issue-1996-05-28•Federal Register final rules — 1996-05-28
Federal Register final rules — 1996-05-28
issue-1996-05-28Federal Register final rules — 1996-05-28Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-13300 Operator Service Access and Pay Telephone Compensation
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26466-26467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13300]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[CC Docket No. 91-35; FCC 96-131]
Operator Service Access and Pay Telephone Compensation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: Where technically feasible and economically reasonable, the
Commission's Third Report and Order requires local exchange carriers
(LECs) to make international call blocking services available to non-
aggregator business customers as well as to those businesses that
qualify as aggregators under the Communications Act of 1934, as amended
by The Telephone Operator Consumer Services Improvement Act of 1990.
The Commission extended the availability of these services to non-
aggregator business customers to assist these customers in reducing
losses attributable to international toll fraud.
The Commission Order states, however, that LECs will not be
required to provide similar international blocking to residential
customers, whether to prevent international toll fraud or to control
access to international dial-a-porn. Although LECs may elect to offer
these services to their residential customers, the Commission declined
to require that these services be made available to residences because
it was not clear that such a new residential service would be
technically feasible and economically reasonable. It was also unclear
to what extent such a residential blocking service would be effective
in limiting toll fraud and access to dial-a-porn.
In addition, the Commission Order requires LECs to file federal
tariffs for both billed number screening (BNS) and originating line
screening (OLS) ``confirmation screening services'' that allow
aggregators to ensure that the proper screening codes are associated
with their telephone lines. The Order specifies that the OLS service
must deliver a code that discretely identifies private payphones and
such other codes as are necessary to identify other categories of
aggregator locations. The Order also stresses that it is important for
LECs to use uniform codes for their OLS services. The Order further
requires LECs to unbundle their OLS ``confirmation services,'' unless
they can show either that bundling would not place aggregators at a
competitive disadvantage or that it would not be technically feasible
or would be economically unreasonable to unbundle these ``confirmation
services.'' It also requires LECs to unbundle the BNS ``confirmation
services'' that they provide to aggregators under federal tariff and to
make those services available to both aggregators and non-aggregators.
Finally, it specifies a rate structure for features of OLS and BNS
service provided to aggregators.
The Commission Order requires that LECs include these screening
services in their federal tariffs and specifies a rate structure for
service to aggregators because the Commission found these services were
not uniformly available to aggregators under existing LEC state tariffs
and because these services were not always adequate when made available
under those tariffs.
As a result of the Commission Order, non-aggregator, as well as
aggregator, business customers of LECs gain access to international
call blocking services offered under federal tariffs. In addition,
aggregator business customers will have greater access to uniform and
discrete OLS screening codes and to unbundled OLS ``confirmation
services.'' Also, the Commission Order results in both aggregators and
non-aggregators having access to unbundled BNS ``confirmation
services'' under federal tariffs.
EFFECTIVE DATE: June 27, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas David, Accounting and Audits
Division, Common Carrier Bureau, (202) 418-0800, or Allen A. Barna,
Competitive Pricing Division, Common Carrier Bureau, (202) 418-1530.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order adopted March 25, 1996, and released April 5, 1996.
The full text of this Commission decision is available for inspection
and copying during normal business hours in the FCC Public Reference
Room (Room 230), 1919 M St., N.W., Washington,
[[Page 26467]]
D.C. The complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Service,
Suite 140, 2100 M Street, N.W., Washington, D.C. 20037.
Regulatory Flexibility Analysis:
The Commission has determined that Section 605(b) of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 605(b), does not apply to these rules
because they do not have a significant economic impact on a substantial
number of small entities. The definition of a ``small entity'' in
Section 3 of the Small Business Act excludes any business that is
dominant in its field of operation. Although some of the LECs that will
be affected are very small, such LECs do not qualify as ``small
entities'' because each has a monopoly on ubiquitous access to the
subscribers in their service area. The Commission has also found all
exchange carriers to be dominant in its competitive carrier proceeding.
See Policy and Rules Concerning Rates for Competitive Common Carrier
Services and Facilities Authorization Therefore, CC Docket No. 79-252,
First Report and Order, 85 FCC 2d 1, 23-24 (1980), 45 FR 76148,
November 18, 1980. To the extent that small telephone companies will be
affected by these rules, the Commission certified that these rules
would not have a significant effect on a substantial number of ``small
entities.''
Summary of Report and Order
In its Docket 91-35 Reconsideration Order, the Commission ordered
LECs to offer, pursuant to interstate tariffs, services that would
block international direct-dialed sequences (011+ and 10XXX-011+), but
did not require LECs to make that service available to customers other
than aggregators. See Policies and Rules Concerning Operator Service
Access and Pay Telephone Compensation, CC Docket No. 91-35, Order on
Reconsideration, 7 FCC Rcd 4355 (1992) (Docket 91-35 Reconsideration
Order), 57 FR 34253, August 4, 1992. The Commission also required the
LECs to offer two tariffed screening services, originating line
screening (OLS) and billed number screening (BNS). These services
enable operator service providers (OSPs) to determine whether there are
billing restrictions on lines to which a caller may seek to bill a
call. The Commission, however, did not expressly require that those
screening services be federally tariffed. In its Order on Further
Reconsideration and Further Notice of Proposed Rulemaking in this
docket, 8 FCC Rcd 2863 (1993) (Further Reconsideration/Further NPRM),
58 FR 21435, April 21, 1993, the Commission subsequently affirmed the
requirement that LECs offer OLS and BNS services and tentatively found
that Bell Atlantic's federally tariffed line information data base
(LIDB) service fulfills its obligation to provide a BNS service. The
Further Reconsideration/Further NPRM requested further comment on three
major issues: (1) whether the Commission should require the LECs to
extend their international blocking services to non-aggregator business
subscribers and to residential subscribers; (2) whether the Commission
should affirm its tentative conclusion that BNS and OLS services should
be tariffed at the federal level; and (3) whether proposed standards
regarding availability to all customers, unbundling, and rate levels
should be applied to OLS and BNS services provided by the LECs. In
light of the rapid growth in the availability of, and complaints about,
international information services since comments were last filed in
this proceeding, the Commission's Common Carrier Bureau (Bureau) issued
a Public Notice in March 1995 requesting further comment on whether
international blocking for residential consumers would be useful in
preventing losses to international pay-per-call services, particularly
dial-a-porn services. Public Notice, Request for Additional Comments on
the Costs and Benefits of International Blocking for Residential
Customers, CC Docket No. 91-35, 10 FCC Rcd 4549 (Com.Car.Bur. 1995)
(Public Notice), 60 FR 16651, March 31, 1995. Specifically, the Bureau
asked LECs to comment on the costs they would incur to provide
international call blocking service to residential customers and to
show the extent to which those costs could be reduced by not providing
blocking in areas in which it would not be technically feasible or
economically reasonable to do so.
In this Order, the Commission required LECs to provide
international blocking services to business customers, where
technically feasible and economically reasonable. The Commission did
not, however, require LECs to provide such blocking for residential
consumers at this time. Also, the Commission required LECs to tariff,
at the federal level, BNS and OLS screening services that allow
aggregators to ensure that the proper screening codes are associated
with their telephone lines. The OLS service must deliver a code that
discretely identifies private payphones and such other codes as are
necessary to identify other categories of aggregator locations. The
Commission emphasized again that it is important for LECs to use
uniform codes for the OLS services that they provide. The Commission
required the LECs to unbundle their OLS ``confirmation services,''
unless they can show that bundling would not place aggregators at a
competitive disadvantage or that it is not technically feasible or
would be economically unreasonable to unbundle OLS service. The
Commission also required that LECs unbundle the BNS service they
provide to aggregators under federal tariff and make that service
available to both aggregators and non-aggregators. Finally, the
Commission specified a rate structure for OLS and BNS services provided
to aggregators.
Ordering Clauses
Accordingly, it is ordered, pursuant to authority contained in
Sections 1, 4, 201-205, 218, 220, and 226 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154, 201-205, 218, 220, and 226, that
the policies and requirements set forth herein ARE adopted.
It is further ordered That this Order will be effective June 27,
1996.
It is further ordered That, pursuant to Section 203 of the
Communications Act, 47 U.S.C. 203, each of the LECs SHALL FILE
revisions to their federal tariffs, reflecting the requirements of this
Order to provide international blocking service for non-aggregator
business customers and Billed Number Screening (BNS) service within 60
days after the effective date of this Order.
It is further ordered That, pursuant to Section 203 of the
Communications Act, 47 U.S.C. Sec. 203, each of the LECs shall file
tariff revisions, reflecting the requirements of this Order to
federally tariff Originating Line Screening (OLS) service, no later
than December 1, 1996.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-13300 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-13299 Organization and Delegation of Powers and Duties
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26468-26469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13299]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 501
Organization and Delegation of Powers and Duties
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule delegates to NHTSA's Chief Counsel the
authority to issue authoritative interpretations of the statutes
administered by NHTSA and the regulations issued by the agency.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: John Womack, Senior Assistant Chief
Counsel, NHTSA, 400 Seventh Street, SW, Room 5219, Washington, DC
20590. Mr. Womack's telephone number is: (202) 366-9511.
SUPPLEMENTARY INFORMATION: This final rule revises the regulations on
the organization of and delegation of powers and duties within the
National Highway Traffic Safety Administration (NHTSA).
Since the creation of the agency, NHTSA's Chief Counsel has issued
written interpretations of the statutes the agency administers and the
regulations it issues. These interpretations, in the form of letters
responding to questions from the motor vehicle industry and members of
the public, have been available to the public in the agency's technical
reference library in Washington. With the development of new
technology, the agency is now able to make them available through the
Internet on the World Wide Web. (The website is www.nhtsa.dot.gov. At
that site, select ``NHTSA's Library.'' On the ``NHTSA Library'' page,
select ``NHTSA's Interpretation Letters.'')
In preparing to implement this new service, NHTSA noted that
although the industry and the public have consistently recognized the
implicit authority of the Chief Counsel to issue such interpretations,
there was no formal delegation of that authority from the Administrator
to the Chief Counsel. Therefore, in connection with the broadening of
public access to these interpretations, and in order to eliminate any
possible misunderstanding or doubt, NHTSA is amending 49 CFR 501.8(d)
to formally delegate the authority to interpret applicable statutes and
regulations to the Chief Counsel.
This action should be construed as a confirmation of a preexisting
implicit delegation, and does not invalidate in any way the
interpretations that have previously been issued by the Office of Chief
Counsel. However, interested persons should recognize that all
interpretations are necessarily based on the facts presented in
individual cases and the law that exists at the time the interpretation
is issued. Since the agency's statutes and regulations change from year
to year, past interpretations may no longer be applicable under current
law.
As matters relating to agency management, the amendments made by
this document are not covered by the notice and comment or the
effective date requirements of the Administrative Procedure Act. These
amendments relate solely to changes in the scope of the delegation of
authority from the NHTSA Administrator to the Chief Counsel and have no
substantive effect. Notice and the opportunity for comment are,
therefore, not required, and these
[[Page 26469]]
amendments are effective immediately upon publication in the Federal
Register. In addition, these amendments are not subject to Executive
Order 12866, the Department of Transportation's regulatory policies and
procedures, or the provisions for Congressional review of final rules
in Chapter 8 of Title 5, United States Code.
List of Subjects in 49 CFR Part 501
Authority, Delegations.
In consideration of the foregoing, 49 CFR part 501 is amended as
follows:
PART 501--[AMENDED]
1. The authority citation for part 501 continues to read as
follows:
Authority: 49 U.S.C. sections 105 and 322; delegation of
authority at 49 CFR 1.50.
2. Section 501.8 is amended by adding a new paragraph (d)(5) to
read as follows:
Sec. 501.8 Delegations
* * * * *
(d) * * *
(5) Issue authoritative interpretations of the statutes
administered by NHTSA and the regulations issued by the agency.
* * * * *
Issued on: May 22, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-13299 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-13288 Foreign and Domestic Fishing; Scientific Research Activity and Exempted Fishing
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26435-26441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13288]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 611 and 620
[Docket No. 960222043-6131-02; I.D. 111595B]
RIN 0648-AC61
Foreign and Domestic Fishing; Scientific Research Activity and
Exempted Fishing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues new and revised definitions for certain regulatory
terms to distinguish clearly among scientific research activities,
exempted fishing, and exempted educational activities; to clarify and
standardize issuance procedures for letters of acknowledgement of
notification of scientific research activity and exempted fishing
permits (EFPs); and to facilitate scientific research activities.
EFFECTIVE DATE: June 27, 1996.
ADDRESSES: Comments regarding burden-hour estimates or other aspects of
the collection-of-information requirements contained in this rule
should be sent to Richard H. Schaefer, Director, Office of Fisheries
Conservation and Management, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910, and to the Office of Management and Budget, Paperwork
Reduction Project (0648-0214), Washington, DC 20503 (Attention: NOAA
Desk Officer).
FOR FURTHER INFORMATION CONTACT: William D. Chappell at 301-713-2341
SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act) authorizes the
Secretary of Commerce (Secretary ) to conserve and manage fishery
resources in the exclusive economic zone (EEZ) by regulating
``fishing.'' Excluded expressly from the definition of ``fishing,'' and
therefore from the Magnuson Act's purview, is ``scientific research
activity which is conducted by a scientific research vessel.'' However,
the Magnuson Act does not define ``scientific research activity'' or
``scientific research vessel.'' The legislative history provides little
guidance on Congress' intent in exempting scientific research conducted
from a scientific research vessel from the Magnuson Act's requirements.
In this rule, NMFS defines ``scientific research activity,''
``scientific research vessel,'' and related terms.
``Exempted fishing,'' an activity that has been regulated under
fishery management plans (FMPs) prepared by Regional Fishery Management
Councils (Councils) or the Secretary, is defined in this rule for
domestic vessels only. NMFS anticipates that individual FMPs that
currently authorize ``experimental fishing'' will be amended, as
necessary, to replace existing references to ``experimental fishing''
with references to ``exempted fishing,'' and to standardize terminology
and procedures for issuance of EFPs by replacing existing regulatory
text with references to these rules. In the absence of specific
regulations for each fishery, these procedures will be followed.
Authority to allow exempted fishing in any regulated fishery would be
established through the governing FMP and/or its implementing
regulations.
In addition, NMFS proposes to define ``exempted educational
activity'' for the domestic fishing regulations to distinguish between
commercially oriented exempted fishing and those activities of very
limited scope and duration, conducted by educational institutions, that
may involve activities that are not in accordance with regulations
implemented under authority of an FMP. In the absence of specific
regulations for each fishery, these procedures will be followed.
NMFS published a proposed rule at 61 FR 10712, March 15, 1996,
requesting comments by April 15, 1996. No comments from the general
public or other agencies were received. The following addresses
internal comments generated during review.
Throughout the rule, the term ``Center Director'' is replaced by
the term ``Science and Research Director'' to reflect accurately the
title of the Directors of NMFS's Fishery Science Centers.
Under the definition of the term ``scientific research plan'' for
both the foreign and domestic regulations, paragraph (5) has been
revised to include expected quantities of fish to be taken instead of
an absolute amount, retaining some flexibility for researchers.
In Sec. 620.10(b)(1), the authority of the Regional Director to
issue EFPs is expanded to include reasons of health and safety,
environmental cleanup, and hazard removal. This provision allows an
exemption for fishing gear to be used in oil rig removal cleanup, oil
spill cleanup, or other contingencies not directly related to fishing.
In Sec. 620.10(b)(3)(i), the requirement for a comment period on
EFPs is modified to allow comment to be taken at a Council meeting
instead of, or in conjunction with, a more formal comment period. This
allows some Councils to continue their current practice, which has
proven sufficient for public comment and is more efficient in providing
timely response to the applicants.
In Sec. 620.10(d)(3)(ii)(F), the paragraph is corrected to
reference exempted educational activity instead of EFP.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated, to
the Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
[[Page 26436]]
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published at 61 FR 10712, March 15, 1996. As a result,
a regulatory flexibility analysis was not prepared.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number.
This rule contains a collection-of-information requirement subject
to the PRA. The collection of this information has been approved by the
OMB, OMB Control Number 0648-0309. The public reporting burden for this
collection of information is estimated: (1) To average 1 hour per
response to send NMFS a copy of a scientific research plan and provide
a copy of the cruise report or research publication; (2) to average 1
hour per response to complete an application for an EFP or
authorization for an exempted educational activity; and (3) to average
1 hour per response to collect information and provide a report at the
conclusion of exempted fishing. Send comments regarding this burden
estimate, or any other aspect of the data requirements, including
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 611
Fisheries, Foreign relations, Reporting and recordkeeping
requirements.
50 CFR Part 620
Fisheries, Fishing.
Dated: May 20, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) the table is amended by adding, in
numerical order, the following entries to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR....................................
* * * * *
611.14.................................... -0309
* * * * *
620.10.................................... -0309
* * * * *
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50 CFR CHAPTER VI
PART 611--FOREIGN FISHING
3. The authority citation for part 611 is revised to read as
follows:
Authority: 16 U.S.C. 971 et seq., 1361 et seq., 1801 et seq.,
and 22 U.S.C. 1971 et seq.
4. In Sec. 611.2, the definition for ``Center Director'' is removed
and definitions for ``Director'', ``Science and Research Director'',
``Scientific cruise'', ``Scientific research activity'', ``Scientific
research plan'', and ``Scientific research vessel'', are added, in
alphabetical order, to read as follows:
Sec. 611.2 Definitions.
* * * * *
Director means the Director of the Office of Fisheries Conservation
and Management, 1315 East-West Highway, Silver Spring, MD 20910.
* * * * *
Science and Research Director means the Director of one of the five
NMFS Fisheries Science Centers described in Table 1 of Appendix A to
this subpart, or a designee.
Scientific cruise means the period of time during which a
scientific research vessel is operated in furtherance of a scientific
research project, beginning when the vessel leaves port to undertake
the project and ending when the vessel completes the project as
provided for in the applicable scientific research plan.
Scientific research activity is, for the purposes of this part, an
activity in furtherance of a scientific fishery investigation or study
that would meet the definition of fishing under the Magnuson Act, but
for the exemption applicable to scientific research activity conducted
from a scientific research vessel. Scientific research activity
includes, but is not limited to, sampling, collecting, observing, or
surveying the fish or fishery resources within the EEZ, at sea, on
board scientific research vessels, to increase scientific knowledge of
the fishery resources or their environment, or to test a hypothesis as
part of a planned, directed investigation or study conducted according
to methodologies generally accepted as appropriate for scientific
research. At-sea scientific fishery investigations address one or more
issues involving taxonomy, biology, physiology, behavior, disease,
aging, growth, mortality, migration, recruitment, distribution,
abundance, ecology, stock structure, bycatch, and catch estimation of
finfish and shellfish (invertebrate) species considered to be a
component of the fishery resources within the EEZ. Scientific research
activity does not include the collection and retention of fish outside
the scope of the applicable research plan, or the testing of fishing
gear. Data collection designed to capture and land quantities of fish
for product development, market research, and/or public display are not
scientific research activities and must be permitted under exempted
fishing procedures. For foreign vessels, such data collection
activities are considered scientific research if they are carried out
in full cooperation with the United States.
Scientific research plan means a detailed, written formulation,
prepared in advance of the research, for the accomplishment of a
scientific research project. At a minimum, a sound scientific research
plan should include:
(1) A description of the nature and objectives of the project,
including the hypothesis or hypotheses to be tested.
(2) The experimental design of the project, including a description
of the methods to be used, the type and class of any vessel(s) to be
used, and a description of sampling equipment.
(3) The geographical area(s) in which the project is to be
conducted.
(4) The expected date of first appearance and final departure of
the research vessel(s) to be employed, and deployment and removal of
equipment, as appropriate.
[[Page 26437]]
(5) The expected quantity and species of fish to be taken and their
intended disposition, and, if significant amounts of a managed species
or species otherwise restricted by size or sex are needed, an
explanation of such need.
(6) The name, address, and telephone/telex/fax number of the
sponsoring organization and its director.
(7) The name, address, and telephone/telex/fax number, and
curriculum vitae of the person in charge of the project and, where
different, the person in charge of the research project on board the
vessel.
(8) The identity of any vessel(s) to be used including, but not
limited to, the vessel's name, official documentation number and IRCS,
home port, and name, address, and telephone number of the owner and
master.
Scientific research vessel means a vessel owned or chartered by,
and controlled by, a foreign government agency, U.S. Government agency
(including NOAA or institutions designated as federally funded research
and development centers), U.S. state or territorial agency, university
(or other educational institution accredited by a recognized national
or international accreditation body), international treaty
organization, or scientific institution. In order for a vessel that is
owned or chartered and controlled by a foreign government to meet this
definition, the vessel must have scientific research as its exclusive
mission during the scientific cruise in question and the vessel
operations must be conducted in accordance with a scientific research
plan.
* * * * *
5. In Sec. 611.7, paragraphs (a)(27) and (a)(28) are redesignated
as paragraphs (a)(29) and (a)(30), respectively, and new paragraphs
(a)(27) and (a)(28) are added to read as follows:
Sec. 611.7 Prohibitions.
(a) * * *
(27) Fish in violation of the terms or conditions of any permit or
authorization issued under the Magnuson Act;
(28) On a scientific research vessel, engage in fishing other than
recreational fishing authorized by applicable state, territorial, or
Federal regulations;
* * * * *
6. Section 611.14 is revised to read as follows:
Sec. 611.14 Scientific research activity.
(a) Scientific research activity. Persons planning to conduct
scientific research activities in the EEZ that may be confused with
fishing are encouraged to submit to the appropriate Regional Director,
Director, or designee, 60 days or as soon as practicable prior to its
start, a scientific research plan for each scientific cruise. The
Regional Director, Director, or designee will acknowledge notification
of scientific research activity by issuing to the operator or master of
that vessel, or to the sponsoring institution, a letter of
acknowledgment. This letter of acknowledgment is separate and distinct
from any permit required under any other applicable law. If the
Regional Director, Director, or designee, after review of a research
plan, determines that it does not constitute scientific research
activity but rather fishing, the Regional Director, Director, or
designee will inform the applicant as soon as practicable and in
writing. The Regional Director, Director, or designee may also make
recommendations to revise the research plan to make the cruise
acceptable as scientific research activity. In order to facilitate
identification of activity as scientific research, persons conducting
scientific research activities are advised to carry a copy of the
scientific research plan and the letter of acknowledgment on board the
scientific research vessel. Activities conducted in accordance with a
scientific research plan acknowledged by such a letter are presumed to
be scientific research activities. The presumption may be overcome by
showing that an activity does not fit the definition of scientific
research activity or is outside the scope of the scientific research
plan.
(b) Reports. Persons conducting scientific research are requested
to submit a copy of any cruise report or other publication created as a
result of the cruise, including the amount, composition, and
disposition of their catch, to the appropriate Science and Research
Director.
7. Table 1 to Appendix A to subpart A of part 611 is revised to
read as follows:
Appendix A to Subpart A--Addresses, Areas of Responsibility and
Communications
Table 1.--Addresses
------------------------------------------------------------------------
NMFS Fisheries
NMFS regional directors Science Center U.S. Coast Guard
directors commanders
------------------------------------------------------------------------
Director, Northeast Region, Director, Northeast Commander, Atlantic
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, One Center, National Guard, Governor's
Blackburn Drive, Marine Fisheries Island, New York,
Gloucester, MA 01930-2298; Service, NOAA, 166 NY 10004; Telex:
Telex: 940007; Telephone: Water Street, Woods 126831; Telephone:
508-281-9300; FAX: 508-281- Hole, MA 02543- 212-668-7877.
9333. 1097, Attn:
Observer Program;
Telex: 322200;
Telephone: 508-548-
5123; FAX: 508-548-
5124.
Director, Southeast Region, Director, Southeast Commander, Atlantic
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, 9721 Exec. Center, National Guard, New York, NY
Center Drive N., St. Marine Fisheries 10004; Telex:
Petersburg, FL 33702; Service, NOAA, 75 126831; Telephone:
Telephone: 813-570-5301; Virginia Beach 212-668-7877.
FAX: 813-570-5300. Drive, Miami, FL
33149-1003;
Telephone: 305-361-
5761; FAX: 305-361-
4219.
Director, Northwest Region, Director, Northwest Commander, Pacific
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, 7600 Sand Center, National Guard, Government
Point Way, NE, BIN C15700, Marine Fisheries Island, Alameda, CA
Bldg. 1, Seattle, WA 98115; Service, NOAA, 2725 94501; Telex:
Telex: 9104442786; Montlake Boulevard 172343; Telephone:
Telephone: 206-526-6150; East, Seattle, WA 510-437-3700; FAX:
FAX: 206-526-6426. 98112-2097; 510-437-3017.
Telephone: 206-442-
1872; FAX: 206-442-
4304.
Director, Alaska Region, Director, Alaska Commander,
National Marine Fisheries Fisheries Science Seventeenth Coast
Service, NOAA, P.O. Box Center, National Guard District,
1668, Juneau, AK 99802- Marine Fisheries P.O. Box 3-5000,
1668; Telex: 09945377; Service, NOAA, 7600 Juneau, AK 99801;
Telephone: 907-586-7221; Sand Point Way, NE, Telex: 45305;
FAX: 907-586-7249. BIN C15700, Bldg. Telephone: 907-586-
4, Seattle, WA 7200 after hours:
98115-0070; Telex: 907-586-7350.
329422; Telephone:
206-526-4000; FAX:
206-526-4004.
[[Page 26438]]
Director, Southwest Region Director, Southwest Commander,
National Marine Fisheries Fisheries Science Fourteenth Coast
Service, NOAA, 501 West Center, National Guard District, 300
Ocean Blvd, Suite 4200, Marine Fisheries Ala Moana Blvd.,
Long Beach, CA 90802-4213; Service, NOAA, P.O. Honolulu, HI 96813;
Telephone: 310-980-4001; Box 271, La Jolla, Telex: 392401;
FAX: 310-980-4018. CA 92038-0271; Telephone: 808-546-
Telephone: 619-546- 7597.
7000; FAX: 619-546-
7003.
------------------------------------------------------------------------
PART 620--GENERAL PROVISIONS FOR DOMESTIC FISHERIES
8. The authority citation for part 620 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
9. In Sec. 620.2, definitions for ``Director'', ``Exempted
educational activity'', ``Exempted or experimental fishing'',
``Regional Director'', ``Science and Research Director'', ``Scientific
cruise'', ``Scientific research activity'', ``Scientific research
plan'', and ``Scientific research vessel'', are added, in alphabetical
order, to read as follows:
Sec. 620.2 Definitions.
* * * * *
Director means the Director of the Office of Fisheries Conservation
and Management, 1315 East-West Highway, Silver Spring, MD 20910.
* * * * *
Exempted educational activity means an activity, conducted by an
educational institution accredited by a recognized national or
international accreditation body, of limited scope and duration, that
is otherwise prohibited by part 285 or chapter VI of this title, but
that is authorized by the appropriate Director or Regional Director for
educational purposes.
Exempted or experimental fishing means fishing from a vessel of the
United States that involves activities otherwise prohibited by part 285
or chapter VI of this title, but that are authorized under an exempted
fishing permit (EFP). These regulations refer exclusively to exempted
fishing. References in 50 CFR part 285 and elsewhere in this chapter to
experimental fishing mean exempted fishing under this part.
* * * * *
Regional Director means the Director of one of the five NMFS
Regions.
* * * * *
Science and Research Director means the Director of one of the five
NMFS Fisheries Science Centers.
Scientific cruise means the period of time during which a
scientific research vessel is operated in furtherance of a scientific
research project, beginning when the vessel leaves port to undertake
the project and ending when the vessel completes the project as
provided for in the applicable scientific research plan.
Scientific research activity is, for the purposes of this part, an
activity in furtherance of a scientific fishery investigation or study
that would meet the definition of fishing under the Magnuson Act, but
for the exemption applicable to scientific research activity conducted
from a scientific research vessel. Scientific research activity
includes, but is not limited to, sampling, collecting, observing, or
surveying the fish or fishery resources within the EEZ, at sea, on
board scientific research vessels, to increase scientific knowledge of
the fishery resources or their environment, or to test a hypothesis as
part of a planned, directed investigation or study conducted according
to methodologies generally accepted as appropriate for scientific
research. At-sea scientific fishery investigations address one or more
issues involving taxonomy, biology, physiology, behavior, disease,
aging, growth, mortality, migration, recruitment, distribution,
abundance, ecology, stock structure, bycatch, and catch estimation of
finfish and shellfish (invertebrate) species considered to be a
component of the fishery resources within the EEZ. Scientific research
activity does not include the collection and retention of fish that is
outside the scope of the applicable research plan, or the testing of
fishing gear. Data collection designed to capture and land quantities
of fish for product development, market research, and/or public display
are not scientific research activities and must be permitted under
exempted fishing procedures.
Scientific research plan means a detailed, written formulation,
prepared in advance of the research, for the accomplishment of a
scientific research project. At a minimum, a sound scientific research
plan should include:
(1) A description of the nature and objectives of the project,
including the hypothesis or hypotheses to be tested.
(2) The experimental design of the project, including a description
of the methods to be used, the type and class of any vessel(s) to be
used (including the name and tonnage of vessel as soon as identified),
and a description of sampling equipment.
(3) The geographical area(s) in which the project is to be
conducted.
(4) The expected date of first appearance and final departure of
any research vessel(s) to be employed, and deployment and removal of
equipment, as appropriate.
(5) The expected quantity and species of fish to be taken and their
intended disposition, and, if significant amounts of a managed species
or species otherwise restricted by size or sex are needed, an
explanation of such need.
(6) The name, address, and telephone/telex/fax number of the
sponsoring organization and its director.
(7) The name, address, telephone/telex/fax number, and curriculum
vitae of the person in charge of the project and, where different, the
person in charge of the research project on board the vessel.
(8) The identity of any vessel(s) to be used, including, but not
limited to, the vessel's name, official documentation number or state
registration number, home port, and name, address, and telephone number
of the owner and master.
Scientific research vessel means a vessel owned or chartered by,
and controlled by, a foreign government agency, U.S. Government agency
(including NOAA or institutions designated as federally funded research
and development centers), U.S. state or territorial agency, university
(or other educational institution accredited by a recognized national
or international accreditation body), international treaty
organization, or scientific institution. To meet this definition, the
vessel must have scientific research as its exclusive mission during
the scientific cruise in question and the vessel operations must be
conducted in accordance with a scientific research plan.
* * * * *
10. In Sec. 620.7, paragraphs (i) through (l) are added to read as
follows:
Sec. 620.7 General prohibitions.
* * * * *
(i) Fish in violation of the terms or conditions of any permit or
[[Page 26439]]
authorization issued under the Magnuson Act.
(j) Fail to report catches as required while fishing pursuant to an
exempted fishing permit.
(k) On a scientific research vessel, engage in fishing other than
recreational fishing authorized by applicable state or Federal
regulations.
(l) Trade, barter, or sell; or attempt to trade, barter, or sell
fish possessed or retained while fishing pursuant to an authorization
for an exempted educational activity.
11. Section 620.10 is added to read as follows:
Sec. 620.10 Scientific research activity, exempted fishing, and
exempted educational activity.
(a) Scientific research activity. Nothing in this part is intended
to inhibit or prevent any scientific research activity conducted by a
scientific research vessel. Persons planning to conduct scientific
research activities in the EEZ are encouraged to submit to the
appropriate Regional Director, Director, or designee, 60 days or as
soon as practicable prior to its start, a scientific research plan for
each scientific cruise. The Regional Director, Director, or designee
will acknowledge notification of scientific research activity by
issuing to the operator or master of that vessel, or to the sponsoring
institution, a letter of acknowledgment. This letter of acknowledgment
is separate and distinct from any permit required by any other
applicable law. If the Regional Director, Director, or designee, after
review of a research plan, determines that it does not constitute
scientific research but rather fishing, the Regional Director,
Director, or designee will inform the applicant as soon as practicable
and in writing. The Regional Director, Director, or designee may also
make recommendations to revise the research plan to make the cruise
acceptable as scientific research activity or recommend the applicant
request an EFP. In order to facilitate identification of activity as
scientific research, persons conducting scientific research activities
are advised to carry a copy of the scientific research plan and the
letter of acknowledgment on board the scientific research vessel.
Activities conducted in accordance with a scientific research plan
acknowledged by such a letter are presumed to be scientific research
activity. The presumption may be overcome by showing that an activity
does not fit the definition of scientific research activity or is
outside the scope of the scientific research plan.
(b) Exempted fishing--(1) General. A NMFS Regional Director or
Director may authorize, for limited testing, public display, data
collection, exploratory, health and safety, environmental cleanup, and/
or hazard removal purposes, the target or incidental harvest of species
managed under an FMP or fishery regulations that would otherwise be
prohibited. Exempted fishing may not be conducted unless authorized by
an EFP issued by a Regional Director or Director in accordance with the
criteria and procedures specified in this section. The Regional
Director or Director may charge a fee to recover the administrative
expenses of issuing an EFP. The amount of the fee will be calculated,
at least annually, in accordance with procedures of the NOAA Handbook
for determining administrative costs of each special product or
service; the fee may not exceed such costs. Persons may contact the
appropriate Regional Director or Director to find out the applicable
fee.
(2) Application. An applicant for an EFP shall submit a completed
application package to the appropriate Regional Director or Director,
as soon as practicable and at least 60 days before the desired
effective date of the EFP. Submission of an EFP application less than
60 days before the desired effective date of the EFP may result in a
delayed effective date because of review requirements. The application
package must include payment of any required fee as specified by
paragraph (b)(1) of this section, and a written application that
includes, but is not limited to, the following information:
(i) The date of the application.
(ii) The applicant's name, mailing address, and telephone number.
(iii) A statement of the purposes and goals of the exempted fishery
for which an EFP is needed, including justification for issuance of the
EFP.
(iv) For each vessel to be covered by the EFP as soon as the
information is available and before operations begin under the EFP:
(A) A copy of the U.S. Coast Guard documentation, state license, or
registration of each vessel, or the information contained on the
appropriate document.
(B) The current name, address, and telephone number of the owner
and master, if not included on the document provided for the vessel.
(v) The species (target and incidental) expected to be harvested
under the EFP, the amount(s) of such harvest necessary to conduct the
exempted fishing, the arrangements for disposition of all regulated
species harvested under the EFP, and any anticipated impacts on marine
mammals or endangered species.
(vi) For each vessel covered by the EFP, the approximate time(s)
and place(s) fishing will take place, and the type, size, and amount of
gear to be used.
(vii) The signature of the applicant.
(viii) The Regional Director or Director, as appropriate, may
request from an applicant additional information necessary to make the
determinations required under this section. An incomplete application
or an application for which the appropriate fee has not been paid will
not be considered until corrected in writing and the fee paid. An
applicant for an EFP need not be the owner or operator of the vessel(s)
for which the EFP is requested.
(3) Issuance. (i) The Regional Director or Director, as
appropriate, will review each application and will make a preliminary
determination whether the application contains all of the required
information and constitutes an activity appropriate for further
consideration. If the Regional Director or Director finds that any
application does not warrant further consideration, both the applicant
and the affected Council(s) will be notified in writing of the reasons
for the decision. If the Regional Director or Director determines that
any application warrants further consideration, notification of receipt
of the application will be published in the Federal Register with a
brief description of the proposal, and the intent of NMFS to issue an
EFP. Interested persons will be given a 15- to 45-day opportunity to
comment and/or comments will be requested during public testimony at a
Council meeting. The notification may establish a cut-off date for
receipt of additional applications to participate in the same, or a
similar, exempted fishing activity. The Regional Director or Director
also will forward copies of the application to the Council(s), the U.S.
Coast Guard, and the appropriate fishery management agencies of
affected states, accompanied by the following information:
(A) The effect of the proposed EFP on the target and incidental
species, including the effect on any total allowable catch.
(B) A citation of the regulation or regulations that, without the
EFP, would prohibit the proposed activity.
(C) Biological information relevant to the proposal, including
appropriate statements of environmental impacts, including impacts on
marine mammals and threatened or endangered species.
(ii) If the application is complete and warrants additional
consultation, the Regional Director or Director may consult with the
appropriate Council(s)
[[Page 26440]]
concerning the permit application during the period in which comments
have been requested. The Council(s) or the Director or Regional
Director shall notify the applicant in advance of any meeting at which
the application will be considered, and offer the applicant the
opportunity to appear in support of the application.
(iii) As soon as practicable after receiving responses from the
agencies identified in paragraph (b)(3)(i) of this section, and/or
after the consultation, if any, described in paragraph (b)(3)(ii) of
this section, the Regional Director or Director shall notify the
applicant in writing of the decision to grant or deny the EFP, and, if
denied, the reasons for the denial. Grounds for denial of an EFP
include, but are not limited to, the following:
(A) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with his or her application; or
(B) According to the best scientific information available, the
harvest to be conducted under the permit would detrimentally affect the
well-being of the stock of any regulated species of fish, marine
mammal, or threatened or endangered species in a significant way; or
(C) Issuance of the EFP would have economic allocation as its sole
purpose; or
(D) Activities to be conducted under the EFP would be inconsistent
with the intent of this section, the management objectives of the FMP,
or other applicable law; or
(E) The applicant has failed to demonstrate a valid justification
for the permit; or
(F) The activity proposed under the EFP could create a significant
enforcement problem.
(iv) The decision of a Regional Director or Director to grant or
deny an EFP is the final action of NMFS. If the permit, as granted, is
significantly different from the original application, or is denied,
NMFS may publish notification in the Federal Register describing the
exempted fishing to be conducted under the EFP or the reasons for
denial.
(v) The Regional Director or Director may attach terms and
conditions to the EFP consistent with the purpose of the exempted
fishing, including, but not limited to:
(A) The maximum amount of each regulated species that can be
harvested and landed during the term of the EFP, including trip
limitations, where appropriate.
(B) The number, size(s), name(s), and identification number(s) of
the vessel(s) authorized to conduct fishing activities under the EFP.
(C) The time(s) and place(s) where exempted fishing may be
conducted.
(D) The type, size, and amount of gear that may be used by each
vessel operated under the EFP.
(E) The condition that observers, a vessel monitoring system, or
other electronic equipment be carried on board vessels operated under
an EFP, and any necessary conditions, such as predeployment
notification requirements.
(F) Reasonable data reporting requirements.
(G) Other conditions as may be necessary to assure compliance with
the purposes of the EFP, consistent with the objectives of the FMP and
other applicable law.
(H) Provisions for public release of data obtained under the EFP
that are consistent with NOAA confidentiality of statistics procedures
as set out at part 603 of this chapter. An applicant may be required to
waive the right to confidentiality of information gathered while
conducting exempted fishing as a condition of an EFP.
(4) Duration. Unless otherwise specified in the EFP or a
superseding notice or regulation, an EFP is effective for no longer
than 1 year, unless revoked, suspended, or modified. EFPs may be
renewed following the application procedures in this section.
(5) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(6) Transfer. EFPs issued under this section are not transferable
or assignable. An EFP is valid only for the vessel(s) for which it is
issued.
(7) Inspection. Any EFP issued under this section must be carried
on board the vessel(s) for which it was issued. The EFP must be
presented for inspection upon request of any authorized officer.
(8) Sanctions. Failure of a permittee to comply with the terms and
conditions of an EFP may be grounds for revocation, suspension, or
modification of the EFP with respect to all persons and vessels
conducting activities under the EFP. Any action taken to revoke,
suspend, or modify an EFP for enforcement purposes will be governed by
15 CFR part 904, subpart D.
(c) Reports. (1) Persons conducting scientific research activity
are requested to submit a copy of any cruise report or other
publication created as a result of the cruise, including the amount,
composition, and disposition of their catch, to the appropriate Science
and Research Director.
(2) Persons fishing under an EFP are required to report their
catches to the appropriate Regional Director or Director, as specified
in the EFP.
(d) Exempted educational activities--(1) General. A NMFS Regional
Director or Director may authorize, for educational purposes, the
target or incidental harvest of species managed under an FMP or fishery
regulations that would otherwise be prohibited. The decision of a
Regional Director or Director to grant or deny an exempted educational
activity authorization is the final action of NMFS. Exempted
educational activities may not be conducted unless authorized in
writing by a Regional Director or Director in accordance with the
criteria and procedures specified in this section. Such authorization
will be issued without charge.
(2) Application. An applicant for an exempted educational activity
authorization shall submit to the appropriate Regional Director or
Director, at least 15 days before the desired effective date of the
authorization, a written application that includes, but is not limited
to, the following information.
(i) The date of the application.
(ii) The applicant's name, mailing address, and telephone number.
(iii) A brief statement of the purposes and goals of the exempted
educational activity for which authorization is requested, including a
general description of the arrangements for disposition of all species
collected.
(iv) Evidence that the sponsoring institution is a valid
educational institution, such as accreditation by a recognized national
or international accreditation body.
(v) The scope and duration of the activity.
(vi) For each vessel to be covered by the authorization:
(A) A copy of the U.S. Coast Guard documentation, state license, or
registration of the vessel, or the information contained on the
appropriate document.
(B) The current name, address, and telephone number of the owner
and master, if not included on the document provided for the vessel.
(vii) The species and amounts expected to be caught during the
exempted educational activity.
(viii) For each vessel covered by the authorization, the
approximate time(s) and place(s) fishing will take place, and the type,
size, and amount of gear to be used.
(ix) The signature of the applicant.
[[Page 26441]]
(x) The Regional Director or Director may request from an applicant
additional information necessary to make the determinations required
under this section. An incomplete application will not be considered
until corrected in writing.
(3) Issuance. (i) The Regional Director or Director, as
appropriate, will review each application and will make a determination
whether the application contains all of the required information, is
consistent with the goals, objectives, and requirements of the FMP or
regulations and other applicable law, and constitutes a valid exempted
educational activity. The applicant will be notified in writing of the
decision within 5 working days of receipt of the application.
(ii) The Regional Director or Director may attach terms and
conditions to the authorization, consistent with the purpose of the
exempted educational activity, including, but not limited to:
(A) The maximum amount of each regulated species that may be
harvested.
(B) The time(s) and place(s) where the exempted educational
activity may be conducted.
(C) The type, size, and amount of gear that may be used by each
vessel operated under the authorization.
(D) Reasonable data reporting requirements.
(E) Such other conditions as may be necessary to assure compliance
with the purposes of the authorization, consistent with the objectives
of the FMP or regulations.
(F) Provisions for public release of data obtained under the
authorization, consistent with NOAA confidentiality of statistics
procedures at part 603 of this chapter. An applicant may be required to
waive the right to confidentiality of information gathered while
conducting exempted educational activity as a condition of the
authorization.
(iii) The authorization will specify the scope of the authorized
activity and will include, at a minimum, the duration, vessel(s),
species and gear involved in the activity, as well as any additional
terms and conditions specified under paragraph (d)(3)(ii) of this
section.
(4) Duration. Unless otherwise specified, authorization for an
exempted educational activity is effective for no longer than 1 year,
unless revoked, suspended, or modified. Authorizations may be renewed
following the application procedures in this section.
(5) Alteration. Any authorization that has been altered, erased, or
mutilated is invalid.
(6) Transfer. Authorizations issued under this paragraph (d) are
not transferable or assignable.
(7) Inspection. Any authorization issued under this paragraph (d)
must be carried on board the vessel(s) for which it was issued or be in
possession of the applicant to which it was issued while the exempted
educational activity is being conducted. The authorization must be
presented for inspection upon request of any authorized officer.
Activities that meet the definition of ``fishing,'' despite an
educational purpose, are fishing. An authorization may allow covered
fishing activities; however, fishing activities conducted outside the
scope of an authorization for exempted educational activities are
illegal.
[FR Doc. 96-13288 Filed 5-24-96; 8:45 am]
BILLING CODE 3510-22-P
Complete official Federal Register PDF
FR Doc. 96-13282 Mexican Fruit Fly Regulations; Addition of Regulated Areas
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13282]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules
and Regulations
[[Page 26423]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-089-2]
Mexican Fruit Fly Regulations; Addition of Regulated Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the Mexican fruit fly regulations by adding
California to the list of quarantined States and by designating
portions of Los Angeles County and San Diego County, CA, as regulated
areas. The interim rule was necessary to impose certain restrictions on
the interstate movement of regulated articles from the regulated areas
in California in order to prevent the spread of the Mexican fruit fly
to noninfested areas of the United States.
EFFECTIVE DATE: The interim rule was effective on January 22, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective January 22, 1996, and published in the
Federal Register on January 26, 1996 (61 FR 2391-2393, Docket No. 95-
089-1), we amended the Mexican fruit fly regulations in 7 CFR 301.64 by
quarantining the State of California and designating as regulated areas
portions of Los Angeles County and San Diego County, CA.
Comments on the interim rule were required to be received on or
before March 26, 1996. We did not receive any comments. The facts
presented in the interim rule still provide a basis for the rule.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12778, the National Environmental
Policy Act, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 61
FR 2391-2393 on January 26, 1996.
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Done in Washington, DC, this 21st day of May 1996.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-13282 Filed 5-24-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-13275 Safety Standards for Underground Coal Mine Ventilation
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26441-26442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13275]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AA11
Safety Standards for Underground Coal Mine Ventilation
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule; corrections.
-----------------------------------------------------------------------
SUMMARY: This document corrects errors in the final rule for safety
standards for underground coal mine ventilation which appeared in the
Federal Register on March 11, 1996 (61 FR 9764).
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, (703) 235-1910.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 1996, MSHA published a final rule to revise its safety
standards for underground coal mine ventilation. This document corrects
several errors that appeared in the preamble discussion and in the
final rule.
In the preamble discussion to Sec. 75.313 Main mine fan stoppage
with persons underground, on page 9774, the second column, 25 lines
from the bottom, the phrase ``in nonventilated areas'' inadvertently
appears. This correction notice deletes the phrase from the preamble.
The final rule language of Sec. 75.322, Harmful quantities of
noxious gases, is incorrect. No changes were proposed to Sec. 75.322
and the current version of Sec. 75.322 that appears in the 1995
compilation of the Code of Federal Regulations is correct. Therefore,
Sec. 75.322 is corrected to be the version that appears in the 1995
compilation of the Code of Federal Regulations.
The final rule language of Sec. 75.325 Air quantity, inadvertently
omits the last sentence of existing Sec. 75.325(b). No changes were
proposed to Sec. 75.325(b) and the current version of Sec. 75.325(b)
that appears in the 1995 compilation of the Code of Federal Regulations
is correct. Therefore, Sec. 75.325(b) is corrected to be the version
that appears in the 1995 compilation of the Code of Federal
Regulations.
Paragraph (h) of Sec. 75.333(h) Ventilation controls, deals with
the maintenance of ventilation controls. In the preamble and the rule,
the word ``permanent'' inadvertently appears. This correction notice
deletes the word ``permanent'' from Sec. 75.333(h) and from the
preamble of the rule in the last sentence of the second column of page
9782. The preamble discussion in columns 1 and 2 of page 9784 makes it
clear that Sec. 75.333(h) is to apply to temporary controls as well as
permanent controls, and that the word ``permanent'' therefore appeared
in error. As correctly stated on page 9784, ``Given the importance of
temporary control devices in providing for adequate ventilation, the
final rule requires all ventilation controls, both permanent and
temporary, including all doors and seals, to be maintained to serve the
purpose for which they were built.''
The preamble for paragraph (g)(2) of Sec. 75.362 On-shift
examination, is inconsistent with the language appearing in the final
rule. This correction notice clarifies the intent of the Agency that a
certified person must certify that the examination has been completed.
At page 9799 of the preamble discussion, the preamble correctly states
that: ``The final rule deletes the word `certified,' permitting on-
shift examinations of dust controls to be conducted by one or more
persons who are not certified individuals. However, the examination
must still be conducted under the direction of a person designated by
the operator and as set out in paragraph (g)(2), a certified person
must certify that the examination has been completed * * *.'' The last
sentence at page 9801 in the preamble discussion of the rule is
inconsistent with this explanation and this correction document
corrects the sentence. Also, the word ``certified'' is added to the
rule.
In the last sentence of the final rule language of paragraph (a)(2)
of Sec. 75.362 On-shift examination, on page 9839, the second column,
the word additional
[[Page 26442]]
inadvertently appears. This correction notice deletes the word from the
rule.
The second sentence of the final rule language of paragraph (a) of
Sec. 75.363 Hazardous conditions; posting, correcting and recording,
inadvertently contains a phrase which limits the application of the
rule. The phrase would exclude the application of posting and
correcting requirements of Sec. 75.363 when a hazardous condition is
found during a preshift examination or during a preshift type
examination conducted following a fan stoppage and restart under
Sec. 75.313(d)(1)(i). As proposed, MSHA's intent is that the
Sec. 75.363 requirements for posting or immediately correcting
hazardous conditions do apply to the preshift examination and to
preshift-type examinations conducted following a fan stoppage and
restart under Sec. 75.313(d)(1)(i). It is only the recording
requirements of Sec. 75.363 that do not extend to the Sec. 75.360 and
Sec. 75.364 examinations since these examinations contain their own
recording requirements. This correction notice deletes the phrase that
inadvertently appears in the rule. Also, this correction notice makes a
conforming change to the preamble of the rule. On page 9802 of the
preamble to the final rule, the second sentence of the second paragraph
in the first column is corrected by this notice.
In the preamble to Sec. 75.380 Escapeways; bituminous and lignite
mines, on page 9813, the second column, 14 lines from the top, the date
``September 15, 1992'' is incorrect. The correct date is ``November 16,
1992,'' which was the effective date of the 1992 final ventilation
rule. This correction notice deletes the incorrect date and replaces it
with the correct date. In addition, a portion of the preamble
discussion for Sec. 75.380 is inadvertently repeated almost verbatim
and is deleted by this correction notice. Specifically, the repetition
of the preamble discussion of Sec. 75.380 begins with the third full
paragraph of the middle column on page 9816 (the paragraph begins,
Like the proposal, the final rule * * *'') and continues through the
end of the preamble discussion for Sec. 75.380.
Correction of Publication
The preamble and final rule for safety standards for underground
coal mine ventilation that appeared in the Federal Register on March
11, 1996 (61 FR 9764) are corrected as follows:
1. In the preamble, on page 9774, in the second column, 25 lines
from the bottom, the phrase ``in nonventilated areas'' is removed.
2. In the preamble, on page 9782, in the second column, last
paragraph, the last sentence is correctly revised to read as ``New
paragraph (h) requires all ventilation controls, including seals, to be
maintained to serve the purpose for which they were built''.
3. In the preamble, on page 9801, in the last column, last
paragraph, the last sentence is correctly revised to read as ``Under
(g)(2), the certified person directing the on-shift examination to
assure compliance with the respirable dust control parameters specified
in the mine ventilation plan must certify by initials, date, and time
that the examination was made.''
4. In the preamble, on page 9802, in the first column, the second
sentence of the second paragraph is correctly revised to read as, ``It
specifies that hazardous conditions shall be corrected immediately or
posted until the conditions are corrected.''
5. In the preamble, on page 9813, in the second column, 14 lines
from the top, remove ``September 15, 1992'', and add ``November 16,
1992''.
6. In the preamble, beginning on page 9816, in the second column,
the third full paragraph, through page 9820, to the end of the first
column is removed.
7. In the rule, on page 9832, in the first column, Sec. 75.322 is
correctly revised to read as:
Sec. 75.322 Harmful quantities of noxious gases.
Concentrations of noxious or poisonous gases, other than carbon
dioxide, shall not exceed the threshold limit values (TLV) as specified
and applied by the American Conference of Governmental Industrial
Hygienists in ``Threshold Limit Values for Substance in Workroom Air''
(1972). Detectors or laboratory analysis of mine air samples shall be
used to determine the concentrations of harmful, noxious, or poisonous
gases. This incorporation by reference has been approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies are available from the Mine Safety and Health
Administration, Department of Labor, 4015 Wilson Boulevard, Arlington,
VA 22203 and at every Coal Mine Health and Safety District and
Subdistrict Office. The material is available for examination at the
Office of the Federal Register, 800 N. Capitol Street, NW., 7th Floor,
suite 700, Washington, DC.
Sec. 75.325 [Corrected]
8. In the rule, on page 9833, in the second column, Sec. 75.325(b),
a sentence is added following the last sentence of the first paragraph
to read as follows:
* * * * *
(b) * * * This minimum also applies to sections which are not
operating but are capable of producing coal by simply energizing the
equipment on the section.
* * * * *
Sec. 75.333 [Corrected]
9. In the rule, on page 9835, in the first column, Sec. 75.333,
paragraph (h), is correctly revised to read as follows:
* * * * *
(h) All ventilation controls, including seals, shall be maintained
to serve the purpose for which they were built.
Sec. 75.362 [Corrected]
10. In the rule, on page 9839, in the second column, the last
sentence, Sec. 75.362, paragraph (a)(2), is correctly revised to read
as follows:
(a) * * *
(2) * * * Measurements of the air velocity and quantity, water
pressure and flow rates are not required if continuous monitoring of
these controls is used and indicates that the dust controls are
functioning properly.
* * * * *
11. In the rule, on page 9839, in the third column, Sec. 75.362,
paragraph (g)(2), is correctly revised to read as follows:
* * * * *
(g) * * *
(2) The certified person directing the on-shift examination to
assure compliance with the respirable dust control parameters specified
in the mine ventilation plan shall certify by initials, date, and time
that the examination was made.
* * * * *
Sec. 75.363 [Corrected]
12. In the rule on page 9839, in the third column, the second
sentence of Sec. 75.363, paragraph (a), is correctly revised to read as
follows:
(a) * * * A hazardous condition shall be corrected immediately or
the area shall remain posted until the hazardous condition is
corrected. * * *
* * * * *
Dated: May 17, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-13275 Filed 5-22-96; 3:08 pm]
BILLING CODE 4510-43-P
Complete official Federal Register PDF
FR Doc. 96-13264 Indiana Regulatory Program
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26442-26445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13264]
=======================================================================
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[[Page 26443]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-112-FOR; Amendment No. 92-7C]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; clarification/approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is clarifying the previous approval, and noted deferrals
therein, of an amendment to the Indiana permanent regulatory program
(hereinafter referred to as the ``Indiana program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The amendment
consisted of revisions to Indiana's Surface Coal Mining and Reclamation
Rules concerning the control of subsidence caused by underground mining
operations. The amendment was submitted to revise the Indiana program
to be consistent with SMCRA and to incorporate State initiatives.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis,
Indiana 46204-1521, Telephone (317) 226-6166.
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Indiana Program
On July 29, 1982, the Secretary of the Interior conditionally
approved the Indiana program. Background information on the Indiana
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the July 26,
1982, Federal Register (47 FR 32107). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 914.15, and 914.16.
II. Submission of the Proposed Amendment
By letter dated December 2, 1992 (Administrative Record No. IND-
1175), the Indiana Department of Natural Resources (IDNR) submitted a
proposed amendment (#92-7) to the Indiana program. Amendment #92-7
proposed changes to the Indiana surface mining rules concerning
subsidence liability.
On May 17, 1993, OSM approved, with two exceptions, amendment #92-7
(58 FR 28775). By letter dated March 18, 1994 (Administrative Record
Number IND-1340), Indiana submitted to OSM a notice of the final
adoption of amendment #92-7 as published in the Indiana Register,
Volume 17, Number 6, pages 1086-1089 (March 1, 1994).
The final adopted language of amendment #92-7 differed in some ways
from the language approved by OSM on May 17, 1993. Therefore, OSM
reopened the public comment period and invited comment on the
substantive differences.
OSM announced receipt of the proposed amendment (i.e., the adopted
language of #92-7) in the April 22, 1994, Federal Register (59 FR
19155), and in the same document opened the public comment period and
provided opportunity for a public hearing on the adequacy of the
proposed amendment. The comment period closed on May 23, 1994.
On April 20, 1995, OSM approved the amendment with deferrals on
decisions in three areas until July 31, 1995, when OSM was to address
the enforcement of SMCRA section 720 and 30 CFR 784.20 and 817.121 (60
FR 19669). The deferrals related to the above enforcement provisions
during the period from the effective date of SMCRA section 720 (October
24, 1992) to the effective date of the corresponding Indiana statute IC
13-4.1-9-2.5 (June 30, 1994).
On July 28, 1995, OSM announced its decision on initial enforcement
of underground coal mine subsidence control and water replacement
requirements in Indiana (60 FR 38680). After consultation with Indiana
and consideration of public comments, OSM decided that initial
enforcement in Indiana would be accomplished through joint Indiana and
OSM enforcement. OSM, however, did not specifically address the
deferrals of the April 20, 1995, approval (60 FR 19669).
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
deferrals contained in the original approval of the proposed amendment
(60 FR 19669). These findings are based on the original proposed
amendment and the April 20, 1995, approval and deferrals related to the
enforcement scheme as published on July 28, 1995. It should be noted
that the July 28, 1995, decision addressed only the initial enforcement
schemes for water replacement (30 CFR 817.41(j)) and subsidence damage
repair/compensation (30 CFR 817.121(c)(2)) provided for under section
720 of the Surface Mining Control and Reclamation Act of 1977 (SMCRA),
as amended by the Energy Policy Act of 1992, Pub. L. 102-486, 106 Stat.
2776(1992). In addition to the basic water supply replacement
requirement and the related subsidence damage repair requirement, the
implementing Federal regulations that became effective March 31, 1995,
contain other related supporting and permitting provisions. OSM
anticipates that these other requirements will become effective in the
same way as other revisions to the permanent program regulations; i.e.,
in primacy states such as Indiana, upon adoption of counterpart State
regulatory program provisions (60 FR 16722). This process will be
initiated separately by OSM under the provisions of 30 CFR 732.17(d)).
1. 310 IAC 12-3-87.1 Subsidence Control Plan
310 IAC 12-3-87.1(c)(2). In the April 20, 1995, Federal Register,
the Director approved the language at subsection 87.1(c)(2) to the
extent that it met the requirements of SMCRA section 720 and 30 CFR
784.20 from June 30, 1994. However, the Director deferred a decision
until July 31, 1995, on the enforcement of the provisions of SMCRA
section 720 and 30 CFR 784.20 during the period from the effective date
of SMCRA section 720 (October 24, 1992) to the effective date of the
corresponding Indiana statute IC 13-4.1-9-2.5 (June 30, 1994).
On July 28, 1995, OSM announced its decision on initial enforcement
of underground coal mine subsidence control and water replacement
requirements in Indiana (60 FR 38680). After consultation with Indiana
and consideration of public comments, OSM decided that initial
enforcement in Indiana would be accomplished through joint Indiana and
OSM enforcement. In discussions leading to this decision, Indiana
indicated that Indiana law at IC 13-4.1-9-2.5 incorporates the
substantive language of section 620 of SMCRA and applies to underground
mining operations conducted after June 30, 1994. For underground mining
operations conducted in Indiana in the interim period between October
24, 1992 (the effective date of the Energy Policy Act of 1992 and SMCRA
section 720), and June 30, 1994 (the effective
[[Page 26444]]
date of Indiana law counterpart to the Energy Policy Act of 1992), the
State concluded that the existing Indiana program provisions provide
the IDNR with sufficient authority to impose the requirements of the
Energy Policy Act of 1992 with respect to underground mining operations
conducted in Indiana during the interim period. The State concluded,
however, that although it believes that the IDNR has sufficient
authority to impose the requirements of the Energy Policy Act of 1992
during the interim period, joint State and OSM enforcement in Indiana
should be the chosen enforcement scheme in Indiana, as it would assure
protection for the citizens of Indiana during the interim period
(Administrative Record Number IND-1494). Under this scheme, the IDNR
would enforce the requirements of the Energy Policy Act of 1992 in
Indiana from June 30,1994, and during the interim period to the extent
permissible under Indiana law. OSM would enforce the requirements of
the Energy Policy Act of 1992 in the interim period only if a situation
arose where the State could not so enforce.
Based on the discussion above, the Director finds that 310 IAC 12-
3-87.1(c)(2) is no less effective than 30 CFR 784.20 and no less
stringent than SMCRA section 720, to the extent that IC 13-4.1-9-2.5
meets the requirements of SMCRA section 720 and 30 CFR 784.20 from June
30, 1994, and the enforcement scheme approved July 28, 1995, meets the
requirements of SMCRA section 720 and 30 CFR 784.20 during the period
from the effective date of SMCRA section 720 (October 24, 1992) to the
effective date of IC 13-4.1-9-2.5 (June 30, 1994).
2. 310 IAC 12-5-130.1 Subsidence Control; General Requirements
310 IAC 12-5-130.1(c)(2). In the April 20,1995, Federal Register,
the Director approved the language at subsection 130.1(c)(2) to the
extent that it met the requirements of SMCRA section 720 from June 30,
1994. However, the Director deferred a decision until July 31, 1995, on
the enforcement of the provisions of SMCRA section 720 and 30 CFR
817.121 during the period from the effective date of SMCRA section 720
(October 24, 1992) to the effective date of the corresponding Indiana
statute IC 13-4.1-9-2.5 (June 30, 1994).
As discussed in Finding 1 above, on July 28, 1995, OSM announced
its decision on initial enforcement of underground coal mine subsidence
control and water replacement requirements in Indiana (60 FR 38680).
OSM decided that initial enforcement would be accomplished through
joint Indiana and OSM enforcement. The IDNR would enforce the
requirements of the Energy Policy Act of 1992 in Indiana from June 30,
1994, and during the interim period (October 24, 1992-June 30, 1994) to
the extent permissible under Indiana law. OSM would enforce the
requirements of the Energy Policy Act of 1992 in the interim period
only if a situation arose where the State could not so enforce.
Based on the above discussion, the Director finds that 310 IAC 12-
5-130.1(c)(2) is no less effective than 30 CFR 817.121(c)(2) and no
less stringent than SMCRA section 720, to the extent that IC 13-4.1-9-
2.5 meets the requirements of SMCRA section 720 from June 30, 1994, and
the enforcement scheme approved July 28, 1995, meets the requirements
of SMCRA section 720 and 30 CFR 817.121(c)(2) during the period from
the effective date of SMCRA section 720 (October 24, 1992) to the
effective date of IC 13-4.1-9-2.5 (June 30, 1994).
3. Repeal of 310 IAC 12-5-132
Indiana proposed the repeal of 310 IAC 12-3-87, 310 IAC 12-5-130,
310 IAC 12-5-131, and 310 IAC 12-5-132 because the provisions were
replaced by 310 IAC 12-3-87.1, 310 IAC 12-5-130.1, and 310 IAC 12-5-
131.1. The Director deferred decision on the repeal of 310 IAC 12-5-132
until July 31, 1995, when OSM was to address the enforcement of the
provisions of SMCRA section 720 and 30 CFR 784.20 and 817.121 during
the period from the effective date of SMCRA section 720 (October 24,
1992) to the effective date of IC 13-4.1-9-2.5 (June 30, 1994).
As discussed in Findings 1 and 2 above, on July 28, 1995, OSM
announced its decision on initial enforcement of underground coal mine
subsidence control and water replacement requirements in Indiana (60 FR
38680), finding that initial enforcement would be accomplished through
joint Indiana and OSM enforcement. IDNR would enforce the requirements
of the Energy Policy Act of 1992 in Indiana from June 30, 1994, and
during the interim period (October 24, 1992-June 30, 1994) to the
extent permissible under Indiana law. OSM would enforce the
requirements of the Energy Policy Act of 1992 in the interim period
only if a situation arose where the State would not so enforce.
Based on the above discussion, the Director is approving the repeal
of 310 IAC 12-5-132 because appropriate provisions are replaced by 310
IAC 12-3-87.1 and 310 IAC 12-5-130.1 and the repeal does not render the
Indiana program less effective than the counterpart Federal
requirements to the extent that IC 13-4.1-9-2.5 meets the requirements
of SMCRA section 720 from June 30, 1994, and the enforcement scheme
approved July 28, 1995, meets the requirements of SMCRA section 720 and
30 CFR 784.20 and 817.121(c)(2) during the period from the effective
date of SMCRA section 720 (October 24, 1992) to the effective date of
IC 13-4.1-9-2.5 (June 30, 1994).
IV. Summary and Disposition of Comments
Comments on the initial submittal were solicited from Federal
agencies and the public on January 14, 1993 (58 FR 4372), and on the
adopted language of the approved changes on April 22, 1994 (59 FR
19155). Comments received were discussed in the related Federal
Registers of May 17, 1993 (58 FR 28775), and April 20, 1995 (60 FR
19669), respectively. As this current action is based on language of
the previous submittals, the solicitation of additional comments is not
necessary; refer to the Federal Registers identified above for the
discussion of comments received.
V. Director's Decision
Based on the findings above, the Director is approving the three
provisions of Indiana's program amendment concerning subsidence, as
originally submitted by Indiana on March 18, 1994, and for which the
decisions were deferred in the April 20, 1995, Federal Register (60 FR
19669). As discussed above in Finding 1 concerning 310 IAC 12-3-
87.1(c)(2) and Finding 2 concerning 310 IAC 12-5-130.1(c)(2), the
Director is approving the proposed deference to State law to the extent
that IC 13-4.1-9-2.5 meets the requirements of SMCRA section 720 from
June 30, 1994, and the enforcement scheme approved July 28, 1995, meets
the requirements of SMCRA section 720 and 30 CFR 784.20 and
817.121(c)(2) during the period from the effective date of SMCRA
section 720 (October 24, 1992) to the effective date of IC 13-4.1-9-2.5
(June 30, 1994). As discussed in Finding 3, the Director is also
approving the repeal of 310 IAC 12-5-132.
The Federal regulations at 30 CFR Part 914, codifying decisions
concerning the Indiana program, are being amended to implement this
decision.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
[[Page 26445]]
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 8, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 914--INDIANA
1. The authority citation for Part 914 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 914.15 is amended by adding paragraph (qqq) to read as
follows:
Sec. 914.15 Approval of regulatory program amendments.
* * * * *
(qqq) The revised provisions at 310 IAC 12-3-87.1(c)(2) and 310 IAC
12-5-130.1(c)(2) and the repeal of 310 IAC 12-5-132 contained in
Indiana's program amendment concerning subsidence, as originally
submitted by Indiana on March 18, 1994, and for which the decisions
were deferred on April 20, 1995, are approved effective May 28, 1996.
[FR Doc. 96-13264 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-13263 Missouri Regulatory Program
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26454-26461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13263]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 925
[SPATS No. MO-025-FOR]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving, with certain exceptions, a proposed
amendment to the Missouri regulatory program (hereinafter referred to
as the ``Missouri program'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of a
proposed set of revegetation success guidelines and a rulemaking that
eliminates the reference to an earlier set of guidelines that was never
approved by OSM. The amendment is intended to revise the Missouri
program to be consistent with the corresponding Federal regulations.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating
Center, Office of Surface Mining Reclamation and Enforcement, Alton
Federal Building, 501 Belle Street, Alton, Illinois 62002, Telephone:
(618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Missouri Program
On November 21, 1980, the Secretary of Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Submission of the Proposed Amendment
By letter dated December 14, 1995 (Administrative Record no. MO-
633), Missouri submitted a proposed amendment to its program pursuant
to SMCRA. Missouri submitted the proposed amendment in response to the
required program amendments at 30 CFR 925.16 (a) and (p)(6). The
provisions of the Code of State Regulations (CSR) that Missouri
proposes to amend are: 10 CSR 40-3.120/3.270(c)(B)2.A-H., Specific
revegetation success standards for postmining land uses. Specifically,
Missouri proposes revisions to its approved program for evaluating
revegetation success. Missouri revised its regulations for the specific
standards for each of its approved land uses to delete the reference to
an earlier set of guidelines that had not been approved by OSM and
reference the guidelines as currently proposed in this amendment. The
proposed revegetation success guidelines consist of eight separate
guidance documents that establish the revegetation success standards by
land use. These documents are titled the: (1) Phase II and Phase III
revegetation standards for prime farmland; (2) Phase III revegetation
standards for cropland; (3) Phase III revegetation standards for
pasture and previously mined areas; (4) Phase III revegetation
standards for wildlife habitat; (5) Phase III revegetation standards
for woodland; (6) Phase III revegetation standards for industrial/
commercial revegetation; (7) Phase III revegetation success standards
for residential land use; and (8) Phase III revegetation success
standards for recreation land use. Each set of guidelines elaborates by
land use type the revegetation success standards, measurement
frequency, sampling procedures, data submission and analysis, maps, and
mitigation plan requirements. The guidance documents follow the
approved Missouri program regulations at 10 CSR 40-3.120/3.270(6).
OSM announced receipt of the proposed amendment in the January 26,
1996, Federal Register (61 FR 2459), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on February 26, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
[[Page 26455]]
1. 10 CSR 40-3.120/3.270(6)(B)--Specific Standards for Postmining Land
Uses
The required amendment at 30 CFR 925.16(p)(6) requires Missouri to
amend its program at 10 CSR 40-3.120/3.270(6)(B) 2.A through H to
remove the reference to the Land Reclamation Commission's June 1990
Phase III Liability Release Guidelines.
