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Code · REGISTER · 2008-01-25 · Securities and Exchange Commission · Rules and Regulations

Rules and Regulations. Final rule

41,169 words·~187 min read·/register/2008/01/25/08-295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-57172; IC-28124; File No. S7-16-07] RIN 3235-AJ92 Electronic Shareholder Forums AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: We are adopting amendments to the proxy rules under the Securities Exchange Act of 1934 to facilitate electronic shareholder forums. The amendments clarify that participation in an electronic shareholder forum that could potentially constitute a solicitation subject to the proxy rules is exempt from most of the proxy rules if all of the conditions to the exemption are satisfied.
In addition, the amendments state that a shareholder, company, or third party acting on behalf of a shareholder or company that establishes, maintains or operates an electronic shareholder forum will not be liable under the federal securities laws for any statement or information provided by another person participating in the forum. Therefore, the amendments remove legal ambiguity that might deter shareholders and companies from energetically pursuing this mode of communication.
DATES: Effective Date: February 25, 2008. FOR FURTHER INFORMATION CONTACT: Lillian Brown, Tamara Brightwell, or John Fieldsend at
(202)551-3700, in the Division of Corporation Finance, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-3010. SUPPLEMENTARY INFORMATION: We are amending Rule 14a-2, 1 and adopting new Rule 14a-17, 2 under the Securities Exchange Act of 1934. 3 1 17 CFR 240.14a-2. 2 17 CFR 240.14a-17. 3 15 U.S.C. 78a et al. I. Background On July 27, 2007, the Commission published for comment a release proposing, among other things, amendments to the proxy rules relating to electronic shareholder forums. 4 We are adopting new Rule 14a-17 5 and adding an exemption to Rule 14a-2 substantially as proposed in that release. 4 Release No. 34-56160 (July 27, 2007) [72 FR 43466] (“Proposing Release”). The instant release addresses only the electronic shareholder forum aspects of the Proposing Release. Comments received that addressed the comprehensive package of amendments to the proxy rules and related disclosure requirements are outside the scope of this adopting release. 5 New Rule 14a-17 was proposed as Rule 14a-18. The purposes of new Rule 14a-17 and the Rule 14a-2 exemption are to facilitate experimentation, innovation, and greater use of the Internet to further shareholder communications. By facilitating such communications on the Internet among shareholders, and between shareholders and their companies, we hope to tap the potential of technology to better vindicate shareholders' state law rights, including their right to elect directors, in ways that are potentially both more effective and less expensive for shareholders and companies. In a series of proxy roundtables that we sponsored in May 2007, several participants observed that recent technological developments hold promise in this regard. 6 Those participants noted that these technological developments could provide a more effective and efficient means of communication than any that are currently available to shareholders. 7 6 *See* Rich Daly, Broadridge Financial Solutions, Inc.; Amy Goodman, Gibson, Dunn & Crutcher LLP; Stanley Keller, Edwards Angell Palmer & Dodge LLP; Cary Klafter, Intel Corporation; and Paul Neuhauser, The University of Iowa College of Law, Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 152 to 171. *See also,* Russell Read, CalPERS; Amy Goodman, Gibson, Dunn & Crutcher LLP; Nell Minow, The Corporate Library; Bill Mostyn, Bank of America Corporation; and Gary Brouse, Interfaith Center on Corporate Responsibility, Transcript of Roundtable on Proxy Voting Mechanics, May 24, 2007, at 54 to 81. 7 *Id.* For example, the participants suggested that an online forum that would be for the exclusive use of shareholders of the company could protect the shareholders' privacy through encrypted unique identifiers, 8 while still permitting participants to know what voting percentage of the company was represented in discussions. 9 Participants in such a forum could, in addition, discuss a variety of important subjects that today are considered, if at all, only periodically and indirectly through the proxy process. 10 With the use of electronic shareholder forums, shareholder participation and communication could be extended throughout the year, rather than only during the period leading up to companies' annual shareholder meetings. Shareholders might also use such a forum as a polling mechanism to elicit the sentiments of the company's managers or other shareholders on various potential actions. 11 8 *See,* *e.g.* , Stanley Keller, Edwards Angell Palmer & Dodge LLP, Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 152; Rich Daly, Broadridge Financial Solutions, Inc., Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 157; and Nell Minow, The Corporate Library, Transcript of Roundtable on Proxy Voting Mechanics, May 24, 2007, at 67. 9 *See,* *e.g.* , Rich Daly, Broadridge Financial Solutions, Inc., Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 157. 10 *See,* *e.g.* , Rich Daly, Broadridge Financial Solutions, Inc., Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 156 and Stanley Keller, Edwards Angell Palmer & Dodge LLP, Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 160. 11 *See,* *e.g.* , Stanley Keller, Edwards Angell Palmer & Dodge LLP and Rich Daly, Transcript of Roundtable on the Federal Proxy Rules and State Corporation Law, May 7, 2007, at 170 to 171 and Nell Minow, The Corporate Library, Transcript of Roundtable on Proxy Voting Mechanics, May 24, 2007, at 54 to 56. Technology now makes it feasible to establish such electronic shareholder forums to perform these functions. As one commenter indicated, technology is available to establish “secure, shareowner-to-shareowner communications, with access restricted to eligible shareowners, and using the Internet as a medium for efficient, ongoing interaction between shareowners and issuers.” 12 These forums can be created so that operators and participants may exchange information electronically. Additionally, electronic shareholder forums can be designed to identify a participant's share ownership, as of a particular date, without disclosing that participant's name, address, or other identifying information. 13 Therefore, we think that participants' privacy can be protected while simultaneously providing for accountability for anyone making false or misleading statements. 12 Comment letter from Broadridge Financial Solutions, Inc. 13 *Id.* If companies choose to participate in, or sponsor, electronic forums, they might find them of use in better gauging shareholder interest with respect to a variety of topics. A company-sponsored forum also could be used to provide a means for management to communicate with shareholders by posting press releases, notifying shareholders of record dates, and expressing the views of the company's management and board of directors. 14 14 Of course, anyone posting information on an electronic shareholder forum should consider the requirements of Regulation FD. *See* 17 CFR 243.100 to 243.103. Despite these potential benefits of electronic shareholder forums, shareholders and companies alike have been reluctant to establish, maintain, or operate them due, in part, to uncertainty over liability for statements and information provided by those participating in the forum. In addition, potential forum participants have expressed concern regarding whether views and statements expressed through the forum would be considered proxy solicitations. Therefore, we proposed a new exemption from the proxy rules (other than from the shareholder list provisions in Rule 14a-7 and the antifraud provisions in Rule 14a-9) for any solicitation in an electronic shareholder forum that satisfies the conditions of the exemption. We also proposed new Rule 14a-17 to provide liability protection for a shareholder, company, or third party acting on behalf of a shareholder or company that establishes, maintains or operates an electronic shareholder forum regarding statements or information provided by another party participating in the forum. As we discuss further in Section III, we are adopting new Rule 14a-17 and the amendments to Rule 14a-2 substantially as proposed. We are taking these steps to remove both real and perceived impediments to continued private sector experimentation with, and use of the Internet for, communication among shareholders, and between shareholders and the companies in which they invest. We intend for the amendments to facilitate communication and thereby encourage the creation of, and participation in, electronic shareholder forums. II. Comments on the Proposed Amendments To Facilitate Electronic Shareholder Forums The majority of the public comment on the proposed amendments to facilitate electronic shareholder forums was favorable. 15 A substantial percentage of commenters remarking on the amendments, however, opposed substituting electronic shareholder forums for the current means of presenting non-binding shareholder proposals in the company's proxy statement pursuant to Rule 14a-8. 16 Although we solicited comment on this question, we did not propose any revisions to Rule 14a-8 that would cause the electronic shareholder forum to be a substitute for the Rule 14a-8 process. In the rule amendments that we are adopting today, we are making the electronic shareholder forum option an additional, rather than substitute, means of communication that could enhance and expand opportunities for participation and interaction. 15 *See,* *e.g.* , comment letters from The Allstate Corporation (“Allstate”); Business Roundtable (“BRT”); Capital Research and Management Company (“Capital Research”); GreenMachines.net (“GreenMachines”); and Investment Company Institute (“ICI”). 16 17 CFR 240.14a-8. In our proposing release, we requested comment on five basic issues related to electronic shareholder forums. The first issue was whether the proposed amendments would have their intended effect of providing sufficient flexibility under the federal securities laws to establish forums that permit interaction among shareholders and between shareholders and the company. In this regard, we solicited comment on whether shareholders and companies desire such flexibility, and if they do, whether the amended rules would provide it. We also solicited comment on whether any additional measures are necessary to ensure that the federal securities laws do not hinder development of these forums. Finally, we asked whether the rules should provide more direction and guidance relating to the structure and purpose of the forums than we proposed. The second issue on which we solicited comment concerned the potential liability under the federal securities laws associated with electronic shareholder forums. A primary purpose of the proposed amendments was to clarify that establishing, maintaining, or operating an electronic shareholder forum does not make one liable for statements or information provided by another person. We also asked commenters to identify any additional liability issues under the federal securities laws that we may not have addressed through the proposed amendments. The third issue concerned the period of time during which electronic shareholder forums should be allowed to operate without being subject to most of the federal proxy rules. Under the proposed amendments, any solicitation in an electronic shareholder forum by or on behalf of a person that does not seek, directly or indirectly, the power to act as a proxy for a shareholder would be exempt from most of the proxy rules. We proposed that such a person could avail himself or herself of the exemption provided that the solicitation was made more than 60 days before the date announced by the company for its next annual or special meeting, or not more than two days following the announcement of such a meeting if the announcement occurred fewer than 60 days before the meeting date. We solicited comment on whether an electronic shareholder forum could function effectively with this timing limitation. We also asked whether better alternatives exist to encourage free and open communication. Additionally, we solicited comment on whether we should require electronic shareholder forums to be closed down within 60 days of a scheduled shareholder meeting, whether shareholders whose communications remain posted inside the 60-day period should be required to file them with us, and how to best monitor these forums. Fourth, we solicited comment regarding the use of electronic shareholder forums as a substitute for advancing referenda that otherwise would be presented in the form of non-binding shareholder proposals for inclusion in a company's proxy materials. Finally, we solicited comment on the ways that an electronic shareholder forum might be used in connection with bylaw proposals regarding procedures for nominating candidates to the board of directors. In particular, we solicited comment on whether shareholders should be able to use an electronic shareholder forum to solicit other shareholders to join with them in submitting a bylaw proposal. The vast majority of commenters supported the new exemption for electronic shareholder forums that we proposed to add to Rule 14a-2 and proposed new Rule 14a-17. 17 The commenters generally favored the continued development of electronic shareholder forums as a means of facilitating communication among shareholders and between shareholders and companies. 18 17 *See,* *e.g.* , comment letters from Allstate; BRT; Capital Research; GreenMachines; and ICI. 18 *See,* *e.g.* , comment letters from Calvert Group, Ltd. (“Calvert”); Senator Carl Levin (“Senator Levin”); and Stephen R. Van Withrop (“Van Winthrop”). Despite the generally favorable reaction, some commenters predicted that electronic shareholder forums might develop into the same types of shareholder chat rooms that exist today. 19 Other commenters suggested that the issues related to electronic shareholder forums require more time to be fully analyzed and should be addressed only upon completion of a comprehensive study reviewing the shareholder communications process. 20 Finally, some commenters asserted that we did not adequately address whether the proposed 60-day, non-solicitation period prior to a proxy vote would provide sufficient protection against a coordinated proxy campaign waged on an electronic shareholder forum. 21 19 *See,* *e.g.* , comment letters from Bricklayers and Trowel Trades International Pension Fund (“Bricklayers”); Green Century Capital Management (“Green Century”); Social Investment Forum (“SIF”), and Walden Asset Management (“Walden”). 20 *See* comment letters from American Bar Association (“ABA”) and Society of Corporate Secretaries and Governance Professionals (“SCSGP”). 21 *See* comment letters from ABA and SunTrust Banks, Inc. (“SunTrust”). Most of the commenters expressing concerns regarding non-binding shareholder proposals stated that they would oppose making the electronic shareholder forum a substitute for the current process under Rule 14a-8. Several of these commenters made it clear that they support electronic shareholder forums, provided that they are only a supplement to the current Rule 14a-8 process. 22 22 *See,* *e.g.* , comment letters from Christus Health (“Christus”); Domini Social Investments (“Domini”); and Trillium Asset Management (“Trillium”). Additionally, some commenters mentioned that keeping the identity of participants who post messages on these electronic forums private would threaten meaningful communications among shareholders and with the company. 23 These commenters asserted that participants' identities should be disclosed and that the participants' ownership interests in the company should be made known as well. 23 *See* comment letters from ABA and Christian Brothers Investment Services, Inc. (“Christian Brothers”). III. Final Rules To Facilitate Electronic Shareholder Forums As stated above, the amendments that we are adopting in this release provide an additional means for shareholders to communicate, and do not in any manner restrict a shareholder's ability under Rule 14a-8 to submit a non-binding proposal to a company for inclusion in the company's proxy materials. Furthermore, the amendments neither mandate nor preclude private communications in electronic shareholder forums; instead, they allow for flexibility in different approaches and to allow innovation and experimentation. 24 24 Because the antifraud provisions of Rule 14a-9 would apply to any postings, it could conceivably be necessary for a participant to identify itself in an otherwise anonymous forum if failure to do so in the circumstances would result in the omission of a “material fact necessary in order to make the statements therein not false or misleading.” 17 CFR 240.14a-9. The amendments are designed to facilitate greater online interaction among shareholders by removing two major obstacles to the use of electronic shareholder forums. 25 The first major obstacle to the use of electronic shareholder forums is the concern that a statement made by a participant in an electronic shareholder forum will be construed as a solicitation under the proxy rules. Section 14(a) of the Exchange Act 26 requires that the solicitation of proxy voting authority be conducted in a fair, honest, and informed manner. 27 Any solicitation of proxies in connection with securities registered pursuant to Section 12 of the Exchange Act 28 is subject to the filing and disclosure requirements of the Commission's proxy rules. 29 In this regard, the Commission has broad authority to control the conditions under which proxies may be solicited so that it promotes “fair corporate suffrage.” 30 A necessary element of this authority is to prevent solicitors from obtaining authorization for corporate action by means of “deceptive or inadequate disclosure in proxy solicitations.” 31 25 17 CFR 240.14a-2(b)(6) and 17 CFR 240.14a-17. 26 15 U.S.C. 78n(a). 27 Release No. 34-31326 (October 16, 1992) [57 FR 48276 and 48277]. 28 15 U.S.C. 78l. 29 *See* 15 U.S.C. 78n(a) and 17 CFR 240.14a-1 and 240.14a-2(b)(1). 30 17 H.R. Rep. No. 1383, 73d Cong., 2d Sess. 13
(1934)at 14. The House Report indicated that the Commission was provided with this broad power “with a view to preventing the recurrence of abuses which...[had] frustrated the free exercise of the voting rights of stockholders.” *Id.* 31 *J.I. Case v. Borak,* 377 U.S. 426, 431 (1964). As defined by the Commission, the term “solicitation” encompasses not only a request that a shareholder execute a proxy, but also the “furnishing of a form of proxy or other communication to security holders under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy.” 32 As such, the proxy rules apply to any person seeking to influence the voting of proxies, regardless of whether the person is seeking authorization to act as a proxy. Both the courts and the Commission have construed this necessarily fact-intensive test broadly to bring within the ambit of the proxy rules any communication that, under the totality of relevant circumstances, is considered “part of a continuous plan ending in a solicitation and which prepare(s) the way for its success.” 33 32 17 CFR 240.14a-1(l). Pursuant to Rule 14a-1(1)(2), the term “solicitation” does not include the furnishing of a form of proxy to a shareholder upon the latter's unsolicited request, the issuer's performance of acts mandated by 17 CFR 240.14a-7, the shareholder list requirement, or ministerial acts performed by any person on behalf of the soliciting party. 33 Release No. 34-29315 (June 17, 1991) [56 FR 28987 and 28989]. *See, e.g., Long Island Lighting Company* v. *Barbash, et al.,* 779 F. 2d 793 (2d Cir. 1985). Therefore, we are adding a new exemption to Rule 14a-2 to state explicitly that Rules 14a-3 through 14a-6 (other than Rule 14a-6(g)), Rule 14a-8, and Rules 14a-10 through 14a-15 do not apply to any solicitation in an electronic shareholder forum if all of the conditions to the exemption are satisfied. 34 Rule 14a-2(b)(6) exempts from most of the proxy rules any solicitation by or on behalf of any person who does not seek directly or indirectly, either on its own or another's behalf, the power to act as proxy for a shareholder and does not furnish or otherwise request, or act on behalf of a person who furnishes or requests, a form of revocation, abstention, consent, or authorization in an electronic shareholder forum that is established, maintained or operated by a company, shareholder, or a third party acting on a company's or shareholder's behalf. 35 34 *Id.* 35 *See* Exchange Act Rule 14a-2(b)(6). A solicitation on an electronic shareholder forum will be exempt so long as it occurs more than 60 days prior to the date announced by the company for its annual or special meeting of shareholders. If the company announces the meeting less than 60 days before the meeting date, the solicitation may not occur more than two days following the company's announcement. 36 We are adopting the limitations to the exemption because, although an electronic shareholder forum should provide a medium for, among other things, open discussion, debate, and the conduct of referenda, the actual solicitation of proxy authority for an upcoming meeting should be conducted in full compliance with the proxy rules. Any proxies obtained prior to the application of our proxy rules will not benefit from the full and fair disclosure required under the regulations. 36 The proposal would not affect the application of any other exemptions under Regulation 14A. For example, a person could rely on the other applicable exemptions in Exchange Act Rule 14a-2 (17 CFR 240.14a-2). A person who participates in an electronic shareholder forum and makes solicitations in reliance on the Rule 14a-2(b)(6) exemption will be eligible to solicit proxies after the date that the exemption is no longer available, or is no longer being relied upon, provided that any such solicitation complies with Regulation 14A. In fact, it is for this reason that Rule 14a-2(b)(6) is necessary. Existing Rule 14a-2(b)(1) 37 provides that most of the proxy rules do not apply to “[a]ny solicitation by or on behalf of any person who does not, at any time during such solicitation, seek directly or indirectly, either on its own or another's behalf, the power to act as proxy for a security holder and does not furnish or otherwise request, or act on behalf of a person who furnishes or requests, a form of revocation, abstention, consent or authorization.” 