Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

Certified Mail #7001 0320 0002 9837 2314                         
Return Receipt Requested

In the Matter of                )
American Workboats              )            File  No.  EB-04-HL-
Licensee of Ship Radio Station  )
Documentation Number 549929     )
Pier 14, First Floor            )            NOV              No.  
Honolulu, Hawaii  96817         )

                       NOTICE OF VIOLATION

                                             Released:  April 13, 

By the Honolulu Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     American Workboats, licensee of ship radio station  AMERICAN 
     EMERALD, WAB8906.

  2.      On  April  12,  2004,  an  agent  of  the  Commission's 
     Honolulu  Office  inspected  ship  radio  station   AMERICAN 
     EMERALD, documentation number 549929, moored at the Pier 13, 
     Honolulu  Harbor,   Hawaii,  and   observed  the   following 

       47 C.F.R.   80.89(a): ``Stations must not engage  in 
       superfluous  radio  communications.''   Transmissions 
       by   emergency   position   indicating   radiobeacons 
       (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  on  board  the 
       vessel AMERICAN  EMERALD was apparently activated  by 
       improper  storage or  handling while  the vessel  was 
       undergoing maintenance.    

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, American Workboats, must  submit a written  statement 
     concerning this matter  within 20  days of  release of  this 
     Notice.  The  response must  fully explain  each  violation, 
     must contain a statement of the specific action(s) taken  to 
     correct each violation and  preclude recurrence, and  should 
     include a  time line  for completion  of pending  corrective 
     action(s).  The  response must  be  complete in  itself  and 
     signed by  a  principal or  officer  of the  licensee.   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
                 Honolulu Office
                 P.O. Box 971030
                 Waipahu, Hawaii 96797-1030

  4.      This Notice  shall be  sent by  certified mail,  return 
     receipt requested,  to American  Workboats, Pier  14,  First 
     Floor, Honolulu, Hawaii 96817. 

  5.      The Privacy Act  of 19743 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.  Any false statement  made 
     knowingly  and  willfully  in   reply  to  this  Notice   is 
     punishable by fine  or imprisonment  under Title  18 of  the 
     U.S. Code.4

                                FEDERAL COMMUNICATIONS 

                                John R. Raymond
                                Resident Agent
                                Honolulu Office


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.