Missouri proposes to revise each land use specific revegetation
success guidance document which it incorporated by reference into its
regulations. Measurement, for applicable land use specific levels of
ground cover, production, or stocking shall be performed in accordance
with the criteria contained in the current land use specific guidelines
of the Land Reclamation Commission.
Although there is not an exact counterpart Federal regulation
concerning the incorporation by reference of revegetation success
guidance documents, the Federal regulations at 30 CFR 816/817.116(a)(1)
require a State to include its standards for success and statistically
valid sampling techniques for measuring revegetation success in its
approved regulatory program. Missouri is proposing to accomplish this
by incorporating eight land use specific guidance documents by
reference in its regulations at 10 CSR 40-3.120/3.270(6)(B). The
Director finds that Missouri's proposal to include these documents by
reference into its approved program is not inconsistent with the
Federal regulation requirements. Accordingly, the Director is removing
the required program amendment from the Missouri program as codified at
30 CFR 925.16(p)(6).
2. Revegetation Success Guidelines
The required amendment at 30 CFR 925.16(a) requires Missouri to
amend its program to include those technical guidance procedures that
the State considers acceptable for use in evaluating revegetation
success.
a. Phase III Revegetation Success Standards for Woodland
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for Woodland.'' This document describes
the criteria and procedures for determining Phase III success standards
for areas being restored as Woodland pursuant to 10 CSR 40-3.120/
3.270(6) and (7).
Missouri proposes that revegetation success on woodland be
determined on the basis of: the general revegetation requirements of
the approved permit; ground cover; and tree/shrub stocking and
survival. The permittee is responsible for measuring the vegetation and
for submitting the data to the director of Missouri Land Reclamation
Program (MLRP) for analysis. Measurements of the vegetation must be
made in accordance with the procedures outlined in the guidance
document. The director of MLRP must determine that the general
requirements for revegetation success be satisfied as stated in 10 CSR
40-3.120/3.270(1). The guidance document sets out specific success
standards and measurement frequencies for ground cover and tree and
shrub stocking rate based on the regulatory requirements of 10 CSR 40-
3.120/3.270. Sampling procedures are to use statistically valid random
sampling methods using a 90 percent statistical confidence limit.
Ground cover is to be measured by the line-point transect method and
tree/shrub stocking is to be measured with sampling circles. Sample
adequacy is to be determined using a prescribed formula. If the data
indicates that the vegetation is close to the standard but less than
the standard, the data is to be submitted to the director of MLRP for
statistical analysis to determine if the differences are statistically
significant within the limits allowed by regulation. Maps must be
provided by the permittees for each Phase III plan indicating the
location of each sampling transect and sample frame point, the area
covered by the sampling and all permit boundaries. If the permittees
can not demonstrate revegetation success in the fifth year after
completion of initial seeding, a mitigation plan must be submitted to
the director of MLRP including a statement of the problem, a discussion
of methods to correct the problem, and a new phase III liability
release plan. If the plan involves augmented activities then the 5 year
responsibility period will begin again. Appendices are attached
illustrating the selection of random sampling sites; data forms for
line-point transect; data forms for sample circle; T-table; example of
sample adequacy determination for ground cover; example of sample
adequacy determination for tree/shrub stocking; statistical analysis
for ground cover and tree/shrub stocking; accepted plant species; and
references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for woodland. The Director finds that
the guidance document is not inconsistent with and no less effective
than the Federal regulations.
b. Phase III Success Standards for Industrial/Commercial Revegetation
Missouri proposes to adopt a guidance document entitled ``Phase III
Success Standards for Industrial/Commercial Revegetation.'' This
document describes the criteria and procedures for determining Phase
III success standards for areas being restored as industrial/commercial
pursuant to 10 CSR 40-3.120/3.270 (6) and (7).
Missouri proposes that revegetation success on industrial/
commercial be determined on the basis of: the general revegetation
requirements of the approved permit; and ground cover density. The
permittee is responsible for measuring the vegetation and for
submitting the data to the director of MLRP for analysis. Measurements
of the vegetation must be made in accordance with the procedures
outlined in the guidance document. The director of MLRP must determine
that the general requirements for revegetation success be satisfied as
stated in 10 CSR 40-3.120/3.270(1). The guidance document sets out
specific success standards and measurement frequencies for ground cover
based on the regulatory requirements of 10 CSR 40-3.120/3.270. Sampling
procedures are to use statistically valid random sampling methods using
a 90 percent confidence interval. Ground cover is to be measured by the
line-point transect method. Sample adequacy is to be determined using a
prescribed formula. If the data indicates that the vegetation is close
to the standard but less than the standard, the data is to be submitted
to the director of MLRP for statistical analysis to determine if the
differences are
[[Page 26456]]
statistically significant within the limits allowed by regulation. Maps
must be provided by the permittee for each Phase III plan indicating
the location of each sampling transect and sample frame point, the area
covered by the sampling, and all permit boundaries. If the permittee
can not demonstrate revegetation success in the fifth year after
completion of initial seeding, a mitigation plan must be submitted to
the director of MLRP including a statement of the problem, a discussion
of methods to correct the problem, and a new phase III liability
release plan. If the plan involves augmented activities then the 5 year
responsibility period will begin again. Appendices are attached
illustrating the selection of random sampling sites; data forms for
line-point transect; data forms for sample circle; T-table; example of
sample adequacy determination for ground cover; statistical analysis
for ground cover; accepted plant species; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for industrial/commercial land uses.
The Director finds that the guidance document is not inconsistent with
and is no less effective than the Federal regulations.
c. Phase III Revegetation Success Standards for Cropland
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for Cropland.'' This document describes
the criteria and procedures for determining Phase III success standards
for areas being restored as cropland pursuant to 10 CSR 40-3.120/3.270
(6) and (7).
Missouri proposes that revegetation success on cropland be
determined on the basis of ground cover and crop production. The
permittee is responsible for measuring the vegetation and for
submitting the data to the director of MLRP for analysis. Measurements
of the vegetation must be made in accordance with the procedures
outlined in the guidance document. The guidance document sets out
specific success standards and measurement frequencies for ground cover
and crop production based on the regulatory requirements of 10 CSR 40-
3.120/3.270. The crop production standard is to be determined with a
reference area or the use of a technical standard. Approved technical
standards include the county average or target yield established by the
U.S. Department of Agriculture Natural Resources Conservation Service
(USDA NRCS). Target yields must be adjusted annually and be
representative of yields expected when using high management practices
common to the area. Sampling procedures are to use statistically valid
random sampling methods. Ground cover is to be measured by the line-
point transect method. Crop production is to be measured utilizing
sampling frames for forage production or whole area harvest for forage
or row crop production. Manual sampling of row crops is only allowed
when weather or other factors prevent mechanical harvest and must have
prior approval by the director of MLRP. The guidance document also
establishes a method for establishing representative test plots for use
with row crop production. Sample adequacy is to be determined using a
prescribed formula. If the data indicates that the vegetation is close
to the standard but less than the standard, the data is to be submitted
to the director of MLRP for statistical analysis to determine if the
differences are statistically significant within the limits allowed by
regulation. Maps must be provided by the permittee for each Phase III
plan indicating the location of each sampling transect and sample frame
point, the area covered by the sampling, and all permit boundaries. If
the permittee can not demonstrate revegetation success in the fifth
year after completion of initial seeding, a mitigation plan must be
submitted to the director of MLRP including a statement of the problem,
a discussion of methods to correct the problem, and a new phase III
liability release plan. If the plan involves augmented activities then
the 5 year responsibility period will begin again. Appendices are
attached illustrating the selection of random sampling sites; summary
data forms for sampling frames; data forms for crop production data; T-
table; example of sample adequacy determination for hay production
measurements; statistical analysis for sampling frame data; data form
for forage crop production data harvested as baled hay; statistical
analysis of whole release area harvesting; yield adjustments for
release areas due to differing soil series; yield adjustments for
moisture; crop surveyor's affidavit of qualifications and crop
production yields; grasses of acceptable plant species for permanent
ground cover on agricultural areas; procedure for manually sampling row
crops; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for cropland. The Director finds that
the guidance document is not inconsistent with and no less effective
than the Federal regulations.
d. Phase III Revegetation Success Standards for Wildlife Habitat
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for Wildlife Habitat.'' This document
describes the criteria and procedures for determining Phase III success
standards for areas being restored as wildlife habitat pursuant to 10
CSR 40-3.120/3.270 (6) and (7).
Missouri proposes that revegetation success on wildlife habitat be
determined on the basis of: the general revegetation requirements of
the approved permit; ground cover; and tree/shrub stocking and
survival. The permittee is responsible for measuring the vegetation and
for submitting the
[[Page 26457]]
data to the director of MLRP for analysis. Measurements of the
vegetation must be made in accordance with the procedures outlined in
the guidance document. The director of MLRP must determine that the
general requirements for revegetation success be satisfied as stated in
10 CSR 40-3.120/3.270(1). The guidance document sets out specific
success standards and measurement frequencies for ground cover and tree
and shrub stocking rate based on the regulatory requirements of 10 CSR
40-3.120/3.270. Sampling procedures are to use statistically valid
random sampling methods. Ground cover is to be measured by the line-
point transect method and tree/shrub stocking is to be measured with
sampling circles. Sample adequacy is to be determined using a
prescribed formula. If the data indicates that the vegetation is close
to the standard but less than the standard, the data is to be submitted
to the director of MLRP for statistical analysis to determine if the
differences are statistically significant within the limits allowed by
regulation. Maps must be provided by the permittee for each Phase III
plan indicating the location of each sampling transect and sample frame
point, the area covered by the sampling, and all permit boundaries. If
the permittee can not demonstrate revegetation success in the fifth
year after completion of initial seeding, a mitigation plan must be
submitted to the director of MLRP including a statement of the problem,
a discussion of methods to correct the problem, and a new phase III
liability release plan. If the plan involves augmented activities then
the 5 year responsibility period will begin again. Appendices are
attached illustrating the selection of random sampling sites; data
forms for line-point transect; data forms for sample circle; T--table;
example of sample adequacy determination for ground cover; example of
sample adequacy determination for tree/shrub stocking; statistical
analysis for ground cover and tree/shrub stocking; accepted plant
species; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for wildlife habitat. The Director
finds that the guidance document is not inconsistent with and no less
effective than the Federal regulations.
e. Phase III Revegetation Success Standards for Pasture and Previously
Mined areas
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for Pasture and Previously Mined
Areas.'' This document describes the criteria and procedures for
determining Phase III success standards for areas being restored as
pasture and previously mined land pursuant to 10 CSR 40-3.120/3.270 (6)
and (7).
Missouri proposes that revegetation success on pasture and
previously mined land be determined on the basis of: the general
revegetation requirements of the approved permit; ground cover; and
production. The permittee is responsible for measuring the vegetation
and for submitting the data to the director of MLRP for analysis. Any
previously mined land that was remined or redistributed and reclaimed
to a land use of pasture, must achieve the same success standard for
cover as land that was not previously disturbed by mining. However if
the area is not reclaimed to the requirements of 10 CSR 40-3.120(6)(B),
the vegetation cover shall not be less than the ground cover existing
before redisturbance and shall be adequate to control erosion. This
ground cover standard must have been determined and incorporated into
the permit prior to disturbance. There is no productivity standard for
previously mined land. The director of MLRP must determine that the
general requirements for revegetation success be satisfied as stated in
10 CSR 40-3.120/3.270(1). Measurements of the vegetation must be made
in accordance with the procedures outlined in the guidance document.
The guidance document sets out specific success standards and
measurement frequencies for ground cover and production based on the
regulatory requirements of 10 CSR 40-3.120/3.270. The forage production
standard is to be determined with a reference area or a current USDA/
NRCS high management target yield. Sampling procedures are to use
statistically valid random sampling methods at a 90 percent statistical
confidence interval. Ground cover is to be measured by the line-point
transect method. Forage production is to be measured utilizing sampling
frames or whole area harvest. The guidance document also establishes a
method for establishing representative test plots. Sample adequacy is
to be determined using a prescribed formula. If the data indicates that
the vegetation is close to the standard but less than the standard, the
data is to be submitted to the director of MLRP for statistical
analysis to determine if the differences are statistically significant
within the limits allowed by regulation. Maps must be provided by the
permittee for each Phase III plan indicating the location of each
sampling transect and sample frame point, the area covered by the
sampling and all permit boundaries. If the permittee can not
demonstrate revegetation success in the fourth year after completion of
last augmented seeding, a mitigation plan must be submitted to the
director of MLRP including a statement of the problem, a discussion of
methods to correct the problem, and a new phase III liability release
plan. If the plan involves augmented activities then the 5 year
responsibility period will begin again. Appendices are attached
illustrating the selection of random sampling sites; data forms for
line point transects; summary data forms for sampling frames; T-table;
data form for forage crop production data harvested as baled hay;
example use of sample adequacy formula for ground cover measurements
and hay production measurements; statistical analysis on sampling frame
data and whole release area harvesting; yield adjustments for release
areas due to differing soil series; grasses of acceptable plant species
for permanent ground cover on agricultural areas; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be
[[Page 26458]]
considered equal to the approved success standard then they are not
less than 90 percent of the success standard. The sampling techniques
for measuring success shall use a 90 percent statistical confidence
interval (i.e., one-sided test with a 0.10 alpha error). Missouri is
proposing to accomplish this by adoption of a detailed guidance
document illustrating the methods to be used by the permittee to
measure revegetation success for pasture and previously mined land. The
Director finds that the guidance document is not inconsistent with and
no less effective than the Federal regulations.
f. Phase II/III Revegetation Success Standards for Prime Farmland
Missouri proposes to adopt a guidance document entitled ``Phase II/
III Revegetation Success Standards for Prime Farmland.'' This document
describes the criteria and procedures for determining Phase II and III
success standards for areas being restored as prime farmland pursuant
to 10 CSR 40-3.120/3.270 (6) and (7) and 10 CSR 40-4.030.
Missouri proposes that revegetation success on prime farmland be
determined on the basis of crop production. The permittee is
responsible for measuring the vegetation and for submitting the data to
the director of MLRP for analysis. Measurements of the vegetation must
be made in accordance with the procedures outlined in the guidance
document. Ground cover must be established following soil replacement
with approved species to effectively control erosion. The guidance
document sets out specific success standards and measurement
frequencies for crop production based on the regulatory requirements of
10 CSR 40-3.120/3.270 and 10 CSR 40-4.030. The crop production standard
is to be determined with a reference area or the use of a technical
standard. Approved technical standards include the county average or
target yield established by the USDA NRCS. Target yields must be
adjusted annually and be representative of yields expected when using
high management practices common to the area.
Sampling procedures are to use statistically valid random sampling
methods. Crop production is to be measured utilizing sampling frames
for forage production or whole area harvest for forage or row crop
production. Manual sampling of row crops is only allowed when weather
or other factors prevent mechanical harvest and must have prior
approval by the director of MLRP. The guidance document also
establishes a method for establishing representative test plots for use
with row crop production. Sample adequacy is to be determined using a
prescribed formula. If the data indicates that the vegetation is close
to the standard but less than the standard, the data is to be submitted
to the director of MLRP for statistical analysis to determine if the
differences are statistically significant within the limits allowed by
regulation. Maps must be provided by the permittee for each Phase III
plan indicating the location of each sampling transect and sample frame
point, the area covered by the sampling, and all permit boundaries. If
the permittee cannot demonstrate revegetation success in the fifth year
after completion of initial seeding, a mitigation plan must be
submitted to the director of MLRP including a statement of the problem,
a discussion of methods to correct the problem, and a new phase III
liability release plan. If the plan involves augmented activities, then
the 5-year responsibility period will begin again. Appendices are
attached illustrating the selection of random sampling sites; summary
data forms for sampling frames; data forms for crop production data;
T--table; example of sample adequacy determination for hay production
measurements; statistical analysis for sampling frame data; data form
for forage crop production data harvested as baled hay; statistical
analysis of whole release area harvesting; yield adjustments for
release areas due to differing soil series; yield adjustments for
moisture; crop surveyor's affidavit of qualifications and crop
production yields; grasses of acceptable plant species for permanent
ground cover on agricultural areas; procedure for manually sampling row
crops; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulation
at 30 CFR 823.15 establishes the revegetation and restoration
requirements for soil productivity on prime farmland.
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for prime farmland. The Director finds
that portion of the prime farmland guidance document that establishes
the revegetation standards and sampling techniques is not inconsistent
with and no less effective than the Federal regulations and is
approving it with the following exception.
As previously discussed, Missouri proposes in its prime farmland
guidance document one option for establishing a success standard by
utilizing approved technical standards including the county average or
target yield established by the USDA NRCS. Target yields must be
adjusted annually and be representative of yields expected when using
high management practices common to the area. The Federal regulation at
30 CFR 823.15(b)(7) requires that reference crop yields for a given
crop season are to be determined from * * * (ii) the average county
yields recognized by the USDA, which have been adjusted by the U.S.
Soil Conservation Service for local yield variation within the county
that is associated with differences between nonmined prime farmland
soil and all other soils that produce the reference crop. The Director
finds that Missouri's proposal to utilize county averages of production
is less effective than the Federal regulations because county averages
would not have been adjusted by the U.S. Soil Conservation Service to
remove the influence of other nonprime soils that produce the reference
crop. The Director finds that portion of the prime farmland guidance
document concerning Missouri's option for establishing a revegetation
success standard for prime farmland soils with county averages that do
not distinguish between nonprime and prime soil is less effective than
the Federal regulations and is not approving its use.
g. Phase III Revegetation Success Standards for a Recreation Land Use
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for a Recreation land use.'' This
document describes the criteria and procedures for determining Phase
III success standards for areas being restored for a recreation land
use pursuant to 10 CSR 40-3.120/3.270 (6) and (7).
Missouri proposes that revegetation success for a recreation land
use be determined on the basis of: the general revegetation
requirements of the approved permit; ground cover; and tree/shrub
stocking and survival. The permittee is responsible for measuring the
vegetation and for submitting the data to the director of MLRP for
analysis. Measurements of the vegetation must be made in accordance
with the procedures outlined in the guidance document. The director of
MLRP must determine that the general requirements for revegetation
success be satisfied as stated in 10 CSR 40-3.120/
[[Page 26459]]
3.270(1). The guidance document sets out specific success standards and
measurement frequencies for ground cover and tree and shrub stocking
rate based on the regulatory requirements of 10 CSR 40-3.120/3.270.
Sampling procedures are to use statistically valid random sampling
methods. Ground cover is to be measured by the line-point transect
method and tree/shrub stocking is to be measured with sampling circles.
Sample adequacy is to be determined using a prescribed formula. If the
data indicates that the vegetation is close to the standard but less
than the standard, the data is to be submitted to the director of MLRP
for statistical analysis to determine if the differences are
statistically significant within the limits allowed by regulation. Maps
must be provided by the permittee for each Phase III plan indicating
the location of each sampling transect and sample frame point, the area
covered by the sampling and all permit boundaries. If the permittee can
not demonstrate revegetation success in the fifth year after completion
of initial seeding, a mitigation plan must be submitted to the director
of MLRP including a statement of the problem, a discussion of methods
to correct the problem, and a new phase III liability release plan. If
the plan involved augmented activities then the 5 year responsibility
period will begin again. Appendices are attached illustrating the
selection of random sampling sites; data forms for line-point transect;
T--table; example of sample adequacy determination for ground cover;
statistical analysis for ground cover; accepted plant species; and
references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for a recreation land use. The Director
finds that the guidance document is not inconsistent with and no less
effective than the Federal regulations.
h. Phase III Revegetation Success Standards for Residential Land Use
Missouri proposes to adopt a guidance document entitled ``Phase III
Revegetation Success Standards for Residential land use.'' This
document describes the criteria and procedures for determining Phase
III success standards for areas being restored as industrial/commercial
pursuant to 10 CSR 40-3.120/3.270 (6) and (7).
Missouri proposes that revegetation success for a residential land
use be determined on the basis of: the general revegetation
requirements of the approved permit; ground cover density; and if
approved in the permit, tree and shrub stocking. The permittee is
responsible for measuring the vegetation and for submitting the data to
the director of MLRP for analysis. Measurements of the vegetation must
be made in accordance with the procedures outlined in the guidance
document. The director of MLRP must determine that the general
requirements for revegetation success be satisfied as stated in 10 CSR
40-3.120/3.270(1). The guidance document sets out specific success
standards and measurement frequencies for ground cover based on the
regulatory requirements of 10 CSR 40-3.120/3.270. Sampling procedures
are to use statistically valid random sampling methods. Ground cover is
to be measured by the line-point transect method and tree/shrub
stocking is to be measured with sampling circles. Sample adequacy is to
be determined using a prescribed formula. If the data indicates that
the vegetation is close to the standard but less than the standard, the
data is to be submitted to the director of MLRP for statistical
analysis to determine if the differences are statistically significant
within the limits allowed by regulation. Maps must be provided by the
permittee for each Phase III plan indicating the location of each
sampling transect and sample frame point, the area covered by the
sampling and all permit boundaries. If the permittee can not
demonstrate revegetation success in the fifth year after completion of
initial seeding, a mitigation plan must be submitted to the director of
MLRP including a statement of the problem, a discussion of methods to
correct the problem, and a new phase III liability release plan. If the
plan involves augmented activities then the 5 year responsibility
period will begin again. Appendices are attached illustrating the
selection of random sampling sites; data forms for line-point transect;
data forms for sample circle; T-table; example of sample adequacy
determination for ground cover measurements and tree/shrub counts;
statistical analysis for ground cover and tree/shrub data; accepted
plan species; and references.
The counterpart Federal regulations at 30 CFR 816/817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved program. The Federal regulations
at 30 CFR 816/817.116(a)(2) require that standards for success shall
include criteria representative of unmined lands in the area being
reclaimed to evaluate the appropriate vegetation parameters of ground
cover, production, or stocking. Ground cover, production, or stocking
shall be considered equal to the approved success standard when they
are not less than 90 percent of the success standard. The sampling
techniques for measuring success shall use a 90 percent statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
Missouri is proposing to accomplish this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for a residential land use. The
Director finds that the guidance document is not inconsistent with and
no less effective than the Federal regulations.
Based on the above findings, the Director is removing the required
program amendment from the Missouri program as codified at 30 CFR
925.16(a).
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(I), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Missouri program. No comments
were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written
[[Page 26460]]
concurrence of the EPA with respect to those provisions of the proposed
program amendment that relate to air or water quality standards
promulgated under the authority of the Clean Water Act (33 U.S.C. 1251
et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). None of the
revisions that Missouri proposed to make in this amendment pertain to
air or water quality standards. Therefore, OSM did not request EPA's
concurrence.
Pursuant to 732.17(h)(11)(I), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. MO-634). EPA did
not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. Since the proposed amendment would
not have any effect on historic properties, OSM did not solicit comment
from the SHPO or ACHP.
V. Director's Decision
Based on the above findings, the Director approves, with certain
exceptions, the proposed amendment as submitted by Missouri on December
14, 1995.
The Director does not approve, as discussed in: finding No. 2.f,
Phase II/III Revegetation Success Standards for Prime Farmland,
Missouri's proposal to utilize county averages of production as one
method of establishing a target yield for prime farmland. This is less
effective than the Federal regulations at 30 CFR 823.15(b)(7) because
the county averages would not have been adjusted by the U.S. Soil
Conservation Service to remove the influence of other nonprime soils
that produce the reference crop. Missouri must not use the option for
utilizing a county average as a success standard for prime farmland
soils unless and until it is revised consistent with the Federal
regulations and approved by OSM.
The Director approves, as discussed in: finding No. 1, 10 CSR 40-
3.120/3.270(6)(B) concerning Specific standards for postmining land
uses; finding No. 2.a, concerning its Phase III Revegetation Success
Standards for Woodland; finding No. 2.b, concerning its Phase III
Success Standards for Industrial/Commercial Revegetation; finding No.
2.c, concerning its Phase III Revegetation Success Standards for
Cropland; finding No. 2.d, concerning its Phase III Revegetation
Success Standards for Wildlife Habitat; finding No. 2.e, concerning its
Phase III Revegetation Success Standards for Pasture and Previously
Mined Areas; finding No. 2.f, concerning its Phase II/III Revegetation
Success standards for Prime Farmland, with the exception noted above;
finding No. 2.g, concerning its Phase III Revegetation Success
Standards for a Recreation land use; finding No. 2.h, concerning its
Phase III Revegetation Success Standards for Residential land use.
The Director approves the rules and guidance documents as proposed
by Missouri with the provision that they be fully promulgated in
identical form to the rules submitted to and reviewed by OSM and the
public.
The Federal regulations at 30 CFR Part 925, codifying decisions
concerning the Missouri program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any
unilateral changes to approved State programs. In the oversight of the
Missouri program, the Director will recognize only the statutes,
regulations and other materials approved by OSM, together with any
consistent implementing policies, directives and other materials, and
will require the enforcement by Missouri of only such provisions.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 731.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
[[Page 26461]]
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 8, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 925--MISSOURI
1. The authority citation for Part 925 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 925.15 is amended by adding paragraph (u) to read as
follows:
Sec. 925.15 Approval of regulatory program amendments.
* * * * *
(u) With the exception of that portion of the Phase II/III
Revegetation Success Standards for Prime Farmland, concerning the
option to utilize county averages of production as one method of
establishing a target yield for prime farmland, the addition of the
following revegetation success guidelines: Phase III Revegetation
Success Standards for Woodland; Phase III Success Standards for
Industrial/Commercial Revegetation; Phase III Revegetation Success
Standards for Cropland; Phase III Revegetation Success Standards for
Wildlife Habitat; Phase III Revegetation Success Standards for Pasture
and Previously Mined Areas; Phase II/III Revegetation Success Standards
for Prime Farmland; Phase III Revegetation Success Standards for a
Recreation land use; Phase III Revegetation Success Standards for
Residential land use; and the revision of the rules at 10 CSR 40-3.120/
3.270(6)(B) concerning specific standards for postmining land uses, as
submitted to OSM on December 14, 1995, are approved effective May 28,
1996.
Sec. 925.16 [Amended]
3. Section 925.16 is amended by removing and reserving paragraphs
(a) and (p)(6).
[FR Doc. 96-13263 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-13262 Oklahoma Abandoned Mine Land Reclamation Plan
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26461-26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13262]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 936
[SPATS No. OK-015-FOR]
Oklahoma Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving a proposed amendment to the Oklahoma
abandoned mine land reclamation plan (hereinafter referred to as the
``Oklahoma plan'') under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). Oklahoma proposed revisions and additions to its rules
and to sections of the Oklahoma plan pertaining to definitions,
contractor responsibility, eligible lands and waters, reclamation
project objectives and priorities, project ranking, public
participation, organizational structure, and coordination of
reclamation with other agencies. The amendment is intended to revise
the Oklahoma plan to be consistent with the corresponding Federal
regulations and SMCRA, to incorporate the additional flexibility
afforded by the revised Federal regulations, and to improve operational
efficiency.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: 918 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Oklahoma Plan
On January 21, 1982, the Secretary of the Interior approved the
Oklahoma plan. Background information on the Oklahoma plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan can be found in the January 21, 1982, Federal Register (47
FR 2989). Subsequent actions concerning Oklahoma's plan and amendments
to the plan can be found at 30 CFR 936.25.
II. Submission of the Proposed Amendment
By letter dated November 13, 1995 (Administrative Record No. OAML-
63), Oklahoma submitted a proposed amendment to its plan pursuant to
SMCRA. Oklahoma submitted the proposed amendment in response to a
September 26, 1994, letter from OSM in accordance with 30 CFR 884.15
(Administrative Record No. OAML-65) and at its own initiative. Oklahoma
proposed to amend its administrative rules at OAC 155:15, Oklahoma
Abandoned Mine Land Program, and its reclamation plan at section
884.13(c)1, Goals and Objectives; 884.13(c)2, Project Ranking and
Selection: 884.13(c)3, Interagency Coordination; 884.13(c)5, Eligible
Lands and Waters; 884.13(c)7, Public Participation; and 884.13(d)1,
Administrative and Management Structure.
OSM announced receipt of the proposed amendment in the December 21,
1995, Federal Register (60 FR 66244), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on January 22, 1996.
During its review of the amendment, OSM identified concerns
relating to Oklahoma's proposal to revise the administrative
regulations at OAC 155.15-1-5, Eligible Lands and Water, and the
Oklahoma plan at section 884.13(c)5, Eligible Lands and Water. These
revisions were intended to allow expenditure of funds for reclamation
of certain lands and water affected by mining after August 3, 1977, the
effective date of SMCRA. OSM notified Oklahoma of the concerns by
telephone on March 15, 1996, and by telefax on March 19, 1996
(Administrative Record Nos. OAML-71 and OAML-72).
Oklahoma responded in a letter dated March 21, 1996, by submitting
revisions to its amendment (Administrative Record No. OAML-69).
Based upon the revisions to the proposed plan amendment submitted
by Oklahoma, OSM reopened the public comment period in the April 8,
1996, Federal Register (61 FR 15435) and provided opportunity for
public comment on the adequacy of the revised amendment. The public
comment period closed on April 23, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
editorial changes, punctuation, grammatical, or revised cross-
references and paragraph
[[Page 26462]]
notations to reflect organizational changes resulting from this
amendment.
A. OAC 155:15, Oklahoma Abandoned Mine Land Reclamation Program
1. OAC 155:15-1-2. This section is amended to revise the
definitions for ``Act''; ``Fund''; ``Program''; and ``Secretary.'' The
revised definitions are not inconsistent with the definition contained
in the Federal regulations at 30 CFR 870.5. Therefore, the Director is
approving the proposed revisions at OAC 155:15-1-2.
2. OAC 155:15-1-3. This section is changed to add subsection (4)
that requires all successful bidders for AML construction contracts to
be found eligible to receive funding using the OSM automated Applicant/
Violator System (AVS). This is a required amendment as specified in the
September 26, 1994, letter from the Director. The Director finds the
proposed provision is in compliance with the requirements of the
Federal regulations at 30 CFR 874.16 and 875.20. Therefore, the
Director is approving the proposed revision to OAC 155:15-1-3.
3. OAC 155:15-1-5. Subsections (b), (c), and (d) are added to OAC
155:15-1-5. These subsections incorporate the requirements of the
Federal regulations at 30 CFR 874.12 (d), (g), and (h). These new
subsections expand the definition of lands and waters eligible for
funding to include certain sites mined after August 4, 1977. Review of
the original amendment determined that the Oklahoma plan or regulations
must also make provisions for the requirements of 30 CFR 874.12(e) and
(f), in order for the plan to be consistent with the provisions of
SMCRA and the Federal regulations. OSM notified Oklahoma of this
concern on March 15, 1996, and advised that the additional provisions
may be included in either the State regulations at OAC 155:15-1-5 or in
the Oklahoma Plan. Oklahoma submitted an additional revision to the
plan on March 21, 1996.
The Director finds that the proposed regulations at OAC 155:15-1-5
(b), (c), and (d) are substantially the same as the Federal counterpart
regulations at 30 CFR 874.12 (d), (g), and (h). Counterparts to the
Federal Regulations at 30 CFR 874.12 (e) and (f) are included in the
Oklahoma plan at Section 884.13(c)5. Therefore, the Director finds the
post-SMCRA eligibility provisions of this amendment to be consistent
with SMCRA and the Federal regulations, and he is approving them.
4. OAC 115:15-1-6. A new first paragraph is added to OAC 115:156-1-
6 which incorporates the revised requirements of 30 CFR 874.13 and
outlines reclamation project objectives and priorities. New provisions
require that State reclamation projects be accomplished in accordance
with OSM's ``Final Guidelines for Reclamation Programs and Projects'',
published March 6, 1980.
Old subsections (4) and (7) of 155:15-1-6 were deleted and the
remaining subsections renumbered (4) and (5). Old subsection (4)
identified ``projects for research and demonstration relating to
reclamation and water quality control'' as the fourth priority for
funding, an old subsection (7) identified ``construction of public
facilities in mining impacted communities'' as the seventh priority of
reclamation funding. The deletion of these two subsections is
consistent with the deletion of the Federal counterpart subsections on
May 31, 1994 (59 FR 28136). The revised regulation at OAC 155:15-1-6 is
substantially the same as the Federal counterpart regulation at 30 CFR
874.13 and SMCRA section 403(a). Therefore, the Director finds it is
consistent with SMCRA and the Federal regulations, and he is approving
it.
5. OAC 115:15-1-14. This section is added to incorporate the
requirements of 30 CFR 874.14, authorizing repair and replacement of
water supplies damaged by abandoned mines. The proposed regulation at
OAC 115:15-1-14 is substantially the same as the Federal counterpart
regulation at 30 CFR 874.14 and SMCRA section 403(a). Therefore, the
Director finds it is consistent with SMCRA and the Federal regulations,
and he is approving it.
6. OAC 155:15-1-15. This section is added to allow Oklahoma to
receive and use future set-aside funds. The proposed regulation at OAC
155:1-15 is substantially the same as the Federal counterpart
regulation at 30 CFR 873. Therefore, the Director is approving OAC
155:15-1-15.
7. OAC 155:15-1-16. This section is added to authorize the
establishment of an Acid Mine Drainage Trust Fund and to outline the
requirements for acid mine drainage projects. The proposed regulation
at OAC 155:15-1-16 is substantively the same as the Federal counterpart
regulation at 30 CFR 876. Therefore, the Director is approving OAC
155:15-1-16.
B. Oklahoma Abandoned Mine Land Reclamation Plan
1. Section 884.13(c)1, Goals and Objectives. This section is
changed to reflect new language in the ``objectives and priorities''
section of the Federal regulation at 30 CFR 874.13 and the elimination
of two reclamation priorities in SMCRA section 403. The new
introductory paragraph outlines reclamation project objectives and
priorities and states that ``generally, projects of a lower priority
should not be undertaken until all known higher priority coal projects
have either been accomplished, are in the process of being reclaimed,
or have been approved by the secretary, except in those instances where
such lower priority projects may be undertaken in conjunction with a
higher priority site.'' This adds clarification to the section and is
in compliance with new language in 30 CFR 874.13.
The seven priority objectives outlined in the original version of
the State plan are revised to five priority objectives. Old priority
objectives (4) and (7) of this section were deleted and the remaining
objectives renumbered (4) and (5). Old objective (4) identified as the
fourth priority for funding, projects for research and demonstration
relating to reclamation and water quality control. Old objective (7)
identified construction of public facilities in mining impacted
communities as the seventh priority of reclamation funding. The
deletion of these two objectives is consistent with the deletion of the
Federal regulation counterpart objectives on May 31, 1994 (59 FR
28136).
At the State's initiative, detailed discussions of generic AML
problem types, corrective measures, conservation practices, funding
considerations, anticipated benefits, possible adverse effects, and
time frames covered by the plan are all deleted from the State
reclamation plan through this revision. These discussions are not a
required part of this section and many were out of date because of
changes to the State program, changes to SMCRA, the advancement of
reclamation technology, and completion of many of the State's highest
priority projects.
The Director finds that Section 884.13(c)1 is substantially the
same as the Federal counterpart regulation at 30 CFR 874 and SMCRA
section 403(a). Therefore, he is approving it. This revision also
accurately reflects changes to the Oklahoma Administrative Code at OAC
115:15-1-6.
2. Section 884.13(c)2, Specific Criteria for Ranking and
Identifying Projects To Be Funded. A new provision is added to the
first paragraph that provides for publication of public notices in 16
coal counties and provides opportunity for the public to attend one of
four annual public meetings. The Project Selection Matrix is replaced
with a new one. Table 3 which outlines the general procedure for
project ranking and selection is replaced. It clarifies the process and
clearly outlines the
[[Page 26463]]
responsibilities of each of the parties involved in project selection.
Input from the general public is placed at the head of the process.
This public involvement was not explicit in the previously approved
procedure.
The proposed changes are voluntary on the part of the State program
and improve opportunities for public involvement in the project
selection process. There are no comparable components in SMCRA or the
Federal regulations. However, 30 CFR 884.13(c)(2) does require that
States describe the project ranking procedures in their State
reclamation plans. Therefore, the Director finds the new provisions are
consistent with SMCRA and the Federal regulation requirements, and he
is approving the proposed revision.
3. Section 884.13(c)3, Coordination of Reclamation Work Between The
State, The Soil Conservation Service And Other Reclamation Agencies.
The list of agencies which will be represented on the State Reclamation
Committee is revised. The sections entitled ``Purpose of the State
Reclamation Committee'' and ``Role of the State Reclamation Committee''
are consolidated into one ``Purpose'' section. The proposed changes are
voluntary on the part of the State program. There are no comparable
components in SMCRA or the Federal regulations. However, 30 CFR
884.13(c)(3) does require that States describe coordination of
reclamation work among the State reclamation program, the Rural
Abandoned Mine Program, the reclamation programs of any Indian tribes,
and OSM reclamation programs. Therefore, the Director finds this part
of the State plan is consistent with and satisfies the requirements of
30 CFR 884.13(c)(3), and he is approving the proposed revisions.
4. Section 884.13(c)5, Policies and Procedures Regarding
Reclamation on Private Land. The subsection entitled ``Eligible Lands
and Water'' is revised to make certain mine lands, abandoned after
passage of SMCRA, eligible for reclamation funding under the Abandoned
Mine Land Program. A new sub-part (B) is added to the ``Eligible Lands
and Waters'' subsection which incorporates the requirements of 30 CFR
874.12 (d), (e), (f), (g), and (h). The changes to Section 884.13(c)5
are substantially the same as the Federal counterpart regulations.
Therefore, the Director is approving the proposed revision.
5. Section 884.13(c)7, Public Participation And Involvement In The
Preparation Of The State Reclamation Plan And In The State Reclamation
Program. Subsection (2) of the public participation policies is changed
to provide more and earlier opportunity for the public to become
involved in the AML project selection process. This is a voluntary
change initiated by the State. There is no direct counterpart Federal
regulation. However, a description of public participation policies is
required by 30 CFR 884.13(c)(7). Therefore, the Director finds this
revised section meets this Federal requirement, and he is approving it.
6. Section 884.13(d)1, A Description Of The Administrative And
Management Structure To Be Used In Conducting the Reclamation Program.
Figure 7, ``Organizational Chart of the Oklahoma Conservation
Commission'', is replaced with a new chart dated July 1, 1995.
Supplemental charts are included which depict the various sub-parts of
the Conservation Commission. The subsection entitled ``State Agencies
Which May Become Involved in the State Reclamation Program'' is
replaced with a new list of agencies. Figure 8, ``Organization Chart of
the Oklahoma Executive Branch'', is deleted. This chart is not required
by Federal regulations.
There is no direct counterpart Federal regulation. However, a
description of the organization of the designated agency and its
relation ship to other State organizations or officials is required by
30 CFR 884.13(d)(1). The Director finds this revised section meets this
Federal requirement, and he is approving it.
IV. Summary Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited
comments on the proposed amendment from various other Federal agencies
with an actual or potential interest in the Oklahoma plan
(Administrative Record No. OAML-64 and OAML-70). The U.S. Department of
Interior, Bureau of Mines, the U.S. Environmental Protection Agency,
the U.S. Army Corps of Engineers, and the Oklahoma Historical Society
responded with expressions of ``no comment'' (Administrative Record
Nos. OAML-66, OAML-67, OAML-73, OAML-74, and OAML-75). No other
comments were received.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Oklahoma on November 13, 1995 and revised on
March 21, 1996.
The Director is taking this opportunity to correct the date of
program approval from July 20, 1981, to January 21, 1982, at 30 CFR
936.20, Approval of Oklahoma Abandoned Mine Land Reclamation Plan, and
to add the date a previous amendment was approved on July 20, 1990, at
30 CFR 936.25, Approval of Abandoned Mine Land Reclamation Plan
Amendments.
The Federal regulations at 30 CFR Part 936, codifying decisions
concerning the Oklahoma plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State and Tribal abandoned mine land reclamation plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State or Tribe, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof submitted by a State or Tribe
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR
Parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the
[[Page 26464]]
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.).
The submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented. In making the
determination as to whether this rule would have a significant economic
impact, the Department relied upon the data and assumptions in the
analyses for the corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 8, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 936--OKLAHOMA
1. The authority citation for Part 936 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 936.20 is revised to read as follows:
Sec. 936.20 Approval of Oklahoma abandoned mine land reclamation plan.
The Oklahoma Abandoned Mine Land Reclamation Plan, as submitted on
July 30, 1981, is approved effective January 21, 1982 (47 FR 2989-2991,
January 21, 1982). Copies of the approved Plan and Amendments are
available at:
Office of Surface Mining Reclamation and Enforcement, Tulsa Field
Office, 5100 E. Skelly Drive, Suite 470, Tulsa, OK 74135
Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160,
Oklahoma 73505
3. Section 936.25 is added to read as follows:
Sec. 936.25 Approval of Abandoned Mine Land Reclamation Plan
Amendments.
(a) The proposed amendment pertaining to the Oklahoma abandoned
mine land reclamation plan, as submitted to OSM on August 24, 1989, is
approved effective July 20, 1990.
(b) The proposed amendment pertaining to the Oklahoma abandoned
mine land reclamation plan, as submitted to OSM on November 13, 1995,
and revised on March 21, 1996, is approved effective May 28, 1996.
[FR Doc. 96-13262 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-13261 Missouri Regulatory Program
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26445-26454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13261]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 925
[SPATS No. MO-026-FOR]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving, with a reporting stipulation, a proposed
amendment to the Missouri regulatory program (hereinafter referred to
as the ``Missouri program'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of
revisions to the Revised Statutes of Missouri (RSMo) and the Code of
State Regulations (CSR) along with supporting documentation and
information pertaining to Missouri's alternative bonding system. The
amendment is intended to revise the Missouri program to be consistent
with the corresponding Federal regulations and SMCRA.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating
Center, Alton Federal Building, 501 Belle Street, Alton, Illinois,
62002 Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Missouri Program
On November 21, 1980, the Secretary of Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Submission of the Proposed Amendment
By letter dated March 7, 1995, Missouri submitted a proposed
amendment to its program pursuant to SMCRA (Administrative record No.
MO-617). Missouri submitted the proposed amendment in response to a
January 30, 1986, letter (Administrative record No. MO-351) that OSM
sent to Missouri in accordance with 30 CFR 732.17(c) and in response to
the required program amendments at 30 CFR 925.16(g). The provisions of
the Revised Statutes of Missouri (RSMo) and the Code of State
Regulations (CSR) that Missouri proposed to revise were: RSMO 444.805,
Definition of Phase I reclamation bond; RSMO 444.830, Bond
requirements, when a bond must be filed, the amount of a bond, and
allowance for bond substitution; RSMO 444.950, Phase I reclamation bond
requirements; RSMO 444.960, Establishment, purpose, and duties of the
Coal Mine Land Reclamation Fund (CMLR Fund); RSMO 444.965.1, Assessment
for fund; 10 CSR 40-7.011, Bond requirements; 10 CSR 40-7.021, Duration
and release of reclamation liability; 10 CSR 40-7.041, Form and
administration of the CMLR Fund. In addition, Missouri submitted: (1) A
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narrative explaining the current and projected balances of the bond
pools (Fund A and Fund B) of the CMLR Fund; (2) a discussion of how
each outstanding required program amendment codified in the final rule
in the May 8, 1991, Federal Register (56 FR 21281) will be resolved
(Administrative Record No. MO-536); (3) an explanation of how the
deficiencies identified in OSM's issue letter dated March 9, 1994
(Administrative Record No. MO-592) will be resolved; (4) a table of
reclamation cost estimates for all permits except those that represent
a minimal liability to the bond pools; (5) a statement from the
Missouri Attorney General that explains the legal basis for using
Abandoned Mine Land Funds for the reclamation of Bill's Coal Forfeiture
Project; and (6) copies of the revised bond forms utilized by Missouri.
By letter dated March 28, 1995 (Administrative Record No. MO-623),
Missouri informed the OSM Kansas City Field Office of an inadvertent
omission in its program amendment request, and requested inclusion in
the proposed amendment of statutory revisions at RSMO 444.805 that
removes the definition for ``full cost bond'' and revises the
definition for ``Phase I reclamation bond.'' These changes correspond
to regulation changes at 10 CSR 40-7.011 and have been incorporated
into this amendment.
By letter dated February 21, 1996, (Administrative Record No. MO-
636), Missouri informed OSM it was removing the proposed revisions
concerning administrative rulemaking procedures at RSMO 444.950(2)-(8).
The main provisions of the amendment propose to:
Eliminate the option to post a ``full cost bond'' and
require mandatory participation in Missouri's alternative bonding
program.
Require that up to 20 percent of Phase I reclamation bond
be held until Phase III liability is released.
Establish minimum rate adjustable Phase I reclamation bond
amounts.
Establish the CMLR Fund as part of the alternative bonding
system (ABS), with 40 percent of the assessments placed in Fund A for
reclamation of permits revoked prior to September 1, 1988, and 60
percent of the assessments placed in Fund B for reclamation of permits
revoked after September 1, 1988.
Allow expenditure of CMLR funds for completion of Phase I
reclamation.
Allow expenditure of Phase I reclamation bond for any
phase of reclamation.
OSM published a notice in the March 27, 1995, Federal Register (58
FR 15728) announcing receipt of the amendment and inviting public
comment on the adequacy of the proposed amendment. The public comment
period ended April 26, 1995. The public hearing scheduled for April 21,
1995, was not held because no one requested an opportunity to testify.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
A. Revisions to Missouri's Regulations That Are Substantively Identical
to the Corresponding Federal Regulations
Missouri proposes revisions to the following regulations that
contain language that is identical in meaning to the counterpart
Federal regulations (Federal regulation counterparts are indicated in
brackets): 10 CSR 40-7.11(1)(H), Definition of Surety bond [30 CFR
800.5(a)]; 10 CSR 40-7.011(2), Requirement to file a bond [30 CFR
800.11]. The Director, therefore, finds these proposed revisions to
Missouri's regulations are no less effective than the federal
regulations.
B. Required Program Amendments
Missouri submitted proposed revisions in response to required
program amendments that the Director placed on the Missouri program at
30 CFR 925.16(g) on May 8, 1991 (56 FR 21281).
1. Required Program Amendments Satisfied by Statute or Regulation
Changes in the Proposed Amendment
The Director finds that the proposed revisions to the following
State statutes and regulations satisfy the indicated required program
amendments and are not inconsistent with the requirements of section
509(c) of SMCRA and 30 CFR 800.11(e) of the Federal regulations.
Missouri's proposed revisions and accompanying fiscal demonstration
indicate these revisions will resolve the issues associated with
currently approved alternative bonding provisions. Therefore, the
Director is approving them. For clarity, the required program
amendments are listed below, verbatim, along with Missouri's proposed
revisions.
a. 30 CFR 925.16(g)(1). At RSMo 444.830.1; 444.965.1; 10 CSR 40-
7.011(2)(B); and 10 CSR 40-7.041(1)(A); demonstrate that the resulting
financial aspect of the proposed optional participation by an applicant
of either a full-cost bond or Phase I bond will ensure that the ABS can
meet the requirements of 30 CFR 800.11(e) or remove this provision.
To satisfy 30 CFR 925.16(g)(1), Missouri proposes (1) at RSMo
444.830.1 to delete the option that allows an applicant to file a full-
cost bond and pay a one time assessment to the CMLR Fund (the one time
assessment only being required until September 1, 1993), thereby making
participation in the ABS mandatory; (2) at RSMo 444.950.1 to remove the
reference to a full-cost bond and to require all applicants to file a
Phase I reclamation bond; (3) at RSMo 444.965.1 to delete language
related to the option to file a full-cost bond; (4) at 10 CSR 40-
7.011(2) (B) and (C) to delete provisions concerning filing of a full-
cost bond; and (5) at 10 CSR 40-7.041(1) to delete provisions
concerning assessment lump sum payments by permittees who file full
cost bonds.
These proposed revisions satisfy the concerns raised by 30 CFR
925.16(g)(1), and the Director is removing this paragraph.
b. 30 CFR 925.16(g)(2). At RSMo 444.950.1 and 10 CSR 40-7.011(4)
(A), (B), (C), and (D) to ensure that the Phase I reclamation bond
amounts will cover the cost of reclamation and maintain the flexibility
of conventional bonds in all situations and that the open pit minimum
bond will be sufficient to assure the completion of the required
reclamation in all cases.
At the time this required amendment was imposed, Missouri's program
would not allow expenditure of bond pool moneys on Phase I reclamation.
Missouri proposes in this amendment to (1) at RSMo 444.950.1 and 10 CSR
40-7.011(5) establish adjustable Phase I reclamation bond rates; (2) at
RSMo 444.950.4 and 10 CSR 40-7.021(2)(D)1 allow retention of up to 20
percent of Phase I bond until completion of Phase III reclamation; and
(3) at RSMo 444.960.5 and 10 CSR 40-7.041(4)(A)1 allow expenditure of
CMLR funds for completion of Phase I reclamation.
The proposed revisions add flexibility to Missouri's alternative
bonding system to ensure coverage of the cost of reclamation, and the
Director is removing the required amendment at 30 CFR 925.16(g)(2).
c. 30 CFR 925.16(g)(4). AT RSMo 444.950.3 and 444.830.3 to require
the Secretary of the Interior's approval
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before adopting an alternative bonding system or delete the provision.
In response to the required program amendment at 30 CFR
925.16(g)(4), Missouri proposes to modify its requirements at RSMO
444.830.3 and 444.950.3 regarding the ability of the commission to
approve an alternative bonding system by adding the language, ``* * *
and which is consistent with or pursuant to the purposes of Public Law
95-87, the Surface Mining Control and Reclamation Act.''
Section 509(c) of SMCRA specifically requires that the Secretary of
the Interior must approve an alternative bonding system prior to a
State being able to adopt the system. In a letter to Missouri dated
March 9, 1994 (Administrative Record No. MO-592), OSM stated its
interpretation of Missouri's intent in making this change to its
statute was to indicate Missouri's agreement that the Secretary of the
Interior's approval is required and Missouri would first obtain the
Secretary's approval prior to implementing any alternative bonding
system. Missouri's response letter dated April 4, 1994 (Administrative
Record No. MO-594), confirmed that OSM's interpretation was correct and
Missouri agrees that the Secretary of the Interior's approval is
required prior to implementing any alternative bonding system.
therefore, the Director is removing the required program amendment at
30 CFR 925.16(g)(4).
d. 30 CFR 925.16(g)(5). At RSMo 444.960.1 to clarify how the CMLR
Fund may be expended.
At RSMo 444.960.1, Missouri's currently approved statute states
that moneys within the CMLR Fund will be used by the Land Reclamation
Commission (LRC) to complete the reclamation plan for any permitted
lands after the proceeds from any applicable performance bond for such
reclamation have been exhausted. This would conceivably allow use of
moneys in the CMLR Fund to complete Phases I, II, and III reclamation
requirements. However, the existing statute at RSMO 444.960.5, while
allowing moneys within the 40 percent fund (Fund A) to be used for any
aspect of reclamation, stipulates that moneys within the 60 percent
fund (Fund B) may be used for Phases II and III reclamation only.
To satisfy 30 CFR 925.16(g)(5), Missouri proposes at RSMO 444.960.5
to allow moneys from both Fund A and Fund B to be used for all phases
of reclamation. The proposed revision clarifies how the CMLR Fund may
be expended, and the Director is removing the required amendment at 30
CFR 925.16(g)(5).
e. 30 CFR 925.16(g)(6). At RSMo 444.960.5 and 10 CSR 40-
7.041(4)(A)1, to ensure that the 40 percent fund portion (Fund A) will
provide sufficient funding to fully reclaim those sites forfeited prior
to September 1, 1988, and demonstrate that the 60 percent fund portion
(Fund B) generation of monies will be adequate to reclaim all defaulted
lands as required by 30 CFR 800.11(e).
To satisfy 30 CFR 925.16(g)(6), Missouri proposes at RSMo
444.960.5, 10 CSR 40-7.041(1)(A), and 10 CSR 40-7.041(4)(A)1 to require
that moneys paid into the CMLR Fund be allocated so that 40 percent of
the assessments would be used for reclaiming permits revoked by the LRC
prior to September 1, 1988 (Fund A), and 60 percent of the assessments
would apply to reclamation of permits revoked by the LRC after
September 1, 1988 (Fund B). Moneys that existed in the CMLR Fund as of
September 1, 1988, would be allocated to Fund A, as would 40 percent of
all moneys assessed for the CMLR Fund after September 1, 1988, until
such time that the accumulation of money in Fund A would be sufficient
to complete reclamation of those permits revoked by the commission
prior to September 1, 1988, after which time all moneys assessed for
the CMLR Fund would be allocated to Fund B. In addition, moneys from
both Fund A and Fund B would be used on any aspect of reclamation.
Missouri also proposes language changes at 10 CSR 40-7.041(1) (B), (C),
and (E) to maintain consistency with the proposed changes at 10 CSR 40-
7.041(1)(A) and 10 CSR 40-7.041(4)(A)1.
These proposed changes will allow Fund A to accrue additional
moneys to assure sufficient funding is available to fully reclaim those
sites forfeited prior to September 1, 1988. The portion of 30 CFR
925.16(g)(6) that requires a demonstration that Fund B generation of
moneys will be adequate to reclaim all defaulted lands as required by
30 CFR 800.11(e) is incorporated into and discussed in Finding B.2
since it is redundant with 30 CFR 925.16(g)(3), which also requires a
demonstration that Missouri's ABS will meet the requirements of SMCRA.
Therefore, since Missouri's proposed changes satisfy the Fund A portion
of the required amendment and the Fund B portion is a redundant
requirement, the Director is removing 30 CFR 925.16(g)(6) in its
entirety.
f. 30 CFR 925.16(g)(8). At RSMo 444.965.3 and 10 CSR 40-7.041(1)(B)
3, 4, 5, and 6; demonstrate that the buy out option would still allow
the ABS to meet the requirements of 30 CFR 800.11(e)(1) or remove this
option.
In response to 30 CFR 925.16(g)(8), Missouri proposes to delete
RSMO 444.965.3 and 10 CSR 40-7.041(1)(B)3, 4, 5, and 6, all of which
either provide for or relate to a buy out option. The removal of the
buy out option provisions from the Missouri program satisfies OSM's
concerns, and the Director is removing the required amendment at 30 CFR
925.16(g)(8).
g. 30 CFR 925.16(g)(20). At 10 CSR 40-7.021(2)(D)(1. to clarify
that its Phase I bond release for an ABS is consistently defined and
used throughout its program and to provide a legal opinion of its Phase
I reclamation bond release and bond coverage liability.
Missouri proposes to revise 10 CSR 40-7.021(2)(D)1 to reduce Phase
I bond by 80 percent when Phase I liability is released and to clarify
the remaining bond is permit specific. For consistency throughout its
program, Missouri also proposes (1) at 10 CSR 40-7.011(1)(D) to modify
the definition of Phase I bond to include release of 80 percent of the
bond upon successful completion of Phase I reclamation of a permit
area; (2) at RSMo 444.805(15), recodified from 444.805(16), to modify
the definition of Phase I reclamation bond to include release of no
less than 80 percent of the bond upon successful completion of Phase I
reclamation of a permit area; and (3) at RSMo 444.950.4 to allow for
release of no less than 80 percent of Phase I reclamation bond upon
completion of Phase I reclamation.
These proposed changes assure that Missouri's Phase I bond release
for its ABS is consistently defined and used throughout its program.
The Federal regulations at 30 CFR 800.40(c)(1), in reference to a
conventional bonding system, allow for release of 60 percent of the
bond when Phase I reclamation requirements are satisfied. Since
Missouri proposes mandatory participation in its alternative bonding
system, which will allow moneys to be used in any phase of reclamation,
release of 80 percent of the Phase I reclamation bond upon completion
of Phase I reclamation would be no less effective than the Federal
requirement to release 60 percent of a full cost bond upon completion
of Phase I reclamation.
Replacement of the word ``mine'' with the word ``permit'' and
addition of the word ``remaining'' at 10 CSR 40-7.021(2)(D)1 clarifies
that Phase I reclamation bond release is permit specific. Therefore, a
legal opinion of Missouri's Phase I reclamation bond release and bond
coverage liability is no longer necessary.
Based upon the above discussions, the Director is removing the
required
[[Page 26448]]
program amendment at 30 CFR 925.16(g)(20).
2. Required Program Amendments Satisfied by Missouri's Fiscal
Demonstration
Missouri's fiscal demonstration satisfies the required program
amendments at 30 CFR 925.16(g)(3), the Bond B portion of 30 CFR
925.16(g)(6), and 30 CFR 925.16(g)(7), which are set forth in the May
8, 1991, Federal Register (56 FR 21281). For clarity, the required
program amendments are listed below.
30 CFR 925.16(g)(3). * * *, demonstrate that the combination of
bond liability between the operator's Phase I bond and the CMLR Fund
bond will meet the requirements of SMCRA.
30 CFR 925.16(g)(6). * * *, demonstrate that the 60 percent fund
portion (Fund B) generation of moneys will be adequate to reclaim all
defaulted lands as required by 30 CFR 800.11(e).
30 CFR 925.16(g)(7). * * *, to assure that the fee assessment
structure of the CMLR Fund will ensure that the Fund will operate in a
financially solvent manner as required by 30 CFR 800.11(e).
In response to these three required program amendments, Missouri
submitted the report entitled ``Evaluation of Missouri's Alternative
Bonding System.'' Information in this demonstration shows that as of
February 1, 1996, Missouri's projected CMLR Fund assets exceed
liabilities in both Fund A and Fund B. In addition, projection tables
in the report indicate continued assessment fee payments to the Fund
will enable the State to reclaim all forfeiture sites and meet
contractual commitments in a timely manner without the Fund incurring a
deficit through September 1998.
Section 509(c) of SMCRA and 30 CFR 800.11(e) both require that
under an alternative bonding system, the regulatory authority must have
available sufficient money to complete the reclamation plan for any
site that may be in default at any time. An alternative bonding system
cannot be allowed to incur a deficit if it is to have available
adequate revenues to complete the reclamation of all outstanding bond
forfeiture sites. Since Missouri's demonstration shows that the CMLR
Fund has sufficient funds to fund the reclamation of forfeiture sites
that may be in default at any time, the Director finds that Missouri's
alternative bonding system meets the requirements of 30 CFR 800.11(e),
and it is achieving the objectives and purposes of the conventional
bonding program set forth in section 509 of SMCRA. However, due to the
possibility of future unanticipated bond forfeitures or increased
reclamation costs on pending or existing forfeiture sites that could
have significant impacts on solvency of Missouri's CMLR Fund, OSM must
have a means of monitoring continued solvency of the Fund. Therefore,
the Director is removing the required program amendments at 30 CFR
925.16 (g)(3), (g)(6), and (g)(7), with the stipulation that Missouri
submit semi-annual reports to demonstrate continued solvency of the
CMLR Fund, beginning with the first report due October 1, 1996, until
such time that OSM informs Missouri of a less frequent reporting
period.
C. Revisions to Missouri's Statutes That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Statutes
1. RSMo 444.805--Definitions
Missouri proposes to recodify this section, delete the definition
of ``full-cost bond,'' and revise the definition of ``Phase I
reclamation bond.''
a. Full-Cost Bond. Missouri proposes to delete the term ``full-cost
bond'' previously defined at subsection (8), as this term is no longer
used in the revised statutes. Operators will no longer have the option
of posting a ``full-cost bond,'' but will be required to post a ``Phase
I reclamation bond'' at a minimum rate of $2,500 an acre and pay
assessments to the CMLR fund. The requirement for mandatory
participation in Missouri's alternative bonding program will make the
term ``full-cost bond'' obsolete. The Director finds that Missouri's
deletion of the definition of ``full-cost bond'' does not render RSMo
444.805 less stringent than the requirements of SMCRA for performance
bonds at section 509(a). The Director is, therefore, approving
Missouri's proposal to delete the definition of ``full-cost bond'' at
RSMo 444.805(8).
b. Phase I Reclamation Bond. At recodified subsection (15),
previously codified subsection (16), Missouri redefines the term
``Phase I reclamation bond'' to mean ``a bond for performance filed by
a permittee pursuant to section 444.450 that may have no less than
eighty percent released upon the successful completion of Phase I
reclamation of a permit area in accordance with the approved
reclamation plan, with the rest of the bond remaining in effect until
Phase III liability is released.'' The previous definition for ``Phase
I reclamation bond'' allowed Missouri to release all Phase I
reclamation bond upon the successful completion of Phase I reclamation.
By requiring the retention of 20 percent of the Phase I bond until
after Phase III liability is released, the revised definition provides
incentive for operators to successfully complete Phase II and Phase III
reclamation as required by 30 CFR 800.11(e)(2). There is no Federal
counterpart to Missouri's proposed definition. However, since the
Federal regulations at 30 CFR 800.13(a)(2) authorize regulatory
authorities to accept phased bonding and the Federal regulations at 30
CFR 800.40(c) allow regulatory authorities to release bond if they are
satisfied that all the reclamation or a phase of the reclamation
covered by the bond has been accomplished, the Director finds this
definition is not inconsistent with Federal program requirements.
Therefore, the Director is approving Missouri's proposed revision to
its definition of ``Phase I reclamation bond'' at RSMo 444.805(15).
2. RSMo 444.830--Filing Phase I Reclamation Bond
Missouri proposes to remove a provision from RSMo 444.830.1 and
insert the provision at RSMo 444.850.1. This provision concerns the
factors to be considered when determining the required Phase I bond
amount. Since the provision is to be inserted in RSMo 444.950.1, the
Director finds this change does not render the previously approved
provisions at RSMo 444.830.1 and 444.950.1 less stringent than the
requirements for performance bonds at section 509(a) of SMCRA and is
approving the provision move.
3. RSMo 444.950--Phase I Reclamation Bond Requirements
a. Adjustable Phase I Bond. (1) Minimum Adjustable Rate Phase I
Reclamation Bond. At RSMO 444.950.1, Missouri proposes to establish a
minimum Phase I reclamation bond rate of $2,500 per acre for all
permitted acreage, except for coal preparation areas for which the
minimum bond rate would be $10,000 per permitted acre. OSM previously
approved the $2,500 per acre Phase I bond amount in the February 26,
1988, Federal Register (53 FR 5766) and the $10,000 per acre bond
requirement for coal preparation areas in the October 31, 1988, Federal
Register (53 FR 43866) for unbonded acreage under new permits, after
April 30, 1986, or permits undisturbed as of that date. Both approvals
were considered to be adequate partial responses to OSM's January 30,
1986, 30 CFR part 732 notification to Missouri.
Missouri's proposal includes provisions that would allow annual
adjustments of up to $250 for the $2,500
[[Page 26449]]
minimum rate and $500 for the $10,000 minimum rate, with maximum bond
rates of $5,000 and $15,000, respectively, Bond amount adjustments
would have to be approved through rulemaking.
Establishment of adjustable Phase I bond rates is an improvement
over the previously approved fixed rats. Adjustable rates will provide
the necessary flexibility to accommodate changes in the cost of future
reclamation, a component essential to ensure the CMLR Fund's solvency
and hence its ability to meet the criteria of 300 CFR 800.11(e).
Therefore, the Director finds these revised provisions at RSMo
444.950.1 are not inconsistent with the requirements of section 509(a)
of SMCRA, and he is approving them.
(2) Factors Used to Determine Phase I Reclamation Bond Amounts.
Missouri proposes to insert a provision at RSMo 444.950.1, that was
removed from RSMO 444.830.1, with no substantive changes in language.
This provision concerns the factors to be considered when determining
the required Phase I reclamation bond amount. These factors will be
used to assess all mine sites annually to determine if an adjustment in
the Phase I reclamation bond amount is necessary. The Director finds
that the addition of this previously approved provision does not render
the provisions at RSMo 444.950.1 less stringent that the Federal
requirements for performance bonds at section 509(a) of SMCRA.
Therefore, the Director is approving Missouri's proposed change.
(3) Minimum Amount of Phase I Reclamation Bond. Missouri proposes
to remove the language ``permitted surface coal mining operation'' and
add the word ``permit'' in that portion of the provision which
currently requires a minimum of $10,000 of Phase I reclamation bond be
posted by an operator. The $10,000 minimum will now apply to each
permit instead of a surface coal mining operation, which might include
multiple permits. Missouri also proposes to delete the language ``at
two thousand five hundred dollars per acre'' in that portion of the
provision which requires a minimum bond equivalent to 20 acres of Phase
I reclamation bond be posted for each acre of open pit. This change is
necessary to be consistent with Missouri's proposal to establish
adjustable Phase I reclamation bond amounts. These changes are not
inconsistent with section 509 of SMCRA, and represent an improvement to
Missouri's alternative bonding system. Therefore, the Director is
approving these revisions to RSMo 444.950.1.
b. Acceptance of Phase I Reclamation Bond. At RSMO 444.950.3,
Missouri proposes to add the language ``Phase I reclamation.'' This
change is necessary to maintain consistency with Missouri's proposal to
delete the term ``full-cost bond'' and revise the term ``Phase I
reclamation bond'' at section 444.805. This proposed change is
nonsubstantive and does not render section 444.950.3 less stringent
than section 509(c) of SMCRA. Therefore, the Director is approving the
proposed change.
c. Release of Phase I Reclamation Bond. At RSMO 444.950.4, Missouri
proposes to add language which would allow retention of up to 20
percent of Phase I reclamation bond after completion of Phase I
reclamation with the retained bond remaining in effect until completion
of Phase III reclamation. This is an improvement over the existing
provision which requires all Phase I bond to be released on completion
of Phase III reclamation. This is an improvement over the existing
provision which requires all Phase I bond to be released on completion
of Phase I reclamation, and it would provide the economic incentive
required by 30 CFR 800.11(e)(2) for permittees to comply with all
reclamation provisions.
Missouri further proposes to allow Phase I reclamation bond be
available for all phases of reclamation in the event of forfeiture.
This is an improvement in the event of forfeiture. This is an
improvement over the existing provision which allows the expenditure of
Phase I reclamation bond only for Phase I reclamation in the event of
forfeiture. Section 509(a) of SMCRA requires that the amount of the
bond be sufficient to assure the completion of the reclamation plan in
the event of forfeiture.
Based on the above discussions, the Director finds the proposed
changes at RSMO 444.950.4 are not inconsistent with sections 509 and
519 of SMCRA, and represent an improvement in the Missouri alternative
bonding program. Therefore, the Director is approving Missouri's
proposed changes.
4. RSMo 444.960-Coal Mine Land Reclamation Fund
Section 509(c) of SMCRA provides that ``in lieu of establishment of
a bonding program, as set forth in this section, the Secretary may
approve * * * an alternative system that will achieve the objectives
and purposes of the bonding program pursuant to this section.'' As
stated in section 509(a) of SMCRA, one of the key objectives and
purposes of the bonding program is ``to assure the completion of the
reclamation plan if the work had to be performed by the regulatory
authority in the event of forfeiture * * *.'' In furtherance of this
objective, 30 CFR 800.11(e)(1) provides, in pertinent part, that OSM
may approve an alternative bonding system if the alternative assures
that ``the regulatory authority will have available sufficient money to
complete the reclamation plan for any areas which may be in default at
any time. Reclamation liability under a bond pool must be continuous.
The liability and obligation of an ABS does not disappear if the bond
pool finds itself unable to meet its obligations as they mature, its
existing capital structure is impaired, or its ability to perform any
of its obligations is impaired.
To meet the requirements of 30 CFR 800.11(e), an alternative
bonding system must assure that the regulatory authority will have
available sufficient money to complete the reclamation plan for any
areas which may be in default at any time, and must provide a
substantial economic incentive for the permittee to comply with all
reclamation provisions.
In this proposed program amendment submittal, Missouri proposes
several changes to its statutes to strengthen its ABS and meet
requirements of section 509 of SMCRA and 30 CFR 800.11(e).
a. Fund A. At RSMO 444.960, Missouri established Fund A in response
to the Director's January 30, 1986, letter that required the State to
outline plans to reclaim its backlog of forfeited sites. The proposed
fee structure of Fund A allocates moneys that existed in the CMLR Fund
as of September 1, 1988, to Fund A and allocates 40 percent of all
moneys assessed for the CMLR Fund after September 1, 1988, to Fund A
until such time that the accumulation of money in Fund A would be
sufficient to complete reclamation of those permits revoked by the
commission prior to September 1, 1988.
In addition, at the time this proposed amendment was submitted,
Missouri submitted a letter from its Attorney General that explains the
legal basis for using Abandoned Mine Land Funds for the reclamation of
Bill's Coal Forfeiture Project. When the proposed amendment was
submitted, Missouri's statutes were silent on expenditure of Abandoned
Mine Land Funds (AML Funds) on forfeiture sites where the surety became
insolvent. Since then, OSM approved a proposed amendment in which
Missouri made changes to its statutes to specifically allow use of AML
Funds on sites where insolvency of the surety occurred (60 FR 43972,
August 24, 1995). Approval of this amendment assures Missouri's statute
includes
[[Page 26450]]
language which allows use of AML Funds on the Bill's Coal Forfeiture
Project. Use of AML Funds at this site would lessen the financial
burden on Fund A, thereby reducing the time period for which
assessments to Fund A must continue.
Separation of Fund A from Fund B in the CMLR Fund system as
proposed by Missouri will allow the funds necessary to reclaim the
backlog of sites forfeited prior to September 1, 1988, and is not
inconsistent with section 509(c) of SMCRA. Therefore, the Director
finds that Missouri's proposed establishment of Fund A under section
RSMo 444.960.1 is no less stringent than section 509(c) of SMCRA and is
no less effective than 30 CFR 800.11(e). Accordingly, the Director is
approving Missouri's proposed establishment of Fund A in the ABS.
b. Fund B. Missouri's proposed Fund B will be used to fund
reclamation of sites where forfeiture occurred after September 1, 1988.
The proposed fee structure requires that 60 percent of the moneys
assessed for the CMLR Fund be allocated to Fund B until enough moneys
accrue in Fund A to complete reclamation of sites where forfeiture
occurred prior to September 1, 1988, after which Fund B will receive
100 percent of the CMLR Fund assessments.
Missouri proposes other changes which will specifically strengthen
Fund B. At RSMo 444.830.1, Missouri proposes to remove the option of
operators to file a full cost bond. This would require all permittees
to participate in the ABS program, thereby providing potential for
increased assessments to the CMLR Fund. At RSMo 444.950.4, Missouri
proposes to allow retention of up to 20 percent of Phase I reclamation
bond after completion of Phase I reclamation with the retained bond
remaining in effect until completion of Phase III reclamation. Also at
RMSo 444.950.4, Missouri proposes to allow the expenditure of Phase I
reclamation bond for all phases of reclamation in the event of
forfeiture. The existing provisions at RMSo 444.950.4 allow release of
all Phase I bond on completion of Phase I reclamation and the
expenditure of Phase I reclamation bond only for Phase I reclamation in
the event of forfeiture. These changes would potentially lessen the
burden on Fund B when forfeitures occur. As previously discussed in
this final rule, all of these proposed changes are being approved by
the Director.
The Director finds that Missouri's proposed concept of Fund B is
not inconsistent with section 509(c) of SMCRA or 30 CFR 800.11(e).
Therefore, the Director is approving Missouri's proposed establishment
of Fund B under section RMSo 444.960.
5. RMSo 444.965--Payments to the CMLR Fund
a. Redesignations. In Missouri's proposed amendment, RMSo 444.965.4
is redesignated 444.965.3, section 444.965.5 is redesignated section
444.965.4, and section 444.965.6 is redesignated section 444.965.5.
These changes do not render the previously approved provisions of RMSo
444.965 less stringent than the requirements of section 509 of SMCRA.
Therefore, the Director is approving the redesignations.
b. CMLR Fund Adjustment. Proposed language at newly codified RMSO
444.965.4, recodified from section 444.965.5, would require that after
the date when enough moneys have accumulated in the 40 percent pool
(Fund A) to complete reclamation on sites revoked prior to September 1,
1988, whenever the fund balance falls below $7 million, tonnage
assessments would resume at the rate of 25 cents per ton for the first
50,000 tons and 15 cents per ton for the second 50,000 tons of coal
sold, shipped, or otherwise disposed of in a calendar year by a
permittee, and the assessments would remain in effect until the fund
balance once again achieved at least $7 million dollars at the close of
the State's fiscal year.
Missouri's proposed tonnage rate assessments at section 444.965.4
would allow reductions in the assessment rates provided at section
444.965.2. Such fee assessments reductions would probably not
jeopardize solvency of the CMLR Fund because at the time of such
reductions, enough moneys would already have accumulated to reclaim the
backlog of forfeited sites where revocation occurred prior to September
1, 1988. The Director finds the changes proposed by Missouri are not
inconsistent with the requirements of section 509(c) of SMCRA.
Therefore, the Director is approving Missouri's proposed changes at
section 444.965.4.
c. CMLR Fund Balance Below $2 Million. At newly codified RMSo
444.965.5, recodified from section 444.965.6, Missouri proposes that:
``After September 1, 1998, whenever the fund balance falls below $2
million, the assessment rate established in subsection 2 of the section
[RMSo 444.965.2] shall increase to a per ton rate of 30 cents per ton
for the first 50,000 tons and 20 cents per ton for the second 50,000
tons of coal sold, shipped, or otherwise disposed of in a calendar year
by a permittee. The increased tonnage assessment shall remain in effect
until the fund balance is at least $3 million at the close of the
State's fiscal year, at which time the assessment rate will revert to
the rate established pursuant to subsection 4 of this section [RSM
444.965.4].'' The proposed increase in assessment rates after September
1, 1998, whenever the fund balance falls below $2 million will increase
Missouri's ability to adjust the fee schedule for the CMLR Fund when
necessary. The Director finds the changes proposed by Missouri are not
inconsistent with the requirements of section 509(c) of SMCRA.
Therefore, the Director is approving the changes proposed by Missouri
at section 444.965.5.
D. Revisions to Missouri's Regulations That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Regulations
1. 10 CSR 40-7.011--Bond Requirements
a. 10 CSR 40-7.011(1), Definitions. (1) Redesignations. In
Missouri's proposed amendment, 10 CSR 40-7.011(1)(B) is redesignated 10
CSR 40-7.011(1)(A), 10 CSR 40-7.011(1)(C) is redesignated 10 CSR 40-
7.011(1)(B), 10 CSR 40-7.011(1)(D) is redesignated 10 CSR 40-
7.011(1)(C), 10 CSR 40-7.011(1)(E) is redesignated 10 CSR 40-
7.011(1)(D), 10 CSR 40-7.011(1)(F) is redesignated 10 CSR 40-
7.011(1)(G), and 10 CSR 40-7.011(1)(G) is redesignated 10 CSR 40-
7.011(1)(H). These changes do not render the previously approved
provisions at 10 CSR 40-7.011(1) less effective than the Federal
regulations. Therefore, the Director is approving the redesignations.
(2) Definition of ``Full Cost Bond.'' At 10 CSR 40-7.011(1)(A),
Missouri proposes to delete the definition of ``full-cost bond.''
Deletion of this definition is discussed in Finding C.1.a. of this
document. In that finding, the Director is approving Missouri's
proposal to delete the definition of ``full-cost'' bond from its
statutes. Therefore, the Director is also approving Missouri's proposal
to delete the definition of ``full-cost bond'' from its regulations at
10 CSR 40-7.011(1)(A).
(3) Definition of ``Phase I Bond.'' At 10 CSR 40-7.011(1)(D),
previously designated 10 CSR 40-7.011(1)(E), Missouri proposes to
redefine the term ``Phase I reclamation bond.'' Redefinition of this
term is discussed in Finding C.1.b. of this document. In that finding,
the Director is approving Missouri's proposal to redefine the term in
its statutes. Since the definition in Missouri's regulation is
substantively the same as the definition in its statute,
[[Page 26451]]
the Director is also approving Missouri's proposal to redefine the term
``Phase I bond'' in its regulation at 10 CSR 40-7.011(1)(D).
(4) Definition of ``Phase II Bond.'' At 10 CSR 40-7.011(1)(E),
Missouri proposes to add a definition for ``Phase II bond.'' It is
defined as ``performance bond conditioned on the release of Phase II
liability.'' There is no direct Federal counterpart to Missouri's
proposed definition. However, since the Federal regulations at 30 CFR
800.13(a)(2) authorize regulatory authorities to accept phased bonding
and the Federal regulations at 30 CFR 800.40(c) allow regulatory
authorities to release bond if they are satisfied that all the
reclamation or a phase of the reclamation covered by the bond has been
accomplished, the Director finds Missouri's proposed definition of
``Phase II bond'' is not inconsistent with the Federal regulation
requirements. therefore, the Director is approving Missouri's proposal
to add a definition for ``Phase II bond'' at 10 CSR 40-7.011(1)(E).
(5) Definition of ``Phase III Bond.'' At 10 CSR 40-7.011(1)(F),
Missouri proposes to add a definition for ``Phase III bond.'' It is
defined as ``performance bond conditioned on the release of Phase III
liability.'' There is no direct Federal counterpart to Missouri's
proposed definition. However, since the Federal regulations at 30 CFR
800.13(a)(2) authorize regulatory authorities to accept phased bonding
and the Federal regulations at 30 CFR 800.40(c) allow regulatory
authorities to release bond if they are satisfied that all the
reclamation or a phase of the reclamation covered by the bond has been
accomplished, the Director finds Missouri's proposed definition of
``Phase III bond'' is not inconsistent with the Federal regulation
requirements. Therefore, the Director is approving Missouri's proposal
to add a definition for ``Phase III bond'' at 10 CSR 40-7.011(1)(F).
b. 10 CSR 40-7.011(3), Incremental Bonding. (1) Filing Incremental
Bond. At 10 CSR 40-7.011(3)(A), Missouri proposes to add the provision,
``Disturbance is prohibited on succeeding increments, underground
shafts, tunnels, or operations prior to acceptance of bond.'' This
provision is substantially the same as that found at 10 CSR 40-
7.011(c). Therefore, the Director finds that addition of this provision
does not render 10 CSR 40-7.011(3)(A) less effective than the Federal
regulations, and he is approving the addition as proposed by Missouri.
(2) Identification of Increments for Bonding. At 10 CSR 40-
7.011(3)(D), Missouri proposes to add the language, ``* * * submit an
incremental bonding schedule and * * *.'' Although the counterpart
Federal regulation at 30 CFR 800.11(b)(3) does not require submission
of an incremental bonding schedule, the Federal regulation at 30 CFR
800.11(d)(3) does require the applicant to submit an incremental bond
schedule if he elects to bond in increments. Therefore, the Director
finds that addition of this requirement to 10 CSR 40-7.011(3)(D) does
not render it less effective than 30 CFR 800.11(b)(3), and is approving
the addition of language as proposed by Missouri.
(c) 10 CSR 40-7.011(4), Bond Amounts. (1) Minimum per Acre Phase I
Bond Amounts. At 10 CSR 40-7.011(4)(A), Missouri proposes to make
language changes and deletions to retain consistency with proposed
changes at RSMo 444.950.1 concerning minimum Phase I reclamation bond
amounts. Missouri, also, proposes to add the provision now found at 10
CSR 40-7.011(4)(C) which establishes the minimum amount of Phase I
reclamation bond required for each acre of coal preparation area. The
proposed revisions to Missouri's statute requirements for minimum Phase
I reclamation bond amounts are discussed in Finding C.3.a.(1) in this
document. In that finding, the Director approved Missouri's proposed
changes to its statute at RSMo 444.950.1. Therefore, the Director is
also approving Missouri's proposed language changes, additions, and
deletions as proposed at 40 CSR 40-7.011(4)(A), since they are
consistent with the approved statute revisions at RSMo 444.950.1.
(2) Minimum Phase I Bond for a Permit. At existing 10 CSR 40-
7.011(4)(D), redesignated as 10 CSR 40-7.011(4)(B), Missouri proposes
to change language so that the minimum amount of Phase I bond required
for mines with fewer than 1,000 acres shall be $10,000, or the
equivalent of 20 acres of bond for each acre of open pit area, for a
single permit instead of mine, and remove the definition of a ``single
mine.'' The Federal regulations at 30 CFR 800.14(b) set a minimum bond
requirement of $10,000 for the entire area under one permit. Missouri's
proposed changes at 10 CSR 40-7.011(4)(B) would also establish a
minimum bond rate of $10,000 for the area under one permit. Therefore,
the Director finds Missouri's proposed changes are no less effective
than the Federal regulations at 30 CFR 800.14(b), and he is approving
Missouri's proposed changes at redesignated 10 CSR 40-7.011(4)(B).
(3) Deleted Regulations. Missouri proposes to delete existing 10
CSR 40-7.011(4) (B), (C), (E), (F), (G), (H), and (I).
(a) At existing 10 CSR 40-7.011(4)(B), the provision allows for a
lesser amount of bond per acre than the $2,500 minimum bond per acre
set by 10 CSR 40-7.011(4)(A). Deletion of existing 10 CSR 40-
7.011(4)(B) will allow bond on any permitted acreage to be no less than
the $2,500 bond per acre required by 10 CSR 40-7.011(4)(A). The
Director finds deletion of existing 10 CSR 40-7.011(4)(B) will not
render 10 CSR 40-7.011(4) less effective than the Federal requirements
at 30 CFR 800.14(b).
(b) The provision at 10 CSR 40-7.011(4)(C) is being added to 10 CSR
40-7.011(4)(A). The Director finds deletion of 10 CSR 40-7.011(4)(C)
and insertion of the provision at 10 CSR 40-7.011(4)(A) will not render
10 CSR 40-7.011(4) less effective than the Federal requirements at 30
CFR 800.14(b).
(c) The provisions at 10 CSR 40-7.011(4) (E), (F), (G), (H), and
(I) all pertain to full-cost bonding. Deletion of the option to file a
full-cost bond in the Missouri statutes is discussed in Finding B.1.a.
In that finding, the Director approved Missouri's proposal at RSMo
444.830.1 to delete the option to file a full-cost bond. Therefore, the
Director is approving Missouri's proposal to delete existing
regulations pertaining to full-cost bond at 10 CSR 40-7.011(4) (B),
(C), (E), (F), (G), (H), and (I).
d. 10 CSR 40-7.011(5), Adjustment of Bond Amounts. Missouri
proposes to add new section 10 CSR 40-7.011(5), which includes
provisions at subsections (A), (B), (C), (D), and (E), that would allow
the State to adjust Phase I bond rates to ensure adequate bonding
amounts. The provisions at proposed new section 10 CSR 40-7.011(5) are
substantially the same as the proposed provisions of Missouri's statute
at RSMo-444.950.1, which are discussed in Finding C.3.a.(1). In that
finding, the Director is approving Missouri's proposed statute
provisions concerning adjustment of Phase I bond amounts. Therefore,
the Director is approving Missouri's proposed regulation provisions at
10 CSR 40-7.011(5).
2. 10 CSR 40-7.021 Duration and Release of Reclamation Liability
a. 10 CSR 40-7.021(2) Criteria and Schedule for Release of
Reclamation Liability. (1) General. At 10 CSR 40-7.021(2), Missouri
proposes to remove the provision concerning retention of bond on
unreclaimed temporary structures, such as roads, sediment ponds,
diversions, and stockpiles where
[[Page 26452]]
Phase I, II, and III liabilities under the alternative bonding system
apply and on a reclamation cost estimate basis where full-cost bonding
applies. Missouri is proposing to move that portion of the provision
pertaining to Phase I bond to 10 CSR 40-7.021(2)(A), and is proposing
to delete that portion of the provision pertaining to full-cost
bonding. As discussed in Finding B.1.a., the Director is approving
Missouri's proposal to delete the option to file a full-cost bond.
Therefore, none of the existing Missouri program provisions are
rendered less effective by this proposed move and deletion, and the
Director is approving Missouri's proposed revision at 10 CSR 40-
7.021(2).
(2) 10 CSR 40-7.021(2)(A) Qualification for Release of Phase I
Liability. As discussed above, Missouri proposes to move the
requirement that Phase I bond be retained on unreclaimed temporary
structures, such as roads, sediment ponds, diversions, and stockpiles
from 10 CSR 40-7.021(2) to 10 CSR 40-7.021(2)(A). Retention of bond for
unreclaimed temporary structures is not addressed as separate
requirements in the Federal regulations for bond release; however,
Phase I bond release may not be approved until backfilling, grading,
and drainage control in accordance with the reclamation plan is
complete. Since 10 CSR 40-7.021(2)(A) retains its requirement for
completion of backfilling, grading, and drainage control prior to Phase
I bond release, the existing regulation provisions are not rendered
less effective by the inclusion of the requirement for retention of
bond for unreclaimed temporary structures. Therefore, the Director
finds the proposed revision is no less effective than the Federal
regulations at 30 CFR 800.40(c)(1), and is approving Missouri's
proposed change at 10 CSR 40-7.021(2)(A).
(3) 10 CSR 40-7.021(2)(D)1 Release of Phase I Bond When Phase I
Reclamation is Completed. In addition to the proposed changes at 10 CSR
40-7.021(2)(D)1 previously discussed in Finding B.1.b., Missouri
proposes to add language to require that after 80 percent of Phase I
bond is released, the total remaining bond for a single permit shall
not be below the amount required by 10 CSR 40-7.011(4)(B). As discussed
in Finding D.1.c.(2), the Director is approving new 10 CSR 40-
7.011(4)(B) which requires that the minimum amount of Phase I bond
applied to a single permit shall be $10,000, or the equivalent of 20
acres of bond for each acre of open pit area, whichever is greater. The
Director finds Missouri's proposed change does not render 10 CSR 40-
7.021(2)(D)1 less effective than the requirements of 30 CFR
800.40(c)(1), and he is approving it.
(4) 10 CSR 40-7.021(2)(D)2 Release of Remaining Phase I Reclamation
Bond. At 10 CSR 40-7.021(2)(D)2, Missouri proposes to delete language
pertaining to release of full-cost bonds and to add the following
language pertaining to release of Phase I reclamation bond: ``The
remaining amount of the bonds shall be released when Phase III
liability is released.'' Deletion of the option to file a full-cost
bond is discussed in Finding B.1.a. In that finding, the Director
approved Missouri's proposal to delete the option to file a full-cost
bond from its statutes. Retention of a portion of Phase I bond until
completion of Phase III reclamation is discussed in Finding C.3.c. In
that finding, the Director approved Missouri's provision in its
statutes to retain up to 20 percent of Phase I bond until completion of
Phase III reclamation. These changes proposed by Missouri are necessary
to maintain consistency in its program and are not inconsistent with
SMCRA or the Federal regulations. Therefore, the Director is approving
Missouri's proposed changes at 10 CSR 40-7.021(2)(D)2.
(5) 10 CSR 40-7.021(2)(E) Release of Bond from Undisturbed Areas.
At 10 CSR 40-7.021(2)(E), Missouri proposes to clarify its provision
for release of bond liability from undisturbed areas which are adjacent
to disturbed lands by specifying that the bond ``may'' be released
instead of ``shall'' be released and by adding language pertaining to
surface mining disturbances: ``All bonding liability may be released in
full from undisturbed areas when further disturbances from surface
mining have ceased.'' In addition, Missouri proposes to clarify that
``The permit shall terminate on all areas where all bonds have been
released.'' Federal regulations at 30 CFR 800.15(c) allow reduction of
bond liability for undisturbed land. Although the Federal regulations
for undisturbed areas do not contain specific language pertaining to
permit termination, the Director finds the proposed changes would not
render 10 CSR 40-7.021(2)(E) inconsistent with SMCRA or the Federal
regulations and is approving them.
b. 10 CSR 40-7.021(5) Requirement to File an Affidavit. On the
State's initiative, additional requirements for bond release are
proposed to be added to the Missouri program. Specifically, Missouri
proposes to add a new section 10 CSR 40-7.021(5) which would require an
operator who is seeking a Phase III bond release to file an affidavit
with the recorder of deeds in the county where mining occurred
describing the parcel(s) of land where operations such as underground
mining, auger mining, covering of slurry ponds, or other underground
activities occurred which could impact or limit future use of the land.
This requirement would be applicable to mined land where Phase I
reclamation was completed on or after September 1, 1992. There is no
Federal counterpart to the proposed provision for Phase III bond
release at section 519 of SMCRA or 30 CFR 800.40(c). The Director finds
the additional requirements would not adversely impact the Missouri
program as none of the existing program provisions are rendered less
effective than the Federal regulations by the inclusion of the
additional requirements. Therefore, he is approving 10 CSR 40-7.021(5)
as proposed.
3. 10 CSR 40-7.041 Form and Administration of the Coal Mine Land
Reclamation Fund
Missouri proposes to delete 10 CSR 40-7.041(4)(A)2. This provision
stipulates that Reclamation Fund moneys cannot be expended for
reclamation or areas bonded by full-cost bonds. Since Missouri also
proposes in this amendment to remove the option to file a full-cost
bond, this proposed deletion is necessary to maintain consistency in
the Missouri program. As discussed in Finding B.1.a., the Director is
approving the deletion of the option to file a full-cost bond from the
Missouri program. Therefore, the Director finds Missouri's proposed
deletion of 10 CSR 40-7.041(4)(A)2 will not render 10 CSR 40-
7.041(4)(A) less effective than the Federal regulations.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because on one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Missouri program. No comments
from Federal agencies were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written
[[Page 26453]]
concurrence of the EPA with respect to those provisions of the proposed
program amendment that relate to air or water quality standards
promulgated under the authority of the Clean Water Act (33 U.S.C. 1251
et seq.).
None of the revisions that Missouri proposed to make in its
amendment pertain to air or water quality standards. Nevertheless, OSM
requested EPA's concurrence with the proposed amendment (Administrative
Record Nos. MO-621 and MO-624). EPA did not respond to OSM's request.
V. Director's Decision
Based on the above findings, the Director is approving, with a
reporting stipulation, the proposed amendment as submitted by Missouri
on March 7, 1995, and March 28, 1995. This stipulation requires
Missouri to submit semi-annual reports to demonstrate continued
solvency of the CMLR Fund, beginning with the first report due October
1, 1996, until such time that OSM informs Missouri of a less frequent
reporting period.
The changes approved in this rulemaking strengthens the Missouri
program and, as such, are consistent with SMCRA and the Federal
regulations at 30 CFR 732.17(g).
The Director approves the regulations and statutes as proposed by
Missouri with the provision that they be fully promulgated in identical
form to the regulations and statutes submitted to and reviewed by OSM
and the public.
The Federal regulations at 30 CFR Part 925, codifying decisions
concerning the Missouri program, are being amended to implement this
decision. With respect to those changes in State laws and regulations
approved in this document, the Director is making the final rule
effective immediately.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. In the oversight of the Missouri program, the Director will
recognize only the statutes, regulations, and other materials approved
by OSM, together with any consistent implementing policies, directives,
and other materials, and will require the enforcement by Missouri of
only such provisions.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 8, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 925--MISSOURI
1. The authority citation for Part 925 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 925.15 is amended by adding paragraph (t) to read as
follows:
Sec. 925.15 Approval of regulatory program amendments.
* * * * *
(t) Revisions to the following statutes and regulations, as
submitted to OSM on March 7 and March 28, 1995, are approved effective
May 28, 1996, with a reporting stipulation that requires Missouri to
submit semi-annual reports to demonstrate continued solvency of the
CMLR Fund, beginning with the first report due October 1, 1996, until
such time that OSM informs Missouri of a less frequent reporting
period.
(1) Revisions to the Revised Statutes of Missouri (RSMo).
RSMo 444.805--Deletion of the definition of full-cost bond and revision
of the definition of Phase I reclamation bond.
RSMo 444.830.1--Deletion of option to file a full-cost bond and
revision to Phase I reclamation bond filing requirements.
RSMo 444.830.3--Commission's adoption of an alternative bonding system.
RSMo 444.950.1--Phase I reclamation bond amount requirements, including
annual adjustments proposed through the Missouri rulemaking process.
[[Page 26454]]
RSMo 444.950.3--Self-bonding requirements and adoption of an
alternative bonding system.
RSMo 444.950.4--Phase I reclamation bond liability.
RSMo 444.960.1--Establishment of the CMLR Fund.
RSMo 444.960.5--Allocation and use of the A (40%) and B (60%) portions
of the CMLR Fund.
RSMo 444.965.1--CMLR initial assessments.
RSMo 444.965.3--Deletion of buy-out option.
RSMo 444.965.4--CMLR Fund Adjustment.
RSMo 444.965.5--CMLR assessment increase.
(2) Revisions to the Missouri Code of Regulations (CSR) at 10 CSR
40-7.
10 CSR 40-7.011(1)--Deletion of the definition of full-cost bond,
revision of the definition of Phase I bond, and addition of definitions
for Phase II and Phase III bond.
10 CSR 40-7.011(2)--Revision of requirements to file a bond.
10 CSR 40-7.011(3)--Filing of incremental bond and identification of
increments for bonding.
10 CSR 40-7.011(4)--Minimum per acre Phase I bond amounts, minimum
Phase I bond for a permit, and deletion of full-cost bonding
provisions.
10 CSR 40-7.011(5)--Annual adjustment of Phase I bond amounts.
10 CSR 40-7.021(2)--Concerning criteria and schedule for release of
reclamation liability, qualification for release of Phase I liability,
release of Phase I bond when Phase I reclamation is completed, and
release of bond from undisturbed areas.
10 CSR 40-7.021(5)--Requirement to file an affidavit at Phase III
release of underground mining acreage.
10 CSR 40-7.041(1)--Payment to the 40 percent pool, assessment rates,
continuation of monthly assessments, and reinstatement rates.
10 CSR 40-7.041(4)--Expenditure of reclamation fund moneys.
Sec. 925.16 [Amended]
3. Section 925.16 is amended by removing and reserving paragraphs
(g)(1) through (g)(8) and (g)(20).
[FR Doc. 96-13261 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-13256 Special Use Airspace
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26434-26435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13256]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR part 73
[Docket No. 27400; Amendment No. 73-8]
Special Use Airspace
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This action replaces the title of the Director, Office of Air
Traffic System Management, with Program Director for Air Traffic
Operations. This change is necessary to make the regulation consistent
with the current Air Traffic organizational structure.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph C. White, Air Traffic
Rules, ATA-431, Airspace and Rules Division, 800 Independence Avenue,
SW., Washington, DC 20591, telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 1996, the Air Traffic Services of the FAA underwent a
reorganization that affected the Washington headquarters and regional
offices. One result of the reorganization was a realignment of
functions with corresponding changes in office names. Section 73.19,
Reports by Using Agency, of Title 14, Code of Federal Regulations (14
CFR) requires agencies using special use airspace to report their
annual use of assigned restricted areas to the Director, Office of Air
Traffic System Management. The office with current responsibility for
managing those reports now is the Program Director for Air Traffic
Operations. This technical amendment updates the rule to reflect the
change in office name.
Because this action is merely a technical amendment reflecting the
change in the name of an office, the FAA finds that notice and public
procedure under 5 U.S.C. 553(b) are unnecessary. For the same reason,
the FAA finds that good cause exists under 5 U.S.C. 5553(d) for making
this amendment effective upon publication.
The FAA has determined that this regulation; (1) is not
``significant'' under Executive Order 12866; (2) is not a ``significant
rule'' under DOT Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is minimal. Since this
is a routine matter that will affect only air traffic procedures, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 73
Air safety, Air traffic control, Air transportartion, Airmen,
Airports, Aviation safety.
The Amendment
In consideration of the above, the FAA amends 14 CFR Part 73 as
follows:
PART 73--SPECIAL USE AIRSPACE
1. The authority citation for Part 73 continues to read as follows:
Authority: 49 U.S.C. 106(G), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p#389, 14 CFR 11.69.
2. In Section 73.19, paragraphs (a) and (c) are revised as follows:
[[Page 26435]]
Sec. 73.19 Reports by using agency.
(a) Each using agency shall prepare a report on the use of each
restricted area assigned thereto during any part of the preceding 12-
month period ended September 30, and transmit it by the following
January 31 of each year to the Manager, Air Traffic Division in the
regional office of the Federal Aviation Administration having
jurisdiction over the area in which the restricted area is located,
with a copy to the Program Director for Air Traffic Operations, Federal
Aviation Administration, Washington, DC 20591.
* * * * *
(c) If it is determined that the information submitted under
paragraph (b) of this section is not sufficient to evaluate the nature
and extent of the use of a restricted area, the FAA may request the
using agency to submit supplementary reports. Within 60 days after
receiving a request for additional information, the using agency shall
submit such information as the Program Director for Air Traffic
Operations considers appropriate. Supplementary reports must be sent to
the FAA officials designated in paragraph (a) of this section.
* * * * *
Issued in Washington, DC, on May 17, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-13256 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13255 Modification of the Offutt AFB, Class C Airspace Area; NE
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26431-26433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13255]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWA-7]
Modification of the Offutt AFB, Class C Airspace Area; NE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule will modify the Class C airspace area at Offutt AFB,
NE, by eliminating the 1-mile exclusion around the South Omaha Airport
due to its closure. In addition, this action will reduce controller
workload.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-3075.
SUPPLEMENTARY INFORMATION:
History
On November 1, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) to modify the Class C
airspace area at Offutt AFB, NE (60 FR 55498). Interested parties were
invited to participate in this rulemaking proceeding by submitting
written comments on the proposal to the FAA. No comments were received
concerning the proposal. Except for editorial changes, this amendment
is the same as that proposed in the notice. Class C airspace
designations are published in paragraph 4000 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class C airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) modifies the Class C airspace area at Offutt AFB, NE. This
amendment eliminates the 1-mile exclusion around the South Omaha
Airport due to its closure. The action returns this airspace to the
surface area of the established Class C airspace.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on international trade. In conducting these
analyses, the FAA has determined that this final rule is not ``a
significant regulatory action'' as defined in the Executive Order and
the Department of Transportation Regulatory Policies and Procedures.
This final rule will modify the Class C airspace area at Offutt
AFB, NE. The
[[Page 26432]]
rule will delete the 1-mile airspace exclusion around South Omaha
Airport and standardize air traffic operations.
Costs
The FAA has determined that the implementation of the final rule to
modify the Class C airspace area at Offutt AFB, NE, will result in
little or no cost to either the agency or aircraft operators. The
elimination of the 1-mile airspace exclusion around the South Omaha
Airport will not reduce aviation safety nor increase the risk of a
midair collision because that airport is closed. Also, the revision to
aeronautical charts to reflect the airspace modification will be part
of the routine and periodic updating of charts. Finally, the FAA will
not incur any additional administrative costs for either personnel or
equipment.
Benefits
The final rule will generate benefits for system users and the FAA
primarily in the form of enhanced operational efficiency. The final
rule will provide additional controlled airspace for aircraft landing
at and departing from the Offutt AFB, NE. Air traffic controllers will
gain operational efficiency as they will be able to standardize air
traffic operations.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a final rule will have ``a
significant economic impact on a substantial number of small
entities.'' FAA Order 2100.14A outlines the FAA's procedures and
criteria for implementing the RFA. Small entities are independently
owned and operated small businesses and small not-for-profit
organizations. A substantial number of small entities is defined as a
number that is 11 or more and which is more than one-third of the small
entities subject to this final rule.
The FAA determined that revising the Class C airspace area at
Offutt AFB will not result in a significant economic impact on a
substantial number of small entities. This determination was made
because there are little or no costs associated with this final rule.
International Trade Impact Assessment
This final rule will not constitute a barrier to international
trade, including the export of U.S. goods and services to foreign
countries and the import of foreign goods and services into the United
States. This final rule will not impose costs on aircraft operators or
aircraft manufacturers in the United States or foreign countries. The
modification of the Class C airspace area will only affect U.S.
terminal airspace operating procedures at and in the vicinity of Offutt
AFB, NE. This final rule will not have international trade
ramifications because it is a domestic airspace matter that will not
impose additional costs or requirements on affected entities.
Conclusion
In view of the minimal cost of compliance, the benefits of enhanced
aviation safety, and increased operational efficiency of air traffic
controllers, the FAA believes that this final rule is cost-beneficial.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71, as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
ACE NE C Offutt AFB, NE [Revised]
Offutt AFB, NE
(lat. 41 deg.07'06''N, long. 95 deg.54'45''W.)
That airspace extending upward from the surface to and including
5,000 feet MSL within a 5-mile radius of Offutt AFB, and that
airspace extending upward from 2,500 feet MSL to and including 5,000
feet MSL within a 10-mile radius of the Offutt AFB excluding that
airspace designated as the Eppley Airfield, Omaha, NE, Class C
airspace area.
* * * * *
Issued in Washington, DC, on May 13, 1996
Harold W. Becker,
Acting Program Director for Air Traffic, Airspace Management.
BILLING CODE 4910-13-P
[[Page 26433]]
[GRAPHIC] [TIFF OMITTED] TR28MY96.001
[FR Doc. 96-13255 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-C
Complete official Federal Register PDF
FR Doc. 96-13253 Removal of Class D Airspace; K.I. Sawyer (AFB), MI
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26433-26434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13253]
-----------------------------------------------------------------------
[[Page 26434]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AGL-4]
Removal of Class D Airspace; K.I. Sawyer (AFB), MI
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action removes Class D airspace at K.I. Sawyer (AFB), MI.
On August 31, 1995, the Air Force closed Sawyer AFB and ceased all
operations. As a result, Class D airspace at this location is no longer
necessary.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Peter H. Salmon, Air Traffic Division, Operations Branch, AGL-530,
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines,
Illinois 60018, telephone (847) 294-7568.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) to remove Class D
airspace at K.I. Sawyer AFB, MI (61 FR 3346).
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Class D airspace
designations are published in paragraph 5000 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class D designation
listed in this document will be removed subsequently in the Order.
The Rule
The amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) removes Class D airspace at K.I. Sawyer AFB, MI. On August
31, 1995 the Air Force closed Sawyer AFB and ceased all operations. As
a result Class D airspace at this location is no longer necessary.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AGL MI D K.I. Sawyer, MI [Removed]
* * * * *
Issued in Des Plaines, Illinois on May 2, 1996.
Maureen Woods,
Acting Manager, Air Traffic Division.
[FR Doc. 96-13253 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13252 Transportation for Individuals With Disabilities; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26467-26468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13252]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 37 and 38
[Docket No. 49658]
RIN 2105-AC13
Transportation for Individuals With Disabilities; Correction
AGENCY: Department of Transportation (DOT), Office of the Secretary.
[[Page 26468]]
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: On May 21, 1996, the Department of Transportation published
final rules amending its Americans with Disabilities Act in several
respects (61 FR 25409). This document corrects certain editorial errors
in that document. The corrections do not affect the substance of the
amendments.
EFFECTIVE DATE: June 20, 1996.
FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 400 7th Street, SW, Room 10424, Washington, DC, 20590.
(202) 366-9306 (voice); (202) 755-7687 (TDD); or Richard Wong, Office
of Chief Counsel, Federal Transit Administration, same street address,
Room 9316. (202) 366-4011.
SUPPLEMENTARY INFORMATION:
Background
The Department is making editorial corrections to its May 21, 1996,
final rule (61 FR 25409), amending 49 CFR parts 37 and 38, which
implement the Americans with Disabilities Act for transportation
services. The amendments concern such subjects as advance reservations
for paratransit service, updates to paratransit plans, requirements for
independent private schools, and other subjects.
Need for Correction
As published, the document contains errors which may prove to be
misleading and are in need of correction. First, In the preamble, the
last sentence of the first paragraph under the heading ``Visitor
Eligibility,'' beginning ``The Department will further amend * * *''
(61 FR 25414, first column) is incorrect, and should be disregarded.
The rule does not contain such an amendment,
In four instances, the amendatory language for certain provisions
of the rule left notice of proposed rulemaking language (e.g.,
``proposes to amend'' rather than ``amends'' or ``revises'') in place.
This document corrects these errors. Finally, the amendment to
Sec. 37.135(c)(1) contained an potentially misleading citation to
Secs. 37.137-139, which could cause confusion about the applicability
of the requirement of Secs. 37.137(c) for continuing public
participation in transit authorities' paratransit programs. The
citation is corrected to fix this problem.
Correction of Publication
Accordingly, the publication on May 21, 1996, of the final
regulations amending 49 CFR Parts 37 and 38, which were the subject of
FR Doc. 96-11935, is corrected as follows:
1. On page 25415, in the third column, amendatory instruction 1,
relating to the authority citation for 49 CFR Part 37, is corrected to
read as follows:
1. The authority citation for 49 CFR Part 37 continues to read as
follows:
2. On page 25415, in the third column, amendatory instruction 2,
relating to the authority citation for 49 CFR Part 38, is corrected to
read as follows:
2. The authority citation for 49 CFR Part 38 is revised to read as
follows:
3. On page 25415, in the third column, amendatory instruction 3,
relating to the revision of Sec. 37,27(b), is corrected to read as
follows:
3. In part 37, Sec. 37.27(b) is revised to read as follows:
4. On page 25416, in the second column, in the amendment to
Sec. 37.135(c)(1), the citation in the final sentence of the paragraph
to ``Secs. 37.137-37.139'' is corrected to read ``Secs. 37.137 (a) and
(b), 37.138 and 37.139''.
5. On page 25416, in the third column, amendatory instruction 12,
relating to Appendix D to Part 37, is corrected to read as follows:
12. In Part 37, Appendix D, the paragraph entitled ``Section 37.13
Effective Date for Certain Vehicle Lift Specifications'' is amended by
replacing the words ``new 30'' by 48'''' with the words ``Part 38''.
Rasheed J. Tahir,
Legal Assistant.
[FR Doc. 96-13252 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 96-13249 Delegation of Authority to General Counsel To Act Upon Applications for Determination of Exempt Telecommunications Company Status
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13249]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[DA 96-396]
Delegation of Authority to General Counsel To Act Upon
Applications for Determination of Exempt Telecommunications Company
Status
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment changes the Commission's rules to reflect
delegation of authority to the General Counsel to act on applications
for determination of exempt telecommunications company status.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: Lawrence J. Spiwak, Office of General
Counsel, (202) 418-1880.
SUPPLEMENTARY INFORMATION:
1. Through this order in DA 96-396, adopted May 14, 1996 and
released May 15, 1996, we amend part O of the Commission's rules to
reflect a delegation of authority to the General Counsel to act upon
applications for ``exempt telecommunications company'' (``ETC'') status
filed with the Commission under new section 34(a)(1) of the Public
Utility Holding Company Act of 1935.1 This authority was delegated
by the Commission in an order granting the application of CSW
Communications, Inc. for a determination of ETC status.2 In CSW,
the Commission also ordered the Managing Director to make conforming
changes to the Commission's rules to reflect this delegation of
authority.3
---------------------------------------------------------------------------
\1\ 15 U.S.C. 79-79z-5b, as added by section 103 of the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996).
\2\ Order, In re Application of CSW Communications, Inc. for
Status as an Exempt Telecommunications Company, ____ FCC Rcd ____,
(FCC 96-152, Rel. April 4, 1996) (``CSW'').
\3\ Id.
---------------------------------------------------------------------------
2. The amendments adopted herein pertain to agency organization.
The notice and comment and effective date provisions of section 4 of
the Administrative Procedure Act 4 are therefore inapplicable.
Authority for the amendments adopted herein is contained in sections
4(i) and (j), 5(c)(1) of the Communications Act of 1934, as amended.
---------------------------------------------------------------------------
\4\ 5 U.S.C. Sec. 553(b)(A) and 553(d).
---------------------------------------------------------------------------
3. Accordingly, it is ordered, pursuant to authority delegated by
Commission Order, FCC 96-152, released April 4, 1996, and effective
upon publication in the Federal Register, that part 0 of the
Commission's rules and regulations is amended as set forth below.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
List of Subjects in 47 CFR Part 0
Organization and functions.
Final Rules
Part 0 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 0--ORGANIZATION AND FUNCTIONS
1. The authority citation for part 0 continues to read as follows:
Authority: 47 CFR Ch. 1, secs. 2-5, 301, 303, 307-309, 315, 317,
48 Stat., as amended, 1064-1066, 1068, 1081-1085, 1089, 47 U.S.C.
152-155, 301, 303, 307-309, 315, 317.
2. Section 0.251 is amended by adding a new paragraph (j), which
reads as follows:
* * * * *
(j) The General Counsel is delegated authority to act upon any
application for a determination of exempt telecommunications company
status filed pursuant to section 34(a)(1) of the Public Utility Holding
Company Act of 1935, as amended by section 103 of the
Telecommunications Act of 1996.
[FR Doc. 96-13249 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-13211 Wetlands Reserve Program
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26423-26424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13211]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 703
RIN 0560-AE83
Wetlands Reserve Program
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes obsolete regulations pertaining to the
Wetlands Reserve Program (WRP). Under the Department of Agriculture
Reorganization Act of 1994, Public Law 103-354, WRP program authority
was transferred to the Natural Resources Conservation Service. This
action is being taken as part of the National Performance Review
program to eliminate unnecessary regulations and improve those that
remain in force.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: Cheryl Zavodny, Chief, Conservation
Programs Branch, Conservation and Environmental Protection Division,
USDA, FSA, P.O. Box 2415, Ag Box 0513, Washington, DC 20013-2415 or
call 202-720-7333.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant for the
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this final rule since the Commodity Credit Corporation is
not required by 5 U.S.C. 553 or any other provision of law to publish a
notice of final rulemaking with respect to the subject matter of these
determinations.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is needed.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of the final rule do not preempt State
laws, are not retroactive, and do not involve administrative appeals.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. See notice related to 7 CFR Part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
[[Page 26424]]
Paperwork Reduction Act
The amendments to 7 CFR Part 703 set forth in this final rule do
not contain information collections that require clearance by OMB under
the provisions of 44 U.S.C. 35.
Background
This final rule removes 7 CFR Part 703 pertaining to the Wetlands
Reserve Program (WRP). WRP program authority was transferred from the
Farm Service Agency to the Natural Resource Conservation Service under
the Department of Agriculture Reorganization Act of 1994, Public Law
No. 103-354. Therefore, 7 CFR Part 703 is obsolete. Regulations for the
WRP are now located in 7 CFR Part 620.
List of Subjects in 7 CFR Part 703
Administrative practices and procedures, agriculture, Flood plains,
Grant programs--Agriculture, Grant programs--natural resources,
Reporting and recordkeeping requirements, Technical assistance,
Wetlands.
PART 703--[REMOVED]
Accordingly, under the Authority of 7 U.S.C. 2202 and 7 CFR 2.42, 7
CFR Part 703 is removed.
Signed at Washington, DC, on May 20, 1996.
Bruce R. Weber,
Administrator, Farm Service Agency.
[FR Doc. 96-13211 Filed 5-24-96; 8:45 am]
BILLING CODE 3410-05-P
Complete official Federal Register PDF
FR Doc. 96-13207 Airworthiness Directives; Robinson Helicopter Company Model R44 Helicopters
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26427-26429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13207]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-SW-32-AD; Amendment 39-9634; AD 96-11-09]
RIN 2120-AA64
Airworthiness Directives; Robinson Helicopter Company Model R44
Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to Robinson Helicopter Company (Robinson) Model R44
helicopters, that requires an adjustment to the low-RPM warning unit
threshold to increase the revolutions-per-minute (RPM) at which the
warning horn and caution light activate, and revisions to the R44
Rotorcraft Flight Manual that prohibit flight with the throttle
governor (governor) selected off, except in certain situations. This
amendment is prompted by an FAA Technical Panel Review of Robinson
accident history data which revealed that main rotor (M/R) blade stall
at abnormally low M/R RPM resulted in accidents. The actions specified
by this AD are intended to minimize the possibility of pilot
mismanagement of the M/R RPM, which could result in unrecoverable M/R
stall and subsequent loss of control of the helicopter.
EFFECTIVE DATE: July 2, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Bumann, Aerospace
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960
Paramount Blvd., Lakewood, California 90712-4137, telephone (310) 627-
5265; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to Robinson Model R44 helicopters was
published in the Federal Register on February 2, 1996 (61 FR 3882).
That action proposed to require resetting the warning unit to activate
the warning horn and caution
[[Page 26428]]
light at 96% to 97% RPM, and revisions to the R44 Rotorcraft Flight
Manual that prohibit flight with the governor selected off, except in
certain situations.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Two comments were received. One commenter supports the proposal.
The other commenter states that the proposal should not be issued since
it is unnecessary with little impact on safety. The commenter notes
that Robinson Helicopter R44 Service Bulletin SB-7A, revised June 8,
1995, already requires all helicopters to be updated with the low RPM
warning horn threshold between 96% to 98% RPM. Additionally, the
commenter states that all U.S. registered aircraft have the current
revision of the R44 Rotorcraft Flight Manual (RFM) incorporating the
governor off limitation.
The FAA does not concur. Manufacturer's Service Bulletins are not
mandatory for Part 91 operators. Similarly, flight manual revisions are
not required to be inserted in the RFM unless the revision is required
by an AD. The FAA has determined that AD action should be taken to
ensure that all U.S. operators have incorporated the revision to the
Limitations section of the FAA-approved R44 RFM regarding operation of
the governor.
The same commenter also disagrees with the proposed action
requiring an instructor pilot to be present with a high-time
experienced pilot while practicing emergency procedures with the
governor off. The commenter notes that since the R44 RFM requires the
governor off for autorotations, high-time experienced pilots would only
be allowed to practice autorotations with an instructor pilot present.
The commenter believes that a pilot should be able to practice
autorotations without an instructor.
The FAA concurs. Pilots should be able to reinforce their training
by practicing maneuvers in which they have already demonstrated
proficiency. Pilots who have received an endorsement from a certified
flight instructor to act as a pilot in command of a Robinson R44
helicopter should be allowed to practice emergency procedures training
without the assistance of a flight instructor. This final rule is
revised to require the Limitations section of the R44 RFM to read
``Flight prohibited with governor selected off, with exceptions for
inflight system malfunction or emergency procedures training.''
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed except for
revisions to paragraph (b) to delete the words ``with an instructor
pilot'' from the requirement ``flight prohibited with governor selected
off, with exceptions for inflight system malfunction or emergency
procedures training with an instructor pilot.''
The FAA estimates that 20 helicopters of U.S. registry will be
affected by this AD, that it will take approximately 0.2 work hour per
helicopter to accomplish the actions, and that the average labor rate
is $60 per work hour. Based on these figures, the total cost impact of
the AD on U.S. operators is estimated to be $240.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:
AD 96-11-09 Robinson Helicopter Company: Amendment 39-9634. Docket
No. 95-SW-32-AD.
Applicability: Model R44 helicopters, serial numbers (S/N) 0001
through 0183 and 0189, certificated in any category.
Note 1: This AD applies to each helicopter identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For helicopters that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (c) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition, or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any helicopter from the applicability of this AD.
Compliance: Required within 30 days after the effective date of
this AD, unless accomplished previously.
To minimize the possibility of pilot mismanagement of the main
rotor (M/R) RPM, which could result in M/R stall and subsequent loss
of control of the helicopter, accomplish the following:
(a) Adjust the A569-6 low-RPM warning unit so that the warning
horn and caution light activate when the M/R RPM is between 96% and
97% rotor RPM in accordance with the procedures contained in the
applicable maintenance manual.
(b) Insert page 2-7 of the FAA-approved Robinson Helicopter
Company R44 Rotorcraft Flight Manual, revised July 25, 1995, into
each Model R44 helicopter's flight manual, and make pen-and-ink
changes to page 2-7 to add the word ``inflight'' before ``system
malfunction,'' and change ``and'' to ``or,'' so that the affected
limitation will state ``Flight prohibited with governor selected
off, with exceptions for inflight system malfunction or emergency
procedures training.''
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office, FAA. Operators shall submit their requests through an FAA
Principal Maintenance Inspector, who may concur or comment and then
send it to the Manager, Los Angeles Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles Aircraft Certification Office.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR
[[Page 26429]]
21.197 and 21.199) to operate the helicopter to a location where the
requirements of this AD can be accomplished.
(e) This amendment becomes effective on July 2, 1996.
Issued in Fort Worth, Texas, on May 15, 1996.
Daniel P. Salvano,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 96-13207 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-13206 Airworthiness Directives; Robinson Helicopter Company Model R22 Helicopters
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26429-26431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13206]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-SW-27-AD, Amendment 39-9633; AD 96-11-08]
RIN 2120-AA64
Airworthiness Directives; Robinson Helicopter Company Model R22
Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to Robinson Helicopter Company (Robinson) Model R22
helicopters, that currently requires installing a low-rotor RPM caution
light and resetting the low-RPM warning unit to activate the warning
horn and caution light at 94% to 96% revolutions-per-minute (RPM). This
amendment requires installation of an improved throttle governor; an
adjustment to the low RPM warning unit threshold to increase the RPM at
which the warning horn and caution light activate; and, revisions to
the R22 Rotorcraft Flight Manual that prohibit flight with the improved
throttle governor selected off, except in certain situations. This
amendment is prompted by an FAA Technical Panel review of Model R22
accident history data which revealed that main rotor (M/R) blade stall
at abnormally low M/R RPM resulted in accidents. The actions specified
by this AD are intended to minimize the possibility of pilot
mismanagement of the M/R RPM, which could result in unrecoverable M/R
blade stall and subsequent loss of control of the helicopter.
EFFECTIVE DATE: July 2, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Bumann, Aerospace
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960
Paramount Blvd., Lakewood, California 90712-4137, telephone (310) 627-
5265; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 82-23-51,
Amendment 39-4645, (48 FR 21894, May 16, 1983), which is applicable to
Robinson Helicopter Model R22 helicopters, was published in the Federal
Register on December 14, 1995 (60 FR 64129). That action proposed to
require installation of an improved throttle governor; an adjustment to
the warning unit threshold to increase the RPM at which the warning
horn and caution light activate; and, revisions to the R22 Rotorcraft
Flight Manual.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Discussion of Comments
Eight commenters responded to the NPRM. These commenters are the
National Transportation Safety Board (NTSB), Helicopter Association
International (HAI), Helicopter Association of Australia, Civil
Aviation Safety Authority Australia, the Robinson Helicopter
Association, the manufacturer, and two helicopter operators. Comments
were received on the proposal to increase the threshold of the low
rotor RPM warning unit, the proposal to require installation of the
improved throttle governor, the proposal to limit operations with the
governor selected off, and proposed Rotorcraft Flight Manual (RFM)
changes and other general comments. The commenters' positions and the
FAA response to each of these positions are summarized as follows:
Increase in Threshold of Warning Unit
Three commenters support and no commenters object to the proposal
to increase the low rotor RPM warning unit horn and caution light
threshold from 951% RPM to between 96% and 97% RPM.
Therefore, the proposal is adopted as proposed.
Installation of Improved Throttle Governor
Three commenters support and five commenters oppose the proposal to
require installation of a throttle governor on all Model R22
helicopters. The two commenters from Australia oppose mandating
installation of a throttle governor and state that although the
throttle governor would reduce pilot workload and enhance public
safety, mandatory installation of the governor is unnecessary since no
conclusive evidence exists to indicate that a Model R22 accident in
their country was caused by abnormally low RPM. Therefore, very few
accidents would have been prevented with a governor installed.
Additionally, these two commenters suggest that the FAA allow more time
to determine whether implementation of Special Federal Aviation
Regulation (SFAR 73) on March 27, 1995, mandating awareness training
for low time pilots and special training requirements for flight
instructors, will necessitate any further safety action.
Another commenter states that the improved throttle governor is not
necessary based upon their analysis of the National Transportation
Safety Board (NTSB) accident data for the Model R22 from January 1992
to December 1995. The commenter noted that the overall number of R22
accidents declined with the implementation of SFAR 73 and the issuance
of Airworthiness Directive 95-11-09, effective July 14, 1995,
prohibiting low ``g'' maneuvers.
Another commenter states that recent accident statistics show that
no R22 accident in 1995 could be attributed to low rotor RPM. The
commenter states that the awareness training has had a positive effect
and that mechanical solutions should be deleted or put on hold until
evidence is available which indicates that the proposed changes are
necessary.
A fifth commenter states that the proposal to require installation
of the improved throttle governor may not increase safety in any way
and may cause additional accidents since some low time pilots may
become too reliant on the governor and not realize other difficulties
such as carburetor icing.
The FAA does not concur. Although accident data presented indicates
that low rotor stall due to improper throttle management has not
resulted in recent R22 accidents, several of the 31 fatal accidents in
the period from 1981 to the present involving main rotor to fuselage
contact have exhibited signs of low rotor stall due to low rotor RPM.
Accident records provided by the NTSB indicate that there were 33 non-
fatal accidents in a 10 year period, from June 1985 to June 1995, in
which failure to maintain rotor RPM was a casual factor. These
accidents all resulted in at least substantial damage to the airframe.
The FAA's recently completed study indicates that the potential exists
for these types of accidents due to throttle mismanagement.
Installation of the improved throttle governor will reduce the
possibility of throttle mismanagement.
Even with the improved training, as stipulated in SFAR 73, the
possibility of M/R stall due to throttle mismanagement still exists.
The current
[[Page 26430]]
R22 fleet consists of helicopters that have no governors, and that have
either throttle/collective governors or throttle governors. The FAA
considers issuance of this AD to be necessary due to the different
operating characteristics and associated safety implications of this
mixed fleet, particularly in the training environment. The differences
in flight operating characteristics between the governor configurations
are significant and could cause confusion and an unsafe condition for
students and low-time pilots, especially while operating in adverse
flying conditions. Based on these safety concerns, the proposal to
install or upgrade, as appropriate, a governor on the Model R22
helicopters is adopted as proposed.
Another commenter, although supportive of the proposal to require a
throttle governor, states that installation of a governor caution light
should be mandatory to indicate governor failure.
The FAA does not concur. A governor caution light is not necessary
since the main rotor RPM gage and low rotor RPM warning horn and light
should provide sufficient information to the pilot to indicate that a
governor failure has occurred. This suggestion is beyond the scope of
the proposal, is unecessary, and is not adopted.
Operations With the Governor Selected Off
One commenter supports the proposed rule to prohibit flight with
the throttle governor selected off, except for system malfunction and
emergency procedures training with an instructor pilot. Three
commenters oppose this action.
Two commenters state that pilots should be allowed to operate
without the throttle governor during all dual training operations with
a qualified helicopter flight instructor to ensure the continuing
acceptance of the R22 helicopter as a generic piston helicopter
trainer.
The FAA does not concur. The FAA considers flight with the governor
off to be emergency procedures training and disagrees that the governor
should remain off during all flight with a qualified flight instructor
to support training for flight in other piston helicopters.
One commenter states that the proposed action is too restrictive
and may have a negative impact on safety in that it precludes low-time
pilots from continuing to reinforce their training through hands-on
flying.
The FAA does not concur. The proposed action does not preclude a
low time pilot from practicing flight with the governor selected off
when that pilot is with an instructor. Therefore, there is still the
opportunity to continue to reinforce flight training with the governor
selected off.
RFM Changes and Other General Comments
The manufacturer comments that the R22 Rotorcraft Flight Manual
(RFM) requires the governor be selected off for autorotations. It
further states that a high time experienced pilot should be able to
practice autorotations without an instructor.
The FAA concurs. Pilots should be able to reinforce their training
by practicing maneuvers in which they have already demonstrated
proficiency. Persons who have received an endorsement from a certified
flight instructor to act as a pilot in command of a Robinson R22
helicopter should be allowed to practice emergency procedures training
without the assistance of a flight instructor. This final rule is
revised to require the Flight and Maneuver Limitations section of the
R22 RFM to read ``Flight prohibited with governor selected off, with
exceptions for inflight system malfunction or emergency procedures
training.''
The manufacturer states that the cost estimate in the proposal is
$1,000,000 too high, since only one-half of the 1, 014 helicopters will
require the complete governor at a cost of $2,150 per helicopter.
The costs stated in the proposal are estimates. Since it is unknown
how many Model R22's will require the upgrade to the throttle/
collective governor, there are no data to support a change and
therefore the estimated total cost in the proposal will remain
unchanged.
The manufacturer also states that the reference to the July 6, 1995
date, the revision date of the Rotorcraft Flight Manual (RFM), in
paragraph (d) of the NPRM should be omitted. Additionally, the
manufacturer states that the requirement to add page 2-2 to the FAA
approved R22 RFM is not appropriate since it is already in the earlier
revision to the RFM and is not related to the proposed actions.
The FAA concurs. Changes to page 2-2 of the FAA approved RFM,
revised July 6, 1995, do not pertain to the actions of this AD.
Therefore, the reference to page 2-2 of the RFM is omitted in this
final rule. Also, since the proposal indicated that page 2-7 would be
inserted into the RFM, it was necessary to state the revision date,
July 6, 1995, of that change. However, this final rule only requires
that a specific statement be inserted into the Flight and Maneuver
Limitations section of the RFM and not that the manufacturer centss
specific revised page be inserted into the RFM; hence, the revision
date of July 6, 1995 is no longer needed. Therefore, with the exception
of omitting the reference to page 2-2 and reorganization of the
requirement to add a statement to the Flight and Maneuver Limitations
section of the RFM, this action is adopted as proposed.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rules as proposed except for
revisions to paragraph (d) to delete the words ``with an instructor
pilot'' from the requirement ``flight prohibited with governor selected
off, with exceptions for inflight system malfunction or emergency
procedures training with an instructor pilot,'' deletion of page 2-2 as
referenced, and deletion of the reference to page 2-7.
The FAA estimates that 1,014 helicopters of U.S. registry will be
affected by this AD, that it will take approximately 8 work hours to
install the improved throttle governor, or 7 hours to upgrade the
throttle/collective governor, and approximately 0.2 work hour to
accomplish the adjustment of the light/warning horn RPM, and that the
average labor rate is $60 per work hour. Required parts will cost
approximately $2,150 per helicopter to install the improved throttle
governor, or approximately $500 for upgrading the throttle/collective
governor per helicopter. Based on these figures, the total cost impact
of the AD on U.S. operators is estimated to be $2,678,988. This cost
estimate assumes that no helicopters are currently equipped with a
governor and all will need the improved throttle governor installed.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities
[[Page 26431]]
under the criteria of the Regulatory Flexibility Act. A final
evaluation has been prepared for this action and it is contained in the
Rules Docket. A copy of it may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Amendment 39-4645 (48 FR
21894, May 16, 1983), and by adding a new airworthiness directive (AD),
Amendment 39-9633, to read as follows:
AD 96-11-08 Robinson Helicopter Company: Amendment 39-9633. Docket
No. 95-SW-27-AD. Supersedes AD 82-23-51, Amendment 39-4645.
Applicability: Model R22 helicopters, serial numbers (S/N) 0002
to 2537, certificated in any category.
Note 1: This AD applies to each helicopter identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For helicopters that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (e) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition, or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any helicopter from the applicability of this AD.
Compliance: Required within 30 days after the effective date of
this AD, unless accomplished previously.
To minimize the possibility of pilot mismanagement of the main
rotor (M/R) revolutions-per-minute (RPM), which could result in
unrecoverable M/R blade stall and subsequent loss of control of the
helicopter, accomplish the following:
(a) Adjust the A569-1 or -5 low-RPM warning unit so that the
warning horn and caution light activate when the M/R RPM is between
96% and 97% rotor RPM in accordance with the procedures contained in
the Model R22 maintenance manual.
(b) For Model R22 helicopters that do not have a governor
currently installed, install a Robinson Helicopter Company KI-67-2
Governor Field Installation Kit in accordance with the kit
instructions.
(c) For Model R22 helicopters that have a throttle/collective
governor currently installed, upgrade the governor with a Robinson
Helicopter Company KI-67-3 Governor Upgrade Kit in accordance with
the kit instructions.
(d) Upon accomplishment of paragraphs (b) or (c) of this AD,
revise the FAA-approved Robinson Helicopter Company R22 Rotorcraft
Flight Manual (RFM) to include the following statement in the Flight
and Maneuver Limitations section. This may be accomplished by
inserting a copy of this AD into the RFM.
``Flight prohibited with governor selected off, with exceptions
for inflight system malfunction or emergency procedures training.''
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office, FAA. Operators shall submit their requests through FAA
Principal Maintenance Inspectors, who may concur or comment and then
send it to the Manager, Los Angeles Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles Aircraft Certification Office.
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the helicopter to a location where
the requirements of this AD can be accomplished.
Issued in Fort Worth, Texas, on May 15, 1996.
Daniel P. Salvano,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 96-13206 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-13099 Vessel Traffic Services (VTS)
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26464-26466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13099]
-----------------------------------------------------------------------
[[Page 26465]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 80
[WT Docket No. 95-132; FCC 96-201]
Vessel Traffic Services (VTS)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is adding Sault Ste. Marie, Michigan; San
Francisco, California; and Morgan City, Louisiana to the United States
Coast Guard (Coast Guard) designated radio protection areas for
mandatory VTS and establishing marine VHF Channel 12 as the VTS
frequency for Sault Ste. Marie, Michigan; San Francisco, California;
and Channel 11 as the VTS frequency for Morgan City, Louisiana. This
action is in response to a request from the Coast Guard. The
designation of Sault Ste. Marie, Michigan; San Francisco, California;
and Morgan City, Louisiana as a VTS areas will allow the Coast Guard to
manage vessel traffic in a more efficient manner.
EFFECTIVE DATE: June 27, 1996.
FOR FURTHER INFORMATION CONTACT: James Shaffer, (202) 418-0680,
Wireless Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 95-201, adopted May 1, 1996, and released May 9, 1996.
The full text of this Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
239, 1919 M Street, N.W., Washington, D.C. The complete text may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., 2100 M Street, Suite 140, Washington, D.C.
20037, telephone (202) 857-3800.
Summary of Report and Order
1. The Coast Guard filed petitions (RM-8500, 8592, 8598), Public
Notice No. 2023 and 2057, requesting that the Commission amend Part 80
of the Rules, 47 CFR Part 80, to add Sault Ste. Marie, Michigan; San
Francisco, California; and Morgan City, Louisiana to the Coast Guard
designated radio protection areas for mandatory VTS and establish
marine VHF Channel 12 as the VTS frequency for Sault Ste. Marie,
Michigan; San Francisco, California; and Channel 11 as the VTS
frequency for Morgan City, Louisiana.
2. Under the Ports and Waterways Safety Act of 1972, as amended by
the Port and Tanker Safety Act of 1978 and the Oil Pollution Act of
1990, the Coast Guard may construct, operate, maintain, improve or
expand VTS systems in any port or place under the jurisdiction of the
United States, including the navigable waters of the United States, or
in any area covered by an international agreement negotiated pursuant
to 33 U.S.C. 1230. The Ports and Waterways Safety Act requires certain
designated vessels which operate in a VTS area to utilize and comply
with the VTS. Marine accidents in recent years have underscored the
need for improving safety on the nation's waterways. Moreover, Congress
mandated VTS participation in section 4107 of the Oil Pollution Act ,
33 U.S.C. 1223(a)(2). The Coast Guard has amended its VTS regulations
to make participation in all VTS systems mandatory. A VTS system
instills order and predictability on a waterway by coordinating vessel
movements through the collection, verification, organization, and
dissemination of information.
3. Designating Sault Ste. Marie and Berwick Bay as VTS areas will
allow the Coast Guard to manage vessel traffic in those areas more
efficiently and will help protect the marine environment by preventing
vessel collisions and groundings. Therefore, we are adding Sault Ste.
Marie and Berwick Bay to the Commission's list of designated radio
protection areas for VTS systems specified in Section 80.383. The radio
protection area for Sault Ste. Marie will be defined as ``The rectangle
between North latitudes 45 degrees and 47 degrees, and West longitudes
83 degrees and 85 degrees.'' The radio protection area for Berwick Bay
will be defined as ``The rectangle between North latitudes 28 degrees
30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50
minutes and 92 degrees.'' This area is part of the New Orleans VTS
which discontinued operations on July 30, 1988, due to budgetary
constraints.
4. We also designate Channel 12 (156.600 MHz) as a second radio
frequency for use within the San Francisco VTS radio protection area.
The density of vessel traffic in the San Francisco Bay, which includes
numerous recreational boats, ferries and commercial fishing boats,
severely constrains the ability of large vessels to maneuver in the
event of an emergency. The Coast Guard states that with mandatory
participation, the current VTS channel, Channel 14 (156.700 MHz), will
be inadequate to ensure safe and reliable communications in this busy
and environmentally sensitive area. The addition of Channel 12 will
permit increased navigational safety in the area by organizing traffic
flow patterns, reduced meeting, crossing and overtaking situations
between large vessels in tight spaces, and limited vessel speed. We
will permit private coast stations currently authorized on Channel 12
within the San Francisco VTS area to operate until the end of their
current license term on a noninterference basis. The staff will help
affected licensees find suitable alternative channels. No fee will be
charged for affected stations that apply for modification for an
alternative channel before their next renewal.
5. We also amend Section 0.331 to authorize the Chief, Wireless
Telecommunications Bureau to amend the maritime service rules at the
request of the United States Coast Guard to designate radio protection
areas for mandatory VTS and establish marine channels as VTS
frequencies for these areas. This will allow the Commission to expedite
these requests, which will increase safe vessel transit and protect
U.S. waters and associated natural resources from environmental harm.
List of Subjects
47 CFR Part 0
Delegations of authority.
47 CFR Part 80
Communications equipment, Marine safety.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rules Changes
Title 47 of the Code of Federal Regulations, Parts 0 and 80, are
amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.331 is amended by revising paragraph (d) to read as
follows:
Sec. 0.331 Authority delegated.
* * * * *
(d) Authority concerning rulemaking proceedings. The Chief,
Wireless Telecommunications Bureau shall not have the authority to act
upon notices of proposed rulemaking and inquiry, final orders in
rulemaking proceedings and inquiry proceedings, and reports arising
from any of the forgoing except such orders involving ministerial
conforming amendments to rule parts, or orders conforming any of the
applicable rules to formally adopted international conventions or
agreement
[[Page 26466]]
where novel questions of fact, law or policy are not involved. Also,
the addition of new Marine VHF frequency coordination committee(s) to
Sec. 80.514 of this chapter need not be referred to the Commission if
they do not involve novel questions of fact, policy or law, as well as
requests by the United States Coast Guard to designate radio protection
areas for mandatory Vessel Traffic Services (VTS) and establish marine
channels as VTS frequencies for these areas.
PART 80--STATIONS IN THE MARITIME SERVICES
3. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
4. Section 80.383 is amended by revising the entries for 156.550
MHz and 156.600 MHz in the table in paragraph (a) and adding new
paragraphs (b)(7) and (b)(8) to read as follows:
80.383 Vessel Traffic Services (VTS) system frequencies.
* * * * *
(a) * * *
Vessel Traffic Control Frequencies
------------------------------------------------------------------------
Carrier frequencies (MHz) Geographic areas
------------------------------------------------------------------------
* * * * *
156.550................................ New York, New Orleans,\1\
Houston, Prince William
Sound,\3\ Berwick Bay.
156.600................................ New York, New Orleans,\1\
Houston, San Francisco,\3\
Sault Ste. Marie.\3\
* * * * *
------------------------------------------------------------------------
\1\ Until further notice, this frequency is available for use as
permitted by Sec. 80.373(f), notwithstanding the provisions of
footnote 3 that are applicable to the VTS system. Availability is a
result of the closure of the VTS system for the port area of New
Orleans. If the United States Coast Guard re-establishes this system,
the Commission may require operations pursuant to such conditional
licenses for this frequency to cease, or may choose not to renew such
conditional licenses. All licenses for this frequency will be
expressly conditional upon the continued availability of the frequency
for non-VTS use.
* * * * *
\3\ Private coast station licenses for the use of this frequency in this
area will expire at the end of the current license term or five years
after the adopted date of the final rule, whichever comes first.
Continued use until expiration must be on a noninterference basis to
Coast Guard VTS communications.
(b) * * *
(7) Sault Ste. Marie. The rectangle between North latitudes 45
degrees and 47 degrees, and West longitudes 83 degrees and 85 degrees.
(8) Berwick Bay. The rectangle between North latitudes 28 degrees
30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50
minutes and 92 degrees.
* * * * *
[FR Doc. 96-13099 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-13063 Airworthiness Directives; Jetstream Aircraft Limited Jetstream Models 3101 and 3201 Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13063]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-07-AD; Amendment 39-9593; AD 96-09-17]
RIN 2120--AA64
Airworthiness Directives; Jetstream Aircraft Limited Jetstream
Models 3101 and 3201 Airplanes; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-17 concerning all Jetstream Aircraft Limited (Jetstream) Models
3101 and 3201 airplanes, which published in the Federal Register on May
7, 1996 (61 FR 20644). That publication incorrectly references a cue
for the pilot or crew member in severe icing conditions. The AD
currently requires the pilot to follow certain visual cues during
flight in icing conditions and the second of these cues requires the
pilot to look at the lower surface of the wing. The word ``lower'' is
wrong in the second cue. The intent of the AD in paragraph (a)(1),
first bullet, second cue, is to require the pilot or crew member to
look at the ``upper'' surface of the wing. This action corrects the AD
to reflect this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-17, Amendment 39-9593 (61 FR
20644, May 7, 1996), which applies to Jetstream Models 3101 and 3201
airplanes. This AD requires a revision in the Airplane Flight Manual
(AFM) by incorporating a warning into the Limitations Section of the
AFM. Within this warning (in the first bulleted paragraph) are cues for
the pilot to follow during flight in severe icing conditions. The
second cue references accumulation of ice on the lower surface of the
wing aft of the protected area.
Need for the Correction
The AD incorrectly references the ``* * *lower surface of the wing*
* *'' instead of the upper surface of the wing. Jetstream Models 3101
and 3201 airplanes are designed with the wings sitting low on the body
of the airplane, which would not allow the pilot to visually check the
lower surface of the wings on the airplane during flight without
exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20644), of
Amendment 39-9593; AD 96-09-17, which was the subject of FR Doc. 96-
10727, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20646, in the first column, Sec. 39.13, paragraph (a)(1) of
the AD, line 26 from the top of the column, correct ``--Accumulation of
ice on the lower surface'' to read ``--Accumulation of ice on the upper
surface''.
Action is taken herein to clarify this requirement of AD 96-09-17
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13). The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13063 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13062 Airworthiness Directives; Fairchild Aircraft SA226 and SA227 Series Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26424-26425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13062]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-06-AD; Amendment 39-9592; AD 96-09-16]
RIN 2120--AA64
Airworthiness Directives; Fairchild Aircraft SA226 and SA227
Series Airplanes; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-16 concerning all Fairchild Aircraft (Fairchild) SA226 and SA227
series airplanes, which published in the Federal Register on May 7,
1996 (61 FR 20643). That publication incorrectly references a cue for
the pilot or crew member in severe icing conditions. The AD currently
requires the pilot to follow certain visual cues during flight in icing
conditions and the second of these cues requires the pilot to look at
the lower surface of the wing. The word ``lower'' is wrong in the
second cue. The intent of the AD in paragraph (a)(1), first bullet,
second cue, is to require the pilot or crew member to look at the
``upper''surface of the wing. This action corrects the AD to reflect
this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426- 6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-16, Amendment 39-9592 (61 FR
20643, May 7, 1996), which applies to Fairchild SA226 and SA227 series
airplanes. This AD requires a revision in the Airplane Flight Manual
(AFM) by incorporating a warning into the Limitations Section of the
AFM. Within this warning (in the first bulleted paragraph) are cues for
the pilot to follow during flight in severe icing conditions. The
second cue references accumulation of ice on the lower surface of the
wing aft of the protected area.
[[Page 26425]]
Need for the Correction
The AD incorrectly references the ``* * * lower surface of the wing
* * *'' instead of the upper surface of the wing. Fairchild SA226 and
SA227 series airplanes are designed with the wings sitting low on the
body of the airplane, which would not allow the pilot to visually check
the lower surface of the wings on the airplane during flight without
exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20643), of
Amendment 39-9592; AD 96-09-16, which was the subject of FR Doc. 96-
10724, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20644, in the second column, Sec. 39.13, paragraph (a)(1)
of the AD, line 20 from the top of the column, correct ``--Accumulation
of ice on the lower surface'' to read ``--Accumulation of ice on the
upper surface''.
Action is taken herein to clarify this requirement of AD 96-09-16
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13062 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13061 Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26425-26426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13061]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-05-AD; Amendment 39-9591; AD 96-09-15]
RIN 2120--AA64
Airworthiness Directives; Cessna Aircraft Company Models 208 and
208B Airplanes; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-15 concerning all Cessna Aircraft Company (Cessna) Models 208 and
208B airplanes, which was published in the Federal Register on May 7,
1996 (61 FR 20641). That publication incorrectly references a cue for
the pilot or crew member in severe icing conditions. The AD currently
requires the pilot to follow certain visual cues during flight in icing
conditions and the second of these cues requires the pilot to look at
the upper surface of the wing. The word ``upper'' is wrong in the
second cue. The intent of the AD in paragraph (a) (1), first bullet,
second cue, is to require the pilot or crew member to look at the
``lower'' surface of the wing. This action corrects the AD to reflect
this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-15, Amendment 39-9591 (61 FR
20641, May 7, 1996), which applies to all Cessna Models 208 and 208B
airplanes. This AD requires a revision in the Airplane Flight Manual
(AFM) by incorporating a warning into the Limitations Section of the
AFM. Within this warning (in the first bulleted paragraph) are cues for
the pilot to follow during flight in severe icing conditions. The
second cue references accumulation of ice on the upper surface of the
wing aft of the protected area.
[[Page 26426]]
Need for the Correction
The AD incorrectly references the ``. . . upper surface of the
wing. . .'' instead of the lower surface of the wing. Cessna Models 208
and 208B airplanes are designed with the wings sitting high on the body
of the airplane, which would not allow the pilot to visually check the
upper surface of the wings on the airplane during flight without
exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20641), of
Amendment 39-9591; AD 96-09-15, which was the subject of FR Doc. 96-
10729, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20642, in the third column, Sec. 39.13, paragraph (a)(1) of
the AD, line 15 from the top of the column, correct ``--Accumulation of
ice on the upper surface'' to read ``--Accumulation of ice on the lower
surface''.
Action is taken herein to clarify this requirement of AD 96-09-15
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13061 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13060 Airworthiness Directives; Dornier 228 Series Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13060]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-04-AD; Amendment 39-9590; AD 96-09-14]
RIN 2120-AA64
Airworthiness Directives; Dornier 228 Series Airplanes;
Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-14 concerning all Dornier 228 series airplanes, which was
published in the Federal Register on May 7, 1996 (61 FR 20639). That
publication incorrectly references a cue for the pilot or crew member
in severe icing conditions. The AD currently requires the pilot to
follow certain visual cues during flight in icing conditions and the
second of these cues requires the pilot to look at the upper surface of
the wing. The word ``upper'' is wrong in the second cue. The intent of
the AD in paragraph (a)(1), first bullet, second cue, is to require the
pilot or crew member to look at the ``lower'' surface of the wing. This
action corrects the AD to reflect this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-14, Amendment 39-9590 (61 FR
20639, May 7, 1996), which applies to all Dornier 228 series airplanes.
This AD requires a revision in the Airplane Flight Manual (AFM) by
incorporating a warning into the Limitations Section of the AFM. Within
this warning (in the first bulleted paragraph) are cues for the pilot
to follow during flight in severe icing conditions. The second cue
references accumulation of ice on the upper surface of the wing aft of
the protected area.
Need for the Correction
The AD incorrectly references the ``* * * upper surface of the wing
* * *'' instead of the lower surface of the wing. Dornier 228 series
airplanes are designed with the wings sitting high on the body of the
airplane, which would not allow the pilot to visually check the upper
surface of the wings on the airplane during flight without exiting the
airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20639), of
Amendment 39-9590; AD 96-09-14, which was the subject of FR Doc. 96-
10722, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20641, in the first column, Sec. 39.13, paragraph (a)(1) of
the AD, line 12 from the top of the column, correct ``--Accumulation of
ice on the upper surface'' to read ``--Accumulation of ice on the lower
surface''.
Action is taken herein to clarify this requirement of AD 96-09-14
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13060 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13059 Airworthiness Directives; Beech Aircraft Corporation Models 99, 99A, A99A, B99, C99, B200, B200C, 1900, 1900C, and 1900D Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26426-26427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13059]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-03-AD; Amendment 39-9589; AD 96-09-13]
RIN 2120--AA64
Airworthiness Directives; Beech Aircraft Corporation Models 99,
99A, A99A, B99, C99, B200, B200C, 1900, 1900C, and 1900D Airplanes;
Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-13 concerning Beech Aircraft Corporation (Beech) Models 99, 99A,
A99A, B99, C99, B200, B200C, 1900, 1900C, and 1900D airplanes, which
published in the Federal Register on May 7, 1996 (61 FR 20638). That
publication incorrectly references a cue for the pilot or crew member
in severe icing conditions. The AD currently requires the pilot to
follow certain visual cues during flight in icing conditions and the
second of these cues requires the pilot to look at the lower surface of
the wing. The word ``lower'' is wrong in the second cue. The intent of
the AD in paragraph (a)(1), first bullet, second cue, is to require the
pilot or crew member to look at the ``upper'' surface of the wing. This
action corrects the AD to reflect this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-13, Amendment 39-9589 (61 FR
20638, May 7, 1996), which applies to Beech Models 99, 99A, A99A, B99,
C99, B200, B200C, 1900, 1900C, and 1900D airplanes. This AD requires a
revision in the Airplane Flight Manual (AFM) by incorporating a warning
into the Limitations Section of the AFM. Within this warning (in the
first bulleted paragraph) are cues for the pilot to follow during
flight in severe icing conditions. The second cue references
[[Page 26427]]
accumulation of ice on the lower surface of the wing aft of the
protected area.
Need for the Correction
The AD incorrectly references the ``* * * lower surface of the wing
* * *'' instead of the upper surface of the wing. Beech Models 99, 99A,
A99A, B99, C99, B200, B200C, 1900, 1900C, and 1900D airplanes are
designed with the wings sitting low on the body of the airplane, which
would not allow the pilot to visually check the lower surface of the
airplane during flight without exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20638), of
Amendment 39-9589; AD 96-09-13, which was the subject of FR Doc. 96-
10723, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20639, in the second column, Sec. 39.13, paragraph (a)(1)
of the AD, line 10 from the top of the column, correct ``--Accumulation
of ice on the lower surface'' to read ``--Accumulation of ice on the
upper surface''.
Action is taken herein to clarify this requirement of AD 96-09-13
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13059 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13058 Airworthiness Directives; Empresa Brasileiro de Aeronautico, S.A. Models EMB-110P1 and EMB-110P2 Airplanes; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13058]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-02-AD; Amendment 39-9588; AD 96-09-12]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileiro de Aeronautico, S.A.
Models EMB-110P1 and EMB-110P2 Airplanes; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-12 concerning Empresa Brasileiro de Aeronautico, S.A. (EMBRAER)
Models EMB-110P1 and EMB-110P2 airplanes, which published in the
Federal Register on May 7, 1996 (61 FR 20636). That publication
incorrectly references a cue for the pilot or crew member in severe
icing conditions. The AD currently requires the pilot to follow certain
visual cues during flight in icing conditions and the second of these
cues requires the pilot to look at the lower surface of the wing. The
word ``lower'' is wrong in the second cue. The intent of the AD in
paragraph (a)(1), first bullet, second cue, is to require the pilot or
crew member to look at the ``upper'' surface of the wing. This action
corrects the AD to reflect this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-12, Amendment 39-9588 (61 FR
20636, May 7, 1996), which applies to EMBRAER Models EMB-110P1 and EMB-
110P2 airplanes. This AD requires a revision in the Airplane Flight
Manual (AFM) by incorporating a warning into the Limitations Section of
the AFM. Within this warning (in the first bulleted paragraph) are cues
for the pilot to follow during flight in severe icing conditions. The
second cue references accumulation of ice on the lower surface of the
wing aft of the protected area.
Need for the Correction
The AD incorrectly references the ``* * * lower surface of the wing
* * *'' instead of the upper surface of the wing. The EMBRAER Models
EMB-110P1 and EMB-110P2 airplanes are designed with the wings sitting
low on the body of the airplane, which would not allow the pilot to
visually check the lower surface of the airplane during flight without
exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20636), of
Amendment 39-9588; AD 96-09-12, which was the subject of FR Doc. 96-
10725, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20637, in the second column, Sec. 39.13, paragraph (a) (1)
of the AD, the second to the last line from the bottom of the column,
correct ``--Accumulation of ice on the lower surface'' to read ``--
Accumulation of ice on the upper surface''.
Action is taken herein to clarify this requirement of AD 96-09-12
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri, on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13058 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13057 Airworthiness Directives; de Havilland, Inc. DHC-6 Series Airplane; Correction
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13057]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-01-AD; Amendment 39-9587; AD 96-09-11]
RIN 2120--AA64
Airworthiness Directives; de Havilland, Inc. DHC-6 Series
Airplane; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This action makes a correction to Airworthiness Directive (AD)
96-09-11 concerning de Havilland DHC-6 series airplanes, which was
published in the Federal Register on May 7, 1996 (61 FR 20616). That
publication incorrectly references a cue for the pilot or crew member
in severe icing conditions. The AD currently requires the pilot to
follow certain visual cues during flight in icing conditions and the
second of these cues requires the pilot to look at the upper surface of
the wing. The word ``upper'' is wrong in the second cue. The intent of
the AD in paragraph (a) (1), first bullet, second cue, is to require
the pilot or crew member look at the ``lower'' surface of the wing.
This action corrects the AD to reflect this change.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION: On May 7, 1996, the Federal Aviation
Administration (FAA) issued AD 96-09-11, Amendment 39-9587 (61 FR
20616, May 7, 1996), which applies to de Havilland DHC-6 series
airplanes. This AD requires a revision in the Airplane Flight Manual
(AFM) by incorporating a warning into the Limitations Section of the
AFM. Within this warning (in the first bullet paragraph) are cues for
the pilot to follow during flight in severe icing conditions. The
second cue references accumulation of ice on the upper surface of the
wing aft of the protected area.
Need for the Correction
The AD incorrectly references the ``upper surface of the wing''
instead of the lower surface of the wing. The de Havilland DHC-6 series
airplanes are designed with the wings sitting high on the body of the
airplane, which would not allow the pilot to visually check the upper
surface of the airplane during flight without exiting the airplane.
Correction of Publication
Accordingly, the publication of May 7, 1996 (61 FR 20616), of
Amendment 39-9587; AD 96-09-11, which was the subject of FR Doc. 96-
10728, is corrected as follows:
Sec. 39.13 [Corrected]
On page 20635, in the third column, Sec. 39.13, paragraph (a) (1)
of the AD, the 19th line from the bottom of the column, correct ``--
Accumulation of ice on the upper surface'' to read ``--Accumulation of
ice on the lower surface''.
Action is taken herein to clarify this requirement of AD 96-09-11
and to add this AD correction to Sec. 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The effective date remains June 11, 1996.
Issued in Kansas City, Missouri on May 17, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-13057 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26670-26728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12942]
[[Page 26669]]
_______________________________________________________________________
Part III
Federal Communications Commission
_______________________________________________________________________
47 CFR Part 1 et al.
Terrestrial Microwave Fixed Radio Services; Final Rule
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules
and Regulations
[[Page 26670]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 21, 94, and 101
[WT Docket No. 94-148, FCC 96-51]
Terrestrial Microwave Fixed Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has adopted a Report and Order to establish
regulations governing the Terrestrial Microwave Fixed Radio Services
and implement section 403(j) of the Telecommunications Act of 1996.
These amendments streamline the Commission's rules, expedite processing
of authorizations for the Terrestrial Microwave Fixed Radio Services,
and clarify rules concerning the Terrestrial Microwave Fixed Radio
Services.
EFFECTIVE DATE: These regulations are effective August 1, 1996.
FOR FURTHER INFORMATION CONTACT: Robert James of the Wireless
Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted February 8, 1996, and released February 29, 1996.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 239,
1919 M Street, NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street, NW., Suite 140, Washington, DC 20037.
Summary of Report and Order
1. In this action, the Commission created one comprehensive new
rule part for the microwave services and eliminated undue regulatory
burdens resulting in significant benefits for both the public and the
Commission. We reorganized and amended parts 21 and 94 of the rules to
establish a new part 101. We anticipate that the new consolidated part
101 will result in a number of major benefits. First, the public will
benefit from simplified and streamlined rules. Second, both the public
and the Commission will benefit from reduced regulatory burdens. Third,
the new rules will encourage more efficient use of microwave spectrum
by permitting more intensive use of microwave equipment. Fourth, common
technical standards for common carrier and private operational fixed
microwave equipment will lead to economics of scale in microwave
equipment production and lower equipment prices to licensees. The new
consolidated part 101 will eliminate arbitrary distinction and further
regulatory symmetry between common carrier and private operational
fixed microwave services.
2. Section 403(j) of the 1996 Telecommunications Act amends section
309(b) of the Communications Act by removing the requirement that the
Commission delay granting an application for a private fixed point-to-
point microwave station until thirty days after the Commission issues a
public notice announcing that it has accepted the application for
filing. This Report and Order deletes Sec. 1.962(a) of its rules, 47
CFR 1.962(a), to reflect this statutory change.
3. These new rules reflect a comprehensive restructuring in the
regulatory requirements and policies of the fixed microwave services.
The streamlined and simplified rules, reduce regulatory burdens,
encourage more efficient use of the microwave spectrum, and foster
economies of scale in microwave equipment production. These rules will
allow licensees to compete more on price and quality of service rather
than on regulatory gamesmanship.
4. The rules are set forth below.
5. This Report and Order is issued under the authority of sections
4(i) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i) and 303(r).
6. Need and purpose of this action. This Report and Order
simplifies the rules for the common carrier and private operational
fixed services, currently contained respectively in parts 21 and 94 of
the Commission's rules, and consolidates those rules into a new part
101. These new rules eliminate unnecessary information collection
requirements, eliminate redundancy, remove obsolete language, and
promote the public interest.
7. Summary of issues raised by the public. Several commenters
suggested modifications to some of the Commission's proposals. As a
result of these comments, we have made modifications to the proposed
rules as appropriate. The specific suggestions and modifications are
discussed in the paragraphs above.
8. Significant alternatives considered. The Notices of Proposed
Rule Making in the two subject proceedings offered numerous proposals.
The commenters overwhelmingly supported the majority of the proposed
rule changes. Several commenters suggested modifications to some of the
Commission's proposals. Many of the suggested modifications are
incorporated in the final rules. The regulatory burdens which we have
retained are necessary to fulfill our duties under the Communications
Act of 1934, as amended. We will continue to examine alternatives in
the future with the objective of eliminating unnecessary regulations
and minimizing economic impact on small business entities.
List of Subjects
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 2
Communications equipment.
47 CFR Part 21
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 94
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Parts 1, 2, 21 and 94 of Chapter I of Title 47 of the Code of
Federal Regulations are amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 303, and 303(j) unless otherwise
noted.
2. Section 1.77 is amended by adding a new paragraph (i) to read as
follows:
Sec. 1.77 Detailed application procedures; cross references.
* * * * *
(i) Rules governing applications for authorizations in the Common
Carrier and Private Radio terrestrial microwave services are set out in
part 101 of this chapter.
3. Section 1.741 is revised to read as follows:
Sec. 1.741 Scope.
The general rules relating to applications contained in Secs. 1.742
through 1.748 apply to all applications filed by carriers except those
filed by public correspondence radio stations
[[Page 26671]]
pursuant to parts 80, 87, and 101 of this chapter, and those filed by
common carriers pursuant to part 25 of this chapter. Parts 21 and 101
of this chapter contain general rules applicable to applications filed
pursuant to these parts. For general rules applicable to applications
filed pursuant to parts 80 and 87 of this chapter, see such parts and
subpart F of this part. For rules applicable to applications filed
pursuant to part 25, see said part.
4. Section 1.761 is revised to read as follows:
Sec. 1.761 Cross reference.
Specific types of applications under Title III of the
Communications Act involving public correspondence radio stations are
specified in parts 23, 80, 87, and 101 of this chapter.
5. Section 1.825 is amended by revising paragraph (b) to read as
follows:
Sec. 1.825 Random selection procedures for Digital Electronic Message
Service.
* * * * *
(b) Petitions to deny applications for digital electronic message
service authorizations, and responsive pleadings, shall be filed prior
to conducting the random selection, pursuant to the requirements of
Sec. 101.43 of this chapter. Following the random selection, petitions
against tentative selectee's applications shall be resolved by the
Commission.
6. Section 1.901 is revised to read as follows:
Sec. 1.901 Scope.
In the case of any conflict between the rules set forth in this
subpart and the rules set forth in part 13 of this chapter or the rules
set forth for specific services in parts 80 through 101 of this
chapter, the rules in this subpart shall govern.
7. Section 1.924 is amended by revising paragraph (b)(2)(ii) to
read as follows:
Sec. 1.924 Assignment or transfer of control, voluntary and
involuntary.
* * * * *
(b)(1) * * *
(2) * * *
(ii) FCC Form 402. For assignment of station authorizations in the
Private Operational Fixed Microwave Service (part 101 of this chapter).
Attached thereto shall be an executed Form 1046 or a signed letter from
proposed assignor stating the assignor's desire to assign the current
authorization in accordance with the rules governing the particular
service involved.
* * * * *
8. Section 1.926 is amended by revising paragraph (a)(6) to read as
follows:
Sec. 1.926 Application for renewal of license.
(a) * * *
(6) Renewal of station authorizations in the Private Operational
Fixed Microwave Service (part 101 of this chapter) shall be submitted
on such form as the Commission may designate by the public notice in
accordance with the provisions of Sec. 101.13 of this chapter.
* * * * *
Sec. 1.962 [Amended]
9. Section 1.962 is amended by removing paragraph (a)(1) and
redesignating paragraphs (a)(2) through paragraphs (a)(7) as paragraphs
(a)(1) through (a)(6) respectively.
10. Section 1.972 is amended by revising paragraphs (a)(1) and (c)
to read as follows:
Sec. 1.972 Grants by random selection.
(a) * * *
(1) For stations in the following Private Radio Services:
Part 80--Stations in the Maritime Services
Part 87--Aviation Services
Part 90--Private Land Mobile Services
Part 95--Subpart F--Personal Radio Services
Part 101--Subpart H--Private Operational Fixed Point-to-Point
Microwave Service.
* * * * *
(c) If there are mutually exclusive applications for an initial
license for stations subject to part 80 or part 87 of this chapter, or
if there are more applications for an initial license in part 90, part
95-subpart F, or part 101- subpart H of this chapter, than can be
accommodated on available frequencies, the Commission may process the
applications pursuant to a system of random selection. Each such random
selection shall be conducted pursuant to an order issued by the
Wireless Telecommunications Bureau and under the direction of the Chief
of the Bureau.
* * * * *
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: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307,
unless otherwise noted.
2. Section 2.995 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 2.995 Measurements required: Frequency stability.
(a) * * *
(2) From -20 deg. to +50 deg. centigrade for equipment to be
licensed for use in the Maritime Services under part 80 of this
chapter, except Class A, B, and S Emergency Position Indicating
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952
MHz at operational fixed stations in all services, stations in the
Local Television Transmission Service and Point-to-Point Microwave
Radio Service under part 101 of this chapter, and equipment licensed
for use aboard aircraft in the Aviation Services under part 87 of this
chapter.
* * * * *
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
314, 403, 404, 410, 602; 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.2 is revised to read as follows:
Sec. 21.2 Definitions.
As used in this part:
Antenna power gain. The square of the ratio of the root-mean-square
free space field intensity produced at one mile in the horizontal
plane, in millivolts per meter for one kilowatt antenna input power to
137.6 mV/m. This ratio should be expressed in decibels (dB). (If
specified for a particular direction, antenna power gain is based on
the field strength in that direction only.)
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structures. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The centre of the frequency band assigned to a
station.
Authorized bandwidth. The maximum width of the band of frequencies
permitted to be used by a station. This is normally considered to be
the necessary or occupied bandwidth, whichever is greater.
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Bandwidth occupied by an emission. The band of frequencies
comprising 99
[[Page 26672]]
percent of the total radiated power extended to include any discrete
frequency on which the power is at least 0.25 percent of the total
radiated power.
Basic Trading Area (BTA). The geographic areas by which the
Multipoint Distribution Service is licensed. BTA boundaries are based
on the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd
Edition, pp. 36-39, and include six additional BTA-like areas as
specified in Sec. 21.924(b).
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
BTA authorization holder. The individual or entity authorized by
the Commission to provide Multipoint Distribution Service to the
population of a BTA.
BTA service area. The area within the boundaries of a BTA to which
a BTA authorization holder may provide Multipoint Distribution Service.
This area excludes the protected service areas of incumbent MDS
stations and previously proposed and authorized ITFS facilities,
including registered receive sites.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. A control point is an operating position at which an
operator responsible for the operation of the transmitter is stationed
and which is under the control and supervision of the licensee.
Control station. A fixed station whose transmissions are used to
control automatically the emissions or operations of another radio
station at a specified location, or to transmit automatically to an
alarm center telemetering information relative to the operation of such
station.
Coordination distance. For the purpose of this part, the expression
``coordination distance'' means the distance from an earth station,
within which there is a possibility of the use of a given transmitting
frequency at this earth station causing harmful interference to
stations in the fixed or mobile service, sharing the same band, or of
the use of a given frequency for reception at this earth station
receiving harmful interference from such stations in the fixed or
mobile service.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g. one
consisting of coded pulses or states.
Domestic fixed public service. A fixed service, the stations of
which are open to public correspondence, for radiocommunications
originating and terminating solely at points all of which lie within:
(a) The State of Alaska;
(b) The State of Hawaii;
(c) The contiguous 48 States and the District of Columbia; or
(d) A single possession of the United States. Generally, in cases
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District
of Columbia) and Canada or Mexico, or radiocommunications between the
State of Alaska and Canada, are deemed to be in the domestic fixed
public service.
Domestic public radio services. The land mobile and domestic fixed
public services the stations which are open to public correspondence.
Note: Part 80 of this chapter is applicable to the maritime
services and fixed stations associated with the maritime services;
part 87 of this chapter is applicable to aeronautical services.
Earth station. A station located either on the earth's surface or
within the major portion of the earth's atmosphere and intended for
communications:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna. This product may be expressed in
watts or dB above 1 watt (dBW).
Facsimile. A form of telegraphy for the transmission of fixed
images, with or without half-tones, with a view to their reproduction
in a permanent form.
Fixed earth station. An earth station intended to be used at a
specified fixed point.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
centre frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency. The frequency tolerance is expressed as a
percentage or in Hertz.
Harmful interference. Interference which endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radiocommunication
service.
Incumbent. An MDS station that was authorized or proposed before
September 15, 1995, including those stations that are subsequently
modified, renewed or reinstated.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Multichannel multipoint distribution service. Those multipoint
distribution service channels that use the frequency band 2596 MHz to
2644 MHz and associated response channels.
Multipoint distribution service. A one-way domestic public radio
service rendered on microwave frequencies from a fixed station
transmitting (usually in an omnidirectional pattern) to multiple
receiving facilities located at fixed points.
Multipoint distribution service response station. A fixed station
operated at an MDS receive location to provide communications with the
associated station in the Multipoint Distribution Service.
Necessary bandwidth of emission. For a given class of emission, the
width of the frequency band that is just sufficient to ensure the
transmission of information at the rate and with the quality required
under specified conditions.
Note: The necessary bandwidth for an emission may be calculated
using the formulas in Sec. 2.202 of this chapter.
Partitioned service area authorization holder. The individual or
entity authorized by the Commission to
[[Page 26673]]
provide Multipoint Distribution Service to the population of a
partitioned service area.
Partitioned service area (PSA). The area within the coterminous
boundaries of one of more counties or other geopolitical subdivisions,
drawn from a BTA, to which an authorization holder may provide
Multipoint Distribution Service or the area remaining in a BTA upon
partitioning any portion of that BTA. This area excludes the protected
service areas of incumbent MDS stations and previously proposed and
authorized ITFS stations, including registered receive sites.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Public correspondence. Any telecommunication which the offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The term ``rated power output'' of a
transmitter means the normal radio frequency power output capability
(Peak or Average Power) of a transmitter, under optimum conditions of
adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the center of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more
stations and directed to a specified receiver site.
Signal booster station. A low-power repeater station automatically
retransmitting on the same frequency as the received signal, and
located within the protected service area of a Multipoint Distribution
Service station.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Television STL station (studio transmitter link). A fixed station
used for the transmission of television program material and related
communications from a studio to the transmitter of a television
broadcast station.
Sec. 21.3 [Amended]
3. Section 21.3 is amended by removing paragraph (b), and
redesignating paragraph (c) as paragraph (b).
4. Section 21.6 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 21.6 Filing of applications, fees, and numbers of copies.
* * * * *
(b) Applications requiring fees as set forth in part 1, subpart G
of this chapter must be filed in accordance with Sec. 0.401(b) of this
chapter. Applications not requiring fees shall be submitted to: Federal
Communications Commission, Washington, DC 20554.
(c) All correspondence or amendments concerning a submitted
application shall clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved. All correspondence or
amendments concerning a submitted application may be sent directly to
the Mass Media Bureau.
* * * * *
5. Section 21.13 is amended by removing paragraph (f),
redesignating paragraph (g) as paragraph (f), and revising paragraphs
(a)(6) and (b) to read as follows:
Sec. 21.13 General application requirements.
(a) * * *
(6) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
* * * * *
6. Section 21.15 is amended by revising the introductory text, and
paragraphs (c), (d), and (g) to read as follows:
Sec. 21.15 Technical content of applications.
Applications shall contain all technical information required by
the application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F and K as appropriate). The following
paragraphs describe a number of technical requirements.
* * * * *
(c) Each application involving a new or modified transmitting
antenna supporting structure, passive facility, or the addition or
removal of a transmitting antenna, or the repositioning of an
authorized antenna for a station must be accompanied by a vertical
profile sketch of the total structure depicting its structural nature
and clearly indicating the ground elevation (above sea level) at the
structure site, the overall height of the structure above ground
(including obstruction lights when required, lightning rods, etc.) and,
if mounted on a building, its overall height above the building. The
proposed antenna on the structure must be clearly identified and its
height above-ground (measured to the center of radiation) clearly
indicated. Alternatively, applicants in the Multipoint Distribution
Service who filed applications on or after September 15, 1995, may
provide this information in the MDS long-form application.
(d) Each application proposing a new or modified antenna structure
for a station (including a passive repeater or signal booster station)
so as to change its overall height shall indicate whether any necessary
notification of the FAA has been made. Complete information as to rules
concerning the construction, marking and lighting of antenna structures
is contained in part 17 of this chapter. See also Sec. 21.111 if the
structure is used by more than one station.
* * * * *
(g) Applications in the Multipoint Distribution Service filed
before September 15, 1995, proposing a new or replacement antenna
(excluding omni-directional antennas) shall include an antenna
radiation pattern showing the antenna power gain distribution in the
[[Page 26674]]
horizontal plane expressed in decibels, unless such pattern is known to
be on file with the Commission in which case the applicant may
reference in its application the FCC-ID number that indicates that the
pattern is on file with the Commission. Multipoint Distribution Service
applicants who filed applications on or after September 15, 1995 must
provide related information in completing an MDS long-form application.
* * * * *
7. Section 21.20 is amended by revising paragraph (b)(5) to read as
follows:
Sec. 21.20 Defective applications.
* * * * *
(b) * * *
(5) The application does not certify the availability of the
proposed station site.
* * * * *
8. Section 21.23 is amended by removing paragraphs (c)(1) and (d),
redesignating (c)(2) through (c)(7) as paragraphs (c)(1) through
(c)(6), redesignating paragraphs (e) through (g) as paragraphs (d)
through (f), and revising the newly redesignated paragraphs (c)(1)
introductory text, and (d)(1) to read as follows:
Sec. 21.23 Amendment of applications.
* * * * *
(c) * * *
(1) If in the Multipoint Distribution Service, the amendment
results in a substantial modification of the engineering proposal such
as (but not necessarily limited to):
* * * * *
(d) * * *
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 21.902;
* * * * *
Sec. 21.27 [Amended]
9. Section 21.27 is amended by removing paragraph (d).
Sec. 21.31 [Amended]
10. Section 21.31 is amended by removing paragraph (f).
Sec. 21.33 [Amended]
11. Section 21.33 is amended by removing paragraph (a), and
redesignating paragraphs (b) through (d) as paragraphs (a) through (c)
respectively.
12. Section 21.39 is amended by revising paragraph (d)(3) to read
as follows:
Sec. 21.39 Considerations involving transfer or assignment
applications.
* * * * *
(d) * * *
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (c) (1) and (2) of this section) if
the transaction involves two or more stations. (The median date is that
date so selected such that fifty percent of the commencement dates of
the total number of stations, when arranged in chronological order, lie
below it and fifty percent lie above it. When the number of stations is
an even number, the median date will be a value half way between the
two dates closest to the theoretical median).
13. Section 21.41 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 21.41 Special processing of applications for minor facility
modifications.
* * * * *
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Multipoint Distribution Service;
(2) The cumulative effect of all such applications made within any
60 days period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section;
(6) Frequency notification procedures are complied with and a copy
of the application has been served on those who also were served under
Sec. 21.902; and
(7) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density that exceeds -73 dBW/m\2\,
pursuant to Secs. 21.902 and 21.939 at locations on the boundaries of
protected service areas to which there is an unobstructed signal path.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In the Multipoint Distribution Service, any increase in EIRP is
one and one-half dB or less over the previously-authorized power value;
or
(ii) The necessary bandwidth is not increased by more than 10% of
the previously authorized necessary bandwidth.
(2) Changes in the height of an antenna, provided that:
(i) In Multipoint Distribution Service, any increase in antenna
height is less than 3.0 meters above the previously authorized height;
and
(ii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station by
ten seconds or less of latitude, longitude or both, provided that when
notice to the FAA of proposed construction is required by part 17 of
this chapter for antenna structure at the previously authorized
coordinates (or will be required at the new location) the applicant
must comply with the provisions of Sec. 21.15(d).
* * * * *
14. Section 21.42 is amended by removing paragraph (c)(7),
redesignating paragraph (c)(8) as paragraph (c)(7), and revising
paragraphs (a), (b)(1), (b)(4), and (c)(3) to read as follows:
Sec. 21.42 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if:
(1) The replacement equipment is identical (i.e., same manufacturer
and model number) with the replacement equipment; or
(2) The replacement transmitter, transmitting antenna, transmission
line loss and/or devices between the transmitter and antenna, or
combinations of the above, do not change the EIRP of a station in any
direction.
(b) Licensees of fixed stations in the Multipoint Distribution
Service may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) The Multipoint Distribution Service licensee serves a copy of
the notification described in paragraph (b)(3) of this section on those
who were served under Sec. 21.902, and
* * * * *
(4) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density at the protected service area
boundary that
[[Page 26675]]
exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.
(c) * * *
(3) Change to an antenna when the new antenna conforms with
Sec. 21.906 and the EIRP resulting from the new antenna does not exceed
that resulting from the previously authorized antenna by more than one
dB in any direction.
* * * * *
15. Section 21.43 is amended by revising paragraph (a) to read as
follows:
Sec. 21.43 Period of construction; certification of completion of
construction.
(a) Except for Multipoint Distribution Service station licenses
granted to BTA and PSA authorization holders, each license for a radio
station for the services included in this part shall specify as a
condition therein the period during which construction of facilities
will be completed and the station made ready for operation.
Construction may not commence until the grant of a license, and must be
completed by the date specified in the license as the termination date
of the construction period. Except as may be limited by Sec. 21.45(b)
or otherwise determined by the Commission for any particular
application, the maximum construction period for all stations licensed
under this part shall be a maximum of 12 months from the date of the
license grant.
* * * * *
16. Section 21.45 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 21.45 License period.
(a)(1) Licenses for stations in the Multipoint Distribution Service
will be issued for a period not to exceed 10 years, except that
licenses for developmental stations will be issued for a period not to
exceed one year. The expiration date of developmental licenses shall be
one year from the date of the grant thereof. Unless otherwise specified
by the Commission, the expiration of regular licenses shall be on the
following date in the year of expiration.
Multipoint Distribution Service--May 1.
(2) When a license is granted subsequent to the last renewal date
of the class of license involved, the license shall be issued only for
the unexpired period of the current license term of such class.
* * * * *
(c) Upon the expiration or termination of any station license, any
related conditional authorization, which bears a later expiration date,
shall be automatically terminated concurrently with the related station
license, unless it shall have been determined by the Commission that
the public interest, convenience or necessity would be served by
continuing in effect said conditional authorization.
17. Section 21.100 is revised to read as follows:
Sec. 21.100 Frequencies.
The frequencies available for use in the service covered by this
part are listed in subpart K. Assignment of frequencies will be made
only in such a manner as to facilitate the rendition of communication
service on an interference-free basis in each service area. Unless
otherwise indicated, each frequency available for use by stations in
this service will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in this
service shall cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more
radio systems and such interference cannot be resolved between the
licensees thereof, the Commission may, after notice and opportunity for
hearing, require the licensees to make such changes in operating
techniques or equipment as it may deem necessary to avoid such
interference.
18. Section 21.101 is amended by removing paragraph (b),
redesignating paragraph (c) as paragraph (b), and revising paragraph
(a) to read as follows:
Sec. 21.101 Frequency tolerance.
(a) The carrier frequency of each transmitter authorized in these
services shall be maintained within the following percentage of the
reference frequency except as otherwise provided in paragraph (b) of
this section or in the applicable subpart of this part (unless
otherwise specified in the instrument of station authorization the
reference frequency shall be deemed to be the assigned frequency):
------------------------------------------------------------------------
Frequency
tolerance
Frequency range (MHz) for fixed
stations
(percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\..................................... 0.001
2,596 to 2,680 \2\......................................... 0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
equipment pursuant to Secs. 2.803 and 2.805 of this chapter and the
issuance of all authorizations for new radio equipment. Until that
date new equipment may be authorized with a frequency tolerance of
0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
so authorized may continue to be used for its life provided that it
does not cause interference to the operation of any other licensee.
Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
to June 23, 1969, at a tolerance of 0.05 percent may continue to be
used until February 1, 1976 provided it does not cause interference to
the operation of any other licensee.
\2\ Beginning November 1, 1991, equipment authorized to be operated in
the frequency bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-
2668 MHz, and 2674-2680 MHz for use in the Multipoint Distribution
Service shall maintain a frequency tolerance within +1 KHz of the
assigned frequency.
* * * * *
Sec. 21.106 [Amended]
19. Section 21.106 is amended by removing paragraphs (a)(2)(ii),
(a)(3), and (a)(4) and redesignating paragraph (a)(2)(iii) as paragraph
(a)(2)(ii).
20. Section 21.107 is amended by removing paragraph (c) and
revising paragraph (b) to read as follows:
Sec. 21.107 Transmitter power.
* * * * *
(b) The EIRP of a transmitter station employed in this radio
service shall not exceed the values shown in the following tabulation:
------------------------------------------------------------------------
Maximum
allowable
EIRP for a
Frequency range (MHz) fixed
station
(Watts)
------------------------------------------------------------------------
2,150 to 2,162............................................. \1\ 2000
2,596 to 2,680............................................. \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
omnidirectional antenna EIRP up to 7943 Watts may be authorized
pursuant to Sec. 21.904(b) of this Part.
Sec. 21.108 [Removed and reserved]
21. Section 21.108 is removed and reserved.
22. Section 21.109 is amended by revising paragraph (b) to read as
follows:
Sec. 21.109 Antenna and antenna structures.
* * * * *
(b) The Commission may require the replacement, at the licensee's
expense, of any antenna system of a permanent fixed station operating
at 2500 MHz or higher upon a showing that said
[[Page 26676]]
antenna causes or is likely to cause interference to any other
authorized or proposed station.
Sec. 21.114 [Removed and reserved]
23. Section 21.114 is removed and reserved.
Sec. 21.119 [Removed and reserved]
24. Section 21.119 is removed and reserved.
25. Section 21.120 is amended by removing paragraphs (d) and (e),
and revising paragraph (a) to read as follows:
Sec. 21.120 Authorization of transmitters.
(a) Except for transmitters used at developmental stations, each
transmitter shall be a type which has been type accepted by the
Commission for use under the applicable rules of this part.
* * * * *
26. Section 21.122 is amended by revising paragraph (a) and
removing paragraphs (d) and (e), to read as follows:
Sec. 21.122 Microwave digital modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 15 GHz shall, with appropriate multiplex equipment,
comply with the following additional requirement: The bit rate, in bits
per second, shall be equal to or greater than the bandwidth specified
by the emission designator in Hertz (e.g., to be acceptable, equipment
transmitting at a 6 Mb/s rate must not require a bandwidth of greater
than 6 MHz), except the bandwidth used to calculate the minimum rate
shall not include any authorized guard band.
* * * * *
Secs. 21.212-21.214 [Removed]
27. Sections 21.212 through 21.214 are removed.
28. Section 21.303 is amended by revising paragraphs (a), (b), (c)
and (d)(1) to read as follows:
Sec. 21.303 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station
subject to this rule part is involuntarily discontinued, reduced or
impaired for a period exceeding 48 hours, the station licensee shall
promptly give notification thereof in writing to the Mass Media Bureau
at Washington, DC 20554. In every such case, the licensee shall furnish
full particulars as to the reasons for such discontinuance, reduction
or impairment of service, including a statement as to when normal
service is expected to be resumed. When normal service is resumed,
prompt notification thereof shall be given in writing to the Mass Media
Bureau at Washington, DC 20554.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, shall voluntarily discontinue, reduce or
impair public communication service to a community or part of a
community without obtaining prior authorization from the Commission
pursuant to the procedures set forth in part 63 of this chapter or
complying with the requirements set forth at Sec. 21.910. In the event
that permanent discontinuance of service is authorized by the
Commission, the station licensee shall promptly send the station
license for cancellation to the Mass Media Bureau at Washington, DC
20554, except that station licenses need not be surrendered for
cancellation if the discontinuance is a result of a change of status by
a Multipoint Distribution Service licensee from common carrier to non-
common carrier pursuant to Sec. 21.910.
(c) Any station licensee, not subject to title II of the
Communications Act of 1934, as amended, who voluntarily discontinues,
reduces or impairs public communication service to a community or a
part of a community shall give written notification to the Commission
within 7 days thereof. In the event of permanent discontinuance of
service, the station licensee shall promptly send the station license
for cancellation to the Mass Media Bureau at Washington, DC 20554,
except that Multipoint Distribution Service station licenses need not
be surrendered for cancellation if the discontinuance is a result of a
change of status by a Multipoint Distribution Service licensee from
non-common carrier to common carrier.
(d) * * *
(1) Submit for cancellation the station license (or licenses) to
the Commission at Washington, DC 20554.
* * * * *
Secs. 21.500-21.512 (Subpart G) [Removed and reserved]
29. Subpart G of part 21 (21.500 through 21.512) is removed and
reserved.
Secs. 21.700-21.713 (Subpart I) [Removed and reserved]
30. Subpart I of part 21 (21.700 through 21.713) is removed and
reserved.
Secs. 21.800-21.809 (Subpart J) [Removed and reserved]
31. Subpart J of part 21 (21.800 through 21.809) is removed and
reserved.
32. Section 21.901 is amended by revising paragraph (e) to read as
follows:
Sec. 21.901 Frequencies.
* * * * *
(e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz are available for assignment to fixed stations in this
service for a point-to-point return link from a subscriber's location.
Assignments in the 18 GHz band for these return links will be made in
accordance with the provisions of subpart I of part 101 of this
chapter.
* * * * *
33. Section 21.902 is amended by revising paragraph (c)(1)(ii) to
read as follows:
Sec. 21.902 Frequency interference.
* * * * *
(c) * * *
(1) * * *
(ii) if the great circle path between the applicant's proposed
transmitter and the protected service area of any authorized, or
previously-proposed, cochannel or adjacent-channel station(s) is within
241.4 kilometers or less and 90 percent or more of the path is over
water or within 16.1 kilometers of the coast or shoreline of the
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great
Lakes, or any bay associated with any of the above (see Secs. 21.901(a)
and 74.902 of this chapter);
* * * * *
34. Section 21.903 is amended by revising paragraph (a) to read as
follows:
Sec. 21.903 Purpose and permissible service.
(a) Multipoint Distribution Service stations are generally intended
to provide one-way radio transmission (usually in an omnidirectional
pattern) from a stationary transmitter to multiple receiving facilities
located at fixed points. When service is provided on a common carrier
basis, subscriber supplied information is transmitted to points
designated by the subscriber. When service is provided on a non-common
carrier basis, transmissions may include information originated by
persons other than the licensee, licensee- manipulated information
supplied by other persons, or information originated by the licensee.
Point-to-point radio return links from a subscriber's location to a MDS
operator's facilities may be authorized in the 18,580 through 18,820
MHz and 18,920 through 19,160 MHz bands. Rules governing such operation
are contained in subpart I of part 101 of this chapter, the Point-to-
Point Microwave Radio Service.
* * * * *
[[Page 26677]]
PART 94--[REMOVED AND RESERVED]
35. Part 94 is removed and reserved.
36. Part 101 is added to read as follows:
PART 101--FIXED MICROWAVE SERVICES
Subpart A--General
Sec.
101.1 Scope and authority.
101.3 Definitions.
Subpart B--Applications and Licenses
General Filing Requirements
101.4 Transition plan.
101.5 Station authorization required.
101.7 Eligibility for station license.
101.9 Formal and informal applications.
101.11 Filing of applications, fees, and number of copies.
101.13 Application forms and requirements for private operational
fixed stations.
101.15 Application forms for common carrier fixed stations.
101.17 [Reserved]
101.19 General application requirements.
101.21 Technical content of applications.
101.23 Waiver of rules.
101.25 Inconsistent or conflicting applications.
101.27 Repetitious applications.
101.29 Amendment of pending applications.
101.31 Special temporary, temporary, and conditional
authorizations.
101.33 Who may sign applications.
Processing of Applications
101.35 Preliminary processing of applications.
101.37 Public notice period.
101.39 Dismissal and return of applications.
101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.
101.43 Opposition to applications.
101.45 Mutually exclusive applications.
101.47 Consideration of applications.
101.49 Grants by random selection.
101.51 Comparative evaluation of mutually exclusive applications.
License Transfers, Modifications, Conditions and Forfeitures
101.53 Assignment or transfer of station authorization.
101.55 Considerations involving transfer or assignment
applications.
101.57 Modification of station license.
101.59 Processing of applications for facility minor modifications.
101.61 Certain modifications not requiring prior authorization.
101.63 Period of construction; certification of completion of
construction.
101.65 Forfeiture and termination of station authorizations.
101.67 License period.
101.69 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from the
Common Carrier Fixed Point-to-Point Microwave Services and the 1.85-
1.99, 2.13-2.15, and 2.18-2.20 GHz bands from the Private
Operational Fixed Point-to-Point Microwave Service to emerging
technologies.
Subpart C--Technical Standards
101.101 Frequency availability.
101.103 Frequency coordination procedures.
101.105 Interference protection criteria.
101.107 Frequency tolerance.
101.109 Bandwidth.
101.111 Emission limitations.
101.113 Transmitter power limitations.
101.115 Directional antennas.
101.117 Antenna polarization.
101.119 Simultaneous use of common antenna structures.
101.121 Marking of antenna structures.
101.123 Quiet zones.
101.125 Temporary fixed antenna height restrictions.
101.127 Topographical data.
101.129 Transmitter location.
101.131 Transmitter construction and installation.
101.133 Limitations on use of transmitters.
101.135 Shared use of radio stations and the offering of private
carrier service.
101.137 Interconnection of private operational fixed point-to-point
microwave stations.
101.139 Authorization of transmitters.
101.141 Microwave modulation.
101.143 Minimum path length requirements.
101.145 Interference to geostationary-satellites.
101.147 Frequency assignments.
101.149 Special requirements for operation in the band 38,600-
40,000 MHz.
Subpart D--Technical Operation
101.201 Station inspection.
101.203 Communications concerning safety of life and property.
101.205 Operation during emergency.
101.207 Suspension of transmission.
101.209 Operation of stations at temporary fixed locations for
communication between the United States and Canada or Mexico.
101.211 Operator requirements.
101.213 Station identification.
101.215 Posting of station authorization and transmitter
identification cards, plates, or signs.
101.217 Station records.
Subpart E--Miscellaneous Common Carrier Provisions
101.301 National defense; free service.
101.303 Answers to notices of violation.
101.305 Discontinuance, reduction or impairment of service.
101.307 Tariffs, reports, and other material required to be
submitted to the Commission.
101.309 Requirement that licensees respond to official
communications.
101.311 Equal employment opportunities.
Subpart F--Developmental Authorizations
101.401 Eligibility.
101.403 Scope of service.
101.405 Adherence to program of research and development.
101.407 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of
the rules in this part.
101.409 Terms of grant; general limitations.
101.411 Supplementary showing required.
101.413 Developmental report required.
Subpart G--Digital Electronic Message Service
101.501 Eligibility.
101.503 Digital Electronic Message Service Nodal Stations.
101.505 Frequencies.
101.507 Frequency stability.
101.509 Interference protection criteria.
101.511 Purpose and permissible service.
101.513 Transmitter power.
101.515 Emissions and bandwidth.
101.517 Antennas.
101.519 Interconnection.
101.521 Spectrum utilization.
Subpart H--Private Operational Fixed Point-to-Point Microwave Service
101.601 Eligibility.
101.603 Permissible communications.
Subpart I--Common Carrier Fixed Point-to-Point Microwave Service
101.701 Eligibility.
101.703 Permissible communications.
101.705 Renewal of station licenses.
Subpart J--Local Television Transmission Service
101.801 Eligibility.
101.803 Frequencies.
101.805 Assignment of frequencies to mobile stations.
101.807 Transmitter power.
101.809 Bandwidth and emission limitations.
101.811 Modulation requirements.
101.813 Remote control operation of mobile television pickup
stations.
101.815 Stations at temporary fixed locations.
101.817 Notification of station operation at temporary locations.
101.819 Stations affected by coordination contour procedures.
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
Subpart A--General
Sec. 101.1 Scope and authority.
(a) The purpose of the rules in this part is to prescribe the
manner in which portions of the radio spectrum may be made available
for private operational and common carrier fixed microwave operations
that require transmitting facilities on land or in specified offshore
coastal areas within the continental shelf.
(b) The rules in this part are issued pursuant to the authority
contained in
[[Page 26678]]
Titles I through III of the Communications Act of 1934, as amended,
which vest authority in the Federal Communications Commission to
regulate common carriers of interstate and foreign communications, to
regulate radio transmissions and issue licenses for radio stations, and
to regulate all interstate and foreign communications by wire and radio
necessary to the accomplishment of the purposes of the Act.
Sec. 101.3 Definitions.
As used in this part.
Antenna power gain. The ratio of the maximum radiation intensity to
that of an isotropic (omnidirectional) radiator in the far field of its
main (forward direction) lobe.
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structure. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The center of the frequency band assigned to a
station.
Assigned frequency bandwidth. The frequency band within which the
emission of a station is authorized; the width of the band equals the
necessary bandwidth plus twice the absolute value of the frequency
tolerance.
Authorized bandwidth. The maximum bandwidth authorized to be used
by a station as specified in the station license. (See Sec. 2.202 of
this chapter)
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Automatic Transmitter Power Control (ATPC). ATPC is a feature of a
digital microwave radio system that adjusts the transmitter output
power. ATPC allows the transmitter to operate at less than maximum
power for most of the time. In a radio employing ATPC, the transmit
power is reduced during normal operation conditions. When the receiver
detects a reduction in signal level, a control signal is sent to the
far end transmitter, instructing it to increase the power output to
compensate for the signal reduction. The power output is limited to the
licensed (maximum) transmit power. Guidelines for use of ATPC are set
forth in the TIA Telecommunications Systems Bulletin TSB 10,
``Interference Criteria for Microwave Systems (TSB 10).''
Bandwidth occupied by an emission. The band of frequencies
comprising 99 percent of the total radiated power extended to include
any discrete frequency on which the power is at least 0.25 percent of
the total radiated power.
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Central office. A landline termination center used for switching
and interconnection of public message communication circuits.
Common carrier fixed point-to-point microwave service. A common
carrier public radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. An operating position at which an operator
responsible for the operation of the transmitter is stationed and which
is under the control and supervision of the licensee.
Control station. A fixed station, the transmissions of which are
used to control automatically the emissions or operations of a radio
station, or a remote base station transmitter.
Coordination area. The area associated with a station outside of
which another station sharing the same or adjacent frequency band
neither causes nor is subject to interfering emissions greater than a
permissible level.
Coordination contour. The line enclosing the coordination area.
Coordination distance. The distance on a given azimuth from a
station beyond which another station neither causes nor is subject to
interfering emissions greater than a permissible level.
Digital Electronic Message Nodal Station. A fixed point-to-
multipoint radio station in a Digital Electronic Message Service
providing two-way communication with Digital Electronic Message User
Stations.
Digital Electronic Message Service. A two-way end-to-end fixed
radio service utilizing digital termination systems for the exchange of
digital information. This service may also make use of point-to-point
microwave facilities, satellite facilities or other communications
media to interconnect digital termination systems to comprise a
network.
Digital Electronic Message User Station. Any one of the fixed
microwave radio stations located at users' premises, lying within the
coverage area of a Digital Electronic Message Nodal Station, and
providing two-way digital communications with the Digital Electronic
Message Nodal Station.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g., one
consisting of coded pulses or states.
Drop point. A term used in the point-to-point microwave radio
service to designate a terminal point where service is rendered to a
subscriber.
Earth station. A station located either on the Earth's surface or
within the major portion of Earth's atmosphere and intended for
communication:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna.
Exchange. A unit of a communication company or companies for the
administration of communication service in a specified area, which
usually embraces a city, town, or village and its environs, and
consisting of one or more central offices, together with the associated
plant, used in furnishing communication service in that area.
Exchange area. The geographic area included within the boundaries
of an exchange.
Fixed satellite earth station. An earth station intended to be used
at a specified fixed point.
[[Page 26679]]
Fixed relay station. A fixed station associated with one or more
stations, established to receive radio signals directed to it and to
retransmit them automatically on a fixed service frequency.
Fixed Service. A radio communications service between specified
fixed points.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
center frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency.
Note: The frequency tolerance is expressed as a percentage or in
Hertzs.
General communication. Two-way voice communication, through a base
station, between:
(1) A common carrier land mobile or airborne station and a landline
telephone station connected to a public message landline telephone
system;
(2) Two common carrier land mobile stations;
(3) Two common carrier airborne stations;
(4) A common carrier land mobile station and a common carrier
airborne station.
Harmful interference. Interference that endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs or repeatedly interrupts a radiocommunication
service operating in accordance with these regulations.
Internodal link. A point-to-point communications link used to
provide communications between nodal stations or to interconnect nodal
stations to other communications media.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Local Television Transmission Service. A public radio communication
service for the transmission of television material and related
communications.
Long haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths exceeds 402
kilometers.
Master station. A station in a multiple address radio system that
controls, activates or interrogates four or more remote stations.
Master stations performing such functions may also receive
transmissions from remote stations.
Message center. The point at which messages from members of the
public are accepted by the carrier for transmission to the addressee.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Microwave link. A link is defined as a simplex communications
circuit between two points utilizing a single frequency/polarization
assignment. A duplex communications circuit would require two links,
one link in each direction.
Miscellaneous common carriers. Communications common carriers that
are not engaged in the business of providing either a public landline
message telephone service or public message telegraph service.
Mobile earth station. An earth station intended to be used while in
motion or during halts at unspecified points.
Mobile Service. A radio communication service between mobile and
land stations or between mobile stations.
Mobile station. A station in the mobile service intended to be used
while in motion or during halts at unspecified points.
Multiple address system (MAS). A point-to-multipoint radio
communications system, either one-way or two-way, utilizing frequencies
in accordance with Sec. 101.147 and serving a minimum of four unique
remote stations. Each master station must serve at least its own four
remotes. The remote stations must be scattered over the service area in
such a way that two or more point-to-point systems would be needed to
serve those remotes.
National Spatial Reference System. The National Spatial Reference
System (NSRS) is the name given to all Geodetic Control information
contained in the National Geodetic Survey (NGS) Data Base. This
includes: A, B, First, Second, and Third Order horizontal and vertical
control observed by NGS as well as data submitted by other agencies
(i.e., USGS, BLM, States, Counties, Cities, and private surveying
organizations).
Necessary bandwidth. For a given class of emission, the width of
the frequency band that is just sufficient to ensure the transmission
of information at the rate and with the quality required under
specified conditions. The necessary bandwidth may be calculated using
the formulas in Sec. 2.202 of this chapter.
Nodal station. The central or controlling station in a radio system
operating on point-to-multipoint frequencies in the 2.5, 10.6, or 18
GHz bands.
Occupied bandwidth. The width of a frequency bandwidth such that,
below the lower and above the upper frequency limits, the mean powers
emitted are each equal to a specified percentage, B/2 of the total mean
power of a given emission. Unless otherwise specified by the CCIR for
the appropriate class of emission, the value of B/2 should be taken as
0.5%.
Note: The percentage of the total power outside the occupied
bandwidth is represented by B.
Operational fixed station. A private fixed station not open to
public correspondence.
Passive repeater. A re-radiation device associated with a
transmitting/receiving antenna system that re-directs intercepted
radiofrequency energy. For example, it may consist of reflector(s) or
back-to-back parabolic or horn antennas.
Path length. The total distance of a path from the transmit to the
receive antenna, inclusive of all passive repeaters, if any.
Periscope antenna system. An antenna system which involves the use
of a passive reflector to deflect radiation from or to a directional
transmitting or receiving antenna which is oriented vertically or near
vertically.
Prior coordination. A bilateral process conducted prior to filing
applications which includes the distribution of the technical
parameters of a proposed radio system to potentially affected parties
for their evaluation and timely response.
Private carrier. An entity licensed in the private service and
authorized to provide communications service to other private service
eligibles on a commercial basis.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Private operational fixed point-to-point microwave service. A
private line radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Public correspondence. Any telecommunication which the offices and
stations must, by reason of their being at the disposal of the public,
accept for transmission.
Public message service. A service whereby facilities are offered to
the
[[Page 26680]]
public for communication between all points served by a carrier or by
interconnected carriers on a non-exclusive message by message basis,
contemplating a separate connection for each occasion of use.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The maximum radio frequency power output
capability (peak or average power) of a transmitter, under optimum
conditions of adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the centre of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Remote station. A fixed station in a multiple address radio system
that transmits one-way to one or more central receive sites, controls a
master station, or is controlled, activated or interrogated by, and may
respond to, a master station.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more mobile
stations and directed to a specified location; for public mobile radio
operations, a fixed station that automatically retransmits the mobile
communications and/or transmitter information about the base station,
along a fixed point-to-point link between the base station and the
central station.
Short haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths does not exceed
402 kilometers.
Signaling communication. One-way communications from a base station
to a mobile or fixed receiver, or to multi-point mobile or fixed
receivers by audible or subaudible means, for the purpose of actuating
a signaling device in the receiver(s) or communicating information to
the receiver(s), whether or not the information is to be retained in
record form.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Telegraphy. A form of telecommunication which is concerned in any
process providing transmission and reproduction at a distance of
documentary matter, such as written or printed matter or fixed images,
or the reproduction at a distance of any kind of information in such a
form. Unless otherwise specified, telegraphy means a form of
telecommunication for the transmission of written matter by the use of
signal code.
Telemetering. The use of telecommunication for automatic indicating
or recording measurements at a distance from the measuring instrument.
Telephony. A form of telecommunication set up for the transmission
of speech, or in some cases, other sounds.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Temporary fixed station. A station established in a non-permanent
mode (temporary) at a specified location for a short period of time,
ranging up to one year. Temporary-fixed operations are itinerant in
nature, and are not to be confused with mobile-type operations.
Video entertainment material. The transmission of a video signal
(e.g. United States Standard Monochrome or National Television Systems
Committee 525-line television) and an associated audio signal which is
designed primarily to amuse or entertain, such as movies and games.
Subpart B--Applications and Licenses
General Filing Requirements
Sec. 101.4 Transition plan.
(a) All systems subject to parts 21 and 94 of this chapter in
effect as of July 31, 1996, which are licensed or which are proposed in
an application on file, as of July 31, 1996, are subject to the
requirements under part 21 or part 94 of this chapter as contained in
the CFR edition revised as of October 1, 1995 and
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
amended in the
Federal Register through July 31, 1996, as applicable.
(b) For purposes of this section, a ``system'' shall include:
(1) The originally licensed system;
(2) Any modification to the original system involving a change in
antenna azimuth, antenna beam width, channel loading, emission, station
location, antenna height, authorized power, or authorized frequencies;
(3) Additional links constructed to complete an integrated
communications network; or
(4) Operationally connecting new facilities and/or frequencies.
(c) All radio frequency devices authorized pursuant to part 2 of
this chapter as being in compliance with applicable part 21 or part 94
of this chapter in effect as of July 31, 1996, requirements can be used
indefinitely with systems licensed under this part 101.
Sec. 101.5 Station authorization required.
(a) No radio transmitter shall be operated in this service except
under and in accordance with a proper station authorization granted by
the Federal Communications Commission. Except as provided in paragraph
(d) of this section, no construction, modification or operation of a
station may be commenced without an authorization from the Commission.
(b) A separate application form must be filed for each Digital
Electronic Message Service Nodal Station. No license is required for a
Digital Electronic Message User Station. Authority for a Digital
Electronic Message Nodal Station licensee to serve a specific number of
user stations to be licensed in the name of the carrier must be
requested on FCC Form 494 filed for the Digital Electronic Message
Nodal Station.
(c) If construction and or operation may have a significant
environmental impact as defined by Sec. 1.1307 of this chapter, the
requisite environmental assessment as prescribed in Sec. 1.1311 of this
chapter must be filed with the application and Commission environmental
review must be completed before construction of the station is
initiated. See Sec. 1.1312 of this chapter.
(d) For stations authorized under subpart H (Private Operational
Fixed Point-to-Point Microwave Service) and subpart I (Common Carrier
Fixed Point-to-Point Microwave Service), construction of new or
modified stations may be initiated prior to grant of an authorization.
As a condition to commencing construction under this paragraph (d), the
Commission may, at any time and without hearing or notice, prohibit
such construction for any
[[Page 26681]]
reason. Any construction conducted hereunder is at the applicant's sole
risk.
Sec. 101.7 Eligibility for station license.
(a) A station license may not be granted to or held by a foreign
government or by a representative of a foreign government.
(b) In the Common Carrier service, a station license may not be
granted or held by:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which any officer or director is an alien;
(4) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by: Aliens or their representatives;
a foreign government or representatives thereof; or any corporation
organized under the laws of a foreign country;
(5) Any corporation directly or indirectly controlled by any other
corporation of which any officer or more than one-fourth of the
directors are aliens, if the Commission finds that the public interest
will be served by the refusal or revocation of such license; or
(6) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens or their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign government, if the Commission finds that
the public interest will be served by the refusal or revocation of such
license.
Sec. 101.9 Formal and informal applications.
(a) Except for an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)),
the Commission will grant the following authorizations only upon
written application: Station licenses; modifications of station
licenses; renewals of station licenses; extensions of time to
construct; transfers and assignments of station licenses or of any
rights thereunder.
(b) Except as may be otherwise permitted by this part, a separate
written application must be filed for each instrument of authorization
requested. Applications may be:
(1) ``Formal applications'' where the Commission has prescribed in
this part a standard form; or
(2) ``Informal applications'' (normally in letter form) where the
Commission has not prescribed a standard form.
(c) An informal application will be accepted for filing only if:
(1) A standard form is not prescribed or clearly applicable to the
authorization requested;
(2) It is a document submitted, in duplicate, with a caption which
indicates clearly the nature of the request, radio service involved,
location of the station, and the application file number (if known);
and
(3) It contains all the technical details and informational
showings required by the rules and states clearly and completely the
facts involved and authorization desired.
Sec. 101.11 Filing of applications, fees, and number of copies.
(a) Part 1 of this chapter contains information on application
filing procedures and requirements for all services authorized under
this part. All filings must include the original application plus one
copy.
(b) Applications or filings requiring fees as set forth at part 1,
subpart G of this chapter must be filed in accordance with
Sec. 0.401(b) of this chapter. Applications or filings not requiring
fees must be submitted to: Federal Communications Commission, Common
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, PA 17325.
(c) All correspondence or amendments concerning a submitted
application must clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved.
(d) Except as otherwise specified, all applications, amendments,
and correspondence must be signed as prescribed by part 1 of this
chapter.
Sec. 101.13 Application forms and requirements for private operational
fixed stations.
(a) A separate application must be submitted on FCC Form 402 for
the following:
(1) New station authorization for private operational fixed
microwave station;
(2) New authorization to operate one or more fixed stations at
temporary locations in this service;
(3) Modification of station license;
(4) New station authorization or modification of license for each
master station of a system consisting of a master station and its
associated remote stations;
(5) The Commission's consent to the complete or partial assignment
of an authorization to another person or entity, or the transfer of
control of an entity holding an authorization. In addition, the
application must be accompanied by a signed letter from proposed
assignor/transferor stating the desire to assign all or part of its
right, title, and interest in and to such authorization, or to transfer
control over the entity holding the authorization, stating the call
sign and location of the station, and that, if applicable, the assignor
will submit its current station authorization for cancellation upon
completion of the assignment. Form 1046 may be used in lieu of this
letter. Licensees who fail to consummate must modify their licenses to
conform them to their initial state within 30 days of a failure to
consummate; or
(6) Amendment of any application.
(b) An application for authority to operate a fixed station at
temporary locations must specify the precise geographic area within
which the operation will be confined. The area specified must be
defined as a radius of operation about a given state or states,
latitude/longitude, or as a rectangular area bounded by upper and lower
lines of latitude and longitude. Exception to this specific requirement
may be made for exceptionally large areas, such as the continental
United States. Sufficient data must be submitted to show the need for
the proposed area of operation. If an operational-fixed station is
authorized to be operated at temporary locations and actually remains,
or is to remain, at the same location for a period of over a year,
application for a permanent authorization specifying the fixed location
must be made as soon as possible but not later than 30 days after the
expiration of the one-year period.
(c) A separate Form 402 for point-to-multipoint frequencies in the
10.6 GHz and 18 GHz bands must be filed for each Nodal Station except
for operations consistent with Sec. 101.147. Each Nodal Station
application must specify the service area that will be served by the
station in terms of a distance radius or other geographical
specification, and, if applicable, the Standard Metropolitan
Statistical Area (SMSA) being served.
(d) Application for renewal of station licenses must be submitted
on such form as the Commission may designate by public notice.
Applications for renewal must be made during the license term and
should be filed within 90 days, but not later than 30 days, prior to
the end of the license term. When a licensee submits a timely
application for renewal of a station license, the existing license for
that station will continue as a valid authorization until the
Commission has made a final decision on the application. Whenever a
group of station licenses in the same radio service are to be renewed
simultaneously, a single ``blanket'' application may be filed to cover
the
[[Page 26682]]
entire group if the application identifies each station by call sign
and station location. Applicants should note also any special renewal
requirements under the rules for such radio station(s).
(e) A separate application must be filed for each fixed master
station in a Multiple Address System (MAS). Applications may include
any number of remote stations in a single application, but must specify
the geographic service area in which these remote stations will be
located. Applications for mobile operations or for systems employing
only remote stations must designate a reference point (set of
coordinates) at or near the center of the area being served.
(f) Cancellation of a license can be made by letter.
Sec. 101.15 Application forms for common carrier fixed stations.
(a) New or modified facilities. FCC Form 494 must be submitted and
a license granted for each station. FCC Form 494 also must be submitted
to amend any license application, to modify any license pursuant to
Secs. 101.57(a) and 101.59, and to notify the Commission of
modifications made pursuant to Sec. 101.61. Cancellation of a license
can be made by letter.
(b) Additional time to construct. FCC Form 701 (``Application for
Additional Time to Construct Radio Station'') must be filed prior to
the expiration of the time for construction noted in a conditional
license to modify the license by extending the period of construction.
(c) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed by the licensee between thirty (30)
and sixty (60) days prior to the expiration date of the license sought
to be renewed. Whenever a group of station licenses in the same radio
service are to be renewed simultaneously, a single ``blanket''
application may be filed to cover the entire group if the application
identifies each station by call sign and station location. Applicants
should note also any special renewal requirements under the rules for
each radio service. When a licensees submits a timely application for
renewal of a station license, the existing license continues in effect
until the Commission has rendered a decision on the renewal
application.
(d) Assignment of license. FCC Form 702 (``Application for Consent
to Assignment of Radio Station Construction Authorization or License
for Stations in Services Other than Broadcast'') must be submitted to
assign voluntarily (as by, for example, contract or other agreement) or
involuntarily (as by, for example, death, bankruptcy, or legal
disability) the station authorization. In the case of involuntary
assignment (or transfer of control) the application must be filed
within 10 days of the event causing the assignment (or transfer of
control). FCC Form 702 must also be used for non-substantial (pro
forma) assignments. Whenever a group of station licenses in the same
radio services are to be assigned to a single assignee, a single
``blanket'' application may be filed to cover the entire group, if the
application identifies each station by call sign and station location.
Licensees who fail to consummate must modify their licenses to conform
them to their initial state within 30 days of a failure to consummate.
(e) Partial assignment of license. Authorization for assignment
from one company to another of only a part or portions of the
facilities (transmitters) authorized under an existing license (as
distinguished from an assignment of the facilities in their entirety)
may be granted upon application:
(1) By the assignor on FCC Form 494 for deletion of the assigned
facilities (no fee required); and
(2) By the assignee on FCC Form 494 with a request for
recertification in the name of the assignee for frequencies eliminated
from assignor's license (fee required). In the event that consummation
does not occur, FCC Form 494 must be submitted to return the assignor's
license to its original condition.
(f) Transfer of control of corporation holding a conditional
license or license. FCC Form 704 (``Application for Consent to Transfer
of Control'') must be submitted in order to voluntarily or
involuntarily transfer control (de jure or de facto) of a corporation
holding any conditional licenses or licenses. FCC Form 704 must also be
used for non-substantial (pro forma) transfers of control. Licensees
who fail to consummate must modify their licenses to conform them to
their initial state within 30 days of a failure to consummate.
Sec. 101.17 [Reserved]
Sec. 101.19 General application requirements.
(a) Each application for a license or for consent to assignment or
transfer of control must:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identity and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) Demonstrate the applicant's legal, technical, and other
qualifications to be a licensee;
(3) Submit the information required by the Commission's rules,
requests, and application forms;
(4) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(5) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by Secs. 101.103(d), 101.701, and of this part,
etc.).
(b) In addition to the general application requirements of
Secs. 101.19 and 101.21, applicants must submit any additional
documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's
rules, and the other subparts of this part (particularly Subpart C and
those subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
(c) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of this chapter. If
answered affirmatively, an Environmental Assessment as described by
Sec. 1.1311 of this chapter, need not be filed with the application.