37 17 CFR 240.14a-2(b)(1). Therefore, statements on an electronic shareholder forum could be exempt under Rule 14a-2(b)(1), even if these amendments were not adopted. Once an exempt solicitation is made under Rule 14a-2(b)(1), however, the individual making the solicitation cannot later request proxy authority. Consequently, Rule 14a-2(b)(6) states that a person who participates in an electronic shareholder forum and makes a solicitation in reliance on this rule can later solicit proxies without threatening the exemption's validity. We believe that exempting participation in an electronic shareholder forum only up until 60 days before an annual or special meeting will limit the potential for abuse, and therefore we are adopting the 60-day limitation. 38 Communications within an electronic shareholder forum that occur less than 60 days prior to the annual or special meeting, or more than two days after the announcement of the meeting if the announcement is made less than 60 days prior to the meeting date, will continue to be treated as they were under the proxy rules prior to these amendments. We recognize the concern that, as one commenter noted, 60 days may not be “sufficient practical protection against the ability of a coordinated campaign to so color shareholder perceptions as to make the vote a likely, if not foregone, conclusion.” 39 38 Sixty days corresponds with the maximum amount of time prior to a scheduled meeting that the company may fix the record date for determining the stockholders entitled to notice of, or to vote at, a meeting under the Delaware Code. *See* Del. Code title 8, § 213 (2007). 39 *See* comment letter from ABA. We believe that the 60 day cut-off period will provide sufficient time for shareholders to consider the information disclosed to them about a planned shareholder meeting. We also believe that removing obstacles to shareholder participation in electronic forums outweighs the potential for such communications to impact a shareholder's vote. Of course, persons relying on Rule 14a-2(b)(6) who later solicit proxy authority will need to comply with other Commission rules as applicable. Additionally, although commenters did not request specifically that we provide guidance on the potential proxy rule implications of stored communications available on a forum after the 60-day period, one commenter referenced this subject. 40 In this regard, shareholders who post communications on forums in reliance on Rule 14a-2(b)(6) and later solicit the power to act as a proxy for a shareholder will need to determine whether the earlier postings must be filed as soliciting materials. For instance, it is possible that earlier postings remaining available to shareholders could be “reasonably calculated to result in the procurement, withholding or revocation of a proxy.” 41 Therefore, any communications made, or that remain available, on the forum after the 60-day period must comply with the proxy rules if they constitute a solicitation, unless they fall within an existing exemption. One way that a forum might deal with this question is to give participants the opportunity to delete their postings as of the 60-day cut-off, or have the forum “go dark” during this period. 42 40 *See* comment letter from SunTrust. 41 17 CFR 240.14a-1(l)(1)(iii). 42 Of course, if a person begins soliciting proxies earlier than the 60-day cut-off period, that person would no longer have the benefits of the exemption and would therefore need to comply with the proxy rules, including perhaps by filing any available postings as soliciting materials or removing prior postings from the forum. The second major obstacle to the use of electronic shareholder forums is the concern that one who establishes, maintains, or operates the forum will be liable under the federal securities laws for statements made by forum participants. With respect to the establishment of such forums, which can be conducted and maintained in any number of ways, new Rule 14a-17 clarifies that a shareholder or company (or third party acting on behalf of a shareholder or company) that establishes, maintains, or operates an electronic shareholder forum is not liable for statements made by another person participating in the forum. 43 43 17 CFR 240.14a-17(b). The persons providing information to or making statements on an electronic shareholder forum, however, will remain liable for the content of those communications under traditional liability theories in the federal securities laws, such as those in Section 17(a) of the Securities Act and Section 10(b), Rule 10b-5, Rule 14a-9, and Section 20(e) of the Exchange Act. The prohibitions in the antifraud provisions against primary or secondary participation in fraud, deception, or manipulation will continue to apply to those supplying information to the site, and claims will not face any additional obstacles because of the new rule. Also, any other applicable federal or state law will continue to apply to persons providing information or statements to an electronic shareholder forum. As adopted, new Rule 14a-17 provides liability protection for all shareholders, companies, and third parties acting on behalf of a shareholder or company that establish, maintain, or operate an electronic shareholder forum under the federal securities laws, provided that the forum is conducted in compliance with the federal securities laws, applicable state law and the company's charter and bylaws. The proposed rule would have applied only to companies and shareholders, but we believe it is appropriate to expand liability protections to other types of forum sponsors or operators, such as Internet service providers and shareholder or corporate associations, acting at the request, and on the behalf, of a shareholder or company. As noted above, liability under the federal securities laws for statements made on an electronic shareholder forum is one area of concern for shareholders, companies, or third parties acting on behalf of a shareholder or company when making the decision about whether to establish such a forum. The main purpose of Rule 14a-17 is to protect the person establishing, maintaining, or operating an electronic shareholder forum from liability under the federal securities laws in much the same way that the federal telecommunications laws protect an interactive computer service. 44 44 *See* Section 230(c)(1) of the Telecommunications Act of 1996 (47 U.S.C. 230(c)(1)) (“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”). The protection against liability in Section 230(c)(1) would presumably also apply to providers and users of electronic shareholder forums. Commenters suggested certain other changes to the proposed rules. For instance, one commenter questioned whether statements made in reliance on Rule 14a-2(b)(6) are in fact solicitations as defined in Rule 14a-1(l), 45 and why the antifraud provisions of Rule 14a-9 and the filing requirements of Rule 14a-6 did not apply to such statements. 46 We believe that statements posted on an electronic shareholder forum may constitute a solicitation as defined in Rule 14a-1(l) and that is why we are adopting Rule 14a-2(b)(6) as an exemption from most of the proxy rules for such postings and specifically designating which proxy rules would apply to the postings. 45 17 CFR 240.14a-1(l). 46 *See* comment letter from SunTrust. We also considered whether certain persons who rely on the new Rule 14a-2(b)(6) exemption should be required to file a notification with the Commission. We concluded that filing such a notification would be unnecessary because the postings made in reliance on new Rule 14a-2(b)(6) will be limited to postings made in a shareholder forum by persons who are not seeking, directly or indirectly, the power to act as a proxy for a shareholder and to those made more than 60 days before any meeting of shareholders. Further, one commenter highlighted the need for persons who may rely on the exemption in Rule 14a-2(b)(6) to give consideration to the impact of the postings under other Commission rules and regulations. In particular, the commenter cited the potential implications of electronic shareholder forum postings on Regulation 13D beneficial ownership reporting. 47 Again, we agree that any person relying on Rule 14a-2(b)(6) would need to assess whether compliance with other Commission rules and regulations is required. For instance, communications among shareholders in an electronic shareholder forum for the purpose of acquiring, holding, voting, or disposing of the equity securities of a company might result in the formation of a group for purposes of Regulation 13D. 48 Also, soliciting activities may impact the eligibility to file a Schedule 13G. 49 47 *See* comment letter from ABA. 48 17 CFR 240.13d-5. 49 *See* Release No. 34-39538 (January 12, 1998) [63 FR 2854], Section G (Shareholder Communications and Beneficial Ownership Reporting). In conclusion, we intend to remove legal ambiguity that might inhibit shareholders, companies, or third parties acting on behalf of a shareholder or company from the energetic pursuit of this mode of communication. We also intend that the amendments will encourage shareholders, companies, or third parties acting on behalf of a shareholder or company to take advantage of electronic shareholder forums to facilitate better communication among shareholders and between shareholders and companies. IV. Paperwork Reduction Act The proxy rules constitute a “collection of information” requirement within the meaning of the Paperwork Reduction Act of 1995, the PRA. 50 The amendments described in this release relate to a previously approved collection of information, “Proxy Statements—Regulation 14A (Commission Rules 14a-1 through 14a-16 and Schedule 14A (OMB Control No. 3235-0059).” Regulation 14A was adopted pursuant to the Exchange Act and sets forth the disclosure requirements for proxy statements filed by companies to help shareholders make informed voting decisions. We do not believe that the amendments to Rule 14a-2, or the creation of new Rule 14a-17, require any revision to our current burden estimates for Regulations 14A or impose any new recordkeeping or information collection requirements under the PRA that require approval of the Office of Management and Budget, the OMB. 50 44 U.S.C. 3501 *et seq* . V. Cost-Benefit Analysis We are adopting amendments to the proxy rules under the Exchange Act to facilitate electronic shareholder forums by removing legal ambiguity under the federal securities laws that might deter shareholders, companies, or third parties acting on a shareholder's or company's behalf from establishing or contributing to such forums. These amendments clarify that participation in an electronic shareholder forum which potentially could constitute a proxy solicitation subject to the proxy rules, is exempt from most of the proxy rules if the conditions to the exemption are satisfied. In addition, these amendments state that a shareholder, company, or third party acting on a shareholder's or company's behalf that establishes, maintains, or operates an electronic shareholder forum generally will not be liable under the federal securities laws for any statement or information provided by another person participating in the forum. A. Benefits The most important benefit of the amendments that we are adopting is that they will eliminate a regulatory obstacle to electronic shareholder forums which hold the potential to significantly improve communications among shareholders and between shareholders and the companies they own. As a result of the amendments, shareholders and companies may be more willing to create or sponsor these forums, because the regulatory and liability regime will be more clearly defined. Among the potential benefits to shareholders and companies are cheaper, more timely, and more relevant exchanges of information among shareholders and between shareholders and companies. Electronic shareholder forums could generate attention for sound proposals that could increase the value of share ownership, and they could filter out proposals not supported by other shareholders. They could also help disparate shareholders form stronger coalitions and coordinate their voices. 51 These forums can also better educate or otherwise inform shareholders with respect to the issues that will likely come up through proxy solicitations during the 60 days prior to an annual meeting. 51 Of course, communications among shareholders in an electronic shareholder forum for the purpose of acquiring, holding, voting, or disposing of the equity securities of a company might result in the formation of a group for purposes of Regulation 13D. 17 CFR 240.13d-5. Also, soliciting activities may impact the eligibility to a file a Schedule 13G. *See* Release No. 34-39538 (January 12, 1998) [63 FR 2854], Section G (Shareholder Communications and Beneficial Ownership Reporting). In this regard, the majority of the amendments' benefits flow from the potential reduction in costs of collective action among shareholders and the potential reduction of costs in communications between shareholders and companies if there is more extensive use of electronic forums. For example, a shareholder who does not agree with a corporate policy and therefore is considering taking steps to have the company change that policy may not be able to easily and inexpensively survey other shareholders and determine their sentiments regarding the policy. Therefore, that shareholder presently has to decide whether to take the costly steps of opposing the company's action by submitting a non-binding proposal or running a proxy contest without having the benefit of knowing whether the initiative is favored or will be supported by other shareholders. Electronic shareholder forums may reduce communication and coordination costs among shareholders and also reduce companies' costs in replying if they choose to do so. A shareholder seeking to submit a non-binding proposal or conduct a proxy contest may be encouraged or discouraged from doing so in accordance with the better information that he or she will have acquired, at little or no cost, about the preference of other shareholders. And if a proposal is enthusiastically supported by a significant number of shares, the company might take notice and voluntarily adopt it; again, saving the shareholder considerable expense and benefiting the company and its shareholders overall. Even if the company does not voluntarily adopt an initiative that reflects strong shareholder sentiment, knowledge of this fact by other shareholders will make it more likely that the initiative will be submitted and adopted. Shareholders may be encouraged to run successful proxy contests to pursue such changes, or management may be more responsive to the concerns in other ways. Thus, shareholders may benefit from a closer alignment between management and the interests of shareholders. Another way that shareholders and companies may benefit from the amendments is that they could have more information to use in evaluating initiatives submitted for their consideration by other shareholders or by management. This information could be available at little or no incremental cost and could be readily accessible and searchable because it is in electronic form. Therefore, the amendments may reduce the cost of monitoring issues among shareholders. Finally, more extensive use of electronic shareholder forums may be a step towards improving the informational efficiency of the market generally. B. Costs There are several potential costs to shareholders of implementing the amendments to the proxy rules, although all such costs would be voluntarily undertaken. One immediate cost of an electronic shareholder forum is that of maintaining and operating it. Although empirical data are not available for the exact costs of operating electronic shareholder forums, based on comparable costs of maintaining interactive Web sites, the costs of starting and maintaining a basic shareholder forum are not expected to be high. As more complicated features are included in a forum by its operators, such as eligibility verification procedures, anonymous accountability programs, and share ownership displays, costs could be expected to increase accordingly. Again, however, the decision to establish, operate, or maintain an electronic shareholder forum, and to add more expensive features, is voluntary. Additionally, to the extent that the amendments to the proxy rules we are adopting result in an increase in the number of electronic forums, there could be increased costs related to the additional time that a shareholder or company chooses to spend monitoring, processing, and considering information that is posted on the forums. These costs will generally correspond to the number of shareholders using the forums, the frequency with which those shareholders post information on the forums, and the level of attention that shareholders or companies choose to pay to the ideas and opinions of the shareholders. Should a company choose to sponsor or use an electronic shareholder forum, the company, and derivatively its shareholders, would bear the associated costs. If the company or its shareholders used the forum to conduct shareholder polls or surveys, the costs of the forums would be commensurately higher due to the time and effort necessary to accurately determine the results. Moreover, because electronic shareholder forums may generally reduce the cost of communication among shareholders and between shareholders and companies, they may increase the frequency of that communication and thus, incidentally, the subset of that communication that constitutes misstatements, whether made intentionally or unintentionally. This could increase the costs of the forums to companies or shareholders. Although shareholders are held liable under the federal securities laws for fraudulent statements made on the forums, at least one commenter still expressed a concern that fraudulent information may lead to problems for a company, such as changes in stock prices, 52 which could increase costs to shareholders. 52 *See* , *e.g.* , comment letter from Domini. It should be noted, however, that the opportunity for online fraudulent misstatements is not new, as a number of shareholder forums exist online already, and there is nothing in the nature of electronic shareholder forums that should attract misstatements in greater numbers than other more public areas of the Internet. Regardless, it is possible that misstatements on an electronic shareholder forum could be taken more seriously in cases where the forum is restricted, for example, to only shareholders and the company. Even so, given the inevitability of occasional miscommunication, an electronic forum in which both the shareholders and the company participate may provide a means to quickly dispel any misleading information. Another potential cost is that shareholders may have less complete information with which to evaluate proposals than they would have otherwise because the amendment facilitates solicitation, outside the 60-day period prior to an annual or special meeting, without mandating extensive disclosure about the identity and the ownership of the participants that would occur otherwise. Because disclosures of this type may in some instances provide other shareholders with valuable information regarding possible motivations behind proposals that they would not otherwise receive, shareholders currently benefit from the proxy rules mandating such disclosure. Under the current rulemaking, some solicitations that would ordinarily be accompanied by these additional disclosures would proceed without them. The magnitude of this cost of lost information, however, depends on the extent to which shareholders have easy access to substitute sources of information and to the extent the information is material to the actions of shareholders and companies in the proxy voting process. Finally, a shareholder that cannot, or chooses not to, use the Internet may be disadvantaged by not being able to fully participate in this form of dialogue among shareholders and between shareholders and the company. As a result, these shareholders may incur costs associated with adjusting to the use of electronic forums or in searching for the information being conveyed on the electronic forums in another medium. Alternatively, a shareholder who has never used the Internet but feels compelled to do so because of an electronic shareholder forum would incur the costs of obtaining Internet access. These costs, however, are similar to those that shareholders already must incur in to participate in existing electronic forums. Nonetheless, it is possible that if electronic shareholder forums are restricted to shareholders and companies, they will be considered more relevant and meaningful than existing forums that are available to any person. The costs to shareholders not willing or able to use electronic shareholder forums could be offset to some degree by the fact that other shareholders with whom they share a common financial interest may take advantage of the forums to propose initiatives and make their sentiments known to the company. 53 53 Also, a forum operator, or a forum participant, could choose to mail notice of important developments on the electronic shareholder forum to shareholders who are not willing or able to use the technology. VI. Consideration of Burden on Competition and Promotion of Efficiency, Competition, and Capital Formation Section 23(a)(2) of the Exchange Act 54 requires us, when adopting rules under the Exchange Act, to consider the impact that any new rule would have on competition. In addition, Section 23(a)(2) prohibits us from adopting any rule that would impose a burden on competition not necessary or appropriate in furtherance of the purposes of the Exchange Act. Section 3(f) of the Exchange Act 55 and Section 2(c) of the Investment Company Act of 1940 56 requires us, whenever we engage in rulemaking and are required to consider or determine if an action is necessary or appropriate in the public interest, also to consider whether the action will promote efficiency, competition, and capital formation. 54 15 U.S.C. 78w(a)(2). 55 15 U.S.C. 78c(f). 56 15 U.S.C. 80a-2(c). By removing legal ambiguity, we anticipate the rules will promote efficiency in shareholder communications. Electronic shareholder forums may reduce communication costs and coordination costs among shareholders and also reduce companies' costs in replying if they choose to do so. Finally, more extensive use of electronic shareholder forums may be a step towards improving the informational efficiency of the market generally. To the extent shareholders express interest in starting or participating in forums, competition among service providers to host or operate the forums may increase. We do not anticipate any effect on capital formation. VII. Final Regulatory Flexibility Act Analysis This Final Regulatory Flexibility Act Analysis, the FRFA, has been prepared in accordance with the Regulatory Flexibility Act. 57 This FRFA relates to new Rule 14a-17 and the new Rule 14a-2 exemption, which will facilitate greater online interaction among shareholders and their companies by removing some obstacles to the use of electronic shareholder forums. These amendments to the proxy rules clarify that a shareholder, company, or third party acting on a shareholder's or company's behalf that establishes, maintains, or operates an electronic shareholder forum is not liable for statements made by another person or entity participating in the forum. Also, the amended rules exempt any solicitation in an electronic shareholder forum from the proxy rules, other than from the shareholder list provisions in Rule 14a-7 and the antifraud provisions in Rule 14a-9, if all of the conditions to the exemption are satisfied. An Initial Regulatory Flexibility Act Analysis was prepared in accordance with the Regulatory Flexibility Act and included in the Proposing Release. 57 5 U.S.C. 601. A. Need for the Amendments These amendments to the proxy rules are necessary to remove legal ambiguity that might deter shareholders, companies, and others from establishing or participating in electronic shareholder forums. New Rule 14a-17 and the new Rule 14a-2(b)(6) exemption will clarify the responsibilities of those who establish, maintain, operate, and contribute to electronic shareholder forums, with the purpose of stimulating experimentation, innovation, and greater use of the Internet to further shareholder communications. By facilitating such communications on the Internet among shareholders, and between shareholders and their companies, we hope to tap the potential of technology to better vindicate shareholders' state law rights, including their rights to elect directors, in ways that are potentially both more effective and less expensive. Despite the potential benefits of electronic shareholder forums, shareholders and companies alike have been reluctant to establish, maintain, or operate them due, in part, to uncertainty over liability for statements and information provided by those participating in the forum. In addition, shareholders and companies have expressed concern regarding whether views and statements expressed through a forum would be considered proxy solicitations. Therefore, we are adopting Rule 14a-17 to provide liability protection for a shareholder, company, or third party acting on behalf of a shareholder or company that establishes or maintains an electronic shareholder forum regarding statements or information provided by others participating in the forum. Also, we are adopting the new Rule 14a-2(b)(6) exemption from the proxy rules to explicitly state that Rules 14a-3 through 14a-6 (other than Rule 14a-6(g)), Rule 14a-8, and Rules 14a-10 through 14a-15 do not apply to any solicitation in an electronic shareholder forum. By taking these steps, we hope to remove both real and perceived impediments to continued private sector experimentation with, and use of, the Internet for communication among shareholders, and between shareholders and the companies in which they invest. We intend for the amendments to encourage the creation of, and participation in, electronic shareholder forums. B. Significant Issues Raised by Public Comments In the Proposing Release, we published for comment a number of amendments to the proxy rules under the Exchange Act concerning shareholder proposals generally. The description of the proposed amendments regarding electronic shareholder forums constituted only one section of the release. 58 In this release, we are adopting only the proposed amendments to the proxy rules that relate to electronic shareholder forums and not the proposed amendments dealing with other aspects of shareholder proposals. 58 Proposing Release, Section II.B (Electronic Shareholder Forums). The majority of the public comment regarding electronic shareholder forums was favorable. 59 Generally, the commenters favored the exemption and new rule because they support the continued development of electronic shareholder forums as a means of facilitating communication among shareholders and between shareholders and companies. 60 A substantial percentage of the commenters opposed substituting electronic shareholder forums for the current means of presenting non-binding shareholder proposals in the company's proxy statement pursuant to Rule 14a-8. Although we solicited comment on the idea of using electronic shareholder forums as the sole means to present non-binding shareholder proposals to shareholders, several of the commenters made it clear that they supported electronic shareholder forums provided that the forums were a supplement to, and not a replacement for, the current Rule 14a-8 process. 61 Under the final rules, electronic shareholder forums will be an additional, rather than substitute, means of communication. 59 *See* , *e.g.* , comment letters from Allstate, BRT, Capital Research, GreenMachines, and ICI. 60 *See* , *e.g.* , comment letter from Calvert, Senator Levin, and Van Winthrop. 61 *See* , *e.g.* , comment letters from Christus, Domini, and Trillium. Additionally, some commenters believed that keeping the identity of shareholders who post messages on these electronic forums anonymous would threaten meaningful communications among shareholders and the company. 62 These commenters asserted that shareholders' identities should be disclosed and that the shareholders' ownership interests in the company should be made known as well. The rule amendments that we are adopting today neither mandate nor preclude anonymous communications because we want to allow forum sponsors to have flexibility in creating electronic shareholder forums and to encourage innovation and experimentation. 62 *See comment* letters from ABA and Christian Brothers. Despite the generally favorable reaction, some commenters were concerned about possible negative consequences of the amendments. First, some commenters worried that the electronic shareholder forums could develop into shareholder chat rooms, which may not provide for meaningful communication. 63 Other commenters asserted that we did not adequately address whether shareholders and others could wage a successful, coordinated proxy campaign beyond the 60-day period during which the regular proxy rules would not apply. 64 Finally, some commenters suggested that we analyze the issue further and address electronic shareholder forums as part of a more comprehensive study reviewing the shareholder communications process. 65 63 *See* , *e.g.* , comment letters from Bricklayers, Green Century, SIF, and Walden. 64 *See* comment letters ABA and SunTrust. 65 *See* comment letters from ABA and SCSGP. In the Proposing Release, we requested comment on many aspects of the proposed amendments to the proxy rules concerning shareholder proposals generally, including the number of small entities that would be affected by the proposed amendments, and the quantitative and qualitative nature of the impact. Commenters, including the Office of Advocacy of the Small Business Administration, addressed several aspects of the proposed rule amendments that potentially could have affected small entities. However, none of the commenters specifically discussed the effect of the proposed amendments regarding electronic shareholder forums on small businesses or entities. In particular, because the electronic shareholder forums authorized by the amendments that we are adopting are entirely voluntary, we believe that they will beneficially affect small businesses and entities in the same manner that they will beneficially affect larger businesses and entities. This is because presumably, only those businesses and entities that find them beneficial will choose to use them. C. Small Entities Subject to the Final Amendments The amendments that we are adopting in this release will affect only shareholders and companies that voluntarily establish, maintain, or operate electronic shareholder forums or that post information on, or provide information to, such forums. Some of the companies or shareholders may be small entities. Exchange Act Rule 0- 10(a) defines an issuer, other than an investment company, to be a “small business” or “small organization” if it had total assets of $5 million or less on the last day of its most recent fiscal year. We estimate that there are approximately 1,110 issuers, other than investment companies, that may be considered small entities. We are adopting the amendments to the proxy rules to facilitate electronic shareholder forums by clarifying that participation in a forum, which could potentially constitute a proxy solicitation subject to the proxy rules, is exempt from most of the proxy rules if the shareholder or company satisfies all of the conditions to the exemption. Also, we are facilitating electronic shareholder forums by clarifying that any shareholder, company, or third party acting on behalf of a shareholder or company that establishes, maintains, or operates an electronic shareholder forum will not solely because of establishing, maintaining, or operating the forum be liable under the federal securities laws for any statement or information provided by another person participating in the forum. The amendments remove legal ambiguity that might deter shareholders and companies from relying on this mode of communication. The amendments that we are adopting only apply to shareholders, companies, or third parties acting on their behalf if they choose to establish, maintain, operate, or participate in electronic shareholder forums. We are not requiring a small entity to have any involvement with electronic shareholder forums. We are only clarifying the liability provisions for establishing, maintaining, or operating such a forum and providing an exemption for forum communications that fall within the broad definition of a solicitation. D. Reporting, Recordkeeping, and Other Compliance Requirements The amended rules do not impose any new reporting, recordkeeping, or compliance requirements on small entities. In fact, a small entity is not required to take any reporting or recordkeeping action or to comply with any other new requirements, unless it chooses to rely on the new Rule 14a-2(b)(6) exemption. If a small entity or shareholder posts information on a forum in reliance on Rule 14a-2(b)(6), and later solicits the power to act as a proxy for a shareholder, it will need to determine whether any earlier postings remaining on the forum after the Rule 14a-2(b)(6) exemption no longer is available must be filed as soliciting materials. 66 Regardless, if small entities choose to do nothing regarding electronic shareholder forums, the amended proxy rules have no additional reporting, recordkeeping, or other compliance requirements that they must follow. 66 *See* 17 CFR 240.14a-1(l)(1)(iii). E. Agency Action To Minimize Effect on Small Entities The Regulatory Flexibility Act directs us to consider alternatives that would accomplish our stated objectives, while minimizing any significant adverse impact on small entities. Our objective in adopting the amendments is to facilitate electronic shareholder forums by clarifying that participation in a forum is exempt from most of the proxy solicitation rules if the participant satisfies all of the exemption's conditions, and that forum operators are not liable for third-party statements on their forums. The amendments impact small entities only if the entities choose to involve themselves in the forums by establishing, maintaining, or operating them or by posting information on or providing information to the forums. We considered alternatives to accomplish our stated objective, but we could not think of one that would make electronic shareholder forums more useful to small entities because these amendments are voluntary and affect small entities only if they chose to participate in them. VIII. Statutory Basis and Text of the Rules and Amendments We are adopting amendments pursuant to Sections 14, 23(a), and 36 of the Exchange Act, as amended, and Sections 20(a) and 38 of the Investment Company Act of 1940, as amended. List of Subjects 17 CFR Part 240 Reporting and recordkeeping requirements, Securities. In accordance with the foregoing, the Securities and Exchange Commission amends Title 17, chapter II of the Code of Federal Regulations as follows: PART 240—GENERAL RULES AND REGULATION, SECURITIES EXCHANGE ACT OF 1934 1. The authority citation for part 240 continues to read, in part, as follows: Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78 *l* , 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78 *ll* , 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201, *et seq.* ; and 18 U.S.C. 1350, unless otherwise noted. 2. Section 240.14a-2 is amended by adding paragraph (b)(6) to read as follows: § 240.14a-2 Solicitations to which § 240.14a-3 to § 240.14a-15 apply.
(b)* * *
(6)Any solicitation by or on behalf of any person who does not seek directly or indirectly, either on its own or another's behalf, the power to act as proxy for a shareholder and does not furnish or otherwise request, or act on behalf of a person who furnishes or requests, a form of revocation, abstention, consent, or authorization in an electronic shareholder forum that is established, maintained or operated pursuant to the provisions of § 240.14a-17, provided that the solicitation is made more than 60 days prior to the date announced by a registrant for its next annual or special meeting of shareholders. If the registrant announces the date of its next annual or special meeting of shareholders less than 60 days before the meeting date, then the solicitation may not be made more than two days following the date of the registrant's announcement of the meeting date. Participation in an electronic shareholder forum does not eliminate a person's eligibility to solicit proxies after the date that this exemption is no longer available, or is no longer being relied upon, provided that any such solicitation is conducted in accordance with this regulation. 3. Add § 240.14a-17 to read as follows: § 240.14a-17 Electronic shareholder forums.
(a)A shareholder, registrant, or third party acting on behalf of a shareholder or registrant may establish, maintain, or operate an electronic shareholder forum to facilitate interaction among the registrant's shareholders and between the registrant and its shareholders as the shareholder or registrant deems appropriate. Subject to paragraphs
(b)and
(c)of this section, the forum must comply with the federal securities laws, including Section 14(a) of the Act and its associated regulations, other applicable federal laws, applicable state laws, and the registrant's governing documents.
(b)No shareholder, registrant, or third party acting on behalf of a shareholder or registrant, by reason of establishing, maintaining, or operating an electronic shareholder forum, will be liable under the federal securities laws for any statement or information provided by another person to the electronic shareholder forum. Nothing in this section prevents or alters the application of the federal securities laws, including the provisions for liability for fraud, deception, or manipulation, or other applicable federal and state laws to the person or persons that provide a statement or information to an electronic shareholder forum.
(c)Reliance on the exemption in § 240.14a-2(b)(6) to participate in an electronic shareholder forum does not eliminate a person's eligibility to solicit proxies after the date that the exemption in § 240.14a-2(b)(6) is no longer available, or is no longer being relied upon, provided that any such solicitation is conducted in accordance with this regulation. Dated: January 18, 2008. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E8-1263 Filed 1-24-08; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2007-0179] RIN 1625-AA08 Special Local Regulations; Recurring Marine Events in the Seventh Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is creating special local regulations to regulate recurring marine events in the Seventh Coast Guard District. These regulations will apply to all permitted events listed on the table attached to the regulation, and include events such as regattas, parades, and fireworks displays. These regulations are being created to reduce the Coast Guard's administrative workload and expedite public notification of events. DATES: This rule is effective 30 days after publication in the **Federal Register** . ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket [USCG-2007-0179] and are available for inspection or copying at the Brickell Plaza Federal Building, Miami, FL, between 8 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LTJG John Lisko, U.S. Coast Guard District Seven Waterways Management Division,
(305)415-6730. SUPPLEMENTARY INFORMATION: Regulatory Information On November 13, 2007, we published a notice of proposed rulemaking
(NPRM)entitled Special Local Regulations; Recurring Marine Events in the Seventh Coast Guard District **Federal Register** (72 FR 63839) under Docket No. CGD07-07-102. We received no letters in the mail commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose Marine events are frequently held on the navigable waters within the boundary of the Seventh Coast Guard District. These include events such as sailing regattas, holiday parades, and fireworks displays. Currently, there are over 250 annually recurring marine events and many other non-recurring events within the district. In the past, the Coast Guard regulated these events by creating individual special local regulations on a case by case basis. Most of these events required only the establishment of a regulated area and assignment of a patrol commander to ensure safety. Issuing individual, annual special local regulations has created a significant administrative burden on the Coast Guard. In 2005, the Coast Guard created over 60 temporary regulations for recurring marine events in the Seventh District. That number rose to over 110 in 2006 and over 160 in 2007. Additionally, for the majority of these events, the Coast Guard does not receive notification of the event or important details of the event are not finalized by event organizers with sufficient time to publish a notice of proposed rulemaking and final rule before the event date. The Coast Guard must therefore create temporary final rules that sometimes are not completed until a few days before the event. This results in delayed notification to the public, potentially placing the public and event participants at risk. This rule will significantly relieve the administrative burden on the Coast Guard, and at the same time allow the sponsor of the event and the Coast Guard to notify the public of these events in a timely manner. The public will be provided with notice of events through the table attached to this regulation. This table lists each recurring event that may be regulated by the Coast Guard, and indicates the sponsor, as well as the date and location of the event. Because the dates and location of these events may change slightly from year to year, the specific information on each event, including the exact dates, specific areas, and description of the regulated area, will be provided to the public through a Local Notice to Mariners published before the event, as well as through Broadcast Notice to Mariners. This table will be updated by the Coast Guard periodically to add new recurring events, remove events that no longer occur, and update listed events to ensure accurate information is provided. Discussion Comments and Change No comments were received. However, slight changes were made to proposed events to clarify dates and sponsors. In the Captain of the Port Zone Key West the date for Marathon Super Boat Grand Prix was updated to the 3rd Weekend of May (FRI-SUN). The date for the FKCC Swim around Key West was updated to the 3rd Saturday in June. These changes were made to add information to the events for increased public knowledge. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the areas where marine events are being held. This proposed regulation will not have a significant impact on a substantial number of small entities because it will only be enforced on marine events that have been permitted by the Coast Guard Captain of the Port. The Captain of the Port will ensure that small entities are able to operate in the areas where events are occurring. Additionally, in most cases, vessels will be able to safely transit around the regulated area at all times, and, with the permission of the Patrol Commander, vessels may transit through the regulated area. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT . The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule does not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. This rule fits the category of paragraph 34(h) because it creates special local regulations for regattas and marine parades. Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Check List” is not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 100 Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—REGATTAS AND MARINE PARADES 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a new § 100.701 to read as follows: § 100.701 Special Local Regulations; Marine Events in the Seventh Coast Guard District The following regulations apply to the marine events listed in Table 1 of this section. These regulations will be effective annually, for the duration of each event listed in Table 1. Annual notice of the exact dates and times of the effective period of the regulation with respect to each event, the geographical area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will also be published in the local notice to mariners and broadcast over VHF.
(a)*Definitions* . The following definitions apply to this section: *Patrol Commander* . A Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector Commander to enforce these regulations. *Spectators* . All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(b)*Event Patrol* . The Coast Guard may assign an event patrol, as described in § 100.40 of this part, to each regulated event listed in the table. Additionally, a Patrol Commander may be assigned to oversee the patrol. The event patrol and Patrol Commander may be contacted on VHF Channel 16.
(c)*Special Local Regulations* .
(1)The Coast Guard Patrol Commander may forbid and control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.
(2)The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property.
(3)Only event sponsor designated participants and official patrol vessels are allowed to enter the regulated area.
(4)Spectators are only allowed inside the regulated area if they remain within a designated spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area at safe speed and without loitering.
(d)*Contact Information* . Questions about marine events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Captain of the Port zone, please see subpart 3.35 of this chapter.
(1)Captain of the Port Charleston, South Carolina:
(843)724-7616.
(2)Captain of the Port Savannah, Georgia:
(912)652-4353.
(3)Captain of the Port Jacksonville, Florida:
(904)247-7318.
(4)Captain of the Port Miami, Florida:
(305)535-8701.
(5)Captain of the Port Key West, Florida:
(305)292-8779.
(6)Captain of the Port Sector St. Petersburg, Florida:
(727)824-7506.
(7)Captain of the Port San Juan, Puerto Rico:
(787)289-2041.
