Amendment of the Commission's Rules To Facilitate the Use of Vehicular Repeater Units, 2106-2110 [2016-00220]
Download as PDF
<![CDATA[
2106
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
program funded under this part through
any electronic fund transaction in an
automated teller machine or point-ofsale device located in a place described
in section 408(a)(12) of the Act,
including a plan to ensure that
recipients of the assistance have
adequate access to their cash assistance;
and
(ii) Ensure that recipients of
assistance provided under the State
program funded under this part have
access to using or withdrawing
assistance with minimal fees or charges,
including an opportunity to access
assistance with no fee or charges, and
are provided information on applicable
fees and surcharges that apply to
electronic fund transactions involving
the assistance, and that such
information is made publicly available.
*
*
*
*
*
[FR Doc. 2016–00608 Filed 1–13–16; 8:45 am]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[PS Docket No. 13–229, FCC 15–103]
Amendment of the Commission’s
Rules To Facilitate the Use of
Vehicular Repeater Units
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document implements
certain changes to the rules governing
six remote control and telemetry
channels in the VHF band. We will
allow the licensing and operation of
vehicular repeater systems (VRS) and
other mobile repeaters on these
channels. In addition, we revise and
update the technical rules for these
channels to allow greater use of VRS
systems while providing protection for
incumbent telemetry users who rely on
these frequencies for control of critical
infrastructure systems.
DATES: Effective March 15, 2016, except
for the addition of § 90.175(b)(4),
containing new or modified information
collection requirements that require
approval by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995, which will
become effective after such approval, on
the effective date specified in a notice
that the Commission publishes in the
Federal Register announcing such
approval and effective date.
FOR FURTHER INFORMATION CONTACT:
Roberto Mussenden, Policy and
Lhorne on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:13 Jan 14, 2016
Jkt 238001
Licensing Division, Public Safety and
Homeland Security Bureau, (202) 418–
1428. For additional information
concerning the information collection
requirements contained in this
document, send an email to PRA@
fcc.gov or contact Nicole Ongele, Office
of Managing Director, Performance
Evaluation and Records Management,
202–418–2991, or by email to
Nicole.Ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in PS Docket No. 13–229,
FCC 15–103, released on August 10,
2015 and Clarification Order in PS
Docket No. 13–229, FCC 15–165,
released on December 11, 2015. These
documents are available for download at
https://fjallfoss.fcc.gov/edocs_public/.
The complete text of these documents
are also 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.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
FCC504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
In 2013, the Commission’s Notice of
Proposed Rulemaking (NPRM) sought
comment on whether to make additional
spectrum available to support mobile
repeater capability. The Commission
declined to seek comment on VRS
operations on nine channels in the 170–
172 MHz band, but proposed to allow
mobile repeater use on six telemetry
channels in the 173 MHz band. In
addition, the Commission sought
comment on whether other spectrum
bands or frequencies could also be used
for public safety mobile repeater
operations; whether to allow Industrial/
Business use of mobile repeater stations
on these channels; whether to impose
bandwidth restrictions on these
frequencies; whether frequency
coordination could protect telemetry
users from interference; whether to
allow wide-area mobile repeater
operations on these frequencies; and
whether to allow VRS units to exceed
the 2 watt power limit that applies to
these channels.
In the Report and Order the
Commission decides to allow all users
of these channels—including telemetry
licensees—to operate using 11.25 kHz
bandwidth. In addition, we will make
these six telemetry channels co-primary
with adjacent channel land mobile
operations and remove the restrictions
on omni-directional antennas, fixed
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
station power limits and antenna
heights for telemetry stations. The
Commission also decides that the only
way to accommodate both telemetry and
VRS on these frequencies is through
frequency coordination to both ensure
geographic separation as well as
minimizing the risk of commingling
voice and data operations. However,
since no party provided the Commission
with a specific coordination protocol, it
directs the coordinator community to
develop a consensus protocol for VRS
coordination. The Commission also
decides to only allow area-wide or statewide authorizations on a secondary
basis. The Commission imposes loading
requirements for licensees seeking to
license mobile repeaters on these
frequencies. The Commission allows
VRS to operate with 5 watts ERP but
declines to increase the 2-watt power
limit for telemetry and remote control
use. As a result of our decision to allow
the licensing of VRS units on these
frequencies, we dismiss as moot several
requests for waiver filed during the
pendency of this rulemaking. On
December 11, 2015, the Commission
released a Clarification Order to ensure
that the Commission’s rules aligned
with the text of the August Report and
Order.
Procedural Matters
A. Final Regulatory Flexibility Analysis
The Final Regulatory Flexibility
Analysis required by section 604 of the
Regulatory Flexibility Act, 5 U.S.C. 604,
is included in Appendix B of the Report
and Order.
B. Paperwork Reduction Act of 1995
Analysis
This document contains new
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
will be submitted to the Office of
Management and Budget (OMB) for
review under 3507(d) of the PRA. OMB,
the general public, and other Federal
agencies will be invited to comment on
the new information collection
requirements contained in this
proceeding. In addition, we note that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we previously sought specific comment
on how the Commission might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.
The actions taken in the Report and
Order in PS Docket No. 13–229 have
been analyzed with respect to the
Paperwork Reduction Act of 1995, Pub.
E:\FR\FM\15JAR1.SGM
15JAR1
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
L. 104–13, and found to impose new or
modified recordkeeping requirements or
burdens on the public.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
C. Congressional Review Act
There were no comments filed that
specifically addressed the rules and
policies proposed in the IRFA.
The Commission will send a copy of
this Report and Order to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated into the NPRM of this
proceeding. The Commission sought
written public comment on the IRFA.
The RFA requires that an agency
prepare a regulatory flexibility analysis
for notice-and-comment rulemaking
proceedings, unless the agency certifies
that ‘‘the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.’’
The RFA generally defines ‘‘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). The present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Lhorne on DSK5TPTVN1PROD with RULES
A. Need for, and Objectives of, the
Proposed Rules
In the Report and Order, we amend
the Commission’s rules we amend the
Commission’s Rules to allow the
licensing and operation of vehicular
repeater systems (VRS) and other mobile
repeaters on six remote control and
telemetry channels in the VHF band.
The rule changes adopted are intended
to promote flexible and efficient use of
these channels. In order to achieve these
objectives, we:
• Allow the use of mobile repeaters
on the following six telemetry channels:
173.2375, 173.2625, 173.2875, 173.3125,
173.3375, and 173.3625 MHz.
• Allow the use of bandwidths up to
11.25 kHz on these channels.
• Require frequency coordination for
applications seeking primary status on
these frequencies.
• Limit applicants to a license a
maximum of three channels on a
primary basis
VerDate Sep<11>2014
15:13 Jan 14, 2016
Jkt 238001
C. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
The RFA directs agencies to provide
a description of and, where feasible, an
estimate of the number of small entities
that may be affected by the proposed
rules, if adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
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 SBA.
Public Safety Radio Licensees. As a
general matter, Public Safety Radio
Licensees include police, fire, local
government, forestry conservation,
highway maintenance, and emergency
medical services. For the purpose of
determining whether a Public Safety
Radio Licensee is a small business as
defined by the SBA, we use the broad
census category, Wireless
Telecommunications Carriers (except
Satellite). This definition provides that
a small entity is any such entity
employing no more than 1,500 persons.
For this category, census data for 2007
show that there were 11,163
establishments that operated for the
entire year. Of this total, 10,791
establishments had employment of 999
or fewer employees and 372 had
employment of 1000 employees or
more. The Commission does not require
Public Safety Radio Licensees to
disclose information about number of
employees, so the Commission does not
have information that could be used to
determine how many Public Safety
Radio licensees constitute small entities
under this definition. Nonetheless, the
Commission estimates that the majority
of Public Safety Radio Licensees are
small entities.
Private Land Mobile Radio Licensees.
The Private land mobile radio (PLMR)
systems serve an essential role in a vast
range of industrial, business, land
transportation, and public safety
activities. These radios are used by
companies of all sizes operating in all
U.S. business categories. Because of the
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
2107
vast array of PLMR users, the
Commission has not developed a small
business size standard specifically
applicable to PLMR users. The SBA
rules, however, contain a definition for
Wireless Telecommunications Carriers
(except Satellite) which encompasses
business entities engaged in
radiotelephone communications
employing no more than 1,500 persons.
According to the Commission’s records,
there are a total of 3,374 licenses in the
frequencies range 173.225 MHz to
173.375 MHz, which is the range
affected by this NPRM. Despite the lack
of specific information, however, the
Commission believes that a substantial
number of PLMR licensees may be small
entities.
Frequency Coordinators. Neither the
Commission nor the SBA has developed
a small business size standard
specifically applicable to spectrum
frequency coordinators. There are nine
frequency coordinators certified by the
Commission to coordinate frequencies
allocated for public safety use. The
Commission has not developed a small
business size standard specifically
applicable to frequency coordinators.
The SBA rules, however, contain a
definition for Wireless
Telecommunications Carriers (except
Satellite) which encompasses business
entities engaged in radiotelephone
communications employing no more
than 1,500 persons. Under this category
and size standard, we estimate that a
majority of frequency coordinators can
be considered small.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
This Report and Order adopts a rule
that will entail reporting, recordkeeping,
and/or third-party consultation.