Sec. 101.21 Technical content of applications.
Applications must contain all technical information required by the
application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F, G, I, and J, as appropriate). The
following paragraphs describe a number of technical requirements.
(a) Each application proposing a new or modified antenna structure
for a station (including a receive-only or passive repeater) must
indicate whether the owner has registered the structure with the
Commission. Complete information as to rules concerning the
registration, construction, marking and lighting of antenna structures
is
[[Page 26683]]
contained in part 17 of this chapter. See also Sec. 101.121 if the
structure is used by more than one station.
(b) Each application for construction permit for a developmental
authorization must be accompanied by pertinent supplemental information
as required by Sec. 101.411 in addition to such information as may be
specifically required by this section.
(c) An applicant proposing construction of one or more new stations
or modification of existing stations must submit the location and
telephone number (if known) of the maintenance center for a fixed
microwave system. In lieu of providing the location and telephone
number of the maintenance center(s) on a case by case basis, a licensee
may file a complete list for all operational stations with the
Commission and the Engineer-In-Charge of the appropriate radio district
on an annual basis or at more frequent intervals as necessary to keep
the information current.
(d) Each application in the Private Operational Fixed Point-to-
Point Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, and Digital Electronic Message Services
(excluding user stations) proposing a new or replacement antenna
(excluding omnidirectional antennas) must include an antenna radiation
pattern showing the antenna power gain distribution in the horizontal
plane expressed in decibels, unless such pattern is known to be on file
with the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on
file with the Commission.
(e) Each application in the Private Operational Fixed Point-to-
Point Microwave Service and the Common Carrier Fixed Point-to-Point
Microwave Service must include the following information:
Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power,
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and
ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
Note: The position location of antenna sites shall be determined
to an accuracy of no less than 1 second in the
horizontal dimensions (latitude and longitude) and 1
meter in the vertical dimension (ground elevation) with respect to
the National Spacial Reference System.
(f) All applicants for regular authorization must, before filing an
application, amendments to a pending application, or modifications to a
license, prior coordinate the proposed frequency usage with existing
users in the area and other applicants with previously filed
applications in accordance with the procedures in Sec. 101.103. In
those frequency bands shared with the communication-satellite service,
an applicant for a new station, for new points of communication, for
the initial frequency assignment in a shared band for which
coordination has not been previously effected, or for authority to
modify the emission or radiation characteristics of an existing station
in a manner that may increase the likelihood of harmful interference,
must ascertain in advance whether the station(s) involved lie within
the great circle coordination distance contours of an existing Earth
station or one for which an application has been accepted for filing,
and must coordinate his proposal with each such Earth station operator
or applicant. For each potential interference path, the applicant must
perform the computations required to determine that the expected level
of interference to or from the terrestrial station does not exceed the
maximum permissible interference power level in accordance with the
technical standards and requirements of Secs. 25.251-25.256 of this
chapter. The Commission may, in the course of examining any
application, require the submission of additional showings, complete
with pertinent data and calculations in accordance with part 25 of this
chapter, showing that harmful interference will not likely result from
the proposed operation. (Technical characteristics of the Earth
stations on file and coordination contour maps for those Earth stations
will be kept on file for public inspection in the offices of the
Commission's International Bureau in Washington, DC)
Sec. 101.23 Waiver of rules.
Waivers of these rules may be granted upon application or on the
Commission's own motion.
A request for waiver shall contain a statement of reasons
sufficient to justify a waiver. A waiver will not be granted except
upon an affirmative showing that:
(a) The underlying purpose of the rule will not be served, or would
be frustrated, by its application in the particular case, and that
grant of the waiver is otherwise in the public interest; or
(b) The unique facts and circumstances of a particular case render
application of the rule inequitable, unduly burdensome or otherwise
contrary to the public interest. Applicants must also show the lack of
a reasonable alternative.
Sec. 101.25 Inconsistent or conflicting applications.
While an application is pending and undecided, no subsequent
inconsistent or conflicting application may be filed by the same
applicant, the applicant's successor or assignee, or on behalf or for
the benefit of the same applicant, the applicant's successor or
assignee.
Sec. 101.27 Repetitious applications.
(a) Where an applicant has been afforded an opportunity for a
hearing with respect to a particular application for a new station, or
for an extension or enlargement of a service or facilities, and the
Commission has, after hearing or default, denied the application or
dismissed it with prejudice, the Commission will not consider a like
application involving service of the same kind to the same area by the
same applicant, or by the applicant's successor or assignee, or on
behalf of or for the benefit of the original parties in interest, until
after the lapse of 12 months from the effective date of the
Commission's order. The Commission may, for good cause shown, waive the
requirements of this section.
(b) Where an appeal has been taken from the action of the
Commission denying a particular application, another application for
the same class of station and for the same area, in whole or in part,
filed by the same applicant or by the applicant's successor or
assignee, or on behalf or for the benefit of the original parties in
interest, will not be considered until the final disposition of such
appeal.
Sec. 101.29 Amendment of pending applications.
(a) Any pending application may be amended as a matter of right if
the
[[Page 26684]]
application has not been designated for hearing, or for comparative
evaluation pursuant to Sec. 101.51, or for the random selection
process, provided, however, that the amendments must comply with the
provisions of Sec. 101.41 as appropriate.
(b) Requests to amend an application designated for hearing or for
comparative evaluation, or tentatively selected by the random selection
process may be granted only if a written petition demonstrating good
cause is submitted and properly served upon the parties of record.
(c) The Commission will classify amendments on a case-by-case
basis. Whenever previous amendments have been filed, the most recent
amendment will be classified by reference to how the information in
question stood as of the latest Public Notice issued which concerned
the application. An amendment will be deemed to be a major amendment
subject to Sec. 101.37 and Sec. 101.45 under any of the following
circumstances:
(1) If the amendment results in a substantial modification of the
engineering proposal such as (but not necessarily limited to):
(i) A change in, or an addition of a radio frequency channel;
(ii) A change in polarization of the transmitted signal;
(iii) An increase in the equivalent isotropically radiated power of
three (3) dB or more;
(iv) A change in type of transmitter emission or an increase in
emission bandwidth of more than ten (10) percent;
(v) A change in the geographic coordinates of a station's
transmitting antenna of more than five (5) seconds of latitude or
longitude, or both;
(vi) A change of more than one (1) degree in the azimuth of the
center of the main lobe of radiation of a point-to-point station's
transmitting antenna (including any deflections by repeating devices);
(vii) Any change which increases the antenna center line height by
3.0 meters (ten (10) feet) or more;
(viii) Any changes or combination of changes which would cause
harmful electrical interference to an authorized facility or result in
a mutually exclusive conflict with another pending application; or
(ix) Any technical change that would increase the effective
radiated power in any direction by more than one and one-half (1.5) dB
in the Digital Electronic Message Service.
(2) If the amendment would convert a proposal, such that it may
have a significant impact upon the environment under Sec. 1.1307 of
this chapter, which would require the submission of an environmental
assessment, see Sec. 1.1311 of this chapter, and Commission
environmental review, see Secs. 1.1308 and 1.1312 of this chapter.
(3) If the amendment results in a substantial and material
alteration of the proposed service.
(4) If the amendment specifies a substantial change in beneficial
ownership or control (de jure or de facto) of an applicant such that
the change would require, in the case of an authorized station, the
filing of a prior assignment or transfer of control application under
section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d)).
Such a change would not be considered major where the assignment or
transfer of control is for legitimate business purposes other than the
acquisition of applications.
(5) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to
section 309 of the Communications Act of 1934.
(d) A pending application may be amended by a major amendment to
reflect the relocation of a proposed station site and a new application
will not be required if:
(1) The geographic coordinates of the new station site are within
32.2 kilometers of the coordinates of the original site; and
(2) The relocated station would serve essentially the same purpose
in the system as originally proposed.
(e) The applicant must serve copies of any amendments or other
written communications upon the following parties:
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 101.509;
(2) Any applicant whose application has been found by the
Commission, as published in a public notice, to be mutually exclusive
with the application being amended; and
(3) Any party who has filed a petition to deny the application or
other formal objection, when that petition or formal objection has not
been resolved by the Commission.
(f) The Commission may waive the service requirements of paragraph
(e) of this section and prescribe such alternative procedures as may be
appropriate under the circumstances to protect petitioners' interests
and to avoid undue delay in a proceeding, if an applicant submits a
request for waiver which demonstrates that the service requirement is
unreasonably burdensome. Requests for waiver must be served on
petitioners. Oppositions to the petition may be filed within five (5)
days after the petition is filed and must be served on the applicant.
Replies to oppositions will not be entertained.
(g) Any amendment to an application must be signed and must be
submitted in the same manner, and with the same number of copies, as
was the original application. Amendments may be made in letter form if
they comply in all other respects with the requirements of this
chapter.
Sec. 101.31 Special temporary, temporary, and conditional
authorizations.
(a) Special temporary authorization. (1) In circumstances requiring
immediate or temporary use of facilities, licensees subject to this
part may request special temporary authority to install and/or operate
new or modified equipment. Any such request may be submitted as an
informal application in the manner set forth in Sec. 101.9 and must
contain full particulars as to the proposed operation including all
facts sufficient to justify the temporary authority sought and the
public interest therein. No such request will be considered unless the
request is received by the Commission at least 10 days prior to the
date of proposed construction or operation or, where an extension is
sought, expiration date of the existing temporary authorization.
(2) Special temporary authorization may be granted upon written
request in the following circumstances:
(i) In emergency situations;
(ii) To permit restoration or relocation of existing facilities to
continue communication service;
(iii) To conduct tests to determine necessary data for the
preparation of an application for regular authorization;
(iv) For a temporary, non-recurring service where a regular
authorization is not appropriate;
(v) In other situations involving circumstances which are of such
extraordinary nature that delay in the institution of temporary
operation would seriously prejudice the public interest.
(3) The Commission may grant requests for special temporary
authority without issuing the public notice provided for in Sec. 101.37
for periods not exceeding 180 days, if there are extraordinary
circumstances supporting the request and where delay in commencing
temporary operation would seriously prejudice the public interest.
Requests for special temporary authorization not involving
extraordinary circumstances may be
[[Page 26685]]
granted without public notice for a period of 30 days where an
application for regular operation is not contemplated or for 60 days
pending or after the filing of an application for regular operation.
Requests for special temporary authority are issued on a strictly
secondary, non-interfering basis, and do not in any way affect the
final disposition of any application or action pending before the
Commission.
(4) Extension of a special temporary authorization for a period of
180 days may be granted, but the renewing applicant bears a heavy
burden to show that extraordinary circumstances warrant such an
extension.
(5) Request for special temporary authorization must contain the
following information:
(i) Name, address, and citizenship status of the applicant;
(ii) Need for special action, including a description of any
emergency or damage to equipment;
(iii) Type of operation to be conducted;
(iv) Purpose of operation;
(v) Time and date of operation desired;
(vi) Class of station and nature of service;
(vii) Location of station and points with which station will
communicate;
(viii) Equipment to be used, specifying manufacturer, model number,
and number of units;
(ix) Frequency(s) desired;
(x) Azimuth and beamwidth of major lobe of transmitting antenna and
ERP;
(xi) Type of emission;
(xii) Description of antenna to be used, including height; and
(xiii) Certification that prior coordination is complete.
(6) In cases of emergency found by the Commission, involving danger
to life or property or due to damage of equipment, or during a national
emergency proclaimed by the President or declared by the Congress or
during the continuance of any war in which the United States is engaged
and when such action is necessary for the national defense or safety or
otherwise in furtherance of the war effort, or in cases of emergency
where the Commission finds that it would not be feasible to secure
renewal applications from existing licensees or otherwise to follow
normal licensing procedure, the Commission will grant construction
permits and station licenses, or modifications or renewals thereof,
during the emergency found by the Commission or during the continuance
of any such national emergency or war, as special temporary licenses,
only for the period of emergency or war, requiring such action, without
the filing of formal applications.
(b) Temporary authorizations. (1) Authorizations may be issued upon
proper application for rendition of temporary service to subscribers
under the following conditions:
(i) When a fixed station, authorized to operate at temporary
locations, is to remain at a single location for more than 6 months, an
application (FCC Form 402 or 494, as appropriate) for a station
authorization designating that single location as the permanent
location shall be filed at least 90 days prior to the expiration of the
6-month period;
(ii) The station shall be used only for rendition of communication
service at a remote point where the provision of wire facilities is not
practicable within the required time frame; and
(iii) The antenna structure height employed at any location shall
not exceed the criteria set forth in Sec. 17.7 of this chapter unless,
in each instance, authorization for use of a specific maximum antenna
structure height for each location has been obtained from the
Commission prior to erection of the antenna. See Sec. 101.125.
(2) Applications for authorizations to operate stations at
temporary locations under the provisions of this section shall be made
upon FCC Form 402 or 494, as appropriate. Blanket applications may be
submitted for the required number of transmitters.
(3) The licensee of stations which are authorized pursuant to the
provisions of paragraph (b) of this section shall notify the Commission
at least five (5) days prior to installation of the facilities,
stating:
(i) The call sign, manufacturer's name, type or model number,
output power and specific location of the transmitter(s);
(ii) The maintenance location for the transmitter;
(iii) The location of the transmitting or receiving station with
which it will communicate and the identity of the correspondent
operating such facilities;
(iv) The exact frequency or frequencies to be used;
(v) The public interest, convenience and necessity to be served by
operation of the proposed installation;
(vi) The commencement and anticipated termination dates of
operation from each location. In the event the actual termination date
differs from the previous notification, written notice thereof promptly
shall be given to the Commission;
(vii) A notification shall include compliance with the provisions
of
Sec. 101.21(e) when operations are to be conducted in the area of
other terrestrial microwave stations and with the provisions of
Sec. 101.21(e) when operations are to be conducted within the
coordination distance contours of a fixed earth station; and
(viii) Where the notification contemplates initially a service
which is to be rendered for a period longer than 90 days, the
notification shall contain a showing as to why application should not
be made for regular authorization.
(4) Less than 5 days advance notice may be given when circumstances
require shorter notice provided such notice is promptly given and the
reasons in support of such shorter notice are stated.
(5) A copy of the notification shall be kept with the station
license.
(c) Prior coordination. Stations authorized under this section may
complete the prior coordination process orally and the period allowed
for response to a coordination notification may be less than 30 days if
the parties agree. The requirements under Sec. 101.103(d)(2)(i) for
written documentation shall apply to such oral notice.
(d) Certification. Any applicant under this section must submit a
certification that neither the applicant nor any party to the applicant
is subject to a denial of Federal benefits pursuant to section 5301 of
the Anti-Drug Abuse Act of 1988, as required by Sec. 1.2002 of this
chapter.
(e) Conditional authorization. (1) An applicant for a new point-to-
point microwave radio station(s) or a modification of an existing
station(s) in the 3,700-4,200; 5,925-6,425; 6,525-6,875; 10,550-10,680;
10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-
13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147
for specific service usage) may operate the proposed station(s) during
the pendency of its applications(s) upon the filing of a properly
completed formal application(s) that complies with subpart B of part
101 if the applicant certifies that the following conditions are
satisfied:
(i) The frequency coordination procedures of Sec. 101.103 have been
successfully completed;
(ii) The antenna structure(s) has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of this chapter; or
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure), if the antenna or tower has not been previously studied
[[Page 26686]]
by the Federal Aviation Administration and cleared by the FCC;
(iii) The grant of the application(s) does not require a waiver of
the Commission's rules:
(iv) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in Sec. 1.1307 of this
chapter;
(v) The station site(s) does not lie within 56.3 kilometers of any
international border or within a radio ``Quiet Zone'' identified in
Sec. 101.123, or if operated on frequencies in the 17,700-19,700 MHz
band, the station site(s) does not lie within the states of Colorado,
Maryland and Virginia and the District of Columbia;
(vi) The filed application(s) does not propose to operate in the
10.6-10.68 GHz band, or in the 21.2-23.6 GHz band with an E.R.P.
greater than 55 dBm pursuant to Sec. 101.147(s); and
(vii) The filed application(s) is consistent with the proposal that
was coordinated pursuant to Sec. 101.103.
(2) Conditional authority ceases immediately if the application(s)
is returned by the Commission because it is not acceptable for filing.
(3) A conditional authorization pursuant to paragraphs (e)(1) and
(e)(2) of this section is evidenced by retaining the original executed
conditional licensing Certification Form with the station records.
Conditional authorization does not prejudice any action the Commission
may take on the subject application(s). Conditional authority is
accepted with the express understanding that such authority may be
modified or cancelled by the Commission at any time without hearing if,
in the Commission's discretion, the need for such action arises. An
applicant operating pursuant to this conditional authority assumes all
risks associated with such operation, the termination or modification
of the conditional authority, or the subsequent dismissal or denial of
its application(s).
(4) The Certification Form, or a copy thereof, must be posted at
each station operating pursuant to this section consistent with
Sec. 101.215.
Sec. 101.33 Who may sign applications.
See part 1 of this chapter (Secs. 1.743 and 1.913), for practices
and procedures governing signatures on applications, amendments and
related statements of fact.
Processing of Applications
Sec. 101.35 Preliminary processing of applications.
(a) Applications received for filing are given a file number. The
assignment of a file number to an application is for administrative
convenience and does not indicate the acceptance of the application for
filing and processing and does not preclude the subsequent return of
the application.
(b) Applications that are incomplete with respect to answers,
supplementary statements, execution, or other matters of a formal
character will be considered defective and may be returned to the
applicant with a brief statement as to such defects. If an applicant is
requested by the Commission to file any additional documents or
information not included in the prescribed application form, failure to
comply with such request will be deemed to render the application
defective, and such application may be dismissed. Applications will
also be deemed to be defective and may be returned to the applicant in
the following cases:
(1) Statutory disqualification of applicant;
(2) Proposed use or purpose of station would be unlawful;
(3) Requested frequency is not allocated for assignment for the
service proposed;
(4) The submitted filing fee (if required) is insufficient;
(5) The application does not demonstrate compliance with the
special requirements applicable to the radio service involved;
(6) The applications does not include all necessary exhibits; or
(7) The application fails to meet any other Commission
requirements.
(c) Any application that has been returned to the applicant for
correction will be processed in original order of receipt when
resubmitted if it is received within 60 days from the date on which it
was returned to the applicant and the change does not involve a major
amendment. If the application is not resubmitted within the prescribed
time, it will be treated as a new application and considered at the
time other applications received on the same date are considered.
(d) Applications considered defective under paragraph (b) of this
section may be accepted for filing if:
(1) The application is accompanied by a request which sets forth
the reasons in support of a waiver of (or an exception to), in whole or
in part, any specific rule, regulation, or requirement with which the
application is in conflict; or
(2) The Commission, upon its own motion, waives (or allows an
exception to), in whole or in part, any rule, regulation or
requirement.
Sec. 101.37 Public notice period.
(a) At regular intervals, the Commission will issue a public notice
listing:
(1) The acceptance for filing of common carrier applications and
major amendments thereto;
(2) Significant Commission actions concerning these applications;
(3) The receipt of common carrier applications for minor
modifications made pursuant to Sec. 101.59;
(4) Information which the Commission in its discretion believes of
public significance; and
(5) Special environmental considerations as required by part 1 of
this chapter.
(b) A public notice will not normally be issued for any of the
following applications:
(1) For authorization of a minor technical change in the facilities
of a proposed or authorized station where such a change would not be
classified as a major amendment to a pending application, as defined by
Sec. 101.29, or as a minor modification to a license pursuant to
Sec. 101.59;
(2) For temporary authorization pursuant to Sec. 101.31;
(3) For an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(4) For consent to an involuntary assignment or transfer of control
of a radio authorization; or
(5) For consent to a voluntary assignment or transfer of control of
a radio authorization, where the assignment or transfer does not
involve a substantial change in ownership or control.
(c) Except as otherwise provided in this part (e.g., Sec. 101.59),
no application that has appeared on public notice will be granted until
the expiration of a period of thirty days following the issuance of the
public notice listing the application, or any major amendment thereto,
or until the expiration of a period of thirty days following the
issuance of a public notice identifying the tentative selectee of a
random selection process, whichever is later.
(d) The listing of an application on public notice as accepted for
filing does not indicate that the application has been found by the
Commission to be acceptable for filing and does not preclude the
subsequent return of the application.
Sec. 101.39 Dismissal and return of applications.
(a) Except as provided under paragraph (c) of this section and
under Sec. 101.41, any application may, upon written request, be
dismissed without prejudice as a matter of right prior to the adoption
date of any final Commission action or the application's designation
for hearing or comparative evaluation.
[[Page 26687]]
(b) A request to dismiss an application without prejudice will be
considered after designation for hearing, after selection through the
comparative evaluation procedure of Sec. 101.51, or after selection as
a tentative selectee in a random selection proceeding, only if:
(1) A written petition is submitted to the Commission and, in the
case of applications designated for hearing or comparative evaluation,
is properly served upon all parties of record;
(2) The petition is submitted before the issuance date of a public
notice of Commission action denying the application; and
(3) The petition complies with the provision of Sec. 101.41
(whenever applicable) and demonstrates good cause.
(c) Except as provided under Sec. 101.41, an application designated
for inclusion in the random selection process may be dismissed without
prejudice as a matter of right if the applicant requests its dismissal
at least 2 days prior to a random selection proceeding.
(d) Dismissal for failure to prosecute or for failure to respond to
official correspondence or requests for additional information within a
specified time period will be without prejudice prior to its
designation for hearing, or tentative selection by the random selection
process. Dismissal may be with prejudice after selection of the
comparative evaluation process, or after selection as a tentative
selectee in a random selection proceeding.
Sec. 101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.
(a) Except as provided in paragraph (b) of this section, applicants
or any other parties in interest to pending applications must comply
with the provisions of this section whenever:
(1) They participate in any agreement (or understanding) which
involves any consideration promised or received, directly or
indirectly, including any agreement (or understanding) for merger of
interests or the reciprocal withdrawal of applications; and
(2) The agreement (or understanding) may result in either:
(i) A proposed substantial change in beneficial ownership or
control (dejure or de facto) of an applicant such that the change would
require, in the case of an authorized station, the filing of a prior
assignment or transfer of control application under section 310(d) of
the Communications Act of 1934 (47 U.S.C. 310(d)), or
(ii) Proposed withdrawal, amendment or dismissal of any
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof, which would thereby permit the grant without
hearing, comparative evaluation under Sec. 101.51, or random selection
of an application previously in contested status.
(b) The provisions of this section will not be applicable to any
engineering agreement (or understanding) that:
(1) Resolves frequency conflicts with authorized stations or other
pending applications without the creation of new or increased frequency
conflicts; and
(2) Does not involve any consideration promised or received,
directly or indirectly (including any merger of interests or reciprocal
withdrawal of applications), other than the mutual benefit of resolving
the engineering conflict.
(c) For any agreement subject to this section, the applicant of an
application which would remain pending pursuant to such an agreement
will be considered responsible for the compliance by all parties with
the procedures of this section. Failure of the parties to comply with
the procedures of this section will constitute a defect in those
applications which are involved in the agreement and remain in a
pending status.
(d) The principals to any agreement or understanding subject to
this section must comply with the standards of paragraph (e) of this
section in accordance with the following procedure:
(1) Within ten (10) days after entering into the agreement, the
parties thereto must jointly notify the Commission in writing of the
existence and general terms of such agreement, the identity of all of
the participants and the applications involved;
(2) Within thirty (30) days after entering into the agreement, the
parties thereto must file any proposed application amendments, motions,
or requests together with a copy of the agreement which clearly sets
forth all terms and provisions, and such other facts and information as
necessary to satisfy the standards of paragraph (e) of this section.
Such submission must be accompanied by the certification by affidavit
of each principal to the agreement declaring that the statements made
are true, complete, and correct to the best of their knowledge and
belief, and are made in good faith; and
(3) The Commission may request any further information which in its
judgment it believes is necessary for a determination under paragraph
(e) of this section.
(e) The Commission will grant an application (or applications)
involved in the agreement (or understanding) only if it finds upon
examination of the information submitted, and upon consideration of
such other matters as may be officially noticed, that the agreement is
consistent with the public interest, and the amount of any monetary
consideration and the cash value of any other consideration promised or
received is not in excess of those legitimate and prudent costs
directly assignable to the engineering, preparation, filing and
advocacy of the withdrawn, dismissed, or amended application(s),
amendment(s), petition(s), pleading(s), or any combination thereof.
Where such costs represent the applicant's in-house efforts, these
costs may include only directly assignable costs and must exclude
general overhead expenses. (The treatment to be accorded such
consideration for interstate rate making purposes will be determined at
such time as the question may arise in an appropriate rate proceeding.)
An itemized accounting must be submitted to support the amount of
consideration involved except where such consideration (including the
fair market value of any non-cash consideration) promised or received
does not exceed one thousand dollars ($1,000.00). Where consideration
involves a sale of facilities or merger of interests, the accounting
must clearly identify that portion of the consideration allocated for
such facilities or interests and a detailed description thereof,
including estimated fair market value. The Commission will not presume
an agreement (or understanding) to be prima facie contrary to the
public interest solely because it incorporates a mutual agreement to
withdraw pending application(s), amendment(s), petition(s),
pleading(s), or any combination thereof.
Sec. 101.43 Opposition to applications.
(a) Any party in interest may file with the Commission a petition
to deny any application for which public notice is required. All such
petitions must:
(1) Identify the application or applications including applicant's
name, station location, Commission file numbers and radio service
involved with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of this part and part 1 of
this chapter;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), supported by affidavit of a person or
persons with personal knowledge thereof and be sufficient to make a
prima facie showing that the petitioner is a party in interest and that
a grant of the application would be
[[Page 26688]]
inconsistent with the public interest, convenience and necessity;
(4) Be filed within thirty (30) days after the date of public
notice announcing the acceptance for filing of such applications or
major amendments thereto, or, identifying the tentative selectee of a
random selection proceeding (unless the Commission otherwise extends
the deadline); and
(5) Contain a certificate of service showing that the applicant has
been mailed a copy of the petition no later than the date on which the
petition is filed with the Commission.
(b) The applicant may file an opposition to any petition to deny
and the petitioner may file a reply thereto in which allegations of
fact or denials thereof must be supported by an affidavit of a person
or persons with personal knowledge thereof and be clearly identified.
The applicant must serve a copy of the opposition on the petitioner,
and the petitioner must serve a copy of its reply on the applicant. The
time for filing such oppositions and replies are provided in Sec. 1.45
of this chapter.
(c) Notwithstanding the provisions of paragraph (a) of this
section, before Commission action on any application for an instrument
of authorization, any person may file informal objections to the grant.
The Commission will consider informal objections, but not necessarily
discuss them in a written opinion, if the objection is filed at least
one day prior to action on the application and the objection is signed
by the submitting person with a disclosure of that person's interest.
Such objections may be submitted in letter form. The limitation on
pleadings and time for filing pleadings provided for in Sec. 1.45 of
this chapter will not be applicable to any objections duly filed
pursuant to this paragraph.
(d) Petitions to deny not filed in accordance with paragraph (a) of
this section will be treated as informal objections.
Sec. 101.45 Mutually exclusive applications.
(a) The Commission will consider applications to be mutually
exclusive if their conflicts are such that the grant of one application
would effectively preclude by reason of harmful electrical
interference, or other practical reason, the grant of one or more of
the other applications. The Commission will presume ``harmful
electrical interference'' exists when the levels of Sec. 101.105 are
exceeded, or when there is a material impairment to service rendered to
the public despite full cooperation in good faith by all applicants or
parties to achieve reasonable technical adjustments which would avoid
electrical conflict.
(b) A common carrier application will be entitled to be included in
a random selection process or to comparative consideration with one or
more conflicting applications only if:
(1) The application is mutually exclusive with the other
application; and
(2) The application is received by the Commission in a condition
acceptable for filing by whichever ``cut-off'' date is earlier:
(i) Sixty (60) days after the date of the public notice listing the
first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission
takes final action on the previously filed application (should the
Commission act upon such application in the interval between thirty
(30) and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but
not uniformly so, the earliest filed application established the date
prescribed in paragraph (b)(2) of this section, regardless of whether
or not subsequently filed applications are directly mutually exclusive
with the first filed application. (For example, applications A, B, and
C are filed in that order. A and B are directly mutually exclusive, B
and C are directly mutually exclusive. In order to be considered
comparatively with B, C must be filed within the ``cut-off'' period
established by A even though C is not directly mutually exclusive with
A.)
(d) Private operational fixed point-to-point microwave applications
for authorization under this part will be entitled to be included in a
random selection process or to comparative consideration with one or
more conflicting applications in accordance with the provisions of
Sec. 1.227(b)(4) of this chapter.
(e) An application otherwise mutually exclusive with one or more
previously filed applications, but filed after the appropriate date
prescribed in paragraphs (b) or (d) of this section, will be returned
without prejudice and will be eligible for refiling only after final
action is taken by the Commission with respect to the previously filed
application (or applications).
(f) For the purposes of this section, any application (whether
mutually exclusive or not) will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
Sec. 101.29), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or
for comparative evaluation (pursuant to Sec. 101.51), and the
Commission or the presiding officer accepts the amendment pursuant to
Sec. 101.29(b);
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing, by comparative evaluation pursuant to
Sec. 101.51, or by random selection pursuant to Sec. 101.49 provided
that the amendment does not create new or additional frequency
conflicts;
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest, and for which a
requested exemption from the ``cut-off'' requirements of this section
is granted;
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 101.41 whereby two or more
applicants entitled to comparative consideration of their applications
join in one (or more) of the existing applications and request
dismissal of their other application (or applications) to avoid the
delay and cost of comparative consideration;
(5) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing,
such as, for example:
(i) The loss of a transmitter or receiver site by condemnation,
natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the
erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence
of specified equipment, whenever the application has been pending
before the Commission for two or more years from the date of its
filing.
(g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a
frequency pair. Applicants for these bands may select an unpaired
frequency only upon a showing that spectrum efficiency will not be
impaired and that unpaired spectrum is not available in other bands.
During the initial filing window, frequency coordination is not
[[Page 26689]]
required, except that an application for a frequency in the 942-944 MHz
band must be coordinated to ensure that it does not affect an existing
broadcast auxiliary service licensee. After the initial filing window,
an applicant must submit evidence that frequency coordination has been
performed with all licensees affected by the application. All frequency
coordination must be performed in accordance with Sec. 101.103. In the
event of mutually exclusive applications occurring during the initial
filing window for the 932.5-935/941.5-944 MHz bands, applicants shall
be given the opportunity to resolve these situations by applying for an
alternative frequency pair, if one is available. To the extent that
there are no other available frequencies or to the extent that mutually
exclusive applications remain after this process is concluded,
lotteries shall be conducted for each frequency pair among all
remaining mutually exclusive applications, assuming appropriate
coordination with existing broadcast auxiliary stations can be
concluded, where necessary. In the event of mutually exclusive
applications being received for these bands on the same day after the
initial filing window has closed and a subsequent filing window opened,
lotteries shall be conducted for each frequency pair among all mutually
exclusive applications.
Sec. 101.47 Consideration of applications.
(a) Applications for an instrument of authorization will be granted
if, upon examination of the application and upon consideration of such
other matters as it may officially notice, the Commission finds that
the grant will serve the public interest, convenience, and necessity.
(b) The grant will be without a formal hearing if, upon
consideration of the application, any pleadings of objections filed, or
other matters which may be officially noticed, the Commission finds
that:
(1) The application is acceptable for filing, and is in accordance
with the Commission's rules, regulations, and other requirements;
(2) The application is not subject to comparative consideration
(pursuant to Sec. 101.45) with another application (or applications),
except where the competing applicants have chosen the comparative
evaluation procedure of Sec. 101.51 and a grant is appropriate under
that procedure;
(3) A grant of the application would not cause harmful electrical
interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is legally, technically, financially and
otherwise qualified, and a grant of the application would serve the
public interest.
(c) Whenever the Commission, without a formal hearing, grants any
application in part, or subject to any terms or conditions other than
those normally applied to applications of the same type, it will inform
the applicant of the reasons therefor, and the grant will be considered
final unless the Commission revises its action (either by granting the
application as originally requested, or by designating the application
for a formal evidentiary hearing) in response to a petition for
reconsideration that:
(1) Is filed by the applicant within thirty (30) days from the date
of the letter or order giving the reasons for the partial or
conditioned grant;
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(d) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in issue,
if, upon consideration of the application, any pleadings or objections
filed, or other matters which may be officially noticed, the Commission
determines that:
(1) A substantial and material question of fact is presented;
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete, and in accordance with the
Commission's rules, regulations, and other requirements;
(3) The application is entitled to comparative consideration (under
Sec. 101.45) with another application (or applications); or
(4) The application is entitled to comparative consideration
(pursuant to Sec. 101.45) and the applicants have chosen the
comparative evaluation procedure of Sec. 101.51 but the Commission
deems such procedure to be inappropriate.
(e) The Commission may grant, deny, or take other action with
respect to an application designated for a formal hearing pursuant to
paragraph (d) of this section or part 1 of this chapter.
(f) Whenever the public interest would be served thereby the
Commission may grant one or more mutually exclusive applications
expressly conditioned upon final action on the applications, and then
either conduct a random section process (in specified services under
this rules part), designate all of the mutually exclusive applications
for a formal evidentiary hearing or (whenever so requested) follow the
comparative evaluation procedures of Sec. 101.51, as appropriate, if it
appears:
(1) That some or all of the applications were not filed in good
faith, but were filed for the purpose of delaying or hindering the
grant of another application;
(2) That the public interest requires the prompt establishment of
radio service in a particular community or area;
(3) That a delay in making a grant to any applicant until after the
conclusion of a hearing or a random selection proceeding on all
applications might jeopardize the rights of the United States under the
provision of an international agreement to the use of the frequency in
question; or
(4) That a grant of one application would be in the public interest
in that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or of the provisions of this
chapter.
(g) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.
Sec. 101.49 Grants by random selection.
(a) If an application for an authorization in the Digital
Electronic Message Service (DEMS) is mutually exclusive with another
such application and satisfies the requirements of Sec. 101.45, the
applicant may be included in the random selection process set forth in
Secs. 1.821, 1.822 and 1.825 of this chapter.
(b) Renewal applications will not be included in a random selection
process.
Sec. 101.51 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications
in services under this rules part where the random selection process
does not apply, the applicants may request the Commission to consider
their applications without a formal hearing in accordance with the
summary procedure outlined in paragraph (b) in this section if:
(1) The applications are entitled to comparative consideration
pursuant to Sec. 101.45;
(2) The applications have not been designated for formal
evidentiary hearing; and
(3) The Commission determines, initially or at any time during the
[[Page 26690]]
procedure outlined in paragraph (b) of this section, that such
procedure is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact presented (other than
those relating to the comparative merits of the applications) which
would preclude a grant under paragraphs (a) and (b) of Sec. 101.47.
(b) Provided that the conditions of paragraph (a) of this section
are satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to
the summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the Commission should exercise
its judgment to select from among the mutually exclusive applications
that proposal (or proposals) which would best serve the public
interest; and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants
the Commission (if it deems this procedure appropriate) will issue a
notice designating the comparative criteria upon which the applications
are to be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing
of comments, the Commission will accept concise and factual replies
from the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants will have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted,
and such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision will be considered final.
License Transfers, Modifications, Conditions and Forfeitures
Sec. 101.53 Assignment or transfer of station authorization.
(a) No station license, or any rights thereunder, may be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval must include any and all transactions that:
(1) Change the party controlling the affairs of the licensee; or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership.
(c) Requests for transfer of control or assignment authority must
be submitted on the application form prescribed by Sec. 101.13 or
Sec. 101.15, and must be accompanied by the applicable showings
required by Secs. 101.19, 101.21, and 101.55.
(d) The Commission must be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, must be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the
place having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain
no right of reversion or reassignment of the license and may not
reserve the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for
the assignment or transfer.
(f) No special temporary authority, or any rights thereunder, may
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.
Sec. 101.55 Considerations involving transfer or assignment
applications.
(a) Licenses may not be assigned or transferred prior to the
completion of construction of the facility. However, consent to the
assignment or transfer of control of such a license may be given prior
to the completion of construction where:
(1) The assignmen
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
t or transfer does not involve a substantial
change in or ownership or control of the authorized facilities; or
(2) The assignment or transfer of control is involuntary due to the
licensee's bankruptcy, death, or legal disability.
(b) The Commission will review a proposed transaction to determine
if the circumstances indicate ``trafficking'' in licenses whenever
applications (except those involving pro forma assignment or transfer
of control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities:
(1) Authorized following a comparative hearing and have been
operated less than one year;
(2) Involve facilities that have not been constructed; or
(3) Involve facilities that were authorized following a random
selection proceeding in which the successful applicant received
preference and that have been operated for less than one year.
(c) At its discretion, the Commission may require the submission of
an affirmative, factual showing (supported by affidavits of a person or
persons with personal knowledge thereof) to demonstrate that the
proposed assignor or transferor has not acquired an authorization or
operated a station for the principal purpose of profitable sale rather
than public service. This showing may include, for example, a
demonstration that the proposed assignment or transfer is due to
changed circumstances (described in detail) affecting the licensee
subsequent to the acquisition of the license, or that the proposed
transfer of radio facilities is incidental to a sale of other
facilities or merger of interests.
[[Page 26691]]
(d) If a proposed transfer of radio facilities is incidental to a
sale or other facilities or merger of interests, any showing requested
under paragraph (a) of this section must include an additional exhibit
that:
(1) Discloses complete details as to the sale of facilities or
merger of interests;
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of
interests; and
(3) Demonstrates that the amount of consideration assignable to the
facilities or business interests involved represents their fair market
value at the time of the transaction.
(e) For the purposes of this section, the one year period is
calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent
modifications;
(2) The date of consummation of an assignment or transfer, if the
station is acquired as the result of an assignment of license, or
transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (d)(1) and (2) of this section) if
the transaction involves a system (such as a Private Operational Fixed
Point-to-Point Microwave system) of two or more stations. (The median
date is that date so selected such that fifty percent of the
commencement dates of the total number of stations, when arranged in
chronological order, lie below it and fifty percent lie above it. When
the number of stations is an even number, the median date will be a
value half way between the two dates closest to the theoretical
median).
Sec. 101.57 Modification of station license.
(a) Except as provided in Sec. 101.59, no modification of a license
issued pursuant to this part (or the facilities described thereunder)
may be made except upon application to the Commission.
(b) No application for modification to extend a license
construction period will be granted for delays caused by lack of
financing or for lack of site availability. Applications for time
extensions for other reasons must include a verified statement from the
applicant showing that the licensee has made diligent efforts to
construct the facilities and:
(1) That additional time is required due to circumstances beyond
the applicant's control, in which case the applicant must describe such
circumstances and must set forth with specificity and justify the
precise extension period requested; or
(2) That there are unique and overriding public interest concerns
that justify such an extension, in which case the applicant must
identify such interests and must set forth and justify a precise
extension period.
(c) Notwithstanding the provisions of paragraph (b) of this
section, when a station license has been assigned or transferred
pursuant to Sec. 101.53, any extension of time will be limited so that
the time left to construct after Commission grant of the transfer or
assignment will be no more than the time remaining for construction at
the date of the filing of the application for transfer or assignment.
(d) Modification of license is required for the following changes
in authorized stations:
(1) Any change in frequencies used;
(2) Any change in antenna azimuth;
(3) Any change in antenna beamwidth;
(4) Any change in antenna or passive repeater location greater than
1 second or which involves a requirement for special aeronautical
study;
(5) Any change in antenna polarization;
(6) Any change in antenna height;
(7) Any change in the size of passive reflectors or repeaters
associated with the facilities of an authorized station;
(8) Any increase in emission bandwidth beyond that authorized;
(9) Any change in the type of emission;
(10) Any change in authorized equivalent isotropically radiated
power in excess of 3 dB (a 2-to-1 ratio); or
(11) Substitution of equipment having a greater frequency
tolerance.
(e) When the name of the licensee is changed (without changes in
the ownership, control, or corporate structure), or when the mailing
address is changed (without changing the authorized location of the
fixed station) a formal application for modification of license is not
required. However, the licensee must notify the Commission within
thirty days of the effective date of these changes. The notice, which
may be in letter form, must contain the name and address of the
licensee as they appear in the Commission's records, the new name or
address, the call signs and classes of all radio stations authorized to
the licensee under this part and the radio service in which each
station is authorized. The notice must be sent to the Federal
Communications Commission, Gettysburg, PA 17325 and a copy must be
maintained with the license of each station until a new license is
issued.
Sec. 101.59 Processing of applications for facility minor
modifications.
(a) Unless an applicant is notified to the contrary by the
Commission, as of the twenty-first day following the date of public
notice, any application that meets the requirements of paragraph (b) of
this section and proposes only the change specified in paragraph (c) of
this section will be deemed to have been authorized by the Commission.
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Private Operational Fixed Point-to-Point
Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, or Digital Electronic Message Services;
(2) The cumulative effect of all such applications made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section; and
(6) Written notice of such filing has been provided to all parties
otherwise required to be provided a prior coordination notice in
accordance with Sec. 101.103(d) or, in the Digital Electronic Message
Services, a copy of the application has been served on those who also
were served under Sec. 101.509.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In all radio services other than Digital Electronic Message
Service, any increase in equivalent isotropically radiated power is
less than 3 dB over the previously authorized output power, and in
Digital Electronic Message Service, any increase in equivalent
isotropically radiated power is 1.5 dB or less over the previously
authorized equivalent isotropically radiated power;
(ii) The necessary bandwidth is not increased beyond the previously
authorized bandwidth;
(2) Changes in the center line height of an antenna, provided that:
(i) In all radio services except the Digital Electronic Message
Service, any
[[Page 26692]]
increase in antenna height is less than 3.0 meters (10 feet) above the
previously authorized height;
(ii) In the Digital Electronic Message Service, any increase in
antenna height is less than 3.0 meters (10 feet) above the previously
authorized height; and
(iii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters (20 feet) or less (above ground or man-made
structure, as appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station,
receive station or passive facility by five (5) seconds or less of
latitude, longitude or both, provided that when notice to the FAA of
proposed construction is required by part 17 of this chapter for
antenna structure at the previously authorized coordinates (or will be
required at the new location) the applicant must comply with the
provisions of Sec. 101.21(a).
(d) Upon grant of an application under the procedure of this
section and at such time that construction begins, the applicant must
keep a complete copy of the application (including the filing date)
with the station license if construction begins prior to receipt of the
authorization.
Sec. 101.61 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if the replacement
equipment is equivalent to the replaced equipment.
(b) Licensees of fixed stations in the Private Operational Fixed
Point-to-Point Microwave, Common Carrier Fixed Point-to-Point
Microwave, Local Television Transmission, or Digital Electronic Message
Services, may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) Frequency coordination procedures, as necessary, are complied
with in accordance with Sec. 101.103(d) or, in the Digital Electronic
Message Services, a copy of the notification described in paragraph
(b)(3) of this section is served on those who were served under
Sec. 101.509; and
(2) The cumulative effect of all facility changes made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section; and
(3) The Commission is notified of changes made to facilities by the
submission of a completed FCC Form 494 within thirty days after the
changes are made.
(c) Modifications that may be made without prior authorization
under paragraph (b) of this section are:
(1) Change or modification of a transmitter, when:
(i) The replacement or modified transmitter is type-accepted (or
type-notified) for use under this part and is installed without
modification from the type-accepted (or type notified) configuration;
(ii) The type of modulation is not changed;
(iii) The frequency stability is equal to or better than the
previously authorized frequency stability; and
(iv) The necessary bandwidth and the output power do not exceed the
previously authorized values.
(2) Addition or deletion of a transmitter for protection without
changing the authorized power output (e.g. hot standby transmitters);
(3) Change to an antenna (other than any change involving a
periscope antenna system), when:
(i) For the Private Operational Fixed Point-to-Point Microwave,
Common Carrier Fixed Point-to-Point Microwave, and Local Television
Transmission Services, the new antenna conforms to the requirements of
Sec. 101.115 and has essentially the same or better radiation
characteristics than the previously authorized antenna;
(ii) For the Digital Electronic Message Service, the new antenna
conforms with Sec. 101.517 and the gain of the new antenna does not
exceed that of the previously authorized antenna by more than one dB in
any direction.
(4) Any technical changes that would decrease the effective
radiated power.
(5) Change to the height of an antenna system, when:
(i) The new center line height (measured at the center-of-
radiation) is within 1.5 meters of the previously
authorized height; and
(ii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 101.21(a).
(7) Changes in the azimuth of the center of the main lobe of
radiation of a point-to-point station's antenna by a maximum of one
degree.
(8) Changes to the transmission line and other devices between the
transmitter and the antenna when the effective radiated power of the
station is not increased by more than one dB.
(d) Licensees may notify the Commission of permissible changes or
correct erroneous information on a license not involving a major change
(i.e., a change that would be classified as a major amendment as
defined by Sec. 101.29) without obtaining prior Commission approval by
filing FCC Form 494.
Sec. 101.63 Period of construction; certification of completion of
construction.
(a) Each station authorized under this part must be in operation
within 18 months from the initial date of grant. Modification of an
operational station must be completed within 18 months of the date of
grant of the applicable modification request.
(b) Failure to timely begin operation means the authorization
cancels automatically and must be returned to the Commission.
(c) The frequencies associated with all point-to-multipoint
authorizations which have cancelled automatically or otherwise been
recovered by the Commission will again be made available for
reassignment on a date and under terms set forth by Public Notice.
(d) Requests for extension of time to be in operation may be
granted upon a showing of good cause, setting forth in detail the
applicant's reasons for failure to have the facility operating in the
prescribed period. Such requests must be submitted no later than 30
days prior to the end of the prescribed period to the Federal
Communications Commission, Gettysburg, PA 17325-7245.
(e) Construction of any station must be completed by the date
specified in the license as the termination date of the construction
period. Licensees who fail to complete construction must return their
authorization for cancellation within 5 days after the expiration of
the construction period specified on the license.
Sec. 101.65 Forfeiture and termination of station authorizations.
(a) A license will be automatically forfeited in whole or in part
without further notice to the licensee upon:
(1) The expiration of the construction period specified therein, or
after such additional time as may be authorized by the Commission;
(2) The expiration of the license period specified therein, unless
prior
[[Page 26693]]
thereto an application for renewal of such license has been filed with
the Commission; or
(3) The voluntary removal or alteration of the facilities, so as to
render the station not operational for a period of 30 days or more.
(b) A license forfeited in whole or in part under the provisions of
paragraph (a)(1) or (a)(2) of this section may be reinstated if the
Commission, in its discretion, determines that reinstatement would best
serve the public interest, convenience and necessity. Petitions for
reinstatement filed pursuant to this subsection will be considered only
if:
(1) The petition is filed within 30 days of the expiration date set
forth in paragraph (a)(1) or (a)(2) of this section, whichever is
applicable;
(2) The petition explains the failure to timely file such
notification or application as would have prevented automatic
forfeiture; and
(3) The petition sets forth with specificity the procedures which
have been established to insure timely filings in the future.
(c) A special temporary authorization will automatically terminate
upon the expiration date specified therein, or upon failure to comply
with any special terms or conditions set forth therein. Operation may
be extended beyond such termination date only after application and
upon specific authorization by the Commission.
(d) If a station licensed under this part discontinues operation on
a permanent basis, the licensee must forward the station license to the
Federal Communications Commission, Gettysburg, Pennsylvania 17325, for
cancellation. For purposes of this section, any station which has not
operated for one year or more is considered to have been permanently
discontinued. See Sec. 101.305 for additional rules regarding temporary
and permanent discontinuation of service.
Sec. 101.67 License period.
Licenses for stations authorized under this part will be issued for
a period not to exceed 10 years. Unless otherwise specified by the
Commission, the expiration of regular licenses shall be on the date
(month and day) selected by licensees in the year of expiration.
Sec. 101.69 Transition of the 2.11-2.13, and 2.16-2.18 GHz bands from
the Common Carrier Fixed Point-to-Point Microwave Services and the
1.85-1.99, 2.13-2.15, and 2.18-2.20 GHz bands from the Private
Operational Fixed Point-to-Point Microwave Service to emerging
technologies.
(a) Licensees proposing to implement services using emerging
technologies (ET Licensees) may negotiate with Common Carrier and
Private Operational Fixed Point-to-Point Microwave Service licensees
(Existing Licensees) in these bands for the purpose of agreeing to
terms under which the Existing Licensees would relocate their
operations to other fixed microwave bands or to other media, or
alternatively, would accept a sharing arrangement with the ET Licensee
that may result in an otherwise impermissible level of interference to
the existing licensee's operations. ET Licensees may also negotiate
agreements for relocation of the Existing Licensees' facilities within
the 2 GHz band in which all interested parties agree to the relocation
of the Existing Licensee's facilities elsewhere within these bands.
``All interested parties'' includes the incumbent licensee, the
emerging technology provider or representative requesting and paying
for the relocation, and any emerging technology licensee of the
spectrum to which the incumbent's facilities are to be relocated.
(b) Common Carrier and Private Operational Fixed Point-to-Point
Microwave Service licensees, with the exception of public safety
facilities defined in paragraph (f) of this section, in bands allocated
for licensed emerging technology services will maintain primary status
in these bands until two years after the Commission commences
acceptance of applications for an emerging technology service (two-year
voluntary negotiation period), and until one year after an emerging
technology service licensee initiates negotiations for relocation of
the fixed microwave licensee's operations (one-year mandatory
negotiation period) or, in bands allocated for unlicensed emerging
technology services, until one year after an emerging technology
unlicensed equipment supplier or representative initiates negotiations
for relocation of the fixed microwave licensee's operations (one-year
mandatory negotiation period). When it is necessary for an emerging
technology provider or representative of unlicensed device
manufacturers to negotiate with a fixed microwave licensee with
operations in spectrum adjacent to that of the emerging technology
provider, the transition schedule of the entity requesting the move
will apply. Public safety facilities defined in paragraph (f) of this
section will maintain primary status in these bands until three years
after the Commission commences acceptance of applications for an
emerging technology service (three-year voluntary negotiation period),
and until two years after an emerging technology service licensee or an
emerging technology unlicensed equipment supplier or representative
initiates negotiations for relocation of the fixed microwave licensee's
operations (two-year mandatory negotiation period).
(c) The Commission will amend the operation license of the Common
Carrier and Private Operational Fixed Point-to-Point Microwave Service
operator to secondary status only if the following requirements are
met:
(1) The service applicant, provider, licensee, or representative
using an emerging technology guarantees payment of all relocation
costs, including all engineering, equipment, site and FCC fees, as well
as any reasonable, additional costs that the relocated fixed microwave
licensee might incur as a result of operation in another fixed
microwave band or migration to another medium;
(2) The emerging technology service entity completes all activities
necessary for implementing the replacement facilities, including
engineering and cost analysis of the relocation procedure and, if radio
facilities are used, identifying and obtaining, on the incumbents'
behalf, new microwave frequencies and frequency coordination; and
(3) The emerging technology service entity builds the replacement
system and tests it for comparability with the existing 2 GHz system.
(d) The 2 GHz microwave licensee is not required to relocate until
the alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff.
(e) If within one year after the relocation to new facilities the 2
GHz microwave licensee demonstrates that the new facilities are not
comparable to the former facilities, the emerging technology service
entity must remedy the defects or pay to relocate the microwave
licensee back to its former or equivalent 2 GHz frequencies.
(f) Public safety facilities subject to the three-year voluntary
and two-year mandatory negotiation periods, are those that the majority
of communications carried are used for police, fire, or emergency
medical services operations involving safety of life and property. The
facilities within this exception are those facilities
[[Page 26694]]
currently licensed on a primary basis pursuant to the eligibility
requirements of Sec. 90.19 of this chapter, Police Radio Service;
Sec. 90.21 of this chapter, Fire Radio Service; Sec. 90.27 of this
chapter Emergency Medical Radio Service; and subpart C of part 90 of
this chapter, Special Emergency Radio Services. Licensees of other part
101 facilities licensed on a primary basis under the eligibility
requirements of subparts B and C, part 90 of this chapter, are
permitted to request similar treatment upon demonstrating that the
majority of the communications carried on those facilities are used for
operations involving safety of life and property.
Subpart C--Technical Standards
Sec. 101.101 Frequency availability.
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Radio service
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Frequency band (MHz) Broadcast auxiliary (Part Other (Parts 15, 21, 24,
Common carrier (Part 101) Private radio (Part 101) 74) 25, 74, 78 & 100) Notes
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928-929...................... ......................... MAS ......................... ........................ ..............
932.0-932.5.................. MAS MAS ......................... ........................ (1)
932.5-935.0.................. CC OFS ......................... ........................ (1)
941.0-941.5.................. MAS MAS ......................... ........................ (1)
941.5-944.0.................. CC OFS Aural BAS ........................ (1)
952-960...................... ......................... OFS/MAS ......................... ........................ ..............
1850-1990.................... ......................... OFS ......................... PCS ..............
2110-2130.................... CC ......................... ......................... PET ..............
72130-2150................... ......................... OFS ......................... PET ..............
2150-2160.................... ......................... OFS ......................... MDS ..............
2160-2180.................... CC ......................... ......................... ET ..............
2180-2200.................... ......................... OFS ......................... PET ..............
2450-2500.................... LTTS OFS TV BAS ISM F/M/TF
2650-2690.................... ......................... OFS ......................... MDS/ITFS ..............
3700-4200.................... CC LTTS OFS ......................... SAT ..............
5925-6425.................... CC LTTS OFS ......................... SAT ..............
6425-6525.................... LTTS OFS TV BAS CARS M
6525-6875.................... CC OFS ......................... ........................ F/TF
10,550-10,680................ CC DEMS OFS, DEMS ......................... ........................ ..............
10,700-11,700................ CC LTTS OFS ......................... SAT ..............
11,700-12,200................ LTTS ......................... ......................... SAT ..............
12,200-12,700................ ......................... OFS ......................... DBS ..............
12,700-13,250................ CC LTTS OFS TV BAS CARS F/M/TF
14,200-14,400................ LTTS ......................... ......................... SAT ..............
17,700-18,580................ CC OFS TV BAS SAT CARS ..............
18,580-18,820................ CC OFS Aural BAS SAT ..............
18,820-18,920................ DEMS OFS DEMS ......................... SAT ..............
18,920-19,160................ CC OFS Aural BAS SAT ..............
19,160-19,260................ DEMS OFS DEMS ......................... SAT ..............
19,260-19,700................ CC OFS TV BAS CARS SAT ..............
21,200-23,600................ CC LTTS OFS ......................... ........................ TF
27,500-29,500................ CC ......................... ......................... SAT ..............
31,000-31,300................ CC LTTS OFS TV BASCARS F/M/TF
38,600-40,000................ CC OFS TV BAS ........................ F/M/TF
--------------------------------------------------------------------------------------------------------------------------------------------------------
BAS: Broadcast Auxiliary Service--(Part 74).
CARS: Cable Television Relay Service --(Part 78).
CC: Common Carrier Fixed Point-to-Point Microwave Service--(Part 101, Subparts C & I).
DBS: Direct Broadcast Satellite--(Part 100).
DEMS: Digital Electronic Message Service--(Part 101, Subpart G).
ET: Emerging Technologies (per ET Dkt. No. 92-9, not yet assigned).
ISM: Industrial, Scientific & Medical--(Part 18).
ITFS: Instructional Television Fixed Service--(Part 74)
LTTS: Local Television Transmission Service--(Part 101, Subpart J).
MAS: Multipoint Address System--(Part 101).7MDS: Multipoint Distribution Service--(Part 21).7OFS: Private Operational Fixed Point-to-Point Microwave
Service--(Part 101, Subparts C & H).
PCS: Personal Communications Service--(Part 24).
SAT: Fixed Satellite Service--(Part 25).
Notes:
F--Fixed. M--Mobile. TF--Temporary Fixed.
(1)--Applications for frequencies in the 932.5-935/941.5-944 MHz bands may be filed initially during a one-week period to be announced by public notice.
After these applications have been processed, the Commission will announce by public notice a filing date for remaining frequencies. From this filing
date forward, applications will be processed on a daily first-come, first-served basis.
Sec. 101.103 Frequency coordination procedures.
(a) Assignment of frequencies will be made only in such a manner as
to facilitate the rendition of communication service on an
interference-free basis in each service area. Unless otherwise
indicated, each frequency available for use by stations in these
services will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in these
services must cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more
radio systems and such interference
[[Page 26695]]
cannot be resolved between the licensees thereof, the Commission may
specify a time sharing arrangement for the stations involved or may,
after notice and opportunity for hearing, require the licensees to make
such changes in operating techniques or equipment as it may deem
necessary to avoid such interference.
(b) The provisions of this section do not apply to operations in
the band 31.0 to 31.3 GHz. Operations in this band are unprotected and
subject to harmful interference from other licensed operations in this
band.
(c) Frequency diversity transmission will not be authorized in
these services in the absence of a factual showing that the required
communications cannot practically be achieved by other means. Where
frequency diversity is deemed to be justified on a protection channel
basis, it will be limited to one protection channel for the bands
3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one
protection channel for three working channels for the bands 10,550-
10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425,
and 6525-6875 MHz, no frequency diversity protection channel will be
authorized unless there is a minimum of three working channels, except
that where a substantial showing is made that a total of three working
channels will be required within three years, a protection channel may
be authorized simultaneously with the first working channel. A
protection channel authorized under such exception will be subject to
termination if applications for the third working channel are not filed
within three years of the grant date of the applications for the first
working channel. Where equipment employing digital modulation
techniques with cross-polarized operation on the same frequency is
used, the protection channel authorized under the above conditions may
be considered to consist of both polarizations of the protection
frequency where such is shown to be necessary.
(d) Frequency coordination. For each frequency authorized under
this part, the following frequency usage coordination procedures will
apply:
(1) General requirements. Proposed frequency usage must be prior
coordinated with existing licensees, permittees and applicants in the
area, and other applicants with previously filed applications, whose
facilities could affect or be affected by the new proposal in terms of
frequency interference on active channels, applied-for channels, or
channels coordinated for future growth. Coordination must be completed
prior to filing an application for regular authorization, or an
amendment to a pending application, or any major modification to a
license. In coordinating frequency usage with stations in the fixed
satellite service, applicants must also comply with the requirements of
Sec. 101.21(f). In engineering a system or modification thereto, the
applicant must, by appropriate studies and analyses, select sites,
transmitters, antennas and frequencies that will avoid interference in
excess of permissible levels to other users. All applicants and
licensees must cooperate fully and make reasonable efforts to resolve
technical problems and conflicts that may inhibit the most effective
and efficient use of the radio spectrum; however, the party being
coordinated with is not obligated to suggest changes or re-engineer a
proposal in cases involving conflicts. Applicants should make every
reasonable effort to avoid blocking the growth of systems as prior
coordinated. The applicant must identify in the application all
entities with which the technical proposal was coordinated. In the
event that technical problems are not resolved, an explanation must be
submitted with the application. Where technical problems are resolved
by an agreement or operating arrangement between the parties that would
require special procedures be taken to reduce the likelihood of
interference in excess of permissible levels (such as the use of
artificial site shielding) or would result in a reduction of quality or
capacity of either system, the details thereof may be contained in the
application.
(2) Coordination procedure guidelines are as follows:
(i) Coordination involves two separate elements: notification and
response. Both or either may be oral or in written form. To be
acceptable for filing, all applications and major technical amendments
must certify that coordination, including response, has been completed.
The names of the licensees, permittees and applicants with coordinated
proposals, applicants, permittees, and licensees with which
coordination was accomplished must be specified. If such notice and/or
response is oral, the party providing such notice or response must
supply written documentation of the communication upon request;
(ii) Notification must include relevant technical details of the
proposal. At minimum, this should include, as applicable, the
following:
Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power,
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain and, if required, a
radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and
ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
Note: The position location of antenna sites shall be determined
to an accuracy of no less than 1 second in the
horizontal dimensions (latitude and longitude) and 1
meter in the vertical dimension (ground elevation) with respect to
the National Spacial Reference System.
(iii) For transmitters employing digital modulation techniques, the
notification should clearly identify the type of modulation. Upon
request, additional details of the operating characteristics of the
equipment must also be furnished;
(iv) Response to notification should be made as quickly as
possible, even if no technical problems are anticipated. Any response
to notification indicating potential interference must specify the
technical details and must be provided to the applicant, in writing,
within the 30-day notification period. Every reasonable effort should
be made by all applicants, permittees and licensees to eliminate all
problems and conflicts. If no response to notification is received
within 30 days, the applicant will be deemed to have made reasonable
efforts to coordinate and may file its application without a response;
(v) The 30-day notification period is calculated from the date of
receipt by the applicant, permittee, or licensee being notified. If
notification is by mail, this date may be ascertained by:
(A) The return receipt on certified mail;
(B) The enclosure of a card to be dated and returned by the
recipient; or
(C) A conservative estimate of the time required for the mail to
reach its destination. In the last case, the estimated date when the
30-day period would expire should be stated in the notification.
(vi) An expedited prior coordination period (less than 30 days) may
be requested when deemed necessary by a notifying party. The
coordination notice should be identified as ``expedited'' and
[[Page 26696]]
the requested response date should be clearly indicated. However,
circumstances preventing a timely response from the receiving party
should be accommodated accordingly. It is the responsibility of the
notifying party to receive written concurrence (or verbal, with written
to follow) from affected parties or their coordination representatives.
(vii) All technical problems that come to light during coordination
must be resolved unless a statement is included with the application to
the effect that the applicant is unable or unwilling to resolve the
conflict and briefly the reason therefor;
(viii) Where a number of technical changes become necessary for a
system during the course of coordination, an attempt should be made to
minimize the number of separate notifications for these changes. Where
the changes are incorporated into a completely revised notice, the
items that were changed from the previous notice should be identified.
When changes are not numerous or complex, the party receiving the
changed notification should make an effort to respond in less than 30
days. When the notifying party believes a shorter response time is
reasonable and appropriate, it may be helpful for that party to so
indicate in the notice and perhaps suggest a response date;
(ix) If, after coordination is successfully completed, it is
determined that a subsequent change could have no impact on some
parties receiving the original notification, these parties must be
notified of the change and of the coordinator's opinion that no
response is required;
(x) Applicants, permittees and licensees should supply to all other
applicants, permittees and licensees within their areas of operations,
the name, address and telephone number of their coordination
representatives. Upon request from coordinating applicants, permittees
and licensees, data and information concerning existing or proposed
facilities and future growth plans in the area of interest should be
furnished unless such request is unreasonable or would impose a
significant burden in compilation;
(xi) Parties should keep other parties with whom they are
coordinating advised of changes in plans for facilities previously
coordinated. If applications have not been filed 6 months after
coordination was initiated, parties may assume that such frequency use
is no longer desired unless a second notification has been received
within 10 days of the end of the 6 month period. Renewal notifications
are to be sent to all originally notified parties, even if coordination
has not been successfully completed with those parties; and
(xii) Any frequency reserved by a licensee for future use in the
bands subject to this part must be released for use by another
licensee, permittee or applicant upon a showing by the latter that it
requires an additional frequency and cannot coordinate one that is not
reserved for future use.
(e) Where frequency conflicts arise between co-pending applications
in the Private Operational Fixed Point-to-Point Microwave, Common
Carrier Fixed Point-to-Point Microwave and Local Television
Transmission Services, it is the obligation of the later filing
applicant to amend his application to remove the conflict, unless it
can make a showing that the conflict cannot be reasonably eliminated.
Where a frequency conflict is not resolved and no showing is submitted
as to why the conflict cannot be resolved, the Commission may grant the
first filed application and dismiss the later filed application(s)
after giving the later filing applicant(s) 30 days to respond to the
proposed action.
(f) When the proposed facilities are to be operated in the band
12,500-12,700 MHz, applications must also follow the procedures in
Sec. 101.21 and the technical standards and requirements of part 25 of
this chapter as regards licensees in the Communication-Satellite
Service.
Sec. 101.105 Interference protection criteria.
(a) The interference protection criteria for fixed stations subject
to this part are as follows:
(1) To long-haul analog systems, employing frequency modulated
radio and frequency division multiplexing to provide multiple voice
channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not
exceed 5 pwpO (Picowatts of absolute noise power psophometrically
weighted (pwpO), appearing in an equivalent voice band channel of 300-
3400 Hz); or
(ii) Due to co-channel carrier-beat interference must not exceed 50
pwpO.
(2) To short-haul analog systems employing frequency modulated
radio and frequency division multiplexing to provide multiple voice
channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not
exceed 25 pwpO except in the 952-960 MHz band interference into single
link fixed relay and control stations must not exceed 250 pwpO per
exposure; or
(ii) Due to co-channel carrier-beat interference must not exceed 50
pwpO except in the 952-960 MHz band interference into single link fixed
relay and control stations must not exceed 1000 pwpO per exposure.
(3) FM-TV. In analog systems employing frequency modulated radio
that is modulated by a standard, television (visual) signal, the
allowable interference level per exposure may not exceed the levels
which would apply to long-haul or short-haul FM-FDM systems, as
outlined in paragraphs (b) (1) and (2) of this section, having a 600-
1200 voice channel capacity.
(b) In addition to the requirements of paragraph (a) of this
section the adjacent channel interference protection criteria to be
afforded, regardless of system length, or type of modulation,
multiplexing, or frequency band, must be such that the interfering
signal does not produce more than 1.0 dB degradation of the practical
threshold of the protected receiver. The ``practical threshold'' of the
protected receiver can be based upon the definition in TSB 10,
referenced in paragraph (c) of this section, or upon alternative
generally acceptable good engineering standards.
(c) Applying the Criteria.
(1) Guidelines for applying the interference protection criteria
for fixed stations subject to this part are specified in the
Telecommunications Industry Association's Telecommunications Systems
Bulletin TSB 10, ``Interference Criteria for Microwave Systems'' (TSB
10). Other procedures that follow generally acceptable good engineering
practices are also acceptable to the Commission.
(2) If TSB 10 guidelines cannot be used, the following interference
protection criteria may be used by calculating the ratio in dB between
the desired (carrier signal) and the undesired (interfering) signal (C/
I ratio) appearing at the input to the receiver under investigation
(victim receiver): Except as provided in Sec. 101.147 where the
applicants proposed facilities are of a type not included in paragraphs
(a) and (b) of this section or where the development of the carrier-to-
interference (C/I) ratio is not covered by generally acceptable
procedures, or where the applicant does not wish to develop the
carrier-to-interference ratio, the applicant must, in the absence of
criteria or a developed C/I ratio, employ the following C/I protection
ratios:
(i) Co-channel interference: Both sideband and carrier-beat,
applicable to all bands; the existing or previously authorized system
must be afforded a carrier to interfering signal protection ratio of at
least 90 dB except in the 952-
[[Page 26697]]
960 MHz band where it must be 75 dB; or
(ii) Adjacent channel interference: Applicable to all bands; the
existing or previously authorized system must be afforded a carrier to
interfering signal protection ratio of at least 56 dB.
(3) Applicants for frequencies listed in Sec. 101.147(b)(1) must
make the following showings that protection criteria have been met over
the entire service area of existing systems. Such showings may be made
by the applicant or may be satisfied by a statement from a frequency
coordinator.
(i) For multiple address stations in the 928-929/952-960 MHz bands,
a statement that the proposed system complies with the following co-
channel separations from all existing stations and pending
applications:
Fixed-to-fixed--145 km;
Fixed-to-mobile--113 km:
Mobile-to-mobile 81 km
Note to (3)(i): Multiple address systems employing only remote
stations will be treated as mobile for the purposes of determining
the appropriate separation. For mobile operation, the mileage is
measured from the reference point specified on the license
application. For fixed operation on subfrequencies in accordance
with Sec. 101.147 the mileage also is measured from the reference
point specified on the license application;
(ii) For multiple address stations in the 932-932.5/941-941.5 MHz
bands, a statement that the proposed system complies with the following
co-channel separation from all existing stations and pending
applications:
Fixed-to-fixed--113 Km
(iii) In cases where the geographic separation standard in
paragraphs (c)(3)(i) and (c)(3)(ii) of this section are not followed,
an engineering analysis must be submitted to show the coordination of
the proposed assignment with existing systems located closer than those
standards. The engineering analyses will include:
(A) Specification of the interference criteria and system
parameters used in the interference study;
(B) Nominal service areas of each system included in the
interference analysis.;
(C) Modified service areas resulting from the proposed system. The
propagation models used to establish the service boundary limits must
be specified and any special terrain features considered in computing
the interference impact should be described; and
(D) A statement that all parties affected have agreed to the
engineering analysis and will accept the calculated levels of
interference.
(4) Multiple address systems operating on subfrequencies in
accordance with Sec. 101.147 that propose to operate master stations at
unspecified locations must define the operating area by a radius about
a geographical coordinate and describe how interference to co-channel
users will be controlled.
