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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Kirby Offshore Marine, LLC ) File No.: EB-FIELDWR-14-00012976

   Licensee of Station WDD9272 )

   Vessel Sirius, Official #558877 ) NOV No.: V201432960006

   )

   Benicia, CA )

   )

                              NOTICE OF VIOLATION

                                                    Released: January 9, 2014

   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 Kirby Offshore Marine, LLC,
       licensee of radio station WDD9272, Vessel Sirius, Official #558877, in
       Benicia, 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 December 26, 2013, the Enforcement Bureau's San Francisco Office
       was contacted by the U.S. Coast Guard (USCG) Vessel Traffic Service
       (VTS) and informed that a radio signal (dead carrier) on Marine VHF
       Channel 14 (156.700 MHz) was continuously transmitting and blocking
       the use of the frequency by the USCG VTS. An agent of the Enforcement
       Bureau's San Francisco Office monitored the frequency and determined
       by radio direction finding techniques that the Vessel Sirius was the
       source of the interfering superfluous transmissions. The vessel was
       located off shore near Benicia, California, and the following
       violation was observed:

     a. 47 C.F.R. S 80.89(a): "Stations must not engage in superfluous radio
        communication." At the time of monitoring, Vessel Sirius was
        continuously transmitting a dead carrier on 156.700 MHz that caused
        interference to the radio operations of the USCG VTS.

    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, Kirby Offshore Marine, LLC, 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 Kirby Offshore
       Marine, LLC to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Kirby Offshore Marine, LLC with personal
       knowledge of the representations provided in Kirby Offshore Marine,
       LLC'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.^

    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 Drive, Suite 105

   Pleasanton, California 94588-8543

    6. This Notice shall be sent to Kirby Offshore Marine, LLC at its 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

   3

                       Federal Communications Commission