Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands, 66830-66833 [2016-22432]
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The community
listed in this document no longer meet
that statutory requirement for
compliance with program regulations,
44 CFR part 59. Accordingly, the
community will be suspended on the
effective date in the third column. As of
that date, flood insurance will no longer
be available in the community. We
recognize that this community may
adopt and submit the required
documentation of legally enforceable
floodplain management measures after
this rule is published but prior to the
actual suspension date. This community
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA published a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in this community. The
date of the FIRM is indicated in the
fourth column of the table. No direct
Federal financial assistance (except
assistance pursuant to the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
Community
No.
State and location
Region III
Virginia: Louisa County, Unincorporated
Areas.
510092
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
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SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the community listed on the date shown
in the last column. The Administrator
finds that notice and public comment
procedures under 5 U.S.C. 553(b), are
impracticable and unnecessary because
the community listed in this final rule
has been adequately notified. In
accordance with 44 CFR 59.24(d), the
community received a 30-day
notification letter addressed to the Chief
Executive Officer stating that the
community will be suspended unless
the required floodplain management
measures are met prior to the effective
suspension date. Since these
notifications were made, this final rule
may take effect within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded per
the requirements of FEMA Instruction
108–1–1 and DHS Instruction 023–01–
001–01. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The community
Dated: September 16, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation,
Federal Insurance Mitigation Administration,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2016–23459 Filed 9–28–16; 8:45 am]
BILLING CODE 9110–12–P
Jkt 238001
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
March 1, 1972; Emergency; June 1,
1989; Reg; October 31, 2016; Susp.
November 5, 1997.
FEDERAL COMMUNICATIONS
COMMISSION
[PS Docket No. 13–87; PS Docket No. 06–
229, WT Docket No. 96–86, RM–11433 and
RM- 11577, FCC 16–111]
Service Rules Governing Narrowband
Operations in the 769–775/799–805
MHz Bands
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ACTION:
Date certain
Federal
assistance
no longer available
in SHFAs
October 31, 2016.
Final rule.
In this Order on
Reconsideration, the Federal
Communications Commission
(Commission) provides more flexibility
to radio equipment manufacturers
interested in the marketing and sale of
700 MHz equipment to public safety
agencies by revising the Commission’s
rules and providing more time for
interoperability testing of equipment
designed to operate on the 700 MHz
narrowband interoperability channels.
SUMMARY:
47 CFR Parts 2 and 90
PO 00000
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
Current effective
map date
Federal Communications
Commission.
22:57 Sep 28, 2016
List of Subjects in 44 CFR Part 64
Effective date authorization/
cancellation of sale of flood insurance
in community
AGENCY:
VerDate Sep<11>2014
listed no longer comply with the
statutory requirements, and after the
effective date, flood insurance will no
longer be available in the community
unless remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
The Commission balances the needs of
manufacturers for flexibility with public
safety’s need for verified interoperable
communications during emergencies.
The Commission also provides guidance
to states that wish to delegate
administration of certain 700 MHz
narrowband channels and corrects
certain rules governing public safety
spectrum.
DATES: Effective September 29, 2016,
except for §§ 2.1033(c)(20) and
90.548(c), 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 notification that the Commission
will publish in the Federal Register
announcing such approval and effective
date.
FOR FURTHER INFORMATION CONTACT: John
Evanoff, Policy and Licensing Division,
Public Safety and Homeland Security
Bureau, (202) 418–0848 or
john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration in PS Docket No. 13–
87, FCC 16–111, released on August 22,
2016. The document is available for
download at https://fjallfoss.fcc.gov/
edocs_public/. The complete text of this
document is 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 2014, the Commission adopted a
Report and Order in the captioned
proceeding, which, inter alia, provided
that mobile and portable 700 MHz
public safety band radios designed to
operate on the 700 MHz interoperability
channels would be presumed
interoperable if they received Project 25
Compliance Acceptance Program (CAP)
approval (hereinafter referred to as P25
CAP), 79 FR 71321 (Dec. 2, 2014). In the
alternative, manufacturers could
accompany their equipment
certification applications with other
documentation demonstrating how the
radio submitted for certification
complied with Project 25 standards and
was interoperable across vendors. The
Telecommunications Industry
Association (TIA) filed a timely petition
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22:57 Sep 28, 2016
Jkt 238001
for reconsideration of the Report and
Order, 80 FR 4239 (Jan. 27, 2015).