(e)*Application for Marine Events* . The application requirements of § 100.15 of this part apply to all events listed in Table 1. For information on applying for a marine event, contact the Captain of the Port for the area in which the event will occur, at the phone numbers listed above. Table 1 to Sec. 100.701 Date Event Sponsor Location COTP Zone Miami January—1st weekend Levin Memorial Regatta Biscayne Bay Star Fleet Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Fort Lauderdale Boomerang Regatta Lauderdale Yacht Club Atlantic Ocean .5 nautical mile offshore from .5 nautical mile south of the Port Everglades Channel to 4 nautical miles south of the Port Everglades offshore of West Lake, Port Everglades, Florida no closer than 500 feet from each vessel. January—3rd weekend Rolex Miami Olympic Sailing Race U.S. Sailing & U.S. Olympic Sailing Center Southern Biscayne Bay inside of an area from the Rickenbacker Causeway southwest to Snapper Creek Canal south to Latitude 25°32′00″ N east to Soldier Key and northeast to a position approximately 1 nautical mile east of Cape Florida, northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 feet from each vessel. February—1st weekend Commodore Rasco Snipe Class Regatta Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. March—1st week, Monday-Friday Bacardi Cup Biscayne Bay Star Fleet All waters within 1.5 nautical miles of the following center point: 25°38′16″ N Latitude; 080°13′14″ W Longitude, in southern Biscayne Bay, Miami, Florida. March—2nd weekend, Saturday and Sunday Lightenings Midwinter's Coral Reef Yacht Club Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′5″ W no closer than 500 feet from each vessel. March—2nd weekend Don Q Rum Snipe Class Regatta Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. March—2nd weekend, Saturday and Sunday Coral Cup Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. March—last weekend Shake-A-Leg Mid Winter Regatta Shake-A-Leg Foundation All waters of Biscayne Bay, from the Rickenbacker Causeway south to Latitude 25°32′00″ N, Miami, Florida no closer than 500 ft from each vessel. April—2nd or 3rd weekend Miami to Key Largo Race Miami Yacht Club Youth Sailing Foundation Biscayne Bay and Intracoastal Waterway from the Rickenbacker Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—2nd weekend Florida State Optimists Championship Regatta Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. April—2nd weekend, Saturday and Sunday Fort Lauderdale Air/Sea Show Super Boat Grand Prix Super Boat International Productions, Inc Atlantic Ocean offshore Fort Lauderdale, Florida within an area 500 yards wide 300 yards offshore from 1,500 yards north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). April—3rd weekend Miami Super Boat Grand Prix Super Boat International Productions, Inc Offshore Miami Beach, Florida, including the area within a line joining the following points: 25°46′18″ N, 080°07′51″ W; thence to, 25°46′18″ N, 080°06′49″ W; thence to, 25°51′18″ N, 080°06′12″ W; thence to, 25°51′18″ N, 080°07′11″ W; thence along the shoreline to the starting point. April—last Saturday Sunfest Fireworks Pyro Shows, Inc Intracoastal Waterway in West Palm Beach between Banyon St and Lakeview; All waters from the surface to the bottom for a radius of 1000ft centered around position Ave in position 26°42′34″ N, 080°02′47″ W. Vero Beach Yacht Club Blessing of the Fleet Blessing of the Fleet North Fork and St Lucie River, Florida no closer than 500 feet from each vessel. April, May, and June—1st weekend Hollywood Super Boat Grand Prix Super Boat International Productions, Inc Atlantic Ocean offshore Hallandale Beach, Florida in an area 400 yards wide approximately 200 yards offshore from the Hallandale Beach tank to approximately 1 nautical mile south of the Dania Town Canal. May—1st weekend C-Gull Cup Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. Fort Lauderdale Air & Sea Show Fort Lauderdale Parks and Recreation Atlantic Ocean offshore Fort Lauderdale, Florida within an area 500 yards wide 300 yards offshore from 1,500 yards north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). May—3rd weekend Pompano Beach Power Squadron Safe Boat Parade Pompano Beach Power Squadron 14th St Bridge to Sunrise Bay, Florida. May—last weekend Goombay Regatta Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′8″ W no closer than 500 feet from each vessel. July 4th American Legion Fourth of July Add-Fire Fireworks, Inc. Biscayne Bay, approx 400 ft offshore of Legion Picnic Island, Miami, Florida in approx position 25°50′02″ N, 080°10′24″ W. Fort Lauderdale Fourth of July Colonial Fireworks 1/2 NM offshore at Las Olas Blvd., Fort Lauderdale, Florida. Fort Lauderdale Yacht Club Fourth of July Colonial Fireworks Intracoastal Waterway in front of the Fort Lauderdale Yacht Club, Fort Lauderdale, Florida. City of Stuart Fourth of July Creative Fireworks Co. Intracoastal Waterway in front of Stuart City Hall, Stuart, Florida. Bayfront Park Fourth of July Firepower Displays All waters within a 1680 foot radius around approximate position 25°46′30″ N, 080°10′54″ W, in Biscayne Bay, FL. Coral Reef Yacht Club Fourth of July Firepower Displays 700 ft offshore from Vizcaya in Biscayne Bay, Miami, Florida. Fisher's Island Fourth of July Firepower Displays Offshore 840 ft from Fisher Island, Florida. Miami Beach Fourth of July Firepower Displays 840 ft offshore from Atlantic Heights, Miami Beach, Florida. Village of Key Biscayne Fourth of July Firepower Displays 1500 ft offshore from Key Biscayne in Biscayne Bay, Miami, Florida. Viscayans Fourth of July Firepower Displays 700 ft offshore from Viscaya in Biscayne Bay, Miami, Florida. Delray Beach Fourth of July Fireworks by Grucci, Inc Atlantic Ocean, 1,000 ft offshore from Delray Beach, Florida; All waters from the surface to the bottom for a radius of 840 feet centered around position 26°27′41″ N, 080°03′11″ W. Boynton Beach Fourth of July Melrose South Pyrotechnics All waters from the surface to the bottom, for 840 ft out in all directions from approximate position 26°32′52″ N, 080°02′54″ W. City of Hollywood Fourth of July Melrose South Pyrotechnics Atlantic Ocean, 1,000 ft offshore from Hollywood, Florida; All waters from the surface to the bottom for a radius of 840 feet centered around position 26°01′19″ N, 080°06′39″ W Riviera Beach Fourth of July Sparktacular Fireworks All waters within a 1400 foot diameter around approximate position 26°42′26″ N, 080°02′28″ W. Town of Lantana Fourth of July Zambelli Fireworks All waters within an 840 foot diameter in approximate position 26°35′13″ N, 080°02′50″ W. West Palm Beach Fourth of July Zambelli Fireworks All waters within a 1400 foot diameter of approximate position 26°42′26″ N, 080°02′28″ W. July—1st weekend Commodore's Cup Regatta Coconut Grove Sailing Club Biscayne Bay, 1 mile offshore from the Coconut Grove Sailing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. July—2nd weekend Dania Beach / Hollywood Super Boat Race Super Boat International Productions, Inc Waters offshore of Hollywood Beach within an area located 300 yards offshore from North Lake north to Dania Cutoff Canal going offshore aproximately 650 yards. August—3rd weekend Conch Cup Regatta Miami Yacht Club Biscayne Bay from the Rickenbacker Causeway south in the Intracoastal Waterway to the Cape Florida Channel, east around Key Biscayne and north to the Miami Channel entrance, Miami, Florida no closer than 500 feet from each vessel. October—1st weekend Columbus Day Regatta Columbus Day Regatta, Inc Southern Biscayne Bay inside of an area from 1 nautical mile south of the Rickenbacker Causeway and 1 nautical mile east of Deering Channel southwest to Snapper Creek Canal south to a point half between Soldier Key and Lewis Cut west to the chain of islands south of Soldier Key and north to 1 nautical mile south of Rickenbacker Causeway, Miami, Florida. Deerfield Beach Super Boat National Championship Super Boat International Productions, Inc Atlantic Ocean within an area 500 yards wide approximately 500 yards offshore Deerfield Beach, FL from 2 miles north of Hillsboro Inlet to .5 mile south of Boca Raton Inlet. October—2nd weekend Miami Kayak Challenge Cystic Fibrosis Foundation All waters of Biscayne Bay from Lummus Island Cut to the Rickenbacker Causeway, Miami, Florida. November—2nd weekend, Saturday and Sunday Keely Perpetual Trophy Regatta Biscayne Bay Yacht Club Biscayne Bay within an area from the Dinner Key Channel to Biscayne National Park Marker “B” to Cutter Channel Mark “2” to Biscayne National Park Marker “C” to West Featherbead Bank Channel Marker “3” to West Featherbed Bank Channel Marker “5” to Elliot Key Biscayne National Park Anchorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd or 3rd weekend Matheson Perpetual Trophy Regatta Biscayne Bay Yacht Club Biscayne Bay within an area from the Dinner Key Channel to Biscayne National Park Marker “B” to Cutter Channel Mark “2” to Biscayne National Park Marker “C” to West Featherbead Bank Channel Marker “3” to West Featherbed Bank Channel Marker “5“ to Elliot Key Biscayne National Park Anchorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd weekend PHRF SE Florida Championship Coconut Grove Sailing Club Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Viscayan's Ball Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium, Miami, Florida. December 31st Bayside New Years Add-Fire Fireworks, Inc All waters within a 1680 foot radius around a barge in position 25°46′30″ N, 080°10′54″ W. Fisher Island New Years Add-Fire Fireworks, Inc 1000 ft offshore east of Fisher Island, Florida. Hillsboro New Years Fireworks Add-Fire Fireworks, Inc 100 yds North of Hillsboro Inlet, Florida. Indian Riverside Park New Years Add-Fire Fireworks, Inc 1200 ft east of Indian Riverside Park, Jensen Beach, Florida. Greater Miami New Years Firepower Displays 1200 ft offshore from Bayfront Park, Miami Harbor, Miami, Florida. Viscayan's New Years Firepower Displays 840 ft offshore from Viscaya, Miami, Florida. December—3rd weekend Pompano Beach Boat Parade Pompano Beach Boat Parade Committee Intracoastal Waterway in Pompano Beach, Florida, from Lake Santa Barbara to Hillsboro Blvd Bridge. December—1st weekend Commodore's Cup Biscayne Bay Star Fleet Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Kiwanis of Little Havana Christmas Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium, Miami, Florida. Holiday Boat Parade of the Palm Beaches Marine Industrial Association of Palm Beach County Port of Palm Beach Turning Basin and the Intracoastal Waterway extending south from Lake Worth South LT 1 (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR 42300). Martin County Christmas Boat Parade Marine Industries Association All waters of the North and South Fork's of the St Lucie River in Stuart, Florida, starting on the north side of the State Road 60 Bridge going south to Hutchinson Island and circling back north to the State Road 60 Bridge and ending past the City of Stuart Municipal Marina. December—2nd or 3rd weekend Seminole Hard Rock Winterfest Boat Parade Winterfest, Inc All waters of the Intracoastal Waterway from the Port Everglades turning basin to the Pompano Beach Daybeacon 74 (LLNR 47230). December—2nd weekend Piana Cup Regatta Biscayne Bay Yacht Club Biscayne Bay, 2.3 nautical miles offshore from the Matheson Hammock County Park, Florida; All waters from the surface to the bottom for a radius of 1.5NM centered around position 25°39′54″ N, 080°13′12″ W no closer than 500 feet from each vessel. Boynton / Delray Beach Christmas Boat Parade Kiwanis Club Delray Beach Intracoastal Waterway from marker #46 in Boynton Beach, Florida to C-15 Canal in Delray Beach, Florida St Lucie Christmas Boat Parade Marine Industrial Association All waters of the Intracoastal Waterway and Taylor Creek in Fort Pierce, Florida, starting in the Fort Pierce turning basin and inlet area going to Taylor Creek and the Intracoastal Waterway between the North Causeway Bridge and the South Causeway Bridge. Miami Outboard Club Christmas Boat Parade Miami Outboard Club Biscayne Bay from the Miami Outboard Club on Watson Island starting from in between the MacArthur Causeway and Palm Island heading west around Palm Island and Hibiscus Island, heading east between Di Lido Island, heading east around the monument, south through Meloy Channel, west in Government Cut to Bicentennial Park, south to the Dodge Island Bridge, south in the Intracoastal Waterway to Claughton Island, circling back to the north in the Intracoastal Waterway to Watson Island, around the Island on the north side to Miami Outboard Club no closer than 500 feet from each vessel. Boca Raton Holiday Boat Parade City of Boca Raton Moving zone in New River and Intracoastal Waterway, Fort Lauderdale, Florida; from the C15 Canal in Fort Lauderdale to Hillsboro Inlet with 500 feet ahead of the lead parade vessel and 500 feet astern of the last participating parade vessel or within 50 feet on either side of the parade. December—4th weekend Orange Bowl Youth Sailing Regatta Coral Reef Yacht Club Southern Biscayne Bay inside of an area from the Rickenbacker Causeway southwest to Snapper Creek Canal south to Latitude 25°32′ N east to Soldier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel. December—last weekend Coconut Grove Sailing Club Orange Bowl Regatta Coconut Grove Sailing Club Southern Biscayne Bay inside of an area from the Rickenbacker Causeway southwest to Snapper Creek Canal south to Latitude 25°32′ N east to Soldier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel. Monthly—last weekend, Saturday and Sunday Biscayne Bay Racing Association Full Moon Regatta Biscayne Bay Yacht Racing Association Southern Biscayne Bay inside of an area from the Rickenbacker Causeway southwest to Snapper Creek Canal south to Latitude 25°32′00″ N east to Soldier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel. COTP Zone Key West January 1st Blessing of the Fleet Islamorada Charter Boat Assn From Whale Harbor Channel to Whale Harbor Bridge, Islamorada, Florida. January through April—last Monday or Tuesday Wreckers Cup Races Schooner Wharf Bar Key West Harbor to Sand Key, Florida (Gulf of Mexico side) January—3rd week, Monday-Friday Yachting Key West Race Week Premiere Racing, Inc Inside the reef on either side of main ship channel, Key West Harbor Entrance, Key West, Florida. February—1st Saturday The Bogey Florida Bay Outfitters Blackwater Sound (entire sound), Key Largo, Florida. Februarary—1st Sunday The Bacall Florida Bay Outfitters Blackwater Sound (entire sound), Key Largo, Florida. April—3rd weekend, Saturday-Sunday Miami to Key Largo Sailboat Race MYC Youth Sailing Foundation, Inc Biscayne Bay and Intracoastal Waterway from the Rickenbacker Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—last Friday Conch Republic Navy Parade and Battle Sponsor: Conch Republic All waters approximately 150 yards offshore from Ocean Key Sunset Pier, Mallory Square and the Hilton Pier within the Key West Harbor. May—3rd weekend Marathon Super Boat Grand Prix Super Boat International Productions, Inc All waters of Knight Key Channel, encompassing both the Gulf of Mexico side and the Atlantic Ocean side of the Seven Mile Bridge. June—2nd weekend FKCC Swim around Key West Florida Keys Community College Begin at Smather's Beach and swim the loop around the island back to the start approximately 50 yards offshore, Key West, Florida. July—3rd Weekend, Saturday and Sunday The Easom Cup South Eastern Ocean Racing Series (SEORS) Caesar's Creek, Everglades City, Florida. November—2nd week, Wednesday-Sunday Key West World Championship Super Boat International Productions, Inc In the Atlantic Ocean, off the tip of Key West, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance. November—first weekend, Friday-Sunday U.S. Wake Board Championships Middle Keys Events Council Sombrero Beach, Marathon, Florida; between Sister Creek and Sister Rock to approximately 500 yards offshore from Sombrero Beach. December—1st Thursday Boot Key Harbor Christmas Boat Parade Dockside Marina Boot Key Harbor (entire harbor), Marathon, Florida. December—2nd Sunday Key Colony Beach Holiday Boat Parade Key Colony Beach Community Assn Key Colony Beach, Marathon, Florida, between Vaca Cut Bridge and Long Key Bridge. December—3rd Saturday Key Largo Boat Parade Key Largo Boat Parade From Channel Marker 41 on Dusenbury Creek in Blackwater Sound to tip of Stillwright Point in Blackwater Sound, Key Largo, Florida. December—3rd Saturday Key West Lighted Boat Parade Schooner Wharf Bar All waters between Christmas Tree Island and Coast Guard Station thru Key West Harbor to Mallory Square, approximately 35 yards from shore. COTP Zone San Juan May—first Sunday Half Ironman Triathlon Sponsor: Project St. Croix, Inc St. Croix (Christiansted Harbor), U.S.V.I.: In the following position: PT1 on the shoreline at Kings Wharf at posn 17°44′51″ N 064°42′16″ W, thence north to PT2 at the southwest corner of Protestant Cay in posn 17°44′56″ N, 064°42′12″ W, then east along the shoreline to PT3 at the southeast corner of Protestant Cay in posn 17°44′56″ N, 064°42′08″ W, thence northeast to PT4 at Christiansted Harbor Channel Round Reef Northeast Junction Lighted Buoy RR in posn 17°45′24″ N, 064°41′45″ W, thence southeast to PT 5 at Christiansted Schooner Channel Lighted Buoy 5 in posn 17°45′18″ N, 064°41′43″ W, thence south to PT6 at Christiansted Harbor Channel Buoy 15 in posn 17°44′56″ N, 064°41′56″ W, thence to PT7 on the shoreline north of Fort Christiansvaem in posn 17°44′51″ N, 064°42′05″ W, thence west along the shoreline to PT1. July 4th Fireworks Display Sponsor: St. John Festival & Cul., Org St. John (West of Cruz Bay/Northeast of Steven Cay), U.S.V.I. All waters from the surface to the bottom for a radius of 200 yards centered around position 18°19′ 55″ N, 064°48′ 06″ W. July—3rd week, Sunday San Juan Harbor Swim Sponsor: Municipality of Catano San Juan Harbor, Puerto Rico PT1: La Puntilla Final, Coast Guard Base at posn 18°27′33″ N, 066°07′00″ W, then south to PT2: Catano Ferry Pier at posn 18°26′36″ N, 066°07′00″ W, then east along the Catano shoreline to PT3: Punta Catano at posn 18°26′40″ N, 066°06′48″ W, then north to PT4: Pier 1 San Juan at posn 18°27′40″ N, 066°06′49″ W, then back along the shoreline to origin at PT1. December 31st Fireworks St. Thomas, Great Bay Sponsor: Mr. Victor Laurenza, Pyrotecnico, New Castle, PA St. Thomas (Great Bay area), U.S.V.I.; All waters from the surface to the bottom for a radius of 600 feet centered around position 18°19′14″ N, 064°50′18″ W. December—1st week Christmas Boat Parade Sponsor: St. Croix Christmas Boat Committee St. Croix (Christiansted Harbor), U.S.V.I.; 200 yards off-shore around Prostestant Cay beginning in posn 17°45′56″ N 064°42′16″ W, around the cay and back to the beginning position. COTP Zone Charleston May—Morning Slack Tide on the 3rd and 4th Saturday Lowcountry Splash Logan Rutledge Cooper River/Charleston Harbor, South Carolina, including the waters of the Wando River, Cooper River, and Charleston Harbor from Hobcaw Yacht Club, in approximate position 32°49′32″ N, 079°53′81″ W, South along the coast of Mt. Pleasant, S.C., to Charleston Harbor Marina, approximate position 32°47′20″ N, 079°54′64″ W, and extending out 150 yards from shore. June—2nd week Beaufort Water Festival City of Beaufort Beaufort, South Carolina, between the Lady's Island swing bridge and Spanish Point. June-August—every Tuesday Shelter Cove Fireworks Greenwood Development Corp Shelter Cove, Hilton Head, South Carolina extending a radius of 600 feet from approximate position 32°11′10″ N, 080°43′54″ W. July 4th Sea pines resort 4th of July Seapines Plantation Harbortowne, Hilton Head, Calibogue Sound, South Carolina extending a radius of 600 feet from approximate position 32°11′10″ N, 080°43′54″ W. Patriots Point Fireworks Patriots Point Charleston Harbor, South Carolina, extending a radius of 1000 feet from approximate position 32°47′01″ N, 079°53′8″ W. Skull Creek Fireworks Hudson Seafood Skull Creek, Hilton Head, South Carolina extending a radius of 1000 feet from the approximate position 32°13′57″ N, 080°45′06″ W. City of North Charleston Fireworks City of North Charleston Cooper River, Charleston, South Carolina extending a radius of 1000 feet from approximate position 32°51′57″ N, 079°57′35″ W. Market Street Fireworks City of Charleston Charleston Harbor, South Carolina extending a radius of 1000 feet from center approximate position 32°54′01″ N, 080°08′05″ W. November—2nd week Head of the South Augusta