NMFS To List 82 Species of Corals as Threatened or Endangered

We (NMFS) announce a 90-day finding on a petition to list 83 species of corals as threatened or endangered under the ESA. We find that the petition presents substantial scientific or commercial information indicating that the petitioned actions may be warranted for 82 species; we find that the petition fails to present substantial scientific or commercial information indicating that the petitioned

action may be warranted for Oculina varicosa. Therefore, we initiate status reviews of 82 species of corals to determine if listing under the ESA is warranted. To ensure these status reviews are comprehensive, we solicit scientific and commercial information regarding these coral species.

DATES: Information and comments must be submitted to NMFS by April 12, 2010.

ADDRESSES: You may submit comments, information, or data, identified by the Regulation Identifier Number (RIN), 0648-XT12, by any of the following methods:

    Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: http://www.regulations.gov.

    Mail: Assistant Regional Administrator, Protected Resources Division, NMFS, Pacific Islands Regional Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814 (for species occurring in the Pacific Ocean); or Assistant Regional Administrator, Protected Resources Division, NMFS, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701 (for species occurring in the Atlantic Ocean).

    Facsimile (fax): (907) 586-7012 (for species occurring in the Pacific Ocean); (727) 824-5309 (for species occurring in the Atlantic

Ocean).

    Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

    NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

    Interested persons may obtain a copy of this coral petition from the above addresses or online from the NMFS HQ website: http://www.nmfs.noaa.gov/pr/species/invertebrates/.

FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS Pacific Islands Region, (808) 944-2258; Jennifer Moore, NMFS Southeast Region, (727) 824-5312; or Marta Nammack, NMFS, Office of Protected Resources, (301) 713-1401.

On October 20, 2009, we received a petition from the Center for Biological Diversity to list 83 species of coral as threatened or

endangered under the ESA. The petitioner also requested that critical habitat be designated for these corals concurrent with listing under the ESA. The petition asserts that synergistic threats of ocean warming, ocean acidification, and other impacts affect these species, stating that immediate action is needed to reduce greenhouse gas concentrations to levels that do not jeopardize these species. The petition also asserts that the species are being affected by dredging, coastal development, coastal point source pollution, agricultural and land use practices, disease, predation, reef fishing, aquarium trade, physical damage from boats and anchors, marine debris, and aquatic invasive species. The petition briefly summarizes the description, taxonomy, natural history, distribution, and status for each petitioned species, and discusses the status of each oceanic basin's coral reefs. It also describes current and future threats that the petitioners assert are affecting or will affect these species.

The 83 species included in the petition are: Acanthastrea brevis, Acanthastrea hemprichii, Acanthastrea ishigakiensis, Acanthastrea

regularis, Acropora aculeus, Acropora acuminate, Acropora aspera, Acropora dendrum, Acropora donei, Acropora globiceps, Acropora horrida, Acropora jacquelineae, Acropora listeri, Acropora lokani, Acropora microclados, Acropora palmerae, Acropora paniculata, Acropora pharaonis, Acropora polystoma, Acropora retusa, Acropora rudis, Acropora speciosa, Acropora striata, Acropora tenella, Acropora vaughani, Acropora verweyi, Agaricia lamarcki, Alveopora allingi, Alveopora fenestrate, Alveopora verrilliana, Anacropora puertogalerae, Anacropora spinosa, Astreopora cucullata, Barabattoia laddi, Caulastrea echinulata, Cyphastrea agassizi, Cyphastrea ocellina, Dendrogyra cylindrus, Dichocoenia stokesii, Euphyllia cristata, Euphyllia paraancora, Euphyllia paradivisa, Galaxea astreata, Heliopora coerulea, Isopora crateriformis, Isopora cuneata, Leptoseris incrustans,

Leptoseris yabei, Millepora foveolata, Millepora tuberosa, Montastraea annularis, Montastraea faveolata, Montastraea franksi, Montipora angulata, Montipora australiensis, Montipora calcarea, Montipora caliculata, Montipora dilatata, Montipora flabellata, Montipora lobulata, Montipora patula, Mycetophyllia ferox, Oculina varicosa, Pachyseris rugosa, Pavona bipartite, Pavona cactus, Pavona decussate, Pavona diffluens, Pavona venosa, Pectinia alcicornis, Physogyra lichtensteini, Pocillopora danae, Pocillopora elegans, Porites horizontalata, Porites napopora, Porites nigrescens, Porites pukoensis, Psammocora stellata, Seriatopora aculeata, Turbinaria mesenterina, Turbinaria peltata, Turbinaria reniformis, and Turbinaria stellula. Eight of the petitioned species are in the Caribbean and belong to the following families: Agaricidae (1); Faviidae (3); Meandrinidae (2); Mussidae (1); Oculinidae (1). Seventy-five of the petitioned species are in the Indo-Pacific region, represented by five families (nine species) in Hawaii: Acroporidae (4); Agaricidae (1); Poritidae (1); Faviidae (2); Siderastreidae (1); and 11 families and one order in the rest of the Indo-Pacific region: Acroporidae (31); Agaricidae (7); Poritidae (6); Faviidae (2); Dendrophylliidae (4); Euphyllidae (4); Oculinidae (1); Pectiniidae (1); Mussidae (4); Pocilloporidae (3); Milleporidae (2); Order Helioporacea (1). All 83 species can be found in the United States, its territories (Puerto Rico, U.S. Virgin Islands, Navassa, Northern Mariana Islands, Guam, American Samoa,

Pacific Remote Island Areas), or its freely associated states (Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau), though many occur more frequently in other countries.

    The petition states that all of these species are classified as vulnerable (76 species), endangered (six species: Acropora rudis,

Anacropora spinosa, Montipora dilatata, Montastraea annularis, M. faveolata, Millepora tuberosa), or critically endangered (one species: Porites pukoensis) by the World Conservation Union (IUCN). Montipora dilatata and Oculina varicosa are also on our Species of Concern list.

The International Joint Commission, in cooperation with the participating agencies listed below, is hosting a public meeting in Ypsilanti, Mich., on Feb. 17 to discuss plans and get recommendations on Asian carp control efforts. This will be the second public meeting in the Great Lakes region.

