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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
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Congress directed the Commission to consider whether imposing requirements with respect to the manner in which devices used to mark fishing equipment are deployed and used would enable them to be authorized to operate in radio frequencies assigned for AIS consistent with the core purpose of the AIS to prevent maritime accidents. The Commission currently authorizes radio buoy operations under a ship station license for commercial fishing operations on the open sea and the Great Lakes in the 19002000 kHz band.
Ex Parte Rules This proceeding shall be treated as a permit-but-disclose proceeding in accordance with the Commissions ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must: 1 List all persons attending or otherwise participating in the meeting at which the ex parte presentation was made; and 2
summarize all data presented and arguments made during the presentation.
If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or Federal numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with 1.1206b of the Commissions rules. In proceedings governed by 1.49f of the rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.

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Synopsis I. Introduction 1. As required by Section 8416 of the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021, we initiate this rulemaking proceeding to explore whether to authorize devices that can be used to mark fishing equipment for use on Automatic Identification System AIS
channels without undermining the core purpose of AIS to prevent maritime accidents. AIS is a maritime navigation safety and domain awareness communication system that has been successfully relied upon both domestically and internationally to provide pertinent navigation safety information among vessels, aircraft, and maritime authorities. The Commissions existing rules limit the use of AIS
channels to devices needed for safety and do not authorize the use on AIS
channels of devices used to mark fishing equipment or the marketing of such devices. This NPRM seeks comment on both the issue raised in Section 8416 of the NDAA21 and on the use of alternative spectrum other than AIS
channels for these types of devices.
II. Background 2. Automatic Identification System.
Under Commission rules, AIS is defined as a maritime navigation safety communications system . . . that provides vessel information, including the vessels identity, type, position, course, speed, navigational status and other safety-related information automatically to appropriately equipped shore stations, other ships, and aircraft;
receives automatically such information from similarly fitted ships; monitors and tracks ships; and exchanges data with shore-based facilities. The Commissions rules codify the international standards for AIS to ensure AIS devices meet the requirements of the International Maritime Organization IMO, which imposes obligations on vessels traveling in international waters. The IMO
established those requirements to improve the safety of navigation by assisting in the efficient navigation of ships, protection of the environment, and operation of Vessel Traffic Services. An AIS device allows users to receive data related to the locations of other vessels in the area, additional objects like navigational aids, and maritime-related messages. The IMO
adopted a requirement for AIS to be fitted aboard all ships of 300 gross tonnage or more engaged on international voyages, cargo ships of 500
gross tonnage or more not engaged on
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international voyages, and all passenger ships carrying more than 12 passengers.
The United States Coast Guard Coast Guard, acting pursuant to statutory directive, expanded the AIS carriage requirement to most commercial vessels in U.S. navigable waters.
3. The Commission has incorporated by reference, in part 80 of its rules, an International Telecommunication Union ITU international standard for AIS
equipment and several other international standards for AIS, as the basis for certifying compulsory and voluntary AIS equipment. The only AIS
equipment types currently authorized under part 80 of the Commissions rules are Class A and B shipborne equipment, AIS Search and Rescue Transponders AISSARTs, and Maritime Survivor Locating Devices MSLDs. Class A AIS
devices are typically used by sea-going vessels to comply with international and Coast Guard carriage requirements, and have a much greater transmit power and provide more information than Class B devices. Class B AIS devices may be used for voluntary carriage by recreational and other non-compulsory vessels and a select segment of mandatory AIS users in lieu of a Class A device. AISSARTs are carried on board survival craft for use during a distress situation to assist search and rescue personnel in locating those in distress. An AISSART is used to locate a survival craft or distressed vessel by transmitting a unique identification code and GPS coordinates to all AISenabled vessels in VHF range. MSLDs are devices intended to aid in locating persons in the water. The Commission has also granted temporary waiver of its rules to permit certification and use of AIS Aid to Navigation AtoN stations.
4. In 2006, the Commission implemented the international AIS
allocation domestically by designating VHF maritime Channels 87B 161.975
MHz and 88B 162.025 MHz for AIS.
These channels are denominated AIS 1
and AIS 2, respectively, and are authorized for use only by Class A and B AIS devices, AISSARTs, AIS AtoNs, and MSLDs. The Commission does not authorize non-AIS use of the AIS
channels or certification of non-AIS
VHF radios that include the AIS
frequencies.
5. As more vessels become equipped with authorized AIS equipment and usage increases, AIS 1 and 2 have the potential to become overloaded in areas with high vessel traffic. A consequence of overloading is an impact on mariner situational awareness, including reduction in the navigational range of the AIS system, effectively limiting the number of vessels that can be observed
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