Maritime Communications, 4475-4492 [E8-903]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Rules and Regulations]
[Pages 4475-4492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-903]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 13 and 80

[WT Docket No. 00-48; FCC 06-129]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) furthers its ongoing efforts to ensure that its 
rules governing the Maritime Radio Services continue to promote 
maritime safety, maximize effective and efficient use of the spectrum 
available for maritime communications, accommodate technological 
innovation, avoid unnecessary regulatory burdens, and maintain 
consistency with international maritime standards to the extent 
consistent with the United States public interest. The Commission also 
seeks in this proceeding to ensure that it regulates the Maritime Radio 
Services in a manner that advances our nation's homeland security.

DATES: This regulation is effective March 25, 2008. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of March 25, 2008.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov, 
Wireless Telecommunications Bureau, (202) 418-1617, or TTY (202) 418-
7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Memorandum Opinion and Order and Third 
Report and Order in WT Docket No. 00-48, FCC 06-129, adopted on August 
29, 2006, and released on September 8, 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 http://fcc504@fcc.gov or by 
calling the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    1. The WT Docket No. 00-48 rulemaking proceeding was established to 
develop rules for domestic implementation of the Global Maritime 
Distress and Safety System (GMDSS), a ship-to-shore and ship-to-ship 
distress communications system using satellite and digital selective 
calling (DSC) technology. The Memorandum Opinion and Order (MO&O) in WT 
Docket No. 00-48 addresses the petitions for reconsideration of the 
Report and Order in this proceeding. The Commission takes the following 
significant actions in the MO&O in WT Docket No. 00-48: (i) Clarifies 
that applicants for a GMDSS Radio Operator's License do not have to 
take an Element 1 examination if they have received a Proof of Passing 
Certificate (PPC) based on completion of a Coast Guard-approved 
training course; (ii) clarifies the requirement of ship radio station 
operators to relay distress alerts from other ships that are not 
promptly acknowledged by a coast station; (iii) removes the sunset date 
for the Channel 16 watch requirement; (iv) relieves vessels that have 
upgraded to MF-DSC equipment of the requirement to maintain a watch on 
the frequency 2182 kHz; (v) modifies the requirements for station logs; 
and (vi) permits routine calling on DSC frequencies.
    2. The Commission takes the following significant actions in the 
Third Report and Order in WT Docket No. 00-48: (i) Requires, after 
prescribed transition periods, that DSC equipment comply with the more 
rigorous technical standards recently established for such equipment by 
international bodies; (ii) adds the INMARSAT Fleet F77 ship earth 
station to the list of satellite earth stations that may be used in 
lieu of single sideband (SSB) radios by ships operating more than one 
hundred nautical miles from shore; (iii) mandates that additional 
classes of small passenger vessels carry a reserve power source to 
better ensure against loss of communications capabilities during 
distress situations; (iv) extends the license term for GMDSS Radio 
Operator's Licenses, Restricted GMDSS Radio Operator's Licenses, GMDSS 
Radio Maintainer's Licenses, GMDSS Operator/Maintainer Licenses, and 
Marine Radio Operator Permits to the lifetime of the holder; (v) 
relaxes certain rules to give both the Commission and commercial 
operator license examination (COLE) managers additional flexibility in 
administering the license examination process; (vi) adopts rules to 
regulate Ship Security Alert System (SSAS) beacons designed to operate 
with the COSPAS-SARSAT satellite system, and to authorize use of 
Inmarsat D+ equipment as an additional accommodation of SSAS 
operations; and (vii) permits the programming of channels in maritime 
radio transmitters through remote control.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    3. This document contains a modified information collection 
requirement subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It was submitted and approved by Office of 
Management and Budget (OMB) for

[[Page 4476]]

review under section 3507(d) of the PRA. OMB, the general public, and 
other Federal agencies were invited to comment on the new or modified 
information collection requirements contained in this proceeding. In 
addition, we note that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''
    4. In this present document, we have assessed the effects of 
amending Sec.  80.409(e) of the Commission's rules to reduce the types 
of distress communications that must be entered into logs by ship 
station operators, and find that this relaxation of the log-keeping 
requirement will benefit businesses with fewer than 25 employees by 
allowing such businesses that own or operate vessels to devote fewer 
resources to log-keeping. Most significantly, this reduction of an 
existing information collection requirement will permit the employee 
charged with making log entries to devote more of his or her time to 
other tasks that will enhance the navigational safety of the vessel.