Who: Senior representatives from International Joint Commission;

U.S. Environmental Protection Agency;

U.S. Fish and Wildlife Service;

U.S. Army Corps of Engineers;

U.S. Coast Guard;

Great Lakes states, provinces, municipalities and tribes (invited);

White House Council on Environmental Quality; and Scientific experts

When: 3:00 – 6:00 p.m., Wednesday, Feb. 17

Where: Marriott Ann Arbor Ypsilanti at Eagle Crest

1275 S. Huron

Ypsilanti, MI 48197

The meeting also will be available via live web stream at: http://www.epa.gov/greatlakes/live. Those who cannot attend the meeting in person can submit questions on the Web site.

When available, the framework and a transcript of the meeting will be posted on http://www.asiancarp.org/regionalcoordination. Comments on the framework may also be submitted online at the above Web site.

It gives me great pleasure to announce Eric Schwaab as the new assistant administrator for fisheries, starting February 16. We are excited to have someone with Eric’s experience and proven leadership to bring a fresh perspective to the management of NOAA’s National Marine Fisheries Service. Eric will lead NOAA’s efforts to rebuild our fisheries and the jobs and livelihoods that depend on them. His immediate priorities include improving outreach and relationships with recreational and commercial fishermen, better aligning federal and regional fisheries priorities, restoring confidence in fisheries law enforcement, and promoting management approaches that will achieve both sustainable fisheries and vibrant coastal communities.

Eric brings more than 25 years of experience in local, state and federal natural resource management. He has spent the majority of his career at the Maryland Department of Natural Resources, where he began as a natural resources police law enforcement officer in 1983. He eventually served as director of the Maryland Forest Service; director of the Maryland Forest, Wildlife and Heritage Service; and director of the Maryland Fisheries Service. In 2003, Eric left the Maryland Department of Natural Resources to serve as resource director for the Association of Fish and Wildlife Agencies until 2007. He then returned to the Maryland Department of Natural Resources as the deputy secretary. Eric has also served as a member of the U.S. Department of Commerce Marine Fisheries Advisory Committee.

Eric is a creative and proven manager, consensus builder and leader. He has developed and implemented solutions to address challenges in regional habitat restoration, including Chesapeake Bay restoration issues, fish and wildlife conservation, public lands management, natural resources law enforcement, public agency administration, strategic planning and leadership development.

I am excited to welcome Eric to the NOAA family. He will work with NOAA leadership, the fisheries service, his fellow assistant administrators and our many constituents to further our efforts to protect and manage the nation’s fisheries, our other trust resources including marine mammals and sea turtles, and the ecosystems upon which they depend. Welcome Eric!

I would also like to take this opportunity to express my deep appreciation to Dr. Jim Balsiger, the acting assistant administrator, for his superb and sustained leadership. Jim has led the fisheries service for over two years in this capacity, far from his home in Alaska, and done so with distinction. He was especially instrumental in engaging the fishery management councils in the process of developing the draft catch shares policy. Dr. Balsiger will soon return to his position as NOAA Fisheries’ regional administrator for Alaska, but before doing so will assist Eric with his transition into the fisheries service and NOAA. I’d also like to thank the entire team at NOAA Fisheries who have done an excellent job during this period. 
 

Dr. Jane Lubchenco
Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator
 

White House meeting sees proposal to block waterways 3 or 4 days a week

At a White House meeting Monday on the Asian carp threat to the Great Lakes, federal officials said they may seek to close navigational locks on Chicago-area waterways for up to three or four days a week, a move that would restrict cargo shipping and recreational boating.

The idea is only one option for dealing with the problem, but shipping industry experts reacted swiftly and negatively, saying even a partial closing of the locks in the Chicago Sanitary and Ship Canal would deal an economic blow to the region, cost jobs and force some companies to shut down or leave the area.

"It's a very critical time; there's a lot at stake here," said Darren Melvin, board member for the Illinois River Carriers Association. "If there is any kind of closure, which we're against, you're going to see a significant impact immediately."

Advocates of closing the locks permanently didn't like the partial closing idea either. Michigan Attorney General Mike Cox, who has sued Illinois in an attempt to close the locks, said shutting them a few days a week "sounds as logical as keeping criminals in jail four days a week and hoping the other three days go well."

The proposal is one piece of a $78.5 million, multi-pronged attack to stop Asian carp, an invasive species, from entering and establishing a large population in Lake Michigan. The Asian Carp Control Strategy Framework, announced at a White House meeting with Midwest governors, contains more than 25 short- and long-term actions designed to protect the estimated $7 billion commercial and recreational fishing industry in the Great Lakes.

"It balances the urgent need to remove Asian carp from the Chicago-area waterway system with the need to maintain the waterway system for navigation, stormwater and wastewater management," said Gov. Pat Quinn, who participated in the White House meeting by phone.

The planned actions include:

--Opening Chicago's navigational locks "less frequently" to block carp movement and allow for more netting, electrofishing and study downriver.

--Funding a study to look at the potential impact of permanent lock closing, the effectiveness of lock operations and alternative methods of keeping carp out of Lake Michigan.

--Spending $10.5 million to build a third underwater electric barrier in the Sanitary and Ship Canal near Romeoville. The project, paid for with funds from the American Recovery and Reinvestment Act of 2009, is scheduled for completion next fall.

--Awarding $13.2 million to construct concrete and chain-link fencing between the canal and the Des Plaines River in an effort to keep Asian carp from bypassing the electric barriers during flooding. That money is allocated from the $300 million Great Lakes Restoration Initiative approved last year.

--Committing $5 million for additional toxic chemical treatments in area waterways, $3 million to expand the commercial market for Asian carp in Illinois and elsewhere, and more money to further environmental DNA testing.

"We have got to hit these carp and beat them back with all of the tools in our toolbox," said Cameron Davis, a Great Lakes adviser to the U.S. Environmental Protection Agency.

Wisconsin Gov. Jim Doyle said Monday that he and Michigan Gov. Jennifer Granholm pushed during the meeting to close the Illinois locks now. Doyle said Ohio's Lt. Gov. Lee Fisher, a telephone participant, did too. After the meeting, Granholm issued a statement saying she was "very disappointed" by the federal proposal.

Mark Biel, executive director of the Chemical Industry Council of Illinois, said even a partial closing would be "extremely detrimental if not catastrophic" to the regional shipping industry.

Millions of cargo ships, barges and recreational boats pass through Chicago-area rivers and canals each year, carrying coal, chemicals, steel, road salt and commercial goods to distribution hubs and power plants between Chicago and ports along the Gulf of Mexico.

"I don't think people fully understand the impact of closing these locks; Chicago would not be Chicago if not for the shipping access between the Great Lakes and the Mississippi River," Biel said. "In these economic times it's hard to imagine decisions will be made that fish are more important than people."