Specifically, the Report and Order
requires applicants for mobile repeater
authorizations receive frequency
coordination prior to filing a license
application with the Commission. While
the preparation of an application does
not require the hiring of professionals,
frequency coordinators do charge a fee
for their services. Therefore, licensees
will incur a one-time burden each time
an application is filed with the
Commission. The estimated burden and
cost levels are described in more detail
in the supporting statement for OMB
3060–1198, ICR Ref. No. 201404–30.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
E:\FR\FM\15JAR1.SGM
15JAR1
2108
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
approach, which may include the
following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
The Report and Order adopts changes
to the rules covering operation on six
telemetry channels in the 173 MHz
band. In formulating rule changes in the
Report and Order, we strived to promote
efficient use of spectrum.
The Report and Order requires
applicants obtain frequency
coordination prior to filing a license
application with the Commission. Given
the Commission’s previous reliance on
frequency coordination as a mechanism
to minimize the occurrence of harmful
interference, we did not consider other
alternatives to frequency coordination.
In addition, we note that there are no
methods by which to reduce the burden
of frequency coordination on smaller
entities. The Report and Order
concludes that the benefits of frequency
coordination outweigh any potential
economic burden associated with
frequency coordination.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
G. Report to Congress
The Commission will send a copy of
the Report and Order, including the
FRFA, in a report to be sent to Congress
pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996. In addition, the Commission will
send a copy of the Report and Order,
including this FRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Ordering Clauses
Accordingly, it is ordered that,
pursuant to sections 1, 4(i), 303, 316,
332 and 337 of the Communications Act
of 1934, as amended, 47 U.S.C. 151,
154(i), 303, 316, 332 and 337, the Report
and Order is hereby adopted.
It is further ordered that the
amendments of the Commission’s rules
as set forth in Appendix B of the Report
and Order are adopted, effective
February 16, 2016, except for those rules
and requirements in Section 90.175
containing new or modified information
collection requirements that require
approval by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995, which will
become effective after such approval, on
the effective date specified in a notice
that the Commission publishes in the
Federal Register announcing such
approval and effective date.
It is further ordered that, pursuant to
Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
and Section 1.925(b)(3) of the
Commission’s rules, 47 CFR 1.925(b)(3),
the Request for Waiver filed by the
Washington Metropolitan Area Transit
Authority on June 18, 2013, is dismissed
as moot.
It is further ordered that, pursuant to
Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
and Section 1.925(b)(3) of the
Commission’s rules, 47 CFR 1.925(b)(3),
the Modification Application and
associated Request for Waiver filed by
Trinity County, California on January
31, 2014 are dismissed.
It is further ordered that, pursuant to
Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
and Section 1.925(b)(3) of the
Commission’s rules, 47 CFR 1.925(b)(3),
the Application and associated Request
for Waiver filed by Williams County
Sheriff’s Department on December 26,
2013, are dismissed.
It is further ordered that, pursuant to
Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
and Section 1.925(b)(3) of the
Commission’s rules, 47 CFR 1.925(b)(3),
the Application and associated Request
for Waiver filed by Panhandle Regional
Planning Commission on August 5,
2013, are dismissed.
It is further ordered that the
Commission shall send a copy of the
Report and Order in a report to be sent
to Congress and the General Accounting
Office pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
■
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of
the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112–96, 126 Stat. 156.
2. Amend § 90.20:
a. In the table in paragraph (c)(3) by
revising the entries for 173.2375,
173.2625, 173, 2875, 173.3125,
173.3375, and 173.3625; and
■ b. By adding paragraphs (d)(90)
through (93).
The revisions and additions read as
follows:
■
■
§ 90.20
*
Public Safety Pool.
*
*
(c) * * *
(3) * * *
*
*
PUBLIC SAFETY POOL FREQUENCY TABLE
Frequency or band
*
Class of station(s)
*
Limitations
*
*
Coordinator
*
*
*
*
PX.
PX.
PX.
PX.
PX.
PX.
*
Megahertz
Lhorne on DSK5TPTVN1PROD with RULES
*
173.2375
173.2625
173.2875
173.3125
173.3375
173.3625
*
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
VerDate Sep<11>2014
15:13 Jan 14, 2016
......do
......do
......do
......do
......do
......do
Jkt 238001
*
*
*
............................................ 90, 91, 92, 93 ................................
............................................ 90, 91, 92, 93 ................................
............................................ 90, 91, 92, 93 ................................
............................................ 90, 91, 92, 93 ................................
............................................ 90, 91, 92, 93 ................................
............................................ 90, 91, 92, 93 ................................