B. Report to Congress

    5. The Commission sent a copy of this Memorandum Opinion and Order 
and Third Report and Order in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Second Further Notice of Proposed Rule Making at 69 
FR 64664, November 8, 2004, in this proceeding (Second FNPRM). The 
Commission sought written public comment on the proposals in the Second 
FNPRM, including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report and Order
    7. The rules adopted in the Third Report and Order are intended to 
streamline, consolidate and clarify the Commission's part 80 rules; 
remove unnecessary or duplicative requirements; address new 
international maritime requirements; promote flexibility and efficiency 
in the use of marine radio equipment; and further maritime safety. 
Specifically, in the Third Report and Order the Commission (a) requires 
that DSC equipment comply with the most recent international standards 
for such equipment; (b) adds the INMARSAT Fleet F77 earth station to 
the list of ship earth stations that may be carried in lieu of a single 
sideband radio by vessels operating more than 100 nautical miles from 
shore; (c) expands the types of small passenger vessels that are 
required to carry a reserve power supply; (d) extends the license terms 
of GMDSS Radio Operator's Licenses, Restricted GMDSS Radio Operator's 
Licenses, GMDSS Radio Maintainer Licenses, GMDSS Operator/Maintainer 
Licenses, and Marine Radio Operator Permits from five years to the 
lifetime of the holder; (e) modifies the requirement that commercial 
operator license examination (COLE) managers use only the most recent 
question pool available to the public; (f) removes regulatory language 
specifying the specific number of questions to be used for each 
examination element; (g) adopts rules authorizing COSPAS-SARSAT and 
INMARSAT D+ equipment for use in the Ship Security Alert System; (h) 
updates references to international standards; (i) makes certain on-
board frequencies available for narrowband operations; (j) permits 
remote control programming of maritime radio transmitters; (k) declines 
to eliminate limits on emission designators on non-distress 
frequencies; (l) declines to remove rules pertaining to Morse code 
radiotelegraphy; (m) declines to take action on certain proposals 
regarding frequency allotments and limitations for ship facsimile 
communications, radiotelephone public correspondence communications, 
and private maritime communications; and (n) adopts a number of non-
substantive amendments to update and clarify the maritime radio service 
rules and correct typographical errors.
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    8. No comments were submitted specifically in response to the IRFA. 
However, some commenters raised concerns about the effect that two of 
the rule changes might have on small entities. Specifically, the 
Passenger Vessel Association (PVA) and the North Pacific Marine Radio 
Council (NPMRC) expressed concern about the burden on small entities of 
being required to comply with the more rigorous international standards 
that have been developed for digital selective calling (DSC) radio 
equipment. In addition, the National Marine Charter Association (NMCA) 
and PVA expressed concern about the burden of having to carry a reserve 
power supply on small entities who own or operate small passenger 
vessels of less than 100 gross tons. We have considered the potential 
economic impact on small entities of these rules and the other rules 
discussed in the IRFA, and we have considered alternatives that would 
reduce the potential economic impact on small entities of the rules 
enacted herein, regardless of whether the potential economic impact was 
discussed in any comments.
Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply
    9. 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).
    10. Small businesses in the aviation and marine radio services use 
a marine very high frequency (VHF), medium frequency (MF), or high 
frequency (HF) radio, any type of emergency position indicating radio 
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not developed a 
definition of small entities specifically applicable to these small 
businesses. For purposes of this FRFA, therefore, the applicable 
definition of small entity is the definition under the SBA rules 
applicable to wireless telecommunications. Pursuant to this definition, 
a ``small entity'' for purposes of the ship station licensees, public 
coast station licensees, or other marine radio users that may be 
affected by these rules, is any entity employing 1,500 or fewer 
persons. 13 CFR 121.201 (NAICS Code 517212).
    11. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and

[[Page 4477]]

is not dominant in its field.'' Nationwide, as of 2002, there were 
approximately 1.6 million small organizations. The term ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' Census 
Bureau data for 2002 indicate that there were 87,525 local governmental 
jurisdictions in the United States. We estimate that, of this total, 
84,377 entities were ``small governmental jurisdictions.'' Thus, we 
estimate that most governmental jurisdictions are small.
    12. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' Under both categories, the SBA deems a wireless 
business to be small if it has 1,500 or fewer employees. For the census 
category of Paging, Census Bureau data for 2002 show that there were 
807 firms in this category that operated for the entire year. Of this 
total, 804 firms had employment of 999 or fewer employees, and three 
firms had employment of 1,000 employees or more. Thus, under this 
category and associated small business size standard, the majority of 
firms can be considered small. For the census category of Cellular and 
Other Wireless Telecommunications, Census Bureau data for 2002 show 
that there were 1,397 firms in this category that operated for the 
entire year. Of this total, 1,378 firms had employment of 999 or fewer 
employees, and 19 firms had employment of 1,000 employees or more. 
Thus, under this second category and size standard, the majority of 
firms can, again, be considered small.
    13. VHF Public Coast Stations. Some of the rules adopted herein 
affect VHF public coast station licensees. The Commission has defined 
the term ``small entity'' specifically applicable to public coast 
station licensees as any entity employing less than 1,500 persons, 
based on the definition under the Small Business Administration rules 
applicable to radiotelephone service providers. See Amendment of the 
Commission's Rules Concerning Maritime Communications, Third Report and 
Order and Memorandum Opinion and Order, 13 FCC Rcd 19853, 19893 (1998) 
(citing 13 CFR 121.201, Standard Industrial Classification (SIC) Code 
4812, now NAICS Code 513322).
    14. Marine Radio Equipment Manufacturers. Some of the rules adopted 
herein may also affect small businesses that manufacture marine radio 
equipment. The Commission has not developed a definition of small 
entities applicable to marine radio equipment manufacturers. Therefore, 
the applicable definition is that for Wireless Communications Equipment 
Manufacturers. The Census Bureau defines this category as follows: 
``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2002, there 
were a total of 1,041 establishments in this category that operated for 
the entire year. Of this total, 1,010 had employment of under 500, and 
an additional 13 had employment of 500 to 999. Thus, under this size 
standard, the majority of firms can be considered small.
    15. 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 for Small Entities
    16. In the Third Report and Order, we adopt two rule amendments 
that may affect reporting, recordkeeping and other compliance 
requirements for small entities. First, we amend Sec.  80.225 of the 
rules to require that DSC equipment comply with more rigorous technical 
standards adopted by international bodies, ITU-R Recommendation M.493-
11, ITU-R Recommendation M.541-9, and, in the case of Class D DSC radio 
equipment, IEC 62238. This rule amendment could affect small entities 
that manufacture DSC equipment or that own or operate vessels required 
to carry DSC equipment. Second, we amend Sec.  80.917 of the rules to 
extend a pre-existing requirement for carriage of a reserve power 
supply to (a) small passenger vessels of less than 100 gross tons that 
carry more than 150 passengers or have overnight accommodations for 
more than forty-nine persons, and (b) small passenger vessels of less 
than 100 gross tons that operate on the high seas or more than three 
miles from shore on Great Lakes voyages. This extension of the reserve 
power supply requirement could affect small entities that own or 
operate small passenger vessels newly subject to the requirement.
    17. In the IRFA accompanying the Second FNPRM, we specifically 
identified each of the above rule amendments as potentially affecting 
reporting, recordkeeping and other compliance requirements, and 
specifically requested comment on the economic impact of these changes.
Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    18. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its 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 and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption

[[Page 4478]]

from coverage of the rule, or any part thereof, for such small 
entities.''
    19. Although we received no comments specifically addressed to the 
IRFA for the Second FNPRM, we have considered all comments to the 
Second FNPRM addressing the impact of any proposed change on small 
entities and all suggestions for alternative measures that would have a 
less significant impact on small entities. Moreover, even where we 
received no comments of this nature with regard to a particular new 
requirement, we considered the potential impact of the requirement on 
small entities, and considered alternatives. As noted above, we have 
identified two new requirements that may affect reporting, 
recordkeeping and other compliance requirements for small entities. We 
discuss both of these new requirements adopted in the Third Report and 
Order, and relevant alternatives, below.
    20. In determining to adopt more stringent requirements for DSC 
radio equipment, we carefully considered the impact of such action on 
small entities that manufacture or use such equipment. We ultimately 
concluded that we should not exempt any entities from compliance with 
the new DSC technical standards because indefinite reliance on 
equipment meeting the old standards could jeopardize the safety not 
only of passengers and crew on vessels using such equipment but also 
passengers and crew on other vessels. In addition to the undisputed 
safety benefits of DSC equipment meeting the new standards, we took 
into account record evidence indicating that the cost of such equipment 
is not excessive. Three commenters responded to the Commission's 
request for information on the compliance costs of this requirement, 
and their consensus view is that the retail cost of DSC equipment 
meeting the new standards is not more than $200, which is less than 
what DSC equipment meeting the earlier SC101 standard was retailing for 
just a few years ago. Moreover, we have provided affected entities with 
significant relief through a phase-in of the new requirements plus 
grandfathering protections. Specifically, the Commission will continue 
to accept applications for certification of non-handheld DSC equipment 
meeting the SC101 standard until one year after the effective date of 
these rule amendments. In addition, the Commission will continue to 
accept applications for certification of handheld DSC equipment meeting 
the SC101 standard for a full four years after the effective date of 
the new rules. With respect to grandfathering protection, we are 
permitting the continued manufacture, importation, sale and 
installation of non-handheld SC101 radio equipment until three years 
after the effective date of the new rules, and the continued 
manufacture, importation and sale of SC101 handheld units until seven 
years after the effective date. Finally, we are grandfathering 
indefinitely the use of any DSC equipment that was properly certified 
under the SC101 standard and placed in service prior to the expiration 
of the applicable three-year or seven-year grandfathering period; such 
equipment, therefore, may continue to be used until the end of its 
useful life. We conclude that these measures effectively mitigate the 
burden on small entities of complying with the new DSC standards, 
reasonably further the goals of the RFA, and allow a resolution of this 
matter that fairly balances the public interest in maritime safety with 
the public interest in reducing regulatory burdens on small entities.
    21. We also carefully considered the impact on small entities of 
expanding the Section 80.917 requirement to carry a reserve power 
supply to additional classes of small passenger vessels. We have 
decided to expand this requirement because we believe that a reserve 
power supply ``can make a life-or-death difference for passengers and 
crew on board a passenger vessel in distress.'' We also have considered 
whether there are less costly alternatives to a reserve power supply 
that would be equally effective in addressing this safety concern. We 
conclude that no such less costly alternatives exist. However, in the 
interest of minimizing regulatory burdens on small entities, such as 
small charter boat operators, that own and operate small passenger 
vessels, we are not expanding the requirement to all small passenger 
vessels, although we did consider that option. Instead, we are 
expanding the reserve power supply requirement to those vessels where 
it will provide potentially the greatest value in terms of maritime 
safety--vessels with a relatively large passenger capacity and vessels 
that travel relatively great distances from shore--and where the costs 
can most readily be absorbed. Specifically we are extending the reserve 
power supply requirement to (a) small passenger vessels of less than 
100 gross tons that carry more than 150 passengers or have overnight 
accommodations for more than forty-nine persons; and (b) small 
passenger vessels of less than 100 gross tons that carry not more than 
150 passengers or have overnight accommodations for not more than 
forty-nine persons, and that are required to carry EPIRBs under the 
Coast Guard's Navigation and Vessel Inspection Circular No. 3-99, i.e., 
that operate on the high seas or more than three miles from shore on 
Great Lakes voyages. We believe that this rule adequately addresses the 
concerns of NMCA and PVA that a reserve power supply requirement not be 
imposed on the smallest of small passenger vessels, such as small 
charter fishing boats that remain relatively close to shore and 
generally carry only a few passengers at a time. In fact, this 
resolution was proposed by PVA. In addition, this approach 
appropriately takes into account a vessel's passenger capacity and area 
of operation in weighing the costs and benefits of imposing the reserve 
power supply requirement. We are persuaded by the Coast Guard's 
endorsement of this approach, moreover, that it gives appropriate 
weight to the interest in maritime safety at the same time that it 
furthers the goals of the RFA. Finally, to further mitigate the burden 
on the owners and operators of small passenger vessels newly subject to 
the reserve power supply requirement, we provide them with up to one 
year after the effective date of this rule amendment to install the 
requisite reserve power supply.

F. Report to Congress

    22. The Commission will send a copy of the Memorandum Opinion and 
Order and Third Report and Order in WT Docket No. 00-48, including the 
Final Regulatory Flexibility Analysis, in a report to be sent to 
Congress and the Congressional Budget Office pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Memorandum Opinion and Order and Third Report and Order in WT 
Docket No. 00-48, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the SBA. A copy of the Memorandum 
Opinion and Order and Third Report and Order in WT Docket No. 00-48 and 
the Final Regulatory Flexibility Analysis (or summaries thereof) will 
also be published in the Federal Register.

List of Subjects in 47 CFR Parts 13 and 80

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Incorporation by reference.


[[Page 4479]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 13 and 80 as follows:

PART 13--COMMERCIAL RADIO OPERATORS

0
1. The authority citation for part 13 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 
U.S.C. 154, 303.


0
2. Amend Sec.  13.7 by revising paragraph (b) introductory text and 
adding paragraph (b)(11) to read as follows:


Sec.  13.7  Classification of operator licenses and endorsements.

* * * * *
    (b) There are eleven types of commercial radio operator licenses, 
certificates and permits (licenses). The license's ITU classification, 
if different from its name, is given in parentheses.
* * * * *
    (11) GMDSS Radio Operator/Maintainer License (general operator's 
certificate/technical portion of the first-class radio electronic 
certificate).
* * * * *

0
3. Amend Sec.  13.13 by revising paragraph (a) to read as follows:


Sec.  13.13  Application for a renewed or modified license.

    (a) Each application to renew a First Class Radiotelegraph 
Operator's Certificate, Second Class Radiotelegraph Operator's 
Certificate, or Third Class Radiotelegraph Operator's Certificate must 
be made on FCC Form 605. The application must be accompanied by the 
appropriate fee and submitted in accordance with Sec.  1.913 of this 
chapter.
* * * * *

0
4. Revise Sec.  13.15 to read as follows:


Sec.  13.15  License term.

