Aviation Services, 61203-61208 [2013-22500]
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
Tim
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Background
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 87
[WT Docket Nos. 10–61 and 09–42, RM–
11503, RM–11596; FCC 13–30]
Aviation Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) amends its rules to
authorize the use of frequency 1090
MHz by aeronautical utility mobile
stations for airport surface detection
equipment, commonly referred to as
vehicle ‘‘squitters,’’ to help reduce
collisions between aircraft and airport
ground vehicles. In addition, we
establish service rules for audio visual
warning systems to help aircraft in flight
avoid antenna structures and other
obstacles. We also adopt rules to permit
ground testing of aviation data link
systems, and decline to authorize
remote monitoring of certain automated
ground stations.
DATES: Effective November 4, 2013. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of November 4, 2013.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
1. Air traffic controllers utilize airport
surface detection equipment (ASDE–X)
to manage the movement of aircraft on
airport surfaces, but the current system
does not allow the positive
identification of ground vehicles such as
snowplows and maintenance vehicles
that routinely operate on the runway
movement area. See 47 CFR 87.345.
Unless the vehicle is visible from the
control tower, air traffic controllers can
determine only its location, but not the
vehicle type or the operator. See NPRM,
25 FCC Rcd at 3356 para. 3. In response
to growing concerns about airplanes
colliding with or having to take evasive
maneuvers to avoid vehicles on the
airport surface, the Federal Aviation
Administration (FAA) seeks to expand
the use of ASDE–X to manage the
movement of service vehicles as well as
aircraft in the runway movement area.
2. The National Telecommunications
and Information Administration (NTIA),
supported by the FAA, filed a petition
for rulemaking requesting that the
Commission amend part 87 of the
Commission’s rules to allow use of
frequency 1090 MHz for tracking of
ground vehicle movements on the
airport surface. See Petition for
Rulemaking of the National
Telecommunications and Information
Administration (July 29, 2008). In the
Notice of Proposed Rulemaking and
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Order (NPRM), the Commission noted
that the frequency 1090 MHz is
currently used for ASDE–X to manage
the movement of aircraft on airport
surfaces and for other things, such as
the Traffic Alert and Collision
Avoidance System (TCAS),1 but
tentatively concluded that permitting
use of the frequency by vehicle squitters
would further the public interest. See
NPRM, 25 FCC Rcd at 3356 paras. 6–7.
3. Accordingly, the Commission
sought comment on proposed technical
and service rules for vehicle squitters on
frequency 1090 MHz. See NPRM, 25
FCC Rcd at 3357 paras. 9–14. The
NPRM sought comment on whether the
Commission should limit operation of
vehicle squitters to the runway
movement area to prevent use of the
system for purposes other than vehicle
and aircraft safety (such as tracking
baggage carts). See NPRM, 25 FCC Rcd
at 3357 paras. 12. The NPRM also
tentatively agreed with NTIA’s proposal
that the Commission coordinate
applications with the FAA through the
Interdepartment Radio Advisory
Committee (IRAC), and it sought
comment on whether the Commission
should require applicants to precoordinate with the relevant FAA
Regional Office before filing an
application with the Commission. See
NPRM, 25 FCC Rcd at 3357 para. 13.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
4. This document contains new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. Specifically, it requires
prospective DLT station licensees to
coordinate their applications with ASRI,
the aeronautical enroute station
1 TCAS is an airborne warning system designed
to avert mid-air collisions. See Review of part 87 of
the Commission’s Rules Concerning the Aviation
Radio Service, Report and Order and Further Notice
of Proposed Rule Making, WT Docket No. 01–289,
18 FCC Rcd 21432, 21467 n.265 (2003) (Part 87
Report and Order). In the Part 87 Report and Order,
the Commission adopted a proposal to permit
ground testing of TCAS on frequency 1090 MHz,
and amended § 87.475(c)(2) of the rules, 47 CFR
87.475(c)(2), accordingly. See Part 87 Report and
Order, 18 FCC Rcd at 21467 para. 74. When it
amended § 87.475(c)(2) later in that proceeding,
however, the Commission inadvertently removed
the language authorizing ground testing of TCAS on
1090 MHz. See Review of Part 87 of the
Commission’s Rules Concerning the Aviation Radio
Service, Second Report and Order and Second
Further Notice of Proposed Rule Making, WT
Docket No. 01–289, 21 FCC Rcd 11582, 11587–88
para. 6 (2006) (Part 87 Second Report and Order).
In the NPRM in this proceeding, the Commission
proposed to correct that error by amending
§ 87.475(c)(2) to restore the deleted language. See
NPRM, 25 FCC Rcd at 3357 n.13. We now adopt the
proposed correction.
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licensee. It will be submitted to the
Office of Management and Budget
(OMB) for review under section 3507(d)
of the PRA. OMB, the general public,
and other Federal agencies are invited to
comment on the new or modified
information collection requirements
contained in this proceeding. In the
present document, we have assessed the
effects of requiring coordination of DLT
applications with ASRI and find that
this will avoid interference to safetyrelated aeronautical enroute
communications without having a
significant impact on small business
concerns with fewer than 25 employees.
Coordination with ASRI should not be
more burdensome than coordination
with the FAA, which is required for
analogous RLT applications.
B. Report to Congress
5. The Commission will send a copy
of the R&O 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
6. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
NPRM in WT Docket Nos. 10–61 and
09–42; RM–11503 and RM–11596, at 75
FR 22352, April 28, 2010. The
Commission sought written public
comment on the proposals in the NPRM,
including comment on the IRFA. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report
and Order
7. The rules adopted in the 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, we amend part 87 of the
Commission’s rules to allow use of the
frequency 1090 MHz by aeronautical
utility mobile stations for airport surface
detection equipment, commonly
referred to as vehicle ‘‘squitters,’’ to
help reduce collisions between aircraft
and airport ground vehicles. In addition,
we establish service rules for audio
visual warning systems to help aircraft
in flight avoid antenna structures and
other obstacles. We also adopt rules to
permit ground testing of aviation data
link test systems.
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Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
8. No comments were submitted
specifically in response to the IRFAs.
Nonetheless, we have considered the
potential economic impact on small
entities of the rules discussed in the
IRFAs, 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
9. 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).
10. 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 analysis, the
Commission uses the SBA small
business size standard for the category
Wireless Telecommunications Carriers
(except satellite),’’ which is 1,500 or
fewer employees. Census data for 2007
shows that there were 1,383 firms in
that category that operated for the entire
year. Of those 1,383, 1,368 had fewer
than 1,000 employees, and 15 firms had
1,000 or more employees. Thus under
this category and the associated small
business size standard, the majority of
firms can be considered small.
