC 62287–1 International
Standard, ‘‘Maritime navigation and
radio communication equipment and
systems—Class B shipborne equipment
of the Automatic Identification
System—Part 1: Carrier—sense time
division multiple access (CSTDMA)
techniques,’’ 2006.
*
*
*
*
*
[FR Doc. E6–16832 Filed 10–11–06; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Proposed Rules]
[Pages 60102-60106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16832]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80
[WT Docket No. 04-344; FCC 06-108]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) requests additional comment on issues pertaining to
maritime Automatic Identification Systems (AIS). AIS is an important
tool for enhancing maritime safety and homeland security. Having
determined in the Report and Order in this proceeding that VHF maritime
Channels 87B and 88B should be allocated for exclusive AIS use, in
keeping with the international allocation of those channels for AIS,
the Commission now seeks comment on whether the designation of those
channels for ASIS should be effective throughout the Nation or, as the
Commission initially proposed, only in the nine maritime VHF public
coast (VPC) service areas (VPCSAs). The Commission asks commenters to
consider, in this regard, the United States Coast Guard's plans to
develop satellite AIS tracking capabilities. Second, the Commission
requests comment on equipment standards and other issues pertaining to
AIS base stations. Finally, the Commission requests comment on a
proposed standard for authorizing Class B AIS devices.
DATES: Submit comments on or before November 13, 2006, and reply
comments are due on or before November 27, 2006.
ADDRESSES: You may submit comments, identified by WT Docket No. 04-344;
FCC 06-108, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Further Notice of Proposed Rulemaking
(FNPRM) in WT Docket No. 04-344, FCC 06-108, adopted on July 20, 2006,
and released on July 24, 2006. The full text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554.
The complete text may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room
CY-B402, Washington, DC 20554. The full text may also be downloaded at:
https://www.fcc.gov. Alternative formats are available to persons with
disabilities by sending an e-mail to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
1. The Commission tentatively concluded in the Notice of Proposed
Rule Making in this proceeding (AIS NPRM) that Channel 87B should be
designated for exclusive AIS use only in the nine maritime VPCSAs. The
National Telecommunications and Information Administration (NTIA) and
other commenters disagree, arguing that the designation of Channel 87B
for AIS should apply throughout the Nation, including the inland VPCSAs
as well as the maritime VPCSAs. Although the proponents of a nationwide
designation offer several considerations in support of their position,
NTIA and ORBCOMM, Inc. have emphasized that satellite AIS capabilities
may be developed, and that the effectiveness of satellite AIS depends
to a great deal on the establishment of a truly nationwide AIS channel
designation. The possibility of satellite AIS was not discussed in the
AIS NPRM, however, and was not introduced into the record of this
proceeding until NTIA filed comments, and ORBCOMM, Inc. reply comments,
addressing the issue. The Commission therefore believes that it would
be beneficial to obtain further information regarding satellite AIS
before deciding this important and complex issue. The Commission
requests, in particular, that interested parties provide technical and
operational information regarding satellite AIS, including its
susceptibility to interference from terrestrial stations, and discuss
the public interest costs and benefits of satellite AIS. Commenters
should also address whether satellite AIS can function adequately
without a nationwide designation of Channel 87B for AIS.
2. In addition to providing information specifically with respect
to satellite AIS, interested parties are again invited to address the
larger issue of whether the designation of Channel 87B for AIS should
be limited to the maritime VPCSAs or should cover the entire Nation,
whether or not satellite AIS proves feasible. The Commission would
especially welcome input on this issue from licensees of inland VPCSAs.
In addition, the Commission requests further comment on the potential
benefits of terrestrial AIS in inland areas. The Commission also
requests that commenters provide more information on the extent to
which vessels on navigable waterways in the inland VPCSAs may benefit
from AIS on the one hand, and VPC services, including maritime public
correspondence services, on the other.
3. As the Commission noted in the AIS NPRM, two duplex channels in
each inland VPCSA are set aside for public safety use. These channels
are designated for interoperability operations in the inland VPCSAs.
The Commission's Universal Licensing
[[Page 60103]]
System database indicates that only two public safety entities are
licensed for these channels. The Commission has designated other
spectrum in the VHF and other bands, for interoperability operations.