(5) Multiple address frequencies in the 956 MHz band may be
assigned for use by mobile master stations on a primary basis. Multiple
address frequencies in the 952 MHz band may be assigned for use by
mobile master stations on a case-by-case basis. Mobile operation in the
952 MHz band will be on a secondary basis to fixed operations.
(6) Each application for new or modified nodal station on channels
numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band and all point-to-
multipoint channels in the 18 GHz band must demonstrate that all
existing co-channel stations are at least 56 kilometers from the
proposed nodal station site. Applicants for these channels must certify
that all licensees and applicants for stations on the adjacent channels
within 56 kilometers of the proposed nodal station have been notified
of the proposed station and do not object. Alternatively, or if one of
the affected adjacent channel interests does object, the applicant may
show that all affected adjacent channel parties are provided a C/I
protection ratio of 0 dB. An applicant proposing to operate at an AAT
greater than 91 meters must reduce its EIRP in accordance with the
following table; however, in no case may EIRP exceed 70 dBm on the 10.6
GHz channels.
------------------------------------------------------------------------
AAT (meters) EIRP dBm
------------------------------------------------------------------------
Above 300.................................................... +38
251 to 300................................................... 41
201 to 250................................................... 43
151 to 200................................................... 49
101 to 150................................................... 55
100 and below................................................ 85
------------------------------------------------------------------------
(7) Each application for new or modified nodal station on channels
numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an
analysis of the potential for harmful interference to all other
licensed and previously applied for co-channel and adjacent channel
station located within 80 kilometers of the location of the proposed
station. The criteria contained in Sec. 101.103(d)(2) must be used in
this analysis. Applicants must certify that copies of this analysis
have been served on all parties which might reasonably be expected to
receive interference above the levels set out in Sec. 101.103(d)(2)
within 5 days of the date the subject application is filed with the
Commission.
(8) If the potential interference will exceed the prescribed
limits, a statement shall be submitted with the application for new or
modified stations to the effect that all parties have agreed to accept
the higher level of interference.
(d) Effective August 1, 1985, when a fixed station that conforms to
the technical standards of this subpart (or, in the case of the 12,200-
12,700 MHz band, a direct broadcast satellite station) receives or will
receive interference in excess of the levels specified in this section
as a result of an existing licensee's use of non-conforming equipment
authorized between July 20, 1961 and July 1, 1976, and the interference
would not result if the interfering station's equipment complied with
the current technical standards, the licensee of the non-conforming
station must take whatever steps are necessary to correct the situation
up to the point of installing equipment which fully conforms to the
technical standards of this subpart. In such cases, if the engineering
analysis demonstrates that:
(1) The conforming station would receive interference from a non-
conforming station in excess of the levels specified in this section;
and
(2) The interference would be eliminated if the non-conforming
equipment were replaced with equipment which complies with the
standards of this subpart, the licensee (or prospective licensee) of
the station which would receive interference must provide written
notice of the potential interference to both the non-conforming
licensee and the Commission's office in Gettysburg, PA. The non-
conforming licensee must make all required equipment changes within 180
days from the date of official Commission notice informing the licensee
that it must upgrade its equipment, unless an alternative solution has
been agreed to by all parties involved in the interference situation.
If a non-conforming licensee fails to make all required changes within
the specified period of time, the Commission may require the licensee
to suspend operation until the changes are completed.
(e) Interference Dispute Resolution Procedures. Should a licensee
licensed under this part receive harmful interference from another
licensee licensed under this chapter, the parties involved shall comply
with the dispute resolution procedures set forth herein:
[[Page 26698]]
(1) The licensee experiencing the harmful interference shall notify
the licensee believed to be causing the harmful interference and shall
supply information describing its problem and supporting its claim;
(2) Upon receipt of the harmful interference notice, the licensee
alleged to be causing the harmful interference shall respond
immediately and make every reasonable effort to identify and resolve
the conflict; and
(3) Licensees are encouraged to resolve the harmful interference
prior to contacting the Commission.
Sec. 101.107 Frequency tolerance.
(a) The carrier frequency of each transmitter authorized in these
services must be maintained within the following percentage of the
reference frequency except as otherwise provided in paragraph (b) of
this section or in the applicable subpart of this part (unless
otherwise specified in the instrument of station authorization the
reference frequency will be deemed to be the assigned frequency):
------------------------------------------------------------------------
Frequency Tolerance (percent)
--------------------------------------
Mobile Mobile
Frequency (MHz) All fixed stations stations 3
and base over 3 watts or
stations watts less
------------------------------------------------------------------------
928 to 929 \2\ \5\............... 0.0005 ........... ...........
932 to 932.5 \2\................. 0.00015 ........... ...........
932.5 to 935 \2\................. 0.00025 ........... ...........
941 to 941.5..................... 0.00015 ........... ...........
941.5 to 944..................... 0.00025 ........... ...........
952 to 960 \7\................... ........... ........... ...........
944.0 to 1,000................... 0.0005 0.0005 0.0005
1,850 to 1,990................... 0.002 ........... ...........
2,110 to 2,200................... 0.001 ........... ...........
2,200 to 12,200 \1\ \3\.......... 0.005 0.005 0.005
2,450 to 2,500................... 0.001 ........... ...........
3,700 to 4,200................... 0.005 ........... ...........
5,925 to 6,875................... 0.005 ........... ...........
10,550 to 11,700................. 0.005 ........... ...........
12,200 to 13,250 \6\............. 0.005 ........... ...........
12,200 to 17,700................. 0.03 0.03 0.03
17,700 to 18,820 \4\ \5\......... 0.003 ........... ...........
18,820 to 18,920 \4\ \5\......... 0.001 ........... ...........
18,920 to 19,700 \4\ \5\......... 0.003 ........... ...........
19,700 to 40,000 \6\............. 0.03 0.03 0.03
------------------------------------------------------------------------
\1\ Applicable only to common carrier LTTS stations. Beginning Aug. 9,
1975, this tolerance will govern the marketing of LTTS equipment and
the issuance of all such authorizations for new radio equipment. Until
that date new equipment may be authorized with a frequency tolerance
of .03 percent in the frequency range 2,200 to 10,500 MHz and .05
percent in the range 10,500 MHz to 12,200 MHz, and equipment so
authorized may continue to be used for its life provided that it does
not cause interference to the operation of any other licensee.
\2\ Equipment authorized to be operated on frequencies between 890 and
940 MHz as of Oct. 15, 1956, must maintain a frequency tolerance
within 0.03 percent subject to the condition that no harmful
interference is caused to any other radio station.
\3\ See subpart G of this part for the stability requirements for
transmitters used in the Digital Electronic Message Service.
\4\ Existing type accepted equipment with a frequency tolerance of 0.03% may be marketed until December 1, 1988. Equipment
installed and operated prior to December 1, 1988 may continue to
operate after that date with a minimum frequency tolerance of 0.03%. However, the replacement of equipment requires that the
0.003% tolerance be met.
\5\ For remote stations with 12.5 KHz bandwidth, the tolerance is 0.00015%.
\6\ Applicable to private operational fixed point-to-point microwave
only. For exceptions see Sec. 101.147.
\7\ For private operational fixed point-to-point microwave systems, with
a channel greater than or equal to 50 KHz bandwidth, 0.0005%; for multiple address master stations, regardless of
bandwidth, 0.00015%; for multiple address remote stations
with 12.5 KHz bandwidths, 0.00015%; for multiple address
remote stations with channels greater than 12.5 KHz bandwidth, 0.0005%.
(b) Heterodyne microwave radio systems may be authorized at a
somewhat less restrictive frequency tolerance (up to .01 percent) to
compensate for frequency shift caused by numerous repeaters between
base band signal insertion. Where such relaxation is sought, applicant
must provide all calculations and indicate the desired tolerance over
each path. In such instances the radio transmitters and receivers used
must individually be capable of complying with the tolerance specified
in paragraph (a) of this section. Heterodyne operation is restricted to
channel bandwidth of 10 MHz or greater.
(c) As an additional requirement in any band where the Commission
makes assignments according to a specified channel plan, provisions
must be made to prevent the emission included within the occupied
bandwidth from radiating outside the assigned channel at a level
greater than that specified in Sec. 101.111.
Sec. 101.109 Bandwidth.
(a) Each authorization issued pursuant to these rules will show, as
the emission designator, a symbol representing the class of emission
which must be prefixed by a number specifying the necessary bandwidth.
This figure does not necessarily indicate the bandwidth actually
occupied by the emission at any instant. In those cases where part 2 of
this chapter does not provide a formula for the computation of the
necessary bandwidth, the occupied bandwidth may be used in the emission
designator.
(b) Stations in this service will be authorized any type of
emission, method of modulation, and transmission characteristic,
consistent with efficient use of the spectrum and good engineering
practice, except that Type B, damped-wave emission will not be
authorized.
(c) The maximum bandwidth which will be authorized per frequency
assigned is set out in the table that follows. Regardless of the
maximum authorized bandwidth specified for each frequency band, the
Commission reserves the right to issue a license for less than the
maximum bandwidth if it
[[Page 26699]]
appears that a lesser bandwidth would be sufficient to support an
applicant's intended communications.
------------------------------------------------------------------------
Frequency band (MHz) Maximum authorized bandwidth
------------------------------------------------------------------------
928 to 929................................ 25 KHz \1\ \6\
932 to 932.5, 941 to 941.5................ 12.5 KHz \1\
932.5 to 935, 941.5 to 944................ 200 KHz \1\
952 to 960................................ 200 KHz \1\ \5\
1,850 to 1,990............................ 10 MHz \1\
2,110 to 2,130............................ 3.5 MHz
2,130 to 2,150............................ 800 or 1600 KHz \1\
2,150 to 2,160............................ 10 MHz
2,160 to 2,180............................ 3.5 MHz
2,180 to 2,200............................ 800 or 1600 KHz \1\
2,450 to 2,483.5.......................... 625 KHz \2\
2,483.5 to 2,500.......................... 800 KHz
3,700 to 4,200............................ 20 MHz
5,925 to 6,425............................ 30 MHz \1\
6,425 to 6,525............................ 25 MHz
6,525 to 6,875............................ 10 MHz \1\
10,550 to 10,680.......................... 5 MHz \1\
10,700 to 11,700.......................... 40 MHz \1\
12,200 to 12,700.......................... 20 MHz \1\
13,200 to 13,250.......................... 25 MHz
17,700 to 18,140.......................... 220 MHz \1\
18,140 to 18,142.......................... 2 MHz
18,142 to 18,580.......................... 6 MHz
18,580 to 18,820.......................... 20 MHz \1\
18,820 to 18,920.......................... 10 MHz
18,920 to 19,160.......................... 20 MHz \1\
19,160 to 19,260.......................... 10 MHz
19,260 to 19,700.......................... 220 MHz \1\
21,200 to 23,600.......................... 100 MHz \4\
27,500 to 29,500.......................... 220 MHz
31,000 to 31,300.......................... 25 or 50 MHz
38,600 to 40,000.......................... 50 MHz Bands above 40,000
\3\
------------------------------------------------------------------------
\1\ The maximum bandwidth that will be authorized for each particular
frequency in this band is detailed in the appropriate frequency table
in Sec. 101.147.
\2\ 1250 KHz, 1875 KHz, or 2500 KHz on a case-by-case basis.
\3\ To be specified in authorization.
\4\ For exceptions, see Sec. 101.147(t).
\5\ A 12.5 KHz bandwidth applies only to frequencies listed in Sec.
101.147(b)(1).
\6\ For frequencies listed in Sec. 101.147(b)(1), consideration will be
given on a case-by-case basis to authorizing bandwidths up to 50 KHz.
Sec. 101.111 Emission limitations.
(a) The mean power of emissions must be attenuated below the mean
output power of the transmitter in accordance with the following
schedule:
(1) When using transmissions other than those employing digital
modulation techniques:
(i) On any frequency removed from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth: At least 25 decibels;
(ii) On any frequency removed from the assigned frequency by more
than 100 percent up to and including 250 percent of the authorized
bandwidth: At least 35 decibels;
(iii) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: At least 43+10 Log10
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.
(2) When using transmissions employing digital modulation
techniques (see Sec. 101.141(b)) in situations not covered in this
section:
(i) For operating frequencies below 15 GHz, in any 4 KHz band, the
center frequency of which is removed from the assigned frequency by
more than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 50 decibels:
A=35+0.8(P-50)+10 Log10B. (Attenuation greater than 80 decibels is
not required.)
where:
A=Attenuation (in decibels) below the mean output power level.
P=Percent removed from the carrier frequency.
B=Authorized bandwidth in MHz.
(ii) For operating frequencies above 15 GHz, in any 1 MHz band, the
center frequency of which is removed from the assigned frequency by
more than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 11 decibels:
A=11+0.4(P-50)+10 Log10B. (Attenuation greater than 56 decibels is
not required.)
(iii) In any 4 KHz band, the center frequency of which is removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: At least 43+10 Log10 (mean output power in watts)
decibels, or 80 decibels, whichever is the lesser attenuation.
(3) For Digital Termination System channels used in the Digital
Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz
band:
(i) In any 4 KHz band, the center frequency of which is removed
from the edge of the DEMS channel by up to and including 1.125 times
the DEMS subchannel bandwidth: As specified by the following equation
may in no event be less than 50+10 log10 N decibels:
A=50+0.0333 (F-0.5B)+10 log10 N decibels
Where:
A=Attenuation (in decibels) below means output power level contained
within the DEMS channel for a given polarization.
B=Bandwidth of DEMS channel (in KHz).
F=Absolute value of the difference between the center frequency of the
4 KHz band measured and the center frequency of the DEMS channel (in
KHz).
N=Number of active subchannels of the given polarization within the
DEMS channel.
(ii) In any 4 KHz band within the authorized DEMS band the center
frequency of which is removed from the center frequency of the DEMS
channel by more than the sum of 50% of the DEMS channel bandwidth plus
1.125 times the subchannel bandwidth: As specified by the following
equation but in no event less than 80 decibels:
A=80+10 log10 N decibels
(iii) In any 4 KHz band the center frequency of which is outside
the authorized DEMS band: At least 43+10 log10 (mean output power
in watts) decibels.
(4) For Digital Termination System channels used in the Digital
Electronic Message Service (DEMS) operating in the 17,700-19,700 MHz
band:
(i) In any 4 KHz band, the center frequency of which is removed
from the frequency of the center of the DEMS channel by more than 50
percent of the DEMS channel bandwidth up to and including 50 percent
plus 500 KHz: As specified by the following equation but in no event be
less than 50+10 log10 N decibels:
A=50+0.06 (F-0.5B)+10 log10 N decibels
Where:
A=Attenuation (in decibels) below means output power level contained
within the DEMS channel for a given polarization.
B=Bandwidth of DEMS channel (in KHz).
F=Absolute value of the difference between the center frequency of the
4 KHz band measured and the center frequency of the DEMS channel (in
KHz).
N=Number of active subchannels of the given polarization within the
DEMS channel.
(ii) In any 4 KHz band within the authorized DEMS band, the center
frequency of which is removed from the center frequency of the DEMS
channel by more than the sum of 50 percent of the channel bandwidth
plus 500 KHz: As specified by the following equation but in no event
less than 80 decibels:
A=80+10 log10 N decibels
(iii) In any 4 KHz band the center frequency of which is outside
the authorized Digital Message Service band: At least 43+10 log10
(mean output power in watts) decibels.
(5) When using transmissions employing digital modulation
techniques on the 900 MHz multiple address frequencies with a 12.5 KHz
[[Page 26700]]
bandwidth, the power of any emission must be attenuated below the
unmodulated carrier power of the transmitter (P) in accordance with the
following schedule:
(i) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz
up to and including 6.25 KHz: At least 53 log10 (fd/2.5) decibels;
(ii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz
up to and including 9.5 KHz: At least 103 log10 (fd/3.9) decibels;
(iii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz
up to and including 15 KHz: At least 157 log10 (fd/5.3) decibels;
and
(iv) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency greater than 15 KHz: At least 50
plus 10 log10(P) or 70 decibels, whichever is the lesser
attenuation.
(6) When using transmissions employing digital modulation
techniques on the 900 MHz multiple address frequencies with a bandwidth
greater than 12.5 KHz, the power of any emission must be attenuated
below the unmodulated carrier power of the transmitter (P) in
accordance with the following schedule:
(i) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up
to and including 10 KHz: At
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
least 83 log10 (fd/5) decibels;
(ii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz
up to and including 250 percent of the authorized bandwidth: At least
116 log10 (fd/6.1) decibels or 50 plus 10 log10 (P) or 70
decibels, whichever is the lesser attenuation; and
(iii) On any frequency removed from the center of the authorized
bandwidth by more that 250 percent of the authorized bandwidth: At
least 43 plus 10 log10 (output power in watts) decibels or 80
decibels, whichever is the lesser attenuation.
(b) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in paragraph (a) of this section.
(c) The emission of an unmodulated carrier is prohibited except for
test purposes as required for proper station and system maintenance.
Sec. 101.113 Transmitter power limitations.
(a) On any authorized frequency, the average power delivered to an
antenna in this service must be the minimum amount of power necessary
to carry out the communications desired. Application of this principle
includes, but is not to be limited to, requiring a licensee who
replaces one or more of its antennas with larger antennas to reduce its
antenna input power by an amount appropriate to compensate for the
increased primary lobe gain of the replacement antenna(s). In no event
shall the average equivalent isotropically radiated power (EIRP), as
referenced to an isotropic radiator, exceed the values specified below.
In cases of harmful interference, the Commission may, after notice and
opportunity for hearing, order a change in the effective radiated power
of this station. Further, the output power of a transmitter on any
authorized frequency in this service may not exceed the following:
------------------------------------------------------------------------
Maximum allowable
EIRP \1\ \2\
Frequency Band (MHz) ---------------------
Fixed Mobile
(dBW) (dBW)
------------------------------------------------------------------------
928.0 to 929.0.................................... +17 .........
932.0 to 932.5.................................... +17 .........
932.5 to 935.0.................................... +40 .........
941.0 to 941.5.................................... +30 .........
941.5 to 944.0.................................... +40 .........
952.0 to 960.0 \2\................................ +40 .........
1,850 to 1,990.................................... +45 .........
2,110 to 2,130.................................... +45 .........
2,130 to 2,150.................................... +45 .........
2,150 to 2,160 \3\................................ +45 .........
2,160 to 2,180 \3\................................ +45 .........
2,180 to 2,200.................................... +45 .........
2,450 to 2,500.................................... +45 .........
2,500 to 2,686 \4\................................ ......... .........
2,686 to 2,690 \4\................................ +45 .........
3,700 to 4,200.................................... +55 .........
5,925 to 6,425 \4\................................ +55 .........
6,425 to 6,525 \4\................................ ......... +35
6,525 to 6,875 \4\................................ +55 .........
10,550 to 10,680 \5\.............................. +55 .........
10,700 to 11,700.................................. +55 .........
12,200 to 12,700.................................. +50 .........
12,700 to 13,250 \4\.............................. +50 .........
17,700 to 18,600.................................. +55 .........
18,600 to 18,800 \6\.............................. +35 .........
18,800 to 19,700.................................. +55 .........
21,200 to 23,600 \7\.............................. \5\ +55 .........
27,500 to 29,500.................................. +55 .........
31,000 to 31,300.................................. (\8\) (\8\)
38,600 to 40,000.................................. +55 .........
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiple address operations, see Sec. 101.147. Remote alarm
units that are part of a multiple address central station protection
system are authorized a maximum of 2 watts.
\3\ When an omnidirectional antenna is authorized in the 2150-2160 MHz
band, the maximum power shall be 60 dBm.
\4\ Also, see Sec. 101.145.
\5\ The output power of a DEMS System nodal transmitter shall not exceed
0.5 watts per 250 KHz. The output power of a DEMS System user
transmitter shall not exceed 0.04 watts per 250 KHz. The transmitter
power in terms of the watts specified is the peak envelope power of
the emission measured at the associated antenna input port. The
operating power shall not exceed the authorized power by more than 10
percent of the authorized power in watts at any time.
\6\ Maximum power delivered to the antenna shall not exceed -3 dBW.
\7\ Also, see Sec. 101.147(t).
\8\ The maximum transmit power is 0.05 watts.
(b) The power of transmitters that use Automatic Transmitter Power
Control shall not exceed the power input or output specified in the
instrument of station authorization. The power of non-ATPC transmitters
shall be maintained as near as practicable to the power input or output
specified in the instrument of station authorization.
Sec. 101.115 Directional antennas.
(a) Unless otherwise authorized upon specific request by the
applicant, each station authorized under the rules of this part must
employ a directional antenna adjusted with the center of the major lobe
of radiation in the horizontal plane directed toward the receiving
station with which it communicates: provided, however, where a station
communicates with more than one point, a multi- or omni-directional
antenna may be authorized if necessary. New Periscope antenna systems
will not, under ordinary circumstances, be authorized.
(b) Stations operating below 932.5 MHz that are required to use
directional antennas must employ antennas meeting the standards
indicated below. (Maximum beamwidth is for the major lobe of radiation
at the half power points. Suppression is the minimum attenuation
required for any secondary lobe signal and is referenced to the maximum
signal in the main lobe.)
------------------------------------------------------------------------
Maximum
Frequency range beamwidth Suppression
(degrees) (dB)
------------------------------------------------------------------------
512 to 932.5 MHz................................ 20 13
------------------------------------------------------------------------
(c) Fixed stations (other than temporary fixed stations and DEMS
nodal stations) operating at 932.5 MHz or higher must employ
transmitting and receiving antennas (excluding second receiving
antennas for operations such as space diversity) meeting the
appropriate performance Standard A indicated below, except that in
areas not subjected to frequency congestion antennas meeting
performance Standard B may be used subject to the
[[Page 26701]]
requirements set forth in paragraph (d) of this section.
Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum Minimum radiation suppression to angle in degrees from centerline of main
beam beam in decibels
width to Minimum ----------------------------------------------------------------------------
3 dB antenna
Frequency (MHz) Category points gain 10 deg. 15 deg. 20 deg. 30 deg. 100 deg. 140 deg.
(included (dbi) 5 deg. to to 15 to 20 to 30 to 100 to 140 to 180
angles in 10 deg.* deg.* deg.* deg.* deg.* deg.* deg.*
degrees)
--------------------------------------------------------------------------------------------------------------------------------------------------------
932.5 to 935....................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
941.5 to 944....................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
952 to 960 8, 9.................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
1,850 to 2,500 \11\ A 5.0 N/A 12 18 22 25 29 33 39
B 8.0 N/A 5 18 20 20 25 28 36
3,700 to 4,200..................... A N/A 36 23 29 33 36 42 55 55
B N/A 36 20 24 28 32 32 32 32
5,925 to 6,425 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 21 25 29 32 35 39 45
5,925 to 6,425 \6\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
6,525 to 6,875 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 21 25 29 32 35 39 45
6,525 to 6,875 \6\ A 1.5 N/A 26 29 32 34 38 41 49
B 2.0 N/A 21 25 29 32 35 39 45
10,550 to 10,680 4, 5 A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 35 39
10,550 to 10,680 \6\ A 3.4 34 20 24 28 32 35 55 55
B 3.4 34 20 24 28 32 35 35 39
10,565 to 10,615 \7\ N/A 360 N/A N/A N/A N/A N/A N/A N/A N/A
10,630 to 10,680 \7\ N/A N/A 34 20 24 28 32 35 36 36
10,700 to 11,700 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
12,200 to 13,250 \12\ A 1.0 N/A 23 28 35 39 41 42 50
B 2.0 N/A 20 25 28 30 32 37 47
17,700 to 18,820 A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
18,920 to 19,700 \1\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
21,200 to 23,600 \10\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
31,000 to 31,300 2, 3 N/A 4.0 38 N/A N/A N/A N/A N/A N/A N/A
Above 31,300....................... A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
*\1\ DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum beamwidth
requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards.
\2\ The minimum front-to-back ratio must be 38 dBi.
\3\ Mobile, except aeronautical mobile, stations need not comply with these standards.
\4\ Except for antennas between 140 deg. and 180 deg. authorized or pending on January 1, 1989, in the band 10,550 to 10,565 MHz for which minimum
radiation to suppression to angle (in degrees) from centerline of main beam is 36 decibels.
\5\ These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that date
are grandfathered and need not comply with these standards.
\6\ These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997.
\7\ These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993.
\8\ Except for Multiple Address System frequencies listed in where omnidirectional antennas may be used.
\9\ Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards: (i) The minimum on-
beam forward gain must be at least 10 dBi; and (ii) the minimum front-to-back ratio must be at least 20 dB.
\10\ Except as provided in Sec. 101.147(t). Note to paragraph (10): Stations must employ an antenna that meets the performance standards for Category
A, except that in areas not subject to frequency congestion, antennas meeting standards for Category B may be employed. Note, however, that the
Commission may require the use of high performance antennas where interference problems can be resolved by the use of such antennas.
\11\ Omnidirectional antennas may be authorized in the band 2150-2160 MHz.
\12\ Except for temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in Sec. 101.147(q).
(d) The Commission shall require the replacement of any antenna or
periscope antenna system of a permanent fixed station operating at
932.5 MHz or higher that does not meet performance Standard A specified
in paragraph (c) of this section, at the expense of the licensee
operating such antenna, upon a showing that said antenna causes or is
likely to cause interference to (or receive interference from) any
other authorized or applied for station whereas a higher performance
antenna is not likely to involve such interference. Antenna performance
is expected to meet the standards of paragraph (c) of this section for
parallel polarization. For cases of potential interference, an antenna
will
[[Page 26702]]
not be considered to meet Standard A unless the parallel polarization
performance for the discrimination angle involved meets the
requirements, even if the cross-polarization performance controls the
interference.
(e) In cases where passive reflectors are employed in conjunction
with transmitting antenna systems, the foregoing paragraphs of this
section also will be applicable. However, in such instances, the center
of the major lobe of radiation from the antenna normally must be
directed at the passive reflector, and the center of the major lobe of
radiation from the passive reflector directed toward the receiving
station with which it communicates.
(f) Periscope antennas used at an electric power facility plant
area will be excluded from the requirements of paragraph (c) of this
section on a case-by-case basis where technical considerations or
safety preclude the use of other types of antenna systems.
(g) In the event harmful interference is caused to the operation of
other stations, the Commission may, after notice and opportunity for
hearing, order changes to be made in the height, orientation, gain and
radiation pattern of the antenna system.
Sec. 101.117 Antenna polarization.
Except as set forth herein, stations operating in the radio
services included in this part are not limited as to the type of
polarization of the radiated signal, provided, however, that in the
event interference in excess of permissible levels is caused to the
operation of other stations the Commission may, after notice and
opportunity for hearing, order the licensee to change the polarization
of the radiated signal. No change in polarization may be made without
prior authorization from the Commission. Unless otherwise allowed, only
linear polarization (horizontal or vertical) shall be used.
Sec. 101.119 Simultaneous use of common antenna structures.
The simultaneous use of common antenna structures by more than one
radio station, or by one of more domestic public radio stations and one
or more stations of any other class or service, may be authorized:
provided, however, that each licensee or user of any such structure is
responsible for maintaining the structure, and for painting and
illuminating the structure when obstruction marking is required by the
Commission. (See Sec. 101.21(a).)
Sec. 101.121 Marking of antenna structures.
The owner of each antenna structure required to be painted and/or
illuminated under the provision of section 303(q) of the Communications
Act of 1934, as amended, shall operate and maintain the antenna
structure painting and lighting in accordance with part 17 of this
chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting. For
complete regulations relative to antenna marking requirements, see part
17 of this chapter.
Sec. 101.123 Quiet zones.
Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to radio
frequency interference.
(a) In order to minimize possible harmful interference at the
National Radio Astronomy Observatory site located at Green Bank,
Pocohontas County, W. Va., and at the Naval Radio Research Observatory
site at Sugar Grove, Pendleton County, W. Va., any applicant for a
station authorization other than temporary-fixed seeking a station
license for a new station or to modify an existing station in a manner
which would change either the frequency, power, antenna height or
directivity, or location of such a station within the area boarded by
39 deg.15' N. on the north, 78 deg.30' W. on the east, 37 deg.30' N. on
the south, and 80 deg.30' W. on the west must at the time of filing
such application with the Commission, simultaneously notify the
Director, National Radio Astronomy Observatory, Post Office Box No. 2,
Green Bank, W. Va. 24944, in writing, of the technical particulars of
the proposed station. Such notification must include the geographical
coordinates of the antenna, antenna height, antenna directivity if any,
proposed frequency, type of emission and power. In addition, the
applicant must indicate in his application to the Commission the date
notification was made to the Observatory. After receipt of such
applications, the Commission will allow a period of twenty (20) days
for comments or objections in response to the notifications indicated.
If an objection to the proposed operation is received during the 20-day
period from the National Radio Astronomy Observatory for itself or on
behalf of the Naval Radio Research Observatory, the Commission will
consider all aspects of the problem and take whatever action is deemed
appropriate.
(b) Protection for Table Mountain Radio Receiving Zone, Boulder
County, Colorado. Applicants for a station authorization to operate in
the vicinity of Boulder County, Colorado under this part are advised to
give due consideration, prior to filing applications, to the need to
protect the Table Mountain Radio Receiving Zone from harmful
interference. These are the research laboratories of the Department of
Commerce, Boulder County, Colorado. To prevent degradation of the
present ambient radio signal level at the site, the Department of
Commerce seeks to ensure that the field strengths of any radiated
signals (excluding reflected signals) received on this 1800 acre site
(in the vicinity of coordinates 40 deg.07'50'' N. Latitude,
105 deg.14'40'' W. Longitude), resulting from new assignments or from
the modification or relocation of existing facilities do not exceed 1
mV/m in the authorized bandwidth of service. (A field strength of 1 mV/
m is equivalent to a power flux density of 85.8 dBW/M\2\ assuming a
free-space characteristic impedance of 376.7 ohms.)
(1) Advance consultation is recommended particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figures would be exceeded by their
proposed radio facilities. In such instances, the following is a
suggested guide for determining whether coordination is recommended:
(i) All stations within 2.4 km;
(ii) Stations within 4.8 km with 50 watts or more effective
radiated power (ERP) in the primary plane of polarization in the
azimuthal direction of the Table Mountain Receiving Zone;
(iii) Stations within 16 km with 1 kW or more ERP in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Receiving Zone; or
(iv) Stations within 80 km with 25 kW or more ERP in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Receiving Zone.
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services, NOAA/R/E5X2, Boulder Laboratories, Boulder CO 80303;
telephone (303) 497-6548, in advance of filing their applications with
the Commission.
(3) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants are
advised that such consultation can avoid objections from the Department
of Commerce or proceedings to modify any authorization which may be
granted which, in fact,
[[Page 26703]]
delivers a signal at the site in excess of the field strength specified
herein.
(c) Protection for Federal Communications Commission monitoring
stations:
(1) Applicants in the vicinity of an FCC monitoring station for a
radio station authorization to operate new transmitting facilities or
changed transmitting facilities which would increase the field strength
produced over the monitoring station over that previously authorized
are advised to give consideration, prior to filing applications, to the
possible need to protect the FCC stations from harmful interference.
Geographical coordinates of the facilities which require protection are
listed in Sec. 0.121(c) of this chapter. Applications for stations
(except mobile stations) which will produce on any frequency a direct
wave fundamental field strength of greater than 10 mV/m in the
authorized bandwidth of service (-65.8 dBW/m2 power flux density
assuming a free space characteristic impedance of 120 ohms) at the
referenced coordinates, may be examined to determine extent of possible
interference. Depending on the theoretical field strength value and
existing root-sum-square or other ambient radio field signal levels at
the indicated coordinates, a clause protecting the monitoring station
may be added to the station authorization.
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is
any question whether field strength levels might exceed the threshold
value, advance consultation with the FCC to discuss any protection
necessary should be considered. Prospective applicants may communicate
with: Chief, Compliance and Information Bureau, Federal Communications
Commission, Washington, DC 20554, Telephone (202) 418-1100.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether
an applicant should coordinate:
(i) All stations within 2.4 kilometers;
(ii) Stations within 4.8 kilometers with 50 watts or more average
effective radiated power (ERP) in the primary plane of polarization in
the azimuthal direction of the Monitoring Stations;
(iii) Stations within 16 kilometers with 1 kW or more average ERP
in the primary plane of polarization in the azimuthal direction of the
Monitoring Station; or
(iv) Stations within 80 kilometers with 25 kW or more average ERP
in the primary plane of polarization in the azimuthal direction of the
Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of this chapter and also meets the criteria outlined in
paragraphs (c)(2) and (c)(3) of this section.
(5) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants are
advised that such consultation can avoid objections from the Federal
Communications Commission or modification of any authorization which
will cause harmful interference.
Sec. 101.125 Temporary fixed antenna height restrictions.
The overall antenna structure heights employed by mobile stations
in the Local Television Transmission Service and by stations authorized
to operate at temporary fixed locations may not exceed the height
criteria set forth in Sec. 17.7 of this chapter, unless in each
instance, authorization for use of a specific maximum antenna height
(above ground and above mean sea level) for each location has been
obtained from the Commission prior to erection of the antenna. Requests
for such authorization must show the inclusive dates of the proposed
operation. (Complete information as to rules concerning the
construction, marking and lighting of antenna structures is contained
in part 17 of this chapter.)
Sec. 101.127 Topographical data.
Determining the location and height above sea level of the antenna
site, the elevation or contour intervals must be taken from United
States Geological Survey Topographic Quadrangle Maps, United States
Army Corps of Engineers maps or Tennessee Valley Authority maps,
whichever is the latest, for all areas for which such maps are
available. If such maps are not published for the area in question, the
next best topographic information should be used. Topographic data may
sometimes be obtained from State and municipal agencies. Data from
Sectional Aeronautical Charts (including bench marks) or railroad depot
elevations and highway elevations from road maps may be used where no
better information is available. In cases where limited topographic
data is available, use may be made of an altimeter in a car driven
along roads extending generally radially from the transmitter site. If
it appears necessary, additional data may be requested. United States
Geological Survey Topographic Quadrangle Maps may be obtained from the
Department of the Interior, Geological Survey, Washington, DC 20242.
Sectional Aeronautical Charts are available from the Department of
Commerce, Coast and Geodetic Survey, Washington, DC 20230.
Sec. 101.129 Transmitter location.
(a) The applicant must determine, prior to filing an application
for a radio station authorization, that the antenna site specified
therein is adequate to render the service proposed. In cases of
questionable antenna locations, it is desirable to conduct propagation
tests to indicate the field intensity which may be expected in the
principal areas or at the fixed points of communication to be served,
particularly where severe shadow problems may be expected. In
considering applications proposing the use of such locations, the
Commission may require site survey tests to be made pursuant to a
developmental authorization in the particular service concerned. In
such cases, propagation tests should be conducted in accordance with
recognized engineering methods and should be made with a transmitting
antenna simulating, as near as possible, the proposed antenna
installation. Full data obtained from such surveys and its analysis,
including a description of the methods used and the name, address and
qualifications of the engineer making the survey, must be supplied to
the Commission.
(b) Antenna structures should be so located and constructed as to
avoid making them hazardous to air navigation. (See part 17 of this
chapter for provisions relating to antenna structures.) Such
installation must be maintained in good structural condition together
with any required painting or lighting.
Sec. 101.131 Transmitter construction and installation.
(a) The equipment at the operating and transmitting positions must
be so installed and protected that it is not accessible to, or capable
of being operated by, persons other than those duly authorized by the
licensee.
(b) In any case where the maximum modulating frequency of a
transmitter is prescribed by the Commission, the transmitter must be
equipped with a low-pass or band-pass modulation filter
[[Page 26704]]
of suitable performance characteristics. In those cases where a
modulation limiter is employed, the modulation filter must be installed
between the transmitter stage in which limiting is effected and the
modulated stage of the transmitter.
(c) Each transmitter employed in these services must be equipped
with an appropriately labeled pilot lamp or meter which will provide
continuous visual indication at the transmitter when its control
circuits have been placed in a condition to activate the transmitter.
In addition, facilities must be provided at each transmitter to permit
the transmitter to be turned on and off independently of any remote
control circuits associated therewith.
(d) At each transmitter control point the following facilities must
be installed:
(1) A carrier operated device which will provide continuous visual
indication when the transmitter is radiating, or, in lieu thereof, a
pilot lamp or meter which will provide continuous visual indication
when the transmitter control circuits have been placed in a condition
to activate the transmitter; and
(2) Facilities which will permit the operator to turn transmitter
carrier on and off at will.
(e) Transmitter control circuits from any control point must be so
installed that grounding or shorting any line in the control circuit
will not cause the transmitter to radiate: provided, however, That this
provision will not be applicable to control circuits of stations which
normally operate with continuous radiation or to control circuits which
are under the effective operational control of responsible operating
personnel 24 hours per day.
Sec. 101.133 Limitations on use of transmitters.
(a) Transmitters licensed for operation in Common Carrier services
may be concurrently licensed or used for non-common carrier
communication purposes. Mobile units may be concurrently licensed or
used for non-common carrier communication purposes provided that the
transmitter is type-accepted for use in each service.
(b) Private operational fixed point-to-point microwave stations
authorized in this service may communicate with associated operational-
fixed stations and fixed receivers and with units of associated
stations in the mobile service licensed under Private Radio Service
rule parts. In addition, intercommunication is permitted with other
licensed stations and with U.S. Government stations in those cases
which require cooperation or coordination of activities or when
cooperative use arrangements in accordance with Sec. 101.135 are
contemplated; provided, however, that where communication is desired
with stations authorized to operate under the authority of a foreign
jurisdiction, prior approval of this Commission must be obtained; And
provided further, That the authority under which such other stations
operate does not prohibit the intercommunication.
(c) Two or more persons or governmental entities eligible for
private operational fixed point-to-point microwave licenses may use the
same transmitting equipment under the following terms and conditions:
(1) Each licensee complies with the general operating requirements
set out in this part;
(2) Each licensee is eligible for the frequency(ies) on which the
facility operates; and
(3) Each licensee must have the ability to access the
transmitter(s) that it is authorized to operate under the multiple
licensing arrangement.
Sec. 101.135 Shared use of radio stations and the offering of private
carrier service.
Licensees of Private Operational Fixed Point-to-Point Microwave
radio stations may share the use of their facilities on a non-profit
basis or may offer service on a for-profit private carrier basis,
subject to the following conditions and limitations:
(a) Persons or governmental entities licensed to operate radio
systems on any of the private radio frequencies set out in Sec. 101.101
may share such systems with, or provide private carrier service to, any
eligible for licensing under this part, regardless of individual
eligibility restrictions, provided that the communications being
carried are permissible under Sec. 101.603. In addition, persons or
governmental entities licensed to operate low power systems under the
provisions of Sec. 101.147(r)(10) may share such systems with, or
provide private carrier services to, Federal Government entities,
provided the communications carried are permissible under Sec. 101.603;
(b) The licensee must maintain access to and control over all
facilities authorized under its license;
(c) All sharing and private carrier arrangements must be conducted
pursuant to a written agreement to be kept as part of the station
records; and
(d) The licensee must keep an up-to-date list of system sharers and
private carrier subscribers and the basis of their eligibility under
this part. Such records must be kept current and must be made available
upon request for inspection by the Commission.
Sec. 101.137 Interconnection of private operational fixed point-to-
point microwave stations.
Private operational fixed point-to-point microwave stations may be
interconnected with facilities of common carriers subject to applicable
tariffs.
Sec. 101.139 Authorization of transmitters.
(a) Except for transmitters used at developmental stations or for
fixed point-to-point operation pursuant to subparts H and I of this
part, each transmitter must be a type which has been type accepted by
the Commission for use under the applicable rules of this part.
Transmitters used in the private operational fixed and common carrier
fixed point-to-point microwave services under subparts H and I of this
part must be of a type that has been either notified or type accepted
by the Commission (see Sec. 2.904(d) of this chapter). Effective March
5, 1984, only grants of notification will be issued for transmitters
used exclusively for fixed point-to-point operation. Transmitters
designed for use in the 31.0 to 31.3 GHz band will be authorized under
the notification procedure.
(b) Any manufacturer of a transmitter to be produced for use under
the rules of this part may request type acceptance or notification by
following the applicable procedures set forth in part 2 of this
chapter. Type accepted and notified transmitters are included in the
Commission's Radio Equipment List. Copies of this list are available
for inspection at the Commission's office in Washington, DC and at each
of its field offices.
(c) Type acceptance or notification for an individual transmitter
may also be requested by an applicant for a station authorization,
pursuant to the procedures set forth in part 2 of this chapter. An
individual transmitter will not normally be included in the Radio
Equipment List but will be enumerated on the station authorization.
(d) A transmitter presently shown on an instrument of
authorization, which operates on an assigned frequency in the 890-940
MHz band and has not been type accepted, may continue to be used by the
licensee without type acceptance provided such transmitter continues
otherwise to comply with the applicable rules and regulations of the
Commission.
(e) Type acceptance or notification is not required for portable
transmitters operating with peak output power not greater than 250 mW.
If operation of
[[Page 26705]]
such equipment causes harmful interference the FCC may, at its
discretion, require the licensee to take such corrective action as is
necessary to eliminate the interference.
(f) After July 15, 1996, the manufacture (except for export) or
importation of equipment employing digital modulation techniques in the
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz
bands must meet the minimum payload capacity requirements of
Sec. 101.141.
Sec. 101.141 Microwave modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 19.7 GHz must, with appropriate multiplex
equipment, comply with the following additional requirements:
(1) The bit rate, in bits per second, must be equal to or greater
than the bandwidth specified by the emission designator in Hertz (e.g.,
to be acceptable, equipment transmitting at a 20 Mb/s rate must not
require a bandwidth of greater than 20 MHz), except the bandwidth used
to calculate the minimum rate may not include any authorized guard
band.
Note to (a)(1): Systems authorized prior to December 1, 1988,
may install equipment after that date with no minimum bit rate.
(2) Equipment to be used for voice transmission placed in service,
authorized, or applied for on or before June 1, 1997 in the 2110 to
2130 and 2160 to 2180 MHz bands must be capable of satisfactory
operation within the authorized bandwidth to encode at least 96 voice
channels. Equipment placed in service, authorized, or applied for on or
before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and
10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of
satisfactory operation within the authorized bandwidth to encode at
least 1152 voice channels. These required loading levels may be reduced
by a factor of 1/N provided that N transmitters may be operated
satisfactorily, over the same radio path, within an authorized
bandwidth less than, or equal to, the maximum authorizable bandwidth
(e.g., the 1152 channel requirement may be reduced to 576 if two
transmitters can be satisfactorily operated over the same path within
the maximum bandwidth). Where type accepted equipment is designed to
operate on the same frequency in a cross polarized configuration to
meet the above capacity requirements, the Commission will require, at
the time additional transmitters are authorized, that both
polarizations of a frequency be used before a new frequency assignment
is made, unless a single transmitter installation was found to be
justified by the Commission at the time it authorized the first
transmitter.
(3) The following capacity and loading requirements must be met for
equipment applied for, authorized, and placed in service after June 1,
1997 in the 3700-4200 MHz (4 GHz), 5925-6425 and 6525-6875 MHz (6 GHz),
10,550-10,680 MHz (10 GHz), and 10,700-11,700 MHz (11 GHz) bands:
------------------------------------------------------------------------
Minimum
traffic
loading
Minimum payload
Nominal channel bandwidth payload (as Typical
(MHz) capacity percent utilization \2\
(Mbits/s) of
1 payload
capacity)
------------------------------------------------------------------------
0.400........................ 1.54 N/A 1 DS-1
0.800........................ 3.08 N/A 2 DS-1
1.25......................... 3.08 N/A 2 DS-1
1.60......................... 6.17 N/A 4 DS-1
2.50......................... 6.17 N/A 4 DS-1
3.75......................... 12.3 N/A 8 DS-1
5.0.......................... 18.5 N/A 12 DS-1
10.0......................... 44.7 \3\ 50 1 DS-3/STS-1
20.0......................... 89.4 \3\ 50 2 DS-3/STS-1
30.0 (11 GHz)................ 89.4 \3\ 50 2 DS-3/STS-1
30.0 (6 GHz)................. 134.1 \3\ 50 3 DS-3/STS-1
40.0......................... 134.1 \3\ 50 3 DS-3/STS-1
------------------------------------------------------------------------
\1\ Per polarization
\2\ DS and STS refer to the number of voice circuits a channel can
accommodate. 1 DS-1 = 24 voice circuits; 2 DS-1 = 48; 4 DS-1 = 96; 8
DS-1 = 192; 12 DS-1 = 288; 1 DS-3/STS-1 = 672; 2 DS-3/STS-1 = 1344; 3
DS-3/STS-1 = 2016.
\3\ This loading requirement must be met within 30 months of licensing.
If two transmitters simultaneously operate on the same frequency over
the same path, the requirement is reduced to 25 percent.
(4) If a transmitter is authorized to operate in a bandwidth that
is not listed in paragraph (a)(3) of this section, it must meet the
minimum payload capacity and traffic loading requirements of the next
largest channel bandwidth listed in the table; e.g., if the authorized
bandwidth is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/
s.
(5) Transmitters carrying digital motion video motion material are
exempt from the requirements specified in paragraphs (a)(2) and (a)(3)
of this section, provided that at least 50 percent of the payload is
digital video motion material and the minimum bit rate specified in
paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz
bands, concatenation of multiple contiguous channels is permitted for
channels of equal bandwidth on center frequencies, provided no other
channels are available and the minimum payload capacity requirements
are met.
(6) Digital systems using bandwidths of 10 MHz or larger will be
considered 50 percent loaded when the following condition is met: at
least 50 percent of their total DS-1 capacity is being used. A DS-1
channel is being used when it has been connected to a DS-0/DS-1
multiplexer. For non-DS-0 services, such as, but not limited to, video
or broadband data transmission, the next largest DS-1 equivalent will
be considered for the computation of a loading percentage.
(7) For digital systems, minimum payload capacities shall be
expressed in numbers of DS-1s, DS-3s or STS-1s. The payload capacity
required by the Commission shall correspond to commercially available
equipment.
[[Page 26706]]
(b) For purposes of compliance with the emission limitation
requirements of Sec. 101.111(a)(2) and the requirements of paragraph
(a) of this section, digital modulation techniques are considered as
being employed when digital modulation occupies 50 percent or more to
the total peak frequency deviation of a transmitted radio frequency
carrier. The total peak frequency deviation will be determined by
adding the deviation produced by the digital modulation signal and the
deviation produced by any frequency division multiplex (FDM) modulation
used. The deviation (D) produced by the FDM signal must be determined
in accordance with Sec. 2.202(f) of this chapter.
(c) Analog Modulation. Except for video transmission, an
application for an initial working channel for a given route will not
be accepted for filing where the anticipated loading (within five years
for voice, or other period subject to reasonable projection) is less
than the minimum specified for the following frequency bands. Absent
extraordinary circumstances, applications proposing additional
frequencies over existing routes will not be granted unless it is shown
that the traffic load will shortly exhaust the capacity of the existing
equipment. Where no construction of radio facilities is requested,
licensees must submit this evidence with their filing of any necessary
authority required pursuant to section 214 of the Communications Act
and part 63 of this chapter.
------------------------------------------------------------------------
Minimum
number of
voice
Frequency band (MHz) channels (4
KHz or
equivalent)
------------------------------------------------------------------------
3700 to 4200 (20 MHz bandwidth)............................ 900
5925 to 6425 (10 MHz bandwidth)............................ 300
5925 to 6425 (20 MHz bandwidth)............................ 600
5925 to 6425 (30 MHz bandwidth)............................ 900
6525 to 6875 (10 MHz bandwidth)............................ 300
10,700 to 11,700 (10 MHz bandwidth)........................ 300
10,700 to 11,700 (20 MHz bandwidth)........................ 600
10,700 to 11,700 (30 MHz bandwidth)........................ 900
10,700 to 11,700 (40 MHz bandwidth)........................ 900
------------------------------------------------------------------------
Sec. 101.143 Minimum path length requirements.
(a) The distance between end points of a fixed link in the private
operational fixed point-to-point and the common carrier fixed point-to-
point microwave services must equal or exceed the value set forth in
the table below or the EIRP must be reduced in accordance with the
equation set forth below:
------------------------------------------------------------------------
Minimum
Frequency band (MHz) path length
(km)
------------------------------------------------------------------------
Below 1,850................................................ N/A
1,850 to 7,125............................................. 17
10,550 to 13,250........................................... 5
Above 17,700............................................... N/A
------------------------------------------------------------------------
(b) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation:
EIRP = MAX EIRP--40*log(A/B) dBW
Where:
EIRP=Equivalent isotropically radiated power in dBW.
A=Minimum path length from the Table for the frequency band in
kilometers.
B=The actual path length in kilometers.
Note to paragraph (b): For transmitters using Automatic Transmit
Power Control, EIRP that corresponds to the maximum transmitter
power must satisfy this requirement.
(c) Upon an appropriate technical showing, applicants and licensees
unable to meet the minimum path length requirement may be granted an
exception to these requirements.
Note to paragraph (c): Links authorized prior to April 1, 1987,
need not comply with this requirement.
Sec. 101.145 Interference to geostationary-satellites.
These limitations are necessary to minimize the probability of
harmful interference to reception in the bands 2655-2690 MHz, 5925-6875
MHz, and 12.7-12.75 GHz on board geostationary-space stations in the
fixed-satellite service.
(a) Stations authorized prior to July 1, 1976 in the band 2655-2690
MHz, which exceed the power levels in paragraphs (a) and (b) of this
section are permitted to operate indefinitely, provided that the
operations of such stations does not result in harmful interference to
reception in these band on board geostationary space stations.
(b) 2655 to 2690 MHz and 5925 to 6875 MHz. No directional
transmitting antenna utilized by a fixed station operating in these
bands may be aimed within 2 degrees of the geostationary-satellite
orbit, taking into account atmospheric refraction. However, exception
may be made in unusual circumstances upon a showing that there is no
reasonable alternative to the transmission path proposed. If there is
no evidence that such exception would cause possible harmful
interference to an authorized satellite system, said transmission path
may be authorized on waiver basis where the maximum value of the
equivalent isotropically radiated power (EIRP) does not exceed:
(1) +47 dBW for any antenna beam directed within 0.5 degrees of the
stationary satellite orbit; or
(2) +47 to +55 dBW, on a linear decibel scale (8 dB per degree) for
any antenna beam directed between 0.5 degrees and 1.5 degrees of the
stationary orbit.
(c) 12.7 to 12.75 GHz. No directional transmitting antenna utilized
by a fixed station operating in this band may be aimed within 1.5
degrees of the geostationary-satellite orbit, taking into account
atmospheric refraction. However, exception may be made in unusual
circumstances upon a showing that there is no reasonable alternative to
the transmission path proposed. If there is no evidence that such
exception would cause possible harmful interference to an authorized
satellite system, said transmission path may be authorized on waiver
basis where the maximum value of the equivalent isotropically radiated
power (EIRP) does not exceed +45 dBW for any antenna beam directed
within 1.5 degrees of the stationary satellite orbit.
(d) Methods for calculating the azimuths to be avoided may be found
in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in ``Radio-
Relay Antenna Pointing for controlled Interference With Geostationary-
Satellites'' by C. W. Lundgren and A. S. May, Bell System Technical
Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in
``Geostationary Orbit Avoidance Computer Program'' by Richard G. Gould,
Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This
latter report is available through the National Technical Information
Service, U.S. Department of Commerce, Springfield, VA 22151, in printed
form (PB-211 500) or source card deck (PB-211 501).
Sec. 101.147 Frequency assignments.
(a) Frequencies in the following bands are available for assignment
to fixed radio point-to-point microwave stations.
928.0-929.0 MHz (22)
932.0-932.5 MHz (27)
932.5-935 MHz (17)
941.0-941.5 MHz (17) (18)
941.5-944 MHz (27)
952.0-960.0 MHz (22)
1,850-1,990 MHz (22)
2,110-2,130 MHz) (1) (3) (7) (20)
2,130-2,150 MHz (22)
[[Page 26707]]
2,150-2,160 MHz (22)
2,160-2,180 MHz (1) (2) (20) (21)
2,180-2,200 MHz (22)
2,450-2,500 MHz (22)
2,650-2,690 MHz (22)
3,700-4,200 MHz (8) (14) (25)
5,925-6,425 MHz (6) (14) (25)
6,425-6,525 MHz (24)
6,525-6,875 MHz (14)
10,550-10,680 MHz (19)
10,700-11,700 MHz (8) (9) (19) (25)
11,700-12,200 MHz (24)
12,200-12,500 MHz (22)
12,500-12,700 MHz (22)
12,700-13,200 MHz (22)
13,200-13,250 MHz (4) (24) (25)
14,200-14,400 MHz (24)
17,700-18,820 MHz (5) (10) (15)
18,820-18,920 MHz (22)
18,920-19,160 MHz (5 (10) (15)
19,160-19,260 MHz (22)
19,260-19,700 MHz (5) (10) (15)
21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26)
22,000-23,600 MHz (4) (11) (12) (24) (25) (26)
27,500-29,500 MHz (5)
31,000-31,300 MHz (16) (24)
38,600-40,000 MHz (4)
Bands Above 40,000 MHz
Notes
(1) Frequencies in this band are shared with control and
repeater stations in the Domestic Public Land Mobile Radio Service
and with stations in the International Fixed Public
Radiocommunication Services located south of 25 deg. 30' north
latitude in the State of Florida and U. S. possessions in the
Caribbean area. Additionally, the band 2160-2162 MHz is shared with
stations in the Multipoint Distribution Service.
(2) Except upon showing that no alternative frequencies are
available, no new assignments will be made in the band 2160-2162 MHz
for stations located within 80.5 kilometers (50 miles) of the
coordinates of the cities listed in Sec. ) 21.901(c) of this
chapter.
(3) Television transmission in this band is not authorized and
radio frequency channel widths may not exceed 3.5 MHz.
(4) Frequencies in this band are shared with fixed and mobile
stations licensed in other services.
(5) Frequencies in this band are shared with stations in the
fixed-satellite service.
(6) These frequencies are not available for assignment to mobile
earth stations.
(7) Frequencies in the band 2110-2120 MHz may be authorized on a
case-by-case basis to Government or non-Government space research
earth stations for telecommand purposes in connection with deep
space research.
(8) This frequency band is shared with station(s) in the Local
Television Transmission Service and, in the U.S. Possessions in the
Caribbean area, with stations in the International Fixed Public
Radiocommunications Services.
(9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared
with space stations (space to earth) in the fixed-satellite service.
(10) This band is co-equally shared with stations in the fixed
services under parts 74, 78 and 101 of this chapter.
(11) Frequencies in this band are shared with Government
stations.
(12) Assignments to common carriers in this band are normally
made in the segments 21.2-21.8 GHz and 22.4-23.8 GHz and to
operational fixed users in the segments 21.8-22.4 GHz and 23.0-23.6
GHz. Assignments may be made otherwise only upon a showing that no
interference free frequencies are available in the appropriate band
segments.
(13) Frequencies in this band are shared with stations in the
earth exploration satellite service (space to earth).
(14) Frequencies in this band are shared with stations in the
fixed-satellite and private operational fixed point-to-point
microwave services.
(15) Stations licensed as of September 9, 1983 to use
frequencies in the 17.7-19.7 GHz band may, upon proper application,
continue to be authorized for such operation.
(16) Frequencies in this band are co-equally shared with
stations in the Auxiliary Broadcasting, Cable Television Relay,
Private Operational Fixed Point-to-Point Microwave, and General
Mobile Radio Services. Use of this spectrum for direct delivery of
video programs to the general public or multi-channel cable
distribution is not permitted.
(17) Frequencies in these bands are shared with Government fixed
stations and stations in the Private Operational Fixed Point-to-
Point Microwave Service (part 101).
(18) Frequencies in the 942 to 944 MHz band are also shared with
broadcast auxiliary stations.
(19) Frequencies in this band are shared with stations in the
private-operational fixed point-to-point microwave service.
(20) New facilities in these bands will be licensed only on a
secondary basis. Facilities licensed or applied before January 16,
1992, are permitted to make modifications and minor extensions and
retain their primary status.
(21) Any authorization of additional stations to use the 2160-
2162 MHz band for Multipoint Distribution Service applied for after
January 16, 1992, will be secondary to use of the band for emerging
technology services.
(22) Frequencies in these bands are for the exclusive use of
Private Operational Fixed Point-to-Point Microwave Service (part
101).
(23) Frequencies in these bands are for the exclusive use of
Common Carrier Fixed Point-to-Point Microwave Service (part 101).
(24) Frequencies in these bands are available for assignment to
television pickup and television non-broadcast pickup stations. The
maximum power for the local television transmission service in the
14.2-14.4 GHz band is +45 dBW except that operations are not
permitted within 1.5 degrees of the geostationary orbit.
(25) Frequencies in these bands are available for assignment to
television STL stations.
(26) Frequency pairs 21.825/23.025 GHz, 21.875/23.075 GHz,
21.925/23.125 GHz, and 21.975/23.175 GHz may be authorized for low
power, limited coverage, systems subject to the provisions of
paragraph (s) of this section.
(27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz
bands are shared with Government fixed point-to-multipoint stations
and point-to-multipoint stations in the Public Land Mobile Service.
Frequencies in these bands are paired with one another and are
available for point-to-multipoint transmission of the licensee's
products and information services, excluding video entertainment
material, to the licensee's customers.
(b) Frequencies normally available for assignment in this service
are set forth with applicable limitations in the following tables: 928-
960 MHz Multiple address system (MAS) frequencies are available for the
point-to-multipoint transmission of a licensee's products or services,
excluding video entertainment material, to a licensee's customer or for
its own internal communications. The paired frequencies listed in this
section are used for two-way interrogate/response communications
between a master station and remote stations. Each master station
operating on these frequencies is required to serve a minimum of four
separate active remote stations. Ancillary one-way communications on
paired frequencies are permitted on a case-by-case basis. Ancillary
communications between interrelated master stations are permitted on a
secondary basis. The normal channel bandwidth assigned will be 12.5
kHz. Upon adequate justification, however, channels with bandwidths up
to 50 kHz may be authorized. Tables 2, 4, and 6 list frequencies with
25 kHz bandwidth channels. When licensed for a larger bandwidth, the
system still is required to use equipment that meets the
0.00015 percent tolerance requirement. (See Sec. 101.107).
Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance
with this section may be subdivided into narrower bandwidths to create
additional (or sub) frequencies without the need to specify each
discrete frequency within the specific bandwidth. Equipment that is
used to create additional frequencies by narrowing bandwidth (whether
authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be
required to meet, at a minimum, the 0.00015 percent
tolerance requirement so that all subfrequencies will be within the
emission mask. When using subfrequencies, licensees are subject to the
construction requirement of one master and four remotes per authorized
bandwidth (12.5 kHz, 25 kHz or greater. Systems licensed for
frequencies in these MAS bands prior to August 1, 1975, may continue to
operate as authorized until June 11, 1996, at which time they must
comply with current MAS operations based on the 12.5 KHz channelization
set forth in this
[[Page 26708]]
paragraph. Systems licensed between August 1, 1975, and January 1,
1981, inclusive, are required to comply with the grandfathered 25 kHz
standard bandwidth and channelization requirements set forth in this
paragraph. Systems originally licensed after January 1, 1981, and on or
before May 11, 1988, with bandwidths of 25 kHz and above, will be
grandfathered indefinitely. (1) General Access Pool: Frequencies listed
in this paragraph are available to all persons eligible under this part
for use in multiple address radio systems. Except as noted, however,
the frequencies may be used by eligibles in the Power Radio Service
only if the frequencies in paragraph (b) (2) of this section are
exhausted in the particular geographic area. The frequencies are also
available for shared use by part 22 Public Land Mobile Service users if
frequencies listed in Sec. 22.50(g) of this chapter are exhausted in
the particular geographic area. Applications for use of these
frequencies under part 22 of this chapter are subject to part 101
requirements.
Table 1.--Paired Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.00625.................................................. 952.00625
928.01875.................................................. 952.01875
928.03125.................................................. 952.03125
928.04375.................................................. 952.04375
928.05625.................................................. 952.05625
928.06875.................................................. 952.06875
928.08125.................................................. 952.08125
928.09375.................................................. 952.09375
928.10625.................................................. 952.10625
928.11875.................................................. 952.11875
928.13125.................................................. 952.13125
928.14375.................................................. 952.14375
928.15625.................................................. 952.15625
928.16875.................................................. 952.16875
928.18125.................................................. 952.18125
928.19375.................................................. 952.19375
928.20625.................................................. 952.20625
928.21875.................................................. 952.21875
928.23125.................................................. 952.23125
928.24375.................................................. 952.24375
928.25625.................................................. 952.25625
928.26875.................................................. 952.26875
928.28125.................................................. 952.28125
928.29375.................................................. 952.29375
928.30625.................................................. 952.30625
928.31875.................................................. 952.31875
928.33125.................................................. 952.33125
928.34375.................................................. 952.34375
------------------------------------------------------------------------
Unpaired Frequencies (MHz) \1\
[12.5 kHz bandwidth]
------------------------------------------------------------------------
D D D
------------------------------------------------------------------------
956.25625 956.33125 956.39375
956.26875 956.34375 956.40625
956.28125 956.35625 956.41875
956.29375 956.36875 956.43125
956.30625 956.38125 956.44375
956.31875 ....................... ......................
------------------------------------------------------------------------
\1\ Available to power eligibles regardless of whether frequencies in
the power pool are exhausted.
Table 2.--Paired Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.0125................................................... 952.0125
928.0375................................................... 952.0375
928.0625................................................... 952.0625
928.0875................................................... 952.0875
928.1125................................................... 952.1125
928.1375................................................... 952.1375
928.1625................................................... 952.1625
928.1875................................................... 952.1875
928.2125................................................... 952.2125
928.2375................................................... 952.2375
928.2625................................................... 952.2625
928.2875................................................... 952.2875
928.3125................................................... 952.3125
928.3375................................................... 952.3375
------------------------------------------------------------------------
Unpaired Frequencies (MHz) \1\
[25 kHz bandwidth]
------------------------------------------------------------------------
------------------------------------------------------------------------
956.2625 956.3375 956.4125
956.2875 956.3625 956.4375
956.3125 956.3875 ......................
------------------------------------------------------------------------
\1\ Available to power eligibles regardless of whether frequencies in
the power pool are exhausted.
(2) Power Pool: Frequencies listed in this paragraph are available
to persons eligible under Sec. 90.63 of this chapter for licensing in
the Power Radio Service for use in multiple address radio systems.
After January 1, 1992, the frequencies are also available for use by
general access pool users and part 22 Public Land Mobile Service users
(Sec. 22.501(g) of this chapter) provided frequencies listed in their
respective pools are exhausted in the particular geographic area.
Applications for use of these frequencies under part 22 of this chapter
are subject to part 101 requirements.
Table 3.--Paired Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.35625.................................................. 952.35625
928.36875.................................................. 952.36872
928.38125.................................................. 952.38125
928.39375.................................................. 952.39375
928.40625.................................................. 952.40625
928.41875.................................................. 952.41875
928.43125.................................................. 952.43125
928.44375.................................................. 952.44375
928.45625.................................................. 952.45625
928.46875.................................................. 952.46875
928.48125.................................................. 952.48125
928.49375.................................................. 952.49375
928.50625.................................................. 952.50625
928.51875.................................................. 952.51875
928.53125.................................................. 952.53125
928.54375.................................................. 952.54375
928.55625.................................................. 952.55625
928.56875.................................................. 952.56875
928.58125.................................................. 952.58125
928.59375.................................................. 952.59375
928.60625.................................................. 952.60625
928.61875.................................................. 952.61875
928.63125.................................................. 952.63125
928.64375.................................................. 952.64375
928.65625.................................................. 952.65625
928.66875.................................................. 952.66875
928.68125.................................................. 952.68125
928.69375.................................................. 952.69375
928.70625.................................................. 952.70625
928.71875...................
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
............................... 952.71875
928.73125.................................................. 952.73125
928.74375.................................................. 952.74375
928.75675.................................................. 952.75625
928.76875.................................................. 952.76875
928.78125.................................................. 952.78125
928.79375.................................................. 952.79375
928.80625.................................................. 952.80625
928.81875.................................................. 952.81875
928.83125.................................................. 952.83125
928.84375.................................................. 952.84375
------------------------------------------------------------------------
Table 4.--Paired Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.3625................................................... 952.3625
928.3875................................................... 952.3875
928.4125................................................... 952.4125
928.4375................................................... 952.4375
928.4625................................................... 952.4625
928.4875................................................... 952.4875
928.5125................................................... 952.5125
928.5375................................................... 952.5375
928.5625................................................... 952.5625
928.5875................................................... 952.5875
928.6125................................................... 952.6125
928.6375................................................... 952.6375
928.6625................................................... 952.6625
928.6875................................................... 952.6875
928.7125................................................... 952.7125
928.7375................................................... 952.7375
928.7625................................................... 952.7625
928.7875................................................... 952.7875
928.8125................................................... 952.8125
928.8375................................................... 952.8375
------------------------------------------------------------------------
(3) Frequencies listed in this paragraph are available for shared
use
[[Page 26709]]
by general access pool users for multiple address operations if
frequencies listed in paragraph (b)(1) of this section are exhausted in
the particular geographic area: The frequencies are also available to
eligibles in the power pool provided there are no other frequencies
available for the type of operation contemplated. The frequencies in
this pool may be assigned for paired or unpaired operation. If paired,
the corresponding lower frequency is for remote unit use. Applications
for these frequencies are subject to the conditions outlined in
Sec. 22.27 of this chapter.
Table 5.--Public Mobile Service Category Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.85625.................................................. 959.85625
928.86875.................................................. 959.86875
928.88125.................................................. 959.88125
928.89375.................................................. 959.89375
928.90625.................................................. 959.90625
928.91875.................................................. 959.91875
928.93125.................................................. 959.93125
928.94375.................................................. 959.94375
928.95625.................................................. 959.95625
928.96875.................................................. 959.96875
928.98125.................................................. 959.98125
928.99375.................................................. 959.99375
------------------------------------------------------------------------
Table 6.--Public Mobile Service Category Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.8625................................................... 959.8625
928.8875................................................... 959.8875
928.9125................................................... 959.9125
928.9375................................................... 959.9375
928.9625................................................... 959.9625
928.9875................................................... 959.9875
------------------------------------------------------------------------
(4) Frequencies listed in this paragraph are shared with stations
in the Public Land Mobile Service, part 22 of this chapter.
Table 7.--Paired Frequencies
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
932.00625.................................................. 941.00625
932.01875.................................................. 941.01875
932.03125.................................................. 941.03125
932.04375.................................................. 941.04375
932.05625.................................................. 941.05625
932.06875.................................................. 941.06875
932.08125.................................................. 941.08125
932.09375.................................................. 941.09375
932.10625.................................................. 941.10625
932.11875.................................................. 941.11875
932.13125.................................................. 941.13125
932.14375.................................................. 941.14375
932.15625.................................................. 941.15625
932.16875.................................................. 941.16875
932.18125.................................................. 941.18125
932.19375.................................................. 941.19375
932.20625.................................................. 941.20625
932.21875.................................................. 941.21875
932.23125.................................................. 941.23125
932.24375.................................................. 941.24375
932.25625.................................................. 941.25625
932.26875.................................................. 941.26875
932.28125.................................................. 941.28125
932.29375.................................................. 941.29375
932.30625.................................................. 941.30625
932.31875.................................................. 941.31875
932.33125.................................................. 941.33125
932.34375.................................................. 941.34375
932.35625.................................................. 941.35625
932.36875.................................................. 941.36875
932.38125.................................................. 941.38125
932.39375.................................................. 941.39375
932.40625.................................................. 941.40625
932.41875.................................................. 941.41875
932.43125.................................................. 941.43125
932.44375.................................................. 941.44375
932.45625.................................................. 941.45625
932.46875.................................................. 941.46875
932.48125.................................................. 941.48125
932.49375.................................................. 941.49375
------------------------------------------------------------------------
(5) Equivalent power and antenna heights for multiple address
master stations:
------------------------------------------------------------------------
Maximum effective
radiated power
Antenna height (AAT) in meters -------------------
Watts dBm
------------------------------------------------------------------------
Above 305........................................... 200 53
Above 274 to 305.................................... 250 54
Above 244 to 274.................................... 315 55
Above 213 to 244.................................... 400 56
Above 182 to 213.................................... 500 57
Above 152.5 to 182.................................. 630 58
152.5 and below..................................... 1,000 60
------------------------------------------------------------------------
For mobile operations the maximum ERP is 25 watts (44 dBm).
(6) Fixed point-to-point frequencies.