11. Some of the rules adopted herein
may also affect small businesses that
manufacture aviation radio equipment.
The Census Bureau does not have a
category specific to aviation radio
equipment manufacturers. The
appropriate category is that for wireless
communications equipment
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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
2007, there were a total of 939 firms in
this category that operated that year. Of
this total, 912 had fewer than 500
employees and 27 had 500 or more
employees. 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
12. The rule changes adopted in the
R&O require manufacturers to meet
certain criteria and potential licensees
to operate the equipment as prescribed
in the Rules, including prior
coordination with the FAA and ASRI.
We believe the other final rules will
have no significant effect on the
compliance burdens of regulatees. The
R&O requires data link test (DLT)
system applicants to coordinate with the
aeronautical enroute licensee for the
frequencies on which the DLT applicant
proposes to operate. This requirement
affects small and large companies
equally. The compliance requirement is
no greater than the requirement to
coordinate with the Federal Aviation
Administration applications to operate
analogous radionavigation land test
system equipment, which the NPRM
proposed to extend to DLT applicants.
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
13. The RFA requires an agency to
describe the steps it has taken to
minimize the significant economic
impact on small entities consistent with
the stated objectives of applicable
statutes, including a statement of the
factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
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the impact on small entities was
rejected.
14. We believe that the R&O does not
impose any significant additional
reporting, recordkeeping, or other
compliance requirements on small
entities. The rules adopted in the R&O
authorize new ground station
technologies that will promote the
overriding issue of aviation safety. No
commenter identified any less
burdensome alternatives that would be
consistent with the item’s objectives and
the Commission’s goals and
responsibilities.
15. The Commission will send a copy
of the R&O in WT Docket Nos. 10–61
and 09–42, 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 R&O, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the SBA.
A copy of the R&O and the Final
Regulatory Flexibility Analysis (or
summaries thereof) will also be
published in the Federal Register.
List of Subjects for 47 CFR Part 87
§ 87.5
Air transportation, Communications
equipment, Incorporation by reference,
Radio.
*
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 87 as
follows:
PART 87—AVIATION SERVICES
1. The authority citation for part 87
continues to read as follows:
■
Authority: 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307(e) unless
otherwise noted. Interpret or apply 48 Stat.
1064–1068, 1081–1105, as amended; 47
U.S.C. 151–156, 301–609.
2. Section 87.5 is amended by adding
the definitions ‘‘Aircraft data link
system’’, ‘‘Aircraft data link land test
station’’ in alphabetical order, and
revising the definition of ‘‘Surveillance
radar station ’’ to read as follows:
■
Definitions.
*
*
*
*
Aircraft data link system. A system
used to provide data communications
between the aircraft and ground
personnel necessary for the safe,
efficient and economic operation of the
aircraft.
Aircraft data link land test station. A
station which is used to test and
calibrate aircraft data link system
communications equipment.
*
*
*
*
*
Surveillance radar station. A
radionavigation land station in the
aeronautical radionavigation service
employing radar to detect the presence
of aircraft within its range.
*
*
*
*
*
■ 3. Section 87.131 is amended by
revising the entry in the table for
‘‘Aeronautical utility mobile’’ and
adding an entry for ‘‘Aircraft data link
land test’’ immediately afterward to read
as follows:
§ 87.131
*
*
Power and emissions.
*
*
*
Class of station
Frequency band/frequency
Authorized
emission(s) 9
Maximum
power 1
*
*
*
Aeronautical utility mobile ..........................................
*
*
VHF ............................................................................
1090 MHz ..................................................................
131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825
MHz, 136.850 MHz.
136.900 MHz, 136.925 MHz, 136.950 MHz, 136.975
MHz.
*
A3E ...................
M1D ..................
A2D ..................
*
10 watts.
20 watts.
100 microwatts.
G1D ..................
100 microwatts.
Aircraft data link land test ..........................................
*
1 The
*
*
*
*
*
*
power is measured at the transmitter output terminals and the type of power is determined according to the emission designator as fol-
lows:
(i) Mean power (pY) for amplitude modulated emissions and transmitting both sidebands using unmodulated full carrier.
(ii) Peak envelope power (pX) for all emission designators other than those referred to in paragraph (i) of this note.
*
*
*
*
*
*
9 Excludes automatic link establishment.
*
*
*
*
*
4. Amend § 87.133 by amending the
table in paragraph (a) to add an entry to
■
category (7) between ‘‘Aircraft earth
station’’ and Radionavigation stations’’
to read as follows:
§ 87.133
*
Frequency stability.
(a) * * *
Frequency band (lower limit exclusive, upper limit inclusive), and categories of stations
Tolerance 1
Tolerance 2
*
*
*
*
*
Aeronautical utility mobile stations on 1090 MHz .......................................................................................
*
*
*
*
*
*
1000
*
*
1 This
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1000
tolerance is the maximum permitted until January 1, 1990, for transmitters installed before January 2, 1985, and used at the same installation. Tolerance is indicated in parts in 106 unless shown as Hertz (Hz).
2 This tolerance is the maximum permitted after January 1, 1985 for new and replacement transmitters and to all transmitters after January 1,
1990. Tolerance is indicated in parts in 106 unless shown as Hertz (Hz).
*
*
*
*
*
5. Section 87.137 is amended by
amending the table in paragraph (a) to
■
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add an entry between M1A and N0N to
read as follows:
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§ 87.137
Types of emission.
(a) * * *
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Class of emission
*
*
*
M1D ....................................................................................
*
*
6. Amend § 87.171 by adding the
entries AVW and DLT to the ‘‘Symbol
and class of station’’ list in alphabetical
order, and by moving the entry for FAU
between the FAT and FAW entries to
read as follows:
Class of station symbols.
*
*
*
*
*
AVW—Audio visual warning systems
*
*
*
*
*
Above 50 MHz
Authorized bandwidth (kilohertz)
frequency
deviation
*
*
..............................
*
..............................
*
*
*
14M0M1D
14.0
*
■
§ 87.171
Below 50 MHz
Emission designator
*
*
DLT—Aircraft data link land test
*
*
*
*
*
7. In § 87.173 amend the table in
paragraph (b) as follows:
■ a. Revise the entries for 122.700 MHz,
122.725 MHz, 122.750 MHz, 122.800
MHz, 122.850 MHz, 122.900 MHz,
122.950 MHz, 122.975 MHz, 123.000
MHz, 123.025 MHz, 123.050 MHz,
123.075 MHz, 123.300 MHz, 123.500
MHz, 128.825–132.000 MHz, 136.500
■
MHz–136.875 MHz, 136.900 MHz,
136.925 MHz, 136.950 MHz, 136.975
MHz and 1030.000 MHz as set forth
below.