In this Order on Reconsideration, the
Commission grants the Petition in part
and modifies those rules to provide
greater flexibility to manufacturers
considering the marketing and sale of
equipment to public safety. In
particular, this Order on
Reconsideration allows CAP compliance
or the equivalent to be demonstrated
after equipment certification but prior to
the marketing or sale of that equipment.
Thereby manufacturers may obtain FCC
equipment authorization for equipment
designed to operate on the 700 MHz
narrowband interoperability channels
before obtaining P–25 CAP approval or
the equivalent. P–25 CAP approval, or
the equivalent, however, must be
obtained before equipment is marketed
or sold, thus mitigating the risk to
public safety, including state and local
governmental entities, that equipment
purchased may not be interoperable
across vendors. Lack of interoperability
can severely compromise public safety
agencies’ response to emergencies. The
Commission concludes that CAP
compliance or the equivalent completed
before the marketing or sale of
equipment to public safety mitigates the
risk of lack of interoperability while
accommodating the needs of
manufacturers for flexibility in the
equipment certification and P–25 CAP,
or equivalent, processes. For these
reasons, the Commission modifies
Sections 2.1033(c)(20) and 90.548(c) of
the rules.
Separately, in response to a request
for clarification filed by the National
Regional Planning Council (NRPC), the
Commission clarifies that states may
delegate administration of the 700 MHz
air-ground channels to the 700 MHz
Regional Planning Committees (RPCs).
The Commission also amends Section
90.535 of the Commission’s rules to
reflect its previous decision to eliminate
the 700 MHz narrowbanding deadline.
Additionally, the Commission corrects
Sections 90.209 and 90.210 of the
Commission’s technical rules to
accurately reflect bandwidth limitations
and emission masks. Finally, the
Commission conforms Sections
90.523(a)–(d) to the introductory
sentence of Section 90.523, to reflect the
restriction of the public safety
narrowband spectrum bands to 769–
775/799–805 MHz, as required by the
Middle Class Tax Relief and Job
Creation Act of 2012 (Spectrum Act).
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Procedural Matters
A. Supplemental Final Regulatory
Flexibility Analysis
The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for notice-and-comment rule
making 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 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 U.S. Small Business
Administration (SBA). Pursuant to the
RFA, a Final Regulatory Flexibility
Analysis (‘‘FRFA’’) was incorporated
into the Report and Order.
This Order on Reconsideration
amends the rules adopted in the Report
and Order in this proceeding to provide
manufacturers with greater flexibility in
the equipment authorization process.
Those rules required demonstration of
Project 25 compliance (through CAP or
otherwise) at the time of the filing of the
equipment authorization application,
when certain aspects of CAP
compliance may be more difficult to
demonstrate (e.g., the lack of availability
of product versions needed for
interoperability testing). Instead, the
Order on Reconsideration requires CAP
certification (or other demonstration of
Project 25 compliance) before radios
may be marketed or sold. This change
preserves public safety interoperability
goals while providing manufacturers
with needed additional flexibility.
This Order on Reconsideration also
clarifies that States may delegate the
administration of the 700 MHz airground channels to 700 MHz Regional
Planning Committees; amends Section
90.523 of the rules to accurately reflect
the 700 MHz narrowband public safety
bands; and amends Section 90.535 of
the rules to implement the
Commission’s decision to eliminate the
700 MHz narrowbanding mandate.
Finally, the Order on Reconsideration
corrects Sections 90.209 and 90.210 of
the Commission’s technical rules to
accurately reflect the correct bandwidth
limitations and emission masks.
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
B. Paperwork Reduction Act of 1995
Analysis
The Order on Reconsideration
contains new or modified 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
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.
C. Congressional Review Act
The Commission will send a copy of
this Order on Reconsideration 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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D. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
Ordering Clauses
Accordingly, it is ordered that,
pursuant to Sections 1, 4(i), 303, 316,
332, 337, and 405 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 303,
316, 332, 337, 405, this Order on
Reconsideration is hereby adopted.
It is ordered pursuant to Sections 4(i)
and 405 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 405,
and Section 1.429 of the Commission’s
rules, 47 CFR 1.429, that the Petition for
Reconsideration filed by the
Telecommunications Industries
Association on January 2, 2015, IS
GRANTED to the extent discussed
herein.