    (a) First Class Radiotelegraph Operator's Certificates, Second 
Class Radiotelegraph Operator's Certificates, and Third Class 
Radiotelegraph Operator's Certificates are normally valid for a term of 
five years from the date of issuance.
    (b) General Radiotelephone Operator Licenses, Restricted 
Radiotelephone Operator Permits, Restricted Radiotelephone Operator 
Permits-Limited Use, GMDSS Radio Operator's Licenses, Restricted GMDSS 
Radio Operator's Licenses, GMDSS Radio Maintainer's Licenses, GMDSS 
Operator/Maintainer Licenses, and Marine Radio Operator Permits are 
normally valid for the lifetime of the holder.

0
5. Amend Sec.  13.203 by revising paragraph (a) to read as follows:


Sec.  13.203  Examination elements.

    (a) A written examination (written Element) must prove that the 
examinee possesses the operational and technical qualifications to 
perform the duties required by a person holding that class of 
commercial radio operator license. For each Element, the Commission 
shall establish through public notices or other appropriate means the 
number of questions to be included in the question pool, the number of 
questions to be included in the examination, and the number of 
questions that must be answered correctly to pass the examination. Each 
written examination must consist of questions relating to the pertinent 
subject matter, as follows:
    (1) Element 1 (formerly Elements 1 and 2): Basic radio law and 
operating practice with which every maritime radio operator should be 
familiar. Questions concerning provisions of laws, treaties, 
regulations, and operating procedures and practices generally followed 
or required in communicating by means of radiotelephone stations.
    (2) Element 3: General radiotelephone. Questions concerning 
electronic fundamentals and techniques required to adjust, repair, and 
maintain radio transmitters and receivers at stations licensed by the 
FCC in the aviation, maritime, and international fixed public radio 
services.
    (3) Element 5: Radiotelegraph operating practice. Questions 
concerning radio operating procedures and practices generally followed 
or required in communicating by means of radiotelegraph stations 
primarily other than in the maritime mobile services of public 
correspondence.
    (4) Element 6: Advanced radiotelegraph. Questions concerning 
technical, legal and other matters applicable to the operation of all 
classes of radiotelegraph stations, including operating procedures and 
practices in the maritime mobile services of public correspondence, and 
associated matters such as radio navigational aids, message traffic 
routing and accounting, etc.
    (5) Element 7: GMDSS radio operating practices. Questions 
concerning GMDSS radio operating procedures and practices sufficient to 
show detailed practical knowledge of the operation of all GMDSS sub-
systems and equipment; ability to send and receive correctly by 
radiotelephone and narrow-band direct-printing telegraphy; detailed 
knowledge of the regulations applying to radio communications, 
knowledge of the documents relating to charges for radio communications 
and knowledge of those provisions of the International Convention for 
the Safety of Life at Sea which relate to radio; sufficient knowledge 
of English to be able to express oneself satisfactorily both orally and 
in writing; knowledge of and ability to perform each function listed in 
Sec.  80.1081 of this chapter; and knowledge covering the requirements 
set forth in IMO Assembly Resolution on Training for Radio Personnel 
(GMDSS), Annex 3.
    (6) Element 7R: Restricted GMDSS radio operating practices. 
Questions concerning those GMDSS radio operating procedures and 
practices that are applicable to ship stations on vessels that sail 
exclusively in sea area A1, as defined in Sec.  80.1069 of this 
chapter, sufficient to show detailed practical knowledge of the 
operation of pertinent GMDSS sub-systems and equipment; ability to send 
and receive correctly by radio telephone and narrow-band direct-
printing telegraphy; detailed knowledge of the regulations governing 
radio communications within sea area A1, knowledge of the pertinent 
documents relating to charges for radio communications and knowledge of 
the pertinent provisions of the International Convention for the Safety 
of Life at Sea; sufficient knowledge of English to be able to express 
oneself satisfactorily both orally and in writing; knowledge of and 
ability to perform each pertinent function listed in Sec.  80.1081 of 
this chapter; and knowledge covering the pertinent requirements set 
forth in IMO Assembly Resolution on Training for Radio Personnel 
(GMDSS), Annex 3.
    (7) Element 8: Ship radar techniques. Questions concerning 
specialized theory and practice applicable to the proper installation, 
servicing and maintenance of ship radar equipment in general use for 
marine navigational purposes.
    (8) Element 9: GMDSS radio maintenance practices and procedures. 
Questions concerning the requirements set forth in IMO Assembly on 
Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio 
Maintenance Guidelines for the Global Maritime Distress and Safety 
System related to Sea Areas A3 and A4.
* * * * *

0
6. Revise Sec.  13.215 to read as follows:


Sec.  13.215  Question pools.

    The question pool for each written examination element will be 
composed of questions acceptable to the FCC. Each question pool must 
contain at least five

[[Page 4480]]

(5) times the number of questions required for a single examination. 
The FCC will issue public announcements detailing the questions in the 
pool for each element. COLEMs must use only currently-authorized 
(through public notice or other appropriate means) question pools when 
preparing a question set for a written examination element.

PART 80--STATIONS IN THE MARITIME SERVICES

0
7. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.


0
8. Amend Sec.  80.5 by revising the definition of Digital selective 
calling (DSC) to read as follows:


Sec.  80.5  Definitions.

* * * * *
    Digital selective calling (DSC). A synchronous system developed by 
the International Telecommunication Union Radiocommunication (ITU-R) 
Sector, used to establish contact with a station or group of stations 
automatically by means of radio. The operational and technical 
characteristics of this system are contained in Recommendations ITU-R 
M.493-11, ``Digital Selective-calling System for Use in the Maritime 
Mobile Service,'' with Annexes 1 and 2, 2004, and ITU-R M.541-9, 
``Operational Procedures for the Use of Digital Selective-Calling 
Equipment in the Maritime Mobile Service,'' with Annexes 1 through 5, 
2004. (see subpart W of this part.) ITU-R Recommendations M.493-11 with 
Annexes 1 and 2 and M.541-9 with Annexes 1 through 5 are incorporated 
by reference. 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. 
The ITU-R Recommendations can be purchased from the International 
Telecommunication Union (ITU), Place des Nations, CH-1211 Geneva 20, 
Switzerland.
* * * * *

0
9. Amend Sec.  80.15 by removing paragraph (d)(4) and revising 
paragraph (e)(2) to read as follows:


Sec.  80.15  Eligibility for station license.