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
E:\FR\FM\15JAR1.SGM
15JAR1
2109
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
PUBLIC SAFETY POOL FREQUENCY TABLE—Continued
Frequency or band
*
Class of station(s)
*
Limitations
*
(d) * * *
(90) The maximum effective radiated
power (ERP) may not exceed 2 watts for
mobile stations, and 5 watts for mobile
repeater stations and hand-carried
transmitters that communicate directly
with mobile repeater stations.
(91) This frequency is available on a
shared basis both for remote control and
telemetry operations and for mobile
repeater operations. The authorized
bandwidth may not exceed 11.25 kHz.
(92) This frequency is available on a
shared basis with the Industrial/
Business Pool for remote control and
telemetry operations. Licensees seeking
primary status for the use of this
frequency for mobile repeater stations
and hand-carried transmitters that
communicate directly with mobile
repeater stations must describe the area
*
Coordinator
*
of normal day-to-day operations either
in terms of operation in a specific
county or in the terms of maximum
distance from a geographic center
(latitude and longitude) and shall be
subject to the frequency coordination
requirements of § 90.175.
(93) Mobile repeaters operating on
this frequency are subject to a channel
loading requirement of 50 transmitterreceivers. Loading standards will be
applied in terms of the number of units
actually in use or to be placed in use
within 8 months following
authorization. A licensee will be
required to show that an assigned
frequency is at full capacity before it
may be assigned a second or additional
frequency. Channel capacity may be
reached either by the requirements of a
*
*
single licensee or by several users
sharing a channel. Until a channel is
loaded to capacity it will be available
for assignment to other users in the
same area.
*
*
*
*
*
■ 3. Amend § 90.35:
■ a. In the table in paragraph (b)(3) by
revising the entries for 173.2375,
173.2625, 173.2875, 173.3125, 173.3375,
and 173.3625; and
■ b. By adding paragraphs (c)(92)
through (95).
The revisions and additions read as
follows:
§ 90.35
*
Industrial/Business Pool.
*
*
(b) * * *
(3) * * *
*
*
INDUSTRIAL BUSINESS POOL FREQUENCY TABLE
Frequency or band
*
Class of station(s)
*
Limitations
*
*
Coordinator
*
*
*
Megahertz
*
*
173.2375 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
173.2625 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
173.2875 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
173.3125 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
173.3375 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
173.3625 .......................................
*
*
Fixed or mobile ............................. 92, 93, 94, 95.
*
*
*
*
*
*
Lhorne on DSK5TPTVN1PROD with RULES
*
*
*
(c) * * *
(92) This frequency is available on a
shared basis both for remote control and
telemetry operations and for mobile
repeater operations. The authorized
bandwidth may not exceed 11.25 kHz.
(93) This frequency is available on a
shared basis with the Public Safety Pool
for remote control and telemetry
operations. In cases where § 90.35(c)(95)
applies to this frequency, licensees
seeking primary status for the use of this
frequency for mobile repeater stations
VerDate Sep<11>2014
15:13 Jan 14, 2016
Jkt 238001
*
and hand-carried transmitters that
communicate directly with mobile
repeater stations must describe the area
of normal day-to-day operations either
in terms of operation in a specific
county or in the terms of maximum
distance from a geographic center
(latitude and longitude) and shall be
subject to the frequency coordination
requirements of § 90.175.
(94) Mobile repeaters operating on
this frequency are subject to a channel
loading requirement of 50 transmitter-
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
receivers. Loading standards will be
applied in terms of the number of units
actually in use or to be placed in use
within 8 months following
authorization. A licensee will be
required to show that an assigned
frequency pair is at full capacity before
it may be assigned a second or
additional frequency. Channel capacity
may be reached either by the
requirements of a single licensee or by
several users sharing a channel. Until a
channel is loaded to capacity it will be
E:\FR\FM\15JAR1.SGM
15JAR1
2110
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
available for assignment to other users
in the same area.
(95) The maximum effective radiated
power (ERP) may not exceed 2 watts for
mobile stations, and 5 watts for mobile
repeater stations and hand-carried
transmitters that communicate directly
with mobile repeater stations.
*
*
*
*
*
■ 4. Section 90.175 is amended by
adding paragraph (b)(4) to read as
follows:
§ 90.175 Frequency coordinator
requirements.
*
*
*
*
*
(b) * * *
(4) For any application for mobile
repeater station operations on
frequencies denoted by both
§ 90.20(d)(90) and (92), or by both
§ 90.35(c)(93) and (95) the frequency
coordinator responsible for the
application must determine and
disclose to the applicant the call signs
and the service areas of all active cochannel incumbent remote control and
telemetry stations inside the applicant’s
proposed area of operation by adding a
special condition to the application,
except when the applicant has obtained
written concurrence from an affected
incumbent licensee, or when the
applicant and the incumbent licensee
are the same entity.