Rowing club Upper Savannah River MM199 to MM196, Georgia. December—2nd week Charleston Harbor Christmas Parade of Boats City of Charleston Charleston Harbor, South Carolina, from Anchorage A through Shutes Folly, Horse Reach, Hog Island Reach, Town Creek Lower Reach, Ashley River, and finishing at City Marina. COTP Zone St. Petersburg January—3rd Saturday Gasparilla Children's Parade Fireworks Event Makers Hillsborough Bay within a 500 yard radius of the fireworks barge located in approximate position 27°55′04″ N, 082°29′08″ W. Gasparilla Children's Parade Air show Air Boss and Consulting Hillsborough Bay north of an imaginary line drawn at 27°55′ N, west of Davis Islands, and south of the Davis Island Bridge. January—last Saturday Gasparilla Boat Parade YE Mystic Krewe of Gasparilla Tampa Bay, Florida, including all waters of Hillsborough Bay and its tributaries north of a line drawn along latitude 27°51′18″ N. Hillsborough Cut “D” Channel, Sparkman Channel, Ybor Channel, Seddon Channel and the Hillsborough River south of the John F. Kennedy Bridge. March—last Friday, Saturday, and Sunday Honda Grand Prix Honda Motor Company and City of St. Petersburg Demons Landing St. Petersburg FL, All waters within 100 ft of the seawall. St. Pete Grand Prix Air show Honda Motor Company and City of St. Petersburg St. Petersburg FL, within two NM of the Albert Whitted Airport. April—last Sunday St. Anthony's Triathlon St. Anthony's Health Care St. Petersburg within one NM of Spa Beach. July 4th Freedom Swim None Peace River FL within two NM of the U.S. 41 Bridge July 4th and January 1st Ybor Fireworks Display Tampa Bay Attractions Association or various private entities Ybor Turning Basin within a 120 yard radius of the fireworks barge in approx. position 27°56′29″ N, 082°26′43″ W. Clearwater fireworks displays City of Clearwater Gulf Intracoastal Waterway in the vicinity of Clearwater within a 500 yard radius of the fireworks barge located in approximate position 26°58′01″ N, 082°48′15″ W. Marco Island fireworks displays City of Marco Island Gulf of Mexico in the vicinity of Marco Island within a 300 yard radius of the fireworks barge located in approximate position 25°54′36″ N, 081°45′06″ W. Venice fireworks displays City of Venice Gulf of Mexico in the vicinity of Venice Inlet within a 200 yard radius of the fireworks barge located in approximate position 27°06′44″ N, 082°28′09″ W. Beach House Restaurant fireworks displays Beach House Restaurant Gulf of Mexico in the vicinity of Bradenton Beach within a 200 yard radius of the fireworks barge located in approximate position 27°27′59″ N, 082°41′58″ W. Ft Myers fireworks displays City of Ft Myers Caloosahatchee River within a 300 yard radius of the fireworks barge located in approximate position 26°38′45″ N, 081°52′50″ W. July—1st Sunday Suncoast Offshore Grand Prix Suncoast Foundation for the Handicapped Gulf of Mexico in the vicinity of Sarasota, from New Pass to Siesta Beach out to eight NM. September—3rd Friday, Saturday, and Sunday Homosassa Raft Race Citrus 95 FM radio Homosassa River Between Private Green Dayboard 81 east to private Red Dayboard 2. October—2nd Friday, Saturday, and Sunday St Petersburg Airfest City of St Petersburg St Petersburg, within two NM of the Albert Whitted Airport. November—3rd Thursday, Friday, and Saturday Ironman World Championship Triathlon City of Clearwater & Ironman North America Gulf of Mexico within two NM of Clearwater Beach FL. COTP Zone Savannah May—2nd weekend, Sunday Blessing of the Fleet—Brunswick Knights of Columbus—Brunswick Brunswick River from the start of the East branch of the Brunswick River (East Brunswick River) to the Golden Isles Parkway Bridge. May—2nd or 3rd weekend Grand Prix of Augusta Champboat Series, LLC Savannah River, Augusta, Georgia, from the U.S. Highway 1 (Fifth Street) Bridge at mile 199.45 to Eliot's Fish Camp at mile 197. July 4th Fourth of July Fireworks Savannah Waterfront Association Savannah River, Savannah Riverfront, Georgia, 500 feet around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W. July—3rd full weekend Augusta Southern Nationals Drag Boat Races Augusta Southern Nationals Savannah River, Augusta, Georgia, from the U.S. Highway 1 (Fifth Street) Bridge at mile 199.45 to Eliot's Fish Camp at mile 197. October—3rd or 4th weekend or November—1st weekend Champboat Races of Savannah Champboat Series, LLC Savannah River, Savannah Riverfront, Georgia, Talmadge bridge to a line drawn at 146 degrees true from dayboard 62. November—1st Saturday after Thanksgiving Day Savannah Harbor Boat Parade of Lights and Fireworks Westin Resort, Savannah Savannah River, Savannah Riverfront, Georgia, Talmadge bridge to a line drawn at 146 degrees true from dayboard 62. December 31st New Years Eve Fireworks Savannah Waterfront Association Savannah River, Savannah Riverfront, Georgia, 500 feet around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W. Monthly—first Friday First Friday of the Month Fireworks Savannah Waterfront Association Savannah River, Savannah Riverfront, Georgia, 500 feet around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W. COTP Zone Jacksonville February—1st weekend, Friday-Monday Clay County Super Celebration Reynolds Park Yacht Club Reynolds Park Yacht Club (entire club), Green Cove Springs. February—last Saturday El Cheapo Sheepshead Tournament Jacksonville Offshore Sport Fishing Club Mayport/Jacksonville Boat Ramp; 500 feet seaward of the boat ramp. March—1st Saturday Jacksonville Invitational (Rowing Race) Stanton Rowing Foundation (May vary) Ortega River Race Course, Jacksonville; between Timuquana and Roosevelt Bridges. Stanton Invitational (Rowing Race) Stanton Rowing Foundation Ortega River Race Course, Jacksonville; between Timuquana and Roosevelt Bridges. March or April—Palm Sunday Blessing of the Fleet—Jacksonville City of Jacksonville Office of Special Events St. Johns River, Downtown Jacksonville in the vicinity of Jacksonville Landing between the Main Street Bridge and Acosta Bridge. Blessing of the Fleet—St. Augustine City of St. Augustine St. Augustine Municipal Marina (entire marina). April—1st Full Weekend, Saturday and Sunday Mount Dora Yacht Club Sailing Regatta Mount Dora Yacht Club Lake Dora, Mount Doran—500 ft. off Grantham Point. April—3rd Saturday Jacksonville City Championships Stanton Rowing Foundation Ortega River Race Course, Jacksonville; between Timuquana and Roosevelt Bridges. April—3rd weekend Florida Times Union Redfish Roundup The Florida Times-Union Sister's Creek Marina to Marker 88 on the St. John's River. May—1st Friday Isle of Eight Flags Shrimp Festival Pirate Landing and Fireworks City of Fernandina Beach Fernandina Harbor Marina (entire marina). May—1st Saturday Mug Race The Rudder Club of Jacksonville, Inc St. Johns River; Palatka to Buckman Bridge. May—4th Friday Palatka Blue Crab Festival and Fireworks Palatka Blue Crab Festival All waters within a 500-yard radius around approximate position 29°38′37″ N, 081°37′50″ W. May—4th weekend Memorial Day RiverFest City of Green Cove Springs All waters within a 500-yard radius around approximate position 29°59'39″ N, 081°40′33″ W. May—last full week, Monday-Friday Bluewater Invitational Tournament Northeast Florida Marlin Association There is a no-wake zone in effect from the St. Augustine City Marina out to the end of the St. Augustine Jetty's 6:00AM-8:00AM and 3:00PM-5:00PM during the above days. May—last full weekend, Friday-Sunday Blue Crab Festival Ski Shows Downtown Palatka, Inc. & Palatka Blue Crab Festival, Inc St. Johns River, South of Memorial Bridge, Palatka. June—1st Saturday of Florida Sport Fishing Association Offshore Fishing Tournament Florida Sport Fishing Association From Sunrise Marina to the end of Port Canaveral Inlet. June—1st weekend, Friday-Sunday Jetty Park Ocean Regatta Fleet 45 Space Coast Catamaran Association, Inc Jetty Park, Port Canaveral; All waters within a 1000-yard radius around approximate position 28°24′21″ N, 080°33′33″ W. June—2nd weekend, Friday-Sunday St. Augustine King Buster Classic 400 King Buster Classic, Inc St. Augustine Municipal Marina (entire marina). June—4th Saturday Veterans Day Celebration, Parade and Fireworks Display City of New Smyrna Beach All waters within a 500-yard radius around approximate position 29°03′N, 080°55′W. June—4th weekend, Thursday-Saturday Tournament of Champions Kingfish Tournament Nassau Sport Fishing Association Fernandina Harbor Marina (entire marina), Fernandina Beach. June—2nd weekend, Saturday and Sunday Kingfish Challenge Ancient City Game Fish Association There is a no-wake zone in effect from the St. Augustine City Marina out to the end of the St. Augustine Jetty's 6:00AM-8:00AM and 3:00PM-5:00PM. July 4th Cocoa 4th of July Fireworks City of Cocoa All waters within a 500-yard radius around approximate position 28°20′22″ N, 080°31′27″ W. Daytona Beach Boardwalk Association July 4th Fireworks Daytona Beach Boardwalk Association All waters within a 500-yard radius around at approximate position 29°13′34″ N, 081°00′33″ W. Edgewater Fire Rescue Association Annual Fireworks Celebration Edgewater Fire Rescue Association All waters within a 500-yard radius around the pier at Kennedy Memorial Park, Edgewater, FL. Fernandina Beach 4th of July Fireworks City of Fernandina Beach / Fernandina Harbor Marina All waters within a 500-yard radius around approximate position 30°40′17″ N, 081°27′56″ W. Fireworks Display for Independence Day Celebration (Palatka) City of Palatka/Downtown Palatka All waters within a 500-yard radius around approximate position 29°38′37″ N, 081°37′51″ W. Flagler Beach July 4th Celebration Fireworks Flagler Beach Chamber of Commerce All waters within a 500-yard radius around (the end of Flagler Beach Pier) approximate position 29°28′50″ N, 081°07′27″ W. Florida Yacht Club and Timuquana Country Club Fireworks Display Florida Yacht Club and Timuquana Country Club All waters within a 500-yard radius around approximate position 30°15′00″ N, 081°41′17″ W. Kissimmee July 4th Celebration Fireworks City of Kissimmee Parks and Recreation All waters within a 500-yard radius around approximate position 28°17′08″ N, 081°24′08″ W. Kiwanis Club of St. Marys Annual Fourth of July Festival Fireworks Kiwanis Club of St. Marys Georgia St. Marys River, St. Marys, GA; All waters within a 500-yard radius around approximate position 30°43′7″ N, 081°32′59″ W. Liberty Fest—4th of July Celebration (Jacksonville Beach) City of Jacksonville Beach All waters within a 500-yard radius around approximate position 30°17′06″ N, 081°23′16″ W. Mount Dora Old Fashioned 4th of July Celebration Rotary Club of Mount Dora / Mount Dora Firefighter Association Lake Dora, Mount Dora—500 ft. off Grantham Point. Orange Park Independence Day Celebration Fireworks Town of Orange Park All waters within a 500-yard radius around approximate position 30°10′20″ N, 081°42′20″ W. Ormond Beach Independence Day Celebration Fireworks City of Ormond Beach All waters within a 500-yard radius around approximate position 29°17.2′N, 081°02.988′W. Patrick Air Force Base 4th of July Celebration and Fireworks Patrick Air Force Base All waters within a 500-yard radius around approximate position 28°14′00″ N, 080°37′00″ W. Sanford's July 4th Celebration Fireworks City of Sanford All waters within a 500-yard radius around the Monroe Harbor Marina. St. Augustine July 4th Fireworks Display City of St. Augustine All waters within a 500-yard radius around approximate position 29°53′50.84″ N, 081°18′30.87″ W. July—3rd Saturday Halifax Rowing Association Summer Regatta Halifax Rowing Association Halifax River, Daytona, S. of Memorial Bridge—East Side. July—3rd week BellSouth Greater Jacksonville Kingfish Tournament Jacksonville Marine Charities, Inc All waters of the St. Johns River, from lighted buoy 10 (LLNR 2190) in approximate position 30°24′22″ N, 081°24′59″ W to Lighted Buoy 25 (LLNR 7305). August—2nd week Townsend Hawkes Ocean Swim Jacksonville Beaches Kiwanis Club 50 ft. offshore from Jacksonville Beach to Sea Turtle Inn, Atlantic Beach. December 31st Jacksonville New Year's Eve Fireworks City of Jacksonville Office of Special Events St. Johns River; Westside of Main Street Bridge. St. Augustine Beach New Year's Eve Fireworks City of St. Augustine Beach All waters within a 500-yard radius approximate position 29°51′16″ N, 081°15′49″ W. December—2nd Saturday St. Johns River Christmas Boat Parade St. Johns River Christmas Boat Parade, Inc St. Johns River; Whitehair Bridge, Deland to Lake Beresford. Christmas Boat Parade (Daytona Beach / Halifax River) Halifax River Yacht Club Halifax River from Seabreeze Bridge to Halifax Harbor Marina. Kissimmee Holiday Extravaganza Fireworks City of Kissimmee Parks and Recreation Kissimmee Lakefront Park; All waters within a 500-yard radius around approximate position 28°17′13″ N, 081°24′13″ W. § 100.709 [Removed] 3. Remove § 100.709. § 100.710 [Removed] 4. Remove § 100.710. § 100.714 [Removed] 5. Remove § 100.714. § 100.715 [Removed] 6. Remove § 100.715. § 100.716 [Removed] 6. Remove § 100.716. § 100.721 [Removed] 7. Remove § 100.721. § 100.722 [Removed] 8. Remove § 100.722. § 100.723 [Removed] 9. Remove § 100.723. § 100.730 [Removed] 10. Remove § 100.730. § 100.731 [Removed] 11. Remove § 100.731. § 100.733 [Removed] 12. Remove § 100.733. § 100.735 [Removed] 13. Remove § 100.735. Dated: January 10, 2008. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E8-1236 Filed 1-24-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [Docket Number CGD11-04-002] RIN 1625-AA01 Anchorage Regulation; San Francisco Bay, CA AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is establishing a temporary anchorage area, designated Anchorage 8A, adjacent to existing Anchorage 8 that can be activated by Coast Guard Vessel Traffic Services
(VTS)when the number of vessels requesting to anchor in Anchorages 8 and 9 exceeds the capacity of these two anchorages. Anchorage 8A may also be utilized during any emergency situation. This rule defines its use and location, and establishes procedures for activating the anchorage area and notifying the maritime public. DATES: This rule is effective February 25, 2008. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD11-04-002 and are available for inspection or copying at Waterways Safety Branch, Sector San Francisco, 1 Yerba Buena Island, San Francisco, California 94130, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Eric Ramos, U.S. Coast Guard Sector San Francisco, Waterways Safety Branch at telephone
(415)399-7443. SUPPLEMENTARY INFORMATION: Regulatory Information We published a notice of proposed rulemaking
(NPRM)entitled “Anchorage Regulation; San Francisco Bay, CA” in the **Federal Register** on April 1, 2004 (69 FR 17119), under docket number CGD11-04-002. Based on the three comments received, we reduced the size of the originally proposed Anchorage 8A, and the Coast Guard decided to resubmit the proposal to the public for further consideration. We published a supplemental notice of proposed rulemaking (SNPRM) entitled “Anchorage Regulation; San Francisco Bay, CA” in the **Federal Register** on October 11, 2007 (72 FR 57901). We received no comments in response to the SNPRM. No public meeting was requested at any time in the rulemaking process, and none was held. Background and Purpose Anchorage 8A is necessary due to the trend toward larger ships arriving in San Francisco Bay, the growth of faster Marine Transportation Systems, increased large vessel traffic, and increased use of Anchorages 8 and 9 in San Francisco Bay. In addition to more vessels needing to anchor while awaiting the departure of other vessels at berth, periodic labor strikes and disputes have caused delays in the turnaround time of cargo, and filled Anchorages 8 and 9 to capacity. Discussion of Comments and Changes The Coast Guard received the following comments in response to the NPRM. The San Francisco Bay Conservation and Development Commission
(BCDC)requested that a consistency determination be submitted evaluating the proposal in relation to BCDC Coastal Zone Management Policies. A 15 CFR 930.35 Negative Determination was submitted to BCDC on September 18, 2006. In a letter dated October 17, 2006, BCDC suggested that the Coast Guard consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service
(NMFS)regarding threatened or endangered species. A biological evaluation was submitted to the USFWS and NMFS on November 21, 2006. On December 4, 2006, USFWS copied the Coast Guard on a 2004 memorandum in which they found that proposed Anchorage 8A could adversely affect the endangered California least tern (Stern antillarum browni). The Coast Guard redefined the size and configuration of the proposed anchorage based on consultation with USFWS. As a result, USFWS concurred with the Coast Guard's determination of “not likely to adversely affect” as described below. BCDC also concurred that the proposed action would be consistent with their Amended Coastal Zone Management Program for San Francisco Bay. NMFS wrote to the Coast Guard on June 4, 2007, that “based on the best available scientific information, the NMFS has determined that the proposed project is not likely to adversely affect listed salmonids or green sturgeon,” populations which are listed as threatened or endangered under the Endangered Species Act and which may be present in the proposed Anchorage 8A area. Based on those comments, we reduced the size of proposed Anchorage 8A. The NPRM originally proposed that Anchorage 8A be bounded by the following lines: Beginning at latitude 37°47′35.5″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′05″ N and longitude 122°22′07.5″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′56″ W; thence easterly along the northern border of Anchorage 9 to latitude 37°46′21.5″ N and longitude 122°19′07″ W; thence northerly to latitude 37°46′34.5″ N and longitude 122°19′05.5″ W; thence westerly to latitude 37°46′36.5″ N and longitude 122°19′52″ W; thence westerly along the southern border of Anchorage 8 to latitude 37°45′40″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of Anchorage 8 back to the beginning point (NAD 83). The proposed perimeter of the original size of Anchorage 8A was approximately six and one-half nautical miles. The SNPRM proposed that the new perimeter of Anchorage 8A be approximately four nautical miles and bounded by the following lines: Beginning at latitude 37°47′35″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′07″ N and longitude 122°22′09″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′57″ W; thence easterly along the northern border of Anchorage 9 to latitude 37°46′26″ N and longitude 122°20′42″ W; thence northerly to latitude 37°46′38″ N and longitude 122°20′42″ W; thence westerly along the southern border of Anchorage 8 to latitude 37°46′41″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of Anchorage 8 back to the beginning point (NAD 83). The Coast Guard received no comments in response to the SNPRM. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The effect of this regulation will not be significant because the anchorage will only be used when unusual circumstances require that it be activated, recreational traffic can still traverse the anchorage area when necessary, and the temporary anchorage area only takes up a small portion of San Francisco Bay. In addition, this temporary anchorage area has been used twice in the past to accommodate vessels during labor disputes that resulted in Anchorages 8 and 9 being filled to capacity. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will not have a significant economic impact on a substantial number of small entities for the reasons discussed in the Regulatory Evaluation above. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that Order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(f), of the Instruction, from further environmental documentation because it establishes an anchorage ground. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 110 Anchorage grounds. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. Revise the authority citation for part 110 to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 2. In § 110.224- a. In paragraph (d), amend Table 110.224(D)(1) by adding an entry for “8A” and adding a new paragraph “n” to the Notes section immediately following the table, and; b. In paragraph (e), re-designate paragraphs (e)(6) through
(21)as paragraphs (e)(7) through (22), and add new paragraph (e)(6) to read as follows: § 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and connecting waters, CA.
(d)* * * Table 110.224(D)(1) Anchorage No. General location Purpose Specific regulations * * * * * * * 8A ......do ......do Notes a, b, c, d, e, j, n. * * * * * * * Notes: * * * n. This temporary anchorage will be activated by VTS San Francisco when Anchorages 8 and 9 are at capacity and additional anchorage capacity in the vicinity of Alameda is required. VTS will notify a vessel that this temporary anchorage is activated and available for use when Anchorages 8 and 9 are full, and a vessel requests permission from VTS to anchor in Anchorage 8 or 9.
(e)* * *
(6)*Anchorage No. 8A.* In San Francisco Bay bounded by the following lines: Beginning at latitude 37°47′35″ N and longitude 122°21′50″ W; thence south-southwesterly to latitude 37°47′07″ N and longitude 122°22′09″ W; thence south-southeasterly to latitude 37°46′30″ N and longitude 122°21′57″ W; thence easterly along the northern border of Anchorage 9 to latitude 37°46′26″ N and longitude 122°20′42″ W; thence northerly to latitude 37°46′38″ N and longitude 122°20′42″ W; thence westerly along the southern border of Anchorage 8 to latitude 37°46′41″ N and longitude 122°21′23″ W; thence northwesterly along the southwestern border of Anchorage 8 back to the beginning point (NAD 83). Dated: December 20, 2007. C.E. Bone, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E8-1250 Filed 1-24-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2008-0015] RIN 1625-AA09 Drawbridge Operation Regulations; Potomac River, Between Maryland and Virginia AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation will allow the contractor to complete commissioning and final testing for the new Woodrow Wilson Bridge construction project. This deviation allows the new drawbridge to remain closed-to-navigation each day from 10 a.m. to 2 p.m. beginning on January 26, 2008 until and including March 1, 2008. DATES: This deviation is effective from 10 a.m. on January 26, 2008, until 2 p.m. on March 1, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is
(757)398-6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at
(757)398-6222. SUPPLEMENTARY INFORMATION: In June 2006, the southernmost portion of the bascule spans for the new Woodrow Wilson Memorial Bridge, at mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland was publicly placed into service, switching I-95 Northbound traffic onto the new Outer Loop portion of the bridge. The newly-constructed portion of the bridge will be required to open for vessels in accordance with the current drawbridge operating regulations set out in 33 CFR 117.255(a). While the drawbridge is operational, coordinators for the construction of the new Woodrow Wilson Bridge Project indicated that the bascule span is not yet fully commissioned and cannot run at full speed, resulting in extended Interstate 95/495 traffic stoppages during openings. Opening the new bascule span for a vessel at this time would take approximately 45 minutes in a best case scenario. This has the potential to have a significant impact upon I-95 traffic, especially during the 10 a.m. to 2 p.m. bridge-opening time frame currently available for commercial vessels, in accordance with 33 CFR 117.255(a). Coordinators requested a temporary deviation from the current operating regulation for the new Woodrow Wilson Memorial (I-95) Bridge set out in 33 CFR 117.255(a). Though good progress has been made regarding commissioning of the north and south drawbridges (both now carrying I-95 vehicle traffic), the coordinators are requesting this deviation from the normal 10 a.m. to 2 p.m. opening period, to proceed with commissioning activities through March 1, 2008. From a river-user standpoint, the coordinators have received no requests from boaters or mariners for a bridge opening during the 10 a.m. to 2 p.m. timeframe since the passage of the tall ship “Gloria” in July 2007. The coordinators requested that the new drawbridge not be available for openings for vessels each day between the hours of 10 a.m. to 2 p.m. from Saturday, January 26, 2008 through Saturday, March 1, 2008. The temporary deviation will only affect vessels with mast heights of 75 feet or greater. Management of the Federal and auxiliary channels will continue to be closely coordinated between the coordinators for the construction of the new Woodrow Wilson Bridge Project, the Coast Guard and vessels requesting transit through the construction zone. Furthermore, all affected vessels with mast heights greater than 75 feet will be able to receive an opening of the new drawbridge in the “off-peak” vehicle traffic hours (evening and overnight) in accordance with 33 CFR 117.255(a). Maintaining the new drawbridge in the closed-to-navigation position each day from 10 a.m. to 2 p.m. on January 26, 2008 through March 1, 2008, will help reduce the impact to vehicular traffic during this phase of the new bridge construction. The Coast Guard has informed the known users of the waterway of the closure period for the bridge so that these vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 14, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E8-1240 Filed 1-24-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2008-0018] Drawbridge Operation Regulations; Elizabeth River—Eastern Branch, at Norfolk, VA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Norfolk Southern Railroad Bridge, at mile 2.7, across the Elizabeth River—Eastern Branch at Norfolk, VA. This deviation allows the drawbridge to remain closed-to-navigation beginning at 7 a.m. on Monday, February 4, 2008 until and including 6 p.m. on Saturday, March 8, 2008, to facilitate rehabilitation of the operating machinery of the swing span. DATES: This deviation is effective from 7 a.m. on February 4, 2008 to 6 p.m. on March 8, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is
(757)398-6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District, at
(757)398-6422. SUPPLEMENTARY INFORMATION: The Norfolk Southern Railroad Bridge (NS# V2.8 Bridge), a swing-type drawbridge, has a vertical clearance in the closed position to vessels of six feet, above mean high water. Norfolk Southern Railways, the bridge owner, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.1007(a). To facilitate the repairs to the operating machinery, the NS# V2.8 Bridge will be maintained in the closed-to-navigation position beginning at 7 a.m. on Monday, February 4, 2008 until and including 6 p.m. on Saturday, March 8, 2008. The Coast Guard has informed the known users of the waterway of the closure periods for the bridge so that these vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 11, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E8-1246 Filed 1-24-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA-R05-OAR-2007-1198; FRL-8521-3] State Operating Permit Programs; Ohio; Revisions to the Acid Rain Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve, as a revision to Ohio's operating permits program, revisions to Ohio's Acid Rain Permits and Compliance Rules found in Chapter 3745-103 of the Ohio Administrative Code (OAC). The changes made to Ohio's OAC 3745-103 Rules include rules for phase II acid rain permits and new information on items incorporated by reference. EPA granted full approval of Ohio's operating permits program on August 15, 1995, which became effective on October 1, 1995. On March 23, 2007 Ohio submitted the revised acid rain rules to EPA for approval. This **Federal Register** notice approves these revised acid rain rules into Ohio's Title V operating permits program. DATES: This direct final rule will be effective on March 25, 2008, unless EPA receives adverse comments by February 25, 2008. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-OAR-2007-1198, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *blakley.pamela@epa.gov.* • Fax:
(312)886-5824. • Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: At the previously-listed EPA Region 5 address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R05-OAR-2007-1198. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy during normal business hours at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. FOR FURTHER INFORMATION CONTACT: Richard Angelbeck,
(312)886-9698, or by e-mail at *angelbeck.richard@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows: I. What is being addressed in this document? II. What are the program changes that EPA is approving? III. What action is EPA taking today? IV. Statutory and Executive Order Reviews. I. What is being addressed in this document? The Clean Air Act
(Act)requires all state and local permitting authorities to develop operating permits programs that meet the requirements of Title V of the Act, 42 U.S.C. 7661-7661(f), and its implementing regulations, 40 CFR part 70 (part 70). EPA fully approved Ohio's Title V operating permits program on August 15, 1995 (60 FR 42045). On December 19, 1996, EPA promulgated a final rule (61 FR 67111) for the second phase of the Nitrogen Oxides Program under Title IV of the Act. The Ohio Environmental Protection Agency
(OEPA)revised its acid rain rules in OAC Chapter 3745-103. The revised acid rain rules became effective on June 27, 2002. On October 2, 2002, OEPA submitted to EPA the revised acid rain rules for approval into the Ohio Title V operating permits program. On November 27, 2002, EPA provided to OEPA comments on the acid rain rules. In response to EPA's comments, and pursuant to a five-year mandatory rule review, OEPA again revised its acid rain rules, which became effective on January 12, 2007. On March 23, 2007, OEPA submitted to EPA these new and revised acid rain rules as a revision to Ohio's fully approved Title V operating permits program. II. What are the program changes that EPA is approving? On June 27, 2002 OEPA revised its acid rain rules in OAC chapter 3745-103 to include rules for Phase II acid rain permits. On May 12, 2005, EPA published amendments to the final acid rain rules (70 FR 25334), listing criteria for the state operating permit program (40 CFR 72.72) and requirements for the state issuance of Phase II permits (40 CFR 72.73). These requirements became effective July 1, 2006. OEPA was required to adopt these rules as part of its acid rain program. On January 12, 2007, OEPA again revised its acid rain rules in response to EPA comments on the June 27, 2002 rules, and also to correct typos, rule language formatting issues, and to add information on items incorporated by reference. EPA has determined that, because OEPA's amendments to its acid rain rules do not interfere with the operation of the acid rain program, they meet the criteria of 40 CFR 72.72. The State submission likewise complies with the provisions of 40 CFR 72.73, which requires that a state authorized to administer and enforce an operating permit program under part 70 must have a state acid rain program accepted by the Administrator, and that the state must be responsible for administering and enforcing acid rain permits effective in Phase II for all affected sources. Among other things, Ohio has demonstrated that
(a)it had issued all Phase II acid rain permits on or before December 31, 1997, and
(b)for units subject to an acid rain NO <sup>X</sup> emissions limitation, on or before January 1, 1999, it had amended the acid rain permits as required by 40 CFR 72.83 to include any NO <sup>X</sup> early election plan that was approved by the Administrator under 40 CFR 76.8. EPA is approving, and incorporating into OEPA's Title V operating permits program, the following revisions to OEPA's acid rain rules: OAC rules 3745-103-01 to 3745-103-09, 3745-103-11 to 3745-103-63, 3745-103-65, and 3745-103-66. EPA is also approving into the Ohio Title V program new OAC rule 3745-103-43, and the rescission of OAC rules 3745-103-10, 3745-103-43, 3745-103-64, and 3745-103-67. The new 3745-103-43 rule replaced the prior rule of the same title because Ohio's rule-writing procedures require that changes to this rule be managed as a rescission followed by a replacement. OEPA rules 3745-103-10, 3745-103-64, and 3745-103-67 were rescinded because OEPA judged that rule language to be obsolete. III. What action is EPA taking today? EPA is approving into Ohio's Title V operating permits program the revision submitted by OEPA on March 23, 2007. EPA is taking this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section of today's **Federal Register** , EPA is publishing a separate document that will serve as the proposal to approve the state plan if adverse comments are filed. This rule will be effective on March 25, 2008 without further notice unless EPA receives adverse comments by February 25, 2008. If EPA receives adverse comment, EPA will publish a timely withdrawal in the **Federal Register** informing the public that the rule will not take effect. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (59 FR 22951, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing State Implementation Plan
(SIP)submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Act. In this context, in the absence of a prior existing requirement 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) do not apply. This 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.) B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 25, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approves changes to Ohio's Title V operating permits program and may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2) of the Act.) Lists of Subjects in 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements, Incorporation by reference, Nitrogen dioxide, and Sulfur oxides. Dated: January 15, 2008. Margaret Guerriero, Acting Regional Administrator, Region 5. 40 CFR part 70 is amended as follows: PART 70—[AMENDED] 1. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 2. Appendix A to part 70 is amended by adding paragraph
(c)in the entry for Ohio to read as follows: Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs Ohio
(c)The Ohio Environmental Protection Agency submitted an operating permits program amendment on March 23, 2007. The program amendment contained in the March 23, 2007 submittal will update Ohio's existing Acid Rain program. The state is hereby granted approval effective on March 25, 2008. [FR Doc. E8-1320 Filed 1-24-08; 8:45 am] BILLING CODE 6560-50-P 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. 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: *http://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 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 § 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 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 § 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 § 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 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. Federal Communications Commission. Marlene H. Dortch, Secretary. Rule Changes 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 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. 2. Amend § 13.7 by revising paragraph
(b)introductory text and adding paragraph (b)(11) to read as follows: § 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). 3. Amend § 13.13 by revising paragraph
(a)to read as follows: § 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 § 1.913 of this chapter. 4. Revise § 13.15 to read as follows: § 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. 5. Amend § 13.203 by revising paragraph
(a)to read as follows: § 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 § 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 § 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 § 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. 6. Revise § 13.215 to read as follows: § 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
(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 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. 8. Amend § 80.5 by revising the definition of *Digital selective calling (DSC)* to read as follows: § 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: *http://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. 9. Amend § 80.15 by removing paragraph (d)(4) and revising paragraph (e)(2) to read as follows: § 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 § 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. 10. Revise § 80.43 to read as follows: § 80.43 Equipment acceptable for licensing. Transmitters listed in § 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. 11. Revise § 80.51 to read as follows: § 80.51 Ship earth station licensing. A ship earth station must display the Commission license. § 80.57 [Amended] 12. Amend § 80.57 by removing paragraph (d)(5) and redesignating paragraph (d)(6) as (d)(5). 13. Amend § 80.103 by revising paragraphs (a), (c), and
(e)to read as follows: § 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: *http://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. 14. Amend § 80.123 by revising paragraph
(d)to read as follows: § 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; 15. Amend § 80.148 by revising the introductory paragraph to read as follows: § 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, 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: 16. Amend § 80.179 by revising paragraph (e)(1) to read as follows: § 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: *http://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. 17. Amend § 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: § 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 § 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 § 80.225. This requirement does not apply to transmitters used with AMTS or hand-held portable transmitters. 18. Amend § 80.207 by revising paragraph
(d)to read as follows: § 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. 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* §§ 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* § 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* § 80.375(b). 8 For direction finding requirements see § 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 § 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 § 90.210 of this chapter, except that Automatic Identification System
(AIS)transmissions do not have to comply with the emission mask requirements of § 90.210 of this chapter. 19. Amend § 80.211 by revising paragraph
(e)introductory text to read as follows: § 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: 20. Amend § 80.223 by revising paragraph (a)(1) to read as follows: § 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; 21. Amend § 80.225 by revising the introductory paragraph, and paragraphs
(a)and (c)(2) to read as follows: § 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 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: *http://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, *http://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 22. Amend § 80.251 by revising paragraph
(a)to read as follows: § 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. § 80.268 [Amended] 23. Amend § 80.268 by removing paragraph (b)(2) and redesignating paragraph (b)(3) as (b)(2). § 80.269 [Removed] 24. Section 80.269 is removed. 25. Amend § 80.271 by revising paragraph
(e)to read as follows: § 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. 26. Revise § 80.273 to read as follows: § 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 information on the availability of this material at NARA, call 202-741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . 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. 27. Add § 80.277 to read as follows: § 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: *http://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, *http://www.rtcm.org* , e-mail at *pubs@rtcm.org* . 28. Amend § 80.305 by revising paragraphs (a)(1), (a)(2), (b)(1), and
(c)to read as follows: § 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 adversely affect the continuity or efficiency of the required watch on the VHF distress frequency. This watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services
(VTS)system as required or recommended by the U.S. Coast Guard, when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a separate assigned VTS frequency.
(b)* * *
(1)If it is not carrying MF-DSC radio equipment, keep a continuous watch on 2182 kHz in the room from which the vessel is normally steered while at sea, whenever such station is not being used for authorized traffic. Such watch must be maintained by at least one officer or crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. A radiotelephone watch receiver having a loudspeaker and a radiotelephone auto alarm must be used to keep the continuous watch on 2182 kHz. After a determination by the master that maintenance of the watch would interfere with the safe navigation of the ship, the watch may be maintained by use of the radiotelephone auto alarm facility alone.