The Commission therefore seeks comment on whether, in the event it
designates Channel 87B for exclusive AIS use nationwide, it would be
appropriate to redesignate any of these set-aside channels for VPC use
in order to avoid a negative impact on inland VPCSA licensees.
4. NTIA observes that the International Electrotechnical Commission
(IEC) is in the process of developing AIS base station equipment
standards, and says that the Commission should address issues
concerning the authorization, coordination, and operation of AIS base
stations. The Commission agrees, and does not believe it necessary to
defer requesting comment on these questions until the IEC completes its
work. Requesting comment at this stage will permit the Commission to
more expeditiously amend its rules following the development of the IEC
standards, either to incorporate the IEC standards, promulgate
different standards, or take other appropriate action. In addition, it
may be possible to crystallize some of the relevant issues even before
the IEC publishes its AIS base station standards. The Commission
accordingly requests comment on standards and procedures for
authorizing AIS base station equipment. The Commission also requests
comment on what, if any, rules it should adopt for the licensing and
use of AIS base stations, including, for example, license eligibility
criteria, an appropriate license term, and whether AIS base station
licenses should be assignable. With respect to operational issues,
commenters should address, for example, limits on permissible
communications, and whether AIS base stations should be permitted to
operate on a for-profit basis.
5. NTIA notes that low-cost, Class B AIS devices are being
developed for vessels not covered by a mandatory carriage requirement
under the International Convention for the Safety of Life at Sea. Class
B AIS devices are intended to provide a less expensive alternative to
Class A AIS equipment, while still providing vessel information
critical to maritime safety and security. In standardizing AIS, the ITU
Radiocommunications Sector Recommendation 1371-1, ``Technical
characteristics for a universal shipborne Automatic Identification
System (AIS) using SOTDMA (Self-Organizing Time Division).''
6. ``Multiple Access in the VHF maritime mobile band,'' provides
for a Class B AIS device. The Commission notes, moreover, that the IEC
recently adopted and published an international standard, IEC 62287-1,
that sets forth requirements and test procedures for Class B AIS
equipment. During the development of this Class B AIS standard,
concerns arose regarding the potential impact on the operation of the
AIS network from widespread deployment of Class B AIS devices that are
not compatible with the Class A devices used on SOLAS ships, AIS base
stations, and AIS-equipped Aids to Navigation. To resolve these
concerns, a network access technology was developed that allows large
numbers of Class B-fitted vessels to coexist with Class A-fitted
vessels with negligible detrimental effect on the AIS network. This new
technology, known as Carrier Sense TDMA (CS or CSTDMA), requires that
the Class B CS AIS device ``listen'' to the AIS network, and then
determine that the network is free of competing traffic before
transmitting. This ``polite'' operation of Class B CS AIS devices
minimizes the probability of their causing interference to Class A
devices and other AIS network operations.
7. The Commission believes that accommodating Class B devices under
its rules will advance the goal of ensuring that AIS is deployed
widely, quickly, reliably, cost-effectively, and in a manner that will
maximize its capabilities. Class B AIS devices can significantly
enhance the overall effectiveness of AIS at a low cost. In addition,
the IEC 62287-1 international standard appears to adequately protect
the overall AIS network. The Commission tentatively concludes,
therefore, that it should amend its part 80 rules to incorporate by
reference the IEC 62287-1 standard and provide for the certification of
Class B AIS equipment that complies with that standard. The Commission
believes this action will promote the domestic public interest by
facilitating the sale, installation and use of internationally
interoperable Class B AIS devices in the United States. It invites
comment on this proposal generally, and, more specifically, on the
merits of proposed new Sec. 80.231.
8. In addition, the Commission requests comment on the measures, if
any, that it might take to ensure the accuracy of AIS data transmitted
via Class B AIS devices. Class B AIS devices broadcast such user-
programmed information as Maritime Mobile Service Identity (MMSI)
number, vessel name, vessel type, call sign and dimension of the ship
and reference point for reported position. They also broadcast such
dynamic information as true heading, speed over ground and course over
ground. Ships, vessel traffic systems and others often make navigation
decisions based upon the accuracy of the information received. The
Commission seeks comments regarding means which could be employed to
ensure that user-programmed as well as dynamic data on AIS units used
on non-compulsory ships is accurate.
I. Procedural Matters
A. Ex Parte Rules--Permit-But-Disclose Proceeding
9. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules.
