Private Land Mobile Radio Service Regulations, 27296-27300 [2011-11136]

Download as PDF 27296 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules emcdonald on DSK2BSOYB1PROD with PROPOSALS chemical substance be revoked pursuant to § 721.185(a)(4). CFR citation: 40 CFR 721.6078. B. What is the agency’s authority for taking this action? Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a ‘‘significant new use.’’ EPA must make this determination by rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use. The mechanism for reporting under this requirement is established under § 721.5. Upon conclusion of the review for P– 95–1950, based on the concern criteria in § 721.170(b)(4)(ii) discussed in Unit II.A., EPA determined that there was a concern for potential environmental effects of the substance at a concentration as low as 30 ppb of the PMN substance in surface waters and promulgated a non-5(e) SNUR for this chemical substance. Under § 721.185, EPA may at any time revoke a SNUR for a chemical substance which has been added to subpart E of 40 CFR part 721 if EPA makes one of the determinations set forth in § 721.185(a)(1) through (a)(6). Revocation may occur on EPA’s initiative or in response to a written request. Under § 721.185(b)(3), if EPA concludes that a SNUR should be revoked, the Agency will propose the changes in the Federal Register, briefly describe the grounds for the action, and provide interested parties an opportunity to comment. EPA has determined that the criteria set forth in § 721.185(a)(4) have been satisfied for the chemical substance; therefore, EPA is proposing to revoke the SNUR for this chemical substance. The significant new use notification and the recordkeeping requirements at 40 CFR 721.6078 would terminate if and when this proposed revocation becomes effective. In addition, export notification under TSCA section 12(b) and 40 CFR part 707, subpart D triggered by the SNUR would no longer be required. III. Statutory and Executive Order Reviews This proposed rule would revoke or eliminate an existing regulatory requirement and does not contain any new or amended requirements. As such, the Agency has determined that this VerDate Mar<15>2010 16:26 May 10, 2011 Jkt 223001 proposed SNUR revocation would not have any adverse impacts, economic or otherwise. The Office of Management and Budget (OMB) has exempted these types of regulatory actions from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). This proposed rule does not contain any information collections subject to approval under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et seq.). Since this proposed rule eliminates a reporting requirement, the Agency certifies pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this SNUR revocation would not have a significant economic impact on a substantial number of small entities. For the same reasons, this action does not require any action under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). This proposed rule has neither Federalism implications, because it would not have substantial direct effects on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999), nor Tribal implications, because it would not have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, as specified in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000). This action is not subject to Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined under Executive Order 12866, and it does not address environmental health or safety risks disproportionately affecting children. It is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. Because this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104– 113, section 12(d) (15 U.S.C. 272 note), does not apply to this action. This PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 action does not involve special considerations of environmental justice related issues as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: April 29, 2011. Wendy C. Hamnett, Director, Office of Pollution Prevention and Toxics. Therefore, it is proposed that 40 CFR part 721 be amended as follows: PART 721—[AMENDED] 1. The authority citation for part 721 continues to read as follows: Authority: 15 U.S.C. 2604, 2607, and 2625(c). § 721.6078 [Removed] 2. Remove § 721.6078. [FR Doc. 2011–11208 Filed 5–10–11; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WT Docket No. 11–69, ET Docket No. 09– 234; FCC 11–63] Private Land Mobile Radio Service Regulations Federal Communications Commission. ACTION: Proposed rule. AGENCY: This document proposes to modify our rules to permit the implementation of Terrestrial Trunked Radio (TETRA) technology in the United States. We also seek comment on our proposed technical rules that would enable digital technologies like TETRA to operate without causing interference to existing systems, and on how the deployment of TETRA technology may affect public safety interoperability. Comments on these proposed rule changes will aid the Commission in determining whether or not it is in the public interest to make TETRA technology available to private wireless users, especially those that must comply with the upcoming narrowbanding requirements. DATES: Submit comments on or before June 27, 2011 and reply comments are due on or before August 9, 2011. SUMMARY: E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules You may submit comments, identified by WT Docket No. 11–69 and ET Docket No. 09–234; FCC 11–63, 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. • People With Disabilities: Contact the FCC 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: Tim Maguire, Mobility Division, Wireless Telecommunications Bureau, (202) 418– 2155. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rulemaking and Order (‘‘NPRM’’) in WT Docket No. 11–69 and ET Docket No. 09–234, FCC 11–63, adopted April 18, 2011, and released April 26, 2011. 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, 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). ADDRESSES: emcdonald on DSK2BSOYB1PROD with PROPOSALS I. Procedural Matters A. Ex Parte Rules-Permit-But-Disclose Proceeding 1. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission’s Rules. B. Comment Dates 2. 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. Comments may VerDate Mar<15>2010 16:26 May 10, 2011 Jkt 223001 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). • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https:// fjallfoss.fcc.gov/ecfs2/or the Federal eRulemaking Portal: https:// www.regulations.gov. • 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. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered 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 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. • 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. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington DC 20554. People With Disabilities: 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). C. Paperwork Reduction Act 3. This NPRM does not contain any proposed information collection(s) subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, it does not 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). PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 27297 II. Initial Regulatory Flexibility Analysis 4. As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed and set forth in Appendix B. We request written public comments on this IRFA which must be filed in accordance with the same filing deadlines as the comments on the rest of the NPRM. The Commission shall send a copy of this NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. In addition, a copy of this NPRM and IRFA (or summaries thereof) will also be published in the Federal Register. 5. The proposed rules in the NPRM are intended to permit the implementation in the United States of land mobile radio equipment utilizing Terrestrial Trunked Radio (TETRA) technology. TETRA is a spectrally efficient digital technology that we believe can provide valuable benefits to land mobile radio users. A. Legal Basis 6. Authority for issuance of this item is contained in Sections 4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 403. B. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 7. Pursuant to 5 U.S.C. 603(b)(3), 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 proposed rules, if adopted. The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ Id. In addition, according to 5 U.S.C. 601(3), 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 that: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA at 5 U.S.C. 632. Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ‘‘unless an agency after consultation with the Office of Advocacy of the SBA, and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes E:\FR\FM\11MYP1.SGM 11MYP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 27298 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules such definition(s) in the Federal Register.’’ Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the rules changes proposed in this NPRM. 8. Private Land Mobile Radio Licensees. PLMR systems serve an essential role in a range of industrial, business, land transportation, and public safety activities. These radios are used by companies of all sizes operating in all U.S. business categories, and are often used in support of the licensee’s primary (non-telecommunications) business operations. For the purpose of determining whether a licensee of a PLMR system is a small business as defined by the SBA, we use the broad census category, Wireless Telecommunications Carriers (except Satellite). This definition provides that a small entity is any such entity employing no more than 1,500 persons. See 13 CFR 121.201, NAICS code 517210. The Commission does not require PLMR licensees to disclose information about number of employees, so the Commission does not have information that could be used to determine how many PLMR licensees constitute small entities under this definition. We note that PLMR licensees generally use the licensed facilities in support of other business activities, and therefore, it would also be helpful to assess PLMR licensees under the standards applied to the particular industry subsector to which the licensee belongs. See generally 13 CFR 121.201. 9. As of March 2010, there were 424,162 PLMR licensees operating 921,909 transmitters in the PLMR bands below 512 MHz. We note that any entity engaged in a commercial activity is eligible to hold a PLMR license, and that any revised rules in this context could therefore potentially impact small entities covering a great variety of industries. 10. RF 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.’’ See U.S. Census Bureau, 2002 NAICS Definitions, ‘‘334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing’’; https://www.census.gov/ VerDate Mar<15>2010 16:26 May 10, 2011 Jkt 223001 epcd/naics02/def/ NDEF334.HTM#N3342. The SBA small business size standard for Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing is all such firms having 750 or fewer employees. See 13 CFR 121.201, NAICS code 334220. According to Census Bureau data for 2002, there were a total of 1,041 establishments in this category that operated for the entire year. See U.S. Census Bureau, American FactFinder, 2002 Economic Census, Industry Series, Industry Statistics by Employment Size, NAICS code 334220 (released May 26, 2005); https://factfinder.census.gov. The number of ‘‘establishments’’ is a less helpful indicator of small business prevalence in this context than would be the number of ‘‘firms’’ or ‘‘companies,’’ because the latter take into account the concept of common ownership or control. Any single physical location for an entity is an establishment, even though that location may be owned by a different establishment. Thus, the numbers given may reflect inflated numbers of businesses in this category, including the numbers of small businesses. In this category, the Census breaks-out data for firms or companies only to give the total number of such entities for 2002, which were 929. Of this total, 1,010 had employment of fewer than 500, and an additional 13 had employment of 500 to 999. An additional 18 establishments had employment of 1,000 or more. Thus, under this size standard, the majority of firms can be considered small. C. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities coverage of the rule, or any part thereof, for small entities.1 13. We hereby invite interested parties to address any or all of these regulatory alternatives and to suggest additional alternatives to minimize any significant economic impact on small entities. Any significant alternative presented in the comments will be considered. E. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 14. None. III. Ordering Clauses 15. Pursuant to sections 1, 4(i), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f), 303(g), and 303(r), this Notice of Proposed Rule Making is adopted. 16. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rule Making, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 17. Pursuant to sections 4(i), 302, and 303(e), of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302, and 303(e), and § 1.925 of the Commission’s rules, 47 CFR 1.925, the Request for Waiver filed by the TETRA Association on November 20, 2009, is granted in part and denied in part to the extent set forth above. This action is effective upon release of this Order. List of Subjects in 47 CFR Part 90 Communications equipment, Private land mobile, Radio. 11. There are no projected reporting, recordkeeping or other compliance requirements. Federal Communications Commission. Bulah P. Wheeler, Deputy Manager. D. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 90 as follows: 12. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives: (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 or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 PART 90—PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). 2. Section 90.209 is amended in the table in paragraph (b)(5) by adding footnote 6 to read as follows: 15 U.S.C. 603(c)(1)–(4). E:\FR\FM\11MYP1.SGM 11MYP1 27299 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules § 90.209 * Bandwidth limitations. * * * (b) * * * (5) * * * * STANDARD CHANNEL SPACING/BANDWIDTH Channel spacing (kHz) Frequency band (MHz) * * * * * 406–512 2 ................................................................................................................................................. 806–809/851–854 .................................................................................................................................... 809–824/854–869 .................................................................................................................................... * * * * * 1 6.25 1 3 6 20/11.25/6 6 20 12.5 25 * * * * * 929–930 ................................................................................................................................................... * Authorized bandwidth (kHz) 6 20 * 25 * * * * 6 20 1 For stations authorized on or after August 18, 1995. 2 Bandwidths for radiolocation stations in the 420–450 MHz band and for stations operating in bands subject to this footnote will be reviewed and authorized on a case-by-case basis. 3 Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless the operations meet the efficiency standard of § 90.203(j)(3). * * * * * 6 Operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22 kHz bandwidth if the equipment meets the Adjacent Channel Power limits of § 90.221. * * * * * 3. Section 90.210 is amended by adding footnote 5 to the table to read as follows: § 90.210 * Emission masks. * * * * APPLICABLE EMISSION MASKS Frequency band (MHz) Mask for equipment with audio low pass filter * * * * * 421–512 2, 5 ...................................................................................................................................... * B, D, or E .................. C, D, or E. * * * * * 809–824/854–869 3, 5 ....................................................................................................................... * B ................................ G. * * * * * Mask for equipment without audio low pass filter * * * * * * * * * 2 Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet the requirements of Emission Mask E. 3 Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of § 90.691. * * * * * 5 Equipment in the 450–470 MHz and 817–824/862–869 MHz bands may alternatively meet the Adjacent Channel Power Limits of § 90.221. * * * * * 4. Section 90.221 is added to subpart I to read as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS § 90.221 (b)(1) Maximum adjacent power levels for frequencies below 700 MHz: Adjacent channel power limits. (a) For the frequency bands indicated in 90.209, operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22 kHz bandwidth if the equipment meets the adjacent channel power (ACP) limits below. The table specifies a value for the ACP as a function of the displacement from the channel center frequency and a measurement bandwidth of 25 kHz. VerDate Mar<15>2010 16:26 May 10, 2011 Jkt 223001 Frequency offset Maximum ACP (dBc) for devices 1 watt and less Maximum ACP (dBc) for devices above 1 watt 25 kHz ..... 50 kHz ..... 75 kHz ..... ¥55 dBc ........ ¥70 dBc ........ ¥70 dBc ........ ¥60 dBc. ¥70 dBc. ¥70 dBc. (2) In any case, no requirement in excess of ¥36 dBm shall apply. (c)(1) Maximum adjacent power levels for frequencies above 700 MHz: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Frequency offset Maximum ACP (dBc) for devices less than 15 watts Maximum ACP (dBc) for devices 15 watts and above 25 kHz ..... 50 kHz ..... 75 kHz ..... ¥55 dBc ........ ¥65 dBc ........ ¥65 dBc ........ ¥55 dBc. ¥65 dBc. ¥70 dBc. (2) In any case, no requirement in excess of ¥36 dBm shall apply. (d) On any frequency removed from the assigned frequency by more than 75 E:\FR\FM\11MYP1.SGM 11MYP1 27300 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules kHz, the attenuation of any emission must be at least 43 + 10 log (P) dB. [FR Doc. 2011–11136 Filed 5–10–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 177 [Docket Number PHMSA–2007–28119 (HM– 247)] RIN 2137–AE37 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: On March 11, 2011, PHMSA published a notice of proposed rulemaking (NPRM) seeking public comment on a proposal to amend the HMR requirements for cargo tank loading or unloading operations. PHMSA is notifying the public of our intent to extend the comment period by 30 days for a notice of proposed rulemaking published on March 11, 2011. SUMMARY: The comment period for the NPRM closing on May 10, 2011, is extended until June 9, 2011. To the extent possible, PHMSA will consider late-filed comments during the next stage of the rulemaking process. ADDRESSES: You may submit comments identified by the docket number (PHMSA–2007–28119) by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. emcdonald on DSK2BSOYB1PROD with PROPOSALS DATES: VerDate Mar<15>2010 16:26 May 10, 2011 Jkt 223001 • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: All submissions must include the agency name and docket number for this notice at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided. Docket: For access to the dockets to read background documents or comments received, go to https:// www.regulations.gov, or DOT’s Docket Operations Office (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub or Dirk Der Kinderen, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, telephone (202) 366– 8553. SUPPLEMENTARY INFORMATION: Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit https:// www.regulations.gov. I. Background On March 11, 2011, PHMSA published an NPRM (HM–247; 76 FR 13313) seeking public comment on a proposal to amend the HMR requirements for cargo tank loading or PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 unloading operations. Specifically, the NPRM amendments included requirements to: • Assess the risks of loading and unloading operations and develop written operating procedures based on the risk assessment; • Train hazmat employees in the relevant aspects of the operational procedures; • Qualify annually hazmat employees who perform loading and unloading operations; • Develop and implement a periodic maintenance schedule for equipment and conduct periodic operational tests of equipment; and • Ensure that the equipment meets the performance standards. In the NPRM, we invited comment on a number of provisions as well as comment on the methodology used to develop the regulatory evaluation supporting the NPRM. See the March 11, 2011 NPRM for a complete discussion of the proposals and requests for comment and information. II. Comment Period Extension Given the abundance of requests for comment and data contained in this NPRM as well as our consideration of a number of other proposed rulemakings concurrently impacting interested parties affected by the cargo tank motor vehicle proposals in this notice, we are providing affected entities as well as the general public an additional 30 days to allow for thorough review, analysis, and response to the NPRM. Thus, the comment period for the HM–247 NPRM is extended from May 10, 2011 until June 9, 2011. Issued in Washington, DC, on May 5, 2011 under authority delegated in 49 CFR part 106. Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety. [FR Doc. 2011–11494 Filed 5–10–11; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\11MYP1.SGM 11MYP1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Pages 27296-27300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11136]

=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 11-69, ET Docket No. 09-234; FCC 11-63]

Private Land Mobile Radio Service Regulations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to modify our rules to permit the
implementation of Terrestrial Trunked Radio (TETRA) technology in the
United States. We also seek comment on our proposed technical rules
that would enable digital technologies like TETRA to operate without
causing interference to existing systems, and on how the deployment of
TETRA technology may affect public safety interoperability. Comments on
these proposed rule changes will aid the Commission in determining
whether or not it is in the public interest to make TETRA technology
available to private wireless users, especially those that must comply
with the upcoming narrowbanding requirements.

DATES: Submit comments on or before June 27, 2011 and reply comments
are due on or before August 9, 2011.

[[Page 27297]]

ADDRESSES: You may submit comments, identified by WT Docket No. 11-69
and ET Docket No. 09-234; FCC 11-63, 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.
People With Disabilities: Contact the FCC 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: Tim Maguire, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-2155.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking and Order (``NPRM'') in WT Docket No. 11-69 and
ET Docket No. 09-234, FCC 11-63, adopted April 18, 2011, and released
April 26, 2011. 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,
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).

I. Procedural Matters

A. Ex Parte Rules-Permit-But-Disclose Proceeding

1. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's Rules.

B. Comment Dates

2. 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. 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).

Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/or the Federal eRulemaking Portal: https://www.regulations.gov.
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. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
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
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.
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.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
People With Disabilities: 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).

C. Paperwork Reduction Act

3. This NPRM does not contain any proposed information
collection(s) subject to the Paperwork Reduction Act of 1995, Public
Law 104-13. In addition, it does not 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).

II. Initial Regulatory Flexibility Analysis

4. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed and set forth in Appendix
B. We request written public comments on this IRFA which must be filed
in accordance with the same filing deadlines as the comments on the
rest of the NPRM. The Commission shall send a copy of this NPRM,
including the IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration. In addition, a copy of this NPRM and IRFA (or
summaries thereof) will also be published in the Federal Register.
5. The proposed rules in the NPRM are intended to permit the
implementation in the United States of land mobile radio equipment
utilizing Terrestrial Trunked Radio (TETRA) technology. TETRA is a
spectrally efficient digital technology that we believe can provide
valuable benefits to land mobile radio users.

A. Legal Basis

6. Authority for issuance of this item is contained in Sections
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 303(r), and 403.

B. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply

7. Pursuant to 5 U.S.C. 603(b)(3), 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 proposed rules, if
adopted. The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' Id. In
addition, according to 5 U.S.C. 601(3), 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 that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA at 5 U.S.C. 632. Pursuant to 5 U.S.C. 601(3), the statutory
definition of a small business applies ``unless an agency after
consultation with the Office of Advocacy of the SBA, and after
opportunity for public comment, establishes one or more definitions of
such term which are appropriate to the activities of the agency and
publishes

[[Page 27298]]

such definition(s) in the Federal Register.'' Below, we further
describe and estimate the number of small entity licensees and
regulatees that may be affected by the rules changes proposed in this
NPRM.
8. Private Land Mobile Radio Licensees. PLMR systems serve an
essential role in a range of industrial, business, land transportation,
and public safety activities. These radios are used by companies of all
sizes operating in all U.S. business categories, and are often used in
support of the licensee's primary (non-telecommunications) business
operations. For the purpose of determining whether a licensee of a PLMR
system is a small business as defined by the SBA, we use the broad
census category, Wireless Telecommunications Carriers (except
Satellite). This definition provides that a small entity is any such
entity employing no more than 1,500 persons. See 13 CFR 121.201, NAICS
code 517210. The Commission does not require PLMR licensees to disclose
information about number of employees, so the Commission does not have
information that could be used to determine how many PLMR licensees
constitute small entities under this definition. We note that PLMR
licensees generally use the licensed facilities in support of other
business activities, and therefore, it would also be helpful to assess
PLMR licensees under the standards applied to the particular industry
subsector to which the licensee belongs. See generally 13 CFR 121.201.
9. As of March 2010, there were 424,162 PLMR licensees operating
921,909 transmitters in the PLMR bands below 512 MHz. We note that any
entity engaged in a commercial activity is eligible to hold a PLMR
license, and that any revised rules in this context could therefore
potentially impact small entities covering a great variety of
industries.
10. RF 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.'' See U.S. Census Bureau, 2002 NAICS
Definitions, ``334220 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing''; https://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342. The SBA small business size standard for
Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing is all such firms having 750 or fewer employees. See 13
CFR 121.201, NAICS code 334220. According to Census Bureau data for
2002, there were a total of 1,041 establishments in this category that
operated for the entire year. See U.S. Census Bureau, American
FactFinder, 2002 Economic Census, Industry Series, Industry Statistics
by Employment Size, NAICS code 334220 (released May 26, 2005); https://factfinder.census.gov. The number of ``establishments'' is a less
helpful indicator of small business prevalence in this context than
would be the number of ``firms'' or ``companies,'' because the latter
take into account the concept of common ownership or control. Any
single physical location for an entity is an establishment, even though
that location may be owned by a different establishment. Thus, the
numbers given may reflect inflated numbers of businesses in this
category, including the numbers of small businesses. In this category,
the Census breaks-out data for firms or companies only to give the
total number of such entities for 2002, which were 929. Of this total,
1,010 had employment of fewer than 500, and an additional 13 had
employment of 500 to 999. An additional 18 establishments had
employment of 1,000 or more. Thus, under this size standard, the
majority of firms can be considered small.

C. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities

11. There are no projected reporting, recordkeeping or other
compliance requirements.

D. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered

12. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (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 or reporting requirements under the rule for 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 small
entities.\1\
---------------------------------------------------------------------------

\1\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------

13. We hereby invite interested parties to address any or all of
these regulatory alternatives and to suggest additional alternatives to
minimize any significant economic impact on small entities. Any
significant alternative presented in the comments will be considered.

E. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules

14. None.

III. Ordering Clauses

15. Pursuant to sections 1, 4(i), 303(f), 303(g), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f),
303(g), and 303(r), this Notice of Proposed Rule Making is adopted.
16. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rule Making, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
17. Pursuant to sections 4(i), 302, and 303(e), of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302, and
303(e), and Sec. 1.925 of the Commission's rules, 47 CFR 1.925, the
Request for Waiver filed by the TETRA Association on November 20, 2009,
is granted in part and denied in part to the extent set forth above.
This action is effective upon release of this Order.

List of Subjects in 47 CFR Part 90

Communications equipment, Private land mobile, Radio.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.

For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

1. The authority citation for part 90 continues to read as follows:

Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).

2. Section 90.209 is amended in the table in paragraph (b)(5) by
adding footnote 6 to read as follows:

[[Page 27299]]

Sec. 90.209 Bandwidth limitations.

* * * * *
(b) * * *
(5) * * *

Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
Channel
Frequency band (MHz) spacing Authorized bandwidth
(kHz) (kHz)
------------------------------------------------------------------------

* * * * * * *
406-512 \2\..................... \1\ 6.25 \1\ \3\ \6\ 20/11.25/6
806-809/851-854................. 12.5 \6\ 20
809-824/854-869................. 25 \6\ 20

* * * * * * *
929-930......................... 25 \6\ 20

* * * * * * *
------------------------------------------------------------------------
\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and
for stations operating in bands subject to this footnote will be
reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel
bandwidth will be authorized a 20 kHz bandwidth. Operations using
equipment designed to operate with a 12.5 kHz channel bandwidth will
be authorized a 11.25 kHz bandwidth. Operations using equipment
designed to operate with a 6.25 kHz channel bandwidth will be
authorized a 6 kHz bandwidth. All stations must operate on channels
with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless
the operations meet the efficiency standard of Sec. 90.203(j)(3).
* * * * *
\6\ Operations using equipment designed to operate with a 25 kHz channel
bandwidth may be authorized up to a 22 kHz bandwidth if the equipment
meets the Adjacent Channel Power limits of Sec. 90.221.
* * * * *

3. Section 90.210 is amended by adding footnote 5 to the table to
read as follows:

Sec. 90.210 Emission masks.

* * * * *

Applicable Emission Masks
----------------------------------------------------------------------------------------------------------------
Mask for equipment with audio low Mask for equipment without audio
Frequency band (MHz) pass filter low pass filter
----------------------------------------------------------------------------------------------------------------

* * * * * * *
421-512 \2, 5\........................ B, D, or E......................... C, D, or E.

* * * * * * *
809-824/854-869 \3, 5\................ B.................................. G.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B
or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the
requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet
the requirements of Emission Mask E.
\3\ Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of
Sec. 90.691.
* * * * *
\5\ Equipment in the 450-470 MHz and 817-824/862-869 MHz bands may alternatively meet the Adjacent Channel Power
Limits of Sec. 90.221.
* * * * *

4. Section 90.221 is added to subpart I to read as follows:

Sec. 90.221 Adjacent channel power limits.

(a) For the frequency bands indicated in 90.209, operations using
equipment designed to operate with a 25 kHz channel bandwidth may be
authorized up to a 22 kHz bandwidth if the equipment meets the adjacent
channel power (ACP) limits below. The table specifies a value for the
ACP as a function of the displacement from the channel center frequency
and a measurement bandwidth of 25 kHz.
(b)(1) Maximum adjacent power levels for frequencies below 700 MHz:

------------------------------------------------------------------------
Maximum ACP (dBc) for Maximum ACP (dBc) for
Frequency offset devices 1 watt and less devices above 1 watt
------------------------------------------------------------------------
25 kHz................ -55 dBc................ -60 dBc.
50 kHz................ -70 dBc................ -70 dBc.
75 kHz................ -70 dBc................ -70 dBc.
------------------------------------------------------------------------

(2) In any case, no requirement in excess of -36 dBm shall apply.
(c)(1) Maximum adjacent power levels for frequencies above 700 MHz:

------------------------------------------------------------------------
Maximum ACP (dBc) for Maximum ACP (dBc) for
Frequency offset devices less than 15 devices 15 watts and
watts above
------------------------------------------------------------------------
25 kHz................ -55 dBc................ -55 dBc.
50 kHz................ -65 dBc................ -65 dBc.
75 kHz................ -65 dBc................ -70 dBc.
------------------------------------------------------------------------

(2) In any case, no requirement in excess of -36 dBm shall apply.
(d) On any frequency removed from the assigned frequency by more
than 75

[[Page 27300]]

kHz, the attenuation of any emission must be at least 43 + 10 log (P)
dB.

[FR Doc. 2011-11136 Filed 5-10-11; 8:45 am]
BILLING CODE 6712-01-P

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