■ b. Add new entries for 131.450 MHz,
131.550 MHz, 131.725 MHz, 131.825
MHz, 136.850 MHz and 1090.000 MHz
in numerical order as set forth below.
§ 87.173
*
Frequencies.
*
*
(b) * * *
*
*
Frequency or frequency band
Subpart
Class of station
*
122.700 MHz .............
122.725 MHz .............
122.750 MHz .............
*
G, L, Q ........
G, L, Q ........
F, Q .............
*
MA, FAU, MOU, AVW ........
MA, FAU, MOU, AVW ........
MA2, AVW ..........................
*
*
*
*
Unicom at airports with no control tower; Aeronautical utility stations.
Unicom at airports with no control tower; Aeronautical utility stations.
Private fixed wing aircraft air-to-air communications.
*
122.800 MHz .............
*
G, L, Q ........
*
MA, FAU, MOU, AVW ........
*
*
*
*
Unicom at airports with no control tower; Aeronautical utility stations.
*
122.850 MHz .............
*
H, K, Q ........
*
MA, FAM, FAS, AVW.
*
*
*
*
*
122.900 MHz .............
*
F, H, L, M, Q
*
MA, FAR, FAM, MOU,
AVW.
*
*
*
*
*
MHz
MHz
MHz
MHz
MHz
MHz
.............
.............
.............
.............
.............
.............
*
G, L, Q ........
G, L, Q ........
G, L, Q ........
F, Q .............
G, L, Q ........
G, L, Q ........
*
MA, FAU, MOU, AVW ........
MA, FAU, MOU, AVW ........
MA, FAU, MOU, AVW ........
MA2, AVW ..........................
MA, FAU, MOU, AVW ........
MA, FAU, MOU, AVW ........
*
123.300 MHz .............
*
K, Q .............
*
MA, FAS, AVW.
*
*
*
*
*
123.500 MHz .............
*
K, Q .............
*
MA, FAS, AVW.
*
*
*
*
*
128.825–132.000
MHz.
131.450 MHz .............
131.550 MHz .............
131.725 MHz .............
131.825 MHz .............
*
I ...................
*
MA, FAE .............................
*
*
*
I
I
I
I
DLT.
DLT.
DLT.
DLT.
*
136.500–136.875
MHz.
136.850 MHz .............
136.900 MHz .............
136.925 MHz .............
136.950 MHz .............
136.975 MHz .............
*
I ...................
*
MA, FAE .............................
*
*
Domestic VHF; 25 kHz channel spacing.
*
*
I
I
I
I
I
DLT.
MA, FAE,
MA, FAE,
MA, FAE,
MA, FAE,
International
International
International
International
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122.950
122.975
123.000
123.025
123.050
123.075
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...................
...................
...................
...................
...................
...................
...................
...................
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DLT
DLT
DLT
DLT
PO 00000
Remarks
....................
....................
....................
....................
Frm 00054
*
*
*
*
Unicom at airports with control tower; Aeronautical utility stations.
Unicom at airports with no control tower; Aeronautical utility stations.
Unicom at airports with no control tower; Aeronautical utility stations.
Helicopter air-to-air communications; Air traffic control operations.
Unicom at airports with no control tower; Aeronautical utility stations.
Unicom at airports with no control tower; Aeronautical utility stations.
*
Domestic VHF.
Fmt 4700
Sfmt 4700
and
and
and
and
Domestic
Domestic
Domestic
Domestic
VHF.
VHF.
VHF.
VHF.
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Frequency or frequency band
Subpart
Class of station
*
1030.000 MHz ...........
1090.000 MHz ...........
*
Q .................
L ..................
*
RLT.
MOU, RLT ..........................
*
*
*
8. In part 87, revise the heading to
subpart I to read as follows:
Subpart I—Aeronautical Enroute
Stations, Aeronautical Fixed Stations,
and Aircraft Data Link Land Test
Stations
9. Add an undesignated center
heading ‘‘AIRCRAFT DATA LINK
LAND TEST STATIONS’’ after § 87.279,
in subpart I and add §§ 87.285 and
87.287 to subpart I to read as follows:
■
Aircraft Data Link Land Test Stations
Scope of service.
The frequencies indicated in § 87.287
of this chapter may be used to test
aircraft data link systems on a secondary
basis to other licensed stations.
Equipment must be designed so that it
will engage in data link exchange only
with the aircraft whose identification
has been programmed into the device,
and must comply with the applicable
specifications for VDL Mode 2 operation
set forth in the ICAO ‘‘Manual on VHF
Digital Link (VDL) Mode 2’’ First
Edition-2001, and RTCA DO–281A,’’
Minimum Operational Performance
Standards for Aircraft VDL Mode 2
Physical, Link and Network Layer’’,
November 8, 2005. These documents are
incorporated by reference in accordance
with 5 U.S.C. 552(a), and 1 CFR part 51
and approved by the Director of the
Federal Register. The RTCA document
is available and may be obtained from
RTCA, Inc., 1828 L Street NW., Suite
805, Washington, DC 20036 and by
*
*
*
*
*
*
Vehicle Squitter.
*
■
§ 87.285
Remarks
*
email to info@rtca.org or go to https://
RTCA.org. The ICAO document is
available and may be obtained from the
ICAO, Customer Services Unit, 999
´
University Street, Montreal, Quebec
H3C 5H7, Canada, by email to icaohq@
icao.int or go to: https://www.ICAO.int.
You may inspect a copy at the Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554, 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.
§ 87.287
Frequencies.
(a) The frequencies assignable to
aircraft data link land test stations are
131.450 MHz, 131.550 MHz, 131.725
MHz, 131.825 MHz, 136.850 MHz,
136.900 MHz, 136.925 MHz, 136.950
MHz, and 136.975 MHz. Interstitial
frequencies separated by 8.33 kilohertz
from these frequencies may also be
assigned.
(b) Before submitting an application
for an aircraft data link land test station,
an applicant must obtain written
permission from the licensee of the
aeronautical enroute stations serving the
areas in which the aircraft data link land
test station will operate on a co-channel
basis. The Commission may request an
applicant to provide documentation as
to this fact.
■ 10. Amend § 87.349 by adding
paragraph (f) to read as follows:
§ 87.349
Frequencies.