Closing the navigational locks several days a week was one proposal submitted by the Army Corps of Engineers. The agency is also looking at the impact of closing the locks one or two weeks a month. The locks would be opened as necessary in an emergency or to alleviate flooding concerns.

A decision is expected in early March.

Tribune reporters Joel Hood reported from Chicago, with Katherine Skiba in Washington.

CLR Marine has one of the largest selections of boat supplies for you to choose from.  We are supplied by over 300 marine manufacturers. With well over 100,000 products available to us, we can offer every boating/sailing product you would like.  Our products range from commercial shipping to the recreational boat including the needs of the crews that are aboard them.

We are your number one Universal and Westerbeke dealer due to our customer friendly pricing.  We are fast becoming your number one dealer for pumps and pump parts.  Again, we lend this fact to our very friendly customer pricing.  You will find we have pumps by Jabsco, Oberdorfer and we just added Detroit Diesel just to mention a few of our pump manufacturers.  They cover uses in the industry end from; agricultural, automotive to floor cleaning. On the marine side we have engine cooling pumps, fresh water pumps, fire pumps and everything in between.

Our shopping cart is also optimized daily to ensure 100% Safe Shopping for our customers.

We are a family run, disabled veteran owned business that has expanded over the last five years breaking sales records each and every year by leaps and bounds.  In 2009 when we all thought sales were going to come to a standstill CLR Marine had a record growth of 60%.  We attribute this increase in sales to our lowered prices to help our customers and stimulate the economy.  We were so happy seeing these results we have decided to keep our pricing structure at this level for a while longer.

NOAA Administrator Jane Lubchenco today instructed the agency?s head attorney and its top fisheries manager to take immediate and long-term actions to improve the agency?s enforcement and legal operations and enhance its relationship with the fishing community.
 
In a memo issued today, Dr. Lubchenco directed NOAA General Counsel Lois Schiffer, and NOAA Acting Assistant Administrator for Fisheries Jim Balsiger, to take a two-part approach to responding to the Jan. 21 recommendations by the Commerce Department?s Inspector General that reviewed the policies and practices of NOAA?s fisheries enforcement system. Lubchenco requested the review in June 2009 after listening to concerns of fishermen and Congress.
 
“I take this report very seriously and I want a comprehensive approach to addressing both the IG?s observations and the perceptions of fishermen. Fish are a public resource that should be protected through proper regulation and enforcement for the benefit of Americans, coastal economies and the marine environment. We can?t manage effectively without trust,” said Dr. Lubchenco. “Taking these steps will help us resolve the issues identified by the Inspector General and enhance our efforts to work with the fishing industry and public in a more constructive manner.”
 
NOAA will implement the following immediate actions:
 

1.      1.      Subject to compliance with applicable labor relations requirements, institute higher level reviews of proposed charging decisions, penalties, permit sanctions, and settlements to ensure consistency and predictability and to avoid the appearance of arbitrary decision making.

2.      2.      Institute a freeze on hiring criminal investigators until a work force analysis is done and approved by Dr. Lubchenco that will address the appropriate mix of criminal investigators and regulatory inspectors in the enforcement office.

3.      3.      Shift oversight of the Civil Monetary Penalties Fund (also known as the Assets Forfeiture Fund), where penalties are accrued, from NOAA?s Fisheries Service to NOAA?s comptroller.

4.      4.      Improve communications on enforcement issues, particularly in the Northeast. This will include actions that enhance understanding of fisheries regulations and transparency of enforcement actions.

5.      5.      Develop specific objectives and detailed plans for a summit on law enforcement practices to be held no later than June 30. The summit will provide a venue to develop forward thinking approaches and long-range policies for properly executing enforcement actions to protect living marine resources.

NOAA will develop, by March 21, long-term strategies that:
 

1.      1.      Improve data integrity and address inefficiencies of the management information systems used by the enforcement office and the enforcement attorneys, including using the Internet to increase transparency.

2.      2.      Implement standardized procedures for setting enforcement priorities that will help ensure consistency among regions while addressing regional needs. Ensure NOAA leadership has input.

3.      3.      Strengthen enforcement attorney operating procedures, prosecution of charged cases, and settlement actions. This includes revising procedural regulations and penalty schedules for consistency and clarity.

4.      4.      Implement an outreach strategy to improve relations with local fisheries communities and improve understanding of fisheries regulations and enforcement activities. This includes increasing rapport between NOAA and fishermen in order to improve communications and informal problem solving.

5.      5.      Develop a plan to review law enforcement staffing and procedures with a focus on ensuring that criminal procedures are not applied to civil offenses. Development of the plan should include appropriate independent review.

These ten initial steps are intended to begin to resolve the issues identified by the IG. NOAA will build upon these steps to develop a comprehensive plan that responds to all of the IG?s recommendations.
 
Dr. Lubchenco?s memo is available online at http://www.noaanews.noaa.gov/stories2010/PDFs/IGReportMemorandum.pdf.
 
The IG report is available online at http://www.oig.doc.gov/oig/.
 
The more than 200 agents and attorneys in NOAA?s Office for Law Enforcement and the Office of the General Counsel for Enforcement and Litigation are responsible for ensuring compliance with more than 35 statutes, including the Magnuson-Stevens Fishery Conservation and Management Act and the Endangered Species Act. Their jurisdiction covers more than three million square miles of open ocean, more than 85,000 miles of U.S. coastline, the nation?s 13 national marine sanctuaries and its marine national monuments. As part of their mission to protect our nation?s marine resources by ensuring compliance with fisheries laws and regulations, they help to protect fish stocks, marine mammals, and the marine environment, as well as the livelihoods of law-abiding commercial and recreational fishermen.

By Dan Eganof the Journal Sentinel

Posted: Jan. 25, 2010

The political heat is cranking up on President Barack Obama to take more dramatic steps to block the advance of Asian carp into the Great Lakes.

On Monday, the attorneys general from Wisconsin, Michigan, Ohio, Indiana and Pennsylvania sent a letter to the president asking for a seat at the table for the Asian carp "summit" that the administration has scheduled for early next month.

That meeting was requested last week by Gov. Jim Doyle and Michigan Gov. Jennifer Granholm after news that scientists have detected Asian carp DNA in the open waters of Lake Michigan.

On the same day the news broke of the apparent breach of the leaky defense system to protect Lake Michigan, the U.S. Supreme Court sided with the Obama administration and decided not to order two lakeside navigation locks slammed shut in a last-ditch attempt to keep out the carp.