Table 8.--Paired Frequencies
[All frequencies may be used by Common Carrier Fixed Point-to-Point and
Private Operational Fixed Point-to-Point Microwave Service licensees; 25
kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.5125................................................... 941.5125
932.5375................................................... 941.5375
932.5625................................................... 941.5625
932.5875................................................... 941.5875
932.6125................................................... 941.6125
932.6375................................................... 941.6375
932.6625................................................... 941.6625
934.8375................................................... 943.8375
934.8625................................................... 943.8625
934.8875................................................... 943.8875
934.9125................................................... 943.9125
934.9375................................................... 943.9375
934.9625................................................... 943.9625
934.9875................................................... 943.9875
------------------------------------------------------------------------
Table 9.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave Service licensees, unless otherwise noted; 50 kHz
bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.70 \1\................................................. \1\ 941.70
932.75 \1\................................................. \1\ 941.75
934.80 \1\................................................. \1\ 943.80
956.65..................................................... 953.05
956.75..................................................... 953.15
956.85..................................................... 953.25
956.95..................................................... 953.35
957.05..................................................... 953.45
957.25..................................................... 953.65
957.35..................................................... 953.75
957.45..................................................... 953.85
957.65..................................................... 954.05
957.75..................................................... 954.15
957.85..................................................... 954.25
958.05..................................................... 954.45
958.15..................................................... 954.55
958.25..................................................... 954.65
958.45..................................................... 954.85
958.55..................................................... 954.95
958.65..................................................... 955.05
958.85..................................................... 955.25
958.95..................................................... 955.35
959.05..................................................... 955.45
959.25..................................................... 955.65
959.35..................................................... 955.75
959.45..................................................... 955.85
959.55..................................................... 955.95
959.65..................................................... 956.05
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.
[[Page 26710]]
Table 10.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.8250 \1\.............................................. \1\ 941.8250
932.9250 \1\.............................................. \1\ 941.9250
933.0250 \1\.............................................. \1\ 942.0250
934.5250 \1\.............................................. \1\ 943.5250
934.6250 \1\.............................................. \1\ 943.6250
934.7250 \1\.............................................. \1\ 943.7250
956.6..................................................... 953.0
956.7..................................................... 953.1
956.8..................................................... 953.2
956.9..................................................... 953.3
957.0..................................................... 953.4
957.1..................................................... 953.5
957.2..................................................... 953.6
957.3..................................................... 953.7
957.4..................................................... 953.8
957.5..................................................... 953.9
957.6..................................................... 954.0
957.7..................................................... 954.1
957.8..................................................... 954.2
957.9..................................................... 954.3
958.0..................................................... 954.4
958.1..................................................... 954.5
958.2..................................................... 954.6
958.3..................................................... 954.7
958.4..................................................... 954.8
958.5..................................................... 954.9
958.6..................................................... 955.0
958.7..................................................... 955.1
958.8..................................................... 955.2
958.9..................................................... 955.3
959.0..................................................... 955.4
959.1..................................................... 955.5
959.2..................................................... 955.6
959.3..................................................... 955.7
959.4..................................................... 955.8
959.5..................................................... 955.9
959.6..................................................... 956.0
959.7..................................................... 956.1
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.
Table 11.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave licensees, unless otherwise noted; 200 kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
933.1750 \1\.............................................. \1\ 942.1750
933.3750 \1\.............................................. \1\ 942.3750
933.5750 \1\.............................................. \1\ 942.5750
933.7750 \1\.............................................. \1\ 942.7750
933.9750 \1\.............................................. \1\ 942.9750
933.1750 \1\.............................................. \1\ 943.1750
933.3750 \1\.............................................. \1\ 943.3750
957.15.................................................... 953.55
957.55.................................................... 953.95
957.95.................................................... 954.35
958.35.................................................... 954.75
958.75.................................................... 955.15
959.15.................................................... 955.55
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.
(c) 1850-1990 MHz.
(1) 10 MHz maximum bandwidth.
Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1855....................................................... 1935
1865....................................................... 1945
1875....................................................... 1955
1885....................................................... 1965
1895....................................................... 1975
1905....................................................... 1985
------------------------------------------------------------------------
Unpaired Frequencies
------------------------------------------------------------------------
-------------------------------------------------------------------------
1915 \1\
1925 \1\
------------------------------------------------------------------------
\1\ Available for systems employing one-way transmission.
(2) 5 MHz maximum bandwidth.
Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1860....................................................... 1940
1870....................................................... 1950
1880....................................................... 1960
1890....................................................... 1970
1900....................................................... 1980
------------------------------------------------------------------------
(d) 2130-2150 MHz; 2180-2200 MHz; 800 kHz maximum bandwidth, unless
noted.
Paired Frequencies
------------------------------------------------------------------------
------------------------------------------------------------------------
2130-2150 2180-2200
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
2130.8..................................................... 2180.8
2131.6..................................................... \1\ 2181.6
2132.4..................................................... 2182.4
2133.2..................................................... \1\ 2183.2
2134.0..................................................... 2184.0
2134.8..................................................... \1\ 2184.8
2135.6..................................................... 2185.6
2136.4..................................................... \1\ 2186.4
2137.2..................................................... 2187.2
2138.0..................................................... \1\ 2188.0
2139.6..................................................... \1\ 2189.6
2138.8..................................................... 2188.8
2140.4..................................................... 2190.4
2141.2..................................................... \1\ 2191.2
2142.0..................................................... 2192.0
2142.8..................................................... \1\ 2192.8
2143.6..................................................... 2193.6
2144.4..................................................... \1\ 2194.4
2145.2..................................................... 2195.2
2146.0..................................................... \1\ 2196.0
2146.8..................................................... 2196.8
2147.6..................................................... \1\ 2197.6
2148.4..................................................... 2198.4
2149.2..................................................... 2199.2
\1\ Consideration will be given on a case-by-case basis to assigning
these frequency pairs to systems employing 1600 KHz bandwidth
transmissions.
(e) 2150-2160 MHz: Specific frequency of operation to be set forth
in authorization. Omnidirectional transmission only may be authorized,
subject to providing protection from harmful interference to previously
authorized stations in this service and in other services sharing this
band.
(f) 2450-2500 MHz:
(1) This band is shared with other communications services and is
not subject to protection from interference from industrial,
scientific, and medical devices operating on 2450 MHz.
(2) Stations licensed in this band under this part prior to March
1, 1996, are grandfathered and may continue their authorized
operations. Stations licensed in the 2483.5-2500 MHz portion of the
band as of July 25, 1985, or on a subsequent date as a result of
submitting an application on or before July 25, 1985, are
grandfathered, and may continue operations, subject only to license
renewal, on a co-primary basis with the Radiodetermination Satellite
Service.
(3) 625 KHz bandwidth channels. The normal bandwidth authorized
will be 625 KHz. Upon adequate justification, additional contiguous
channels may be authorized to provide up to a 2500 KHz bandwidth.
Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
2450.3125.................................................. 2467.5625
2450.9375.................................................. 2468.1875
2451.5625.................................................. 2468.8125
2452.1875.................................................. 2469.4375
2452.8125.................................................. 2470.0625
2453.4375.................................................. 2470.6875
2454.0625.................................................. 2471.3125
2454.6875.................................................. 2471.9375
2455.3125.................................................. 2472.5625
[[Page 26711]]
2455.9375.................................................. 2473.1875
2456.5625.................................................. 2473.8125
2457.1875.................................................. 2474.4375
2457.8125.................................................. 2475.0625
2458.4375.................................................. 2475.6875
2459.0625.................................................. 2476.3125
2459.6875.................................................. 2476.9375
2460.3125.................................................. 2477.5625
2460.9375.................................................. 2478.1875
2461.5625.................................................. 2478.8125
2462.1875.................................................. 2479.4375
2462.8125.................................................. 2480.0625
2463.4375.................................................. 2480.6875
2464.0625.................................................. 2481.3125
2464.6875.................................................. 2481.9375
2465.3125.................................................. 2482.5625
2465.9375.................................................. 2483.1875
------------------------------------------------------------------------
(g) 2500-2690 MHz: Operational-fixed stations may be authorized on
the following frequencies:
Frequencies (MHz)
------------------------------------------------------------------------
-------------------------------------------------------------------------
2686.9375
2687.9375
2688.5625
2688.6875
2688.9375
2689.5625
2689.6875
------------------------------------------------------------------------
Note to (g): Operational-Fixed stations authorized in this band
as of July 16, 1971, which do not comply with the provisions of this
part may continue to operate on the frequencies assigned on a
coequal basis with other stations operating in accordance with the
Table of Frequency allocations. Requests for subsequent license
renewals or modifications for such stations will be considered.
However, expansion of systems comprised of such stations will not be
permitted, except pursuant to the provisions of this part. No new
licenses will be issued under this part until specific operating
parameters are established for this band.
(h) 3,700 to 4,200 MHz: 20 MHz maximum authorized bandwidth.
20 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
3710....................................................... 3750
3730....................................................... 3770
3790....................................................... 3830
3810....................................................... 3850
3870....................................................... 3910
3890....................................................... 3930
3950....................................................... 3990
3970....................................................... 4010
4030....................................................... 4070
4050....................................................... 4090
4110....................................................... 4150
4130....................................................... 4170
N/A........................................................ \1\ 4190
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.
(i) 5,925 to 6,425 MHz: 30 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.225................................................... 6177.100
5925.625................................................... 6177.500
5926.050................................................... 6177.925
5926.450................................................... 6178.325
5926.875................................................... 6178.750
5927.275................................................... 6179.150
5927.725................................................... 6179.600
5928.125................................................... 6180.000
5928.550................................................... 6180.425
5928.950................................................... 6180.825
5929.375................................................... 6181.250
5929.775................................................... 6181.650
6168.350................................................... 6420.225
6168.750................................................... 6420.625
6169.175................................................... 6421.050
6169.575................................................... 6421.450
6170.000................................................... 6421.875
6170.400................................................... 6422.275
6170.850................................................... 6422.725
6171.250................................................... 6423.125
6171.675................................................... 6423.550
6172.075................................................... 6423.950
6172.500................................................... 6424.375
6172.900................................................... 6424.775
------------------------------------------------------------------------
(2) 800 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.425................................................... 6177.300
5926.250................................................... 6178.125
5927.075................................................... 6178.950
5927.925................................................... 6179.800
5928.750................................................... 6180.625
5929.575................................................... 6181.450
6168.550................................................... 6420.425
6169.375................................................... 6421.250
6170.200................................................... 6422.075
6171.050................................................... 6422.925
6171.875................................................... 6423.750
6172.700................................................... 6424.575
------------------------------------------------------------------------
(3) 1.25 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.625................................................... 6177.500
5926.875................................................... 6178.750
5928.125................................................... 6180.000
5929.375................................................... 6181.250
6108.893................................................... 6360.933
6110.128................................................... 6362.168
6111.364................................................... 6363.404
6112.599................................................... 6364.639
6113.834................................................... 6365.874
6115.070................................................... 6367.110
6116.305................................................... 6368.345
6117.541................................................... 6369.581
6118.776................................................... 6370.816
6120.011................................................... 6372.051
6121.247................................................... 6373.287
6122.482................................................... 6374.522
6123.718................................................... 6375.758
6124.953................................................... 6376.993
6126.189................................................... 6378.229
6127.424................................................... 6379.464
6128.659................................................... 6380.699
6129.895................................................... 6381.935
6131.130................................................... 6383.170
6132.366................................................... 6384.406
6133.601................................................... 6385.641
6134.836................................................... 6386.876
6136.072................................................... 6388.112
6137.307................................................... 6389.347
6138.543................................................... 6390.583
6139.778................................................... 6391.818
6141.014................................................... 6393.054
6142.249................................................... 6394.289
6143.484................................................... 6395.524
6144.720................................................... 6396.760
6145.955................................................... 6397.995
6147.191................................................... 6399.231
6148.426................................................... 6400.466
6149.661................................................... 6401.701
6150.897................................................... 6402.937
6152.132................................................... 6404.172
6153.368................................................... 6405.408
6154.603................................................... 6406.643
6155.839................................................... 6407.879
6157.074................................................... 6409.114
6158.309................................................... 6410.349
6159.545................................................... 6411.585
6160.780................................................... 6412.820
6162.016................................................... 6414.056
6163.251................................................... 6415.291
6164.486................................................... 6416.526
6165.722................................................... 6417.762
6166.957................................................... 6418.997
6168.750................................................... 6420.625
6170.000................................................... 6421.875
6171.250................................................... 6423.125
6172.500................................................... 6424.375
6173.750 \1\............................................... N/A
6175.000 \1\............................................... N/A
6176.250 \1\............................................... N/A
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
(4) 2.5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5926.250................................................... 6178.125
5928.750................................................... 6180.625
6109.510................................................... 6361.550
6111.981................................................... 6364.021
6114.452................................................... 6366.492
6116.923................................................... 6368.963
6119.394................................................... 6371.434
6121.865................................................... 6373.905
6124.335................................................... 6376.375
6126.806................................................... 6378.846
6129.277................................................... 6381.317
6131.748................................................... 6383.788
6134.219................................................... 6386.259
6136.690................................................... 6388.730
[[Page 26712]]
6139.160................................................... 6391.200
6141.631................................................... 6393.671
6144.102................................................... 6396.142
6146.573................................................... 6398.613
6149.044................................................... 6401.084
6151.515................................................... 6403.555
6153.985................................................... 6406.025
6156.456................................................... 6408.496
6158.927................................................... 6410.967
6161.398................................................... 6413.438
6163.869................................................... 6415.909
6166.340................................................... 6418.380
6169.375................................................... 6421.250
6171.875................................................... 6423.750
6175.625 \1\............................................... N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.
(5) 3.75 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6111.364................................................... 6363.404
6116.305................................................... 6368.345
6121.247................................................... 6373.287
6126.189................................................... 6378.229
6131.130................................................... 6383.170
6136.072................................................... 6388.112
6141.014................................................... 6393.054
6145.955................................................... 6397.995
6150.897................................................... 6402.937
6155.839................................................... 6407.879
6160.780................................................... 6412.820
6165.722................................................... 6417.762
6175.000 \1\............................................... N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.
(6) 5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6110.75.................................................... 6362.79
6115.69.................................................... 6367.73
6120.63.................................................... 6372.67
6125.57.................................................... 6377.61
6130.51.................................................... 6382.55
6135.45.................................................... 6387.49
6140.40.................................................... 6392.44
6145.34.................................................... 6397.38
6150.28.................................................... 6402.32
6155.22.................................................... 6407.26
6160.16.................................................... 6412.20
6165.10.................................................... 6417.14
------------------------------------------------------------------------
(7) 10 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5935.32.................................................... 6187.36
5945.20.................................................... 6197.24
5955.08.................................................... 6207.12
5964.97.................................................... 6217.01
5974.85.................................................... 6226.89
5984.73.................................................... 6236.77
5994.62.................................................... 6246.66
6004.50.................................................... 6256.54
6014.38.................................................... 6266.42
6024.27.................................................... 6276.31
6034.15.................................................... 6286.19
6044.03.................................................... 6296.07
6053.92.................................................... 6305.96
6063.80.................................................... 6315.84
6073.68.................................................... 6325.72
6083.57.................................................... 6335.61
6093.45.................................................... 6345.49
6103.33.................................................... 6355.37
6113.22 \1\................................................ \1\ 6365.26
6123.10 \1\................................................ \1\ 6375.14
6132.98 \1\................................................ \1\ 6385.02
6142.87 \1\................................................ \1\ 6394.91
6152.75 \1\................................................ \1\ 6404.79
6162.63 \1\................................................ \1\ 6414.67
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
(8) 30 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5945.20.................................................... 6197.24
5974.85.................................................... 6226.89
6004.50.................................................... 6256.54
6034.15.................................................... 6286.19
6063.80.................................................... 6315.84
6093.45.................................................... 6345.49
6123.10 \1\................................................ \1\ 6375.14
6152.75 \1\................................................ \1\ 6404.79
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
(j) 6,425 to 6,525 MHz: Mobile. Paired and un-paired operations
permitted. Use of this spectrum for direct delivery of video programs
to the general public or multi-channel cable distribution is not
permitted. This band is co-equally shared with mobile stations licensed
pursuant to parts 21, 74, and 78 of this chapter. Stations not intended
to be operated while in motion will be licensed under the provision of
Sec. 101.13(b). The following channel plans apply.
(1) 1 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6425.5..................................................... 6475.5
6450.5..................................................... 6500.5
------------------------------------------------------------------------
(2) 8 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6430.0..................................................... 6480.0
6438.0..................................................... 6488.0
6446.0..................................................... 6596.0
6455.0..................................................... 6505.0
6463.0..................................................... 6513.0
6471.0..................................................... 6521.0
------------------------------------------------------------------------
(3) 25 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6437.5..................................................... 6487.5
6462.5..................................................... 6512.5
------------------------------------------------------------------------
(k) On the condition that harmful interference will not be caused
to services operating in accordance with the Table of Frequency
Allocations, persons holding valid station authorizations on July 15,
1963, to provide television nonbroadcast pickup service in the 6525-
6575 MHz band may be authorized to continue use of the frequencies
specified in their authorization for such operations until July 15,
1968.
(l) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6525.225................................................... 6870.225
6525.625................................................... 6870.625
6526.050................................................... 6871.050
6526.450................................................... 6871.450
6526.875................................................... 6871.875
6527.275................................................... 6872.275
6527.725................................................... 6872.725
6528.125................................................... 6873.125
6528.550................................................... 6873.550
6528.950................................................... 6873.950
6529.375................................................... 6874.375
6529.775................................................... 6874.775
------------------------------------------------------------------------
(2) 800 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6525.425................................................... 6870.425
6526.250................................................... 6871.250
6527.075................................................... 6872.075
6527.925................................................... 6872.925
6528.750................................................... 6873.750
6529.575................................................... 6874.575
------------------------------------------------------------------------
(3) 1.25 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6525.625................................................... 6870.625
[[Page 26713]]
6526.875................................................... 6871.875
6528.125................................................... 6873.125
6529.375................................................... 6874.375
6540.625 \1\............................................... \1\ 6718.12
5
6541.875 \1\............................................... \1\ 6719.37
5
6543.125 \1\............................................... \1\ 6713.12
5
6544.375 \1\............................................... \1\ 6714.37
5
6545.625 \1\............................................... \1\ 6715.62
5
6546.875 \1\............................................... \1\ 6716.87
5
6548.125................................................... 6728.125
6549.375................................................... 6729.375
6550.625................................................... 6730.625
6551.875................................................... 6731.875
6553.125 \1\............................................... \1\ 6723.12
5
6554.375 \1\............................................... \1\ 6724.37
5
6555.625 \1\............................................... \1\ 6725.62
5
6556.875 \1\............................................... \1\ 6726.87
5
6558.125................................................... 6738.125
6559.375................................................... 6739.375
6560.625................................................... 6740.625
6561.875................................................... 6741.875
6563.125................................................... 6733.125
6564.375................................................... 6734.375
6565.625................................................... 6735.625
6566.875................................................... 6736.875
6568.125 \1\............................................... \1\ 6720.62
5
6569.375 \1\............................................... \1\ 6721.87
5
6580.625 \1\............................................... \1\ 6868.12
5
6581.875 \1\............................................... \1\ 6869.37
5
6583.125 .................................................. 6743.125
6584.375................................................... 6744.375
6585.625................................................... 6745.625
6586.875................................................... 6746.875
6588.125................................................... 6748.125
6589.375................................................... 6749.375
6590.625................................................... 6750.625
6591.875................................................... 6751.875
6593.125................................................... 6753.125
6594.375................................................... 6754.375
6595.625................................................... 6755.625
6596.875................................................... 6756.875
6598.125................................................... 6758.125
6599.375................................................... 6759.375
6600.625................................................... 6760.625
6601.875................................................... 6761.875
6603.125................................................... 6763.125
6604.375................................................... 6764.375
6605.625................................................... 6765.625
6606.875................................................... 6766.875
6608.125................................................... 6768.125
6609.375................................................... 6769.375
6610.625................................................... 6770.625
6611.875................................................... 6771.875
6613.125................................................... 6773.125
6614.375................................................... 6774.375
6615.625................................................... 6775.625
6616.875................................................... 6776.875
6618.125................................................... 6778.125
6619.375................................................... 6779.375
6620.625................................................... 6780.625
6621.875................................................... 6781.875
6623.125................................................... 6783.125
6624.375................................................... 6784.375
6625.625................................................... 6785.625
6626.875................................................... 6786.875
6628.125................................................... 6788.125
6629.375................................................... 6789.375
6630.625................................................... 6790.625
6631.875................................................... 6791.875
6633.125................................................... 6793.125
6634.375................................................... 6794.375
6635.625................................................... 6795.625
6636.875................................................... 6796.875
6638.125................................................... 6798.125
6639.375................................................... 6799.375
6640.625................................................... 6800.625
6641.875................................................... 6801.875
6643.125................................................... 6803.125
6644.375................................................... 6804.375
6645.625................................................... 6805.625
6646.875................................................... 6806.875
6648.125................................................... 6808.125
6649.375................................................... 6809.375
6650.625................................................... 6810.625
6651.875................................................... 6811.875
6653.125................................................... 6813.125
6654.375................................................... 6814.375
6655.625................................................... 6815.625
6656.875................................................... 6816.875
6658.125................................................... 6818.125
6659.375................................................... 6819.375
6660.625................................................... 6820.625
6661.875................................................... 6821.875
6663.125................................................... 6823.125
6664.375................................................... 6824.375
6665.625................................................... 6825.625
6666.875................................................... 6826.875
6668.125................................................... 6828.125
6669.375................................................... 6829.375
6670.625................................................... 6830.625
6671.875................................................... 6831.875
6673.125................................................... 6833.125
6674.375................................................... 6834.375
6675.625................................................... 6835.625
6676.875................................................... 6836.875
6678.125................................................... 6838.125
6679.375................................................... 6839.375
6680.625................................................... 6840.625
6681.875................................................... 6841.875
6683.125................................................... 6843.125
6684.375................................................... 6844.375
6685.625................................................... 6845.625
6686.875................................................... 6846.875
6688.125................................................... 6848.125
6689.375................................................... 6849.375
6690.625................................................... 6850.625
6691.875................................................... 6851.875
6693.125................................................... 6853.125
6694.375................................................... 6854.375
6695.625................................................... 6855.625
6696.875................................................... 6856.875
6698.125................................................... 6858.125
6699.375................................................... 6859.375
6700.625................................................... 6860.625
6701.875................................................... 6861.875
6703.125................................................... 6863.125
6704.375................................................... 6864.375
6705.625................................................... 6865.625
6706.875................................................... 6866.875
6708.125 \1\............................................... \1\ 6710.62
5
6709.375 \1\............................................... \1\ 6711.87
5
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
(4) 2.5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6526.25.................................................... 6871.25
6528.75 ................................................... 6873.75
6541.25 \1\................................................ \1\ 6718.75
6543.75 \1\................................................ \1\ 6713.75
6546.25 \1\................................................ \1\ 6716.25
6548.75 ................................................... 6728.75
6551.25 ................................................... 6731.25
6553.75 \1\................................................ \1\ 6723.75
6556.25 \1\................................................ \1\ 6726.25
6558.75.................................................... 6738.75
6561.25.................................................... 6741.25
6563.75.................................................... 6733.75
6566.25.................................................... 6736.25
6568.75 \1\................................................ \1\ 6721.25
6581.25 \1\................................................ \1\ 6868.75
6583.75.................................................... 6743.75
6586.25.................................................... 6746.25
6588.75.................................................... 6748.75
6591.25.................................................... 6751.25
6593.75.................................................... 6753.75
6596.25.................................................... 6756.25
6598.75.................................................... 6758.75
6601.25.................................................... 6761.25
6603.75.................................................... 6763.75
6606.25.................................................... 6766.25
6608.75.................................................... 6768.75
6611.25.................................................... 6771.25
6613.75.................................................... 6773.75
6616.25.................................................... 6776.25
6618.75.................................................... 6778.75
6621.25.................................................... 6781.25
6623.75.................................................... 6783.75
6626.25.................................................... 6786.25
6628.75.................................................... 6788.75
6631.25.................................................... 6791.25
6633.75.................................................... 6793.75
6636.25.................................................... 6796.25
6638.75.................................................... 6798.75
6641.25.................................................... 6801.25
6643.75.................................................... 6803.75
6646.25.................................................... 6806.25
6648.75.................................................... 6808.75
6651.25.................................................... 6811.25
6653.75.................................................... 6813.75
6656.25.................................................... 6816.25
6658.75.................................................... 6818.75
6661.25.................................................... 6821.25
6663.75.................................................... 6823.75
6666.25.................................................... 6826.25
6668.75.................................................... 6828.75
6671.25.................................................... 6831.25
6673.75.................................................... 6833.75
6676.25.................................................... 6836.25
6678.75.................................................... 6838.75
6681.25.................................................... 6841.25
6683.75.................................................... 6843.75
6686.25.................................................... 6846.25
6688.75.................................................... 6848.75
6691.25.................................................... 6851.25
6693.75.................................................... 6853.75
6696.25.................................................... 6856.25
6698.75.................................................... 6858.75
6701.25.................................................... 6861.25
6703.75.................................................... 6863.75
6706.25.................................................... 6866.25
6708.75 \1\................................................ \1\ 6711.25
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
(5) 3.75 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6545.625 \1\............................................... 6715.625 \1
\
[[Page 26714]]
6550.625................................................... 6730.625
6555.625 \1\............................................... 6725.625 \1
\
6560.625................................................... 6740.625
6565.625................................................... 6735.625
6585.625................................................... 6745.625
6590.625................................................... 6750.625
6595.625................................................... 6755.625
6600.625................................................... 6760.625
6605.625................................................... 6765.625
6610.625................................................... 6770.625
6615.625................................................... 6775.625
6620.625................................................... 6780.625
6625.625................................................... 6785.625
6630.625................................................... 6790.625
6635.625................................................... 6795.625
6640.625................................................... 6800.625
6645.625................................................... 6805.625
6650.625................................................... 6810.625
6655.625........................
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
........................... 6815.625
6660.625................................................... 6820.625
6665.625................................................... 6825.625
6670.625................................................... 6830.625
6675.625................................................... 6835.625
6680.625................................................... 6840.625
6685.625................................................... 6845.625
6690.625................................................... 6850.625
6695.625................................................... 6855.625
6700.625................................................... 6860.625
6705.625................................................... 6865.625
6710.625 \1\............................................... \1\ 6720.62
5
(6) 5 MHz bandwidth channels:
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6545 \1\................................................... \1\6715
6550....................................................... 6730
6555 \1\................................................... \1\ 6725
6560....................................................... 6740
6565....................................................... 6735
6585....................................................... 6745
6590....................................................... 6750
6595....................................................... 6755
6600....................................................... 6760
6605....................................................... 6765
6610....................................................... 6770
6615....................................................... 6775
6620....................................................... 6780
6625....................................................... 6785
6630....................................................... 6790
6635....................................................... 6795
6640....................................................... 6800
6645....................................................... 6805
6650....................................................... 6810
6655....................................................... 6815
6660....................................................... 6820
6665....................................................... 6825
6670....................................................... 6830
6675....................................................... 6835
6680....................................................... 6840
6685....................................................... 6845
6690....................................................... 6850
6695....................................................... 6855
6700....................................................... 6860
6705....................................................... 6865
6710 \1\................................................... \1\ 6720
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
(7) 10 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6545 \1\................................................... \1\ 6715
6555 \1\................................................... \1\ 6725
6565....................................................... 6735
6585....................................................... 6745
6595....................................................... 6755
6605....................................................... 6765
6615....................................................... 6775
6625....................................................... 6785
6635....................................................... 6795
6645....................................................... 6805
6655....................................................... 6815
6665....................................................... 6825
6675....................................................... 6835
6685....................................................... 6845
6695....................................................... 6855
6705....................................................... 6865
6535 \2\................................................... \2\ 6575
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
\2\ Available only for emergency restoration, maintenance bypass, or
other temporary-fixed purposes. Such uses are authorized on a non-
interference basis to other frequencies in this band. Interference
analysis required by Sec. 101.105 does not apply to this frequency
pair.
(m) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10605.225.................................................. 10670.225
10605.625.................................................. 10670.625
10606.050.................................................. 10671.050
10606.450.................................................. 10671.450
10606.875.................................................. 10671.875
10607.275.................................................. 10672.275
10607.725.................................................. 10672.725
10608.125.................................................. 10673.125
10608.550.................................................. 10673.550
10608.950.................................................. 10673.950
10609.375.................................................. 10674.375
10609.775.................................................. 10674.775
10610.225.................................................. 10675.225
10610.625.................................................. 10675.625
10611.050.................................................. 10676.050
10611.450.................................................. 10676.450
10611.875.................................................. 10676.875
10612.275.................................................. 10677.275
10612.725.................................................. 10677.725
10613.125.................................................. 10678.125
10613.550.................................................. 10678.550
10613.950.................................................. 10678.950
10614.375.................................................. 10679.375
10614.775.................................................. 10679.775
------------------------------------------------------------------------
(2) 800 kHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10605.425.................................................. 10670.425
10606.250.................................................. 10671.250
10607.075.................................................. 10672.075
10607.925.................................................. 10672.925
10608.750.................................................. 10673.750
10609.575.................................................. 10674.575
10610.425.................................................. 10675.425
10611.250.................................................. 10676.250
10612.075.................................................. 10677.075
10612.925.................................................. 10677.925
10613.750.................................................. 10678.750
10614.575.................................................. 10679.575
------------------------------------------------------------------------
(3) 1.25 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10550.625.................................................. 10615.625
10551.875.................................................. 10616.875
10553.125.................................................. 10618.125
10554.375.................................................. 10619.375
10555.625.................................................. 10620.625
10556.875.................................................. 10621.875
10558.125.................................................. 10623.125
10559.375.................................................. 10624.375
10560.625.................................................. 10625.625
10561.875.................................................. 10626.875
10563.125.................................................. 10628.125
10564.375.................................................. 10629.375
10565.625.................................................. 10630.625
10566.875.................................................. 10631.875
10568.125.................................................. 10633.125
10569.375.................................................. 10634.375
10570.625.................................................. 10635.625
10571.875.................................................. 10636.875
10573.125.................................................. 10638.125
10574.375.................................................. 10639.375
10575.625.................................................. 10640.625
10576.875.................................................. 10641.875
10578.125.................................................. 10643.125
10579.375.................................................. 10644.375
10580.625.................................................. 10645.625
10581.875.................................................. 10646.875
10583.125.................................................. 10648.125
10584.375.................................................. 10649.375
10585.625.................................................. 10650.625
10586.875.................................................. 10651.875
10588.125.................................................. 10653.125
10589.375.................................................. 10654.375
10590.625.................................................. 10655.625
10591.875.................................................. 10656.875
10593.125.................................................. 10658.125
10594.375.................................................. 10659.375
10595.625.................................................. 10660.625
10596.875.................................................. 10661.875
10598.125.................................................. 10663.125
10599.375.................................................. 10664.375
10600.625.................................................. 10665.625
10601.875.................................................. 10666.875
10603.125.................................................. 10668.125
10604.375.................................................. 10669.375
10605.625.................................................. 10670.625
10606.875.................................................. 10671.875
10608.125.................................................. 10673.125
10609.375.................................................. 10674.375
10610.625.................................................. 10675.625
10611.875.................................................. 10676.875
10613.125.................................................. 10678.125
10614.375.................................................. 10679.375
------------------------------------------------------------------------
(4) 2.5 MHz bandwidth channels:
[[Page 26715]]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10551.25................................................... 10616.25
10553.75................................................... 10618.75
10556.25................................................... 10621.25
10558.75................................................... 10623.75
10561.25................................................... 10626.25
10563.75................................................... 10628.75
10566.25................................................... 10631.25
10568.75................................................... 10633.75
10571.25................................................... 10636.25
10573.75................................................... 10638.75
10576.25................................................... 10641.25
10578.75................................................... 10643.75
10581.25 \1\............................................... \1\ 10646.2
5
10583.75 \1\............................................... \1\ 10648.7
5
10586.25 \1\............................................... \1\ 10651.2
5
10588.75 \1\............................................... \1\ 10653.7
5
10591.25 \1\............................................... \1\ 10656.2
5
10593.75 \1\............................................... \1\ 10658.7
5
10596.25 \1\............................................... \1\ 10661.2
5
10598.75 \1\............................................... \1\ 10663.7
5
10601.25 \1\............................................... \1\ 10666.2
5
10603.75 \1\............................................... \1\ 10668.7
5
10606.25 \1\............................................... \1\ 10671.2
5
10608.75 \1\............................................... \1\ 10673.7
5
10611.25 \1\............................................... \1\ 10676.2
5
10613.75 \1\............................................... \1\ 10678.7
5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
operation, or applied for prior to July 15, 1993.
(5) 3.75 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10553.125.................................................. 10618.125
10558.125.................................................. 10623.125
10563.125.................................................. 10628.125
10568.125.................................................. 10633.125
10573.125.................................................. 10638.125
10578.125.................................................. 10643.125
10583.125.................................................. 10648.125
10588.125.................................................. 10653.125
10593.125.................................................. 10658.125
10598.125.................................................. 10663.125
10603.125.................................................. 10668.125
------------------------------------------------------------------------
(6) 5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10552.5.................................................... 10617.5
10557.5.................................................... 10622.5
10562.5.................................................... 10627.5
10567.5 \1\................................................ \1\ 10632.5
10572.5 \1\................................................ \1\ 10637.5
10577.5 \1\................................................ \1\ 10642.5
10582.5 \1\................................................ \1\ 10647.5
10587.5.................................................... 10652.5
10592.5.................................................... 10657.5
10597.5.................................................... 10662.5
10602.5.................................................... 10667.5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
operation, or applied for prior to July 15, 1993.
(n) Point-to-multipoint systems licensed, in operation, or applied
for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted
to use the DEMS frequencies noted above if they prior coordinate such
usage with the necessary parties including 10 GHz point-to-point
applicants and licensees. DEMS Nodal Stations shall use the band
10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-
10,680 MHz.
(o) 10,700 to 11,700 MHz. 40 MHz authorized bandwidth.
(1) 1.25 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11130.625.................................................. 11620.625
11131.875.................................................. 11621.875
11133.125.................................................. 11623.125
11134.375.................................................. 11624.375
11135.625.................................................. 11625.625
11136.875.................................................. 11626.875
11138.125.................................................. 11628.125
11139.375.................................................. 11629.375
11140.625.................................................. 11630.625
11141.875.................................................. 11631.875
11143.125.................................................. 11633.125
11144.375.................................................. 11634.375
11145.625.................................................. 11635.625
11146.875.................................................. 11636.875
11148.125.................................................. 11638.125
11149.375.................................................. 11639.375
11150.625.................................................. 11640.625
11151.875.................................................. 11641.875
11153.125.................................................. 11643.125
11154.375.................................................. 11644.375
11155.625.................................................. 11645.625
11156.875.................................................. 11646.875
11158.125.................................................. 11648.125
11159.375.................................................. 11649.375
11160.625.................................................. 11650.625
11161.875.................................................. 11651.875
11163.125.................................................. 11653.125
11164.375.................................................. 11654.375
11165.625.................................................. 11655.625
11166.875.................................................. 11656.875
11168.125.................................................. 11658.125
11169.375.................................................. 11659.375
11170.625.................................................. 11660.625
11171.875.................................................. 11661.875
11173.125.................................................. 11663.125
11174.375.................................................. 11664.375
11175.625.................................................. 11665.625
11176.875.................................................. 11666.875
11178.125.................................................. 11668.125
11179.375.................................................. 11669.375
11180.625.................................................. 11680.625
11181.875.................................................. 11681.875
11183.125.................................................. 11683.125
11184.375.................................................. 11684.375
11185.625.................................................. 11685.625
11186.875.................................................. 11686.875
11188.125.................................................. 11688.125
11189.375.................................................. 11689.375
11190.625.................................................. 11690.625
11191.875.................................................. 11691.875
11193.125.................................................. 11693.125
11194.375.................................................. 11694.375
11195.625.................................................. 11695.625
11196.875.................................................. 11696.875
11198.125.................................................. 11698.125
11199.375.................................................. 11699.375
------------------------------------------------------------------------
(2) 2.5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11131.25................................................... 11621.25
11133.75................................................... 11623.75
11136.25................................................... 11626.25
11138.75................................................... 11628.75
11141.25................................................... 11631.25
11143.75................................................... 11633.75
11146.25................................................... 11636.25
11148.75................................................... 11638.75
11151.25................................................... 11641.25
11153.75................................................... 11643.75
11156.25................................................... 11646.25
11158.75................................................... 11648.75
11161.25................................................... 11651.25
11163.75................................................... 11653.75
11166.25................................................... 11656.25
11168.75................................................... 11658.75
11171.25................................................... 11661.25
11173.75................................................... 11663.75
11176.25................................................... 11666.25
11178.75................................................... 11668.75
11181.25................................................... 11681.25
11183.75................................................... 11683.75
11186.25................................................... 11686.25
11188.75................................................... 11688.75
11191.25................................................... 11691.25
11193.75................................................... 11693.75
11196.25................................................... 11696.25
11198.75................................................... 11698.75
------------------------------------------------------------------------
(3) 3.75 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11133.125.................................................. 11623.125
11138.125.................................................. 11628.125
11143.125.................................................. 11633.125
11148.125.................................................. 11638.125
11153.125.................................................. 11643.125
11158.125.................................................. 11648.125
11163.125.................................................. 11653.125
11168.125.................................................. 11658.125
11173.125.................................................. 11663.125
11178.125.................................................. 11668.125
11183.125.................................................. 11683.125
11188.125.................................................. 11688.125
11193.125.................................................. 11693.125
11198.125.................................................. 11698.125
------------------------------------------------------------------------
(4) 5 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11132.5.................................................... 11622.5
11137.5.................................................... 11627.5
11142.5.................................................... 11632.5
11147.5.................................................... 11637.5
11152.5.................................................... 11642.5
11157.5.................................................... 11647.5
11162.5.................................................... 11652.5
11167.5.................................................... 11657.5
11172.5.................................................... 11662.5
11177.5.................................................... 11667.5
11182.5.................................................... 11682.5
11187.5.................................................... 11687.5
11192.5.................................................... 11692.5
11197.5.................................................... 11697.5
------------------------------------------------------------------------
(5) 10 MHz bandwidth channels:
[[Page 26716]]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10705...................................................... 11205
10715...................................................... 11215
10725 \2\.................................................. \1\ 11675
10735...................................................... 11225
10745...................................................... 11235
10755...................................................... 11245
10765...................................................... 11255
10775...................................................... 11265
10785...................................................... 11275
10795...................................................... 11285
10805...................................................... 11295
10815...................................................... 11305
10825...................................................... 11315
10835...................................................... 11325
10845...................................................... 11335
10855...................................................... 11345
10865...................................................... 11355
10875...................................................... 11365
10885...................................................... 11375
10895...................................................... 11385
10905...................................................... 11395
10915...................................................... 11405
10925...................................................... 11415
10935...................................................... 11425
10945...................................................... 11435
10955...................................................... 11445
10965...................................................... 11455
10975...................................................... 11465
10985...................................................... 11475
10995...................................................... 11485
11005...................................................... 11495
11015...................................................... 11505
11025...................................................... 11515
11035...................................................... 11525
11045...................................................... 11535
11055...................................................... 11545
11065...................................................... 11555
11075...................................................... 11565
11085...................................................... 11575
11095...................................................... 11585
11105...................................................... 11595
11115...................................................... 11605
11125...................................................... 11615
11135 \1\.................................................. \1\ 11625
11145 \1\.................................................. \1\ 11635
11155 \1\.................................................. \1\ 11645
11165 \1\.................................................. \1\ 11655
11175 \1\.................................................. \1\ 11665
11185 \1\.................................................. \1\ 11685
11195 \1\.................................................. \1\ 11695
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
\2\ These frequencies may be assigned for unpaired use.
(6) 30 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10715...................................................... 11215
10755...................................................... 11245
10795...................................................... 11285
10835...................................................... 11325
10875...................................................... 11365
10915...................................................... 11405
10955...................................................... 11445
10995...................................................... 11485
11035...................................................... 11525
11075...................................................... 11565
11115...................................................... 11605
11155 \1\.................................................. \1\ 11645
11185 \1\.................................................. \1\ 11685
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
(7) 40 MHz bandwidth channels:\2\
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10735...................................................... 11225
10775...................................................... 11265
10815...................................................... 11305
10855...................................................... 11345
10895...................................................... 11385
10935...................................................... 11425
10975...................................................... 11465
11015...................................................... 11505
11055...................................................... 11545
11095...................................................... 11585
11135 \1\.................................................. \1\ 11625
11175 \1\.................................................. \1\ 11665
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
\2\ In congested areas where 40 MHz channels block most 30 MHz channels,
radios authorized for 30 MHz bandwidths may use the 40 MHz channels.
In uncongested areas, 30 MHz channels should be used.
(p) 12,000-12700 MHz: The Commission has allocated the 12.2-12.7
GHz band for use by the broadcasting-satellite service. Private
operational fixed point-to-point microwave stations authorized after
September 9, 1983, will be licensed on a noninterference basis and are
required to make any and all adjustments necessary to prevent
interference to operating domestic broadcasting-satellite systems.
Notwithstanding any other provisions, no private operational fixed
point-to-point microwave stations are permitted to cause interference
to broadcasting-satellite stations of other countries operating in
accordance with the Region 2 plan for the broadcasting-satellite
service established at the 1983 WARC.
(q) Special provisions for low power, limited coverage systems in
the band segments 12.2 12.7 GHz. Notwithstanding any contrary
provisions in this part the frequency pairs 12.220/12.460 GHz, 12.260/
12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz may be authorized
for low power, limited coverage systems subject to the following
provisions:
(1) Maximum equivalent isotropically radiated power (EIRP) shall be
55 dBm;
(2) The rated transmitter output power shall not exceed 0.500
watts;
(3) Frequency tolerance shall be maintained to within 0.01 percent
of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the
sidelobe suppression criteria contained in Sec. 101.115 of this part
shall not apply, except that a minimum front-to-back ratio of 38 dB
shall apply;
(5) Upon showing of need, a maximum bandwidth of 12 MHz may be
authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section
shall have no more than three hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);
(7) Interfering signals at the receiver antenna terminals of
stations authorized under this section shall not exceed -90 dBm and -70
dBm respectively, for co-channel and adjacent channel interfering
signals, and
(8) Stations authorized under the provisions of this section shall
provide the protection from interference specified in Sec. 101.105 to
stations operating in accordance with the provisions of this part.
(r) 17,700 to 19,700 MHz: Applicants may use either a two-way link
or one frequency of a frequency pair for a one-way link and must
coordinate proposed operations pursuant to the procedures required in
Sec. 101.103. (Note, however, that stations authorized as of September
9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper
application, continue to be authorized for such operations.)
(1) 2 MHz maximum authorized bandwidth channel:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
18141.0.................................................... N/A
------------------------------------------------------------------------
(2) 5 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
340 MHz Separation
------------------------------------------------------------------------
18762.5.................................................... 19102.5
18767.5.................................................... 19107.5
18772.5.................................................... 19112.5
18777.5.................................................... 19117.5
18782.5.................................................... 19122.5
18787.5.................................................... 19127.5
18792.5.................................................... 19132.5
18797.5.................................................... 19137.5
18802.5.................................................... 19142.5
18807.5.................................................... 19147.5
18812.5.................................................... 19152.5
18817.5.................................................... 19157.5
------------------------------------------------------------------------
[[Page 26717]]
(3) 6 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
216 MHz Separation
------------------------------------------------------------------------
18145.0.................................................... N/A
18151.0.................................................... 18367.0
18157.0.................................................... 18373.0
18163.0.................................................... 18379.0
18169.0.................................................... 18385.0
18175.0.................................................... 18391.0
18181.0.................................................... 18397.0
18187.0.................................................... 18403.0
18193.0.................................................... 18409.0
18199.0.................................................... 18415.0
18205.0.................................................... 18421.0
18211.0.................................................... 18427.0
18217.0.................................................... 18433.0
18223.0.................................................... 18439.0
18229.0.................................................... 18445.0
18235.0.................................................... 18451.0
18241.0.................................................... 18457.0
18247.0.................................................... 18463.0
18253.0.................................................... 18469.0
18259.0.................................................... 18475.0
18265.0.................................................... 18481.0
18271.0.................................................... 18487.0
18277.0.................................................... 18493.0
18283.0.................................................... 18499.0
18289.0.................................................... 18505.0
18295.0.................................................... 18511.0
18301.0.................................................... 18517.0
18307.0.................................................... 18523.0
18313.0.................................................... 18529.0
18319.0.................................................... 18535.0
18325.0.................................................... 18541.0
18331.0.................................................... 18547.0
18337.0.................................................... 18533.0
18343.0.................................................... 18559.0
18349.0.................................................... 18565.0
18355.0.................................................... 18571.0
18361.0.................................................... 18577.0
------------------------------------------------------------------------
(4) 10 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 MHz Separation
------------------------------------------------------------------------
17705.0.................................................... 19265.0
17715.0.................................................... 19275.0
17725.0.................................................... 19285.0
17735.0.................................................... 19295.0
17745.0.................................................... 19305.0
17755.0.................................................... 19315.0
17765.0.................................................... 19325.0
17775.0.................................................... 19335.0
17785.0.................................................... 19345.0
17795.0.................................................... 19355.0
17805.0.................................................... 19365.0
17815.0.................................................... 19375.0
17825.0.................................................... 19385.0
17835.0.................................................... 19395.0
17845.0.................................................... 19405.0
17855.0.................................................... 19415.0
17865.0.................................................... 19425.0
17875.0.................................................... 19435.0
17885.0.................................................... 19445.0
17895.0.................................................... 19455.0
17905.0.................................................... 19465.0
17915.0.................................................... 19475.0
17925.0.................................................... 19485.0
17935.0.................................................... 19495.0
17945.0.................................................... 19505.0
17955.0.................................................... 19515.0
17965.0.................................................... 19525.0
17975.0.................................................... 19535.0
17985.0.................................................... 19545.0
17995.0.................................................... 19555.0
18005.0.................................................... 18565.0
18015.0.................................................... 19575.0
18025.0.................................................... 19585.0
18035.0.................................................... 19595.0
18045.0.................................................... 19605.0
18055.0.................................................... 19615.0
18065.0.................................................... 19625.0
18075.0.................................................... 19635.0
18085.0.................................................... 19645.0
18095.0.................................................... 19655.0
18105.0.................................................... 19665.0
18115.0.................................................... 19675.0
18125.0.................................................... 19685.0
18135.0.................................................... 19695.0
------------------------------------------------------------------------
340 MHz Separation
------------------------------------------------------------------------
18585.0.................................................... 18925.0
18595.0.................................................... 18935.0
18605.0.................................................... 18945.0
18615.0.................................................... 18955.0
18625.0.................................................... 18965.0
18635.0.................................................... 18975.0
18645.0.................................................... 18985.0
18655.0.................................................... 18995.0
18665.0.................................................... 19005.0
18675.0.................................................... 19015.0
18685.0.................................................... 19025.0
18695.0.................................................... 19035.0
18705.0.................................................... 19045.0
18715.0.................................................... 19055.0
18725.0.................................................... 19065.0
18735.0.................................................... 19075.0
18745.0.................................................... 19085.0
18755.0.................................................... 19095.0
18765.0.................................................... 19105.0
18775.0.................................................... 19115.0
18785.0.................................................... 19125.0
18795.0.................................................... 19135.0
18805.0.................................................... 19145.0
18815.0.................................................... 19155.0
------------------------------------------------------------------------
(5) 20 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 MHz Separation
------------------------------------------------------------------------
17710.0.................................................... 19270.0
17730.0.................................................... 19290.0
17750.0.................................................... 19310.0
17770.0.................................................... 19330.0
17790.0.................................................... 19350.0
17810.0.................................................... 19370.0
17830.0.................................................... 19390.0
17850.0.................................................... 19410.0
17870.0.................................................... 19430.0
17890.0.................................................... 19450.0
17910.0.................................................... 19470.0
17930.0.................................................... 19490.0
17950.0.................................................... 19510.0
17970.0.................................................... 19530.0
17990.0.................................................... 19550.0
18010.0.................................................... 19570.0
18030.0.................................................... 19590.0
18050.0.................................................... 19610.0
18070.0.................................................... 19630.0
18090.0.................................................... 19650.0
18110.0.................................................... 19670.0
18130.0.................................................... 19690.0
18590.0.................................................... 18930.0
------------------------------------------------------------------------
340 MHz Separation
------------------------------------------------------------------------
18610.0.................................................... 18950.0
18630.0.................................................... 18970.0
18650.0.................................................... 18990.0
18670.0.................................................... 19010.0
18690.0.................................................... 19030.0
18710.0.................................................... 19050.0
18730.0.................................................... 19070.0
18750.0.................................................... 19090.0
18770.0.................................................... 19110.0
18790.0.................................................... 19130.0
18810.0.................................................... 19150.0
------------------------------------------------------------------------
(6) 40 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 MHz Separation
------------------------------------------------------------------------
17720.0.................................................... 19280.0
17760.0.................................................... 19320.0
17800.0.................................................... 19360.0
17840.0.................................................... 19400.0
17880.0.................................................... 19440.0
17920.0.................................................... 19480.0
17960.0.................................................... 19520.0
18000.0.................................................... 19560.0
18040.0.................................................... 19600.0
18080.0.................................................... 19640.0
18120.0.................................................... 19680.0
------------------------------------------------------------------------
(7) 80 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 MHz Separation
------------------------------------------------------------------------
17740.0.................................................... 19300.0
17820.0.................................................... 19380.0
17900.0.................................................... 19460.0
17980.0.................................................... 19540.0
18060.0.................................................... 19620.0
------------------------------------------------------------------------
(8) 220 MHz maximum authorized bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
17810.0.................................................... 18470.0
18030.0.................................................... 19370.0
18250.0.................................................... 19590.0
------------------------------------------------------------------------
[[Page 26718]]
(9) The following frequencies are available for point-to-multipoint
DEMS Systems:
------------------------------------------------------------------------
Nodal station User station
Channel No. frequency band frequency band
(MHz) limits (MHz) limits
------------------------------------------------------------------------
25................................... 18,820-18,830 19,160-19,170
26.................................... 18,830-18,840 19,170-19,180
27.................................... 18,840-18,850 19,180-19,190
28.................................... 18,850-18,860 19,190-19,200
29.................................... 18,860-18,870 19,200-19,210
30.................................... 18,870-18,880 19,210-19,220
31.................................... 18,880-18,890 19,220-19,230
32.................................... 18,890-18,900 19,230-19,240
33.................................... 18,900-18,910 19,240-19,250
34.................................... 18,910-18,920 19,250-19,260
------------------------------------------------------------------------
(i) Each station will be limited to one frequency pair per SMSA.
Additional channel pairs may be assigned upon a showing that the
service to be provided will fully utilize the spectrum requested. A
channel pair may be subdivided as desired by the licensee.
(ii) A frequency pair may be assigned to more than one licensee in
the same SMSA or service area so long as the interference protection
criteria of Sec. 101.105 are met.
(10) Special provision for low power systems in the 17-700-19700
MHz band. Notwithstanding other provisions in this Rule part, licensees
of point-to-multipoint channel pairs 25-29 may operate multiple low
power transmitting devices within a defined service area. The service
area will be a 28 kilometer omnidirectional radius originating from
specified center reference coordinates. The specified center
coordinates must be no closer than 56 kilometers from any co-channel
nodal station or the specified center coordinates of another co-channel
system. Applicants/licensees do not need to specify the location of
each individual transmitting device operating within their defined
service areas. Such operations are subject to the following
requirements on the low power transmitting devices:
(i) Power must not exceed one watt EIRP and 100 milliwatts
transmitter output power,
(ii) A frequency tolerance of 0.001% must be maintained; and
(iii) The mean power of emissions shall be attenuated in accordance
with the following schedule:
(A) In any 4 kHz band, the center frequency of which is removed
from the center frequency of the assigned channel by more than 50
percent of the channel bandwidth and is within the bands 18,820-18870
MHz or 19,19160-19,210 MHz:
A=35+.003(F-0.5B) dB
or,
80 dB (whichever is the lesser attenuation).
Where
A=Attenuation (in decibels) below output power level contained within
the channel for a given polarization.
B=Bandwidth of channel in kHz.
F=Absolute value of the difference between the center frequency of the
4 kHz band measured at the center frequency of the channel in kHz.
(B) In any 4 kHz band the center frequency of which is outside the
bands 18.820-18.870 GHz: At least 43+10log10(mean output power in
watts) decibels.
(s) Special provisions for low power, limited coverage systems in
the band segments 21.8-22.0 GHz and 23.0-23.2 GHz. Notwithstanding any
contrary provisions in this part the frequency pairs 21.825/23.025 GHz,
21.875/23.075 GHz, 21.925/23.125 GHz and 21.975/23.175 GHz may be
authorized for low power, limited coverage systems subject to the
following provisions:
(1) Maximum effective radiated power (ERP) shall be 55 dBm;
(2) The rated transmitter output power shall not exceed 0.100
watts;
(3) Frequency tolerance shall be maintained to within 0.05 percent
of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the
sidelobe suppression criteria contained in Sec. 101.115 shall not
apply, except that a minimum front-to-back ratio of 38 dB shall apply;
(5) Upon showing of need, a maximum bandwidth of 50 MHz may be
authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section
shall have no more than five hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);
(7) Interfering signals at the antenna terminals of stations
authorized under this section shall not exceed -90 dBm and -70 dBm
respectively, for co-channel and adjacent channel interfering signals;
and
(8) Stations authorized under the provisions of this section shall
provide the protection from interference specified in Sec. 101.105 to
stations operating in accordance with the provisions of this part.
(t) 31.0 to 31.3 GHz. These frequencies are shared on a co-equal
basis with other stations in the fixed and mobile services (see parts
74 of this chapter, 95 of this chapter, and this part 101). No
interference protection is afforded to fixed or mobile stations
operating in this band.
(1) 25 MHz authorized bandwidth channels, 150 MHz separation:
------------------------------------------------------------------------
Receive)
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,012.5................................................... 31,162.5
31,037.5................................................... 31,187.5
31,062.5................................................... 31,212.5
31,087.5................................................... 31,237.5
31,112.5................................................... 31,262.5
31,137.5................................................... 31,287.5
------------------------------------------------------------------------
(2) 50 MHz authorized bandwidth channels, 150 MHz separation:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,025.0................................................... 31,175.0
31,075.0................................................... 31,225.0
31,125.0................................................... 31,275.0
------------------------------------------------------------------------
(u) Assignments in the band 38,600-40,000 MHz must be according to
the following frequency plan:
----------------------------------------------------------------------------------------------------------------
Channel group A Channel group B
----------------------------------------------------------------------------------------------------------------
Frequency band Frequency Band
Channel No. limits MHz Channel No. limits MHz
----------------------------------------------------------------------------------------------------------------
1-A....................................... 38,600-38,650 1-B............................... 39,300-39,350
2-A....................................... 38,650-38,700 1-B............................... 39,350-39,400
3-A....................................... 38,700-38,750 3-B............................... 39,400-39,450
4-A....................................... 38,750-38,800 4-B............................... 39,450-39,500
5-A....................................... 38,800-38,850 5-B............................... 39,500-39,550
6-A....................................... 38,850-38,900 6-B............................... 39,550-39,600
7-A....................................... 38,900-38,950 7-B............................... 39,600-39,650
8-A....................................... 38,950-39,000 8-B............................... 39,650-39,700
[[Page 26719]]
9-A....................................... 39,000-39,050 9-B............................... 39,700-39,750
10-A...................................... 39,050-39,100 10-B.............................. 39,750-39,800
11-A...................................... 39,100-39,150 11-B.............................. 39,800-39,850
12-A...................................... 39,150-39,200 12-B.............................. 39,850-39,900
13-A...................................... 39,200-39,250 13-B.............................. 39,900-39,950
14-A...................................... 39,250-39,300 14-B.............................. 39,950-40,000
----------------------------------------------------------------------------------------------------------------
Note to (u): These channels are assigned for use within a
rectangular service area to be described in the application by the
maximum and minimum latitudes and longitudes. Such service area must
be as small as practical consistent with the local service
requirements of the carrier. These frequency plans may be subdivided
as desired by the licensee and used within the service area as
desired without further authorization subject to the terms and
conditions set forth in Sec. 101.149. These frequencies may be
assigned only where it is shown that the applicant will have
reasonable projected requirements for a multiplicity of service
points or transmission paths within the area.
(v) Fixed systems licensed, in operation, or applied for in the
3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700
MHz bands prior to July 15, 1993, are permitted to use channel plans in
effect prior to that date, including adding channels under those plans.
(w) Operations on other than the listed frequencies may be
authorized where it is shown that the objectives or requirements of the
interference criteria prescribed in Sec. 101.105 could not otherwise be
met to resolve the interference problems.
(x) The frequency 27.255 MHz in the 27.23-27.28 MHz band is
allocated for assignment to microwave auxiliary stations in this
service on a shared basis with other radio services. Assignments to
stations on this frequency will not be protected from such interference
as may be experienced from the emissions of industrial, scientific and
medical equipment operating on 27.12 MHz in accordance with Sec. 2.106
of this chapter.
Sec. 101.149 Special requirements for operation in the band 38,600-
40,000 MHz
Assigned frequency channels in the band 38,600-40,000 MHz may be
subdivided and used anywhere in the authorized service area, subject to
the following terms and conditions:
(a) No interference may be caused to a previously existing station
operating in another authorized service area;
(b) Each operating station must have posted a copy of the service
area authorization; and
(c) The antenna structure height employed at any location may not
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in
each instance, authorization for use of a specific maximum antenna
structure for each location has been obtained from the FAA prior to the
erection of the antenna.
Subpart D--Operational Requirements
Sec. 101.201 Station inspection.
The licensee of each station authorized in the radio services
included in this part must make the station available for inspection by
representatives of the Commission at any reasonable hour.
Sec. 101.203 Communications concerning safety of life and property.
(a) Handling and transmission of messages concerning the safety of
life or property which is in imminent danger must be afforded priority
over other messages.
(b) No person may knowingly cause to be transmitted any false or
fraudulent message concerning the safety of life or property, or refuse
upon demand immediately to relinquish the use of a radio circuit to
enable the transmission of messages concerning the safety of life or
property which is in imminent danger, or knowingly interfere or
otherwise obstruct the transmission of such messages.
Sec. 101.205 Operation during emergency.
The licensee of any station in these services may, during a period
of emergency in which normal communication facilities are disrupted as
a result of hurricane, flood, earthquake, or similar disaster, utilize
such station for emergency communication service in a manner other than
that specified in the instrument of authorization: Provided:
(a) That as soon as possible after the beginning of such emergency
use, notice be sent to the Commission at Washington, DC stating the
nature of the emergency and the use to which the station is being put;
(b) That the emergency use of the station must be discontinued as
soon as substantially normal communication facilities are again
available;
(c) That the Commission at Washington, DC must be notified
immediately when such special use of the station is terminated;
(d) That, in no event, will any station engage in emergency
transmission on frequencies other than, or with power in excess of,
that specified in the instrument of authorization or as otherwise
expressly provided by the Commission, or by law; and
(e) That the Commission may, at any time, order the discontinuance
of any such emergency communication.
Sec. 101.207 Suspension of transmission.
Transmission must be suspended immediately upon detection by the
station or operator licensee or upon notification by the Commission of
a deviation from the technical requirements of the station
authorization and must remain suspended until such deviation is
corrected, except for transmission concerning the immediate safety of
life or property, in which case transmission must be suspended
immediately after the emergency is terminated.
Sec. 101.209 Operation of stations at temporary fixed locations for
communication between the United States and Canada or Mexico.
Stations authorized to operate at temporary fixed locations may not
be used for transmissions between the United States and Canada, or the
United States and Mexico, without prior specific notification to, and
authorization from, the Commission. Notification of such intended usage
of the facilities should include a detailed showing of the operation
proposed, including the parties involved, the nature of the
communications to be handled, the terms and conditions of such
operations, the time and place of operation, such other matters as the
applicant deems relevant, and a showing as to how the public interest,
convenience and necessity would be
[[Page 26720]]
served by the proposed operation. Such notification should be given
sufficiently in advance of the proposed date of operation to permit any
appropriate correlation with the respective foreign government involved
(see Secs. 101.31, 101.811, 101.813, and 101.815).
FR Doc. 96-12942 Terrestrial Microwave Fixed Radio Services
Sec. 101.211 Operator requirements.
(a) Any person, with the consent or authorization of the licensee,
may employ stations in this service for the purpose of
telecommunications in accordance with the conditions and limitations
set forth in Sec. 101.135.
(b) The station licensee is responsible for the proper operation of
the station at all times and is expected to provide for observations,
servicing and maintenance as often as may be necessary to ensure proper
operation.
(c) The provisions of paragraph (a) of this section may not be
construed to change or diminish in any respect the responsibility of
station licensees to have and to maintain control over the stations
licensed to them (including all transmitter units thereof), or for the
proper functioning and operation of those stations (including all
transmitter units thereof) in accordance with the terms of the licenses
of those stations.
Sec. 101.213 Station identification.
Stations in these services are exempt from the requirement to
identify transmissions by call sign or any other station identifier.
Sec. 101.215 Posting of station authorization and transmitter
identification cards, plates, or signs.
(a) Each licensee shall post at the station the name, address and
telephone number of the custodian of the station license or other
authorization if such license or authorization is not maintained at the
station.
(b) The requirements in paragraph (a) of this section do not apply
to remote stations using frequencies listed in Sec. 101.147(b).
Sec. 101.217 Station records.
Each licensee of a station subject to this part shall maintain
records in accordance with the following:
(a) For all stations, the results and dates of transmitter
measurements and the name of the person or persons making the
measurements;
(b) For all stations, when service or maintenance duties are
performed, which may affect their proper operation, the responsible
operator shall sign and date an entry in the station record concerned,
giving:
(1) Pertinent details of all transmitter adjustments performed by
him or under his supervision; and
(2) His name and address, provided that this information, so long
as it remains unchanged, is not required to be repeated in the case of
a person who is regularly employed as operator on a full-time basis at
the station.
(c) The records shall be kept in an orderly manner, and in such
detail that the data required are readily available. Key letters or
abbreviations may be used if proper meaning or explanation is set forth
in the record.
(d) Each entry in the records of each station shall be signed by a
person qualified to do so, having actual knowledge of the facts to be
recorded.
(e) No record or portion thereof shall be erased, obliterated, or
willfully destroyed within the required retention period. Any necessary
correction may be made only by the person originating the entry, who
shall strike out the erroneous portion, initial the correction made and
indicate the date of correction.
(f) Records required by this part shall be retained by the licensee
for a period of at least one year.
Subpart E--Miscellaneous Common Carrier Provisions
Sec. 101.301 National defense; free service.
Any common carrier authorized under the rules of this part may
render to any agency of the United States Government free service in
connection with the preparation for the national defense. Every such
carrier rendering any such free service must make and file, in
duplicate, with the Commission, on or before the 31st of July and on or
before the 31st day of January in each year, reports covering the
periods of 6 months ending on the 30th of June and the 31st of
December, respectively, next prior to said dates. These reports must
show the names of the agencies to which free service was rendered
pursuant to this rule, the general character of the communications
handled for each agency, and the charges in dollars which would have
accrued to the carrier for such service rendered to each agency if
charges for such communications had been collected at the published
tariff rates.
Sec. 101.303 Answers to notices of violation.
Any person receiving official notice of a violation of the terms of
the Communications Act of 1934, as amended, any other Federal statute
or Executive Order pertaining to radio or wire communications or any
international radio or wire communications treaty or convention, or
regulations annexed thereto to which the United States is a party, or
the rules and regulations of the Federal Communications Commission,
must, within 10 days from such receipt, send a written answer to the
office of the Commission originating the official notice. If an answer
cannot be sent or an acknowledgment made within such 10-day period by
reason of illness or other unavoidable circumstances, acknowledgment
and answer must be made at the earliest practicable date with a
satisfactory explanation of the delay. The answer to each notice must
be complete in itself and may not be abbreviated by reference to other
communications or answers to other notices. If the notice relates to
some violation that may be due to the physical or electrical
characteristics of transmitting apparatus, the answer must state fully
what steps have been taken to prevent future violations, and, if any
new apparatus is to be installed, the date such apparatus was ordered,
the name of the manufacturer, and promised date of delivery. If the
installation of such apparatus requires a construction permit, the file
number of the application must be given or, if a file number has not
been assigned by the Commission, such identification as will permit
ready reference thereto. If the notice of violation relates to
inadequate maintenance resulting in improper operation of the
transmitter, the name and license number of the operator performing the
maintenance must be given. If the notice of violation relates to some
lack of attention to, or improper operation of, the transmitter by
other employees, the reply must enumerate the steps taken to prevent a
recurrence of such lack of attention or improper operation.
Sec. 101.305 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station in
the Common Carrier Radio Services is involuntarily discontinued,
reduced or impaired for a period exceeding 48 hours, the station
licensee must promptly notify the Commission, in writing, at Federal
Communications Commission, Common Carrier Radio Services, 1270
Fairfield Road, Gettysburg, Pennsylvania 17325. In every such case, the
licensee must furnish full particulars as to the reasons for such
discontinuance, reduction or impairment of service, including a
statement as to when normal service is expected to be resumed. When
normal service is resumed, prompt notification thereof must be given in
writing to the Federal Communications Commission, Common Carrier Radio
Services, 1270
[[Page 26721]]
Fairfield Road, Gettysburg, Pennsylvania 17325.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, may voluntarily discontinue, reduce or impair
public communication service to a community or part of a community
without obtaining prior authorization from the Commission pursuant to
the procedures set forth in part 63 of this chapter. In the event that
permanent discontinuance of service is authorized by the Commission,
the station licensee must promptly send the station license to the
Federal Communications Commission, Common Carrier Radio Services, 1270
Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation.
(c) Any common carrier station licensee, not subject to title II of
the Communications Act of 1934, as amended, who voluntarily
discontinues, reduces or impairs public communication service to a
community or a part of a community must give written notification to
the Commission within 7 days thereof. In the event of permanent
discontinuance of service, the station licensee must promptly send the
station license to the Federal Communications Commission, Common
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania
17325 for cancellation.
(d) If any common carrier radio frequency should not be used to
render any service as authorized during a consecutive period of twelve
months at any time after construction is completed under circumstances
that do not fall within the provisions of paragraph (a), (b), or (c) of
this section, or, if removal of equipment or facilities has rendered
the station not operational, the licensee must, within thirty days of
the end of such period of nonuse:
(1) Submit for cancellation the station license (or licenses) to
the Federal Communications Commission, Common Carrier Radio Services,
1270 Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation;
(2) File an application for modification of the license (or
licenses) to delete the unused frequency (or frequencies); or
(3) Request waiver of this rule and demonstrate either that the
frequency will be used (as evidenced by appropriate requests for
service, etc.) within six months of the end of the initial period of
nonuse, or that the frequency will be converted to allow rendition of
other authorized public services within one year of the end of the
initial period of nonuse by the filing of appropriate applications
within six months of the end of the period of nonuse.
Sec. 101.307 Tariffs, reports, and other material required to be
submitted to the Commission.
Sections 1.771 through 1.815 of this chapter contain summaries of
certain materials and reports, including schedule of charges and
accounting and financial reports, which, when applicable, must be filed
with the Commission.
Sec. 101.309 Requirement that licensees respond to official
communications.
All licensees in these services are required to respond to official
communications from the Commission with reasonable dispatch and
according to the tenor of such communications. Failure to do so will be
given appropriate consideration in connection with any subsequent
applications which the offending party may file and may result in the
designation of such applications for hearing, or in appropriate cases,
the institution of proceedings looking to the modification or
revocation of the pertinent authorizations.
Sec. 101.311 Equal employment opportunities.
Equal opportunities in employment must be afforded by all common
carrier licensees in accordance with the provisions of Sec. 21.307 of
this chapter.
Subpart F--Developmental Authorizations
Sec. 101.401 Eligibility.
Developmental authorizations for stations in the radio services
included in this part will be issued only to existing and proposed
licensees who are legally, financially and otherwise qualified to
conduct experimentation for the development of engineering or
operational data, or techniques, directly related to a proposed radio
service or to a regularly established radio service regulated by the
rules of this part.
Sec. 101.403 Scope of service.
Developmental authorizations may be issued for:
(a) Field strength surveys relative to or precedent to the filing
of applications for licenses, in connection with the selection of
suitable locations for stations proposed to be established in any of
the regularly established radio services regulated by the rules of this
part; or
(b) The testing of existing or authorized antennas, wave guides,
paths, or other equipment used in a system subject to this part.
Sec. 101.405 Adherence to program of research and development.
The program of research and development, as stated by an applicant
in the application for license or stated in the instrument of station
authorization, must be substantially adhered to unless the licensee is
otherwise authorized by the Commission.
Sec. 101.407 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of the
rules in this part.
(a) An authorization for the development of a new service not in
accordance with the provisions of the rules in this part may be granted
for a limited time, but only after the Commission has made a
preliminary determination with respect to the factors set forth in this
paragraph, as each case may require. This procedure also applies to any
application that involves use of a frequency which is not in accordance
with the provisions of the rules in this part, although in accordance
with the Table of Frequency Allocations contained in part 2 of this
chapter. (An application which involves use of a frequency which is not
in accordance with the Table of Frequency Allocations in part 2 of this
chapter should be filed in accordance with the provisions of part 5 of
this chapter, Experimental Radio Services.) The factors with respect to
which the Commission will make a preliminary determination before
acting on an application filed under this paragraph are as follows:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or the use
of the proposed frequency;
(2) That the proposed operation appears to warrant consideration to
effect a change in the provisions of the rules in this part; and/or
(3) That some operational data should be developed for
consideration in any rule making proceeding which may be initiated.