It is further ordered that Sections
2.1033(c)(20), 90.209, 90.210, 90.523,
90.535(d) and 90.548(c) of the
Commission’s rules are AMENDED. The
amendments to Sections 2.1033(c)(20)
and 90.548(c) require approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act and shall become effective after the
Commission publishes a notification in
the Federal Register announcing such
approval and the relevant effective date.
The amendments to Sections 90.209,
90.210, 90.523, and 90.535(d) shall
become effective on publication of this
Order on Reconsideration in the Federal
Register.
It is further ordered, that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order on Reconsideration,
VerDate Sep<11>2014
22:57 Sep 28, 2016
Jkt 238001
including the Supplemental Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
§ 90.209
*
List of Subjects in 47 CFR Parts 2 and
90 Radio.
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 336,
unless otherwise noted.
2. Section 2.1033 is amended by
revising paragraph (c)(20) to read as
follows:
■
§ 2.1033
Application for certification.
*
*
*
*
*
(c) * * *
(20) Before equipment operating
under part 90 of this chapter and
capable of operating on the 700 MHz
interoperability channels (See
§ 90.531(b)(1) of this chapter) may be
marketed or sold, the manufacturer
thereof shall have a Compliance
Assessment Program Supplier’s
Declaration of Conformity and Summary
Test Report or, alternatively, a
document detailing how the
manufacturer determined that its
equipment complies with § 90.548 of
this chapter and that the equipment is
interoperable across vendors.
Submission of a 700 MHz narrowband
radio for certification will constitute a
representation by the manufacturer that
the radio will be shown, by testing, to
be interoperable across vendors before it
is marketed or sold.
*
*
*
*
*
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
3. 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.
4. Section 90.209 is amended in the
table in paragraph (b)(5) by revising the
entries for ‘‘406–512’’ and ‘‘809–824/
854–869’’ to read as follows:
■
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*
*
STANDARD CHANNEL SPACING/
BANDWIDTH
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer. Office of the
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 2 and
90 as follows:
Bandwidth limitations.
*
*
(b) * * *
(5) * * *
Channel
spacing
(kHz)
Frequency band
(MHz)
*
*
*
406–512 2 .........................
Authorized
bandwidth
(kHz)
*
1 6.25
*
1 3 6 20/11.25/
6
*
*
*
809–824/854–869 ............
*
1 For
*
*
*
25
*
*
*
6 20
stations authorized on or after August 18,
1995.
2 Bandwidths for radiolocation stations in the 420–
450 MHz band and for stations operating in bands
subject to this footnote will be reviewed and authorized on a case-by-case basis.
3 Operations using equipment designed to operate
with a 25 kHz channel bandwidth will be authorized a
20 kHz bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth
will be authorized a 11.25 kHz bandwidth. Operations
using equipment designed to operate with a 6.25 kHz
channel bandwidth will be authorized a 6 kHz bandwidth. All stations must operate on channels with a
bandwidth of 12.5 kHz or less beginning January 1,
2013, unless the operations meet the efficiency
standard of § 90.203(j)(3).
* * * * *
6 Operations using equipment designed to operate
with a 25 kHz channel bandwidth may be authorized
up to a 22 kHz bandwidth if the equipment meets the
Adjacent Channel Power limits of § 90.221.
*
*
*
*
*
5. Section 90.210 is amended by
revising paragraph (h)(5) to read as
follows:
■
§ 90.210
Emission masks.
*
*
*
*
*
(h) * * *
(5) On any frequency removed from
the center of the authorized bandwidth
by more than 25 kHz: At least 43 + 10
log (P) dB.
*
*
*
*
*
■ 6. Section 90.523 is amended by
revising paragraphs (a), (b) introductory
text, (c), and (d) to read as follows:
§ 90.523
Eligibility.
*
*
*
*
*
(a) State or local government entities.
Any territory, possession, state, city,
county, town, or similar State or local
governmental entity is eligible to hold
authorizations in the 769–775 MHz and
799–805 MHz frequency bands.