*
*
*
*
*
(f) The Commission will assign
frequency 1090 MHz for use by
aeronautical utility mobile stations for
ground vehicle identification and
collision avoidance after coordination
with the FAA, subject to the following
conditions:
(1) The applicant must notify the
appropriate Regional Office of the FAA
prior to submission to the Commission
of an application for a new station or for
modification of an existing station. Each
application must include the FAA
Regional Office notified and date of
notification.
(2) Eligibility is restricted to airport
operators holding an FAA Airport
Operating Certificate, and other entities
approved by the FAA on a case-by-case
basis to use frequency 1090 MHz for use
by aeronautical utility mobile stations
for ground vehicle identification and
collision avoidance;
(3) No more than two hundred 1090
MHz aeronautical utility mobile stations
will be authorized at one airport;
(4) Licenses are limited to only those
locations that are within the vicinity of
an FAA ASDE–X multilateration system
or ADS–B equipment, and/or where the
primary purpose for seeking transmit
authorization is to provide surface data
to aircraft and air traffic control
authorities.
(5) Message transmission rates are
limited as indicated in the table below:
ADS–B Message
Rate when moving
Surface Position Message (Types 5, 6, 7, 8) ..............
Aircraft Operational Status (Type 31) ..........................
Aircraft Identification and Type (Type 2) .....................
Every 0.4 to 0.6 seconds ............................................
Every 4.8 to 5.2 seconds ............................................
Every 4.8 to 5.2 seconds ............................................
11. Amend § 87.475 as follows:
a. Redesignating paragraph (b)(9),
(b)(7) and (8) as paragraphs (b)(7), (b)(8)
and (9) respectively;
■ b. Adding new paragraphs (b)(10)
through (b)(14); and
■ c. Revising paragraphs (c)(1) and (c)(2)
introductory text .
sroberts on DSK5SPTVN1PROD with RULES
■
■
§ 87.475
*
Frequencies.
*
*
(b) * * *
VerDate Mar<15>2010
*
*
15:47 Oct 02, 2013
Jkt 232001
(10) 2700–2900 MHz: NonGovernment land-based radars may be
licensed. U.S. Government coordination
is required. Applicants must
demonstrate a need for the service
which the Government is not prepared
to render.
(11) 5000–5250 MHz: This band is to
be used for the operation of the
international standard system
(microwave landing system).
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
Rate when stationary
Every 4.8 to 5.2 seconds.
Every 4.8 to 5.2 seconds.
Every 9.8 to 10.2 seconds.
(12) 9000–9200 MHz: This band is
available to land-based radars. Stations
operating in this band may receive
interference from stations operating in
the radiolocation service.
(13) 15,400–15,700 MHz: This band is
available for use of land stations
associated with airborne electronic aids
to air navigation.
(14) 24,250–25,250, 32,300–33,400
MHz: In these bands, land-based
E:\FR\FM\03OCR1.SGM
03OCR1
61208
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
radionavigation aids are permitted
where they operate with airborne
radionavigation devices.
(c) Frequencies available for
radionavigation land test stations. (1)
The frequencies set forth in §§ 87.187(c),
(e) through (j), (r), (t), and (ff); and
87.475(b)(6) through (b)(11) may be
assigned to radionavigation land test
stations for the testing of aircraft
transmitting equipment that normally
operate on these frequencies and for the
testing of land-based receiving
equipment that operate with airborne
radionavigation equipment.
(2) The frequencies available for
assignment to radionavigation land test
stations for the testing of airborne
receiving equipment are 108.000 and
108.050 MHz for VHF omni-range;
108.100 and 108.150 MHz for localizer;
334.550 and 334.700 MHz for glide
slope; 978 and 979 MHz (X channel)/
1104 MHz (Y channel) for DME; 978
MHz for Universal Access Transceiver;
1030 MHz for air traffic control radar
beacon transponders; 1090 MHz for
Traffic Alert and Collision Avoidance
Systems (TCAS); and 5031.0 MHz for
microwave landing systems.
Additionally, the frequencies in
paragraph (b) of this section may be
assigned to radionavigation land test
stations after coordination with the
FAA. The following conditions apply:
*
*
*
*
*
■ 12. Section 87.483 is added to subpart
Q to read as follows:
sroberts on DSK5SPTVN1PROD with RULES
§ 87.483
Audio visual warning systems.
An audio visual warning system
(AVWS) is a radar-based obstacle
avoidance system. AVWS activates
obstruction lighting and transmits VHF
audible warnings to alert pilots of
potential collisions with land-based
obstructions. The AVWS operations are
limited to locations where natural and
man-made obstructions exist. The
continuously operating radar calculates
the location, direction and groundspeed
of nearby aircraft that enter one of two
warning zones reasonably established
by the licensee. As aircraft enter the first
warning zone, the AVWS activates
obstruction lighting. If the aircraft
continues toward the obstacle and
enters the second warning zone, the
VHF radio transmits an audible warning
describing the obstacle.
(a) Radiodetermination (radar)
frequencies. Frequencies authorized
under § 87.475(b)(8) of this chapter are
available for use by an AVWS. The
frequency coordination requirements in
§ 87.475(a) of this chapter apply.
(b) VHF audible warning frequencies.
Frequencies authorized under
§ 87.187(j), § 87.217(a), § 87.241(b), and
VerDate Mar<15>2010
15:47 Oct 02, 2013
Jkt 232001
§ 87.323(b) (excluding 121.950 MHz) of
this chapter are available for use by an
AVWS. Multiple frequencies may be
authorized for an individual station,
depending on need and the use of
frequencies assigned in the vicinity of a
proposed AVWS facility. Use of these
frequencies is subject to the following
limitations:
(1) The output power shall not exceed
¥3 dBm watts for each frequency
authorized.
(2) The antenna used in transmitting
the audible warnings must be
omnidirectional with a maximum gain
equal to or lower than a half-wave
centerfed dipole above 30 degrees
elevation, and a maximum gain of +5
dBi from horizontal up to 30 degrees
elevation.
(3) The audible warning shall not
exceed two seconds in duration. No
more than six audible warnings may be
transmitted in a single transmit cycle,
which shall not exceed 12 seconds in
duration. An interval of at least twenty
seconds must occur between transmit
cycles.
[FR Doc. 2013–22500 Filed 10–2–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R9–ES–2012–0034; 450
003 0115]
RIN 1018–AY68
Endangered and Threatened Wildlife
and Plants; Listing the Blue-throated
Macaw
AGENCY:
Fish and Wildlife Service,
Interior.
Final rule.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), are listing the
blue-throated macaw (Ara
glaucogularis) as endangered under the
Endangered Species Act of 1973, as
amended (Act). This species is endemic
to a small area in Bolivia, and there are
estimated to be fewer than 500
individuals remaining in the wild. Its
status remains tenuous despite
conservation efforts. Threats to the
species include: lack of reproductive
success (loss of nestlings) due to nest
failure, which primarily is caused by
competition for nest sites and predation
by larger avian species; and the lack of
suitable, available habitat in addition to
its small population size.
SUMMARY:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
This final rule is effective
November 4, 2013.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov under Docket No.
FWS–R9–ES–2012–0034. Comments
and materials we received, as well as
supporting documentation used in the
preparation of this rule, are available for
public inspection, by appointment,
during normal business hours at: U.S.
Fish and Wildlife Service, 4401 N.
Fairfax Drive, Suite 400, Arlington, VA
22203.
FOR FURTHER INFORMATION CONTACT:
Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species
Program, U.S. Fish and Wildlife Service,
4401 North Fairfax Drive, Room 420,
Arlington, VA 22203; telephone 703–
358–2171. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Endangered Species Act of 1973,
as amended (Act) (16 U.S.C. 1531 et
seq.), is a law that was passed to prevent
extinction of species by providing
measures to help alleviate the loss of
species and their habitats. Before a plant
or animal species can receive the
protection provided by the Act, it must
first be added to one of the Federal Lists
of Endangered and Threatened Wildlife
and Plants. Section 4 of the Act and its
implementing regulations at part 424 of
title 50 of the Code of Federal
Regulations (CFR) set forth the
procedures for adding species to these
lists.
Previous Federal Actions
We received the petition to list this
species on May 6, 1991, from Alison
Stattersfield, of the International
Council for Bird Preservation (ICBP).
That petition requested that we list 53
foreign birds under the Act, including
the blue-throated macaw, which is the
subject of this final rule. We took
several actions on this petition. On
December 16, 1991, we published a
positive 90-day finding and announced
the initiation of a status review of the
species included in the 1991 petition
(56 FR 65207). On March 28, 1994, we
published a document that served as our
12-month finding on the 1991 petition
(59 FR 14496). In that document, we
announced our finding that listing 38
species from the 1991 petition,
including the blue-throated macaw, was
warranted but precluded because of
other, higher priority listing actions.
The blue-throated macaw was assigned
E:\FR\FM\03OCR1.SGM
03OCR1
Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61203-61208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22500]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 87
[WT Docket Nos. 10-61 and 09-42, RM-11503, RM-11596; FCC 13-30]
Aviation Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules to authorize the use of frequency 1090
MHz by aeronautical utility mobile stations for airport surface
detection equipment, commonly referred to as vehicle ``squitters,'' to
help reduce collisions between aircraft and airport ground vehicles. In
addition, we establish service rules for audio visual warning systems
to help aircraft in flight avoid antenna structures and other
obstacles. We also adopt rules to permit ground testing of aviation
data link systems, and decline to authorize remote monitoring of
certain automated ground stations.
DATES: Effective November 4, 2013. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of November 4, 2013.
FOR FURTHER INFORMATION CONTACT: Tim Maguire, Mobility Division,
Wireless Telecommunications Bureau at (202) 418-2155.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), in WT Docket No. 10-61; FCC 13-30, adopted February
28, 2013, and released March 1, 2013. 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., Room CY-A257,
Washington, DC 20554, or by downloading the text from the Commission's
Web site at https://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0301/FCC-13-30A1.pdf. The complete text also may be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 12th Street SW., Suite CY-B402, Washington, DC
20554. Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
email to FCC504@fcc.gov or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Background
1. Air traffic controllers utilize airport surface detection
equipment (ASDE-X) to manage the movement of aircraft on airport
surfaces, but the current system does not allow the positive
identification of ground vehicles such as snowplows and maintenance
vehicles that routinely operate on the runway movement area. See 47 CFR
87.345. Unless the vehicle is visible from the control tower, air
traffic controllers can determine only its location, but not the
vehicle type or the operator. See NPRM, 25 FCC Rcd at 3356 para. 3. In
response to growing concerns about airplanes colliding with or having
to take evasive maneuvers to avoid vehicles on the airport surface, the
Federal Aviation Administration (FAA) seeks to expand the use of ASDE-X
to manage the movement of service vehicles as well as aircraft in the
runway movement area.
2. The National Telecommunications and Information Administration
(NTIA), supported by the FAA, filed a petition for rulemaking
requesting that the Commission amend part 87 of the Commission's rules
to allow use of frequency 1090 MHz for tracking of ground vehicle
movements on the airport surface. See Petition for Rulemaking of the
National Telecommunications and Information Administration (July 29,
2008). In the Notice of Proposed Rulemaking and Order (NPRM), the
Commission noted that the frequency 1090 MHz is currently used for
ASDE-X to manage the movement of aircraft on airport surfaces and for
other things, such as the Traffic Alert and Collision Avoidance System
(TCAS),\1\ but tentatively concluded that permitting use of the
frequency by vehicle squitters would further the public interest. See
NPRM, 25 FCC Rcd at 3356 paras. 6-7.
---------------------------------------------------------------------------
\1\ TCAS is an airborne warning system designed to avert mid-air
collisions. See Review of part 87 of the Commission's Rules
Concerning the Aviation Radio Service, Report and Order and Further
Notice of Proposed Rule Making, WT Docket No. 01-289, 18 FCC Rcd
21432, 21467 n.265 (2003) (Part 87 Report and Order). In the Part 87
Report and Order, the Commission adopted a proposal to permit ground
testing of TCAS on frequency 1090 MHz, and amended Sec.
87.475(c)(2) of the rules, 47 CFR 87.475(c)(2), accordingly. See
Part 87 Report and Order, 18 FCC Rcd at 21467 para. 74. When it
amended Sec. 87.475(c)(2) later in that proceeding, however, the
Commission inadvertently removed the language authorizing ground
testing of TCAS on 1090 MHz. See Review of Part 87 of the
Commission's Rules Concerning the Aviation Radio Service, Second
Report and Order and Second Further Notice of Proposed Rule Making,
WT Docket No. 01-289, 21 FCC Rcd 11582, 11587-88 para. 6 (2006)
(Part 87 Second Report and Order). In the NPRM in this proceeding,
the Commission proposed to correct that error by amending Sec.
87.475(c)(2) to restore the deleted language. See NPRM, 25 FCC Rcd
at 3357 n.13. We now adopt the proposed correction.