*
*
*
*
*
[FR Doc. 2016–00220 Filed 1–14–16; 8:45 am]
Lhorne on DSK5TPTVN1PROD with RULES
BILLING CODE 6712–01–P
VerDate Sep<11>2014
15:13 Jan 14, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–BE71
International Fisheries; Pacific Tuna
Fisheries; 2016 Commercial Pacific
Bluefin Tuna Catch Limit in the Eastern
Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of 2016
Commercial Pacific bluefin tuna catch
limit.
AGENCY:
NMFS is announcing that the
Pacific bluefin tuna catch limit
applicable to U.S. commercial fishing
vessels in the eastern Pacific Ocean
(EPO) in 2016 is 425 metric tons (mt).
This notice is necessary to inform
fishery participants of the catch limit
established in a final rule published on
July 8, 2015.
DATES: The catch limit is effective
February 14, 2016, through 11:59 p.m.
local time December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS West Coast Region,
562–432–1850.
SUPPLEMENTARY INFORMATION: The
United States is a member of the InterAmerican Tropical Tuna Commission
(IATTC), which was established under
the Convention for the Establishment of
an Inter-American Tropical Tuna
Commission (Convention) signed in
1949. The Convention is an
international agreement that, among
other matters, serves as a framework for
international conservation and
management of highly migratory species
of fish in the IATTC Convention Area.
Fishing for tuna in the EPO is
managed, in part, under the Tuna
Conventions Act of 1950 (Act), as
amended. Under the Act, NMFS must
publish regulations to carry out
SUMMARY:
PO 00000
Frm 00044
Fmt 4700
Sfmt 9990
recommendations of the IATTC.
Regulations governing fishing by U.S.
vessels in accordance with the Act
appear at 50 CFR part 300, subpart C,
and these regulations implement IATTC
recommendations for the conservation
and management of highly migratory
fish resources in the EPO.
In 2014, the IATTC adopted
Resolution C–14–06 (Measures for the
Conservation and Management of
Pacific Bluefin Tuna in the Eastern
Pacific Ocean, 2015–2016), which
establishes catch and trip limits of
Pacific bluefin tuna applicable to U.S.
commercial fishing vessels in 2015 and
2016. NMFS implemented this
resolution by notice-and-comment
rulemaking under the Act (80 FR 38986,
July 8, 2015, and codified at 50 CFR
300.25). According to the regulations at
50 CFR 300.25(h)(2)(i), if 175 mt or less
are caught in 2015, as determined by
NMFS, then the 2016 catch limit is 425
mt.
NMFS, through landings data and
other available information, has
determined that U.S. commercial
vessels in the EPO have caught less than
175 mt of PBF in 2015; preliminary
estimates indicate total landings to be
approximately 96 mt. In accordance
with 50 CFR 300.25(h), this Federal
Register notice announces that a 425 mt
catch limit for Pacific bluefin tuna
applies to U.S. commercial fishing
vessels in the EPO through the end of
the 2016 calendar year.
As a reminder, in accordance with 50
CFR 300.25(h), a trip limit of 25 mt per
vessel applies. When NMFS anticipates
that the total catch for the U.S. fleet has
reached 375 mt, NMFS will impose a 2
mt trip limit until 425 mt have been
caught and the fishery is closed.
Authority: 16 U.S.C. 951 et seq.
Dated: January 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–00738 Filed 1–14–16; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2106-2110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00220]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 13-229, FCC 15-103]
Amendment of the Commission's Rules To Facilitate the Use of
Vehicular Repeater Units
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document implements certain changes to the rules
governing six remote control and telemetry channels in the VHF band. We
will allow the licensing and operation of vehicular repeater systems
(VRS) and other mobile repeaters on these channels. In addition, we
revise and update the technical rules for these channels to allow
greater use of VRS systems while providing protection for incumbent
telemetry users who rely on these frequencies for control of critical
infrastructure systems.
DATES: Effective March 15, 2016, except for the addition of Sec.
