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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   John D. Marrington ) File No. EB-FIELDWR-12-00005840

   )

   Commercial Fishing Vessel "Mary F" )

   )

   Documentation Number 506907 )

   )

   Brookings, Oregon ) NOV No. V201332920005

                              NOTICE OF VIOLATION

   Released: January 7, 2013

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to John D. Marrington, owner of
       commercial fishing vessel "Mary F", Coast Guard's Documentation Number
       50690 in Brookings, Oregon. Pursuant to Section 1.89(a) of the Rules,
       issuance of this Notice does not preclude the Enforcement Bureau from
       further action if warranted, including issuing a Notice of Apparent
       Liability for Forfeiture for the violation noted herein.

    2. On December 20, 2012, the Enforcement Bureau's Portland Resident Agent
       Office received a report from the National Oceanic and Atmospheric
       Administration (NOAA) regarding the false activation of a registered
       406 MHZ emergency position indicating radio beacon (EPIRB) installed
       on commercial fishing vessel "Mary F" in Brookings, Oregon.
       Investigation from this office revealed that the referenced EPIRB was
       incorrectly mounted in its bracket causing a false activation. The
       device was subsequently deactivated on that same date by the vessel's
       owner upon notification from the FCC Portland Office. The false
       activation of the EPIRB was in violation of the following FCC Rules:

   a. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
   radiocommunication." Transmissions by EPIRBs are intended to be actuated
   manually or automatically and operated automatically as part of a ship or
   a survival craft station as a locating aid for survival purposes. The 406
   MHz EPIRB installed on vessel "Mary F" was inadvertently activated on
   December 20, 2012, but there was no emergency.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore,
       John D. Marrington, must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself 
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Rules, we direct John D.
       Marrington  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by John D.
       Marrington with personal knowledge of the representations provided in
       the response, verifying the truth and accuracy of the information
       therein, and confirming that all of the information requested by this
       Notice which is in the regulatee's possession, custody, control, or
       knowledge has been produced. To knowingly and willfully make any false
       statement or conceal any material fact in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.

    5. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and mailed to
       the following address:

   Federal Communications Commission

   Portland Resident Agent Office

   P.O. Box 61469

   Vancouver, WA 98666-1469

    6. This Notice shall be sent to John D. Marrington at his address of
       record.

    7. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 308(b).

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission