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

In the Matter of	)
	)
James Ratshin	)              File No. EB-FIELDNER-13-00010860 
Vessel Stella Maris	)
Seaside Park, New Jersey	)	NOV No. V201332400047
	)


NOTICE OF VIOLATION

	
	Released:  September 16, 2013

By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:


* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules), to James Ratshin, owner of an Emergency Position Indicating Radio Beacon (EPIRB) used on the vessel "Stella Maris," NJ1965HB, in Seaside Park, New Jersey.  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 violations noted herein.

* On August 25, 2013, the Enforcement Bureau's Philadelphia Office received a complaint from the U. S. Coast Guard's Norfolk Rescue Coordination Center concerning interference to the safety and distress frequency of 406.0278 MHz.  Using radio direction finding techniques, agents from the Philadelphia Office traced the interfering signal to the EPIRB on the Stella Maris, located at Seaside Park Marina, and observed the following violations:

  + 47 C.F.R. § 80.89(a): "Stations must not engage in superfluous radiocommunication."  Transmissions by EPIRBs are intended to be actuated manually or automatically as part of a ship or a survival craft station as a locating aid for survival purposes.  At the time of the inspection, the Stella Maris's EPIRB had been activated in the absence of any emergency situation. 

  + 47 C.F.R. § 80.1061(f): "To enhance protection of life and property it is mandatory that each 406.0-406.1 MHz EPIRB be registered with NOAA before installation and that information be kept up-to-date...." At the time of the inspection, the Stella Maris's EPIRB was installed but had not been registered with NOAA.  

* 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, James Ratshin 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 actions taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective actions.  The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.  

* In accordance with Section 1.16 of the Rules, we direct James Ratshin to support his response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by James Ratshin, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in the licensee'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.  

* 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047

* This Notice shall be sent to James Ratshin at his address of record.  




* 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




David C. Dombrowski
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau