Aviation Communications, 17347-17353 [2011-4003]
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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this determination that
the Clark County ozone nonattainment
area has attained the 1997 8-hour ozone
NAAQS does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
State, and EPA notes that it will not
impose substantial direct costs on Tribal
governments or preempt Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
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17347
States Court of Appeals for the
appropriate circuit by May 31, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
List of Subjects in 40 CFR Part 52
Aviation Communications
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
AGENCY:
45 CFR Part 2522
Americorps Participants, Programs,
and Applicants
CFR Correction
In Title 45 of the Code of Federal
Regulations, Part 1200 to End, revised as
of October 1, 2010, on page 674, in
§ 2522.910, paragraph (b)(1)(ii) is
removed.
[FR Doc. 2011–7439 Filed 3–28–11; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2 and 87
[WT Docket No. 01–289; FCC 10–103]
Federal Communications
Commission.
ACTION: Final rule.
ENVIRONMENTAL PROTECTION
AGENCY
In this document, the Federal
Communications Commission
(Commission or FCC) addresses a
number of important issues pertaining
to the Aviation Radio Services,
amending its rules in the interest of
accommodating the communications
needs of the aviation community to the
greatest possible extent, and ensuring
that aeronautical spectrum is used
efficiently to enhance the safety of
flight.
40 CFR Part 52
DATES:
Revision to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District
Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Mobility Division, Wireless
Telecommunications Bureau, (202) 418–
1617, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Third
Report and Order (Third R&O), in WT
Docket No. 01–289, FCC 10–103,
adopted on June 1, 2010, and released
on June 15, 2010. Contemporaneous
with this document, the Commission
issues an Order that stays a rule that
was adopted in the Third R&O
(published elsewhere in this
publication). The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Center, 445
12th Street, SW., Washington, DC
20554. The complete text may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Dated: March 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011–7221 Filed 3–28–11; 8:45 am]
BILLING CODE 6560–50–P
In Title 40 of the Code of Federal
Regulations, Part 52 (§§ 52.01 to
52.1018), revised as of July 1, 2010, on
page 252, in § 52.220, paragraph
(c)(345)(i)(D) is added to read as follows:
Identification of plan.
*
*
*
*
*
(c) * * *
(345) * * *
(i) * * *
(D) Great Basin Unified Air Pollution
Control District
(1) Rule 201, ‘‘Exemptions,’’ adopted
on September 5, 1974 and revised on
January 23, 2006.
*
*
*
*
*
[FR Doc. 2011–7432 Filed 3–28–11; 8:45 am]
BILLING CODE 1505–01–D
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Effective May 31, 2011.
FOR FURTHER INFORMATION CONTACT:
CFR Correction
§ 52.220
SUMMARY:
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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations
Washington, DC 20554. The full text
may also be downloaded at: https://
www.fcc.gov. Alternative formats are
available to persons with disabilities by
sending an e-mail to fcc504@fcc.gov or
by calling the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
1. The Third Report and Order
addresses issues raised in the Second
Further Notice of Proposed Rule Making
(Second FNPRM) in this WT Docket No.
01–289 proceeding. The Commission
takes the following significant actions in
the Third R&O: (i) Deletes the secondary
allocation of the 117.975–136 MHz
aeronautical frequency band for
Aeronautical Mobile Satellite (Route)
Service (AMS(R)S); (ii) permits the use
of 8.33 kHz channel spacing in the
aeronautical enroute service and by
flight test stations; (iii) removes one of
the four frequencies designated for
Flight Information Services—Broadcast
(FIS–B); (iv) permits the use of specified
frequencies for air-to-air
communications in Hawaii; (v) permits
the use of specified frequencies for airto-air communications in the Los
Angeles area; (vi) clarifies the
applicability of the one-unicom-perairport rule; and (vii) permits the filing
of applications to assign or transfer
control of aircraft station licenses. In
addition in this Third R&O, the
Commission adopts a rule prohibiting
the certification, manufacture,
importation, sale, or continued use of
121.5 MHz emergency locator
transmitters (ELTs) other than the
Breitling Emergency Watch ELT, but, in
a separate order, the Commission stays
the effective date of this rule
indefinitely.
I. Procedural Matters
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A. Paperwork Reduction Act Analysis
2. The Third R&O does not contain
any new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. Neither,
does it contain any new or modified
‘‘information collection burden for small
business concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Report to Congress
3. The Commission will send a copy
of this Third R&O in a report to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
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C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Second FNPRM in this proceeding. The
Commission sought written public
comment on the proposals in the
Second FNPRM, including comment on
the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.
potential economic impact on small
entities of the rules enacted herein.
Description and Estimate of the Number
of Small Entities to Which Rules Will
Apply
7. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted herein. The RFA
defines the term ‘‘small entity’’ as having
the same meaning as the terms ‘‘small
business,’’ ‘‘small organization,’’ and
Need for, and Objectives of, the Third
‘‘small governmental jurisdiction.’’ In
Report and Order
addition, the term ‘‘small business’’ has
5. The rules adopted in the Third R&O the same meaning as the term ‘‘small
are intended to ensure that the
business concern’’ under the Small
Commission’s part 87 rules governing
Business Act.. A small business concern
the Aviation Radio Service remain upis one which: (1) Is independently
to-date and continue to further the
owned and operated; (2) is not
Commission’s goals of accommodating
dominant in its field of operation; and
new technologies, facilitating the
(3) satisfies any additional criteria
efficient and effective use of the
established by the Small Business
aeronautical spectrum, avoiding
Administration (SBA).
unnecessary regulation, and, above all,
8. Small businesses in the aviation
enhancing the safety of flight.
and marine radio services use a marine
Specifically, in the Third R&O, the
very high frequency (VHF), medium
Commission (a) deletes the secondary
frequency (MF), or high frequency (HF)
allocation of the 117.975–136 MHz
radio, any type of emergency position
aeronautical frequency band for
indicating radio beacon (EPIRB) and/or
Aeronautical Mobile Satellite (Route)
radar, an aircraft radio, and/or any type
Service (AMS(R)S); (b) permits the use
of emergency locator transmitter (ELT).
of 8.33 kHz channel spacing in the
The Commission has not developed a
aeronautical enroute service and by
definition of small entities specifically
flight test stations; (c) removes one of
applicable to these small businesses. For
the four frequencies designated for
purposes of this FRFA, therefore, the
Flight Information Services—Broadcast
applicable definition of small entity is
(FIS–B); (d) permits the use of specified the definition under the SBA rules
frequencies for air-to-air
applicable to wireless service providers.
communications in Hawaii; (e) permits
Since 2007, the Census Bureau has
the use of specified frequencies for airplaced wireless firms within this new,
to-air communications in the Los
broad, economic census category. Prior
Angeles area; (f) clarifies the
to that time, such firms were within the
applicability on the one-unicom-pernow-superseded categories of ‘‘Paging’’
airport rule; (g) permits the filing of
and ‘‘Cellular and Other Wireless
applications to assign or transfer aircraft Telecommunications.’’ Under the
station licenses; and (h) prohibits the
present and prior categories, the SBA
certification, manufacture, importation,
has deemed a wireless business to be
sale, or continued use of 121.5 MHz
small if it has 1,500 or fewer employees.
emergency locator transmitters (ELTs)
Because Census Bureau data are not yet
other than the Breitling Emergency
available for the new category, we will
Watch ELT. In a separate order, the
estimate small business prevalence
Commission stays the effective date of
using the prior categories and associated
the rule prohibiting the certification,
data. For the category of Paging, data for
manufacture, importation, sale, or
2002 show that there were 807 firms
continued use of 121.5 MHz ELTs.
that operated for the entire year. Of this
Summary of Significant Issues Raised by total, 804 firms had employment of 999
or fewer employees, and three firms had
Public Comments in Response to the
employment of 1,000 employees or
IRFA
more. For the category of Cellular and
6. No comments were submitted
Other Wireless Telecommunications,
specifically in response to the IRFA.
data for 2002 show that there were 1,397
Nonetheless, we have considered the
firms that operated for the entire year.
potential economic impact on small
Of this total, 1,378 firms had
entities of the rules discussed in the
employment of 999 or fewer employees,
IRFA, and we have considered
and 19 firms had employment of 1,000
alternatives that would reduce the
employees or more. Thus, we estimate
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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations
that the majority of wireless firms are
small.
9. Some of the rules adopted herein
may also affect small businesses that
manufacture aviation radio equipment.
The Commission has not developed a
definition of small entities applicable to
aviation radio equipment
manufacturers. Therefore, the applicable
definition is that for Radio and
Television Broadcasting and Wireless
Communications Equipment
Manufacturers. The Census Bureau
defines this category as follows: ‘‘This
industry comprises establishments
primarily engaged in manufacturing
radio and television broadcast and
wireless communications equipment.
Examples of products made by these
establishments are: transmitting and
receiving antennas, cable television
equipment, GPS equipment, pagers,
cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.’’ The SBA has developed a
small business size standard for Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing, which is: All such firms
having 750 or fewer employees.
According to Census Bureau data for
2002, there were a total of 1,041
establishments in this category that
operated for the entire year. Of this
total, 1,010 had employment of under
500, and an additional 13 had
employment of 500 to 999. Thus, under
this size standard, the majority of firms
can be considered small.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
10. The Third R&O does not impose
any additional reporting, recordkeeping,
or other compliance requirements on
small entities.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
11. The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
approach, which may include the
following four alternatives (among
others): ‘‘(1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
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from coverage of the rule, or any part
thereof, for such small entities.’’
12. As explained in section D of this
FRFA, above, the Third R&O does not
impose any additional reporting,
recordkeeping, or other compliance
requirements on small entities. In the
IRFA accompanying the Second
FNPRM, the Commission identified two
measures that it was considering that
might conceivably impose significant
new compliance burdens on small
entities: (1) The adoption of rules
requiring that mobile satellite systems
accord priority and preemptive access to
AMS(R)S communications in additional
frequency bands, including the 1.6
MHz, 2 MHz, and 5 MHz frequency
bands, and (2) the adoption of rules
mandating a transition to 8.33 kHz
channel spacing in the aeronautical
enroute service. In the Third R&O,
however, the Commission does not
adopt either of these requirements. The
Commission has determined to defer
addressing the possibility of requiring
MSS licensees to accord priority and
preemptive access to AMS(R)S
communications in additional
frequency bands until other matters
pertaining to MSS licensees are
addressed in other proceedings. In
addition, the Commission has decided
not to mandate that the aeronautical
enroute service transition to 8.33 kHz
channel spacing, but only to allow such
a transition to 8.33 kHz channel spacing
in the aeronautical enroute (and flight
test station) service on a permissive
basis. Finally, as noted, the Commission
determined in the IRFA accompanying
the Second FNPRM that none of the
other rule changes under consideration
would impose any new compliance
burden on any entity, and there is
nothing in the record to undermine that
conclusion. In sum, none of the rule
changes adopted in the Third R&O
imposes a new compliance burden on
any entity.
F. Report to Congress
13. The Commission will send a copy
of this Third R&O in WT Docket No. 01–
289, including the Final Regulatory
Flexibility Analysis, in a report to be
sent to Congress pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
Third R&O, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the SBA.
A copy of the Third R&O and the Final
Regulatory Flexibility Analysis (or
summaries thereof) will also be
published in the Federal Register.
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List of Subjects
47 CFR Part 1
Administrative practice and
procedure, Radio.
47 CFR Part 2
Radio.
47 CFR Part 87
Air transportation, Communications
equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 1, 2
and 87 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309.
2. Amend § 1.948 by revising
paragraph (b)(5) to read as follows:
■
§ 1.948 Assignment of authorization or
transfer of control, notification of
consummation.
*
*
*
*
*
(b)(5) Licenses, permits, and
authorizations for stations in the
Amateur, Ship, Commercial Operator
and Personal Radio Services (except
218–219 MHz Service) may not be
assigned or transferred, unless
otherwise stated.
*
*
*
*
*
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
3. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
4. Amend § 2.106, by revising page 20
of the Table of Frequency Allocations,
and by adding footnote US36 to the list
of United States (U.S.) Footnotes to read
as follows.
■
§ 2.106
*
Table of frequency allocations.
*
*
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BILLING CODE 6712–01–C
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United States (U.S.) Footnotes
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US36 In Hawaii, the bands 120.647–
120.653 MHz and 127.047–127.053 MHz
are also allocated to the aeronautical
mobile service on a primary basis for
non-Federal aircraft air-to-air
communications on 120.65 MHz (Maui)
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6. Amend § 87.133 by revising
paragraph (a) introductory text and by
adding paragraph (g) to read as follows:
and 127.05 MHz (Hawaii and Kauai) as
specified in 47 CFR 87.187.
*
*
*
*
*
■
PART 87—AVIATION SERVICES
§ 87.133
5. The authority citation for part 87
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303 and 307(e),
unless otherwise noted.
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Frequency stability.
(a) Except as provided in paragraphs
(c), (d), (f), and (g) of this section, the
carrier frequency of each station must be
maintained within these tolerances:
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(g) Any aeronautical enroute service
transmitter operating in U.S. controlled
airspace with 8.33 kHz channel spacing
(except equipment being tested by
avionics equipment manufacturers and
flight test stations prior to delivery to
their customers for use outside U.S.
controlled airspace) must achieve
0.0005% frequency stability when
operating in that mode.
■ 7. Amend § 87.137 by revising
footnote 17 in paragraph (a) to read as
follows:
§ 87.137
Types of emission.
(a) * * *
17 In the band 117.975–137 MHz, the
Commission will not authorize any 8.33
kHz channel spaced transmissions or
the use of their associated emission
designator within the U.S. National
Airspace System, except, on an optional
basis, by Aeronautical Enroute Stations
and Flight Test Stations, or by avionics
equipment manufacturers which are
required to perform installation and
checkout of such radio systems prior to
delivery to their customers. For
transmitters certificated to tune to 8.33
kHz channel spacing as well as 25 kHz
channel spacing, the authorized
bandwidth is 8.33 kHz when tuned to
an 8.33 kHz channel.
*
*
*
*
*
§ 87.171
[Amended]
8. Amend § 87.171 by removing the
entry ‘‘FAP–Civil Air Patrol.’’
■ 9. Amend § 87.173 by removing the
entry for ‘‘72.020–75.980 MHz,’’ adding
entries for ‘‘72.02–72.98 MHz’’ and
‘‘75.42–75.98 MHz,’’ revising the entries
for ‘‘118.00–121.400,’’ ‘‘121.500 MHz,’’
‘‘121.975 MHz,’’ ‘‘122.025 MHz,’’
‘‘122.075 MHz,’’ ‘‘123.6–128.8 MHz,’’
‘‘128.825–132.000 MHz,’’ ‘‘132.025–
135.975 MHz,’’ ‘‘136.500–136.875 MHz,’’
and ‘‘406.0–406.1 MHz’’ in the table in
paragraph (b) to read as follows:
■
§ 87.173
*
Frequencies.
*
*
*
*
(b) Frequency table:
Frequency or
frequency band
Subpart
Class of station
72.02–72.98 MHz ..........................
75.42–75.98 MHz ..........................
P ....................................................
P ....................................................
FA, AXO ........................................
FA, AXO ........................................
*
*
118.000–121.400 MHz ..................
*
*
*
O, S ............................................... MA, FAC, FAW, GCO ...................
RCO, RPC ....................................
*
*
25 kHz channel spacing
*
*
121.500 MHz .................................
*
*
*
G, H, I, J, K, M, O ......................... MA, FAU, FAE, FAT, FAS, FAC,
FAM.
*
*
Emergency and distress.
*
*
121.975 MHz .................................
*
*
*
F, S ............................................... MA2, FAW, FAC, MOU .................
*
*
Air traffic control operations.
*
*
122.025 MHz .................................
*
*
*
F, S ............................................... MA2, FAW, FAC, MOU .................
*
*
Air traffic control operations.
*
*
122.075 MHz .................................
*
*
*
F, S ............................................... MA2, FAW, FAC, MOU .................
*
*
Air traffic control operations.
*
*
123.6–128.8 MHz ..........................
128.825–132.000 ..........................
132.025–135.975 MHz ..................
*
*
*
O, S ............................................... MA, FAC, FAW, GCO, RCO, RPC
I ..................................................... MA, FAE ........................................
O, S ............................................... MA, FAC, FAW, GCO RCO RPC
*
*
25 kHz channel spacing.
Domestic VHF.
25 kHz channel spacing.
*
*
136.500–136.875 MHz ..................
*
*
*
I ..................................................... MA, FAE ........................................
*
Domestic VHF.
*
*
406.0–406.1 MHz ..........................
*
*
*
F, G, H, I, J, K, M, O .................... MA, FAU, FAE, FAT, FAS, FAC,
FAM.
*
*
Emergency and distress.
*
*
*
*
*
*
*
*
10. Amend § 87.187 by revising
paragraphs (cc) and (dd), and by adding
new paragraphs (gg) and (hh) to read as
follows:
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■
§ 87.187
Frequencies.
*
*
*
*
*
(cc) The frequency 120.650 MHz 1 is
authorized for air-to-air use for aircraft
up to and including 3 km (10,000 ft)
mean sea level within the area bounded
by the following coordinates (all
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*
35–59–44.9 N. Lat; 114–51–48.0 W.
Long.
36–09–29.9 N. Lat; 114–50–3.0 W. Long.
36–09–29.9 N. Lat; 114–02–57.9 W.
Long.
35–54–45.0 N. Lat; 113–48–47.8 W.
Long.
(dd) The frequencies 136.425,
136.450, and 136.475 MHz are
designated for flight information
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Operational fixed.
Operational fixed.
*
coordinates are referenced to North
American Datum 1983 (NAD83)):
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*
*
services—broadcast (FIS–B) and may
not be used by aircraft for transmission.
*
*
*
*
*
(gg) (1) The frequency 120.650 MHz is
authorized for air-to-air
communications for aircraft over and
within five nautical miles of the
shoreline of the Hawaiian Island of
Maui.
(2) The frequency 121.950 MHz is
authorized for air-to-air use for aircraft
over and within five nautical miles of
the shoreline of the Hawaiian Island of
Molokai.
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(3) The frequency 122.850 MHz is
authorized for air-to-air use for aircraft
over and within five nautical miles of
the shoreline of the Hawaiian Island of
Oahu.
(4) The frequency 122.850 MHz is
authorized for aircraft over and within
five nautical miles of the shoreline of
the Hawaiian Island of Hawaii when
aircraft are south and east of the 215
degree radial of very high frequency
omni-directional radio range of Hilo
International Airport.
(5) The frequency 127.050 MHz is
authorized for air-to-air use for aircraft
over and within five nautical miles of
the shoreline of the Hawaiian Island of
Hawaii when aircraft are north and west
of the 215 degree radial of very high
frequency omni-directional radio range
of Hilo International Airport.
(6) The frequency 127.050 MHz is
authorized for air-to-air use for aircraft
over and within five nautical miles of
the Hawaiian Island of Kauai.
(hh) (1) The frequency 121.95 MHz is
authorized for air-to-air
communications for aircraft within the
area bounded by the following
coordinates (all coordinates are
referenced to North American Datum
1983 (NAD83)):
33–46–00 N. Lat.; 118–27–00 W. Long.
33–47–00 N. Lat.; 118–12–00 W. Long.
33–40–00 N. Lat.; 118–00–00 W. Long.
33–35–00 N. Lat.; 118–08–00 W. Long.
34–00–00 N. Lat.; 118–26–00 W. Long.
(2) The frequency 122.775 MHz is
authorized for air-to-air
communications for aircraft within the
area bounded by the following
coordinates (all coordinates are
referenced to North American Datum
1983 (NAD83)):
34–22–00 N. Lat.; 118–30–00 W. Long.
34–35–00 N. Lat.; 118–15–00 W. Long.
34–27–00 N. Lat.; 118–15–00 W. Long.
34–16–00 N. Lat.; 118–35–00 W. Long.
34–06–00 N. Lat.; 118–35–00 W. Long.
34–05–00 N. Lat.; 118–50–00 W. Long.
(3) The frequency 123.30 MHz is
authorized for air-to-air
communications for aircraft within the
area bounded by the following
coordinates (all coordinates are
referenced to North American Datum
1983 (NAD83)):
34–08–00 N. Lat.; 118–00–00 W. Long.
34–10–00 N. Lat.; 117–08–00 W. Long.
34–00–00 N. Lat.; 117–08–00 W. Long.
33–53–00 N. Lat.; 117–42–00 W. Long.
33–58–00 N. Lat.; 118–00–00 W. Long.
(4) The frequency 123.50 MHz is
authorized for air-to-air
communications for aircraft within the
area bounded by the following
coordinates (all coordinates are
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referenced to North American Datum
1983 (NAD83)):
33–53–00 N. Lat.; 117–37–00 W. Long.
34–00–00 N. Lat.; 117–15–00 W. Long.
34–00–00 N. Lat.; 117–07–00 W. Long.
33–28–00 N. Lat.; 116–55–00 W. Long.
33–27–00 N. Lat.; 117–12–00 W. Long.
(5) The frequency 123.50 MHz is
authorized for air-to-air
communications for aircraft within the
area bounded by the following
coordinates (all coordinates are
referenced to North American Datum
1983 (NAD83)):
33–50–00 N. Lat.; 117–48–00 W. Long.
33–51–00 N. Lat.; 117–41–00 W. Long.
33–38–00 N. Lat.; 117–30–00 W. Long.
33–30–00 N. Lat.; 117–30–00 W. Long.
33–30–00 N. Lat.; 117–49–00 W. Long.
11. Amend § 87.195 by revising the
section heading, and by adding
introductory text to read as follows:
■
§ 87.195
Prohibition of 121.5 MHz ELTs.
The manufacture, importation, sale or
use of 121.5 MHz ELTs is prohibited.
*
*
*
*
*
■ 12. Amend § 87.199 by revising
paragraph (a) to read as follows:
§ 87.215
Supplemental eligibility.
*
*
*
*
*
(b) Only one unicom will be
authorized to operate at an airport
which does not have a control tower,
RCO or FAA flight service station that
operates on the published common
traffic advisory frequency. At any other
airport, the one unicom limitation does
not apply, and the airport operator and
all aviation services organizations may
be licensed to operate a unicom on the
assigned frequency.
*
*
*
*
*
(f) At an airport where only one
unicom may be licensed, when the
Commission believes that the unicom
has been abandoned or has ceased
operation, another unicom may be
licensed on an interim basis pending
final determination of the status of the
original unicom. An applicant for an
interim license must notify the present
licensee and must comply with the
notice requirements of paragraph (g) of
this section.
*
*
*
*
*
■ 14. Amend § 87.263 by revising
paragraphs (a)(1) and (c) to read as
follows:
§ 87.199 Special requirements for 406.0–
406.1 MHz ELTs.
§ 87.263
(a) 406.0–406.1 ELTs use G1D
emission. Except for the spurious
emission limits specified in § 87.139(h),
406.0–406.1 MHz ELTs must meet all
the technical and performance
standards contained in the Radio
Technical Commission for Aeronautics
document titled ‘‘Minimum Operational
Performance Standards 406 MHz
Emergency Locator Transmitters (ELT)’’
Document No. RTCA/DO–204 dated
September 29, 1989. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of this standard can
be inspected at the Federal
Communications Commission, 445 12th
Street, SW., Washington, DC (Reference
Information Center) or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Copies of the RTCA
standards also may be obtained from the
Radio Technical Commission of
Aeronautics, One McPherson Square,
1425 K Street, NW., Washington, DC
20005.
*
*
*
*
*
■ 13. Amend § 87.215 by revising
paragraphs (b) and (f) to read as follows:
(a) * * *
(1) Frequencies in the 128.8125–
132.125 MHz and 136.4875–137.00 MHz
bands are available to serve domestic
routes, except that the frequency
136.750 MHz is available only to
aeronautical enroute stations located at
least 288 kilometers (180 miles) from
the Gulf of Mexico shoreline (outside
the Gulf of Mexico region). The
frequencies 136.900 MHz, 136.925 MHz,
136.950 MHz and 136.975 MHz are
available to serve domestic and
international routes. Frequency
assignments may be based on either 8.33
kHz or 25 kHz spacing. Use of these
frequencies must be compatible with
existing operations and must be in
accordance with pertinent international
treaties and agreements.
*
*
*
*
*
(c) International VHF service.
Frequencies in the 128.825–132.000 and
136.000–137.000 MHz bands are
available to enroute stations serving
international flight operations.
Frequency assignments are based on
either 8.33 kHz or 25 kHz channel
spacing. Proposed operations must be
compatible with existing operations in
the band.
*
*
*
*
*
■ 15. In 87.303, revise paragraph (b) and
add a new paragraph (f) to read as
follows:
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Frequencies.
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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations
§ 87.303
*
Frequencies.
*
*
*
17353
(b) These additional frequencies are
available for assignment only to flight
test stations of aircraft manufacturers:
*
MHz
MHz
MHz
MHz
123.125 2
123.150 2
123.250 3
123.275 3
123.325 3
123.350 3
123.425 3
123.475 3
123.525 3
123.550 3
123.575 2
1 When
R3E, H3E or J3E emission is used, the assigned frequency will be 3282.4 kHz (3281.0 kHz carrier frequency).
frequency is available only to itinerant stations that have a requirement to be periodically transferred to various locations.
3 Mobile station operations on these frequencies are limited to an area within 320 km (200 mi) of an associated flight test land station.
2 This
*
*
*
*
*
(f) Frequency assignments for Flight
Test VHF Stations may be based on
either 8.33 kHz or 25 kHz spacing.
Assignable frequencies include the
interstitial frequencies 8.33 kHz from
the VHF frequencies listed in
paragraphs (a) and (b) of this section.
Each 8.33 kHz interstitial frequency is
subject to the same eligibility criteria
and limitations as the nearest frequency
listed in paragraphs (a) and (b) of this
section.
[FR Doc. 2011–4003 Filed 3–28–11; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 87
[WT Docket No. 01–289; FCC 11–2]
Aviation Communications
Federal Communications
Commission.
ACTION: Final rule; suspension of
effectiveness.
AGENCY:
In this document, the Federal
Communications Commission (FCC)
stays indefinitely a rule that rule
prohibits the certification, manufacture,
importation, sale, or continued use of
121.5 MHz emergency locator
transmitters (ELTs). The Commission is
staying the effective date of the
amendment because information that
first came to its attention after the
adoption and release of the Third R&O
indicates that it would serve the public
interest to augment the record on this
issue by providing an additional
opportunity for public comment.
DATES: Effective March 29, 2011,
§ 87.195 is stayed until further notice.
FOR FURTHER INFORMATION CONTACT: Jeff
Tobias, Mobility Division, Wireless
Telecommunications Bureau, at (202)
418–0620.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order, released on
January 11, 2011. Contemporaneous
with this document, the Commission
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SUMMARY:
VerDate Mar<15>2010
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issues a Third Report and Order (Third
R&O), (published elsewhere in this
publication). The full text of this
document is available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. This document
may also be purchased from the FCC’s
copy contractor, Best Copy and Printing,
Inc., 445 12th Street, SW., Room CY–
B402, Washington, DC 20554. The full
text may also be downloaded at:
https://www.fcc.gov. Alternative formats
are available to persons with disabilities
by sending an e-mail to fcc504@fcc.gov
or by calling the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
In this Order, the FCC stayed the
effectiveness of 47 CFR 89.195, as
amended in the Third R&O, which
prohibits the certification, manufacture,
importation, sale, or continued use of
121.5 MHz ELTs. The stay will remain
in effect indefinitely, and the question
of the appropriate regulatory treatment
of 121.5 MHz ELTs will be addressed
anew after the FCC has received
additional public comment on the
question. The FCC will separately
publish in the Federal Register a
document requesting such comment.
List of Subjects in 47 CFR Part 87
Communications equipment, Radio.
For the reasons discussed in the
preamble, the FCC amends 47 part 87 as
follows:
PART 47—[AMENDED]
1. The authority citation for part 47
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303 and 307(e),
unless otherwise noted.
2. Effective March 29, 2011, § 87.195
is stayed indefinitely.
■
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
BILLING CODE 6712–01–P
Frm 00023
Fmt 4700
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R9–MB–2010–0082;
91200–1231–9BPP–L2]
RIN 1018–AX30
Migratory Bird Subsistence Harvest in
Alaska; Harvest Regulations for
Migratory Birds in Alaska During the
2011 Season
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) establishes
migratory bird subsistence harvest
regulations in Alaska for the 2011
season. These regulations will enable
the continuation of customary and
traditional subsistence uses of migratory
birds in Alaska and prescribe regional
information on when and where the
harvesting of birds may occur. These
regulations were developed under a comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives. The rulemaking is
necessary because the regulations
governing the subsistence harvest of
migratory birds in Alaska are subject to
annual review. This rulemaking
establishes region-specific regulations
that go into effect on April 2, 2011, and
expire on August 31, 2011.
DATES: The amendments to subpart D of
50 CFR part 92 are effective April 2,
2011, through August 31, 2011.
FOR FURTHER INFORMATION CONTACT: Fred
Armstrong, (907) 786–3887, or Donna
Dewhurst, (907) 786–3499, U.S. Fish
and Wildlife Service, 1011 E. Tudor
Road, Mail Stop 201, Anchorage, AK
99503.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Why is this rulemaking necessary?
[FR Doc. 2011–4007 Filed 3–28–11; 8:45 am]
PO 00000
DEPARTMENT OF THE INTERIOR
Sfmt 4700
This rulemaking is necessary because,
by law, the migratory bird harvest
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[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17347-17353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4003]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2 and 87
[WT Docket No. 01-289; FCC 10-103]
Aviation Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) addresses a number of important issues pertaining
to the Aviation Radio Services, amending its rules in the interest of
accommodating the communications needs of the aviation community to the
greatest possible extent, and ensuring that aeronautical spectrum is
used efficiently to enhance the safety of flight.
DATES: Effective May 31, 2011.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Mobility Division, Wireless Telecommunications Bureau, (202) 418-1617,
or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Third Report and Order (Third R&O), in WT
Docket No. 01-289, FCC 10-103, adopted on June 1, 2010, and released on
June 15, 2010. Contemporaneous with this document, the Commission
issues an Order that stays a rule that was adopted in the Third R&O
(published elsewhere in this publication). The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room
CY-B402,
[[Page 17348]]
Washington, DC 20554. The full text may also be downloaded at: https://www.fcc.gov. Alternative formats are available to persons with
disabilities by sending an e-mail to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
1. The Third Report and Order addresses issues raised in the Second
Further Notice of Proposed Rule Making (Second FNPRM) in this WT Docket
No. 01-289 proceeding. The Commission takes the following significant
actions in the Third R&O: (i) Deletes the secondary allocation of the
117.975-136 MHz aeronautical frequency band for Aeronautical Mobile
Satellite (Route) Service (AMS(R)S); (ii) permits the use of 8.33 kHz
channel spacing in the aeronautical enroute service and by flight test
stations; (iii) removes one of the four frequencies designated for
Flight Information Services--Broadcast (FIS-B); (iv) permits the use of
specified frequencies for air-to-air communications in Hawaii; (v)
permits the use of specified frequencies for air-to-air communications
in the Los Angeles area; (vi) clarifies the applicability of the one-
unicom-per-airport rule; and (vii) permits the filing of applications
to assign or transfer control of aircraft station licenses. In addition
in this Third R&O, the Commission adopts a rule prohibiting the
certification, manufacture, importation, sale, or continued use of
121.5 MHz emergency locator transmitters (ELTs) other than the
Breitling Emergency Watch ELT, but, in a separate order, the Commission
stays the effective date of this rule indefinitely.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The Third R&O does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. Neither, does it contain any new or modified
``information collection burden for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
B. Report to Congress
3. The Commission will send a copy of this Third R&O in a report to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Second FNPRM in this proceeding. The Commission
sought written public comment on the proposals in the Second FNPRM,
including comment on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Third Report and Order
5. The rules adopted in the Third R&O are intended to ensure that
the Commission's part 87 rules governing the Aviation Radio Service
remain up-to-date and continue to further the Commission's goals of
accommodating new technologies, facilitating the efficient and
effective use of the aeronautical spectrum, avoiding unnecessary
regulation, and, above all, enhancing the safety of flight.
Specifically, in the Third R&O, the Commission (a) deletes the
secondary allocation of the 117.975-136 MHz aeronautical frequency band
for Aeronautical Mobile Satellite (Route) Service (AMS(R)S); (b)
permits the use of 8.33 kHz channel spacing in the aeronautical enroute
service and by flight test stations; (c) removes one of the four
frequencies designated for Flight Information Services--Broadcast (FIS-
B); (d) permits the use of specified frequencies for air-to-air
communications in Hawaii; (e) permits the use of specified frequencies
for air-to-air communications in the Los Angeles area; (f) clarifies
the applicability on the one-unicom-per-airport rule; (g) permits the
filing of applications to assign or transfer aircraft station licenses;
and (h) prohibits the certification, manufacture, importation, sale, or
continued use of 121.5 MHz emergency locator transmitters (ELTs) other
than the Breitling Emergency Watch ELT. In a separate order, the
Commission stays the effective date of the rule prohibiting the
certification, manufacture, importation, sale, or continued use of
121.5 MHz ELTs.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
6. No comments were submitted specifically in response to the IRFA.
Nonetheless, we have considered the potential economic impact on small
entities of the rules discussed in the IRFA, and we have considered
alternatives that would reduce the potential economic impact on small
entities of the rules enacted herein.
Description and Estimate of the Number of Small Entities to Which Rules
Will Apply
7. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA 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).
8. Small businesses in the aviation and marine radio services use a
marine very high frequency (VHF), medium frequency (MF), or high
frequency (HF) radio, any type of emergency position indicating radio
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of
emergency locator transmitter (ELT). The Commission has not developed a
definition of small entities specifically applicable to these small
businesses. For purposes of this FRFA, therefore, the applicable
definition of small entity is the definition under the SBA rules
applicable to wireless service providers. Since 2007, the Census Bureau
has placed wireless firms within this new, broad, economic census
category. Prior to that time, such firms were within the now-superseded
categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under the present and prior categories, the SBA
has deemed a wireless business to be small if it has 1,500 or fewer
employees. Because Census Bureau data are not yet available for the new
category, we will estimate small business prevalence using the prior
categories and associated data. For the category of Paging, data for
2002 show that there were 807 firms that operated for the entire year.
Of this total, 804 firms had employment of 999 or fewer employees, and
three firms had employment of 1,000 employees or more. For the category
of Cellular and Other Wireless Telecommunications, data for 2002 show
that there were 1,397 firms that operated for the entire year. Of this
total, 1,378 firms had employment of 999 or fewer employees, and 19
firms had employment of 1,000 employees or more. Thus, we estimate
[[Page 17349]]
that the majority of wireless firms are small.
9. Some of the rules adopted herein may also affect small
businesses that manufacture aviation radio equipment. The Commission
has not developed a definition of small entities applicable to aviation
radio equipment manufacturers. Therefore, the applicable definition is
that for Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturers. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: All such firms having
750 or fewer employees. According to Census Bureau data for 2002, there
were a total of 1,041 establishments in this category that operated for
the entire year. Of this total, 1,010 had employment of under 500, and
an additional 13 had employment of 500 to 999. Thus, under this size
standard, the majority of firms can be considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
10. The Third R&O does not impose any additional reporting,
recordkeeping, or other compliance requirements on small entities.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
11. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
12. As explained in section D of this FRFA, above, the Third R&O
does not impose any additional reporting, recordkeeping, or other
compliance requirements on small entities. In the IRFA accompanying the
Second FNPRM, the Commission identified two measures that it was
considering that might conceivably impose significant new compliance
burdens on small entities: (1) The adoption of rules requiring that
mobile satellite systems accord priority and preemptive access to
AMS(R)S communications in additional frequency bands, including the 1.6
MHz, 2 MHz, and 5 MHz frequency bands, and (2) the adoption of rules
mandating a transition to 8.33 kHz channel spacing in the aeronautical
enroute service. In the Third R&O, however, the Commission does not
adopt either of these requirements. The Commission has determined to
defer addressing the possibility of requiring MSS licensees to accord
priority and preemptive access to AMS(R)S communications in additional
frequency bands until other matters pertaining to MSS licensees are
addressed in other proceedings. In addition, the Commission has decided
not to mandate that the aeronautical enroute service transition to 8.33
kHz channel spacing, but only to allow such a transition to 8.33 kHz
channel spacing in the aeronautical enroute (and flight test station)
service on a permissive basis. Finally, as noted, the Commission
determined in the IRFA accompanying the Second FNPRM that none of the
other rule changes under consideration would impose any new compliance
burden on any entity, and there is nothing in the record to undermine
that conclusion. In sum, none of the rule changes adopted in the Third
R&O imposes a new compliance burden on any entity.
F. Report to Congress
13. The Commission will send a copy of this Third R&O in WT Docket
No. 01-289, including the Final Regulatory Flexibility Analysis, in a
report to be sent to Congress pursuant to the Congressional Review Act.
In addition, the Commission will send a copy of the Third R&O,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the SBA. A copy of the Third R&O and the Final
Regulatory Flexibility Analysis (or summaries thereof) will also be
published in the Federal Register.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Radio.
47 CFR Part 2
Radio.
47 CFR Part 87
Air transportation, Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 2 and 87 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
2. Amend Sec. 1.948 by revising paragraph (b)(5) to read as follows:
Sec. 1.948 Assignment of authorization or transfer of control,
notification of consummation.
* * * * *
(b)(5) Licenses, permits, and authorizations for stations in the
Amateur, Ship, Commercial Operator and Personal Radio Services (except
218-219 MHz Service) may not be assigned or transferred, unless
otherwise stated.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
4. Amend Sec. 2.106, by revising page 20 of the Table of Frequency
Allocations, and by adding footnote US36 to the list of United States
(U.S.) Footnotes to read as follows.
Sec. 2.106 Table of frequency allocations.
* * * * *
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United States (U.S.) Footnotes
* * * * *
US36 In Hawaii, the bands 120.647-120.653 MHz and 127.047-127.053
MHz are also allocated to the aeronautical mobile service on a primary
basis for non-Federal aircraft air-to-air communications on 120.65 MHz
(Maui) and 127.05 MHz (Hawaii and Kauai) as specified in 47 CFR 87.187.
* * * * *
PART 87--AVIATION SERVICES
0
5. The authority citation for part 87 continues to read as follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
0
6. Amend Sec. 87.133 by revising paragraph (a) introductory text and
by adding paragraph (g) to read as follows:
Sec. 87.133 Frequency stability.
(a) Except as provided in paragraphs (c), (d), (f), and (g) of this
section, the carrier frequency of each station must be maintained
within these tolerances:
* * * * *
[[Page 17351]]
(g) Any aeronautical enroute service transmitter operating in U.S.
controlled airspace with 8.33 kHz channel spacing (except equipment
being tested by avionics equipment manufacturers and flight test
stations prior to delivery to their customers for use outside U.S.
controlled airspace) must achieve 0.0005% frequency stability when
operating in that mode.
0
7. Amend Sec. 87.137 by revising footnote 17 in paragraph (a) to read
as follows:
Sec. 87.137 Types of emission.
(a) * * *
\17\ In the band 117.975-137 MHz, the Commission will not authorize
any 8.33 kHz channel spaced transmissions or the use of their
associated emission designator within the U.S. National Airspace
System, except, on an optional basis, by Aeronautical Enroute Stations
and Flight Test Stations, or by avionics equipment manufacturers which
are required to perform installation and checkout of such radio systems
prior to delivery to their customers. For transmitters certificated to
tune to 8.33 kHz channel spacing as well as 25 kHz channel spacing, the
authorized bandwidth is 8.33 kHz when tuned to an 8.33 kHz channel.
* * * * *
Sec. 87.171 [Amended]
0
8. Amend Sec. 87.171 by removing the entry ``FAP-Civil Air Patrol.''
0
9. Amend Sec. 87.173 by removing the entry for ``72.020-75.980 MHz,''
adding entries for ``72.02-72.98 MHz'' and ``75.42-75.98 MHz,''
revising the entries for ``118.00-121.400,'' ``121.500 MHz,'' ``121.975
MHz,'' ``122.025 MHz,'' ``122.075 MHz,'' ``123.6-128.8 MHz,''
``128.825-132.000 MHz,'' ``132.025-135.975 MHz,'' ``136.500-136.875
MHz,'' and ``406.0-406.1 MHz'' in the table in paragraph (b) to read as
follows:
Sec. 87.173 Frequencies.
* * * * *
(b) Frequency table:
----------------------------------------------------------------------------------------------------------------
Frequency or frequency band Subpart Class of station Remarks
----------------------------------------------------------------------------------------------------------------
72.02-72.98 MHz...................... P...................... FA, AXO................ Operational fixed.
75.42-75.98 MHz...................... P...................... FA, AXO................ Operational fixed.
* * * * * * *
118.000-121.400 MHz.................. O, S................... MA, FAC, FAW, GCO...... 25 kHz channel spacing
RCO, RPC...............
* * * * * * *
121.500 MHz.......................... G, H, I, J, K, M, O.... MA, FAU, FAE, FAT, FAS, Emergency and distress.
FAC, FAM.
* * * * * * *
121.975 MHz.......................... F, S................... MA2, FAW, FAC, MOU..... Air traffic control
operations.
* * * * * * *
122.025 MHz.......................... F, S................... MA2, FAW, FAC, MOU..... Air traffic control
operations.
* * * * * * *
122.075 MHz.......................... F, S................... MA2, FAW, FAC, MOU..... Air traffic control
operations.
* * * * * * *
123.6-128.8 MHz...................... O, S................... MA, FAC, FAW, GCO, RCO, 25 kHz channel spacing.
RPC.
128.825-132.000...................... I...................... MA, FAE................ Domestic VHF.
132.025-135.975 MHz.................. O, S................... MA, FAC, FAW, GCO RCO 25 kHz channel spacing.
RPC.
* * * * * * *
136.500-136.875 MHz.................. I...................... MA, FAE................ Domestic VHF.
* * * * * * *
406.0-406.1 MHz...................... F, G, H, I, J, K, M, O. MA, FAU, FAE, FAT, FAS, Emergency and distress.
FAC, FAM.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
10. Amend Sec. 87.187 by revising paragraphs (cc) and (dd), and by
adding new paragraphs (gg) and (hh) to read as follows:
Sec. 87.187 Frequencies.
* * * * *
(cc) The frequency 120.650 MHz \1\ is authorized for air-to-air use
for aircraft up to and including 3 km (10,000 ft) mean sea level within
the area bounded by the following coordinates (all coordinates are
referenced to North American Datum 1983 (NAD83)):
35-59-44.9 N. Lat; 114-51-48.0 W. Long.
36-09-29.9 N. Lat; 114-50-3.0 W. Long.
36-09-29.9 N. Lat; 114-02-57.9 W. Long.
35-54-45.0 N. Lat; 113-48-47.8 W. Long.
(dd) The frequencies 136.425, 136.450, and 136.475 MHz are
designated for flight information services--broadcast (FIS-B) and may
not be used by aircraft for transmission.
* * * * *
(gg) (1) The frequency 120.650 MHz is authorized for air-to-air
communications for aircraft over and within five nautical miles of the
shoreline of the Hawaiian Island of Maui.
(2) The frequency 121.950 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Molokai.
[[Page 17352]]
(3) The frequency 122.850 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Oahu.
(4) The frequency 122.850 MHz is authorized for aircraft over and
within five nautical miles of the shoreline of the Hawaiian Island of
Hawaii when aircraft are south and east of the 215 degree radial of
very high frequency omni-directional radio range of Hilo International
Airport.
(5) The frequency 127.050 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Hawaii when aircraft are north and west of the 215
degree radial of very high frequency omni-directional radio range of
Hilo International Airport.
(6) The frequency 127.050 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the Hawaiian Island of
Kauai.
(hh) (1) The frequency 121.95 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum
1983 (NAD83)):
33-46-00 N. Lat.; 118-27-00 W. Long.
33-47-00 N. Lat.; 118-12-00 W. Long.
33-40-00 N. Lat.; 118-00-00 W. Long.
33-35-00 N. Lat.; 118-08-00 W. Long.
34-00-00 N. Lat.; 118-26-00 W. Long.
(2) The frequency 122.775 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum
1983 (NAD83)):
34-22-00 N. Lat.; 118-30-00 W. Long.
34-35-00 N. Lat.; 118-15-00 W. Long.
34-27-00 N. Lat.; 118-15-00 W. Long.
34-16-00 N. Lat.; 118-35-00 W. Long.
34-06-00 N. Lat.; 118-35-00 W. Long.
34-05-00 N. Lat.; 118-50-00 W. Long.
(3) The frequency 123.30 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum
1983 (NAD83)):
34-08-00 N. Lat.; 118-00-00 W. Long.
34-10-00 N. Lat.; 117-08-00 W. Long.
34-00-00 N. Lat.; 117-08-00 W. Long.
33-53-00 N. Lat.; 117-42-00 W. Long.
33-58-00 N. Lat.; 118-00-00 W. Long.
(4) The frequency 123.50 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum
1983 (NAD83)):
33-53-00 N. Lat.; 117-37-00 W. Long.
34-00-00 N. Lat.; 117-15-00 W. Long.
34-00-00 N. Lat.; 117-07-00 W. Long.
33-28-00 N. Lat.; 116-55-00 W. Long.
33-27-00 N. Lat.; 117-12-00 W. Long.
(5) The frequency 123.50 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum
1983 (NAD83)):
33-50-00 N. Lat.; 117-48-00 W. Long.
33-51-00 N. Lat.; 117-41-00 W. Long.
33-38-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-49-00 W. Long.
0
11. Amend Sec. 87.195 by revising the section heading, and by adding
introductory text to read as follows:
Sec. 87.195 Prohibition of 121.5 MHz ELTs.
The manufacture, importation, sale or use of 121.5 MHz ELTs is
prohibited.
* * * * *
0
12. Amend Sec. 87.199 by revising paragraph (a) to read as follows:
Sec. 87.199 Special requirements for 406.0-406.1 MHz ELTs.
(a) 406.0-406.1 ELTs use G1D emission. Except for the spurious
emission limits specified in Sec. 87.139(h), 406.0-406.1 MHz ELTs must
meet all the technical and performance standards contained in the Radio
Technical Commission for Aeronautics document titled ``Minimum
Operational Performance Standards 406 MHz Emergency Locator
Transmitters (ELT)'' Document No. RTCA/DO-204 dated September 29, 1989.
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of this standard can be inspected at the Federal Communications
Commission, 445 12th Street, SW., Washington, DC (Reference Information
Center) or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the RTCA
standards also may be obtained from the Radio Technical Commission of
Aeronautics, One McPherson Square, 1425 K Street, NW., Washington, DC
20005.
* * * * *
0
13. Amend Sec. 87.215 by revising paragraphs (b) and (f) to read as
follows:
Sec. 87.215 Supplemental eligibility.
* * * * *
(b) Only one unicom will be authorized to operate at an airport
which does not have a control tower, RCO or FAA flight service station
that operates on the published common traffic advisory frequency. At
any other airport, the one unicom limitation does not apply, and the
airport operator and all aviation services organizations may be
licensed to operate a unicom on the assigned frequency.
* * * * *
(f) At an airport where only one unicom may be licensed, when the
Commission believes that the unicom has been abandoned or has ceased
operation, another unicom may be licensed on an interim basis pending
final determination of the status of the original unicom. An applicant
for an interim license must notify the present licensee and must comply
with the notice requirements of paragraph (g) of this section.
* * * * *
0
14. Amend Sec. 87.263 by revising paragraphs (a)(1) and (c) to read as
follows:
Sec. 87.263 Frequencies.
(a) * * *
(1) Frequencies in the 128.8125-132.125 MHz and 136.4875-137.00 MHz
bands are available to serve domestic routes, except that the frequency
136.750 MHz is available only to aeronautical enroute stations located
at least 288 kilometers (180 miles) from the Gulf of Mexico shoreline
(outside the Gulf of Mexico region). The frequencies 136.900 MHz,
136.925 MHz, 136.950 MHz and 136.975 MHz are available to serve
domestic and international routes. Frequency assignments may be based
on either 8.33 kHz or 25 kHz spacing. Use of these frequencies must be
compatible with existing operations and must be in accordance with
pertinent international treaties and agreements.
* * * * *
(c) International VHF service. Frequencies in the 128.825-132.000
and 136.000-137.000 MHz bands are available to enroute stations serving
international flight operations. Frequency assignments are based on
either 8.33 kHz or 25 kHz channel spacing. Proposed operations must be
compatible with existing operations in the band.
* * * * *
0
15. In 87.303, revise paragraph (b) and add a new paragraph (f) to read
as follows:
[[Page 17353]]
Sec. 87.303 Frequencies.
* * * * *
(b) These additional frequencies are available for assignment only
to flight test stations of aircraft manufacturers:
------------------------------------------------------------------------
MHz MHz MHz MHz
------------------------------------------------------------------------
123.125 \2\ 123.275 \3\ 123.425 \3\ 123.550 \3\
123.150 \2\ 123.325 \3\ 123.475 \3\ 123.575 \2\
123.250 \3\ 123.350 \3\ 123.525 \3\
------------------------------------------------------------------------
\1\ When R3E, H3E or J3E emission is used, the assigned frequency will
be 3282.4 kHz (3281.0 kHz carrier frequency).
\2\ This frequency is available only to itinerant stations that have a
requirement to be periodically transferred to various locations.
\3\ Mobile station operations on these frequencies are limited to an
area within 320 km (200 mi) of an associated flight test land station.
* * * * *
(f) Frequency assignments for Flight Test VHF Stations may be based
on either 8.33 kHz or 25 kHz spacing. Assignable frequencies include
the interstitial frequencies 8.33 kHz from the VHF frequencies listed
in paragraphs (a) and (b) of this section. Each 8.33 kHz interstitial
frequency is subject to the same eligibility criteria and limitations
as the nearest frequency listed in paragraphs (a) and (b) of this
section.
[FR Doc. 2011-4003 Filed 3-28-11; 8:45 am]
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