The administration has agreed to meet with leaders of Great Lakes states to discuss strategies to keep the over-size, leaping fish from establishing a breeding population in Lake Michigan.

But it apparently has not budged on the push to shut the locks, a move that lock-closure opponents say could trigger flooding in the Chicago area and have a dramatic impact on the Chicago barge industry.

Yet the drumbeat to shut the locks persists, with a Michigan congressman introducing legislation last week that would force the closure.

On Monday, Michigan Attorney General Mike Cox renewed his call for the administration to shut the locks to protect the Great Lakes' $7 billion fishery and related tourism activities.

Barge industry representatives, however, question whether a closure would work and have expressed doubts that the fish necessarily pose a hazard to the Great Lakes, the world's largest freshwater system.

"The regional economy would be devastated if the Chicago-area locks were closed," the American Waterways Operators said in a news release last week opposing the legislation to close the locks, noting that millions of tons of commodities such as coal, salt and fuel are transported on the Chicago canal system.

"Closing the locks will also strike a blow to regional air quality because commodities will be shifted onto trucks and rail, which are much less fuel-efficient than barge transportation," the group wrote.

The competing interests put the Obama administration in a sticky position.

Obama pledged during the campaign that he will have a "zero tolerance" policy for species invasions in the Great Lakes, which already are home to more than 180 non-native organisms.

The administration took keen aim at the Asian carp in particular, promising to "aggressively pursue policies and dedicate federal funds to control and prevent" the species from colonizing the Great Lakes.

No fish have been found above an electric barrier about 20 miles downstream from Lake Michigan on the Chicago Sanitary and Ship Canal. But water samples have detected the fish in two areas in or near Lake Michigan.

Still, biologists say the battle is not over, pointing out that it likely will take a sustained number of fish making their way into the lakes for the fish to establish a breeding population.

No date for the Asian carp summit has been set.

IDEM OKs discharge permit for U.S. Steel

Approval ends seven-year process for Gary Works plant

January 23, 2010

The final permit is posted on IDEM's Web site:    

www.in.gov/idem/5338.htm

The Indiana Department of Environmental Management has issued the wastewater permit for U.S. Steel Gary Works, the agency announced Friday.

The issuance marks the end of a nearly seven-year process, during which IDEM has released three drafts.

IDEM's responses to public comments can be found starting on page 87 of the document "US Steel Final 2010 NPDES Permit Fact Sheet and PPNA PDF."

IDEM received 20 documents with comments in response to its draft, including some from a Facebook group.

Facebook lists two Chicago groups related to U.S. Steel Gary Works' wastewater permit. One is "No Lake Michigan Dumping Permits," which describes itself as a sports and recreation group with 809 members.

The other is "Lake Michigan Is Not A Dumping Ground," a 78-member advocacy organization associated with the Environmental Law & Policy Center in Chicago. The center commented on the permit along with several other environmental groups, but it was not clear Friday which of the two groups submitted comments to IDEM.

Some people making comments requested that the permit not be renewed at all, but IDEM permit writer Stan Rigney said that was "not feasible."

"Should this permit not be effective, USS will continue to discharge wastewater under the older currently administratively extended permit, which is not as stringent or as protective as the 2010 permit," he said in a response to public comments. "Technology is continually improving but is not yet capable of completely eliminating the discharge of pollutants in an economically achievable way. IDEM has developed the best permit possible under current law and available technology."

U.S. Steel's permit was originally issued in 1994. Wastewater permits are supposed to be renewed every five years, but IDEM allowed the company to continue to discharge under the old permit while processing a new one.

IDEM said the final permit allows "no overall increases" in pollution discharged to Lake Michigan and the Grand Calumet River. IDEM said the permit has more stringent limits and more frequent monitoring requirements.

The No Lake Michigan Dumping Permit group said on its Facebook page that members believe there should be a "zero-tolerance polluting policy" for the Great Lakes.

"We request that the EPA reject U.S. Steel's request for a permit to dump anything into the lake, especially ammonia, metals, organic compounds and suspended solids," the Web site states. "EPA ... It's time to protect and not infect our fresh waters! Lake Michigan is not a 'Sewer of Opportunity' for industry."

The U.S. Environmental Protection Agency demanded IDEM make changes to its 2007 draft permit in order for EPA to sign off on it. IDEM made revisions and held another public hearing Nov. 18.

IDEM received comments from individuals, state and local government agencies, environmental groups and U.S. Steel. Elected officials, chambers of commerce and environmental groups sent positive comments.

The major concerns of environmental groups were with protecting fish from discharges of cyanide and ensuring the steel mill's stormwater management plan was adequate.

No wind farm proposal before Ludington city, yet

BY KEVIN BRACISZESKI

DAILY NEWS STAFF WRITER

Ludington City Manager John Shay said the city council, which meets tonight, is not currently scheduled to hear a presentation about a proposal to build a 100-square-mile wind farm in Lake Michigan off shore from southern Mason County and northern Oceana County.

Shay said he plans to discuss the issue with representatives of Scandia Wind and Havgul Clean Energy — the firms proposing the wind farm — to possibly hold a presentation of the plans for the council, since some members may not have attended any of the three public meetings the companies have held in the past month.

“We’re just trying to figure out what’s the next step,” Shay said, adding that he feels it is still early in the process and he does not expect any council action on the issue soon.

“We’re trying to figure out if it really matters to the city council right now,” he said, adding that, as he understands it, the state government will make any decision about whether the wind farm can be erected on Lake Michigan bottomlands.

Shay said he would also like the companies to define what they mean when they say they are seeking support for their plans from local governments.

“Are they asking for support for the whole project, or for at least studying the matter further, such as the effects on fish, bird migrations and tourism,” he said.

Shay said he wants to know what the companies are asking the local governments to support as far as the city council is concerned.

“We are not prepared to take any position on this, we’re not prepared to make a decision,” he said.

Ludington Mayor John Henderson said he has told the developers they are welcome to give a presentation of their plans to the city council. There is not a presentation currently scheduled.

Governor Jennifer Granholm and other Great Lakes governors called Tuesday for a summit at the White House to determine how to address the threat of the Asian carp to the Great Lakes after the U.S. Supreme Court rejected motions from the state to close locks connecting the Mississippi River to Lake Michigan.

Ms. Granholm said she and other governors hoped to work together with the Obama administration to resolve the carp threat while Attorney General Mike Cox said he would continue with efforts to reopen the federal court case that allowed the connection between the lakes and the Mississippi River to remain open.

"The question is how do we quickly get a solution," Ms. Granholm said at a press event. "The only way I know is we need to shut down the locks."

And shutting down the locks grew either more critical, or moot, given the announcement Tuesday that DNA from the fish had been found in Calumet Harbor on Lake Michigan. No actual carp have been found beyond the current electrical barrier.

Ms. Granholm said the issue needed both short-term and long-term solutions. Among those long-term solutions might be additional barriers, either electrical like the current ones or physical, to keep the carp out of the lakes.

But she said despite federal efforts to keep the locks open, the state and federal administration still had the same goal of keeping the invasive carp out of the Great Lakes.

Mr. Cox praised Ms. Granholm's efforts to meet with President Barack Obama on the issue, but he said the president was ignoring the lakes by fighting to keep the locks open.

"President Obama said he would not tolerate new threats to the Great Lakes, yet he has left the front door to Lake Michigan wide open," he said. "Billions in economic activity and 800,000 Michigan jobs connected with the health of the Lakes are at risk. His indifference is just stunning."

Mr. Cox acknowledged after the ruling that an injunction from the nation's high court, while appropriate, was a long-shot request.

"While the injunction would have been an extraordinary step by the court, Michigan and the other Great Lakes states are facing an extraordinary crisis that could forever alter the lakes, permanently killing thousands of jobs at a time when families can least afford it," he said.

The court gave no explanation for its decision not to hear the request for an injunction to close the locks and canals constructed to connect Lake Michigan and Mississippi River, but Mr. Cox said it also did not address his motion to reopen the case that allowed the water flow from the lakes to the Mississippi Basin.

He said he would also continue working with the state's congressional delegation to create statutory measures to keep the carp out of the lakes.

Experts argue the carp, which can reach 100 pounds, would destroy fisheries in the Great Lakes by out-competing native fish for food.

This Xantrex Inverter Provides 1800 watts of sine wave AC power from a 24 volt DC source.

We made a Special Purchase on this item and have them listed at giveaway prices.

Offering superior quality true sine wave output, the Prosine 1800 stand-alone inverter is ideally suited for electrical systems that already have a quality multistage battery charger. Designed for recreational and industrial applications, their 120-volt, 60 Hz AC power output is capable of handling both heavy duty and smaller, multiple AC loads. Prosine inverters include a backlit LCD display panel, which can be mounted remotely.

Product Features

• 1800 watt inverters (2900 watt surge capability)
  
• True sine wave AC output (crystal controlled)
  
• Removable LCD display can be mounted remotely for control and monitoring
  
• Unique DC terminals offer 180-degree connections for easy installation in tight places
  
• Powersave mode draws only 1.5 watts under no load
  
• Two year warranty

• Over temperature shutdown and automatic overload protection
  
• Over voltage and under voltage protection
  
• Short circuit and AC backfeed protection

With less than 3% total harmonic distortion, Prosine 1000 and 1800 inverters deliver true sine wave output that is identical to AC power supplied by your utility. This clean output makes Prosine inverters ideal for handling sensitive loads and improves AC equipment performance. Expect trouble-free true sine wave electricity for televisions, audio systems, variable speed tools, and more.

Light and compact

Prosine inverters are lighter and more compact than other inverters with similar power ratings because they use high-frequency switching technology in the power conversion process.

More Inverters can be found at the following page:

http://www.clrmarine.com/m4_view_item.html?m4:item=36065a

The Coast Guard is adjusting fines and other civil monetary penalties to reflect the impact of inflation. These adjustments are made in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement

Act of 1996.

DATES: This final rule is effective 30 days after December 23, 2009.

ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2009-0891 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this

docket on the Internet by going to http://www.regulations.gov, inserting USCG-2009-0891 in the ``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Heather Young, CG-5232, Coast Guard; telephone 202-372-1022, e-mail Heather.l.young@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

This final rule is published without a prior notice of proposed rulemaking or public comment period. Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for dispensing with notice and comment in this rulemaking. This rulemaking implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. These statutes require certain actions with respect to adjusting CMPs for inflation and do not allow for discretion in implementation, so that prior notice and comment is unnecessary and contrary to the public interest.

III. Method of Calculation

    The method for calculating the effects of inflation on fines and penalties is very specifically prescribed by statutes, which allow no discretion. The statutes specify the inflation measure to be used, the method for the calculation of the inflation adjustment, and the method for the numerical rounding of the results.

The statutes require the use of the change in the Consumer Price Index for All Urban Consumers (CPI-U) as the inflation measure for these calculations. The CPI-U is calculated and published by the U.S. Department of Labor, Bureau of Labor Statistics, and uses the period of  1982 to 1984 as the base level where the CPI-U = 100.

The inflation adjustment prescribed by the statutes is calculated as the difference between the CPI-U for the month of June of the calendar year preceding the adjustment and the CPI-U for the month of June of the calendar year in which the amount of the civil monetary penalty was last set or adjusted pursuant to law. Since the last inflation adjustment was made in 2003 and the year preceding this adjustment is 2008, the current inflation adjustment equals the increase in the CPI-U (not seasonally adjusted) from June, 2003 to June, 2008:

 (CPI-U2008 - CPI-U2003) / CPI-U2003 =

(218.815 - 183.7) / (183.7) = .1912 = 19.12%

    With certain exceptions, each of the approximately 140 civil fines and penalties were adjusted by multiplying their 2003 values by 1.1912. The exceptions included: Two penalties of 19 U.S.C. 1581(d) that were enacted under the Tariff Act of 1930 and are exempt from inflation adjustments; four penalties applicable to bridge owners whose increases are defined within their respective statutes; and three penalties established in 2006 which are not eligible for inflation adjustment until 2010.

    The final step is to round the inflation-adjusted fines and penalties according to the rounding rules prescribed by the statutes. The statutes specify that numbers are rounded according to the nearest:

    1. Multiple of $10 in the case of penalties less than or equal to $100;

    2. Multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;

    3. Multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;

    4. Multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;

    5. Multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and

    6. Multiple of $25,000 in the case of penalties greater than $200,000.

Because of the rounding rules, some fines and penalties may not increase from their 2003 values. For example, a fine of $1,000 in 2003 would increase to $1,191.20 with the 2008 adjustment. However, for fines and penalties greater than $1,000 but less than or equal to $10,000, the inflation adjusted value is rounded to the nearest $1,000; so the penalty, with rounding, remains at $1,000.

Keeping You Informed

As we are sure you are well aware, the Magnuson Stevens Act and subsequent NMFS restrictions have had a crippling impact on both the recreational and commercial fishing industries and are in dire need of revision. On February 24, 2010, a united gathering of recreational and commercial fishermen and fishermen's associations-United We Fish- is scheduled on the steps of the Capitol building in Washington DC, to rally support for an amendment to the Magnuson/Stevens legislation through the Flexibility in Rebuilding American Fisheries Act of 2009.

We realize it's a long way to DC, but it is vital to America's fishing industry that this Act gets passed and that our legislators know how much support is behind it. Please consider helping to make this event more widely known by promoting it to your members and the wider public and help ensure the future of recreational fishing for current and future generations.

For more information, please visit:

http://unitedwefish.blogspot.com/

Please consider writing and encouraging members to write to their Congressional representatives in support of the Flexibility in Rebuilding American Fisheries Act. It is in need of support in both the House and the Senate. They can also sign this petition that will be presented to Congressmen and women at the rally on Feb 24th : http://fs16.formsite.com/FixMagnusonNow/form793561462/

Please pass this information on to other people and groups who will be affected by this legislation.

Keeping You Informed

In the last few years we have seen a major change in rescue devices using satellite beacons. The SPOT, is a device with some rescue beacon features and is affordable but should not replace an EPIRB or PLB, with their automatic global links to government-run satellite rescue system.  Then we have Personal Locator Beacons (PLBs) which are getting smaller, smarter and less expensive with the introduction of the McMurdo FastFIND 210.  EPIRBs, the original beacons, are likewise getting smaller and adding features.

What the Emergency Position Indicating Radio Beacon does?

An EPIRB (Emergency Position Indicating Radio Beacon) is a critical piece of last-resort lifesaving gear on your boat when you are out of range of a VHF radio, cell phone or other means of communication. EPIRBs and Personal Locator Beacons are small radio transmitters, connected to a global government-run satellite network, which is used worldwide to alert Search and Rescue agencies in the event of a dire emergency. Used only when all other means of rescue or communication have failed, these emergency beacons can be activated if your boat is in danger of sinking, or if you have a life-threatening accident or medical emergency. Activating an EPIRB starts a chain of responses, beginning when your signal is received by the COSPAS-SARSAT international satellite system, relayed rapidly to ground stations, forwarded to a regional Rescue Coordination Center and ending when a helicopter, boat, rescue swimmer or other type of emergency response team makes contact with you. An EPIRB does not allow you to send or receive voice or text messages. If you can reach rescue agencies with an Iridium satellite phone, Single Sideband radio or cell phone, you can better communicate the important details of your emergency. EPIRBs work when all of these means have failed, such as if your boat is sinking on the high seas and you have no electrical power.

How EPIRBs Work

EPIRBs transmit using internationally recognized distress frequencies, monitored by LEOSAR (low earth orbit) satellites moving from pole to pole above the earth’s surface, and GEOSAR (geostationary) satellites in high stationary orbit.  LEOSAR satellites, because they are in motion, use Doppler shift processing (the perceived frequency change caused by the relative movement of the receiver and the source) to calculate the location of the distress beacon. They cover the entire globe, orbiting once about every 100 minutes.  GEOSAR provides instantaneous alerting, but no position locating. Signals from both types are relayed to automated Local User Terminal (LUT) ground stations worldwide, which forward them to Mission Control Centers (MCC). The MCC tracks the signal, attempts to identify the transmitting vessel using the database of registered EPIRBs, and notifies a regional Rescue Control Center (RCC), operated in the U.S. by the Coast Guard or the Air Force.

A Search and Rescue operation is launched, sometimes involving international communication, substantial costs, lots of planes, helicopters or ships, and rescuers who risk their lives. 

Curious onboard guests may remove an EPIRB from its cradle, causing accidental activation.  Some false alarms are hoaxes, and deliberate misuse of emergency beacons may result in substantial fines, restitution and or prison.

If you accidentally trigger your EPIRB, call the U.S. Coast Guard HQ Command Center at 1–800–323–7233 immediately.

You will keep valuable resources from being mobilized, unable to deal with an actual emergency, and possibly prevent a SAR team from converging on your boat.

Around the world...around the clock...NOAA proudly stands watch.  As an integral part of worldwide search and rescue, NOAA operates the Search And Rescue Satellite Aided Tracking (SARSAT) System to detect and locate mariners, aviators, and recreational enthusiasts in distress almost anywhere in the world at anytime and in almost any condition.

The SARSAT system uses NOAA satellites in low-earth and geostationary orbits to detect and locate aviators, mariners, and land-based users in distress. The satellites relay distress signals from emergency beacons to a network of ground stations and ultimately to the U.S. Mission Control Center (USMCC) in Suitland, Maryland. The USMCC processes the distress signal and alerts the appropriate search and rescue authorities to who is in distress and, more importantly, where they are located.

SARSAT takes the "search" out of search and rescue!

NOAA-SARSAT is a part of the international Cospas-Sarsat Program to which 38 nations and two independent SAR organizations belong to

What should you look for

406 MHz EPIRBs:

Modern EPIRBs transmit digitally on 406.025 and 406.028 MHz (so they are called “406 EPIRBs”). Their signal has an embedded code containing a unique identification number, allowing rescue agencies to look up your emergency information (including name, phone number, vessel type, emergency contact, etc.), in a database, but only if you have registered your EPIRB. When your EPIRB transmits, rescuers know who you are and can phone your emergency contacts to verify your itinerary. Satellites also can store and rebroadcast your 406 emergency message, so the LEOSAR satellite does not need to be in direct contact between you and a ground station. A 406 MHz signal also allows the satellite to calculate the position of the sender to less than a 2-nm radius, resulting in the fastest and least costly rescue response. 406 EPIRBs transmit with 5W of power, adequate even in poor weather conditions. The average time to notification of RCCs via 406 MHz EPIRBs is approximately one hour worldwide.

The difference between a Category I and II:

By rule, all EPIRBs must be able to activate and transmit when they are removed from their brackets and immersed. Category I brackets will automatically deploy the beacon when submerged between 3' and 14', while Category II brackets need to have the beacon released manually. Both types can be manually activated either in or out of their brackets.

GPS/EPIRB Combinations:

Three types of EPIRBs now include the ability to transmit GPS coordinates along with the rest of the digital distress message. Some units can interface with an external GPS and if the receiver is turned on will transmit coordinates within seconds of activation. Other EPIRBs contain their own receiver and take longer to acquire their location, but keep transmitting while the EPIRB is operating, without remaining connected to an external GPS with an interface cable. Using the stationary GEOSAR satellites, these transmitters do not need to wait for a LEOSAR to pass overhead and fix a Doppler bearing, and reduce the time–to–notification to as little as four minutes. Like other GPS receivers, their position accuracy is 100yd. (instead of 2nm without GPS). A third type includes the GlobalFix iPRO, which combines features of both receiver types with Dual GPS Technology. It interfaces with your onboard GPS to ensure that your LAT/LON is stored inside, allowing your precise coordinatesto transmit in the first data burst. Then its internal GPS takes over and continues transmitting.

Personal Locator Beacons:

 
EPIRBS are intended strictly for marine use, but Personal Locator Beacons (PLBs), their smaller cousins, can be carried with you just about anywhere. They provide the same worldwide coverage as EPIRBs, and can rescue hikers, kayakers, backpackers, climbers, pilots, river rafters and hunters (among others) as well as boaters. PLBs are different from EPIRBs in some important ways. Their battery life (24hr. minimum transmit time) is often half that of an EPIRB. PLBs are not required to float or have a strobe light (but most do), and are manually deployed and activated. Like 406 EPIRBS, PLBs have an additional 121.5MHz homing signal to help planes, helicopters and other searchers find you. They also have a Morse code encryption for PLB attached to their digital signal.

We believe, as do the safety experts, that EPIRBs are for your boat, and a PLB is a “personal” beacon. A PLB is great insurance while exploring away from the mothership in your dinghy, and is a less-bulky EPIRB alternative for any small boat. The ability to be carried with you and used anywhere—with a group of hikers, on a snowmobile or in a canoe—makes a PLB a valuable and versatile lifesaving tool.

SPOT:

An updated version of SPOT, 30% smaller and 30% lighter than the original, SPOT II is equipped with better controls and an improved GPS. SPOT II has rescue beacon features, and SPOT has created a popular niche with its added communication features and lower initial cost.  SPOT should not replace an EPIRB or PLB, with their automatic global links to government-run satellite rescue system.  The COSPAS/SARSAT system is a result of international cooperation with an established network of satellites, ground stations, rescue agencies, etc.  The system works, and has been proven during countless rescues.

Testing a EPIRBs

406 MHz EPIRBs can be tested through its self-test function, which is an integral part of the device.  406 MHz EPIRBs can also be tested inside a container designed to prevent its reception by the satellite.  Testing a 406 MHz EPIRB by allowing it to radiate outside such a container is illegal.

Battery Replacement

406 MHz EPIRBs use a special type of lithium battery designed for long-term low-power consumption operation. Batteries must be replaced by the date indicated on the EPIRB label using the model specified by the manufacturer. It should be replaced by a dealer approved by the manufacturer. If the replacement battery is not the proper type, the EPIRB will not operate for the duration specified in a distress.

Register your 406 EPIRB or PLB!

It is mandatory that you register your 406 EPIRB/PLB with NOAA SARSAT, yet only 80% of our customers register their new beacons. In the U.S. you can register online at www.beaconregistration.noaa.gov . U.S. registration can also be completed by mail or by downloading the registration form and faxing it to NOAA SARSAT at 301–568–8649.  It is free, no license is required and it is critical in making your EPIRB perform as intended. When filling out the registration form, carefully select the emergency contacts NOAA or the Coast Guard should call in case your beacon goes off. These should be individuals who are familiar with your plans, and who are most likely to be available. Failure to properly register your beacon will most likely delay the launch of a rescue mission. Also, the Coast Guard says that 94% of EPIRBs alerts are false and that registration data has enabled them to resolve 65% of the alerts prior to launching SAR operations.

What happens to your registration form?

The registration sheet you fill out and send in is entered into the U.S. 406 Beacon Registration Database maintained by NOAA/NESDIS. If your EPIRB is activated, your registration information will be sent automatically to the appropriate USCG SAR Rescue Coordination Center (RCC) for response. One of the first things the RCC watchstanders do is attempt to contact the owner/operator at the phone number listed in the database to determine if the vessel is underway (thus ruling out the possibility of a false alarm due to accidental activation or EPIRB malfunction), the intended route of the vessel if underway, the number of people on board, etc., from a family member. If there is no answer at this number, or no information, the other numbers listed in the database will be called to attempt to get the information described above needed to assist the RCC in responding appropriately to the EPIRB alert.

When RCC personnel contact the emergency phone numbers you provide, they will have all the information you have provided on the registration form. You should let these contacts know as much about your intended voyage as possible (i.e., intended route, stops, area you normally sail/fish/recreate, duration of trip, number of people going, etc.).  The more information these contacts have, the better prepared our SAR personnel will be to react. The contacts can ask the RCC personnel contacting them to be kept informed of any developments, if they so desire.

Registration regulations

You may be fined for false activation of an unregistered EPIRB. The U.S. Coast Guard routinely refers cases involving the non-distress activation of an EPIRB (e.g., as a hoax, through gross negligence, carelessness or improper storage and handling) to the Federal Communications Commission. The FCC will prosecute cases based upon evidence provided by the Coast Guard, and will issue warning letters or notices of apparent liability for fines up to $10,000.

However, the Coast Guard has suspended forwarding non-distress activations of properly registered 406 MHz EPIRBs to the FCC, unless activation was due to hoax or gross negligence, since these search and rescue cases are less costly to prosecute.

If you purchase a new or a used 406 MHz EPIRB, you MUST register it with NOAA. If you change your boat, your address, or your primary phone number, you MUST re-register your EPIRB with NOAA. If you sell your EPIRB, make sure the purchaser re-registers the EPIRB, or you may be called by the Coast Guard if it later becomes activated.

An FCC ship station license is no longer required to purchase or carry an EPIRB.

If you lend your EPRIB to someone, they MUST register it with NOAA

The online registration site contains a section for “Additional Information.” Use this section like a float plan, and let rescuers know how many passengers are aboard and your plans for the trip.  This information can be updated on a daily basis.

You can also fax another registration form documenting the new information, and the approximate time that this will be in effect, to the MCC at 1-301-568-8649.

How to register

You may register by visiting the SARSAT Beacon Registration page.

There is no charge for this service. IT MAY SAVE YOUR LIFE.

For more information see the NOAA SARSAT Homepage.

A 406 EPIRB will dramatically improve your chances and your boat’s chances of survival in an emergency.  A Personal Locator Beacon provides almost the same level of protection, in a pocket-sized package, to an individual on land or water.

If you still own an older Class A or B EPIRB, which, as of February 1, 2009, is no longer monitored by COSPAS/SARSAT, you should upgrade to a Category I or II 406MHz EPIRB.  Linked to an internal or interfaced GPS receiver, 406 EPIRBs and PLBs allow instant notification of your identity and an accurate fix on your position, speeding the launch of a full-scale search and rescue effort. One thing is for sure, however: You must do your part in registering your EPIRB/PLB and keeping the emergency contact information up to date, so rescuers can validate the authenticity of the distress signal.

Alert***   FEBRUARY 1, 2009 Cospas-Sarsat ceased coverage

of 121.5 MHz and 243 MHz Emergency Beacons

- Click here for more information

-Pilots are reminded and encouraged to monitor 121.5 MHz from their cockpit

 to listen for other aircraft that may be in distress. 

Don't miss out on the KVH TracVision M-Series & KVH TracPhone Special now until January 31st, 2010, on select KVH TracVision M-Series and TracPhone products.

Now until March 31st, 2010, purchase a Poly-Planar MRD-70 Stereo and receive FREE, a 2nd Control Panel RD-44.

Extended...Now until March 31st, 2010, purchase a SPOT Personal Tracker (SPOT-1) at regular price and receive a $50 mail-in rebate. Don't miss out on these spectacular savings!

United States Coast Guard Headquarters
Assistant Commandant for Marine Safety, Security and Stewardship
Washington, DC

January 7, 2010

SAFETY ALERT 01-10

TERMINATION OF THE LORAN-C SIGNAL


Consistent with the Administration's pledge to eliminate unnecessary Federal programs and systems, the USCG broadcast of the Loran-C signal is going to be terminated.

Federal broadcast of the Loran-C signal will cease at 2000Z on 08 February 2010 with some exceptions, including the following five sites that are bound by bi-lateral agreements with either Canada (Caribou, ME; George, WA; Nantucket, MA; Shoal Cove, AK) or the Russian Federation (Attu, AK). 

Mariners or other users of Loran-C are encouraged to shift to GPS navigation and plotting systems as soon as possible and not later than the termination date.

Questions regarding the information presented in this alert may be addressed to Bill Cairns of the U.S. Coast Guard Headquarters e-Navigation Division at 202.372.1557.
**********

Distributed by:

Office of Investigations and Analysis:  http://marineinvestigations.us

Purchase a Garmin Chartplotter GPSMAP 4x1 Series, GPSMAP 5x1 Series, or GPSMAP 5x6 Series and receive a $100 mail-in rebate now until April 4th, 2010. 

Also available is a $25.00 rebate for Lowrance Outdoor Charts for the Endura Series now until 01/31/2010

See our Rebate Corner for all the details.

Vendor Name	Next Prc Chg
MP Pump, div Lionheart Venture	1/1/2010
Aurora-Hydromatic (Pentair)	1/1/2010
Crane (Burks)	1/1/2010
Decko Products	1/1/2010
Edson International	1/1/2010
Finish Thompson, Inc	1/1/2010
Giant Industries	1/1/2010
Globe (Barco)	1/1/2010
Gorman Rupp	1/1/2010
March Manufacturing	4/1/2010
Weg Electric Corp.	1/1/2010
R.H. Diesel Parts Inc.	1/1/2010
Ultra Safety Systems	1/1/2010
Tuthill (pump division)	1/1/2010
Shurflo, div Pentair	1/1/2010
Mastry Engine Center	1/1/2010
SeaLand, div. Dometic Corp.	1/1/2010
Raritan Engineering	1/1/2010
Price Pump	1/1/2010
Perko	1/1/2010
Cummins Power South LLC	1/1/2010
Seal Distributers, Inc	1/1/2010

Capt. Charles Reed

CLR Marine LLC

http://www.clrmarine.com

CLR Marine will be closed Wednesday, December 23rd 2pm est. until Monday, January 4th. Any orders placed during this time will be processed as they come in and ship as soon as our warehouses reopen.

The Coast Guard's Seventh District has received at least three reports in the past few months regarding unapproved replacements of 406 EPIRB batteries by servicing companies having no association with the EPIRB manufacturer.  These unauthorized battery installations would likely result in a failure of this critical item of lifesaving equipment, and as such are not in compliance with the operational readiness requirements of 46 CFR.

The following is a typical excerpt from an EPIRB manufacturer report:

"The unit was opened and a foreign battery was found inside.  The battery was built up using (manufacturer) fuses and wiring salvaged from the original (manufacturer) battery.  They then covered their battery with the original (manufacturer) yellow heat shrink, (manufacturer) labels and taped it together.  This was then covered with a black heat shrink wrap.  The connections were soldered and not spot welded, as is required by the design and is performed in (manufacturer) production.  The battery measured 8.7 volts.  Our batteries read 9+ volts when they are new.  This battery was installed one week prior to it being brought into (manufacturer).

There was also evidence of water intrusion due to the crack in the top cap, which (servicing company) did not recognize as they are not trained in these matters.

The EPIRB was condemned by (manufacturer) and the customer was notified when he came to pick the unit up."

Every approved (i.e., accepted by the FCC) EPIRB is tested during its approval process using a battery, or batteries, specified by the manufacturer.  Approved EPIRBs come with a user's manual which describes battery maintenance and replacement procedures.  In order for the EPIRB to remain within the conditions of its approval, the manufacturer's instructions in the user's manual must be adhered to.  To ensure that replacement batteries are of the same type with which the EPIRB was approved, and are correctly installed, manufacturers typically specify that battery replacements only be done by the manufacturer or a manufacturer-approved shop.

Any modification or changes to an EPIRP must be made in accordance with the manufacturer.  The use of alternative replacement parts or batteries is prohibited and may prevent the device from meeting lifesaving requirements.  The Coast Guard strongly reminds EPIRB owners and servicing facilities to be aware of the compliance implications and potential for equipment failure stemming from any EPIRB modification or unauthorized battery replacement.

This safety alert is provided for informational purposes only and does not relieve any domestic or international safety, operational or material requirement.  Questions regarding the information presented in this alert may be addressed to LCDR Vince Gamma of the U.S. Coast Guard Headquarters Lifesaving & Fire Safety Standards Division at 202.372.1396 or Vincent.A.Gamma at uscg.mil.