---------------------------------------------------------------------------
3. Accordingly, the Commission sought comment on proposed technical
and service rules for vehicle squitters on frequency 1090 MHz. See
NPRM, 25 FCC Rcd at 3357 paras. 9-14. The NPRM sought comment on
whether the Commission should limit operation of vehicle squitters to
the runway movement area to prevent use of the system for purposes
other than vehicle and aircraft safety (such as tracking baggage
carts). See NPRM, 25 FCC Rcd at 3357 paras. 12. The NPRM also
tentatively agreed with NTIA's proposal that the Commission coordinate
applications with the FAA through the Interdepartment Radio Advisory
Committee (IRAC), and it sought comment on whether the Commission
should require applicants to pre-coordinate with the relevant FAA
Regional Office before filing an application with the Commission. See
NPRM, 25 FCC Rcd at 3357 para. 13.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
4. This document contains new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. Specifically, it requires prospective DLT station
licensees to coordinate their applications with ASRI, the aeronautical
enroute station
[[Page 61204]]
licensee. It will be submitted to the Office of Management and Budget
(OMB) for review under section 3507(d) of the PRA. OMB, the general
public, and other Federal agencies are invited to comment on the new or
modified information collection requirements contained in this
proceeding. In the present document, we have assessed the effects of
requiring coordination of DLT applications with ASRI and find that this
will avoid interference to safety-related aeronautical enroute
communications without having a significant impact on small business
concerns with fewer than 25 employees. Coordination with ASRI should
not be more burdensome than coordination with the FAA, which is
required for analogous RLT applications.
B. Report to Congress
5. The Commission will send a copy of the R&O 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
6. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM in WT Docket Nos. 10-61 and 09-42; RM-11503
and RM-11596, at 75 FR 22352, April 28, 2010. The Commission sought
written public comment on the proposals in the NPRM, including comment
on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Need for, and Objectives of, the Report and Order
7. The rules adopted in the 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, we amend part 87 of the Commission's rules to allow use
of the frequency 1090 MHz by aeronautical utility mobile stations for
airport surface detection equipment, commonly referred to as vehicle
``squitters,'' to help reduce collisions between aircraft and airport
ground vehicles. In addition, we establish service rules for audio
visual warning systems to help aircraft in flight avoid antenna
structures and other obstacles. We also adopt rules to permit ground
testing of aviation data link test systems.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
8. No comments were submitted specifically in response to the
IRFAs. Nonetheless, we have considered the potential economic impact on
small entities of the rules discussed in the IRFAs, 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
9. 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).
10. 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 analysis, the Commission uses the SBA
small business size standard for the category Wireless
Telecommunications Carriers (except satellite),'' which is 1,500 or
fewer employees. Census data for 2007 shows that there were 1,383 firms
in that category that operated for the entire year. Of those 1,383,
1,368 had fewer than 1,000 employees, and 15 firms had 1,000 or more
employees. Thus under this category and the associated small business
size standard, the majority of firms can be considered small.
11. Some of the rules adopted herein may also affect small
businesses that manufacture aviation radio equipment. The Census Bureau
does not have a category specific to aviation radio equipment
manufacturers. The appropriate category is that for 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 2007, there
were a total of 939 firms in this category that operated that year. Of
this total, 912 had fewer than 500 employees and 27 had 500 or more
employees. 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
12. The rule changes adopted in the R&O require manufacturers to
meet certain criteria and potential licensees to operate the equipment
as prescribed in the Rules, including prior coordination with the FAA
and ASRI. We believe the other final rules will have no significant
effect on the compliance burdens of regulatees. The R&O requires data
link test (DLT) system applicants to coordinate with the aeronautical
enroute licensee for the frequencies on which the DLT applicant
proposes to operate. This requirement affects small and large companies
equally. The compliance requirement is no greater than the requirement
to coordinate with the Federal Aviation Administration applications to
operate analogous radionavigation land test system equipment, which the
NPRM proposed to extend to DLT applicants.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
13. The RFA requires an agency to describe the steps it has taken
to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect
[[Page 61205]]
the impact on small entities was rejected.
14. We believe that the R&O does not impose any significant
additional reporting, recordkeeping, or other compliance requirements
on small entities. The rules adopted in the R&O authorize new ground
station technologies that will promote the overriding issue of aviation
safety. No commenter identified any less burdensome alternatives that
would be consistent with the item's objectives and the Commission's
goals and responsibilities.
15. The Commission will send a copy of the R&O in WT Docket Nos.
10-61 and 09-42, 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 R&O, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the SBA. A copy of the R&O and the Final Regulatory
Flexibility Analysis (or summaries thereof) will also be published in
the Federal Register.
List of Subjects for 47 CFR Part 87
Air transportation, Communications equipment, Incorporation by
reference, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 87 as follows:
PART 87--AVIATION SERVICES
0
1. The authority citation for part 87 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
0
2. Section 87.5 is amended by adding the definitions ``Aircraft data
link system'', ``Aircraft data link land test station'' in alphabetical
order, and revising the definition of ``Surveillance radar station ''
to read as follows:
Sec. 87.5 Definitions.
* * * * *
Aircraft data link system. A system used to provide data
communications between the aircraft and ground personnel necessary for
the safe, efficient and economic operation of the aircraft.
Aircraft data link land test station. A station which is used to
test and calibrate aircraft data link system communications equipment.
* * * * *
Surveillance radar station. A radionavigation land station in the
aeronautical radionavigation service employing radar to detect the
presence of aircraft within its range.
* * * * *
0
3. Section 87.131 is amended by revising the entry in the table for
``Aeronautical utility mobile'' and adding an entry for ``Aircraft data
link land test'' immediately afterward to read as follows:
Sec. 87.131 Power and emissions.
* * * * *
----------------------------------------------------------------------------------------------------------------
Frequency band/
Class of station frequency Authorized emission(s) \9\ Maximum power \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Aeronautical utility mobile....... VHF.................. A3E....................... 10 watts.
1090 MHz............. M1D....................... 20 watts.
Aircraft data link land test...... 131.450 MHz, 131.550 A2D....................... 100 microwatts.
MHz, 131.725 MHz,
131.825 MHz, 136.850
MHz.
136.900 MHz, 136.925 G1D....................... 100 microwatts.
MHz, 136.950 MHz,
136.975 MHz.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The power is measured at the transmitter output terminals and the type of power is determined according to
the emission designator as follows:
(i) Mean power (pY) for amplitude modulated emissions and transmitting both sidebands using unmodulated full
carrier.
(ii) Peak envelope power (pX) for all emission designators other than those referred to in paragraph (i) of this
note.
* * * * * * *
\9\ Excludes automatic link establishment.
* * * * *
0
4. Amend Sec. 87.133 by amending the table in paragraph (a) to add an
entry to category (7) between ``Aircraft earth station'' and
Radionavigation stations'' to read as follows:
Sec. 87.133 Frequency stability.
(a) * * *
------------------------------------------------------------------------
Frequency band (lower limit
exclusive, upper limit inclusive), Tolerance \1\ Tolerance \2\
and categories of stations
------------------------------------------------------------------------
* * * * * * *
Aeronautical utility mobile 1000 1000
stations on 1090 MHz.............
* * * * * *
------------------------------------------------------------------------
\1\ This tolerance is the maximum permitted until January 1, 1990, for
transmitters installed before January 2, 1985, and used at the same
installation. Tolerance is indicated in parts in 10\6\ unless shown as
Hertz (Hz).
\2\ This tolerance is the maximum permitted after January 1, 1985 for
new and replacement transmitters and to all transmitters after January
1, 1990. Tolerance is indicated in parts in 10\6\ unless shown as
Hertz (Hz).
* * * * *
0
5. Section 87.137 is amended by amending the table in paragraph (a) to
add an entry between M1A and N0N to read as follows:
Sec. 87.137 Types of emission.
(a) * * *
[[Page 61206]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized
bandwidth
Class of emission Emission designator Below 50 MHz Above 50 MHz (kilohertz)
frequency
deviation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
M1D............................................. 14M0M1D 14.0 ................. .................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
6. Amend Sec. 87.171 by adding the entries AVW and DLT to the ``Symbol
and class of station'' list in alphabetical order, and by moving the
entry for FAU between the FAT and FAW entries to read as follows:
Sec. 87.171 Class of station symbols.
* * * * *
AVW--Audio visual warning systems
* * * * *
DLT--Aircraft data link land test
* * * * *
0
7. In Sec. 87.173 amend the table in paragraph (b) as follows:
0
a. Revise the entries for 122.700 MHz, 122.725 MHz, 122.750 MHz,
122.800 MHz, 122.850 MHz, 122.900 MHz, 122.950 MHz, 122.975 MHz,
123.000 MHz, 123.025 MHz, 123.050 MHz, 123.075 MHz, 123.300 MHz,
123.500 MHz, 128.825-132.000 MHz, 136.500 MHz-136.875 MHz, 136.900 MHz,
136.925 MHz, 136.950 MHz, 136.975 MHz and 1030.000 MHz as set forth
below.
0
b. Add new entries for 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825
MHz, 136.850 MHz and 1090.000 MHz in numerical order as set forth
below.
Sec. 87.173 Frequencies.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Frequency or frequency band Subpart Class of station Remarks
----------------------------------------------------------------------------------------------------------------
* * * * * * *
122.700 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
122.725 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
122.750 MHz................... F, Q................ MA2, AVW............................. Private fixed wing
aircraft air-to-
air
communications.
* * * * * * *
122.800 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
* * * * * * *
122.850 MHz................... H, K, Q............. MA, FAM, FAS, AVW. ...................
* * * * * * *
122.900 MHz................... F, H, L, M, Q....... MA, FAR, FAM, MOU, AVW............... ...................
* * * * * * *
122.950 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with control
tower;
Aeronautical
utility stations.
122.975 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
123.000 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
123.025 MHz................... F, Q................ MA2, AVW............................. Helicopter air-to-
air
communications;
Air traffic
control
operations.
123.050 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
123.075 MHz................... G, L, Q............. MA, FAU, MOU, AVW.................... Unicom at airports
with no control
tower;
Aeronautical
utility stations.
* * * * * * *
123.300 MHz................... K, Q................ MA, FAS, AVW. ...................
* * * * * * *
123.500 MHz................... K, Q................ MA, FAS, AVW. ...................
* * * * * * *
128.825-132.000 MHz........... I................... MA, FAE.............................. Domestic VHF.
131.450 MHz................... I................... DLT. ...................
131.550 MHz................... I................... DLT. ...................
131.725 MHz................... I................... DLT. ...................
131.825 MHz................... I................... DLT. ...................
* * * * * * *
136.500-136.875 MHz........... I................... MA, FAE.............................. Domestic VHF; 25
kHz channel
spacing.
136.850 MHz................... I................... DLT. ...................
136.900 MHz................... I................... MA, FAE, DLT......................... International and
Domestic VHF.
136.925 MHz................... I................... MA, FAE, DLT......................... International and
Domestic VHF.
136.950 MHz................... I................... MA, FAE, DLT......................... International and
Domestic VHF.
136.975 MHz................... I................... MA, FAE, DLT......................... International and
Domestic VHF.
[[Page 61207]]
* * * * * * *
1030.000 MHz.................. Q................... RLT. ...................
1090.000 MHz.................. L................... MOU, RLT............................. Vehicle Squitter.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
8. In part 87, revise the heading to subpart I to read as follows:
Subpart I--Aeronautical Enroute Stations, Aeronautical Fixed
Stations, and Aircraft Data Link Land Test Stations
0
9. Add an undesignated center heading ``AIRCRAFT DATA LINK LAND TEST
STATIONS'' after Sec. 87.279, in subpart I and add Sec. Sec. 87.285
and 87.287 to subpart I to read as follows:
Aircraft Data Link Land Test Stations
Sec. 87.285 Scope of service.
The frequencies indicated in Sec. 87.287 of this chapter may be
used to test aircraft data link systems on a secondary basis to other
licensed stations. Equipment must be designed so that it will engage in
data link exchange only with the aircraft whose identification has been
programmed into the device, and must comply with the applicable
specifications for VDL Mode 2 operation set forth in the ICAO ``Manual
on VHF Digital Link (VDL) Mode 2'' First Edition-2001, and RTCA DO-
281A,'' Minimum Operational Performance Standards for Aircraft VDL Mode
2 Physical, Link and Network Layer'', November 8, 2005. These documents
are incorporated by reference in accordance with 5 U.S.C. 552(a), and 1
CFR part 51 and approved by the Director of the Federal Register. The
RTCA document is available and may be obtained from RTCA, Inc., 1828 L
Street NW., Suite 805, Washington, DC 20036 and by email to
info@rtca.org or go to https://RTCA.org. The ICAO document is available
and may be obtained from the ICAO, Customer Services Unit, 999
University Street, Montr[eacute]al, Quebec H3C 5H7, Canada, by email to
icaohq@icao.int or go to: https://www.ICAO.int. You may inspect a copy
at the Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554, 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.
Sec. 87.287 Frequencies.
(a) The frequencies assignable to aircraft data link land test
stations are 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825 MHz,
136.850 MHz, 136.900 MHz, 136.925 MHz, 136.950 MHz, and 136.975 MHz.
Interstitial frequencies separated by 8.33 kilohertz from these
frequencies may also be assigned.
(b) Before submitting an application for an aircraft data link land
test station, an applicant must obtain written permission from the
licensee of the aeronautical enroute stations serving the areas in
which the aircraft data link land test station will operate on a co-
channel basis. The Commission may request an applicant to provide
documentation as to this fact.
0
10. Amend Sec. 87.349 by adding paragraph (f) to read as follows:
Sec. 87.349 Frequencies.
* * * * *
(f) The Commission will assign frequency 1090 MHz for use by
aeronautical utility mobile stations for ground vehicle identification
and collision avoidance after coordination with the FAA, subject to the
following conditions:
(1) The applicant must notify the appropriate Regional Office of
the FAA prior to submission to the Commission of an application for a
new station or for modification of an existing station. Each
application must include the FAA Regional Office notified and date of
notification.
(2) Eligibility is restricted to airport operators holding an FAA
Airport Operating Certificate, and other entities approved by the FAA
on a case-by-case basis to use frequency 1090 MHz for use by
aeronautical utility mobile stations for ground vehicle identification
and collision avoidance;
(3) No more than two hundred 1090 MHz aeronautical utility mobile
stations will be authorized at one airport;
(4) Licenses are limited to only those locations that are within
the vicinity of an FAA ASDE-X multilateration system or ADS-B
equipment, and/or where the primary purpose for seeking transmit
authorization is to provide surface data to aircraft and air traffic
control authorities.
(5) Message transmission rates are limited as indicated in the
table below:
----------------------------------------------------------------------------------------------------------------
ADS-B Message Rate when moving Rate when stationary
----------------------------------------------------------------------------------------------------------------
Surface Position Message (Types 5, 6, Every 0.4 to 0.6 Every 4.8 to 5.2 seconds.
7, 8). seconds.
Aircraft Operational Status (Type 31) Every 4.8 to 5.2 Every 4.8 to 5.2 seconds.
seconds.
Aircraft Identification and Type Every 4.8 to 5.2 Every 9.8 to 10.2 seconds.
(Type 2). seconds.
----------------------------------------------------------------------------------------------------------------
0
11. Amend Sec. 87.475 as follows:
0
a. Redesignating paragraph (b)(9), (b)(7) and (8) as paragraphs (b)(7),
(b)(8) and (9) respectively;
0
b. Adding new paragraphs (b)(10) through (b)(14); and
0
c. Revising paragraphs (c)(1) and (c)(2) introductory text .
Sec. 87.475 Frequencies.
* * * * *
(b) * * *
(10) 2700-2900 MHz: Non-Government land-based radars may be
licensed. U.S. Government coordination is required. Applicants must
demonstrate a need for the service which the Government is not prepared
to render.
(11) 5000-5250 MHz: This band is to be used for the operation of
the international standard system (microwave landing system).
(12) 9000-9200 MHz: This band is available to land-based radars.
Stations operating in this band may receive interference from stations
operating in the radiolocation service.
(13) 15,400-15,700 MHz: This band is available for use of land
stations associated with airborne electronic aids to air navigation.
(14) 24,250-25,250, 32,300-33,400 MHz: In these bands, land-based
[[Page 61208]]
radionavigation aids are permitted where they operate with airborne
radionavigation devices.
(c) Frequencies available for radionavigation land test stations.
(1) The frequencies set forth in Sec. Sec. 87.187(c), (e) through (j),
(r), (t), and (ff); and 87.475(b)(6) through (b)(11) may be assigned to
radionavigation land test stations for the testing of aircraft
transmitting equipment that normally operate on these frequencies and
for the testing of land-based receiving equipment that operate with
airborne radionavigation equipment.
(2) The frequencies available for assignment to radionavigation
land test stations for the testing of airborne receiving equipment are
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X
channel)/1104 MHz (Y channel) for DME; 978 MHz for Universal Access
Transceiver; 1030 MHz for air traffic control radar beacon
transponders; 1090 MHz for Traffic Alert and Collision Avoidance
Systems (TCAS); and 5031.0 MHz for microwave landing systems.
Additionally, the frequencies in paragraph (b) of this section may be
assigned to radionavigation land test stations after coordination with
the FAA. The following conditions apply:
* * * * *
0
12. Section 87.483 is added to subpart Q to read as follows:
Sec. 87.483 Audio visual warning systems.
An audio visual warning system (AVWS) is a radar-based obstacle
avoidance system. AVWS activates obstruction lighting and transmits VHF
audible warnings to alert pilots of potential collisions with land-
based obstructions. The AVWS operations are limited to locations where
natural and man-made obstructions exist. The continuously operating
radar calculates the location, direction and groundspeed of nearby
aircraft that enter one of two warning zones reasonably established by
the licensee. As aircraft enter the first warning zone, the AVWS
activates obstruction lighting. If the aircraft continues toward the
obstacle and enters the second warning zone, the VHF radio transmits an
audible warning describing the obstacle.
(a) Radiodetermination (radar) frequencies. Frequencies authorized
under Sec. 87.475(b)(8) of this chapter are available for use by an
AVWS. The frequency coordination requirements in Sec. 87.475(a) of
this chapter apply.
(b) VHF audible warning frequencies. Frequencies authorized under
Sec. 87.187(j), Sec. 87.217(a), Sec. 87.241(b), and Sec. 87.323(b)
(excluding 121.950 MHz) of this chapter are available for use by an
AVWS. Multiple frequencies may be authorized for an individual station,
depending on need and the use of frequencies assigned in the vicinity
of a proposed AVWS facility. Use of these frequencies is subject to the
following limitations:
(1) The output power shall not exceed -3 dBm watts for each
frequency authorized.
(2) The antenna used in transmitting the audible warnings must be
omnidirectional with a maximum gain equal to or lower than a half-wave
centerfed dipole above 30 degrees elevation, and a maximum gain of +5
dBi from horizontal up to 30 degrees elevation.
(3) The audible warning shall not exceed two seconds in duration.
No more than six audible warnings may be transmitted in a single
transmit cycle, which shall not exceed 12 seconds in duration. An
interval of at least twenty seconds must occur between transmit cycles.
[FR Doc. 2013-22500 Filed 10-2-13; 8:45 am]
BILLING CODE 6712-01-P