(b) Nongovernmental organizations. A
nongovernmental organization (NGO)
that provides services, the sole or
principal purpose of which is to protect
the safety of life, health, or property, is
eligible to hold an authorization for a
system operating in the 769–775 MHz
and 799–805 MHz frequency bands for
transmission or reception of
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
communications essential to providing
such services if (and only for so long as)
the NGO applicant/licensee:
*
*
*
*
*
(c) All NGO authorizations are
conditional. NGOs assume all risks
associated with operating under
conditional authority. Authorizations
issued to NGOs to operate systems in
the 769–775 MHz and 799–805 MHz
frequency bands include the following
condition: If at any time the supporting
governmental entity (see paragraph
(b)(1) of this section) notifies the
Commission in writing of such
governmental entity’s termination of its
authorization of a NGO’s operation of a
system in the 769–775 MHz and 799–
805 MHz frequency bands, the NGO’s
application shall be dismissed
automatically or, if authorized by the
Commission, the NGO’s authorization
shall terminate automatically.
(d) Paragraphs (a) and (b) of this
section notwithstanding, no entity is
eligible to hold an authorization for a
system operating in the 769–775 MHz
and 799–805 MHz frequency bands on
the basis of services, the sole or
principal purpose of which is to protect
the safety of life, health or property, that
such entity makes commercially
available to the public.
*
*
*
*
*
■ 7. Section 90.535(d) is revised to read
as follows:
§ 90.535 Modulation and spectrum usage
efficiency requirements.
*
*
*
*
*
(d) Transmitters designed to operate
on the channels listed in paragraphs
(b)(2), (5), (6), and (7) of § 90.531 must
be capable of operating in the voice
mode at an efficiency of at least one
voice path per 12.5 kHz of spectrum
bandwidth.
■ 8. Section 90.548(c) is revised to read
as follows:
§ 90.548 Interoperability Technical
Standards.
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*
*
*
*
*
(c) Transceivers capable of operating
on the interoperability channels listed
in § 90.531(b)(1) shall not be marketed
or sold unless the transceiver has
previously been certified for
interoperability by the Compliance
Assessment Program (CAP)
administered by the U.S. Department of
Homeland Security; provided, however,
that this requirement is suspended if the
CAP is discontinued. Submission of a
700 MHz narrowband radio for
certification will constitute a
representation by the manufacturer that
the radio will be shown, by testing, to
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be interoperable across vendors before it
is marketed or sold. In the alternative,
manufacturers may employ their own
protocol for verifying compliance with
Project 25 standards and determining
that their product is interoperable
among vendors. In the event that field
experience reveals that a transceiver is
not interoperable, the Commission may
require the manufacturer thereof to
provide evidence of compliance with
this section.
[FR Doc. 2016–22432 Filed 9–28–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 543
[Docket No. NHTSA–2014–0007]
RIN 2127–AL08
Exemption From Vehicle Theft
Prevention Standard
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
In this rulemaking action,
NHTSA is finalizing procedures for
obtaining an exemption from the vehicle
theft prevention standard for vehicles
equipped with immobilizers.
An immobilizer is an anti-theft device
that combines microchip and
transponder technology with engine and
fuel immobilizer components that can
prevent vehicles from starting unless a
verified code is received by the
transponder. This final rule streamlines
the exemption procedure for
immobilizer-equipped vehicles by
adding performance criteria for
immobilizers. The criteria, which
roughly correlate with the types of
qualities for which petitioners have
been submitting testing and technical
design details under existing
procedures, closely follow the
immobilizer performance requirements
in the anti-theft standard of Canada.
After this final rule, it would be
sufficient for a manufacturer seeking the
exemption of some of its vehicles to
provide data showing that the device
meets the performance criteria, as well
as a statement that the device is durable
and reliable. Adopting these
performance criteria for immobilizers
bring the U.S. anti-theft requirements
more into line with those of Canada.
DATES: Effective Date: This rule is
effective November 28, 2016.
SUMMARY:
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66833
Petitions for Reconsideration:
Petitions for reconsideration of this final
rule must be received not later than
November 14, 2016.
ADDRESSES: Petitions for reconsideration
of this final rule must refer to the docket
and notice number set forth above and
be submitted to the Administrator,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Hisham
Mohamed, Office of Consumer
Programs, NHTSA, 1200 New Jersey
Avenue SE., West Building,
Washington, DC 20590 (Telephone:
(202) 366–0307) (Fax: (202) 493–2990).
For legal issues: Mr. Ryan Hagen,
Office of the Chief Counsel, NHTSA,
1200 New Jersey Avenue SE., West
Building, Washington, DC 20590
(Telephone: (202) 366–2992) (Fax: (202)
366–3820).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. Effectiveness of Immobilizers in
Reducing or Deterring Theft
B. U.S. Canada Regulatory Cooperation
Council
C. Canadian Motor Vehicle Safety Standard
No. 114
III. Proposed Rule
IV. Overview of Comments
V. Response to Comments and Differences
Between the Final Rule and NPRM
VI. Costs, Benefits, and Compliance Date
VII. Regulatory Notices and Analyses
I. Executive Summary
This rulemaking action amends 49
CFR part 543, Exemption from Vehicle
Theft Prevention Standard, by adding
performance criteria for immobilizers.
The agency has granted many
exemptions from the theft prevention
standard to vehicle lines on the basis
that they were equipped with
immobilizers. In support of petitions for
these exemptions, manufacturers have
provided a substantial amount of data
seeking to demonstrate the effectiveness
of immobilizers in reducing motor
vehicle theft.
The criteria, which roughly correlate
with the types of qualities for which
petitioners have been submitting testing
and technical design details under
existing procedures, use the same four
performance requirements from the
Transport Canada standard. For those
performance requirements, the
Canadian standard also sets forth tests
that manufacturers of vehicles to be sold
in Canada must certify to Canadian
authorities that they have conducted.
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]]>Agencies
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66830-66833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22432]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM-
11433 and RM- 11577, FCC 16-111]
Service Rules Governing Narrowband Operations in the 769-775/799-
805 MHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this Order on Reconsideration, the Federal Communications
Commission (Commission) provides more flexibility to radio equipment
manufacturers interested in the marketing and sale of 700 MHz equipment
to public safety agencies by revising the Commission's rules and
providing more time for interoperability testing of equipment designed
to operate on the 700 MHz narrowband interoperability channels.
[[Page 66831]]
The Commission balances the needs of manufacturers for flexibility with
public safety's need for verified interoperable communications during
emergencies. The Commission also provides guidance to states that wish
to delegate administration of certain 700 MHz narrowband channels and
corrects certain rules governing public safety spectrum.
DATES: Effective September 29, 2016, except for Sec. Sec.
2.1033(c)(20) and 90.548(c), 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 notification that the Commission will publish in the
Federal Register announcing such approval and effective date.
FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or
john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration in PS Docket No. 13-87, FCC 16-111, released on
August 22, 2016. The document is available for download at https://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is
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 2014, the Commission adopted a Report and Order in the captioned
proceeding, which, inter alia, provided that mobile and portable 700
MHz public safety band radios designed to operate on the 700 MHz
interoperability channels would be presumed interoperable if they
received Project 25 Compliance Acceptance Program (CAP) approval
(hereinafter referred to as P25 CAP), 79 FR 71321 (Dec. 2, 2014). In
the alternative, manufacturers could accompany their equipment
certification applications with other documentation demonstrating how
the radio submitted for certification complied with Project 25
standards and was interoperable across vendors. The Telecommunications
Industry Association (TIA) filed a timely petition for reconsideration
of the Report and Order, 80 FR 4239 (Jan. 27, 2015).
In this Order on Reconsideration, the Commission grants the
Petition in part and modifies those rules to provide greater
flexibility to manufacturers considering the marketing and sale of
equipment to public safety. In particular, this Order on
Reconsideration allows CAP compliance or the equivalent to be
demonstrated after equipment certification but prior to the marketing
or sale of that equipment. Thereby manufacturers may obtain FCC
equipment authorization for equipment designed to operate on the 700
MHz narrowband interoperability channels before obtaining P-25 CAP
approval or the equivalent. P-25 CAP approval, or the equivalent,
however, must be obtained before equipment is marketed or sold, thus
mitigating the risk to public safety, including state and local
governmental entities, that equipment purchased may not be
interoperable across vendors. Lack of interoperability can severely
compromise public safety agencies' response to emergencies. The
Commission concludes that CAP compliance or the equivalent completed
before the marketing or sale of equipment to public safety mitigates
the risk of lack of interoperability while accommodating the needs of
manufacturers for flexibility in the equipment certification and P-25
CAP, or equivalent, processes. For these reasons, the Commission
modifies Sections 2.1033(c)(20) and 90.548(c) of the rules.