(c)Each vessel of the United States transporting more than six passengers for hire, which is equipped with a radiotelephone station for compliance with 47 U.S.C. 381-386 but which is not carrying MF-DSC radio equipment, must, while being navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, keep a continuous watch on 2182 kHz while the vessel is beyond VHF communication range of the nearest VHF coast station, whenever the radiotelephone station is not being used for authorized traffic. A VHF watch must be kept on 156.800 MHz whenever such station is not being used for authorized traffic. The VHF watch must be maintained at the vessel's steering station actually in use by the qualified operator as defined by § 80.157 or by a crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. The use of a properly adjusted squelch is not considered to adversely affect the watch. The VHF watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services
(VTS)system when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a VTS frequency. 29. Revise § 80.310 to read as follows: § 80.310 Watch required by voluntary vessels. Voluntary vessels not equipped with DSC must maintain a watch on 2182 kHz and on 156.800 MHz (Channel 16) whenever the vessel is underway and the radio is not being used to communicate. Noncommercial vessels, such as recreational boats, may alternatively maintain a watch on 156.450 MHz (Channel 9) in lieu of VHF Channel 16 for call and reply purposes. Voluntary vessels equipped with VHF-DSC equipment must maintain a watch on 2182 kHz and on either 156.525 MHz (Channel 70) or VHF Channel 16 aurally whenever the vessel is underway and the radio is not being used to communicate. Voluntary vessels equipped with MF-HF DSC equipment must have the radio turned on and set to an appropriate DSC distress calling channel or one of the radiotelephone distress channels whenever the vessel is underway and the radio is not being used to communicate. Voluntary vessels equipped with Inmarsat A, B, C, M or Fleet F77 systems must have the unit turned on and set to receive calls whenever the vessel is underway and the radio is not being used to communicate. § 80.313 [Amended] 30. In § 80.313 amend the Frequency band column in the table by removing the entry “1605-3500 kHz” and adding in its place “1615-3500 kHz.” 31. Amend § 80.314 is revising the section heading and by adding paragraph
(c)and
(d)to read as follows: § 80.314 Distress communications.
(c)The radiotelephone distress call consists of:
(1)The distress signal MAYDAY spoken three times;
(2)The words THIS IS;
(3)The call sign (or name, if no call sign assigned) of the mobile station in distress, spoken three times;
(4)Particulars of the station's position;
(5)The nature of the distress;
(6)The kind of assistance desired; and
(7)Any other information which might facilitate rescue, for example, the length, color, and type of vessel, or number of persons on board.
(d)The procedures for canceling false distress alerts are contained in § 80.335. § 80.315 [Removed] 32. Section 80.315 is removed. § 80.316 [Removed] 33. Section 80.316 is removed. 34. Amend § 80.327 by revising the section heading, and by adding paragraphs (e), (f), and
(g)to read as follows: § 80.327 Urgency signals and messages.
(e)The urgency signal and call, and the message following it, must be sent on one of the international distress frequencies. Stations which cannot transmit on a distress frequency may use any other available frequency on which attention might be attracted.
(f)Mobile stations which hear the urgency signal must continue to listen for at least three minutes. At the end of this period, if no urgency message has been heard, they may resume their normal service. However, land and mobile stations which are in communication on frequencies other than those used for the transmission of the urgency signal and of the call which follows it may continue their normal work without interruption provided the urgency message is not addressed “to all stations”.
(g)When the urgency signal has been sent before transmitting a message “to all stations” which calls for action by the stations receiving the message, the station responsible for its transmission must cancel it as soon as it knows that action is no longer necessary. This message of cancellation must likewise be addressed “to all stations”. § 80.328 [Removed] 35. Section 80.328 is removed. 36. Amend § 80.329 by revising the section heading, and by adding paragraphs (e), (f), and
(g)to read as follows: § 80.329 Safety signals and messages.
(e)The safety signal and call must be followed by the safety message. Where practicable, the safety message should be sent on a working frequency, and a suitable announcement to this effect must be made at the end of the call.
(f)Messages about meteorological warnings, of cyclones, dangerous ice, dangerous wrecks, or any other imminent danger to marine navigation must be preceded by the safety signal.
(g)Stations hearing the safety signal must not make any transmission likely to interfere with the message. § 80.330 [Removed] 37. Section 80.330 is removed. 38. Amend § 80.335 by revising paragraphs (a)(2), (b)(2), and (c)(2) to read as follows: § 80.335 Procedures for canceling false distress alerts.
(a)* * *
(2)Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted;
(b)* * *
(2)Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted; and
(c)* * *
(2)Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted; 39. Amend § 80.359 by revising paragraph
(b)to read as follows: § 80.359 Frequencies for digital selective calling (DSC).
(b)*Distress and safety calling.* The frequencies 2187.5 kHz, 4207.5 kHz, 6312.0 kHz, 8414.5 kHz, 12577.0 kHz, 16804.5 kHz and 156.525 MHz may be used for DSC by coast and ship stations on a simplex basis for distress and safety purposes, and may also be used for routine ship-to-ship communications provided that priority is accorded to distress and safety communications. The provisions and procedures for distress and safety calling are contained in 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, and § 80.103(c). ITU-R Recommendation M.541-9 with Annexes 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: *http://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. 40. Amend § 80.371 by revising the reference to “West Coat” in the Region column of the table in paragraph
(a)to read “West Coast,” and by adding footnote 2 to the entry for 16537 kHz of the table in paragraph (b)(2), and revise paragraph
(c)introductory text to read as follows: § 80.371 Public correspondence frequencies.
(b)* * *
(2)* * * Public Correspondence Simplex [Non-paired radiotelephony frequencies in the 4000-27500 kHz Band 1 Carrier Frequencies (kHz)] 16537 2 18825 22174 25100 * * * * * 2 The alternative carrier frequency 16537 kHz may be used by ship stations and coast stations for calling on a simplex basis, provided that the peak envelope power does not exceed 1 kW.
(c)*Working frequencies in the marine VHF 156-162 MHz band.* (1)(i) The frequency pairs listed in the table in this paragraph are available for assignment to public coast stations for public correspondence communications with ship stations and units on land. 41. Amend § 80.373 by revising paragraph (a)(1), adding footnote 6 to the entry for 12359 kHz of the table in paragraph (c)(1), redesignating paragraph
(g)as (g)(1), revising newly designated paragraph (g)(1), and adding paragraph (g)(2) to read as follows: § 80.373 Private communications frequencies.
(a)* * *
(1)Private coast stations must use J3E emission.
(c)* * * Business and Operational Frequencies in the 2000-27500 kHz Band; Carrier Frequencies
(kHz)* * * * * * * 2096.5 / 1 / 4125 6230 12359 16534 22165 ( 6 ) * * * * * * * * * * * * * * 6 The alternative carrier frequency 12359 kHz may be used by ship stations and coast stations for calling on a simplex basis, provided that the peak envelope power does not exceed 1 kW. (g)(1) On-board communications: This section describes the carrier frequency pairs assignable for on-board mobile radiotelephony communications. The center of the on-board repeater antenna must not be located more than 3 meters (10 feet) above the ship's working deck. These frequencies are available on a shared basis with stations in the Industrial/Business Radio Pool. * * *
(2)Where needed, equipment designed for 12.5 kHz channel spacing using the additional frequencies 457.5375 MHz, 457.5625 MHz, 467.5375 MHz, and 467.5625 MHz may be introduced for on-board communications. § 80.385 [Amended] 42. Amend § 80.385 by removing paragraph (d). 43. Amend § 80.409 by revising paragraphs (a)(1), (a)(2), (d)(2), and (e)(1), removing paragraph (e)(5)(ii), redesignating paragraphs (e)(5)(iii) and (e)(5)(iv) as (e)(5)(ii) and (e)(5)(iii), redesignating paragraphs (e)(6) through (e)(12) as (e)(7) through (e)(13), and adding a new paragraph (e)(6) to read as follows: § 80.409 Station logs.
(a)* * *
(1)The log must be kept in an orderly manner. The log may be kept electronically or in writing. The required information for the particular class or category of station must be readily available. Key letters or abbreviations may be used if their proper meaning or explanation is contained elsewhere in the same log.
(2)Erasures, obliterations, or willful destruction of written logs, or deletions of data or willful destruction of computer files or computer hardware containing electronic logs, is prohibited during the retention period. Corrections may be made only by the person originating the entry by striking out the error, initialing the correction and indicating the date of correction. With respect to electronic logs, striking out the error is to be accomplished using a strike-through formatting effect or a similar software function, and the correction is to be acknowledged through a dated electronic signature at the location of the strike-through.
(d)* * *
(2)“ON WATCH” must be entered by the operator beginning a watch, followed by the operator's signature for stations maintaining written logs. “OFF WATCH” must be entered by the operator being relieved or terminating a watch, followed by the operator's signature for stations maintaining written logs. All log entries must be completed by the end of each watch.
(e)* * *
(1)A summary of all distress and urgency communications affecting the station's own ship, all distress alerts relayed by the station's own ship, and all distress call acknowledgements and other communications received from search and rescue authorities.
(6)An entry at least once every thirty days that the batteries or other reserve power sources have been checked and are functioning properly. 44. The heading of subpart R is revised to read as follows: Subpart R—Technical Equipment Requirements for Cargo Vessels Not Subject to Subpart W § 80.858 [Amended] 45. Amend § 80.858 by removing paragraph
(b)and redesignating paragraphs (c), (d), and
(e)as (b), (c), and (d). 46. Amend § 80.871 by revising the entries for Channels 75 and 76 in the table in paragraph
(d)to read as follows: § 80.871 VHF radiotelephone station.
(d)* * * Channel designators Transmitting frequencies
(MHz)Ship station Coast station * * * * * * * 75 156.775 156.775 * * * * * * * 76 156.825 156.825 47. Add § 80.882 to read as follows: § 80.882 2182 kHz watch. Ships subject to this subpart must maintain a watch on the frequency 2182 kHz pursuant to § 80.305. 48. Amend § 80.905 by revising paragraphs (a)(1), (a)(2), (a)(3)(i), (a)(3)(iii)(A), (a)(3)(iii)(B), (a)(4)(i), (a)(4)(iii)(A), (a)(4)(iii)(B), and (a)(4)(vi) to read as follows: § 80.905 Vessel radio equipment.
(a)* * *
(1)Vessels operated solely within 20 nautical miles of land must be equipped with a VHF-DSC radiotelephone installation meeting the requirements of § 80.1101(c)(2), except that a VHF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established. Vessels in this category must not operate more than 20 nautical miles from land.
(2)Vessels operated beyond the 20 nautical mile limitation specified in paragraph (a)(1) of this section, but not more than 100 nautical miles from the nearest land, must be equipped with a MF-DSC frequency transmitter meeting the requirements of § 80.1101(c)(3) and capable of transmitting J3E emission and a receiver capable of reception of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF-DSC radiotelephone installation required by paragraph (a)(1) of this section, except that a MF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A2 coverage is established. The MF or MF-DSC transmitter and receiver must be capable of operation on 2670 kHz.
(3)* * *
(i)Be equipped with a VHF-DSC radiotelephone installation meeting the requirements of paragraph (a)(1) of this section, except that a VHF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established;
(iii)* * *
(A)A DSC-capable single sideband radiotelephone meeting the requirements of § 80.1101(c)(4) and capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in § 80.369(a) and (b), on all of the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d), and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels (this requirement may be met by the addition of such frequencies to the radiotelephone installation required by paragraph (a)(2) of this section); or
(B)If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT B, C, M, or Fleet F77 ship earth station, or an INMARSAT A ship earth station if installed prior to February 12, 2004.
(4)* * *
(i)Be equipped with two VHF-DSC radiotelephone installations meeting the requirements of paragraph (a)(1) of this section, except that VHF radiotelephone installations without DSC capability are permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established;
(iii)* * *
(A)A DSC-capable independent single sideband radiotelephone meeting the requirements of paragraph (a)(3)(iii)(A) of this section and that is capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in § 80.369(a) and (b), on all of the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d), and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels; or
(B)If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT B, C, M, or Fleet F77 ship earth station, or an INMARSAT A ship earth station if installed prior to February 12, 2004.
(vi)Be equipped with a Category I 406-406.1 MHz satellite emergency position-indicating radiobeacon (EPIRB) meeting the requirements of § 80.1061 or, if the ship is not operating in sea area A4, as defined in § 80.1069(a)(4), an automatic float-free INMARSAT-E EPIRB meeting the requirements of § 80.1063. Note to paragraph (a)(4)(vi): 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; and 49. Amend § 80.913 by revising paragraph
(a)to read as follows: § 80.913 Radiotelephone receivers.
(a)If a medium frequency radiotelephone installation is provided, the receiver must be capable of effective reception of J3E emissions, be connected to the antenna system specified by § 80.923, and be preset to, and capable of accurate and convenient selection of, the frequencies 2182 kHz, 2638 kHz, and the receiving frequency(s) of public coast stations serving the area in which the vessel is navigated. 50. Amend § 80.917 by revising paragraph
(a)to read as follows: § 80.917 Reserve power supply.
(a)The requirements of this section apply
(1)To vessels of more than 100 gross tons; and
(2)Beginning March 25, 2009 to
(i)Vessels that carry more than 150 passengers or have overnight accommodations for more than 49 persons; and
(ii)Vessels that operate on the high seas or more than three miles from shore on Great Lakes voyages. Any such vessel the keel of which was laid after March 1, 1957, must have a reserve power supply located on the same deck as the main wheel house or at least one deck above the vessel's main deck, unless the main power supply is so situated. § 80.933 [Amended] 51. Amend § 80.933 by removing paragraphs
(c)and
(d)and redesignating paragraph
(e)as paragraph (c). 52. Section 80.1051 is revised to read as follows: § 80.1051 Scope. This subpart describes the technical and performance requirements for EPIRB stations. 53. Amend § 80.1061 by revising paragraphs (a),
(c)introductory text, (c)(1)(ii), and
(e)to read as follows: § 80.1061 Special requirements for 406.0-406.1 MHz EPIRB stations.
(a)Notwithstanding the provisions in paragraph
(b)of this section, 406.0-406.1 MHz EPIRBs must meet all the technical and performance standards contained in the Radio Technical Commission for Maritime Services document entitled RTCM Paper 77-02/SC110-STD, “RTCM Recommended Standards for 406 MHz Satellite Emergency Position-Indicating Radiobeacons (EPIRBs),” Version 2.1, dated June 20, 2002 (RTCM Recommended Standards). The RTCM Recommended Standards 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 the RTCM Recommended 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: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . The RTCM Recommended Standards can be purchased from the Radio Technical Commission for Maritime Services, 1800 N. Kent St., Suite 1060, Arlington, VA 22209, *www.rtcm.org,* e-mail at *pubs@rtcm.org.*
(c)Prior to submitting a certification application for 406.0-406.1 MHz radiobeacon, the radiobeacon must be certified by a test facility recognized by one of the COSPAS-SARSAT Partners that the equipment satisfies the design characteristics associated with the measurement methods described in COSPAS-SARSAT Standards C/S T.001, “Specification for COSPAS-SARSAT 406 MHz Distress Beacons,” Issue 3—Revision 4, October 2002, and C/S T.007, “COSPAS-SARSAT 406 MHz Distress Beacon Type Approval Standard,” Issue 3—Revision 9, October 2002. Additionally, the radiobeacon must be subjected to the environmental and operational tests associated with the test procedures described in Appendix A of RTCM Standard 11000.2 (RTCM Paper 77-2002/SC110-STD, Version 2.1) for 406 MHz Satellite Emergency Position-Indicating Radiobeacons (EPIRBs), June 20, 2002, by a test facility accepted by the U.S. Coast Guard for this purpose. Information regarding accepted test facilities may be obtained from Commandant (G-MSE), U.S. Coast Guard, 2100 2nd St., SW., Washington, DC 20593-0001, *http://www.uscg.mil/hq/g-m/mse/lablist/lab161011.pdf.* The COSPAS-SARSAT Standards T.001 and T.007, and the RTCM Standard 11000.2 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 the COSPAS-SARSAT Standards can be inspected at the Federal Communications Commission, 445 12th Street, SW., Washington, DC (Reference Information Center) or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. The COSPAS-SARSAT Standards may be obtained from COSPAS-SARSAT Secretariat, c/o Inmarsat, 99 City Road, London EC1Y 1AX, United Kingdom, Telephone: +44 20-7728 1391, Facsimile: +44 20-7728 1170; *www.cospas-sarsat.org* . The RTCM Recommended Standards can be purchased from the Radio Technical Commission for Maritime Services, 1800 N. Kent St., Suite 1060, Arlington, VA 22209, *http://www.rtcm.org,* e-mail at *pubs@rtcm.org.*
(1)* * *
(ii)Copies of the certificate and test data obtained from the test facility recognized by a COSPAS/SARSAT Partner showing that the radiobeacon complies with the COSPAS/SARSAT design characteristics associated with the measurement methods described in the COSPAS-SARSAT Standards C/S T.001, “Specification for COSPAS-SARSAT 406 MHz Distress Beacons,” Issue 3—Revision 4, October 2002, and T.007, “COSPAS-SARSAT 406 MHz Distress Beacon Type Approval Standard,” Issue 3—Revision 9, October 2002, and RTCM Paper 77-2002/SC110-STD, “RTCM Standard 11000.2 for 406 MHz Satellite Emergency Position-Indicating Radiobeacons (EPIRBs),” Version 2.1, June 20, 2002. The COSPAS-SARSAT Standards C/S T.001 and T.007, and the RTCM Standard 11000.2 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 the COSPAS-SARSAT Standards can be inspected at the Federal Communications Commission, 445 12th Street, SW., Washington, DC (Reference Information Center) or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. The COSPAS-SARSAT Standards may be obtained from COSPAS-SARSAT Secretariat, c/o Inmarsat, 99 City Road, London EC1Y 1AX, United Kingdom, Telephone: +44 20-7728 1391, Facsimile: +44 20-7728 1170; *www.cospas-sarsat.org* . The RTCM Recommended Standards can be purchased from the Radio Technical Commission for Maritime Services, 1800 N. Kent St., Suite 1060, Arlington, VA 22209, *http://www.rtcm.org,* e-mail at *pubs@rtcm.org;*
(e)An identification code, issued by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be programmed in each EPIRB unit to establish a unique identification for each EPIRB station. With each marketable EPIRB unit, the manufacturer or grantee must include a postage pre-paid registration card printed with the EPIRB identification code addressed to: NOAA/SARSAT Beacon Registration, E/SP3, Federal Building 4, Room 3320, 5200 Auth Road, Suitland, MD 20746-4304. The registration card must request the owner's name, address, telephone number, type of ship, alternate emergency contact and other information as required by NOAA. The registration card must also contain information regarding the availability to register the EPIRB at NOAA's online web-based registration database at: *http://www/beaconregistration.noaa.gov.* In addition, the following statement must be included: “WARNING—failure to register this EPIRB with NOAA before installation could result in a monetary forfeiture being issued to the owner.” 54. Amend § 80.1063 by adding a note to paragraph
(a)to read as follows: § 80.1063 Special requirements for INMARSAT-E EPIRB stations.
(a)* * * Note to paragraph (a): 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. 55. Amend § 80.1065 by removing paragraphs
(a)and (b)(1) through (b)(6), redesignating paragraphs
(b)through
(d)as paragraphs
(a)through (c), and revising newly designated paragraph
(a)to read as follows: § 80.1065 Applicability.
(a)The regulations contained within this subpart apply to all passenger ships regardless of size and cargo ships of 300 tons gross tonnage and upwards. 56. Amend § 80.1071 by revising paragraphs (c)(1)(i) and (c)(1)(ii) to read as follows: § 80.1071 Exemptions.
(c)* * *
(1)* * *
(i)A VHF radiotelephone installation.
(ii)A MF or HF radiotelephone installation. 57. Amend § 80.1073 by revising paragraph
(a)introductory text to read as follows: § 80.1073 Radio operator requirements for ship stations.
(a)Ships must carry at least two persons holding GMDSS Radio Operator's Licenses as specified in § 13.7 of this chapter for distress and safety radiocommunications purposes. The GMDSS Radio Operator's License qualifies personnel as a GMDSS radio operator for the purposes of operating a GMDSS radio installation, including basic equipment adjustments as denoted in the knowledge requirements specified in § 13.203 of this chapter. 58. Amend § 80.1077 by removing and reserving footnote 11, and adding footnote 12 to the entry for INMARSAT E-EPIRBs to read as follows: § 80.1077 Frequencies. The following table describes the frequencies used in the Global Maritime Distress and Safety System: Alerting: * * * * * * * INMARSAT-E EPIRBs 12 1626.5-1645.5 MHz (Earth-to-space). * * * * * * * 11 [Reserved] 12 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. 59. Amend § 80.1083 by revising paragraph
(d)to read as follows: § 80.1083 Ship radio installations.
(d)Shipborne Integrated Radiocommunication System
(IRCS)may be utilized to integrate all GMDSS equipment into a standard operator's console. Such installation must be certified in accordance with § 80.1103 and meet the requirements of IMO Assembly Resolution A.811(19), “Performance Standards for a Shipborne Integrated Radiocommunication System
(IRCS)When Used in the GMDSS,” with Annex, adopted 23 November 1995. IMO Assembly Resolution A.811(19) with Annex 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: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* The IMO standards can be purchased from Publications, International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom. 60. Amend § 80.1085 by revising paragraphs (a)(6)(i) and (a)(6)(iii) to read as follows: § 80.1085 Ship radio equipment—General.
(a)* * *
(6)* * *
(i)Capable of transmitting a distress alert through the polar orbiting satellite service operating in the 406.0-406.1 MHz band (406.0-406.1 MHz EPIRB) or, if the ship is not operating in sea area A4, as defined in § 80.1069(a)(4), the 1.6 GHz band (INMARSAT-E EPIRB) Note to paragraph (a)(6)(1): 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; and
(iii)Examined and tested annually in accordance with the IMO standard, Circular MSC/Circ.1040, Guidelines on annual testing of 406 MHz satellite EPIRBs (28 May 2002). *See* § 80.1105(k). Circular MSC/Circ.1040 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 *http://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. 61. Amend § 80.1087 by revising paragraph (a)(2) to read as follows: § 80.1087 Ship radio equipment—Sea Area A1.
(a)* * *
(2)Through the polar orbiting satellite service on 406.0-406.1 MHz or the INMARSAT-E service in the 1.6 GHz band (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6), either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated). Note to paragraph (a)(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; or 62. Amend § 80.1089 by revising paragraph (a)(3)(i) to read as follows: § 80.1089 Ship radio equipment—Sea areas A1 and A2.
(a)* * *
(3)* * *
(i)Through the polar orbiting satellite service on 406.0-406.1 MHz or the INMARSAT-E service in the 1.6 GHz band (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6), either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated). Note to paragraph (a)(3)(i): 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; or 63. Amend § 80.1091 by revising paragraphs (a)(1)(i), (a)(4)(i), and (b)(3)(ii) to read as follows: § 80.1091 Ship radio equipment—Sea areas A1, A2, and A3.
(a)* * *
(1)* * *
(i)Transmitting and receiving distress and safety data communications;
(4)* * *
(i)Through the polar orbiting satellite service on 406.0-406.1 MHz or the INMARSAT-E service in the 1.6 GHz band (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6), either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated). Note to paragraph (a)(4)(i): 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; or
(b)* * *
(3)* * *
(ii)Through the INMARSAT-E service in the 1.6 GHz band (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6), either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated). Note to paragraph (b)(3)(ii): 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; or 64. Amend § 80.1095 by revising paragraph
(a)to read as follows: § 80.1095 Survival craft equipment.
(a)At least three two-way VHF radiotelephone apparatus must be provided on every passenger ship and on every cargo ship of 500 tons gross tonnage and upwards. At least two two-way VHF radiotelephone apparatus must be provided on every cargo ship of between 300-500 tons gross tonnage. Portable two-way VHF radiotelephones must be stowed in such locations that they can be rapidly placed in any survival craft other than life rafts required by Regulation III/26.1.4 of the SOLAS Convention. (The SOLAS Convention 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, *www.imo.org.* ) Alternatively, survival craft may be fitted with a fixed two-way VHF radiotelephone installation. Two-way VHF radiotelephone apparatus, portable or fixed, must conform to performance standards as specified in § 80.1101. 65. Amend § 80.1101 by revising paragraphs (b)(4), (b)(5), (c)(2)(ii), (c)(3)(ii), (c)(4)(ii), (c)(4)(iii), (c)(5)(iii), (c)(11), (c)(13)(ii), (c)(13)(iii), (c)(13)(iv), (c)(13)(v), (c)(13)(ix), (d)(3), and (d)(4), and adding paragraphs (c)(2)(iii), (c)(3)(iii) and (c)(13)(x) to read as follows: § 80.1101 Performance standards.
(b)* * *
(4)IEC 60092-101, Edition 4.1, “Electrical installations in ships—part 101: Definitions and general requirements,” August 2002.
(5)IEC 60533, “Electrical and electronic installations in ships—Electromagnetic compatibility,” November 1999.
(c)* * *
(2)* * *
(ii)ITU-R Recommendation M.493-11, “Digital Selective-calling System for Use in the Maritime Mobile Service,” with Annexes 1 and 2, 2004.
(iii)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.
(3)* * *
(ii)ITU-R Recommendation M.493-11, “Digital Selective-calling System for Use in the Maritime Mobile Service,” with Annexes 1 and 2, 2004.
(iii)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.
(4)* * *
(ii)ITU-R Recommendation M.493-11, “Digital Selective-calling System for Use in the Maritime Mobile Service,” with Annexes 1 and 2, 2004.
(iii)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.
(5)* * *
(iii)ITU-R Recommendation M.633-3, “Transmission characteristics of a satellite emergency position-indicating radiobeacon (satellite EPIRB) system operating through a low polar-orbiting satellite system in the 406 MHz band,” 2000.
(11)*INMARSAT-E EPIRBs:* Note: 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.
(i)IMO Resolution A.812(19), “Performance Standards for Float-Free Satellite EPIRBs Operating Through the Geostationary INMARSAT Satellite System on 1.6 GHz,” adopted 23 November 1995, and Annex, “Recommendation on Performance.”
(ii)IMO Resolution A.662(16), “Performance Standards for Float-Free Release and Activation Arrangements for Emergency Radio Equipment,” with Annex, adopted 19 October 1989.
(iii)Recommendation ITU-R M.632-3, “Transmission Characteristics of a Satellite Emergency Position-Indicating Radio Beacon (Satellite EPIRB) System Operating Through Geostationary Satellites in the 1.6 GHz Band,” 1997.
(iv)IEC 61097-5, First Edition “Global maritime distress and safety system (GMDSS)—part 5: Inmarsat-E Emergency position indicating radio beacon (EPIRB) operating through the Inmarsat system—operational and performance requirements, methods of testing and required test results,” including Annexes A, B, and C, 1997.
(v)The INMARSAT E-EPIRBs must also comply with § 80.1063.
(13)* * *
(ii)IEC 61097-3 Ed 1.0, “Global maritime distress and safety system (GMDSS)—part 3: Digital selective calling
(DSC)equipment—Operational and performance requirements, methods of testing and required testing results,” with Annexes, June 1994.
(iii)IEC 61097-4 Ed 1.0, “Global maritime distress and safety system (GMDSS)—part 4: INMARSAT-C Ship Earth Station and INMARSAT enhanced group call
(EGC)equipment—Operational and performance requirements, methods of testing and required test results,” November 1994.
(iv)IEC 61097-6, “Global maritime distress and safety system (GMDSS)—part 6: Narrowband direct-printing telegraph equipment for the reception of navigational and meteorological warnings and urgent information to ships (NAVTEX)—Operational and performance requirements, methods of testing and required test results,” February 1995.
(v)IEC 61097-7, “Global maritime distress and safety system (GMDSS)—part 7: Shipborne VHF radiotelephone transmitter and receiver—Operational and performance requirements, methods of testing and required test results,” October 1996.
(ix)IEC 61097-12 Ed 1.0, “Global maritime distress and safety system (GMDSS)—part 12: Survival craft portable two-way VHF radiotelephone apparatus—Operational and performance requirements, methods of testing and required test results,” December 1996.
(x)IEC 61097-13, First edition, “Global maritime distress and safety system (GMDSS)—part 13: INMARSAT F77 ship earth station equipment—Operational and performance requirements, methods of testing and required test results,” May 2003.
(d)* * *
(3)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.
(4)ISO Standards can be purchased from the International Organization for Standardization, 1 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. 66. Amend § 80.1103 by revising paragraph
(c)to read as follows: § 80.1103 Equipment authorization.
(c)Applicants for verification must attest that the equipment complies with performance standards as specified in § 80.1101 and, where applicable, that measurements have been made that demonstrate the necessary compliance. Submission of representative data demonstrating compliance is not required unless requested by the Commission. An application must include the items listed in §§ 2.953 and 2.955 of this chapter and a copy of the type-approval certification indicating that equipment meets GMDSS standards and includes all peripheral equipment associated with the specific unit under review. 67. Amend § 80.1113 by revising paragraph
(b)to read as follows: § 80.1113 Transmission of a distress alert.
(b)The format of distress calls and distress messages must be 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 specified in § 80.1101. ITU-R Recommendation M.493-11, with Annexes 1 and 2, and ITU-R Recommendation M.541-9, with Annexes 1 through 5, 2004, 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: *http://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. 68. Amend § 80.1117 by revising paragraph
(a)to read as follows: § 80.1117 Procedure for receipt and acknowledgement of distress alerts.
(a)Normally, distress calls received using digital selective calling are only acknowledged using a DSC acknowledgement by a coast station. Ships should delay any acknowledgement in order to give sufficient time for a coast station to acknowledge the call. In cases where no acknowledgement has been heard and no distress traffic has been heard, the ship should transmit a distress alert relay to the coast station. Upon advice from the Rescue Coordination Center, the ship may transmit a DSC acknowledgement call to stop it from being repeated. Acknowledgement by digital selective calling of receipt of a distress alert in the terrestrial services must comply with 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.541-9 with Annexes 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: *http://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. 69. Amend § 80.1123 by removing paragraph (d), redesignating paragraphs
(e)and
(f)as paragraphs
(d)and (e), and revising paragraph
(c)to read as follows: § 80.1123 Watch requirements for ship stations.
(c)Every ship while at sea must maintain, when practicable, a continuous listening watch on VHF Channel 16. This watch must be kept at the position from which the ship is normally navigated or at a position which is continuously manned. 70. Amend § 80.1125 by revising paragraph (j)(6) to read as follows: § 80.1125 Search and rescue coordinating communications.
(j)* * *
(6)The name and call sign of the mobile station which was in distress; and 71. Section 80.1153 is revised to read as follows: § 80.1153 Station log and radio watches.
(a)Licensees of voluntary ships are not required to maintain radio station logs.
(b)When a ship radio station of a voluntary ship is being operated, the appropriate general purpose watches must be maintained in accordance with §§ 80.147 and 80.310. [FR Doc. E8-903 Filed 1-24-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-31; MB Docket No. 05-295; RM-11280] Radio Broadcasting Services; Cumberland, KY, Glade Spring, Marion, and Weber City, VA AGENCY: Federal Communications Commission. ACTION: Final rule; grant of petition for reconsideration. SUMMARY: The staff reinstates and grants a rulemaking petition filed by JBL Broadcasting, Inc., seeking the substitution of Channel 274C3 for Channel 274A at Cumberland, Kentucky, the reallotment of Channel 274C3 from Cumberland to Weber City, Virginia, and the associated modification of the license for Station WVEK-FM based upon changed circumstances that have occurred since the release of the Report and Order in this proceeding. Although JBL's rulemaking petition was denied due to short-spacings to two pending and cut-off applications, recent amendments to those applications removed the conflicts and now permit the rulemaking petition to be granted. With this action, the proceeding is terminated. *See* SUPPLEMENTARY INFORMATION . DATES: Effective February 18, 2008. FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau,
(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Memorandum Opinion and Order, MB Docket No. 05-295, adopted January 2, 2008, and released January 4, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com* . To accommodate the reallotment of Station WVEK-FM to Weber City, Virginia, the Memorandum Opinion and Order also substituted Channel 263A for Channel 274A at Glade Spring, Virginia, and modified the construction permit for Station WFYE(FM) accordingly. It also substituted Channel 273A for Channel 263A at Marion, Virginia, and modified the license for Station WOLD-FM, accordingly. The Report and Order in this proceeding previously denied JBL Broadcasting, Inc.'s rulemaking petition. *See* 71 FR 36741 (June 28, 2006). The reference coordinates for Channel 274C3 at Weber City, Virginia, are 36-31-36 NL and 82-35-13 WL, for Channel 263A at Glade Spring, Virginia, are 36-47-50 NL and 81-36-52 WL, and for Channel 273A at Marion, Virginia, are 36-54-10 NL and 81-32-27 WL. JBL Broadcasting, Inc.'s proposal was formerly a rule change to Section 73.202(b), the FM Table of Allotments. *See* 70 FR 70777 (November 23, 2005). As a result of changes to the Commission's processing rules, modifications of FM channels for existing stations are no longer listed in Section 73.202(b) and are instead reflected in the Media Bureau's Consolidated Data Base System (CDBS). *See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services,* Report and Order, 71 FR 76208 (December 20, 2006). Nevertheless, a summary of the Memorandum Opinion and Order in the instant proceeding is being published in the **Federal Register** because part of JBL's proposal involved a channel substitution for a then vacant allotment at Glade Spring. Although the Memorandum Opinion and Order set forth an effective date of February 18, 2008, the modifications to the authorizations for Stations WVEK-FM, WFYE (FM), and WOLD-FM will be effective 30 days after publication of this summary in the **Federal Register** in compliance with Sections 1.427 and 1.429 of the Commission's rules. This document is not subject to the Congressional Review Act. (The Commission is, therefore, not required to submit a copy of this Report and Order to GAO, pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A) because no changes are being made 47 CFR Section 73.202(b)). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-1321 Filed 1-24-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-30; MB Docket No. 07-131; RM-11377] Radio Broadcasting Services; Live Oak, FL AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Audio Division, at the request of RTG Radio, LLC, deletes vacant Channel *259A at Live Oak, Florida, from the FM Table of Allotments, and, in its place, allots Channel *261A at Live Oak as the community's first local FM service. Channel *261A can be allotted to Live Oak, Florida, in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.4 km (6.5 miles) south of Live Oak at the following reference coordinates: 30-12-26 North Latitude and 83-01-26 West Longitude. DATES: Effective February 21, 2008. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau,
(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 07-131, adopted January 2, 2008, and released January 7, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20554,
(800)378-3160, or via the company's Web site, *http://www.bcpiweb.com* . The Commission will send a copy of this *Report and Order* in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Florida, is amended by removing Channel *259A, and by adding Channel *261A at Live Oak. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-1330 Filed 1-24-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-29; MB Docket No. 07-143; RM-11381] Radio Broadcasting Service; Charlo, MT AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Audio Division grants a petition for rulemaking filed by Spanish Peaks Broadcasting, Inc. for a new allotment at Charlo, Montana. Channel 251C3 can be allotted at Charlo, Montana, in compliance with the Commission's technical engineering requirements, at 47-32-20 North Latitude and 114-08-52 West Longitude with a site restriction of 11.3 kilometers (7.0 miles) north of Charlo, Montana. DATES: Effective February 18, 2008. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau,
(202)418-2187. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 07-143, adopted January 2, 2008, and released January 4, 2008. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com* . The Commission will send a copy of this *Report and Order* in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Montana, is amended by adding Charlo, Channel 251C3. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-1335 Filed 1-24-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032-7032-01] RIN 0648-XF20 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2008 total allowable catch
(TAC)of pollock for Statistical Area 610 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 22, 2008, through 1200 hrs, A.l.t., March 10, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2008 TAC of pollock in Statistical Area 610 of the GOA is 3,322 metric tons
(mt)as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007) and inseason adjustment (73 FR 1831, January 10, 2008). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2008 TAC of pollock in Statistical Area 610 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,307 mt, and is setting aside the remaining 15 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and
(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 610 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 17, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: January 18, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08-295 Filed 1-22-08; 1:24 pm]
Connectionstraces to 37
Traces to 37 documents
U.S. Code
31 references not yet in our index
  • 17 CFR 240
  • 17 CFR 240.14
  • 377 U.S. 426
  • 779 F.2d 793
  • 17 CFR 240.13
  • 33 CFR 100
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 33 CFR 110
  • 33 CFR 117
  • 40 CFR 70
  • 42 USC 7661-7661(f)
  • 40 CFR 72.72
  • 40 CFR 72.73
  • 40 CFR 72.83
  • 40 CFR 76.8
  • Pub. L. 104-4
  • Pub. L. 104-13
  • Pub. L. 107-198
  • 47 USC 151-155
  • 1 CFR 51
  • 46 CFR 28.150
  • 47 USC 381-386
  • 47 CFR 73
  • 47 CFR 73.202(b)
  • 50 CFR 679
  • 50 CFR 600
Citation graph
cites case law
Rules and Regulations
Final rule
U.S.C.§ 78a
C.F.R.§ 243.100
U.S.C.§ 78n
U.S.C.§ 78l
U.S.C.§ 230
U.S.C.§ 3501
U.S.C.§ 78w
U.S.C.§ 78c
U.S.C.§ 80a–2
SCOTUS377 U.S. 426
F. App'x779 F.2d 793
Cite17 CFR 240
Cites 68 · showing 12Cited by 0 across 0 sources
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