Travelers' Information Stations, 50370-50372 [2013-19995]
Download as PDF
50370
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules
II. What action is EPA taking?
III. Statutory and Executive Order Reviews.
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
II. What action is EPA taking?
On February 6, 2013, EPA proposed to
approve revisions to Part 1, Definitions;
Part 2, Air Use Approval; and Part 19,
New Source Review for Sources
Impacting Nonattainment Areas, into
the State of Michigan’s SIP (78 FR
8485). With this notice, EPA is
withdrawing our proposed action to
approve the revisions to Michigan Part
2, Air Use Approval, into the Michigan
SIP. The proposed approval of the
Michigan Part 1 and Part 19 rules
remains as proposed in the February 6,
2013, rulemaking action.
EPA is also proposing to rescind
Michigan rule 336.1220 from the
Michigan SIP. On March 6, 2013,
Michigan submitted a letter to EPA
regarding their March 24, 2009,
submittal and its request to rescind rule
336.1220. This rule contains Michigan’s
current permitting rule for major
sources of air pollution located in
nonattainment areas. This rule is being
rescinded and replaced with Part 19
which contains rules reflecting current
Federal permitting requirements for
major sources of air pollution in
nonattainment areas. The new rules
reflect all recent changes to Federal
nonattainment area New Source Review
rules that were promulgated by EPA. On
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December 31, 2002, EPA published
revisions to the Federal Prevention of
Significant Deterioration and
nonattainment area New Source Review
regulations in 40 CFR Parts 51 and 52
(67 FR 80186). These revisions are
commonly referred to as ‘‘NSR Reform’’
regulations and became effective on
March 3, 2003. EPA is now soliciting
comments on the proposed rescission of
rule 336.1220 from the Michigan SIP.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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, as
appropriate, disproportionate human
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health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 7, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–20157 Filed 8–16–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[PS Docket No. 09–19; RM–11514; RM–
11531; FCC 13–98]
Travelers’ Information Stations
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this Further Notice of
Proposed Rulemaking, the Commission
proposes an amendment to part 90 of
the Commission’s rules pertaining to
public safety Travelers’ Information
Stations (TIS), which Public Safety
Pool-eligible entities operate to transmit
noncommercial, travel-related
information over AM band frequencies
to motorists on a localized basis. The
Commission proposes to delete the
portion of the Commission’s rules
which require the filtering of TIS audio
frequencies above 3 kHz.
DATES: Submit comments on or before
September 18, 2013. Submit reply
comments October 3, 2013.
ADDRESSES: You may submit comments,
identified by PS Docket No. 09–19; RM–
11514; RM–11531, 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://
SUMMARY:
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pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554. 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.
• Hand or Messenger Delivery: 445
12th St. SW., Room TW–A325,
Washington, DC 20554.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments, additional
information on the rulemaking process,
and where to find materials available for
inspection, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Thomas Eng, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554, at
(202) 418–0019, TTY (202) 418–7233, or
via email at Thomas.Eng@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking in PS
Docket No. 09–19; RM–11514; RM–
11531; adopted July 18, 2013 and
released on July 23, 2013. The complete
text of this document is available for
inspection and copying during normal
business hours in 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
Commission’s duplicating contractor,
Best Copy and Printing, Inc., in person
at 445 12th Street SW., Room CY–B402,
Washington, DC 20554, via telephone at
(202) 488–5300, via facsimile at (202)
488–5563, or via email at FCC@
BCPIWEB.com. Alternative formats
(computer diskette, large print, audio
cassette, and Braille) are available to
persons with disabilities or by sending
an email to FCC504@fcc.gov or calling
the Consumer and Governmental Affairs
Bureau at (202) 418–0530, TTY (202)
418–0432. This document is also
available on the Commission’s Web site
at https://www.fcc.gov.
Comments
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
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15:01 Aug 16, 2013
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comments and reply comments.
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 (May 1, 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 8:00 a.m. to 7:00 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.
I. Introduction
Currently, the Commission authorizes
Public Safety Pool-eligible entities to
use Travelers’ Information Stations (TIS)
to transmit noncommercial, travelrelated information over AM band
frequencies to motorists on a localized
basis. In this proceeding, we address the
scope of permissible operations under
our TIS rules in response to petitions
filed by Highway Information Systems
(HIS), the American Association of
Information Radio Operators (AAIRO),
and the American Association of State
Highway and Transportation Officials
(AASHTO). The Commission invited
comment on the issues raised in these
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50371
three petitions in a Notice of Proposed
Rulemaking (NPRM) adopted in 2010.