Separately, in response to a request for clarification filed by the
National Regional Planning Council (NRPC), the Commission clarifies
that states may delegate administration of the 700 MHz air-ground
channels to the 700 MHz Regional Planning Committees (RPCs). The
Commission also amends Section 90.535 of the Commission's rules to
reflect its previous decision to eliminate the 700 MHz narrowbanding
deadline. Additionally, the Commission corrects Sections 90.209 and
90.210 of the Commission's technical rules to accurately reflect
bandwidth limitations and emission masks. Finally, the Commission
conforms Sections 90.523(a)-(d) to the introductory sentence of Section
90.523, to reflect the restriction of the public safety narrowband
spectrum bands to 769-775/799-805 MHz, as required by the Middle Class
Tax Relief and Job Creation Act of 2012 (Spectrum Act).
Procedural Matters
A. Supplemental Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making 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 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 U.S. Small
Business Administration (SBA). Pursuant to the RFA, a Final Regulatory
Flexibility Analysis (``FRFA'') was incorporated into the Report and
Order.
This Order on Reconsideration amends the rules adopted in the
Report and Order in this proceeding to provide manufacturers with
greater flexibility in the equipment authorization process. Those rules
required demonstration of Project 25 compliance (through CAP or
otherwise) at the time of the filing of the equipment authorization
application, when certain aspects of CAP compliance may be more
difficult to demonstrate (e.g., the lack of availability of product
versions needed for interoperability testing). Instead, the Order on
Reconsideration requires CAP certification (or other demonstration of
Project 25 compliance) before radios may be marketed or sold. This
change preserves public safety interoperability goals while providing
manufacturers with needed additional flexibility.
This Order on Reconsideration also clarifies that States may
delegate the administration of the 700 MHz air-ground channels to 700
MHz Regional Planning Committees; amends Section 90.523 of the rules to
accurately reflect the 700 MHz narrowband public safety bands; and
amends Section 90.535 of the rules to implement the Commission's
decision to eliminate the 700 MHz narrowbanding mandate. Finally, the
Order on Reconsideration corrects Sections 90.209 and 90.210 of the
Commission's technical rules to accurately reflect the correct
bandwidth limitations and emission masks.
[[Page 66832]]
B. Paperwork Reduction Act of 1995 Analysis
The Order on Reconsideration contains new or modified 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 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.
C. Congressional Review Act
The Commission will send a copy of this Order on Reconsideration to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
D. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
Accordingly, it is ordered that, pursuant to Sections 1, 4(i), 303,
316, 332, 337, and 405 of the Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 303, 316, 332, 337, 405, this Order on
Reconsideration is hereby adopted.
It is ordered pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405, and
Section 1.429 of the Commission's rules, 47 CFR 1.429, that the
Petition for Reconsideration filed by the Telecommunications Industries
Association on January 2, 2015, IS GRANTED to the extent discussed
herein.
It is further ordered that Sections 2.1033(c)(20), 90.209, 90.210,
90.523, 90.535(d) and 90.548(c) of the Commission's rules are AMENDED.
The amendments to Sections 2.1033(c)(20) and 90.548(c) require approval
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act and shall become effective after the Commission publishes
a notification in the Federal Register announcing such approval and the
relevant effective date. The amendments to Sections 90.209, 90.210,
90.523, and 90.535(d) shall become effective on publication of this
Order on Reconsideration in the Federal Register.
It is further ordered, that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order on Reconsideration, including the Supplemental Final
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Parts 2 and 90 Radio.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer. Office of the Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 90 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 336, unless otherwise
noted.
0
2. Section 2.1033 is amended by revising paragraph (c)(20) to read as
follows:
Sec. 2.1033 Application for certification.
* * * * *
(c) * * *
(20) Before equipment operating under part 90 of this chapter and
capable of operating on the 700 MHz interoperability channels (See
Sec. 90.531(b)(1) of this chapter) may be marketed or sold, the
manufacturer thereof shall have a Compliance Assessment Program
Supplier's Declaration of Conformity and Summary Test Report or,
alternatively, a document detailing how the manufacturer determined
that its equipment complies with Sec. 90.548 of this chapter and that
the equipment is interoperable across vendors. Submission of a 700 MHz
narrowband radio for certification will constitute a representation by
the manufacturer that the radio will be shown, by testing, to be
interoperable across vendors before it is marketed or sold.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. 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
4. Section 90.209 is amended in the table in paragraph (b)(5) by
revising the entries for ``406-512'' and ``809-824/854-869'' to read as
follows:
Sec. 90.209 Bandwidth limitations.
