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

In the Matter of	)
	)
Foss Maritime Company	)	       File No. EB-FIELDWR-14-00017039
	)
Towing Vessel Arthur Foss, WRB5693	)
	)	NOV No. V201432900028
San Pedro, California	)


NOTICE OF VIOLATION


	Released:  September 11, 2014

By the District Director, Los Angeles, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules, to Foss Maritime Company (Foss Maritime),
registered owner of the Emergency Indicating Radio Beacon (EPIRB)
associated with the towing vessel Arthur Foss, assigned callsign WRB5693,
docked in San Pedro, California.  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(s) noted herein.

* On August 7, 2014, the Enforcement Bureau's Los Angeles Office received
a complaint from the National Oceanic and Atmospheric Administration's
Mission Control Center requesting assistance in locating the false
activation of a 406 MHz EPIRB.	Agents from the Los Angeles Office
located and inspected the EPIRB associated with the vessel Arthur Foss,
located in a dry-docked position at the Al Larson Boat Shop in San Pedro,
California, and observed the following violation:

	** 47 C.F.R. ยง 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 EPIRB associated with vessel
	Arthur Foss was activated on August 7, 2014 in the absence of
	any emergency situation.


* Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Foss Maritime 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.

* In accordance with Section 1.16 of the Commission's Rules, we direct
Foss Maritime to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an authorized
officer of Foss Maritime with personal knowledge of the representations
provided in Foss Martime's 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 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
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703

* This Notice shall be sent to Foss Maritime Company at its 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




Charles A. Cooper
District Director
Los Angeles District Office
Western Region
Enforcement Bureau