In this Further Notice of Proposed
Rulemaking (Further Notice), we
propose to delete § 90.242(b)(8) of the
Commission’s rules, which requires the
filtering of TIS audio frequencies above
3 kHz. The record indicates that the
filtering requirement significantly
decreases the audibility of TIS
broadcasts while adding little to the
interference protection of commercial
broadcasters. However, because the
Commission did not specifically address
the filtering issue in the initial Notice of
Proposed Rulemaking in this docket, we
request comment on this proposed rule
change.
II. Further Notice of Proposed
Rulemaking
Although the NPRM did not raise the
issue, numerous commenters argue for
removal of the filtering provision of
§ 90.242(b)(8), which requires the
filtering of TIS audio frequencies above
3 kHz. Commenters contend that the
required filtering decreases the
audibility of TIS broadcasts in general,
and especially at night and over difficult
terrain. Burden suggests this restriction
could be removed with little or no
increased interference with adjacent
channel broadcasters. No commenter
has opposed such removal.
Accordingly, we propose to remove
this requirement from the rules. Because
this particular issue was not previously
proposed in the NPRM but rather was
introduced by commenters in the
record, we seek comment in this Further
Notice of Proposed Rulemaking in order
to establish a record and consider any
issues that may not have been raised in
docket prior to this time. Accordingly,
we ask whether there is any reason this
restriction should not be removed. Is
there a potential for increased
interference with broadcasters? If not,
are there any other reasons why we
should not remove the filtering
restriction? We ask that all comments
for or against the lifting of this
restriction provide empirical evidence
for the position taken.
III. Procedural Matters
Ex Parte Presentations
This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
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50372
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with
§ 1.1206(b). In proceedings governed by
§ 1.49(f) or for which the Commission
has made available a method of
electronic filing, written ex parte
presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, see 5 U.S.C. 603,
the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities of the policies
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15:01 Aug 16, 2013
Jkt 229001
and rules addressed in this document.
The IRFA is set forth in Appendix E of
the Report and Order and Further
Notice of Proposed Rulemaking. Written
public comments are requested on the
IRFA. These comments must be filed in
accordance with the same filing
deadlines as comments filed in response
to this Further Notice of Proposed
Rulemaking as set forth herein, and they
should have a separate and distinct
heading designating them as responses
to the IRFA. The Commission’s
Consumer and Governmental Affairs
Bureau, Reference Information Center,
will send a copy of the Report and
Order and Further Notice of Proposed
Rulemaking, including this IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration (SBA). See 5
U.S.C. 603(a).
Information Center, shall send a copy of
this Report and Order and Further
Notice of Proposed Rulemaking,
including the Initial and Final
Regulatory Flexibility Analyses, to the
Chief Counsel for Advocacy of the Small
Business Administration.
It is further ordered that pursuant to
applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
rules, 47 CFR 1.415, 1.419, interested
parties may file comments on this
Further Notice of Proposed Rulemaking
on or before 30 days after publication in
the Federal Register, and interested
parties may file reply comments on or
before 45 days after publication in the
Federal Register.
Paperwork Reduction Act Analysis
This Further Notice of Proposed
Rulemaking does not contain proposed
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, the
Further Notice of Proposed Rulemaking
does not contain any proposed 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).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
IV. Ordering Clauses
Accordingly, it is ordered that
pursuant to sections 4(i) and 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and 303, that
this Report and Order and Further
Notice of Proposed Rulemaking is
adopted.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
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) and 332(c)(7), and Title VI of
the Middle Class Tax Relief and Jobs Creation
Act of 2012, Pub. L. 112–96, 126 Stat. 156.
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List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Proposed Rules
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:
■
§ 90.242
[Amended]
2. Remove and reserve paragraph
(b)(8).
■
[FR Doc. 2013–19995 Filed 8–16–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\19AUP1.SGM
19AUP1
Agencies
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Proposed Rules]
[Pages 50370-50372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19995]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 09-19; RM-11514; RM-11531; FCC 13-98]
Travelers' Information Stations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this Further Notice of Proposed Rulemaking, the Commission
proposes an amendment to part 90 of the Commission's rules pertaining
to public safety Travelers' Information Stations (TIS), which Public
Safety Pool-eligible entities operate to transmit noncommercial,
travel-related information over AM band frequencies to motorists on a
localized basis. The Commission proposes to delete the portion of the
Commission's rules which require the filtering of TIS audio frequencies
above 3 kHz.
DATES: Submit comments on or before September 18, 2013. Submit reply
comments October 3, 2013.
ADDRESSES: You may submit comments, identified by PS Docket No. 09-19;
RM-11514; RM-11531, 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://
[[Page 50371]]
fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: U.S. Postal Service first-class, Express, and
Priority mail must be addressed to 445 12th Street SW., Washington DC
20554. 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.
Hand or Messenger Delivery: 445 12th St. SW., Room TW-
A325, Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments, additional
information on the rulemaking process, and where to find materials
available for inspection, see the SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554,
at (202) 418-0019, TTY (202) 418-7233, or via email at
Thomas.Eng@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking in PS Docket No. 09-19; RM-11514;
RM-11531; adopted July 18, 2013 and released on July 23, 2013. The
complete text of this document is available for inspection and copying
during normal business hours in 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 Commission's duplicating
contractor, Best Copy and Printing, Inc., in person at 445 12th Street
SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-
5300, via facsimile at (202) 488-5563, or via email at FCC@BCPIWEB.com.
Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available to persons with disabilities or by sending
an email to FCC504@fcc.gov or calling the Consumer and Governmental
Affairs Bureau at (202) 418-0530, TTY (202) 418-0432. This document is
also available on the Commission's Web site at https://www.fcc.gov.
Comments
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments. 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 (May 1, 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 8:00 a.m. to 7:00 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.
I. Introduction
Currently, the Commission authorizes Public Safety Pool-eligible
entities to use Travelers' Information Stations (TIS) to transmit
noncommercial, travel-related information over AM band frequencies to
motorists on a localized basis. In this proceeding, we address the
scope of permissible operations under our TIS rules in response to
petitions filed by Highway Information Systems (HIS), the American
Association of Information Radio Operators (AAIRO), and the American
Association of State Highway and Transportation Officials (AASHTO). The
Commission invited comment on the issues raised in these three
petitions in a Notice of Proposed Rulemaking (NPRM) adopted in 2010.
In this Further Notice of Proposed Rulemaking (Further Notice), we
propose to delete Sec. 90.242(b)(8) of the Commission's rules, which
requires the filtering of TIS audio frequencies above 3 kHz. The record
indicates that the filtering requirement significantly decreases the
audibility of TIS broadcasts while adding little to the interference
protection of commercial broadcasters. However, because the Commission
did not specifically address the filtering issue in the initial Notice
of Proposed Rulemaking in this docket, we request comment on this
proposed rule change.
II. Further Notice of Proposed Rulemaking
Although the NPRM did not raise the issue, numerous commenters
argue for removal of the filtering provision of Sec. 90.242(b)(8),
which requires the filtering of TIS audio frequencies above 3 kHz.
Commenters contend that the required filtering decreases the audibility
of TIS broadcasts in general, and especially at night and over
difficult terrain. Burden suggests this restriction could be removed
with little or no increased interference with adjacent channel
broadcasters. No commenter has opposed such removal.
Accordingly, we propose to remove this requirement from the rules.
Because this particular issue was not previously proposed in the NPRM
but rather was introduced by commenters in the record, we seek comment
in this Further Notice of Proposed Rulemaking in order to establish a
record and consider any issues that may not have been raised in docket
prior to this time. Accordingly, we ask whether there is any reason
this restriction should not be removed. Is there a potential for
increased interference with broadcasters? If not, are there any other
reasons why we should not remove the filtering restriction? We ask that
all comments for or against the lifting of this restriction provide
empirical evidence for the position taken.
III. Procedural Matters
Ex Parte Presentations
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period
[[Page 50372]]
applies). Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must (1) list all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b). In proceedings governed by
Sec. 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, see 5 U.S.C.
603, the Commission has prepared an Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities of the policies and rules addressed in this document. The IRFA
is set forth in Appendix E of the Report and Order and Further Notice
of Proposed Rulemaking. Written public comments are requested on the
IRFA. These comments must be filed in accordance with the same filing
deadlines as comments filed in response to this Further Notice of
Proposed Rulemaking as set forth herein, and they should have a
separate and distinct heading designating them as responses to the
IRFA. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, will send a copy of the Report and Order
and Further Notice of Proposed Rulemaking, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
See 5 U.S.C. 603(a).
Paperwork Reduction Act Analysis
This Further Notice of Proposed Rulemaking does not contain
proposed new or modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, the Further Notice of Proposed Rulemaking does not
contain any proposed 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).
IV. Ordering Clauses
Accordingly, it is ordered that pursuant to sections 4(i) and 303
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and
303, that this Report and Order and Further Notice of Proposed
Rulemaking is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Further Notice of Proposed
Rulemaking, including the Initial and Final Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
It is further ordered that pursuant to applicable procedures set
forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR
1.415, 1.419, interested parties may file comments on this Further
Notice of Proposed Rulemaking on or before 30 days after publication in
the Federal Register, and interested parties may file reply comments on
or before 45 days after publication in the Federal Register.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
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
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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) and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Jobs Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
Sec. 90.242 [Amended]
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2. Remove and reserve paragraph (b)(8).
[FR Doc. 2013-19995 Filed 8-16-13; 8:45 am]
BILLING CODE 6712-01-P