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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )       
                                )       
                                )       File No. EB-01-DT-415
KYS Inc.                        )
Sandusky Bay Marine Towing      )       FRN: 0006-0042-20
Sandusky, Ohio                  )       NAL/Acct.             No. 

200232360003


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  December 
31, 2001
By the District Director, Detroit Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that KYS Inc., Sandusky Bay Marine Towing (``KYS 
Inc.'')  has  apparently  violated  the  Great  Lakes   Agreement 
(``GLA'')1  and   Sections  80.953(a)   and  80.953(b)   of   the 
Commission's Rules2 (the ``Rules'') as a result of their  vessel, 
the ``Recovery'',  navigating  the  Great  Lakes  without  having 
obtained the  annual GLA  inspection and  certification of  their 
marine VHF radiotelephone equipment.   We conclude that KYS  Inc. 
is apparently  liable  for a  forfeiture  in the  amount  of  two 
thousand two hundred dollars ($2,200).

                         II.  Background

     2.   The GLA requires, among other things, that all  vessels 
65 feet or over in length  (20 meters), most towing vessels,  and 
vessels carrying more  than six passengers  for hire be  equipped 
with a marine VHF  radiotelephone installation when navigated  on 
the Great Lakes.  The GLA is  intended to promote safety of  life 
and property on the  Great Lakes by means  of radio and  requires 
the radiotelephone  installation be  inspected and  certified  at 
least once every thirteen months.  The inspection of GLA  subject 
vessels may  be  performed  by  the  holder  of  an  FCC  General 
Radiotelephone  Operator   License,  GMDSS   Radio   Maintainer's 
License, Second  Class Radiotelegraph  Operator's Certificate  or 
First Class Radiotelegraph Operator's Certificate. 

     3.   On June 29, 2001, an FCC agent from the Detroit  Office 

conducted random inspections  of vessels  subject to  the GLA  in 

Sandusky, Ohio to  determine whether GLA  inspections were  being 

conducted and certified.   The agent  inspected the  ``Recovery'' 

and determined that the vessel did not have a current GLA  safety 

inspection and  certification.  The  agent also  determined  that 

that the vessel had navigated the waters of the Great Lakes as  a 

towing vessel.  As a  follow up to this,  copies of ship  station 

logs were requested and received  on July 2, 2001.  A  subsequent 

review  of  these  logs  indicated  that  the  ``Recovery''   had 

navigated on at least  June 10, 11, 19,  and 24, 2001, without  a 

valid GLA certification.

     4.   On July 26, 2001, the Detroit District Director  issued 

an Official Notice of Violation  (``NOV'') to KYS Inc.,  Sandusky 

Bay Marine Towing,  603 42nd  Street, Sandusky,  Ohio 44870,  for 

failure to  have their  vessel ``Recovery''  inspected under  the 

provisions of the  GLA.  The Detroit  Office received a  response 

from KYS Inc. on August 20,  2001, in which they admitted to  the 

violations.   The  correspondence  also  indicated  that   future 

correspondence be sent  to 39  Cedar Point  Road, Sandusky,  Ohio 

44870.

                        III.  Discussion

     5.   In order to promote the safety of life and property  on 

the Great Lakes, the Great Lakes Agreement and Sections 80.953(a) 

and 80.953(b) of the  Rules require that  vessels subject to  the 

GLA have the radiotelephone installation inspected and  certified 

annually.

     6.   Based on the evidence before us, we find that KYS  Inc. 

has violated the Great Lakes Agreement and Sections 80.953(a) and 

80.953(b) of the Commission's Rules  as a result of their  vessel 

the ``Recovery'' having navigated the Great Lakes on June 10, 11, 

19  and  24,  2001   without  having  had  their   radiotelephone 

installation inspected  and certified  as required  by the  Great 

Lakes Agreement.   The Commission's  Forfeiture Policy  Statement 

and Amendment of  Section 1.80  of the Rules  to Incorporate  the 

Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 

denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')3, 

sets the  statutory maximum  amount  forfeiture at  five  hundred 

fifty dollars  ($550)  per  day for  violating  the  Great  Lakes 

Agreement.  In assessing the monetary forfeiture amount, we  must 

take into account  the downward adjustment  factors set forth  in 

Section 1.80 of the Rules for non-Section 503 forfeitures,  which 

include minor  violations, good  faith or  voluntary  disclosure, 

history of overall compliance, and inability to pay.  While  this 

is not a minor violation, the record reveals that KYS Inc. has an 

overall history of compliance  and showed good faith  surrounding 

the  violations  by  the  voluntary  disclosure  of  information; 

however, the  violations  are  egregious.   Applying  the  Policy 

Statement and the  adjustment criteria  to the  instant case,  we 

believe that a two thousand two hundred dollar ($2,200)  monetary 

forfeiture is warranted.  

                      IV.  Ordering Clauses

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
506(a) of the  Act4 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules5, KYS Inc. Sandusky Bay Marine Towing is hereby NOTIFIED of 
this APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  two 
thousand two hundred dollars ($2,200) for willfully violating the 
Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the 
Commission's Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 

the Commission's Rules, within thirty days of the release date of 

this NOTICE OF APPARENT LIABILITY, KYS Inc., Sandusky Bay  Marine 

Towing SHALL PAY the  full amount of  the proposed forfeiture  or 

SHALL FILE a written statement seeking reduction or  cancellation 

of the proposed forfeiture.

     9.   Payment of  the forfeiture  may be  made by  mailing  a 

check or similar instrument, payable to the order of the  Federal 

Communications Commission, to the Forfeiture Collection  Section, 

Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 

73482, Chicago, Illinois 60673-7482.  The payment should note the 

NAL/Acct. No. 200232360003. 

     10.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200232360003. 

     11.  The Commission will not consider reducing or  canceling 

a forfeiture in response  to a claim of  inability to pay  unless 

the petitioner  submits: (1)  federal tax  returns for  the  most 

recent  three-year  period;  (2)  financial  statements  prepared 

according to generally accepted accounting practices  (``GAAP''); 

or (3)  some  other  reliable and  objective  documentation  that 

accurately reflects  the petitioner's  current financial  status.  

Any claim  of inability  to pay  must specifically  identify  the 

basis for the claim by  reference to the financial  documentation 

submitted.

     12.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 

Street, S.W., Washington, D.C. 20554.6

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 

Receipt Requested, to KYS Inc.,  Sandusky Bay Marine Towing,  603 

42nd Street,  Sandusky, Ohio  44870  and Certified  Mail,  Return 

Receipt Requested, to Sandusky Bay Marine Towing, 39 Cedar  Point 

Road, Sandusky, Ohio 44870.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office

_________________________

1 Agreement Between Canada and the United States for the 
Promotion of Safety on the Great Lakes by Means of Radio T.I.A.S. 
7837, amended T.I.A.S. 9352 (Great Lakes Agreement).

2 47 C.F.R.  80.953(a), and 80.953(b).
347 C.F.R.  1.80.

4 47 U.S.C.  507(a).

5 47 C.F.R.  0.111, 0.311, and 1.80.

6 See 47 C.F.R.  1.1914.