* * * * *
    (e) * * *
    (2) A 406.0-406.1 MHz EPIRB may be used by any ship required to 
carry an EPIRB pursuant to 46 CFR subpart 25.26 or 46 CFR 28.150, 
117.64, 117.200, 133.60, 180.64, 180.200, 180.204, 180.205, or 199.510, 
or by any ship that is equipped with a VHF ship radio station. An 
INMARSAT-E EPIRB may be used by any ship required by these U.S. Coast 
Guard regulations to carry an EPIRB or by any ship that is equipped 
with a VHF radio station, provided that the ship is not operating in 
sea area A4 as defined in Sec.  80.1069(a)(4).

    Note to paragraph (e)(2): Service to INMARSAT-E EPIRB stations 
terminated on December 1, 2006, so distress signals from INMARSAT-E 
EPIRB stations will not be received by any Rescue Coordination 
Center.


0
10. Revise Sec.  80.43 to read as follows:


Sec.  80.43  Equipment acceptable for licensing.

    Transmitters listed in Sec.  80.203 must be authorized for a 
particular use by the Commission based upon technical requirements 
contained in subparts E and F of this part, except for transmitters 
that are used on vessels in the Maritime Security Fleet and are deemed 
to satisfy all Commission equipment certification requirements pursuant 
to section 53108(c) of Title 46 of the United States Code.

0
11. Revise Sec.  80.51 to read as follows:


Sec.  80.51  Ship earth station licensing.

    A ship earth station must display the Commission license.


Sec.  80.57  [Amended]

0
12. Amend Sec.  80.57 by removing paragraph (d)(5) and redesignating 
paragraph (d)(6) as (d)(5).

0
13. Amend Sec.  80.103 by revising paragraphs (a), (c), and (e) to read 
as follows:


Sec.  80.103  Digital selective calling (DSC) operating procedures.

    (a) Operating procedures for the use of DSC equipment in the 
maritime mobile service are as contained in ITU-R M.541-9, 
``Operational Procedures for the Use of Digital Selective-Calling 
Equipment in the Maritime Mobile Service,'' with Annexes 1 through 5, 
2004, and subpart W of this part.
* * * * *
    (c) DSC acknowledgment of DSC distress and safety calls must be 
made by designated coast stations and such acknowledgment must be in 
accordance with procedures contained in ITU-R M.541-9, ``Operational 
Procedures for the Use of Digital Selective-Calling Equipment in the 
Maritime Mobile Service,'' with Annexes 1 through 5, 2004. 
Nondesignated public and private coast stations must follow the 
guidance provided for ship stations in ITU-R M.541-9, ``Operational 
Procedures for the Use of Digital Selective-Calling Equipment in the 
Maritime Mobile Service,'' with Annexes 1 through 5, 2004, with respect 
to DSC ``Acknowledgment of distress calls'' and ``Distress relays.'' 
(See subpart W of this part.)
* * * * *
    (e) ITU-R M.541-9 with Annexes 1 through 5, 2004, is incorporated 
by reference. 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 this standard 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. 
The ITU-R Recommendation can be purchased from the International 
Telecommunication Union (ITU), Place des Nations, CH-1211 Geneva 20, 
Switzerland.

0
14. Amend Sec.  80.123 by revising paragraph (d) to read as follows:


Sec.  80.123  Service to stations on land.

* * * * *
    (d) Radio equipment used on land must be certified for use under 
part 22, part 80, or part 90 of this chapter. Such equipment must 
operate only on the public correspondence channels authorized for use 
by the associated public coast station;
* * * * *

0
15. Amend Sec.  80.148 by revising the introductory paragraph to read 
as follows:


Sec.  80.148  Watch on 156.8 MHz (Channel 16).

    Each compulsory vessel, while underway, must maintain a watch for 
radiotelephone distress calls on 156.800 MHz whenever such station is 
not being used for exchanging communications. For GMDSS ships, 156.525 
MHz is the calling frequency for distress, safety,

[[Page 4481]]

and general communications using digital selective calling and the 
watch on 156.800 MHz is provided so that ships not fitted with DSC will 
be able to call GMDSS ships, thus providing a link between GMDSS and 
non-GMDSS compliant ships. The watch on 156.800 MHz is not required:
* * * * *

0
16. Amend Sec.  80.179 by revising paragraph (e)(1) to read as follows:


Sec.  80.179  Unattended operation.

* * * * *
    (e) * * *
    (1) The equipment must be using DSC in accordance with ITU-R 
Recommendation M.493-11, ``Digital Selective-calling System for Use in 
the Maritime Mobile Service,'' with Annexes 1 and 2, 2004, and ITU-R 
Recommendation M.541-9, ``Operational Procedures for the Use of Digital 
Selective-Calling Equipment in the Maritime Mobile Service,'' with 
Annexes 1 through 5, 2004, as modified by this section. ITU-R 
Recommendations M.493-11 with Annexes 1 and 2 and M.541-9 with Annexes 
1 through 5 are incorporated by reference. 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. The ITU-R Recommendations can be 
purchased from the International Telecommunication Union (ITU), Place 
des Nations, CH-1211 Geneva 20, Switzerland.
* * * * *

0
17. Amend Sec.  80.203 by revising paragraphs (b)(3), (h), and (n), 
redesignating paragraph (b)(4) as (b)(5), and adding new paragraph 
(b)(4) to read as follows:


Sec.  80.203  Authorization of transmitters for licensing.