90.175(b)(4), containing new or modified information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act of 1995, which will become
effective after such approval, on the effective date specified in a
notice that the Commission publishes in the Federal Register announcing
such approval and effective date.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and
Licensing Division, Public Safety and Homeland Security Bureau, (202)
418-1428. For additional information concerning the information
collection requirements contained in this document, send an email to
PRA@fcc.gov or contact Nicole Ongele, Office of Managing Director,
Performance Evaluation and Records Management, 202-418-2991, or by
email to Nicole.Ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in PS Docket No. 13-229, FCC 15-103, released on August 10,
2015 and Clarification Order in PS Docket No. 13-229, FCC 15-165,
released on December 11, 2015. These documents are available for
download at https://fjallfoss.fcc.gov/edocs_public/. The complete text
of these documents are also 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. To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an email to
FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
In 2013, the Commission's Notice of Proposed Rulemaking (NPRM)
sought comment on whether to make additional spectrum available to
support mobile repeater capability. The Commission declined to seek
comment on VRS operations on nine channels in the 170-172 MHz band, but
proposed to allow mobile repeater use on six telemetry channels in the
173 MHz band. In addition, the Commission sought comment on whether
other spectrum bands or frequencies could also be used for public
safety mobile repeater operations; whether to allow Industrial/Business
use of mobile repeater stations on these channels; whether to impose
bandwidth restrictions on these frequencies; whether frequency
coordination could protect telemetry users from interference; whether
to allow wide-area mobile repeater operations on these frequencies; and
whether to allow VRS units to exceed the 2 watt power limit that
applies to these channels.
In the Report and Order the Commission decides to allow all users
of these channels--including telemetry licensees--to operate using
11.25 kHz bandwidth. In addition, we will make these six telemetry
channels co-primary with adjacent channel land mobile operations and
remove the restrictions on omni-directional antennas, fixed station
power limits and antenna heights for telemetry stations. The Commission
also decides that the only way to accommodate both telemetry and VRS on
these frequencies is through frequency coordination to both ensure
geographic separation as well as minimizing the risk of commingling
voice and data operations. However, since no party provided the
Commission with a specific coordination protocol, it directs the
coordinator community to develop a consensus protocol for VRS
coordination. The Commission also decides to only allow area-wide or
state-wide authorizations on a secondary basis. The Commission imposes
loading requirements for licensees seeking to license mobile repeaters
on these frequencies. The Commission allows VRS to operate with 5 watts
ERP but declines to increase the 2-watt power limit for telemetry and
remote control use. As a result of our decision to allow the licensing
of VRS units on these frequencies, we dismiss as moot several requests
for waiver filed during the pendency of this rulemaking. On December
11, 2015, the Commission released a Clarification Order to ensure that
the Commission's rules aligned with the text of the August Report and
Order.
Procedural Matters
A. Final Regulatory Flexibility Analysis
The Final Regulatory Flexibility Analysis required by section 604
of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in
Appendix B of the Report and Order.
B. Paperwork Reduction Act of 1995 Analysis
This document contains new information collection requirements
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It will be submitted to the Office of Management and Budget (OMB)
for review under 3507(d) of the PRA. OMB, the general public, and other
Federal agencies will be invited to comment on the new information
collection requirements contained in this proceeding. In addition, we
note that pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
The actions taken in the Report and Order in PS Docket No. 13-229
have been analyzed with respect to the Paperwork Reduction Act of 1995,
Pub.
[[Page 2107]]
L. 104-13, and found to impose new or modified recordkeeping
requirements or burdens on the public.
C. Congressional Review Act
The Commission will send a copy of this Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM
of this proceeding. The Commission sought written public comment on the
IRFA. The RFA requires that an agency prepare a regulatory flexibility
analysis for notice-and-comment rulemaking proceedings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' The RFA generally defines ``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). The present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
In the Report and Order, we amend the Commission's rules we amend
the Commission's Rules to allow the licensing and operation of
vehicular repeater systems (VRS) and other mobile repeaters on six
remote control and telemetry channels in the VHF band. The rule changes
adopted are intended to promote flexible and efficient use of these
channels. In order to achieve these objectives, we:
Allow the use of mobile repeaters on the following six
telemetry channels: 173.2375, 173.2625, 173.2875, 173.3125, 173.3375,
and 173.3625 MHz.
Allow the use of bandwidths up to 11.25 kHz on these
channels.
Require frequency coordination for applications seeking
primary status on these frequencies.
Limit applicants to a license a maximum of three channels
on a primary basis
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
There were no comments filed that specifically addressed the rules
and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' 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 SBA.
Public Safety Radio Licensees. As a general matter, Public Safety
Radio Licensees include police, fire, local government, forestry
conservation, highway maintenance, and emergency medical services. For
the purpose of determining whether a Public Safety Radio Licensee is a
small business as defined by the SBA, we use the broad census category,
Wireless Telecommunications Carriers (except Satellite). This
definition provides that a small entity is any such entity employing no
more than 1,500 persons. For this category, census data for 2007 show
that there were 11,163 establishments that operated for the entire
year. Of this total, 10,791 establishments had employment of 999 or
fewer employees and 372 had employment of 1000 employees or more. The
Commission does not require Public Safety Radio Licensees to disclose
information about number of employees, so the Commission does not have
information that could be used to determine how many Public Safety
Radio licensees constitute small entities under this definition.
