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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Arthur C. Harris ) File No.  EB-FIELDWR-13-00009425

   M/V Yucatan, CF8065SR )

   Oakland, California ) NOV No. V201332960019

   )

                              NOTICE OF VIOLATION

                                                     Released: July  25, 2013

   By the District Director, San Francisco 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 Arthur C. Harris, registered
       owner of the vessel M/V Yucatan, CF8065SR, located at Oyster Point
       Marina, South San Francisco, 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.^

    2. On June 21, 2013, an agent of the Enforcement Bureau's San Francisco
       Office was contacted concerning a false activation of an Emergency
       Position Indicating Radio Beacon (EPIRB) associated with the vessel
       M/V Yucatan registered to Arthur C. Harris, and located at the Oyster
       Point Marina in South San Francisco. The Coast Guard identified the
       EPIRB with a registration number as received by the National Oceanic
       and Atmospheric Administration (NOAA). The Coast Guard confirmed that
       this EPIRB was in operation and transmitting an emergency signal
       onboard the vessel M/V Yucatan while the vessel was tied to the pier
       at the Oyster Point Marina. The operation of the EPIRB when the vessel
       is not in distress resulted in the following violation:

   47 C.F.R. S 80.89(a): "Stations must not engage in superfluous radio
   communication." 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. At the
   time of operation, Coast Guard Auxiliary personnel located the EPRIB in a
   drawer on board the vessel M/V Yucatan, the vessel was not in distress.

    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 violation and any remedial actions taken.
       Therefore, Arthur C. Harris 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 Arthur C.
       Harris to support his response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by Arthur C.
       Harris, 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.^

    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

   San Francisco Office

   5653 Stoneridge Dr., Suite 105

   Pleasanton, California 94588-8543

    6. This Notice shall be sent to Arthur C. Harris 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

   David K. Hartshorn

   District Director

   San Francisco 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

   2

                       Federal Communications Commission