* * * * *
    (b) * * *
    (3) Except as provided in paragraph (b)(4) of this section, 
programming of authorized channels must be performed only by a person 
holding a first or second class radiotelegraph operator's certificate 
or a general radiotelephone operator's license using any of the 
following procedures:
    (i) Internal adjustment of the transmitter;
    (ii) Use of controls normally inaccessible to the station operator;
    (iii) Use of external devices or equipment modules made available 
only to service and maintenance personnel through a service company; 
and
    (iv) Copying of a channel selection program directly from another 
transmitter (cloning) using devices and procedures made available only 
to service and maintenance personnel through a service company.
    (4) Notwithstanding paragraph (b)(3) of this section, authorized 
channels may be programmed via computerized remote control by any 
person, provided that the remote control operation is designed to 
preclude the programming of channels not authorized to the licensee.
* * * * *
    (h) In addition to the certification requirements contained in part 
2 of this chapter, applicants for certification of 406.0-406.1 MHz 
radiobeacons must also comply with the certification procedures 
contained in Sec.  80.1061 of this part.
* * * * *
    (n) Applications for certification of all marine radio transmitters 
operating in the 2-27.5 MHz band or the 156-162 MHz band received on or 
after June 17, 1999, must have a DSC capability in accordance with 
Sec.  80.225. This requirement does not apply to transmitters used with 
AMTS or hand-held portable transmitters.
* * * * *

0
18. Amend Sec.  80.207 by revising paragraph (d) to read as follows:


Sec.  80.207  Classes of emission.

* * * * *
    (d) The authorized classes of emission are as follows:

------------------------------------------------------------------------
            Types of stations                   Classes of emission
------------------------------------------------------------------------
            Ship Stations \1\
 
Radiotelegraphy:
    100-160 kHz.........................  A1A.
    405-525 kHz.........................  A1A, J2A.
1615-27500 kHz:
    Manual \15,\ \16,\ \17\.............  A1A, J2A, J2B, J2D.
    DSC \6\.............................  F1B, J2B.
    NB-DP \14,\ \16\....................  F1B, J2B, J2D.
    Facsimile...........................  F1C, F3C, J2C, J3C.
    156-162 MHz \2\.....................  F1B, F2B, F2C, F3C, F1D, F2D.
    DSC.................................  G2B.
    216-220 MHz \3\.....................  F1B, F2B, F2C, F3C.
    1626.5-1646.5 MHz...................  (\4\).
Radiotelephony:
    1615-27500 kHz \16\.................  H3E, J2D, J3E, R3E.
    27.5-470 MHz \6\....................  G3D, G3E.
    1626.5-1646.5 MHz...................  (\4\).
Radiodetermination:
    285-325 kHz \7\.....................  A1A, A2A.
    405-525 kHz (Direction Finding) \8\.  A3N, H3N, J3N, NON.
    154-459 MHz: \12\...................  A1D, A2D, F1D, F2D, G1D, G2D.
    2.4-9.5 GHz.........................  PON.
 
            Land Stations \1\
 
Radiotelegraphy:
    100-160 kHz.........................  A1A.
    405-525 kHz.........................  A1A, J2A.
1605-2850 kHz:
    Manual..............................  A1A, J2A.

[[Page 4482]]

 
    Facsimile...........................  F1C, F3C, J2C, J3C.
    Alaska-Fixed........................  A1A, J2A.
4000-27500 kHz:
    Manual \16\.........................  A1A, J2A, J2B, J2D.
    DSC \18\............................  F1B, J2B.
    NB-DP \14,\ \18\....................  F1,B J2B, J2D.
    Facsimile...........................  F1C, F3C, J2C, J3C.
    Alaska-Fixed \17,\ \18\.............  A1A, A2A, F1B, F2B, J2B, J2D.
    72-76 MHz...........................  A1A, A2A, F1B, F2B.
    156-162 MHz \2,\ \20\...............  F1B, F2B, F2C, F3C, F1D, F2D.
    DSC.................................  G2B.
    216-220 MHz \3\.....................  F1B, F2B, F2C, F3C.
Radiotelephony:
    1615-27500 kHz \18,\ \19\...........  H3E, J3E, R3E.
    72-76 MHz...........................  A3E, F3E, G3E.
    156-470 MHz.........................  G3E.
Radiodetermination:
    2.4-9.6 GHz.........................  PON.
Distress, Urgency and Safety \8,\ \9\
    2182 kHz \10,\ \11\.................  A2B, A3B, H2B, H3E, J2B, J3E.
    121.500 MHz.........................  A3E, AEX, N0N.
    123.100 MHz.........................  A3E.
    156.750 and 156.800 MHz \13\........  G3E, G3N.
    243.000 MHz.........................  A3E, A3X, N0N.
    406.0-406.1 MHz.....................  G1D.
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
  establishment.
\2\ Frequencies used for public correspondence and in Alaska 156.425
  MHz. See Sec.  Sec.   80.371(c), 80.373(f) and 80.385(b). Transmitters
  approved before January 1, 1994, for G3E emissions will be authorized
  indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
  approved on or after January 1, 1994, will be authorized for F2C, F3C,
  F1D or F2D emissions only if they are approved specifically for each
  emission designator.
\3\ Frequencies used in the Automated Maritime Telecommunications System
  (AMTS). See Sec.   80.385(b).
\4\ Types of emission are determined by the INMARSAT Organization.
\5\ [Reserved].
\6\ G3D emission must be used only by one-board stations for maneuvering
  or navigation.
\7\ Frequencies used for cable repair operations. See Sec.   80.375(b).
\8\ For direction finding requirements see Sec.   80.375.
\9\ Includes distress emissions used by ship, coast, EPIRBs and survival
  craft stations.
\10\ On 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission
  of the auto alarm signals.
\11\ Ships on domestic voyages must use J3E emission only.
\12\ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz,
  454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and
  related telecommand operations.
\13\ Class C EPIRB stations may not be used after February 1, 1999.
\14\ NB-DP operations which are not in accordance with ITU-R
  Recommendations M.625 or M.476 are permitted to utilize any
  modulation, so long as emissions are within the limits set forth in
  Sec.   80.211(f).
\15\ J2B is permitted only on 2000-27500 kHz.
\16\ J2D is permitted only on 2000-27500 kHz, and ship stations
  employing J2D emissions shall at no time use a peak envelope power in
  excess of 1.5 kW per channel.
\17\ J2B and J2D are permitted provided they do not cause harmful
  interference to A1A.
\18\ Coast stations employing J2D emissions shall at no time use a peak
  envelope power in excess of 10 kW per channel.
\19\ J2D is permitted only on 2000-27500 kHz.
\20\ If a station uses another type of digital emission, it must comply
  with the emission mask requirements of Sec.   90.210 of this chapter,
  except that Automatic Identification System (AIS) transmissions do not
  have to comply with the emission mask requirements of Sec.   90.210 of
  this chapter.


0
19. Amend Sec.  80.211 by revising paragraph (e) introductory text to 
read as follows:


Sec.  80.211  Emission limitations.

* * * * *
    (e) The mean power of EPIRBs operating on 121.500 MHz, 243.000 MHz 
and 406.0-406.1 MHz must be as follows:
* * * * *

0
20. Amend Sec.  80.223 by revising paragraph (a)(1) to read as follows:


Sec.  80.223  Special requirements for survival craft stations.

    (a) * * *
    (1) 2182 kHz must be able to operate with A3E or H3E and J2B and 
J3E emissions;
* * * * *

0
21. Amend Sec.  80.225 by revising the introductory paragraph, and 
paragraphs (a) and (c)(2) to read as follows:


Sec.  80.225  Requirements for selective calling equipment.

    This section specifies the requirements for voluntary digital 
selective calling (DSC) equipment and selective calling equipment 
installed in ship and coast stations, and incorporates by reference 
ITU-R Recommendation M.476-5, ``Direct-Printing Telegraph Equipment in 
the Maritime Mobile Service,'' with Annex, 1995; ITU-R Recommendation 
M.493-11, ``Digital Selective-calling System for Use in the Maritime 
Mobile Service,'' with Annexes 1 and 2, 2004; ITU-R Recommendation 
M.541-9, ``Operational Procedures for the Use of Digital Selective-
Calling Equipment in the Maritime Mobile Service,'' with Annexes 1 
through 5, 2004; ITU-R Recommendation M.625-3, ``Direct-Printing 
Telegraph Equipment Employing Automatic Identification in the Maritime 
Mobile Service,'' with Annex, 1995; RTCM Paper 56-95/SC101-STD, ``RTCM 
Recommended Minimum Standards for Digital Selective Calling (DSC) 
Equipment Providing Minimum Distress and Safety Capability,'' Version 
1.0, August 10, 1995; and IEC 62238, First edition, ``Maritime 
navigation and

[[Page 4483]]

radiocommunication equipment and systems--VHF radiotelephone equipment 
incorporating Class `D' Digital Selective Calling (DSC)--Methods of 
testing and required test results,'' March 2003. ITU-R Recommendations 
M.476-5 with Annex, M.493-11 with Annexes 1 and 2, M.541-9 with Annexes 
1 through 5, and M.625-3 with Annex, RTCM Paper 56-95/SC101-STD Version 
1.0, and IEC 62238, First edition, are incorporated by reference. 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. The ITU-R Recommendations 
can be purchased from the International Telecommunication Union (ITU), 
Place des Nations, CH-1211 Geneva 20, Switzerland. The RTCM standards 
can be purchased from the Radio Technical Commission for Maritime 
Services (RTCM), 1800 N. Kent Street, Suite 1060, Arlington, Virginia 
22209, https://www.rtcm.org, e-mail pubs@rtcm.org.
    (a) The requirements for DSC equipment voluntarily installed in 
coast or ships stations are as follows:
    (1) Prior to March 25, 2009, DSC equipment must meet the 
requirements of the following standards in order to be approved for 
use:
    (i) RTCM Paper 56-95/SC101-STD, RTCM Recommended Minimum Standards 
for Digital Selective Calling (DSC) Equipment Providing Minimum 
Distress and Safety Capability,'' Version 1.0, August 10, 1995, and 
ITU-R Recommendation M.493-10, ``Digital Selective-calling System for 
Use in the Maritime Mobile Service,'' with Annexes 1 and 2, 2000 
(including only equipment classes A, B, D, and E); or
    (ii) ITU-R Recommendation M.493-11, ``Digital Selective-calling 
System for Use in the Maritime Mobile Service,'' with Annexes 1 and 2, 
2004, and, in the case of Class D DSC equipment only, IEC 62238, First 
edition, ``Maritime navigation and radiocommunication equipment and 
systems--VHF radiotelephone equipment incorporating Class `D' Digital 
Selective Calling (DSC)--Methods of testing and required test 
results,'' March 2003.
    (2) Beginning March 25, 2009, the Commission will not accept new 
applications (but will continue to process then-pending applications) 
for certification of non-portable DSC equipment that does not meet the 
requirements of ITU-R Recommendation M.493-11, ``Digital Selective-
calling System for Use in the Maritime Mobile Service,'' with Annexes 1 
and 2, 2004, and, in the case of Class D DSC equipment only, IEC 62238, 
First edition, ``Maritime navigation and radiocommunication equipment 
and systems--VHF radiotelephone equipment incorporating Class `D' 
Digital Selective Calling (DSC)--Methods of testing and required test 
results,'' March 2003.
    (3) Beginning March 25, 2012, the Commission will not accept new 
applications (but will continue to process then-pending applications) 
for certification of handheld, portable DSC equipment that does not 
meet the requirements of ITU-R Recommendation M.493-11, ``Digital 
Selective-calling System for Use in the Maritime Mobile Service,'' with 
Annexes 1 and 2, 2004, and, in the case of Class D DSC equipment only, 
IEC 62238, First edition, ``Maritime navigation and radiocommunication 
equipment and systems--VHF radiotelephone equipment incorporating Class 
`D' Digital Selective Calling (DSC)--Methods of testing and required 
test results,'' March 2003.
    (4) The manufacture, importation, sale or installation of non-
portable DSC equipment that does not comply with either of the 
standards referenced in paragraph (a)(2) of this section is prohibited 
beginning March 25, 2011.
    (5) The manufacture, importation, or sale of handheld, portable DSC 
equipment that does not comply with either of the standards referenced 
in paragraph (a)(3) of this section is prohibited beginning March 25, 
2015.
    (6) Approved DSC equipment that has been manufactured, sold, and 
installed in conformity with the requirements of this section may be 
used indefinitely.
* * * * *
    (c) * * *
    (2) Equipment used to perform a selective calling function during 
narrow-band direct-printing (NB-DP) operations in accordance with ITU-R 
Recommendation M.476-5, ``Direct-Printing Telegraph Equipment in the 
Maritime Mobile Service,'' with Annex, 1995, or ITU-R Recommendation 
M.625-3, ``Direct-Printing Telegraph Equipment Employing Automatic 
Identification in the Maritime Mobile Service,'' with Annex, 1995, ITU-
R Recommendation M.493-11, ``Digital Selective-calling System for Use 
in the Maritime Mobile Service,'' with Annexes 1 and 2, 2004, and
* * * * *

0
22. Amend Sec.  80.251 by revising paragraph (a) to read as follows:


Sec.  80.251  Scope.