Nonetheless, the Commission estimates that the majority of Public
Safety Radio Licensees are small entities.
Private Land Mobile Radio Licensees. The Private land mobile radio
(PLMR) systems serve an essential role in a vast range of industrial,
business, land transportation, and public safety activities. These
radios are used by companies of all sizes operating in all U.S.
business categories. Because of the vast array of PLMR users, the
Commission has not developed a small business size standard
specifically applicable to PLMR users. The SBA rules, however, contain
a definition for Wireless Telecommunications Carriers (except
Satellite) which encompasses business entities engaged in
radiotelephone communications employing no more than 1,500 persons.
According to the Commission's records, there are a total of 3,374
licenses in the frequencies range 173.225 MHz to 173.375 MHz, which is
the range affected by this NPRM. Despite the lack of specific
information, however, the Commission believes that a substantial number
of PLMR licensees may be small entities.
Frequency Coordinators. Neither the Commission nor the SBA has
developed a small business size standard specifically applicable to
spectrum frequency coordinators. There are nine frequency coordinators
certified by the Commission to coordinate frequencies allocated for
public safety use. The Commission has not developed a small business
size standard specifically applicable to frequency coordinators. The
SBA rules, however, contain a definition for Wireless
Telecommunications Carriers (except Satellite) which encompasses
business entities engaged in radiotelephone communications employing no
more than 1,500 persons. Under this category and size standard, we
estimate that a majority of frequency coordinators can be considered
small.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
This Report and Order adopts a rule that will entail reporting,
recordkeeping, and/or third-party consultation. Specifically, the
Report and Order requires applicants for mobile repeater authorizations
receive frequency coordination prior to filing a license application
with the Commission. While the preparation of an application does not
require the hiring of professionals, frequency coordinators do charge a
fee for their services. Therefore, licensees will incur a one-time
burden each time an application is filed with the Commission. The
estimated burden and cost levels are described in more detail in the
supporting statement for OMB 3060-1198, ICR Ref. No. 201404-30.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its
[[Page 2108]]
approach, which may include the following four alternatives (among
others): (1) The establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) the clarification, consolidation, or
simplification of compliance or reporting requirements under the rule
for small entities; (3) the use of performance, rather than design,
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for small entities.
The Report and Order adopts changes to the rules covering operation
on six telemetry channels in the 173 MHz band. In formulating rule
changes in the Report and Order, we strived to promote efficient use of
spectrum.
The Report and Order requires applicants obtain frequency
coordination prior to filing a license application with the Commission.
Given the Commission's previous reliance on frequency coordination as a
mechanism to minimize the occurrence of harmful interference, we did
not consider other alternatives to frequency coordination. In addition,
we note that there are no methods by which to reduce the burden of
frequency coordination on smaller entities. The Report and Order
concludes that the benefits of frequency coordination outweigh any
potential economic burden associated with frequency coordination.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
G. Report to Congress
The Commission will send a copy of the Report and Order, including
the FRFA, in a report to be sent to Congress pursuant to the Small
Business Regulatory Enforcement Fairness Act of 1996. In addition, the
Commission will send a copy of the Report and Order, including this
FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.
Ordering Clauses
Accordingly, it is ordered that, pursuant to sections 1, 4(i), 303,
316, 332 and 337 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 303, 316, 332 and 337, the Report and Order is
hereby adopted.
It is further ordered that the amendments of the Commission's rules
as set forth in Appendix B of the Report and Order are adopted,
effective February 16, 2016, except for those rules and requirements in
Section 90.175 containing new or modified information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act of 1995, which will become
effective after such approval, on the effective date specified in a
notice that the Commission publishes in the Federal Register announcing
such approval and effective date.
It is further ordered that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request
for Waiver filed by the Washington Metropolitan Area Transit Authority
on June 18, 2013, is dismissed as moot.
It is further ordered that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the
Modification Application and associated Request for Waiver filed by
Trinity County, California on January 31, 2014 are dismissed.
It is further ordered that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the
Application and associated Request for Waiver filed by Williams County
Sheriff's Department on December 26, 2013, are dismissed.
It is further ordered that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the
Application and associated Request for Waiver filed by Panhandle
Regional Planning Commission on August 5, 2013, are dismissed.
It is further ordered that the Commission shall send a copy of the
Report and Order in a report to be sent to Congress and the General
Accounting Office pursuant to the Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
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 Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
2. Amend Sec. 90.20:
0
a. In the table in paragraph (c)(3) by revising the entries for
173.2375, 173.2625, 173, 2875, 173.3125, 173.3375, and 173.3625; and
0
b. By adding paragraphs (d)(90) through (93).