B. Comment Dates
10. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before November 13, 2006 and reply comments on or before November 27,
2006. All filings related to this Further Notice of Proposed Rule
Making should refer to WT Docket No. 04-344.
11. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS), the Federal Government's eRulemaking Portal, or
by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
12. Comments may be filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal
eRulemaking Portal: https://www.regulations.gov. Filers should follow
the instructions provided on the Web site for submitting comments.
13. For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
14. Parties who choose to file by paper must file an original and
four
[[Page 60104]]
copies of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, filers must submit two
additional copies for each additional docket or rulemaking number.
15. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
16. The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
17. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
18. U.S. Postal Service first-class, Express, and Priority mail
should be addressed to 445 12th Street, SW., Washington DC 20554.
19. All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall
also serve one copy with the Commission's copy contractor, Best Copy
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
fcc@bcpiweb.com.
20. Availability of documents. The public may view the documents
filed in this proceeding during regular business hours in the FCC
Reference Information Center, Federal Communications Commission, 445
12th Street, SW., Room CY-A257, Washington, DC 20554, and on the
Commission's Internet Home Page: https://www.fcc.gov. Copies of comments
and reply comments are also available through the Commission's
duplicating contractor: Best Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone
1-800-378-3160, or via e-mail at the following e-mail address: https://
www.bcpiweb.com. To request materials in accessible formats for people
with disabilities (braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
C. Paperwork Reduction Act
21. The action contained herein has been analyzed with respect to
the Paperwork Reduction Act of 1995 (PRA) and found to impose no new or
modified reporting or recordkeeping requirements or burdens to the
public, including businesses with fewer than 25 employees.
22. Specifically, in the FNPRM, the Commission proposes to
establish requirements for the certification of Class B AIS devices. If
adopted, the proposed rule would require, among other things, that
applicants for certification submit specified information, including
copies of test reports and test data, to the United States Coast Guard
prior to filing their applications with the Commission, and that they
include with their applications to the Commission copies of letters
from the United States Coast Guard stating that the device in question
satisfies all of the requirements of the pertinent international
standard, IEC 62287-1, ``Maritime navigation and radio communication
equipment and systems--Class B shipborne equipment of the automatic
identification system--Part 1: Carrier-sense time division multiple
access (CSTDMA) techniques,'' 2006 (IEC 62287-1). The Commission does
not believe that the requirement to submit this information would
impose a significant increased administrative burden on businesses with
fewer than 25 employees, primarily because such businesses would need
to submit the same or similar information in order to obtain
certification for Class B AIS devices under international requirements.
By incorporating the international standard into the Commission's
rules, rather than establishing a different standard, the Commission's
proposed rule would avoid subjecting businesses to disparate equipment
certification requirements for Class B AIS devices. In addition,
whatever burden the Commission's proposed rule might impose on
businesses with fewer than 25 employees is more than justified by the
underlying purpose of the rule, which to ensure that Class B devices
operate effectively and safely, and are interoperable with other AIS
devices. Given the important role AIS is to play in promoting homeland
security and maritime safety, the public interest in establishing rules
for the certification of Class B AIS devices outweighs the minimal
burden it might impose on businesses with fewer than 25 employees.
II. Supplemental Initial Regulatory Flexibility Analysis
23. As required by the Regulatory Flexibility Act (RFA) as amended,
the Commission has prepared this present supplemental Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities of the
policies and rules proposed in this Further Notice of Proposed Rule
Making in WT Docket No. 04-344 (FNPRM). Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments on the FNPRM as
provided in paragraph 74 of the item. The Commission will send a copy
of the FNPRM, including the IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration. In addition, the FNPRM and IRFA (or
summaries thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
24. In the FNPRM, the Commission contemplates rules changes
involving three issues. First, with the objective of ensuring that AIS
operations are implemented in an effective and efficient manner without
imposing unnecessary restrictions on a VPC operations, the Commission
requests comment as to whether there is a need to revisit the issue of
the appropriate geographic scope of the AIS set-aside, i.e., whether it
should be nationwide or limited to the nine maritime VPCSAs. The
Commission seeks comment, in particular, on whether and how the
potential development of satellite AIS should weigh in that decision.