    (a) This subpart gives the general technical requirements for 
certification of equipment used on compulsory ships. Such equipment 
includes automatic-alarm-signal keying devices, survival craft radio 
equipment, watch receivers, radar equipment and Ship Security Alert 
System (SSAS) equipment.
* * * * *


Sec.  80.268  [Amended]

0
23. Amend Sec.  80.268 by removing paragraph (b)(2) and redesignating 
paragraph (b)(3) as (b)(2).


Sec.  80.269  [Removed]

0
24. Section 80.269 is removed.

0
25. Amend Sec.  80.271 by revising paragraph (e) to read as follows:


Sec.  80.271  Technical requirements for portable survival craft 
radiotelephone transceivers.

* * * * *
    (e) Portable radiotelephone transceivers which are certified to 
meet the requirements of this section must be identified by an 
appropriate note in the Commission's database.

0
26. Revise Sec.  80.273 to read as follows:


Sec.  80.273  Technical requirements for radar equipment.

    (a) Radar installations on board ships that are required by the 
Safety Convention or the U.S. Coast Guard to be equipped with radar 
must comply with the documents referenced in the following paragraphs 
of this section. These documents contain specifications, standards and 
general requirements applicable to shipboard radar equipment and 
shipboard radar installations. For purposes of this part the 
specifications, standards and general requirements stated in these 
documents are mandatory irrespective of discretionary language. The 
standards listed in this section are incorporated by reference. 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

[[Page 4484]]

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. The IMO standards can be 
purchased from International Maritime Organization (IMO), Publications, 
International Maritime Organization, 4 Albert Embankment, London SE1 
7SR, United Kingdom; telephone 011 44 71 735 7611. IEC publications can 
be purchased from the International Electrotechnical Commission, 3 Rue 
de Varembe, CH-1211 Geneva 20, Switzerland, or from the American 
National Standards Institute (ANSI) through its NSSN operation 
(www.nssn.org), at Customer Service, American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036, telephone (212) 
642-4900. ITU documents can be purchased from the International 
Telecommunication Union (ITU), Place des Nations, CH-1211 Geneva 20, 
Switzerland (www.itu.int.)
    (b) Radar installed on or after March 25, 2008 on ships of 300 tons 
gross tonnage and upwards, and radar installed on a ship after March 
25, 2008, and certificated by the U.S. Coast Guard under the IMO Code 
for the Safety of High Speed Craft (Resolution MSC.36(63), May 20, 
1994, with Supplement (2002) must comply with:
    (1) IMO Resolution MSC.64(67), ``Adoption of New and Amended 
Performance Standards,'' Annex 4, ``Recommendation on performance 
standards for radar equipment,'' adopted on 4 December 1996;
    (2) The emission limits contained in ITU Radio Regulations, 
Appendices Edition of 2004, Appendix 3 (Rev. WRC-03), ``Tables of 
maximum permitted power levels for spurious or spurious domain 
emissions,'' Section II--``Spurious domain emission limits for 
transmitters installed after 1 January 2003 and for all transmitters 
after 1 January 2012,'' including Annex 1; and
    (3) ITU-R M.1177-3, ``Techniques for measurement of unwanted 
emissions of radar systems,'' including Annexes 1 and 2 and all 
appendices, 2003.
    (c) For any ship of 10,000 tons gross tonnage and upwards or that 
is otherwise required to be equipped with two radar systems, each of 
the two radar systems must be capable of operating independently and 
must comply with the specifications, standards and general requirements 
set forth on paragraph (b) of this section. One of the systems must 
provide a display with an effective diameter of not less than 340 
millimeters (13.4 inches), (16-inch cathode ray tube). The other system 
must provide a display with an effective diameter of not less than 250 
millimeters (9.8 inches), (12-inch cathode ray tube).
    (d) Radar installed before March 25, 2008 must meet and be 
maintained to comply with the Commission's regulations in effect for 
the equipment on the date of its installation.

0
27. Add Sec.  80.277 to read as follows:


Sec.  80.277  Ship Security Alert System (SSAS).

    (a) Vessels equipped with a Ship Security Alert System pursuant to 
the Safety Convention or 33 CFR 101.310 may utilize:
    (1) Equipment that complies with RTCM Paper 110-2004/SC110-STD, 
``RTCM Standard 11020.0--Ship Security Alert Systems (SSAS) using the 
Cospas-Sarsat System,'' Version 1.0, June 4, 2004; or
    (2) INMARSAT D+ equipment; or
    (3) Equipment that complies with the technical specifications found 
in this subpart.
    (b) RTCM Paper 110-2004/SC110-STD is incorporated by reference. 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. The RTCM standards can be 
purchased from the Radio Technical Commission for Maritime Services 
(RTCM), 1800 N. Kent St., Suite 1060, Arlington VA 22209, https://
www.rtcm.org, e-mail at pubs@rtcm.org.

0
28. Amend Sec.  80.305 by revising paragraphs (a)(1), (a)(2), (b)(1), 
and (c) to read as follows:


Sec.  80.305  Watch requirements of the Communications Act and the 
Safety Convention.

    (a) * * *
    (1) If it is not carrying MF-DSC radio equipment, keep a continuous 
and efficient watch on the radiotelephone distress frequency 2182 kHz 
from the principal radio operating position or the room from which the 
vessel is normally steered while being navigated in the open sea 
outside a harbor or port.
    (2) Keep a continuous and efficient watch on the VHF distress 
frequency 156.800 MHz from the room from which the vessel is normally 
steered while in the open sea outside a harbor or port. The watch must 
be maintained by a designated member of the crew who may perform other 
duties, relating to the operation or navigation of the vessel, provided 
such other duties do not interfere with the effectiveness of the watch. 
Use of a properly adjusted squelch or brief interruptions due to other 
nearby VHF transmissions are not considered to adversel