* * * * *
(b) * * *
(5) * * *
Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
Channel Authorized
Frequency band (MHz) spacing bandwidth
(kHz) (kHz)
------------------------------------------------------------------------
* * * * *
406-512 \2\..................................... 1 6.25 1 3 6 20/
11.25/6
* * * * *
809-824/854-869................................. 25 6 20
* * * * *
------------------------------------------------------------------------
\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and
for stations operating in bands subject to this footnote will be
reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel
bandwidth will be authorized a 20 kHz bandwidth. Operations using
equipment designed to operate with a 12.5 kHz channel bandwidth will
be authorized a 11.25 kHz bandwidth. Operations using equipment
designed to operate with a 6.25 kHz channel bandwidth will be
authorized a 6 kHz bandwidth. All stations must operate on channels
with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless
the operations meet the efficiency standard of Sec. 90.203(j)(3).
* * * * *
\6\ Operations using equipment designed to operate with a 25 kHz channel
bandwidth may be authorized up to a 22 kHz bandwidth if the equipment
meets the Adjacent Channel Power limits of Sec. 90.221.
* * * * *
0
5. Section 90.210 is amended by revising paragraph (h)(5) to read as
follows:
Sec. 90.210 Emission masks.
* * * * *
(h) * * *
(5) On any frequency removed from the center of the authorized
bandwidth by more than 25 kHz: At least 43 + 10 log (P) dB.
* * * * *
0
6. Section 90.523 is amended by revising paragraphs (a), (b)
introductory text, (c), and (d) to read as follows:
Sec. 90.523 Eligibility.
* * * * *
(a) State or local government entities. Any territory, possession,
state, city, county, town, or similar State or local governmental
entity is eligible to hold authorizations in the 769-775 MHz and 799-
805 MHz frequency bands.
(b) Nongovernmental organizations. A nongovernmental organization
(NGO) that provides services, the sole or principal purpose of which is
to protect the safety of life, health, or property, is eligible to hold
an authorization for a system operating in the 769-775 MHz and 799-805
MHz frequency bands for transmission or reception of
[[Page 66833]]
communications essential to providing such services if (and only for so
long as) the NGO applicant/licensee:
* * * * *
(c) All NGO authorizations are conditional. NGOs assume all risks
associated with operating under conditional authority. Authorizations
issued to NGOs to operate systems in the 769-775 MHz and 799-805 MHz
frequency bands include the following condition: If at any time the
supporting governmental entity (see paragraph (b)(1) of this section)
notifies the Commission in writing of such governmental entity's
termination of its authorization of a NGO's operation of a system in
the 769-775 MHz and 799-805 MHz frequency bands, the NGO's application
shall be dismissed automatically or, if authorized by the Commission,
the NGO's authorization shall terminate automatically.
(d) Paragraphs (a) and (b) of this section notwithstanding, no
entity is eligible to hold an authorization for a system operating in
the 769-775 MHz and 799-805 MHz frequency bands on the basis of
services, the sole or principal purpose of which is to protect the
safety of life, health or property, that such entity makes commercially
available to the public.
* * * * *
0
7. Section 90.535(d) is revised to read as follows:
Sec. 90.535 Modulation and spectrum usage efficiency requirements.
* * * * *
(d) Transmitters designed to operate on the channels listed in
paragraphs (b)(2), (5), (6), and (7) of Sec. 90.531 must be capable of
operating in the voice mode at an efficiency of at least one voice path
per 12.5 kHz of spectrum bandwidth.
0
8. Section 90.548(c) is revised to read as follows:
Sec. 90.548 Interoperability Technical Standards.
* * * * *
(c) Transceivers capable of operating on the interoperability
channels listed in Sec. 90.531(b)(1) shall not be marketed or sold
unless the transceiver has previously been certified for
interoperability by the Compliance Assessment Program (CAP)
administered by the U.S. Department of Homeland Security; provided,
however, that this requirement is suspended if the CAP is discontinued.
Submission of a 700 MHz narrowband radio for certification will
constitute a representation by the manufacturer that the radio will be
shown, by testing, to be interoperable across vendors before it is
marketed or sold. In the alternative, manufacturers may employ their
own protocol for verifying compliance with Project 25 standards and
determining that their product is interoperable among vendors. In the
event that field experience reveals that a transceiver is not
interoperable, the Commission may require the manufacturer thereof to
provide evidence of compliance with this section.
[FR Doc. 2016-22432 Filed 9-28-16; 8:45 am]
BILLING CODE 6712-01-P