Second, with the objective of ensuring that AIS base stations operate
in a manner consonant with the overall goals and purposes of AIS, the
Commission requests comment on equipment certification, licensing, and
other issues pertaining to AIS base stations. The Commission notes, in
this regard, that AIS base stations are a critical component of the AIS
network, and that there is an apparent need for some regulation of AIS
base stations just as there is a need for some regulation of AIS ship
stations. Finally, with the objective of accommodating Class B as well
as Class A AIS devices, the Commission requests comment on the
Commission's proposal to incorporate by reference IEC 62287-1,
``Maritime navigation and radio communication equipment and systems--
Class B
[[Page 60105]]
shipborne equipment of the automatic identification system--Part 1:
Carrier-sense time division multiple access (CSTDMA) techniques,'' 2006
(IEC 62287-1), as the standard for certifying Class B AIS devices under
part 80 of the Commission's rules.
Legal Basis for Proposed Rules
25. The proposed action is authorized under sections 1, 4(i), 302,
303(f) and (r), and 332 of the Communications Act of 1934, as amended,
47 U.S.C. 1, 154(i), 302, 303(f) and (r), and 332.
Description and Estimate of the Number of Small Entities To Which the
Proposed Rules Will Apply
26. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act.. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
27. Small businesses in the aviation and marine radio services use
a very high frequency (VHF) marine or aircraft radio and, as
appropriate, an emergency position-indicating radio beacon (and/or
radar) or an emergency locator transmitter. The Commission has not
developed a small business size standard specifically applicable to
these small businesses. For purposes of this analysis, the Commission
uses the SBA small business size standard for the category ``Cellular
and Other Wireless Telecommunications,'' which is 1,500 or fewer
employees. Between December 3, 1998 and December 14, 1998, the
Commission held an auction of 42 VHF Public Coast (VPC) licenses in the
157.1875-157.4500 MHz (ship transmit) and 161.775-162.0125 MHz (coast
transmit) bands. For purposes of the auction, the Commission defined a
``small'' business as an entity that, together with controlling
interests and affiliates, has average gross revenues for the preceding
three years not to exceed fifteen million dollars. In addition, a
``very small'' business is one that, together with controlling
interests and affiliates, has average gross revenues for the preceding
three years not to exceed three million dollars. There are
approximately 10,672 licensees in the Marine Coast Service, and the
Commission estimates that almost all of them qualify as ``small''
businesses under the above special small business size standards.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
28. There are no projected reporting, recordkeeping or other
compliance requirements.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
29. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance rather than design standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.''
30. In the FNPRM, the Commission asks that interested parties, and
in particular inland VPCSA licensees, provide information on the
potential impact on inland VPCSA licensees of designating Channel 87B
for AIS use exclusively throughout the Nation. To the extent that
commenters foresee such an impact, they are invited to suggest
alternatives that would minimize or eliminate any adverse effect on
small entities. For example, commenters may suggest that inland VPCSA
licensees be accorded treatment similar to that which we are providing
to site-based incumbent licensees, permitting them to continue to
operate on Channel 87B on a shared basis with AIS for the remainder of
their current license terms, but with no opportunity for renewal of the
licenses. Commenters may also address the possibility of migrating such
licensees to different channels if such were available.
31. In the FNPRM, the Commission also invites comment on rules to
govern AIS base stations, including certification standards for AIS
base station equipment. In the absence of specific proposals, we invite
interested parties to consider generally whether any special measures
should be adopted in the AIS base station rules to prevent a
significant adverse impact on small entities. Parties providing such
comments should also address the extent to which they believe small
entities may seek to become AIS base station licensees.