The revisions and additions read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) * * *
Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Megahertz
* * * * * * *
173.2375............................. ......do............... 90, 91, 92, 93......... PX.
173.2625............................. ......do............... 90, 91, 92, 93......... PX.
173.2875............................. ......do............... 90, 91, 92, 93......... PX.
173.3125............................. ......do............... 90, 91, 92, 93......... PX.
173.3375............................. ......do............... 90, 91, 92, 93......... PX.
173.3625............................. ......do............... 90, 91, 92, 93......... PX.
[[Page 2109]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) * * *
(90) The maximum effective radiated power (ERP) may not exceed 2
watts for mobile stations, and 5 watts for mobile repeater stations and
hand-carried transmitters that communicate directly with mobile
repeater stations.
(91) This frequency is available on a shared basis both for remote
control and telemetry operations and for mobile repeater operations.
The authorized bandwidth may not exceed 11.25 kHz.
(92) This frequency is available on a shared basis with the
Industrial/Business Pool for remote control and telemetry operations.
Licensees seeking primary status for the use of this frequency for
mobile repeater stations and hand-carried transmitters that communicate
directly with mobile repeater stations must describe the area of normal
day-to-day operations either in terms of operation in a specific county
or in the terms of maximum distance from a geographic center (latitude
and longitude) and shall be subject to the frequency coordination
requirements of Sec. 90.175.
(93) Mobile repeaters operating on this frequency are subject to a
channel loading requirement of 50 transmitter-receivers. Loading
standards will be applied in terms of the number of units actually in
use or to be placed in use within 8 months following authorization. A
licensee will be required to show that an assigned frequency is at full
capacity before it may be assigned a second or additional frequency.
Channel capacity may be reached either by the requirements of a single
licensee or by several users sharing a channel. Until a channel is
loaded to capacity it will be available for assignment to other users
in the same area.
* * * * *
0
3. Amend Sec. 90.35:
0
a. In the table in paragraph (b)(3) by revising the entries for
173.2375, 173.2625, 173.2875, 173.3125, 173.3375, and 173.3625; and
0
b. By adding paragraphs (c)(92) through (95).
The revisions and additions read as follows:
Sec. 90.35 Industrial/Business Pool.
* * * * *
(b) * * *
(3) * * *
Industrial Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Megahertz
* * * * * * *
173.2375............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
173.2625............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
173.2875............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
173.3125............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
173.3375............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
173.3625............................. Fixed or mobile........ 92, 93, 94, 95.........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(c) * * *
(92) This frequency is available on a shared basis both for remote
control and telemetry operations and for mobile repeater operations.
The authorized bandwidth may not exceed 11.25 kHz.
(93) This frequency is available on a shared basis with the Public
Safety Pool for remote control and telemetry operations. In cases where
Sec. 90.35(c)(95) applies to this frequency, licensees seeking primary
status for the use of this frequency for mobile repeater stations and
hand-carried transmitters that communicate directly with mobile
repeater stations must describe the area of normal day-to-day
operations either in terms of operation in a specific county or in the
terms of maximum distance from a geographic center (latitude and
longitude) and shall be subject to the frequency coordination
requirements of Sec. 90.175.
(94) Mobile repeaters operating on this frequency are subject to a
channel loading requirement of 50 transmitter-receivers. Loading
standards will be applied in terms of the number of units actually in
use or to be placed in use within 8 months following authorization. A
licensee will be required to show that an assigned frequency pair is at
full capacity before it may be assigned a second or additional
frequency. Channel capacity may be reached either by the requirements
of a single licensee or by several users sharing a channel. Until a
channel is loaded to capacity it will be
[[Page 2110]]
available for assignment to other users in the same area.
(95) The maximum effective radiated power (ERP) may not exceed 2
watts for mobile stations, and 5 watts for mobile repeater stations and
hand-carried transmitters that communicate directly with mobile
repeater stations.
* * * * *
0
4. Section 90.175 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(b) * * *
(4) For any application for mobile repeater station operations on
frequencies denoted by both Sec. 90.20(d)(90) and (92), or by both
Sec. 90.35(c)(93) and (95) the frequency coordinator responsible for
the application must determine and disclose to the applicant the call
signs and the service areas of all active co-channel incumbent remote
control and telemetry stations inside the applicant's proposed area of
operation by adding a special condition to the application, except when
the applicant has obtained written concurrence from an affected
incumbent licensee, or when the applicant and the incumbent licensee
are the same entity.
* * * * *
[FR Doc. 2016-00220 Filed 1-14-16; 8:45 am]
BILLING CODE 6712-01-P
