Amendment of the Commission's Rules Regarding Amateur Radio Service Communications During Government Disaster Drills, 20951-20954 [2010-9092]
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Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Proposed Rules
low toxicity, is that there is no
significant risk to human health or the
environment from managing saccharin
and its salts in nonhazardous waste
landfills (the plausible management
scenario). As noted previously in
section V.B.2., the facilities that
generate these small quantities of waste
are distributed across the nation, which
makes it unlikely that any one segment
of the population would be impacted
disproportionately from management of
this nonhazardous waste. However, the
Agency continues to be interested in
any potential environmental justice
concerns as a result of this proposed
rule and welcomes comments on issues
related to such concerns.
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 268
PART 268—LAND DISPOSAL
RESTRICTIONS
4. The authority citation for part 268
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924.
§ 268.40
[Amended]
5. Section 268.40 is amended by
removing the entry for waste code U202
from the table ‘‘Treatment Standards for
Hazardous Wastes.’’
Appendix VII [Amended]
6. Appendix VII to part 268 is
amended by removing the entry for
waste code U202 from Table 1,
‘‘Effective Dates of Surface Disposed
Wastes (Non-Soil and Debris) Regulated
in the LDRs—Comprehensive List.’’
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
7. The authority citation for part 302
continues to read as follows:
Environmental protection, Hazardous
waste, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 9602, 9603, and 9604;
33 U.S.C. 1321 and 1361.
40 CFR Part 302
8. In § 302.4, the table is amended by
removing the entry for ‘‘Saccharin, &
salts.’’
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
§ 302.4
[Amended]
[FR Doc. 2010–9167 Filed 4–21–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Dated: April 15, 2010.
Lisa P. Jackson,
Administrator.
47 CFR Part 97
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
Amendment of the Commission’s
Rules Regarding Amateur Radio
Service Communications During
Government Disaster Drills
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
AGENCY: Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
[WP Docket No. 10–72; FCC 10–45]
1. The authority citation for part 261
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
§ 261.33
[Amended]
2. Section 261.33 is amended by
removing the entries for the U202
hazardous waste in the table under
paragraph (f).
Appendix VIII [Amended]
3. Appendix VIII to part 261 is
amended by removing the entries for
‘‘Saccharin’’ and ‘‘Saccharin salts’’ from
the table ‘‘Hazardous Constituants.’’
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15:00 Apr 21, 2010
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In this document, the
Commission adopted a document
seeking comment on its proposal to
amend the Commission’s amateur radio
service rules with respect to amateur
radio operations during governmentsponsored emergency preparedness and
disaster readiness drills and tests.
Specifically, the Commission proposes
to amend the rules to provide that,
under certain limited conditions,
amateur radio operators may transmit
messages during emergency and disaster
preparedness drills, regardless of
whether the operators are employees of
entities participating in the drill.
SUMMARY:
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20951
DATES: Comments are due on or before
May 24, 2010 and reply comments are
due on or before June 7, 2010.
ADDRESSES: You may submit comments,
identified by WP Docket No. 10–72 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• People With Disabilities: Contact
the Commission to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Cohen, Senior Legal Counsel,
Public Safety and Homeland Security
Bureau, at (202) 418–0799, or by e-mail
at Jeff.Cohen@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal Communication
Commission’s Notice of Proposed
Rulemaking (NPRM) in WP Docket No.
10–72, FCC 10–45, adopted on March
18, 2010, and released on March 24,
2010. This document is available to the
public at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-1045A1.doc.
Synopsis of the NPRM
1. In this NPRM, the Commission
proposes to amend its amateur radio
service rules with respect to amateur
radio operations during governmentsponsored emergency preparedness and
disaster readiness drills and tests.
Although public safety land mobile
radio systems are the primary means of
radio-based communications for
emergency responders, experience has
shown that amateur radio has played an
important role in preparation for,
during, and in the aftermath of, natural
and man-made emergencies and
disasters. Current rules provide for
amateur radio use during emergencies.
At the same time, the rules prohibit
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20952
Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Proposed Rules
emcdonald on DSK2BSOYB1PROD with PROPOSALS
communications in which the station
licensee or control operator has a
pecuniary interest, including
communications on behalf of an
employer. While there are some
exceptions to this prohibition, there is
none that would permit amateur station
control operators who are employees of
public safety agencies and other entities,
such as hospitals, to participate in drills
and tests in preparation for such
emergency situations and transmit
messages on behalf of their employers
during such drills and tests.
Accordingly, the Commission proposes
to amend the rules to provide that,
under certain limited conditions,
amateur radio operators may transmit
messages during emergency and disaster
preparedness drills, regardless of
whether the operators are employees of
entities participating in the drill.
I. Background
2. One of the fundamental principles
underlying the amateur radio service is
the ‘‘[r]ecognition and enhancement of
the value of the amateur service to the
public as a voluntary noncommercial
communication service, particularly
with respect to providing emergency
communications.’’ 47 CFR 97.1(a).
Further, the rules state that ‘‘[n]o
provision of these rules prevents the use
by an amateur station of any means of
radio communication at its disposal to
provide essential communication needs
in connection with the immediate safety
of human life and immediate protection
of property when normal
communication systems are not
available.’’ 47 CFR 97.403. Indeed,
amateur radio operators provide
essential communications links and
facilitate relief actions in disaster
situations. While land mobile radio
services are the primary means of
conducting emergency communications,
amateur radio plays a unique and
critical role when these primary
facilities are damaged, overloaded, or
destroyed. For example, during
Hurricane Katrina, amateur radio
operators volunteered to support many
agencies, such as the Federal Emergency
Management Agency, the National
Weather Service, and the American Red
Cross. Amateur radio stations provided
urgently needed wireless
communications in many locations
where there was no other means of
communicating and also provided other
technical aid to the communities
affected by Hurricane Katrina.
3. Since amateur radio is often an
essential element of emergency
preparedness and response, many state
and local governments and public safety
agencies incorporate amateur radio
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operators and the communication
capabilities of the amateur service into
their emergency planning. In this
regard, some entities, such as hospitals,
emergency operations centers, and
police, fire, and emergency medical
service stations, have emphasized the
participation of their employees who are
amateur station operators in emergency
and disaster drills and tests. For
example, a representative of the New
Orleans Urban Area Security Initiative
recently emphasized the importance of
conducting emergency drills and the
need for amateur participation.
4. The Commission’s rules expressly
permit operation of amateur stations for
public service communications during
emergencies, and on a voluntary basis
during drills and exercises in
preparation for such emergencies.
Given, however, that the Amateur Radio
Service is primarily designated for
‘‘amateurs, that is, duly authorized
persons interested in radio technique
solely with a personal aim and without
pecuniary interest,’’ see 47 CFR
97.3(a)(4), the rules expressly prohibit
amateur stations from transmitting
communications ‘‘in which the station
licensee or control operator has a
pecuniary interest, including
communications on behalf of an
employer.’’ See 47 CFR 97.113(a)(3).
Accordingly, public safety entities
seeking to have employees operate
amateur stations during governmentsponsored emergency preparedness and
disaster drills presently must request a
waiver.
II. Discussion
5. The Commission seeks comment on
whether to amend the rules to permit
amateur radio operators to participate in
government-sponsored emergency and
disaster preparedness drills and tests,
regardless of whether the operators are
employees of the entities participating
in the drill or test. The rules already
recognize the importance of amateur
radio in emergencies, and permit
participation in such drills and tests by
volunteers (i.e., non-employees of
participating entities). As noted above,
experience has shown that amateur
operations can and have played an
essential role in protecting the safety of
life and property during emergency
situations and disasters. And as
evidenced by recent waiver requests,
state and local government public safety
agencies and other entities often
conduct disaster and emergency
preparedness drills to be best-prepared
for such eventualities. The proposed
rule would obviate the need for a waiver
in such instances by allowing
employees of public safety agencies and
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other entities to operate amateur
stations for testing and drilling of
emergency communications
preparedness. The Commission thus
tentatively concludes that employee
status should not preclude or prevent
participation in government-sponsored
emergency and disaster tests and drills.
Further, the Commission tentatively
concludes that extending authority to
operate amateur stations during such
drills will enhance emergency
preparedness and thus serve the public
interest.
6. In reaching these tentative
conclusions, the Commission does not
disturb the core principle of the amateur
radio service as a voluntary, noncommercial communication service
carried out by duly authorized persons
interested in radio technique with a
personal aim and without pecuniary
interest. Rather, the Commission
believes that the public interest will be
served by a narrow exception to the
prohibition on transmitting amateur
communications in which the station
control operator has a pecuniary interest
or employment relationship, and that
such an exception is consistent with the
intent of the amateur radio service rules.
Accordingly, the Commission proposes
that amateur operations in connection
with emergency drills be limited to the
duration and scope of the drill, test or
exercise being conducted, and
operational testing immediately prior to
the drill, test or exercise.
7. Furthermore, the Commission
proposes that the emergency tests and
drills must be sponsored by Federal,
State, or local governments or agencies,
in order to limit the narrow exception
to ensure that drills further public
safety. The Commission notes, however,
that there may be circumstances where
conducting emergency drills for disaster
planning purposes, even if not
government-sponsored, would serve the
public interest. Accordingly, the
Commission seeks comment on whether
it should permit employee operation of
amateur stations during nongovernment-sponsored emergency
drills, if the purpose of the drill is to
assess communications capabilities,
including amateur radio, in order to
improve emergency preparedness and
response.
8. A large number of agencies and
organizations at the state and local
levels coordinate with their local
volunteer amateur radio operators to
conduct drills and exercises in concert
with other modes of communication.
This joint activity is essential to allow
for a practiced response on the part of
the first responder community. Because
some of those drills and exercises
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Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Proposed Rules
include transmission of amateur
communications by employees of
participating entities, the Commission
believes the proposed rule changes
would be in the public interest,
consistent with ongoing national
emergency preparedness and response
priorities. The Commission therefore
seeks comment on the tentative
conclusions contained herein.
III. Procedural Matters
A. Ex Parte Presentations
9. This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentations must contain summaries
of the substance of the presentations
and not merely a listing of the subjects
discussed. More than a one or two
sentence description of the views and
arguments presented is generally
required. Other requirements pertaining
to oral and written presentations are set
forth in section 1.1206(b) of the
Commission’s rules, 47 CFR 1.1206(b).
emcdonald on DSK2BSOYB1PROD with PROPOSALS
B. Comment Filing Procedures
10. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. All filings
related to this Notice of Proposed
Rulemaking should refer to WP Docket
No. 10–72. Comments may be filed
using: (1) the Commission’s Electronic
Comment Filing System (ECFS), (2) the
Federal Government’s eRulemaking
Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(1998).
11. Electronic Filers: Comments may
be filed electronically using the Internet
by accessing the ECFS: https://
www.fcc.gov/cgb/ecfs/ or the Federal
eRulemaking Portal: https://
www.regulations.gov. Filers should
follow the instructions provided on the
website for submitting comments.
12. For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
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15:00 Apr 21, 2010
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20953
instructions, filers should send an email to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
13. Paper Filers: Parties who choose
to file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
14. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
15. Effective December 28, 2009, all
hand-delivered or messenger-delivered
paper filings for the Commission’s
Secretary must be delivered to FCC
Headquarters at 445 12th St., SW., Room
TW–A325, Washington, DC 20554. The
filing hours at this location are 8 a.m. to
7 p.m. All hand deliveries must be held
together with rubber bands or fasteners.
Any envelopes must be disposed of
before entering the building.
Please Note: The Commission’s
former filing location at 236
Massachusetts Avenue, NE. is
permanently closed.
16. Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
17. U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street, SW.,
Washington DC 20554.
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A ‘‘small business concern’’ is one
which: (1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
20. Because ‘‘small entities,’’ as
defined in the RFA, are not persons
eligible for licensing in the amateur
service, this proposed rule does not
apply to ‘‘small entities.’’ Rather, it
applies exclusively to individuals who
are the control operators of amateur
radio stations. Therefore, we certify that
the proposals in this Notice of Proposed
Rulemaking, if adopted, will not have a
significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the
Notice of Proposed Rulemaking,
including a copy of this Initial
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
SBA. This initial certification will also
be published in the Federal Register.
C. Accessible Formats
18. To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
IV. Initial Regulatory Flexibility
Analysis
19. The Regulatory Flexibility Act
(RFA) requires an initial regulatory
flexibility analysis to be prepared for
notice and comment rulemaking
proceedings, unless the agency certifies
that ‘‘the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.’’
The RFA generally defines the term
‘‘small entity’’ as having the same
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V. Ordering Clauses
21. Accordingly, it is ordered,
pursuant to sections 4(i), 303(r), and 403
of the Communications Act of 1934, 47
U.S.C. 154(i), 303(r), and 403, that this
Notice of Proposed Rulemaking is
hereby adopted.
22. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Center, shall send a copy of this Notice
of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analyses,
to the Chief Counsel for Advocacy of the
Small Business Administration.
Proposed Rule
For the reasons set forth in the
preamble, FCC proposes to amend 47
CFR part 97 as follows:
PART 97—AMATEUR RADIO SERVICE
1. The authority citation for part 97
continues to read as follows:
Authority: 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303. Interpret or
apply 48 Stat. 1064–1068, 1081–1105, as
amended; 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
2. In § 97.113, revise paragraph (a)(3)
to read as follows:
§ 97.113
Prohibited transmissions.
(a) * * *
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20954
Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Proposed Rules
(3) Communications in which the
station licensee or control operator has
a pecuniary interest, including
communications on behalf of an
employer, with the following
exceptions:
(i) A control station operator may
participate on behalf of an employer in
a government-sponsored emergency
preparedness or disaster readiness test
or drill, limited to the duration and
scope of such test or drill, and
operational testing immediately prior to
such test or drill.
(ii) An amateur operator may notify
other amateur operators of the
availability for sale or trade of apparatus
normally used in an amateur station,
provided that such activity is not
conducted on a regular basis.
*
*
*
*
*
[FR Doc. 2010–9092 Filed 4–21–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 203, 212, and 252
RIN 0750–AG63
Defense Federal Acquisition
Regulation Supplement;
Organizational Conflicts of Interest in
Major Defense Acquisition Programs
(DFARS Case 2009–D015)
emcdonald on DSK2BSOYB1PROD with PROPOSALS
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement section 207 of the Weapons
System Acquisition Reform Act of 2009.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
21, 2010, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D015,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D015 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), 3060 Defense
VerDate Nov<24>2008
15:00 Apr 21, 2010
Jkt 220001
Pentagon, Room 3B855, Washington, DC
20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
DoD is proposing to amend the
DFARS to implement section 207 of the
Weapons System Acquisition Reform
Act of 2009 (WSARA) (Pub. L. 111–23).
Section 207 requires DoD to revise the
DFARS to provide uniform guidance
and tighten existing requirements for
organizational conflicts of interest
(OCIs) by contractors in major defense
acquisition programs. The law sets out
situations that must be addressed and
allows DoD to establish such limited
exceptions as are necessary to ensure
that DoD has continued access to advice
on systems architecture and systems
engineering matters from highly
qualified contractors, while ensuring
that such advice comes from sources
that are objective and unbiased.
In developing regulatory language,
DoD is directed to consider the
recommendation presented by the Panel
on Contracting Integrity. DoD has
reviewed the provisional
recommendations of the Panel in the
formation of this proposed rule and will
consider the final recommendations of
the Panel in the formation of the final
rule. DoD must also consider any
findings and recommendations of the
Administrator of the Office of Federal
Procurement Policy (OFPP) and the
Director of the Office of Government
Ethics (OGE) pursuant to section 841(b)
of the Duncan Hunter National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2009 (Pub. L. 110–417).
Section 841(b) of the NDAA for FY 2009
required review by OFPP, in
consultation with OGE, of FAR coverage
of OCIs. Neither OFPP nor OGE has
issued recommendations to date
pursuant to section 841, but are working
with the FAR Acquisition Law Team,
which includes representatives from
DoD and the civilian agencies, to draft
a proposed rule under FAR Case 2007–
018. As part of this process, OFPP, OGE,
and the Team are reviewing comments
received in response to an Advance
Notice of Proposed Rulemaking,
published in the Federal Register at 73
FR 15962 on March 26, 2008.
A public meeting was held on
December 8, 2009 (see 74 FR 57666) to
provide opportunity for dialogue on the
possible impact on DoD contracting of
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the section 207 requirements relating to
OCIs. In the formation of this proposed
rule, DoD considered the comments
provided at the public meeting, as well
as other unsolicited comments received
from the public. Various presenters at
the public meeting (1) Expressed a
desire for policy and regulation to
emphasize the importance of using
mitigation strategies to address OCIs, (2)
sought a more consistent approach
within the Government to resolve OCIs,
and (3) voiced a strong interest in
ensuring any rule is published for
comment prior to taking effect.
To implement section 207 and its call
for the tightening of existing OCI
requirements effectively, DoD felt it was
necessary to review the FAR’s coverage
on OCIs in subpart 9.5 carefully. FAR
subpart 9.5 is intended to provide the
foundational principles and processes
for identifying and addressing OCIs. At
the same time, FAR subpart 9.5 is
essentially unchanged from the days
when the coverage was located in an
appendix to the Defense Acquisition
Regulation (DAR). The existing FAR
coverage relies primarily upon examples
to describe OCI; some in the contracting
community incorrectly thought the
examples in FAR 9.505 contained the
universe of conflicts. Further, the
existing FAR coverage does not provide
any standard provisions or clauses
addressing OCIs, and the requirements
of FAR subpart 9.5 were often
overlooked by the contracting
community.
DoD has concluded from its review
that—
• The many decisions issued in the
past 15 years by the Government
Accountability Office (GAO) and the
Court of Federal Claims (CoFC) on OCIs
should be reflected in any updated
coverage;
• The coverage of OCIs should be
better organized and relocated to a new
subpart 203.12 to be addressed along
with improper business practices and
personal conflicts of interest;
• Standard provisions and clauses
will be beneficial, as long as there is
opportunity for contracting officers to
tailor the provisions and clauses for
particular circumstances, as
appropriate; and
• Expanding coverage to address
unique issues associated with task and
delivery order (indefinite-delivery/
indefinite-quantity) contracts is also
useful.
DoD proposes to use DFARS subpart
203.12 in lieu of the present FAR
subpart 9.5. However, when the FAR is
revised, pursuant to the section 841(b)
review, to incorporate broader OCI
changes, DoD will follow the FAR and
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Agencies
[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Proposed Rules]
[Pages 20951-20954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9092]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WP Docket No. 10-72; FCC 10-45]
Amendment of the Commission's Rules Regarding Amateur Radio
Service Communications During Government Disaster Drills
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission adopted a document seeking
comment on its proposal to amend the Commission's amateur radio service
rules with respect to amateur radio operations during government-
sponsored emergency preparedness and disaster readiness drills and
tests. Specifically, the Commission proposes to amend the rules to
provide that, under certain limited conditions, amateur radio operators
may transmit messages during emergency and disaster preparedness
drills, regardless of whether the operators are employees of entities
participating in the drill.
DATES: Comments are due on or before May 24, 2010 and reply comments
are due on or before June 7, 2010.
ADDRESSES: You may submit comments, identified by WP Docket No. 10-72
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
People With Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone:
202-418-0530 or TTY: 202-418-0432. For detailed instructions for
submitting comments and additional information on the rulemaking
process, see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jeffrey Cohen, Senior Legal Counsel,
Public Safety and Homeland Security Bureau, at (202) 418-0799, or by e-
mail at Jeff.Cohen@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communication Commission's Notice of Proposed Rulemaking (NPRM) in WP
Docket No. 10-72, FCC 10-45, adopted on March 18, 2010, and released on
March 24, 2010. This document is available to the public at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-45A1.doc.
Synopsis of the NPRM
1. In this NPRM, the Commission proposes to amend its amateur radio
service rules with respect to amateur radio operations during
government-sponsored emergency preparedness and disaster readiness
drills and tests. Although public safety land mobile radio systems are
the primary means of radio-based communications for emergency
responders, experience has shown that amateur radio has played an
important role in preparation for, during, and in the aftermath of,
natural and man-made emergencies and disasters. Current rules provide
for amateur radio use during emergencies. At the same time, the rules
prohibit
[[Page 20952]]
communications in which the station licensee or control operator has a
pecuniary interest, including communications on behalf of an employer.
While there are some exceptions to this prohibition, there is none that
would permit amateur station control operators who are employees of
public safety agencies and other entities, such as hospitals, to
participate in drills and tests in preparation for such emergency
situations and transmit messages on behalf of their employers during
such drills and tests. Accordingly, the Commission proposes to amend
the rules to provide that, under certain limited conditions, amateur
radio operators may transmit messages during emergency and disaster
preparedness drills, regardless of whether the operators are employees
of entities participating in the drill.
I. Background
2. One of the fundamental principles underlying the amateur radio
service is the ``[r]ecognition and enhancement of the value of the
amateur service to the public as a voluntary noncommercial
communication service, particularly with respect to providing emergency
communications.'' 47 CFR 97.1(a). Further, the rules state that ``[n]o
provision of these rules prevents the use by an amateur station of any
means of radio communication at its disposal to provide essential
communication needs in connection with the immediate safety of human
life and immediate protection of property when normal communication
systems are not available.'' 47 CFR 97.403. Indeed, amateur radio
operators provide essential communications links and facilitate relief
actions in disaster situations. While land mobile radio services are
the primary means of conducting emergency communications, amateur radio
plays a unique and critical role when these primary facilities are
damaged, overloaded, or destroyed. For example, during Hurricane
Katrina, amateur radio operators volunteered to support many agencies,
such as the Federal Emergency Management Agency, the National Weather
Service, and the American Red Cross. Amateur radio stations provided
urgently needed wireless communications in many locations where there
was no other means of communicating and also provided other technical
aid to the communities affected by Hurricane Katrina.
3. Since amateur radio is often an essential element of emergency
preparedness and response, many state and local governments and public
safety agencies incorporate amateur radio operators and the
communication capabilities of the amateur service into their emergency
planning. In this regard, some entities, such as hospitals, emergency
operations centers, and police, fire, and emergency medical service
stations, have emphasized the participation of their employees who are
amateur station operators in emergency and disaster drills and tests.
For example, a representative of the New Orleans Urban Area Security
Initiative recently emphasized the importance of conducting emergency
drills and the need for amateur participation.
4. The Commission's rules expressly permit operation of amateur
stations for public service communications during emergencies, and on a
voluntary basis during drills and exercises in preparation for such
emergencies. Given, however, that the Amateur Radio Service is
primarily designated for ``amateurs, that is, duly authorized persons
interested in radio technique solely with a personal aim and without
pecuniary interest,'' see 47 CFR 97.3(a)(4), the rules expressly
prohibit amateur stations from transmitting communications ``in which
the station licensee or control operator has a pecuniary interest,
including communications on behalf of an employer.'' See 47 CFR
97.113(a)(3). Accordingly, public safety entities seeking to have
employees operate amateur stations during government-sponsored
emergency preparedness and disaster drills presently must request a
waiver.
II. Discussion
5. The Commission seeks comment on whether to amend the rules to
permit amateur radio operators to participate in government-sponsored
emergency and disaster preparedness drills and tests, regardless of
whether the operators are employees of the entities participating in
the drill or test. The rules already recognize the importance of
amateur radio in emergencies, and permit participation in such drills
and tests by volunteers (i.e., non-employees of participating
entities). As noted above, experience has shown that amateur operations
can and have played an essential role in protecting the safety of life
and property during emergency situations and disasters. And as
evidenced by recent waiver requests, state and local government public
safety agencies and other entities often conduct disaster and emergency
preparedness drills to be best-prepared for such eventualities. The
proposed rule would obviate the need for a waiver in such instances by
allowing employees of public safety agencies and other entities to
operate amateur stations for testing and drilling of emergency
communications preparedness. The Commission thus tentatively concludes
that employee status should not preclude or prevent participation in
government-sponsored emergency and disaster tests and drills. Further,
the Commission tentatively concludes that extending authority to
operate amateur stations during such drills will enhance emergency
preparedness and thus serve the public interest.
6. In reaching these tentative conclusions, the Commission does not
disturb the core principle of the amateur radio service as a voluntary,
non-commercial communication service carried out by duly authorized
persons interested in radio technique with a personal aim and without
pecuniary interest. Rather, the Commission believes that the public
interest will be served by a narrow exception to the prohibition on
transmitting amateur communications in which the station control
operator has a pecuniary interest or employment relationship, and that
such an exception is consistent with the intent of the amateur radio
service rules. Accordingly, the Commission proposes that amateur
operations in connection with emergency drills be limited to the
duration and scope of the drill, test or exercise being conducted, and
operational testing immediately prior to the drill, test or exercise.
7. Furthermore, the Commission proposes that the emergency tests
and drills must be sponsored by Federal, State, or local governments or
agencies, in order to limit the narrow exception to ensure that drills
further public safety. The Commission notes, however, that there may be
circumstances where conducting emergency drills for disaster planning
purposes, even if not government-sponsored, would serve the public
interest. Accordingly, the Commission seeks comment on whether it
should permit employee operation of amateur stations during non-
government-sponsored emergency drills, if the purpose of the drill is
to assess communications capabilities, including amateur radio, in
order to improve emergency preparedness and response.
8. A large number of agencies and organizations at the state and
local levels coordinate with their local volunteer amateur radio
operators to conduct drills and exercises in concert with other modes
of communication. This joint activity is essential to allow for a
practiced response on the part of the first responder community.
Because some of those drills and exercises
[[Page 20953]]
include transmission of amateur communications by employees of
participating entities, the Commission believes the proposed rule
changes would be in the public interest, consistent with ongoing
national emergency preparedness and response priorities. The Commission
therefore seeks comment on the tentative conclusions contained herein.
III. Procedural Matters
A. Ex Parte Presentations
9. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other requirements
pertaining to oral and written presentations are set forth in section
1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
B. Comment Filing Procedures
10. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. All filings related to this Notice of Proposed Rulemaking
should refer to WP Docket No. 10-72. Comments may be filed using: (1)
the Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper copies.
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
24121 (1998).
11. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the
Federal eRulemaking Portal: https://www.regulations.gov. Filers should
follow the instructions provided on the website for submitting
comments.
12. For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
13. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
14. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
15. Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325,
Washington, DC 20554. The filing hours at this location are 8 a.m. to 7
p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building.
Please Note: The Commission's former filing location at 236
Massachusetts Avenue, NE. is permanently closed.
16. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
17. U.S. Postal Service first-class, Express, and Priority mail
should be addressed to 445 12th Street, SW., Washington DC 20554.
C. Accessible Formats
18. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
IV. Initial Regulatory Flexibility Analysis
19. The Regulatory Flexibility Act (RFA) requires an initial
regulatory flexibility analysis to be prepared for notice and comment
rulemaking proceedings, unless the agency certifies that ``the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
20. Because ``small entities,'' as defined in the RFA, are not
persons eligible for licensing in the amateur service, this proposed
rule does not apply to ``small entities.'' Rather, it applies
exclusively to individuals who are the control operators of amateur
radio stations. Therefore, we certify that the proposals in this Notice
of Proposed Rulemaking, if adopted, will not have a significant
economic impact on a substantial number of small entities. The
Commission will send a copy of the Notice of Proposed Rulemaking,
including a copy of this Initial Regulatory Flexibility Certification,
to the Chief Counsel for Advocacy of the SBA. This initial
certification will also be published in the Federal Register.
V. Ordering Clauses
21. Accordingly, it is ordered, pursuant to sections 4(i), 303(r),
and 403 of the Communications Act of 1934, 47 U.S.C. 154(i), 303(r),
and 403, that this Notice of Proposed Rulemaking is hereby adopted.
22. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Center, shall send a copy of
this Notice of Proposed Rulemaking, including the Initial Regulatory
Flexibility Analyses, to the Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons set forth in the preamble, FCC proposes to amend 47
CFR part 97 as follows:
PART 97--AMATEUR RADIO SERVICE
1. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
2. In Sec. 97.113, revise paragraph (a)(3) to read as follows:
Sec. 97.113 Prohibited transmissions.
(a) * * *
[[Page 20954]]
(3) Communications in which the station licensee or control
operator has a pecuniary interest, including communications on behalf
of an employer, with the following exceptions:
(i) A control station operator may participate on behalf of an
employer in a government-sponsored emergency preparedness or disaster
readiness test or drill, limited to the duration and scope of such test
or drill, and operational testing immediately prior to such test or
drill.
(ii) An amateur operator may notify other amateur operators of the
availability for sale or trade of apparatus normally used in an amateur
station, provided that such activity is not conducted on a regular
basis.
* * * * *
[FR Doc. 2010-9092 Filed 4-21-10; 8:45 am]
BILLING CODE 6712-01-P