32. Finally, the Commission requests comment in the FNPRM on its
proposal to incorporate by reference IEC 62287-1, ``Maritime navigation
and radio communication equipment and systems--Class B shipborne
equipment of the automatic identification system--Part 1: Carrier-sense
time division multiple access (CSTDMA) techniques,'' 2006 (IEC 62287-
1), as the standard for certifying Class B AIS devices under part 80 of
the Commission's rules. The Commission believes that incorporating by
reference the international standard for Class B AIS devices will
reduce costs to manufacturers by eliminating the possible need to
design devices to two potentially conflicting standards, and will
reduce costs to users of the devices both from a pass-through of
manufacturers' cost savings and by eliminating the possible need to fit
their vessels with more than one Class B AIS device if they travel
outside U.S. territorial waters, i.e., removing the need to carry one
Class B AIS device to function within U.S. territorial waters, and
another Class B AIS device to function in international waters or other
nations' territorial waters. The Commission notes, in addition, that
Class B AIS devices are intended generally for use on vessels that are
not required by law to carry AIS devices. Since carriage of Class B AIS
devices is voluntary, the establishment of standards for certifying
such devices should not impose a new compliance burden on vessel
operators. However, to the extent that any commenters believe that he
establishment of equipment certification standards for Class B AIS
devices may impose a significant new compliance burden on any small
entities, the Commission invites them to suggest alternative or
complementary approaches that may reduce or eliminate that burden,
including, but not limited to, the establishment of less rigorous
standards, or the provision of exemptions or grandfathering protection
for small entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
33. None.
III. Ordering Clauses
34. Pursuant to Sections 4(i), 303(r), and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r) and
403, this Further Notice of Proposed Rule Making is adopted.
[[Page 60106]]
35. It is further ordered that pursuant to the applicable
procedures set forth in Sec. Sec. 1.415 and 1.419 of the Commission's
Rules, 47 CFR 1.415, 1.419, interested parties may file comments on the
Further Notice of Proposed Rulemaking on or before November 13, 2006
and reply comments on or before November 27, 2006.
36. It is further ordered that the Commission's Consumer
Information Bureau, Reference Information Center, shall send a copy of
the Further Notice of Proposed Rulemaking and the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 80
Communications, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 80 as follows:
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
2. Section 80.231 is added to read as follows:
Sec. 80.231 Technical Requirements for Class B Automatic
Identification System (AIS) equipment.
(a) Class B Automatic Identification System (AIS) equipment must
meet the technical requirements of the International Electrotechnical
Commission (IEC) 62287-1 International Standard, ``Maritime navigation
and radio communication equipment and systems--Class B shipborne
equipment of the Automatic Identification System--Part 1: Carrier -
sense time division multiple access (CSTDMA) techniques,'' 2006. The
Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of these standards can be inspected at the Federal Communications
Commission, 445 12th Street, SW., Washington, DC (Reference Information
Center) or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or, go to: https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html. IEC publications can be
purchased from the International Electro-technical Commission, 3 Rue de
Varembe, CH-1211 Geneva 20, Switzerland, or from the American National
Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036,
telephone (212) 642-4900.
(b) Prior to submitting a certification application for a Class B
AIS device, the following information must be submitted in duplicate to
the Commandant (G-PSE), U.S. Coast Guard, 2100 2nd Street, SW.,
Washington, DC 20593-0001:
(1) The name of the manufacturer or grantee and the model number of
the AIS device;
(2) Copies of the test report and test data obtained from the test
facility showing that the device complies with the environmental and
operational requirements identified in IEC 62287-1.
(c) After reviewing the information described in paragraph (b) of
this section, the U.S. Coast Guard will issue a letter stating whether
the AIS device satisfies all of the requirements specified in IEC
62287-1.
(d) A certification application for an AIS device submitted to the
Commission must contain a copy of the U.S. Coast Guard letter stating
that the device satisfies all of the requirements specified in IEC
62287-1, a copy of the technical test data, and the instruction
manual(s).
3. Section 80.275 is amended by revising the section heading and
paragraph (a) introductory text to read as follows:
Sec. 80.275 Technical Requirements for Class A Automatic
Identification System (AIS) equipment.
(a) Prior to submitting a certification application for a Class A
AIS device, the following information must be submitted in duplicate to
the Commandant (G-MSE), U.S. Coast Guard, 2100 2nd Street, SW.,
Washington DC 20593-0001:
* * * * *
4. Section 80.1101 is amended by adding paragraph (c)(12)(vi) to
read as follows:
Sec. 80.1101 Performance standards.
(c) * * *
(12) * * *
(vi) with respect to Class B AIS devices only, IEC 62287-1
International Standard, ``Maritime navigation and radio communication
equipment and systems--Class B shipborne equipment of the Automatic
Identification System--Part 1: Carrier--sense time division multiple
access (CSTDMA) techniques,'' 2006.
* * * * *
[FR Doc. E6-16832 Filed 10-11-06; 8:45 am]
BILLING CODE 6712-01-P