(b) Applications for stations that are intended to be used in the
development of a proposed service must be accompanied by a petition to
amend the Commission's rules with respect to frequencies and such other
items as may be necessary to provide for the regular establishment of
the proposed service.
Sec. 101.409 Terms of grant; general limitations.
(a) Developmental authorizations normally will be issued for one
year, or such shorter term as the Commission
[[Page 26722]]
may deem appropriate in any particular case, and will be subject to
cancellation without hearing by the Commission at any time upon notice
to the licensee.
(b) Where some phases of the developmental program are not covered
by the general rules of the Commission or by the rules of this part,
the Commission may specify supplemental or additional requirements or
conditions in each case as it may deem necessary in the public
interest, convenience or necessity.
(c) Frequencies allocated to the service toward which such
development is directed will be assigned for developmental operation on
the basis that no interference will be caused to the regular services
of stations operating in accordance with the Commission's Table of
Frequency Allocations (Sec. 2.106 of this chapter).
(d) The rendition of communication service for hire is not
permitted under any developmental authorizations unless specifically
authorized by the Commission.
(e) The grant of a developmental authorization carries with it no
assurance that the developmental program, if successful, will be
authorized on a permanent basis either as to the service involved or
the use of the frequencies assigned or any other frequencies.
Sec. 101.411 Supplementary showing required.
(a) Authorizations for development of a proposed radio service in
the services included in this part will be issued only upon a showing
that the applicant has a definite program of research and development,
the details of which must be set forth, which has reasonable promise of
substantial contribution to these services within the term of such
authorization. A specific showing should be made as to the factors
which qualify the applicant technically to conduct the research and
development program, including a description of the nature and extent
of engineering facilities that the applicant has available for such
purposes.
(b) Expiring developmental authorizations may be renewed only upon
the applicant's compliance with the applicable requirements of
Sec. 101.413 (a) and (b) relative to the authorization sought to be
renewed and upon a factual showing that further progress in the program
of research and development requires further radio transmission and
that the public interest, convenience or necessity would be served by
renewal of such authorization.
Sec. 101.413 Developmental report required.
(a) Upon completion of the program of research and development, or,
in any event, upon the expiration of the instrument of station
authorization under which such investigations were permitted, or at
such times during the term of the station authorization as the
Commission may deem necessary to evaluate the progress of the
developmental program, the licensee must submit, in duplicate, a
comprehensive report on the following items, in the order designated:
(1) Report on the various phases of the project which were
investigated;
(2) Total number of hours of operation on each frequency assigned;
(3) Copies of any publication on the project;
(4) Detailed analysis of the result obtained; and
(5) Any other pertinent information.
(b) In addition to the information required by paragraph (a) of
this section, the developmental report of a station authorized for the
development of a proposed radio service must include comprehensive
information on the following items:
(1) Probable public support and methods of its determination;
(2) Practicability of service operations;
(3) Interference encountered;
(4) Pertinent information relative to merits of the proposed
service;
(5) Propagation characteristics of frequencies used, particularly
with respect to the service objective;
(6) Frequencies believed to be more suitable and reasons therefor;
and
(7) Type of signals or communications employed in the experimental
work.
(c) Developmental reports will be made a part of the Commission's
public records, except upon the applicant's specific request for
confidentiality and Commission approval in accordance with Sec. 0.459
of this chapter. Information determined confidential by the Commission
will not be publicly disclosed.
Subpart G--Digital Electronic Message Service
Sec. 101.501 Eligibility.
Applications will be granted only in cases in which the applicant
establishes it is legally, technically, financially and otherwise
qualified to render the services proposed and that the public interest,
convenience and necessity would be served by such a grant. Each
application will identify the Standard Metropolitan Statistical Area
(SMSA) within which boundaries the Digital Electronic Message Service
(DEMS) nodal station will be constructed and which the facility will
serve.
Sec. 101.503 Digital Electronic Message Service Nodal Stations.
DEMS Nodal Stations may be authorized only as a part of an
integrated communication system wherein DEMS User Stations associated
therewith also are licensed to the DEMS Nodal Station licensee.
Applications for DEMS Nodal Station licenses should specify the maximum
number of DEMS User Stations to be served by that nodal station. Any
increase in that number must be applied for pursuant to Sec. 101.15.
Sec. 101.505 Frequencies.
(a) Frequencies in the 17,700-19,700 MHz band are available for
assignment for all DEMS applicants. Assignment will consist of a pair
of channels as set out in paragraph (c) of this section plus internodal
channels as set out in paragraph (d) of this section.
(b) Licensees may apply for an additional channel pair in an SMSA
only when it is operating its previously authorized DEMS at or near the
expected capacity and the service to be provided will fully utilize all
spectrum requested.
(c) DEMS assignments will be made according to the following plan,
except that systems licensed, in operation, or applied for in the
10,565-10,615 and 10,630-10,680 MHz bands prior to July 15, 1993 are
permitted to use frequencies in those bands if they prior coordinate
with 10 GHz point-to-point licensees:
------------------------------------------------------------------------
Nodal station User station
Channel No frequency band frequency band
(MHz) (MHz)
------------------------------------------------------------------------
30.................................... 18,870-18,880 19,210-19,220
31.................................... 18,880-18,890 19,220-19,230
32.................................... 18,890-18,900 19,230-19,240
33.................................... 18,900-18,910 19,240-19,250
34.................................... 18,910-18,920 19,250-19,260
------------------------------------------------------------------------
Note to (c): These channel pairs will be assigned in each SMSA
and may be subdivided as desired by the licensee.
(d) Internodal link assignments are to be made in accordance with
the provisions of Subpart I of this part, applying to point-to-point
operations.
Sec. 101.507 Frequency stability.
The frequency stability of each DEMS Nodal Station transmitter
authorized for this service in the 17,700-19,700 MHz band must be
0.001%. The frequency stability of each DEMS User Station
transmitter authorized for this service in this band must be
0.003%.
Sec. 101.509 Interference protection criteria.
(a) All harmful interference to other users and blocking of
adjacent channel
[[Page 26723]]
use in the same city and cochannel use in nearby Standard Metropolitan
Statistical Areas is prohibited. In areas where SMSA's are in close
proximity, careful consideration should be given to minimum power
requirements and to the location, height, and radiation pattern of the
transmitting antenna. Licensees and applicants are expected to
cooperate fully in attempting to resolve problems of potential
interference before bringing the matter to the attention of the
Commission.
(b) As a condition for use of frequencies in this service each
carrier is required to:
(1) Engineer the system to be reasonably compatible with adjacent
channel operations in the same city; and
(2) Cooperate fully and in good faith to resolve whatever potential
interference and transmission security problems may be present in
adjacent channel operation.
(c) The following interference studies, as appropriate, must be
included with each application for a new or major modification in a
DEMS Nodal Station:
(1) An analysis of the potential for harmful interference with
other stations if the coordinates of any proposed station are located
within 80 kilometers (50 miles) of the coordinates of any authorized,
or previously proposed station(s) that utilizes, or would utilize, the
same frequency or an adjacent potentially interfering frequency; and
(2) An analysis concerning possible adverse impact upon Canadian
communications if the station's transmitting antenna is to be located
within 55 kilometers (35 miles) of the Canadian border.
(d) In addition a copy of the interference analysis submitted in
response to paragraph (c)(1) of this section must be served on all
applicants and/or grantees concerned within 5 days of its submission to
the Commission.
Sec. 101.511 Purpose and permissible service.
(a) The DEMS is intended to provide for the exchange of digital
information among and between subscribers using one or more DEMS
Systems.
(b) Unless otherwise directed or conditioned in the applicable
instrument of authorization, DEMS may be used to exchange any type of
digital information consistent with the Commission's Rules and the
applicable tariff of the carrier.
(c) The carrier's tariff must fully describe the parameters of the
service to be provided, including the degree of communications security
a subscriber can expect in ordinary service.
Sec. 101.513 Transmitter power.
The transmitter power will be governed by Sec. 101.113. Further,
each application must contain an analysis demonstrating compliance with
Sec. 101.113(a).
Sec. 101.515 Emissions and bandwidth.
Different types of emissions may be authorized if the applicant
describes fully the modulation and bandwidth desired, and demonstrates
that the bandwidth desired is no wider than needed to provide the
intended service. In no event, however, may the necessary or occupied
bandwidth exceed the specified channel width of the assigned pair.
Sec. 101.517 Antennas.
(a) Transmitting antennas may be omnidirectional or directional,
consistent with coverage and interference requirements.
(b) The use of horizontal or vertical plane wave polarization, or
right hand or left hand rotating elliptical polarization must be used
to minimize harmful interference between stations.
(c) Directive antennas must be used at all DEMS User Stations and
may be elevated no higher than necessary to assure adequate service.
Antenna structures requiring FAA notification under part 17 of this
chapter must be registered with the Commission. The structure owner is
responsible for registering, painting, and lighting the structure if
applicable. Requests for such authorization must show the inclusive
dates of the proposed operation.
Sec. 101.519 Interconnection.
(a) All DEMS licensees must make available to the public all
information necessary to allow the manufacture of user equipment that
will be compatible with the licensee's network.
(b) All DEMS licensees must make available to the public all
information necessary to allow interconnection of DEMS networks.
Sec. 101.521 Spectrum utilization.
All applicants for DEMS frequencies must submit as part of the
original application a detailed plan indicating how the bandwidth
requested will be utilized. In particular the application must contain
detailed descriptions of the modulation method, the channel time
sharing method, any error detecting and/or correcting codes, any
spatial frequency reuse system and the total data throughput capacity
in each of the links in the system. Further, the application must
include a separate analysis of the spectral efficiency including both
information bits per unit bandwidth and the total bits per unit
bandwidth.
Subpart H--Private Operational Fixed Point-to-Point Microwave
Service
Sec. 101.601 Eligibility
Any person, or any governmental entity or agency, eligible for
licensing in a radio service under parts 80, 87, or 90 of this chapter
or any person proposing to provide communications service to such
persons, governmental entities or agencies is eligible to hold a
license under this subpart.
Sec. 101.603 Permissible communications.
(a) Except as provided in paragraph (b) of this section, stations
in this radio service may transmit communications as follows:
(1) On frequencies below 21,200 MHz, licensees may transmit their
own communications, including the transmission of their products and
information services, to their customers except that the distribution
of video entertainment material to customers is permitted only as
indicated in Sec. 101.101 and paragraph (a)(2) of this section.
(2) In the frequency bands 6425-6525 MHz, 18,142-18,580 MHz and on
frequencies above 21,200 MHz, licensees may deliver any of their own
products and services to any receiving location;
(3) Licensees may transmit the communications of their parent
corporation, or of another subsidiary of the same parent, or their own
subsidiary where the party to be served is regularly engaged in any of
the activities that constitute the basis for eligibility to use the
frequencies assigned;
(4) Licensees may transmit the communications of other parties in
accordance with Sec. 101.135;
(5) Licensees may transmit emergency communications unrelated to
their activities in accordance with Sec. 101.205;
(6) Licensees may transmit communications on a commercial basis to
eligible users, among different premises of a single eligible user, or
from one eligible user to another as part of transmissions by Digital
Electronic Message Service systems on the frequencies provided for this
purpose;
(7) Licensees may transmit program material from one location to
another, provided that the frequencies do not serve as the final RF
link in the chain of distribution of the program material to broadcast
stations;
(b) Stations licensed in this radio service shall not:
(1) Render a common carrier communications service of any kind;
[[Page 26724]]
(2) Transmit program material for use in connection with
broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of
this section; and/or
(3) Be used to provide the final RF link in the chain of
transmission of program material to cable television systems,
multipoint distribution systems or master antenna TV systems, except in
the frequency bands 6425-6525 and 18,142-18,580 MHz and on frequencies
above 21,200 MHz.
Subpart I--Common Carrier Fixed Point-to-Point Microwave Service
Sec. 101.701 Eligibility.
(a) Authorizations for stations in this service will be issued to
existing and proposed common carriers. Applications will be granted
only in cases in which it is shown that:
(1) The applicant is legally, technically, financially and
otherwise qualified to render the proposed service;
(2) There are frequencies available to enable the applicant to
render a satisfactory service; and
(3) The public interest, convenience, and necessity would be served
by a grant thereof.
(b) If the content is originated, selected, controlled, or
otherwise substantively influenced by the applicant, licensee, or a
closely affiliated entity, no station or radio frequency in this
service will be authorized, or may be utilized, to transmit any closed
circuit television signals or television signals other than broadcast
television signals, unless:
(1) Such service is otherwise permitted for a specific length of
time by grant of an acceptable petition for waiver of this rule; or
(2) Such service is otherwise permitted by a condition in the
applicable instrument of authorization; or
(3) Such service is provided pursuant to applicable FCC tariff and
is temporary and occasional intra-company television communication for
management, network supervision, or other internal carrier functions.
For purposes of this paragraph, an entity will be considered to be
``closely affiliated'' with an applicant if it is in a parent-
subsidiary relationship, or both are commonly controlled, or they have
any common officers or management employees.
(c) Applications for stations or frequencies that will be used
primarily to relay broadcast television signals must include a
demonstration (including appropriate system diagrams and tables) that
at least fifty percent of the customers (or points of service) on the
microwave system involved, including those served through an
interconnecting carrier(s), receiving applicant's service, will not be
related or affiliated in any degree with the applicant, and that the
proposed usage by such customers, in terms of hours of use and channels
delivered, must constitute at least fifty percent of the usage of the
applicant's microwave service.
Applications that do not contain these demonstrations will be
returned as unacceptable for filing.
Sec. 101.703 Permissible communications.
Stations in this service are authorized to render any kind of
communication service provided for in the legally applicable tariffs of
the carrier, unless otherwise directed in the applicable instrument of
authorization or limited by Sec. 101.147 or Secs. 101.111 and 101.113.
Sec. 101.705 Renewal of station licenses.
(a) An application for renewal of a station license in the Common
Carrier Fixed Point-to-Point Microwave Service primarily used to relay
television signals must contain:
(1) A statement that such use complies with Sec. 101.701(b); and
(2) The demonstration required by Sec. 101.701(c). Applications
that do not contain these items as appropriate will be returned as
unacceptable for filing.
(b) Any application for renewal of license, for a term commencing
January 1, 1975, or after, involving facilities utilizing frequency
diversity must contain a statement showing compliance with
Sec. 101.103(c) or the exceptions recognized in paragraph 141 of the
``First Report and Order'' in Docket No. 18920 (29 FCC 2d 870). (This
document is available at: Federal Communications Commission, Library
(Room 639), 1919 M Street, NW., Washington, DC.) If not in compliance,
a complete statement with the reasons therefor must be submitted.
Subpart J--Local Television Transmission Service
Sec. 101.801 Eligibility.
Authorizations for stations in this service will be granted to
existing and proposed communication common carriers. Applications will
be granted only in cases where it is shown that:
(a) The applicant is legally, financially, technically and
otherwise qualified to render the proposed service;
(b) There are frequencies available to enable the applicant to
render a satisfactory service; and
(c) The public interest, convenience or necessity would be served
by a grant thereof.
Sec. 101.803 Frequencies.
(a) Frequencies in the following bands are available for assignment
to television pickup and television non-broadcast pickup stations in
this service:
6,425 to 6,525 MHz. (6)
11,700 to 12,200 MHz. (3)
13,200 to 13,250 MHz. (1)
14,200 to 14,400 MHz.
21,200 to 22,000 MHz. (1), (2), (4), (5)
22,000 to 23,600 MHz. (1), (2), (5)
31,000 to 31,300 MHz. (7)
Notes
(1) This frequency band is shared with fixed and mobile stations
licensed under this and other parts of the Commission's Rules.
(2) This frequency band is shared with Government stations.
(3) This frequency band is shared, on a secondary basis, with
stations in the broadcasting-satellite and fixed-satellite services.
(4) This frequency band is shared with stations in the earth-
exploration satellite service.
(5) Assignments to common carriers in this band are normally
made in the segments 21,200-21,800 MHz and 22,400-23,800 MHz and to
operational fixed users in the segments 21,800-22,400 MHz and
23,000-23,600 MHz. Assignments may be made otherwise only upon a
showing that interference free frequencies are not available in the
normally assigned band segments. The maximum power for the local
television transmission service in the 14.2-14.4 GHz band is +45 dBW
except that operations are not permitted within 1.5 degrees of the
geostationary orbit.
(6) This band is co-equally shared with mobile stations licensed
pursuant to parts 74 and 78 of this chapter, and subpart H of this
part.
(7) Use of this spectrum for direct delivery of video programs
to the general public or multi-channel cable distribution is not
permitted.
(b) Communications common carriers in the Local Television
Transmission Service may be assigned frequencies listed in
Secs. 74.602(a), 78.18(a)(7) and 78.18(a)(8) of this chapter to provide
service to television broadcast stations, television broadcast network-
entities, cable system operators and cable network-entities. Frequency
availability is subject to the provisions of Sec. 74.604 of this
chapter and the use of the facility is limited to the permissible uses
described in Secs. 74.631 and 78.11 of this chapter. Operations on
these frequencies are subject to the technical provisions of part 74,
subpart F, and part 78, subpart D of this chapter.
(c) [Reserved]
(d) Frequencies in the following bands are available for assignment
to television STL stations in this service:
3,700 to 4,200 MHz (1)
5,925 to 6,425 MHz (1),(5)
[[Page 26725]]
10,700 to 11,700 MHz (1),(6)
13,200 to 13,250 MHz (2)
21,200 to 22,000 MHz (2),(4),(7),(8)
22,000 to 23,600 MHz (2),(6),(8)
31,000 to 31,300 MHz (9)
Notes
(1) This frequency band is shared with stations in the Point to
Point Microwave Radio Service and, in United States Possessions in
the Caribbean area, with stations in the International Fixed
Radiocommunications Services.
(2) This frequency band is shared with fixed and mobile stations
licensed under this and other parts of the Commission's rules.
(3) This frequency band is shared with space stations (space to
earth) in the fixed-satellite service.
(4) This frequency band is shared with Government stations.
(5) This frequency band is shared with earth stations (earth to
space) in the fixed-satellite services.
(6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared
with space stations (space to earth) in the fixed-satellite service.
(7) This frequency band is shared with space stations (space to
earth) in the earth exploration satellite service.
(8) Assignments to common carriers in this band are normally
made in the segments 21,200-21,800 MHz and 22,400-23,000 MHz and to
operational fixed users in the segments 21,800-22,400 MHz and
23,000-23,600 MHz. Assignments may be made otherwise only upon a
showing that interference free frequencies are not available in the
appropriate band segments.
(9) Frequencies in this band are co-equally shared with stations
in the Auxiliary Broadcasting (part 74) of this chapter, Cable
Television Relay (part 78) of this chapter, Private Operational-
Fixed Microwave (subpart H) of this part, and General Mobile Radio
Services (part 95) of this chapter.
(e) 31.0 to 31.3 GHz. These frequencies are shared on a co-equal
basis with other stations in the fixed and mobile services (see parts
74, 78, and 95 of this chapter, and subpart H of this part). No
interference protection is afforded to fixed or mobile stations
operating in this band.
(1) 25 MHz authorized bandwidth channels, 150 MHz separation.
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,012.5................................................... 31,162.5
31,037.5................................................... 31,187.5
31,062.5................................................... 31,212.5
31,087.5................................................... 31,237.5
31,112.5................................................... 31,262.5
31,137.5................................................... 31,287.5
------------------------------------------------------------------------
(2) 50 MHz authorized bandwidth channels, 150 MHz separation.
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,025.0................................................... 31,175.0
31,075.0................................................... 31,225.0
31,125.0................................................... 31,275.0
------------------------------------------------------------------------
(f) On the condition that harmful interference will not be caused
to services operating in accordance with the Table of Frequency
Allocations, persons holding valid station authorizations on July 15,
1963, to provide television nonbroadcast pickup service in the 6525-
6575 MHz band may be authorized to continue use of the frequencies
specified in their authorization for such operations until July 15,
1968.
(g) 6425 to 6525 MHz--Mobile Only. Paired and un-paired operations
permitted. Use of this spectrum for direct delivery of video programs
to the general public or for multi-channel cable distribution is not
permitted. This band is co-equally shared with mobile stations licensed
pursuant to parts 74 and 78 of this chapter. The following channel
plans apply.
(1) 1 MHz maximum authorized bandwidth channels.
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6425.5..................................................... 6475.5
6450.5..................................................... 6500.5
------------------------------------------------------------------------
(2) 8 MHz maximum authorized bandwidth channels.
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6430.0..................................................... 6480.0
6438.0..................................................... 6488.0
6446.0..................................................... 6596.0
6455.0..................................................... 6505.0
6463.0..................................................... 6513.0
6471.0..................................................... 6521.0
------------------------------------------------------------------------
(3) 25 MHz maximum authorized bandwidth channels.
------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6437.5..................................................... 6487.5
6462.5..................................................... 6512.5
------------------------------------------------------------------------
(h) The frequency 27.255 MHz in the 27.23-27.28 MHz band is
allocated for assignment to microwave auxiliary stations in this
service on a shared basis with other radio services. Assignments to
stations on this frequency will not be protected from such interference
as may be experienced from the emissions of industrial, scientific and
medical equipment operating on 27.12 MHz in accordance with Sec. 2.106
of this chapter.
Sec. 101.805 Assignment of frequencies to mobile stations.
The assignment of frequencies to mobile stations in this service
will not be limited to a single licensee within any area. However,
geographical limits within which mobile units may operate may be
imposed by the Commission.
Sec. 101.807 Transmitter power.
Stations in this service will not be authorized to use transmitters
having a rated power output in excess of the limits set forth in
Sec. 101.113(b) and a standby transmitter having a rated power output
in excess of that of the main transmitter with which it is associated
will not be authorized.
Sec. 101.809 Bandwidth and emission limitations.
(a) Stations in this service operating on frequencies in the 27.23-
27.28 MHz band will be authorized to employ only amplitude modulated or
frequency modulated emission for radiotelephony. The authorization to
use such emissions will be construed to include authority to employ
unmodulated emission only for temporary or short periods necessary for
equipment testing incident to the construction and maintenance of the
station.
(b) Stations in the service operating on frequencies above 940 MHz
may be authorized to use amplitude modulated, frequency modulated or
pulse type of emission for radiotelephony and television. In addition,
the use of unmodulated emission may be authorized in appropriate cases.
(c) The maximum bandwidths which will normally be authorized for
single channel operation on frequencies below 500 MHz in this service
must not exceed the limits set forth below:
------------------------------------------------------------------------
Authorized
Type of emission bandwidth
(kHz)
------------------------------------------------------------------------
A3E........................................................ 8
F3E or (G3E)............................................... 40
------------------------------------------------------------------------
(d) Maximum bandwidths in the following frequency bands must not
exceed the limits set forth below:
------------------------------------------------------------------------
Maximum
authorized
Frequency band (MHz) bandwidth
(MHz)
------------------------------------------------------------------------
3,700 to 4,200............................................. 20
5,925 to 6,425............................................. 30
6,425 to 6,525............................................. 25
10,700 to 12,200........................................... 40
13,200 to 13,250........................................... 25
[[Page 26726]]
22,000 to 23,600........................................... 100
------------------------------------------------------------------------
(e) The bandwidths authorized on frequencies above 500 MHz must be
appropriate to the type of operation in any particular case. An
application requesting such authorization must fully describe the
modulation, emission, and bandwidth desired and must specify the
bandwidth to be occupied.
Sec. 101.811 Modulation requirements.
(a) The use of modulating frequencies higher than 3000 hertz for
single channel radiotelephony or tone signaling on frequencies below
500 MHz is not authorized.
(b) When amplitude modulation is used, the modulation percentage
must be sufficient to provide efficient communication and must normally
be maintained above 70 percent on positive peaks, but may not exceed
100 percent on negative peaks.
(c) When phase or frequency modulation is used for single channel
radiotelephony on frequencies below 500 MHz, the deviation arising from
modulation may not exceed plus or minus 15 kHz from the unmodulated
carrier.
(d) Each unmultiplexed radiotelephone transmitter having more than
3 watts plate power input to the final radio frequency stage and
initially installed at the station in this service after September 4,
1956, must be provided with a device that will automatically prevent
modulation in excess of that specified in paragraphs (b) and (c) of
this section which may be caused by greater than normal audio level.
Sec. 101.813 Remote control operation of mobile television pickup
stations.
(a) Mobile television pickup stations (including nonbroadcast) may
be operated by remote control from the fixed locations for periods not
to exceed 6 months.
(b) The Commission may, upon adequate showing by the licensee as to
why the television pickup operations should not be conducted under a
fixed station authorization, renew the authority granted under the
provisions of paragraph (a) of this section.
(c) Reference should be made to Sec. 101.125 concerning mobile
station antenna height restrictions and to paragraphs (c) and (f) of
Sec. 101.131 concerning control points.
Sec. 101.815 Stations at temporary fixed locations.
(a) Authorizations may be issued upon proper application for the
use of frequencies listed in Sec. 101.803 by stations in the Local
Television Transmission Service for rendition of temporary service to
subscribers under the following conditions:
(1) When a fixed station is to remain at a single location for less
than 6 months, the location is considered to be temporary. Services
that are initially known to be of longer than 6 months' duration may
not be provided under a temporary fixed authorization but rendered
pursuant to a regular license.
(2) When a fixed station authorized to operate at temporary
locations is installed and it subsequently becomes necessary for the
station to operate from such location for more than six months,
application FCC Form 494 for a station authorization to specify the
permanent location must be filed at least thirty days prior to the
expiration of the six month period.
(3) The station must be used only for rendition of communication
service at a remote point where the provision of wire facilities is not
practicable.
(4) The antenna structure height employed at any location may not
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in
each instance, authorization for use of a specific maximum antenna
structure height for each location has been obtained from the
Commission prior to erection of the antenna. See Sec. 101.125.
(5) Applications for such stations must comply with the provisions
of Sec. 101.713.
(b) Applications for authorizations to operate stations at
temporary locations under the provisions of this section may be made
upon FCC Form 494. Blanket applications may be submitted for the
required number of transmitters.
(c) Prior coordination of mobile assignments will be in accordance
with the procedures in Sec. 101.103(d) except that the prior
coordination process for mobile (temporary fixed) assignments may be
completed orally and the period allowed for response to a coordination
notification may be less than 30 days if the parties agree.
Sec. 101.817 Notification of station operation at temporary locations.
(a) The licensee of stations authorized pursuant to Sec. 101.813
must notify the Commission prior to each period of operation. This
notification may be oral or written and must include:
(1) The call sign, manufacturer's name, type or model number,
output power and specific location of the transmitter(s);
(2) The maintenance location for the transmitter;
(3) The location of the transmitting or receiving station with
which it will communicate and the identity of the correspondent
operating such facilities;
(4) The exact frequency or frequencies to be used;
(5) The public interest, convenience and necessity to be served by
operation of the proposed installation;
(6) The commencement and anticipated termination dates of operation
from each location. In the event the actual termination date differs
from the previous notification, written notice thereof promptly must be
given to the Commission;
(7) Where the notification contemplates initially a service that is
to be rendered for a period longer than 90 days, the notification must
contain a showing as to why application should not be made for regular
authorization; and
(8) A notification must include compliance with the provisions of
Sec. 101.813(c).
(b) A copy of the notification must be kept with the station
license.
Sec. 101.819 Stations affected by coordination contour procedures.
In frequency bands shared with the communication-satellite service,
applicants must also comply with the requirements of Sec. 101.21.
Note: This attachment will not be published in the Code of
Federal Regulations.
Attachment--Cross Reference Table
------------------------------------------------------------------------
Present section Final section
------------------------------------------------------------------------
Part 21
------------------------------------------------------------------------
Subpart A--General
------------------------------------------------------------------------
21.1................................... 101.1
21.2................................... 101.3
------------------------------------------------------------------------
Subpart B--Applications and Licenses
------------------------------------------------------------------------
21.3................................... 101.5
21.4................................... 101.7
21.5................................... 101.9
21.6................................... 101.11
21.7................................... 101.15
21.11.................................. 101.15
21.13.................................. 101.19
21.15.................................. 101.21
21.19.................................. 101.23
21.20.................................. 101.35
21.21.................................. 101.25
21.22.................................. 101.27
21.23.................................. 101.29
21.25.................................. 101.31
21.26.................................. 101.35
21.27.................................. 101.37
[[Page 26727]]
21.28.................................. 101.39
21.29.................................. 101.41
21.30.................................. 101.43
21.31.................................. 101.45
21.32.................................. 101.47
21.33.................................. 101.49
21.35.................................. 101.51
21.38.................................. 101.53
21.39.................................. 101.55
21.40.................................. 101.57
21.41.................................. 101.59
21.42.................................. 101.61
21.43.................................. 101.63
21.44.................................. 101.65
21.45.................................. 101.67
21.50.................................. 101.69
------------------------------------------------------------------------
Subpart C--Technical Standards
------------------------------------------------------------------------
21.100................................. 101.103
21.101................................. 101.107
21.105................................. 101.109
21.106................................. 101.111
21.107................................. 101.113
21.108 (a) through (e)................. 101.115(a)-(d)
21.108(e).............................. 101.145
21.110................................. 101.117
21.111................................. 101.119
21.112................................. 101.121
21.113................................. 101.123
21.114................................. 101.125
21.116................................. 101.127
21.117................................. 101.129
21.118................................. 101.131
21.119................................. 101.133(a)
21.120................................. 101.139
21.122................................. 101.141
------------------------------------------------------------------------
Subpart D--Technical Operations
------------------------------------------------------------------------
21.200................................. 101.201
21.201................................. 101.215
21.209................................. 101.205
21.210................................. 101.207
21.211................................. 101.209
21.214................................. 101.211
------------------------------------------------------------------------
Subpart E--Miscellaneous
------------------------------------------------------------------------
21.301................................. 101.301
21.302................................. 101.303
21.303................................. 101.305
21.304................................. 101.307
21.306................................. 101.309
21.307................................. 101.311
------------------------------------------------------------------------
Subpart F--Developmental Authorizations
------------------------------------------------------------------------
21.400................................. 101.401
21.401................................. 101.403
21.402................................. 101.405
21.403................................. 101.407
21.404................................. 101.409
21.405................................. 101.411
21.406................................. 101.413
------------------------------------------------------------------------
Subpart G--Digital Electronic Message Service
------------------------------------------------------------------------
21.500................................. 101.501
21.501................................. 101.503
21.502................................. 101.505
21.503................................. 101.507
21.504................................. 101.509
21.505................................. 101.511
21.506................................. 101.513
21.507................................. 101.113
21.508................................. 101.515
21.509................................. 101.517
21.510................................. 101.519
21.511................................. 101.521
------------------------------------------------------------------------
Subpart H--[Reserved]
------------------------------------------------------------------------
Subpart I--Point-to-Point Microwave Radio Service
------------------------------------------------------------------------
21.700................................. 101.701
21.701................................. 101.147
21.702................................. 101.113
21.703................................. 101.109 and 101.111
21.704................................. 101.141
21.705................................. 101.703
21.706................................. 101.21
21.707................................. 101.31
21.708................................. 101.31
21.709................................. 101.705
21.710................................. 101.145 (a) through (c)
21.710(d).............................. 101.141
21.711................................. 101.149
------------------------------------------------------------------------
Subpart J--Local Television Transmission Service
------------------------------------------------------------------------
21.800................................. 101.801
21.801................................. 101.803
21.802................................. 101.805
21.803................................. 101.807
21.804................................. 101.809
21.805................................. 101.811
21.806................................. 101.813
21.807................................. 101.815
21.808................................. 101.817
21.809................................. 101.819
------------------------------------------------------------------------
Subpart K--Multipoint Distribution Service
------------------------------------------------------------------------
[This Subpart retained in Part 21]
------------------------------------------------------------------------
Part 94--
------------------------------------------------------------------------
Subpart A--General Information
------------------------------------------------------------------------
94.1................................... 101.1
94.3................................... 101.3
94.5................................... 101.601
94.7................................... 101.7(a)
94.9................................... 101.603
94.11(a)............................... 101.133(b)
94.11(b)............................... 101.205
94.13.................................. 101.137
94.15(a)............................... 101.103(a)
94.15(e)............................... 101.149
94.15(f)............................... 101.149
94.15(g)............................... 101.149
94.17.................................. 101.135
94.19.................................. 101.133(c)
------------------------------------------------------------------------
Subpart B--Applications, Authorizations, and Notifications
------------------------------------------------------------------------
94.23.................................. 101.5(a)
94.25(a)(b)............................ 101.11
94.25(d)............................... 101.13(b)
94.25 (e).............................. 101.13(c)
94.25(f)............................... 101.123(a)
94.25(g)............................... 101.123(b)
94.25(h)............................... 101.603(b)(3)
94.25(i)............................... 101.123(c)
94.25(j)............................... 101.13(f)
94.25(k)............................... 101.101
94.27.................................. 101.13
94.29.................................. 101.33
94.31(a)............................... 101.19
94.31(d)............................... 101.411
94.31(e)............................... 101.13(b)
94.31(f)............................... 101.19
94.31(h)............................... 101.121
94.31(i)............................... 101.5(c)
94.31(k)............................... 101.147
94.33.................................. 101.35
94.35(b)............................... 101.39(a)
94.37.................................. 101.47
94.39(a)............................... 101.67(d)
94.39(b)............................... 101.409
94.41.................................. 101.47(d)
94.43.................................. 101.31
94.45.................................. 101.57(d)(e)
94.47(a)............................... 101.53(a)
94.47(b)............................... 101.55(b)
94.51.................................. 101.63
94.53.................................. 101.65(d)
94.59.................................. 101.69
------------------------------------------------------------------------
Subpart C--Technical Standards
------------------------------------------------------------------------
94.61.................................. 101.101
94.63.................................. 101.105
94.65.................................. 101.147
94.67.................................. 101.107
94.69.................................. 101.109(b)
94.71(a)............................... 101.109(a)
94.71(b)............................... 101.109(c)
94.71.................................. 101.111 (c) through (e)
94.73.................................. 101.113
94.75(a)(b)............................ 101.115
94.75.................................. 101.115 (d) through (f)
94.75(h)............................... 101.517
94.77(a)............................... 101.145
94.79.................................. 101.143
94.81.................................. 101.139
94.83.................................. 101.131(a)
94.88.................................. 101.147(r)(10)
94.90.................................. 101.147(q)
94.91.................................. 101.147(s )
94.92.................................. 101.105(d)
94.93.................................. 101.147(p)
94.94.................................. 101.141(e)
------------------------------------------------------------------------
Subpart D--Station Operating Requirements
------------------------------------------------------------------------
94.101................................. 101.209
94.103................................. 101.211
94.105................................. 101.213
94.107................................. 101.215
94.109................................. 101.201
[[Page 26728]]
94.111................................. 101.121
94.113................................. 101.217
------------------------------------------------------------------------
Subpart E--Developmental Operation
------------------------------------------------------------------------
94.151................................. 101.401
94.153................................. 101.407
94.155................................. 101.405
94.157................................. 101.409(b)
94.159................................. 101.409(b)
94.161................................. 101.409
94.163................................. 101.411
94.165................................. 101.413
------------------------------------------------------------------------
[FR Doc. 96-12942 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-12838 Periodic Inspection and Testing of Cylinders
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26750-26764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12838]
[[Page 26749]]
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Part V
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
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49 CFR Parts 171 and 173
Periodic Inspection and Testing of Cylinders; Final Rule
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules
and Regulations
[[Page 26750]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171 and 173
[Docket No. HM-220A, Amdt Nos. 171-143, 173-251]
RIN 2137-AC59
Periodic Inspection and Testing of Cylinders
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is amending the requirements contained in the Hazardous
Materials Regulations pertaining to the maintenance and requalification
of DOT specification and exemption cylinders used for transportation of
compressed gases in commerce. These changes clarify current inspection
and retest requirements, incorporate certain regulatory
interpretations, and add new provisions. The intent of these changes is
to enhance public safety by clarifying the regulations for those
persons who perform periodic inspection and testing of cylinders.
DATES: Effective date: The effective date of these amendments is
October 1, 1996.
Compliance date: Voluntary compliance with the regulations is
authorized immediately.
Incorporation by reference date: The incorporation by reference of
certain publications listed in these amendments has been approved by
the Director of the Federal Register to be effective on October 1,
1996.
FOR FURTHER INFORMATION CONTACT: Theresa Gwynn or Hattie L. Mitchell,
telephone (202) 366-4488, Office of Hazardous Materials Standards,
Research and Special Programs Administration, Department of
Transportation, 400 Seventh Street SW., Washington DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On October 18, 1995, RSPA published a notice of proposed rulemaking
(NPRM; Notice No. 95-13; 60 FR 54008) under Docket HM-220A proposing to
amend the requirements contained in the Hazardous Materials Regulations
pertaining to the maintenance and requalification of DOT specification
and exemption cylinders used for transportation of compressed gases in
commerce. Comments were due by December 15, 1995. RSPA received several
requests to extend the comment period and, although RSPA did not extend
the comment period, it did consider late-filed comments.
RSPA received more than 30 comments, and several commenters filed
supplements to their initial comments. These comments represent the
views of various trade associations, cylinder manufacturers and owners,
compressed gas suppliers, fire safety equipment suppliers, independent
hydrostatic retest operators and manufacturers of hydrostatic retest
equipment and cylinder relief valves. All of the commenters were in
general agreement with the NPRM's clarification goal, but many
expressed concerns about specific proposals and suggested that RSPA
make additional changes.
A number of commenters requested that RSPA delay this rulemaking
and incorporate it into a future rulemaking in which RSPA will propose
the revision and reorganization of all cylinder specifications in Part
178 (Docket HM-220, Regulation Identification Number 2137-AA92; See DOT
Semiannual Regulatory Agenda, 60 FR 60296, 60434, November 28, 1995).
RSPA also intends to propose that all requirements applicable to the
inspection, retest, repair and continuing requalification of cylinders
be moved from section 173.34 to part 180. However, RSPA believes that
some of the regulatory requirements in section 173.34(e) are not
sufficiently clear and, based on safety concerns regarding retest and
condemnation procedures, are in need of immediate clarification.
Therefore, this final rule is being issued now to address the
persistent questions and problems that the regulated community
experiences in this area.
Some comments were beyond the scope of this rulemaking and thus,
not addressed in this rule; however, RSPA will, where feasible,
consider incorporating these comments in the future rulemaking. In
addition, the reorganization of section 173.34(e) will require the
correction of the section references contained in the Guidelines for
Civil Penalties (Appendix A to Subpart D of Part 107). RSPA intends to
accomplish this editorial correction in a future rulemaking.
II. Discussion of Comments
Section 173.34(e)
Revision of Retest Table
A number of commenters noted that the section references contained
in the proposed Retest and Inspection of Cylinders table (NPRM, pages
54013-14) were incorrect. The table has been revised to list the
correct section references. In addition, RSPA incorporated two
requirements previously found in section 173.34(e) (7) and (12) as
footnotes to the retest table.
In the NPRM, RSPA invited comments on whether table entries were
needed to specify retest pressure or frequency for any specification,
exemption or special permit cylinder. Although most comments supported
such a change, RSPA has not included those entries in the table at this
time. RSPA is considering, as a part of HM-220, how to provide this
information for the specification cylinders to retesters while not
expanding the table to an unmanageable size. RSPA agrees with those
commenters who recommended that the table contain a generic entry that
refers to a copy of the current exemption for the exemption cylinders.
This final rule revises the table to include such an entry.
Another commenter suggested that the following note be placed at
the end of the retest table: ``Foreign acetylene cylinders must be
tested in accordance with the same requirements as those of DOT 8,
8AL.'' This suggestion has not been adopted in this final rule because
there has not been an adequate opportunity for the public to comment on
this proposed revision. However, RSPA will consider this comment in a
future rulemaking.
General Requirements and Retester Authorization
RSPA proposed amending section 173.34(e)(1)(ii) to prohibit the
use, for transportation of a hazardous material in commerce, of a DOT
specification or exemption cylinder that is required to be periodically
inspected or tested unless the cylinder is marked with an inspection or
test date indicating that it is qualified for use. Several commenters
pointed out what they perceived as an apparent conflict between the
language proposed in section 173.34(e)(1)(ii) and the language found in
section 173.34(a)(1). Section 173.34(a)(1) prohibits a person from
charging or filling a DOT specification cylinder with a hazardous
material when the cylinder's retest date has expired, but permits the
shipment of an ``out-of-test date'' cylinder which was charged or
filled prior to the test date. The commenters stated that the proposed
language represented dramatic change to the current application of the
regulations. RSPA did not intend to change the current application of
section 173.34(e)(1)(ii), and the proposed language has been reworded
to clarify that the prohibition is against charging or filling a DOT
specification cylinder after the cylinder's retest date has expired.
[[Page 26751]]
A commenter suggested that RSPA add a new paragraph in section
173.34(e) to explicitly recognize that there are certain conditions
(e.g., corrosion or dents) that would require a cylinder to be removed
from service prior to the scheduled retest date. RSPA has not adopted
this comment because this situation is addressed adequately in section
173.34(a)(1), which states: ``A cylinder that leaks, is bulged, has
defective valves or safety devices, bears evidence of physical abuse,
fire or heat damage, or detrimental rusting or corrosion, must not be
used unless it is properly repaired * * *.''
Proposed section 173.34(e)(2) sets forth the procedure to obtain
retester authorization, in the form of a retester identification number
(RIN), and to renew that authorization. A commenter stated that the
proposed section does not specify from whom the retester is to obtain a
RIN application. RSPA agrees and has revised the regulatory language to
include this information.
A commenter requested that RSPA revise section 173.34(e)(2) to
specifically prohibit a retester from being authorized to perform
retests in mobile operated stations such as vans. RSPA has not
incorporated this comment because it is outside the scope of this
rulemaking. In addition, RSPA has no information that would demonstrate
that a retester could not comply with the applicable requirements of
the HMR using a mobile station.
Several commenters requested that RSPA clarify whether persons who
only perform visual inspections on DOT specification or exemption
cylinders need a RIN. RSPA has revised section 173.34(e)(2)(i) to
clarify that a person is not required to obtain a RIN, if the person
only performs visual inspections on DOT specification or exemption
cylinders.
In sections 173.34(e) (2)(i), (2)(iv) and (2)(v), RSPA proposed
three new requirements. First, a retester's authority to mark a
cylinder with a RIN and an inspection or test date would be contingent
on the retester operating in compliance with the terms of the RIN
issuance letter. Second, a retester would be required to inform RSPA in
writing of any change in the company's address, cylinder qualification
personnel or testing equipment within 20 days. (RSPA now imposes these
two requirements under the terms of the RIN issuance letter.) Third, a
retester would be required to maintain, at each facility where
inspection and retesting is performed, the relevant parts of 49 CFR;
copies of the current exemptions for all exemption cylinders inspected,
retested or marked; and all Compressed Gas Association (CGA) pamphlets
incorporated by reference in section 171.7 that apply to the retester's
activities.
A commenter stated that the requirement in proposed section
173.34(e)(2)(v) that a retester maintain ``current copies'' of certain
CGA publications was confusing. The commenter indicated that it was
unclear whether ``current'' referred to the most recent edition
published by the CGA or the edition incorporated in the HMR. A retester
must maintain, at each location where it inspects, retests or marks
cylinders, the edition of each CGA publication incorporated by
reference in section 171.7 that applies to retester's cylinder
inspection, retesting and marking activities. To eliminate ambiguity,
RSPA has clarified the language of this section.
Another commenter suggested that, instead of referring to a
specific CGA publication, RSPA add the language ``or a more current
edition.'' RSPA has not adopted this suggestion. Regulations of the
Office of the Federal Register require that materials incorporated by
reference must be identified by title, date, edition, author, publisher
and identification number of the publication (see 1 CFR Part 51).
Visual Inspection
Several commenters requested that additional language be added to
section 173.34(e)(3) to clarify that a visual inspection is required
each time a cylinder is retested. RSPA agrees with this comment and has
inserted additional language to clarify this existing requirement. In
addition, RSPA has added language to section 173.34(e)(2)(i) to clarify
that a person who only performs a visual inspection and marks the
cylinder with the inspection date does not need a RIN. However, CGA
petitioned RSPA (P-1090) to add the requirement that such persons
obtain a RIN. RSPA will consider this issue in the future rulemaking.
Retesting
RSPA received numerous comments concerning the retest requirements
proposed in section 173.34(e)(4). A commenter requested that RSPA
revise this section to reflect that expanding the calibrated cylinder
to the prescribed level and then checking the pressure gauge provides
the most precise indication of test system accuracy and, therefore, is
the preferred method. RSPA has not adopted this comment. There are a
number of acceptable methods that indicate test system accuracy, and
RSPA believes this choice is best left to the individual retest
operator.
Several commenters suggested revisions concerning proposed section
173.34(e)(4)(ii). One commenter stated that it is not feasible to allow
a 1 percent accuracy on the pressure-indicating device and a 1 percent
accuracy on the expansion-indicating device and achieve a 1 percent
accuracy for the total test system. The commenter stated that either
the accuracy requirements for the two components of the test system
must be reduced or the overall test system accuracy must be increased
to account for both components of the test system being at the maximum
allowable accuracy limit.
In the NPRM, RSPA was attempting to clarify two key concepts:
device accuracy (i.e., how truthfully the system displays, or records,
the actual pressure or expansion being measured) and device resolution
(i.e., the smallest incremental unit at which a measuring instrument or
system must be capable of being read, or recorded, so as to meet or
exceed the measurement accuracy requirement). RSPA proposed that a
retester compare the pressure- and expansion-indicating devices against
a calibrated standard daily to check their accuracy. However, if the
scale of the indicating device does not show the proper resolution, the
accuracy of the reading is not assured. Thus, section 173.34(e)(4)(ii)
in the NPRM proposed resolution standards for both pressure- and
expansion-indicating devices, while section 173.34(e)(4)(iii) proposed
accuracy standards for both.
The commenter has combined these two concepts and suggested that
there must be a larger range for total test system accuracy. RSPA
proposed that the pressure-indicating device and the expansion-
indicating device each have an accuracy of 0.5% and the
total test system accuracy be 1.0%. In order to achieve a
1% system accuracy, the pressure-indicating device (gauge or digital
equivalent) and the expansion-indicating device (burette or load cell)
each must be calibrated to \1/2\ of 1% within the usable range. RSPA
proposed this accuracy standard because when the system is being tested
against a known benchmark (i.e., a calibrated cylinder), the standard
is readily achievable and allows the retester to verify the structural
integrity of the cylinder.
As previously stated, this accuracy standard is separate and
distinct from the resolution standard. In a system using pressure
gauges, for example, if a pressure gauge reads only in increments of 50
psi, and the minimum prescribed test pressure for a cylinder to be
tested
[[Page 26752]]
is 1000 psi, the gauge would show insufficient resolution to determine
accuracy. A gauge with a finer scale is needed. To achieve the required
resolution, the gauge divisions should permit reading of pressures to
within 10 psi, which is 1% of the cylinder's minimum prescribed test
pressure (1000 psi). Because mid-point interpolation is permissible and
10 psi is one-half of 20 psi, a gauge of no greater than 20 psi
increments can be used for this example. Thus, whether the pressure-
indicating device meets the resolution standard is separate from
whether the device meets the accuracy standard.
In addition, RSPA proposed at section 173.34(e)(4)(iii)(A) that
``[t]he pressure indicating device * * * must permit readings of
pressure from 90%-120% of the minimum prescribed test pressure of the
cylinder to be tested.'' Several commenters opposed this requirement
and stated that the requirement should specify a range of 90%-110% of
test pressure. The commenters maintained that the NPRM's requirement
would impose a financial burden on the industry without a safety
benefit. The commenter stated that the current industry standard (CGA
Pamphlet C-1) prohibits pressuring a cylinder above 110% of the
specified test pressure. In addition, the commenter estimated that
there were approximately 1,000 test systems equipped with gauges
capable of reading 110% of the specified test pressure. The commenter
estimated the cost of replacement at $450 per gauge and the total cost
to industry of complying with this proposal to be in excess of
$500,000. Because the main goal of this rule is clarification, not
substantive change, RSPA is revising the proposed requirement and is
specifying a 90%-110% range.
RSPA requested comments on whether calibration should be required
more or less frequently than the proposed daily calibration, and
whether, for example, it is appropriate to require a calibration check
at the beginning of each shift (for those facilities operating more
than one shift per day), for each change in retest operator, or at some
other frequency. Most commenters supported the daily calibration
requirement proposed in section 173.34(e)(4)(iii). Two commenters
suggested that calibration be required at the beginning of each shift.
Another commenter indicated that it is important for each retest
operator to have actual knowledge that the retest equipment is
accurate. After reviewing the comments, RSPA has decided that the
appropriate calibration verification interval is daily and thus, when
conducting hydrostatic retests, a retest operator must verify the
calibration of the equipment at least once each 24-hour period.
In addition, one commenter suggested that proposed section
173.34(e)(4)(iv) be revised to read: ``The test equipment must be
verified to be accurate within 1% of the calibrated
cylinder's pressure * * *.'' RSPA agrees that this language clarifies
the requirement and has incorporated this language into the rule.
RSPA proposed in section 173.34(e)(4)(iii) to allow a retester to
use a method other than a calibrated cylinder if the retester receives
written authorization from the Associate Administrator for Hazardous
Materials Safety. One commenter inquired whether RSPA would grant this
authorization to each individual retest facility or whether the
authorization could be in the form of a more general notice. A retester
who seeks to use a method not specifically recognized by the HMR must
request written authorization to use that method. RSPA would review
each request and, if it found the method acceptable, grant written
authorization only to each specific retest facility requesting
approval. If RSPA found that it was receiving and authorizing numerous
requests for one particular alternative method, it would initiate a
rulemaking to incorporate the alternative method into the HMR.
Proposed section 173.34(e)(4)(v) restates the current requirements
for cylinder retesting, including the requirement to hold minimum test
pressure for at least 30 seconds and as long as necessary for full
cylinder expansion, and the prohibition on pressurizing a cylinder
above 90 percent of test pressure before a retest. When the system
apparatus fails to hold pressure after test pressure has been reached,
retest is authorized at a pressure increased by 10 percent or 100 psi,
whichever is less.
The NPRM invited comments on whether RSPA should: (1) Specify the
period of time a retest operator must wait, after applying more than 90
percent of test pressure, before a second retest, (2) limit the number
of permissible retests after apparatus failure, and (3) specify a
standard for condemnation in the event of overpressurization. Most
commenters opposed RSPA specifying requirements in any of these areas.
They cited a wide range of reasons for opposing these requirements.
Among those commenters who supported RSPA establishing standards in
these areas, there was no consensus as to what the standards should be.
After reviewing the comments, RSPA believes further evaluation is
required and is not adopting any of these standards in this rulemaking.
One commenter asked if there was a time frame between retests that
would negate the requirement to increase the retest pressure and if a
cylinder would still have to be tested at a higher test pressure if
repairs to the retest equipment took several days. At this time, RSPA
is unable to cite a specific time frame between retests that would
negate the requirement to increase the retest pressure following an
equipment failure. However, a brief passage of time, for example, where
repairs to the retest equipment take several days, would not negate the
requirement to increase the test pressure following an equipment
failure.
The commenter also asked how many times a retest could be performed
before the cylinder must be condemned due to excessive pressurization.
A cylinder must be condemned when the retest results exceed the
permanent expansion limit. Thus, once this limit is exceeded, a
retester must condemn the cylinder and no further retesting is
permitted. This final rule contains language emphasizing that a second
retest is authorized only when the testing apparatus has failed to hold
test pressure.
One commenter requested that RSPA expand the conditions under which
a second retest is permitted. The commenter requested that RSPA add
``improper procedure'' and ``operator error'' as conditions under which
a retester could repeat a retest at a higher test pressure. The
commenter stated that equipment malfunction is not the only potential
cause of an invalid test. RSPA has not adopted this comment. Such a
revision would allow a retest operator to repeat a test under any
condition by simply attributing it to ``operator error'' and to retest
until the desired results were obtained.
In addition, one commenter suggested that, at least every six
months, retest operators be required to use a dead weight or master
gauge to recalibrate the pressure gauge used for retesting. RSPA did
not propose this standard in the NPRM and questions whether a six-month
interval is the proper frequency for recalibrating the pressure gauge
when compared to the additional costs. Because the proposal exceeds the
scope of this rulemaking, and there was no opportunity for public
comment on its additional costs, RSPA is not adopting this comment.
One commenter suggested revisions to proposed section 173.34(e)(11)
(paragraph (e)(10) in this rule.) The
[[Page 26753]]
commenter inquired whether the requirements of pressure gauge accuracy,
readability and daily verification were applicable to the ``modified
hydrostatic test.'' The commenter stated that because there is only one
calibration device in the modified hydrostatic test system, there is no
reason to verify the device's accuracy on a daily basis. The fact that
the modified hydrostatic test system has only one calibration device
increases, not decreases, the need for daily verification. Therefore,
RSPA is not adopting this comment.
The commenter also requested that RSPA clarify the system
requirements for the modified hydrostatic test. RSPA has added language
to clarify that an external visual inspection is part of the modified
hydrostatic retest. In addition, as stated in section 173.34(e)(11),
the system requirements for the modified hydrostatic retest are the
same as the hydrostatic retest with the exception of the water jacket
and the determination of the cylinder's total and permanent expansions.
Marking
RSPA proposed several changes to the marking requirements contained
in section 173.34(e)(7). RSPA received a number of comments concerning
these proposed changes. One commenter stated that, as proposed, the
requirement for marking a cylinder with a RIN remains confusing and
needs to be rewritten for clarification. RSPA has reviewed the language
in proposed section 173.34(e)(7) and has made minor modifications to
improve the section's clarity.
One commenter suggested that RSPA require a retester to mark its
RIN on a cylinder regardless of the test method used. RSPA has not
adopted this comment, because this change in marking procedures was not
proposed in the NPRM and there has not been an opportunity to comment
on this additional marking burden. In addition, the commenter requested
that the marking concepts of DOT Exemption E-11372 be incorporated into
this rulemaking. RSPA has not had an opportunity to evaluate all the
effects of this comment and therefore, will consider this comment in a
future rulemaking.
Cylinder Rejection/Condemnation
RSPA received a number of comments on the proposed requirements, in
sections 173.34(e) (5) and (6).
One commenter suggested that RSPA revise the proposed language of
section 173.34(e)(5) to stress that a cylinder that has been rejected
may be requalified by repairing the defect (e.g., bad foot ring or
damaged collar). RSPA agrees and has revised this section to clarify
that a cylinder that has been rejected may be requalified by repairing
the defect.
Several commenters noted that the preamble language described the
proposed rule as requiring a condemned cylinder to be stamped with a
series of X's over the DOT specification number and service pressure or
with the word ``CONDEMNED'' on the shoulder, top head, or neck of the
cylinder was inconsistent with the regulatory language requiring a
retester to apply both markings. The proposed regulatory language was
incorrect and should have tracked the preamble language. RSPA is
revising this rule to allow the retester to decide whether to stamp a
condemned cylinder with a series of X's or the word ``CONDEMNED.''
A commenter requested that RSPA revise proposed section
173.34(e)(6)(ii) to shorten the word ``CONDEMNED'' to ``CNDMD.'' The
commenter stated that such a revision would save the retester time and
expense. RSPA recognizes that the proposed requirement will require
more time than stamping ``CNDMD''. However, the proposed language is a
better method to communicate to the public that the cylinder is not
qualified to be used for the transportation of hazardous materials and
is a better method to prevent condemned cylinders from being used to
transport hazardous materials. Within the general public, there could
be confusion concerning the meaning of ``CNDMD.'' In addition, as
stated above, the retester has the option of stamping a condemned
cylinder with a series of X's over the DOT specification number and
service pressure. However, if stamping the word ``CONDEMNED'' or a
series of X's over the DOT specification number and service pressure
would create an undue burden on a retester, then under section
173.34(e)(7), the retester can make a written request for a variation
to the marking requirement.
Another commenter inquired as to how to stamp a fully-wrapped
cylinder with the word ``CONDEMNED'' if there is not sufficient space
on the neck of the cylinder. If there is not sufficient space to stamp
the cylinder with the word ``CONDEMNED'' then, under this rule, a
retester can exercise the option of stamping a series of X's over the
DOT specification number and service pressure.
Several commenters suggested that a retester be required to mark
its RIN on a condemned cylinder. One commenter stated: ``Otherwise, a
person wishing to claim a steel cylinder for scrap metal could simply
`X' out the DOT specifications.'' RSPA is not aware that such a
practice has become a problem, and RSPA does not believe the addition
of a RIN would discourage or prevent such a practice. RSPA has not
adopted this comment because this additional step would increase the
cost of condemnation without any offsetting benefit.
One commenter stated that the CGA pamphlets cited in proposed
section 173.34(e)(6)(i)(A) do not provide sufficient information for
the retester to make an objective determination as to what would
``appreciably weaken'' a given cylinder. RSPA has reviewed each of the
CGA pamphlets incorporated by reference in section 173.34(e)(6)(i)(A)
and finds that they provide a safe minimum standard for condemnation
procedures.
RSPA received only one comment opposing the written notification
requirement for rejected and condemned cylinders in proposed sections
173.34 (e)(5)(ii) and (e)(6)(ii) (sections 173.34 (e)(5)(iii) and
(e)(6)(iii) of this rule). The commenter stated that this requirement
``would generate unnecessary paperwork and would not improve the
chances that a condemned cylinder will not be refilled.'' This written
requirement gives the cylinder's owner actual notice that the cylinder
can no longer be used to transport hazardous materials. In light of the
potential civil liability considerations, this additional step will
increase the likelihood that the cylinder owner will promptly remove
the cylinder from service involving hazardous materials.
Proposed section 173.34(e)(6)(ii) would allow a retester, at the
direction of the owner, to render the cylinder incapable of holding
pressure in some fashion (e.g., by damaging the cylinder threads or
drilling through the cylinder wall). Several commenters suggested that
RSPA add regulatory language authorizing the retester, without the
permission of the owner, to render a condemned cylinder unserviceable
by ``drilling a hole in the side or by damaging the threads.'' These
commenters stated that simply marking the cylinders with a series of
X's is not sufficient to ensure a condemned cylinder is not returned to
service.
RSPA must balance the commenters' concerns against the property
interests of the cylinder's owner. Because the cylinder in most cases
is not the property of the retester and a condemned cylinder may be
used for purposes other than the transportation of hazardous materials
in commerce, RSPA is not authorizing the retester to ``render the
cylinder incapable of holding pressure'' unless the cylinder's
[[Page 26754]]
owner has given permission to the retester.
One commenter requested that RSPA further clarify the phrase
``render the cylinder incapable of holding pressure.'' The commenter
indicated that it knew of instances ``in which cylinders that had holes
drilled in them by owners or retesters * * * were `repaired' using auto
body filler or similar material.'' The commenter recommended that the
HMR specify three actions a retester could take that would render a
condemned cylinder incapable of holding pressure. RSPA has not adopted
this comment. There are numerous actions a retester may take that would
render a cylinder incapable of holding pressure. RSPA is not mandating
any particular action but instead leaves this decision to the
discretion of the cylinder's owner or, with the permission of the
owner, the retester.
Recordkeeping
RSPA received a number of comments concerning the recordkeeping
requirements proposed in section 173.34(e)(8). RSPA proposed that the
retest record contain those entries previously required, as well as the
cylinder manufacturer's name or symbol, cylinder dimensions and
identification of the retest operator. One commenter requested that the
language proposed in section 173.34(e)(8)(ii)(B) be revised to indicate
that a retester is required to record only the information that is
marked on the cylinder. The commenter stated that millions of cylinders
are marked with only an owner's mark and are not marked with the
manufacturer's name or symbol. Another commenter requested that the
regulation allow a retester to use a code or symbol to represent the
cylinder's dimensions. The commenter also requested that RSPA add the
word ``actual'' prior to ``test pressure'' to avoid any confusion as to
whether the retest operator should record the actual test pressure or
the specified test pressure. Additionally, to clarify the recordkeeping
procedures, the commenter requested that RSPA delete the phrase
``disposition, with reason for retest'' and insert ``disposition, with
reason for any repeated test.'' RSPA agrees with each of these comments
and has made the appropriate changes.
One commenter was opposed to a requirement that retest operators
record a cylinder's dimensions. This rule does not adopt this comment
because an entry on dimensions can help distinguish between cylinders
that have the same serial numbers and capacities.
Another commenter recommended that RSPA revise the NPRM language
concerning the length of time a retester must maintain its hydrostatic
retest records. The commenter noted that RSPA proposed that records be
maintained for five years, but some cylinders have retest periods in
excess of five years. The commenter recommended retaining the current
requirement that requires retention of the records until the expiration
of the retest period or until the cylinder is reinspected or retested,
whichever occurs first. RSPA agrees with this comment and has retained
the current requirement in this final rule.
One commenter requested that RSPA change the word ``sheets'' in
section 173.34(e)(8)(ii)(A) to ``log.'' The relevant proposed language
is: ``Calibrations must be recorded on the same sheets as, and in
chronological order with, retest records for that date;''. The
commenter stated that the word ``sheets'' could be interpreted to mean
that each time a retester began recording retest information on a new
sheet, it must verify the calibration of its retest equipment. RSPA has
not adopted this comment because it believes the likelihood of such a
misunderstanding is small. The provision does not require a retester to
verify calibration each time it begins recording retest information on
a new retest sheet.
In addition, RSPA has modified its proposal to reduce the paperwork
burden on retest operators. First, as quoted above, RSPA proposed that
calibrations be recorded on the same sheets as the retest records for
that date. The rule now requires only that the retest operator be able
to demonstrate that the results of the daily calibration verification
correspond to the hydrostatic retests that were performed on that day.
Second, RSPA proposed that calibration runs be recorded, in
chronological order, with the retest records for that day. Several
commenters opposed this requirement. One commenter stated that this
requirement ``would substantially increase our expense due to lost
production and would only serve to meet the regulation.'' Another
commenter stated that it maintained its retest records according to the
name of each customer and the proposed requirement would drastically
alter its filing system.
CGA Pamphlet C-1, which is not incorporated by reference in section
171.7, recommends that retesters record calibrated cylinder expansions
used to confirm retest apparatus calibration. Calibration checks must
be recorded as a means of demonstrating that the test apparatus was
accurate on any given day. However, RSPA did not intend to
significantly increase the recordkeeping burden for retester operators,
and therefore, RSPA has not adopted the proposed requirement that a
retester maintain its retest records in chronological order. The
recordkeeping requirement now requires a retest operator to be able to
associate the daily verification(s) of calibration with the hydrostatic
retests performed on that date.
One commenter was opposed to the proposed revision of section
173.34(e)(8)(ii)(B) because it interpreted the NPRM as requiring the
retest operator to sign the retest sheet each time the retest operator
recorded the results of a hydrostatic retest. This section does not
require a retest operator to sign the retest sheet each time the retest
operator records the results of a hydrostatic retest. RSPA agrees with
the commenter that such a requirement would be ``a waste of time and
paper space.'' Section 173.34(e)(8)(ii)(B) requires that, for each
cylinder retested or visually inspected, the retest record must contain
a legible identification of test operator. Thus, if the retest operator
performed all the retests recorded on a particular retest sheet, this
section requires a retest operator to be legibly identified only once
on the retest sheet. There is no requirement that the retest operator
sign the sheet each time a retest is completed.
Proposed section 173.34(e)(8)(i) requires each retester to maintain
at its facility its RIN issuance letter from RSPA, a copy of its
renewal request if the request is pending, copies of notifications to
RSPA of changes in its name, address, personnel or equipment which
occurred after issuance of the most recent RIN letter, and the most
recent certificates of calibration for all calibrated cylinders.
One commenter stated that the requirement ``to maintain specific
documentation is unnecessary so long as the retester can provide
equivalent documentation * * *.'' RSPA has not adopted this comment
because section 173.34(e)(8) provides that a person shall maintain its
RIN issuance letter, request for renewal if pending, copies of
notifications to RSPA of changes in its name, address, personnel or
equipment which occurred after issuance of the most recent RIN letter,
and the most recent certificates of calibration for all calibrated
cylinders in paper form ``or in a form from which a paper copy can be
produced on request.'' Thus, a person can maintain this documentation
in an electronic medium (e.g., computer records) provided the person
can produce a paper copy upon request. In
[[Page 26755]]
addition, it is unclear what specific items would serve as the
``equivalent documentation.'' This phrase is subject to broad
interpretation and lacks definition. RSPA's retester inspections
indicate that maintenance of these documents is standard retester
operating practice because of the requirement presently found in the
RIN issuance letter. Furthermore, this requirement facilitates a prompt
determination whether the retester is complying with the HMR.
DOT 4-series Cylinders
One commenter recommended three revisions to proposed section
173.34(e)(10). First, the commenter requested a revision to clarify
that all DOT 4L cylinders are excluded from the requirements of this
paragraph because these cylinders are excluded from requalification
requirements. RSPA agrees and has adopted this comment. The revised
language now appears in section 173.34(e)(9) of this rule.
Second, the commenter recommended that RSPA add a sentence to
proposed paragraph (e)(10) that would prohibit the removal of a DOT 4L
cylinder's original stamped tare weight. The commenter stated that if
the original stamped tare weight is removed and then there is a series
of tare weight changes, it is difficult to determine if the cylinder
has lost 10 percent of its original weight (rejection criterion for
DOT-4 series cylinders). This was not suggested in the NPRM and is not
adopted in this rulemaking because RSPA requires additional time to
study the merits of the proposal. RSPA will consider this proposal in a
future rulemaking.
Third, this commenter suggested that for inspection of DOT 4L
cylinders, a more appropriate CGA reference for proposed paragraph
(e)(10) is CGA Pamphlet C-6.3 and not C-6.1 as proposed in the NPRM.
RSPA agrees and has revised the CGA reference which now appears in
section 173.34(e)(9) of this rule.
Another commenter suggested that a number of hazardous materials be
added to the materials listed in proposed paragraphs (e) (12) and (13).
This was not suggested in the NPRM and is not adopted in this
rulemaking because RSPA requires additional time to study the merits of
the proposal.
Two commenters stated that the proposed language in section
173.34(e)(18)(iv) provides a ``loophole'' wherein certain cylinders
that exceed the wall stress limitation in section 173.302(c)(3), but
subsequently confined to a specified noncorrosive gas service, would be
allowed a ten year requalification. RSPA agrees and this result was not
the intent of the proposed rule. Thus, RSPA has revised the rule to
clarify that, in addition to other requirements, a cylinder that is not
used exclusively in specific noncorrosive gas services must be retested
and examined in accordance with the requirements of section 173.302(c)
(2), (3) and (4), before the periodic retest interval can be extended
from five to ten years. In addition, the tested cylinder must be
confined to specified noncorrosive gas services in order to qualify for
the ten year retest cycle. The revised language now appears in section
173.34(e)(16) of this rule.
Section 173.301
Foreign Cylinders for Export
Several commenters suggested that markings on foreign cylinders
contain the RIN. RSPA has not adopted this comment because the marking
of a RIN on these cylinders could lead to confusion between these
foreign cylinders and those authorized for use in domestic hazardous
materials transportation.
One commenter requested that RSPA revise the language proposed in
section 173.301(j)(2) to require that the bill of lading or other
shipping paper, ``when possible,'' identify the cylinder. RSPA has not
adopted this comment, because it would create a loophole that would
allow a person to ship cylinders for export without the cylinders being
identified on an accompanying shipping paper. This lack of
documentation would make it difficult to determine whether the shipment
of cylinders complied with the HMR export requirements. In addition,
such a provision would render the certification that the cylinders were
retested and refilled in accordance with the HMR requirements
meaningless. A person could simply state that ``it was not possible''
to identify a particular cylinder on the shipping paper and thus, the
certification could not be associated with the particular cylinder.
The commenter also requested that RSPA revise section 173.301(j) to
allow cylinders currently retested, but not marked, to continue in
service without being returned for re-marking. According to the
commenter, without this revision, cylinders meeting the other
requirements in this section, but not marked, would not be allowed to
continue in service. RSPA recognizes that this rule would require some
cylinders previously tested to be retested. This requirement may cause
practical problems for certain members of the regulated community.
Therefore, RSPA has revised the proposed language. If the previous
testing can be verified, then the person can utilize the language in
section 173.301(j)(1)(i) which allows, on a case-by-case basis, for
authorization of an alternative method of qualification by Associate
Administrator for Hazardous Materials Safety.
Section 173.302
Computing Wall Stress for Overfill Authorization
RSPA proposed requiring a retester to compute both a cylinder's
average and maximum wall stress prior to overfilling the cylinder.
Several commenters opposed the proposed change stating that there is no
need to make both calculations and that one calculation, as presently
required, is sufficient. RSPA agrees with the commenters and is not
adopting this change.
In the NPRM, RSPA invited comments on whether other methods not
presently authorized by paragraph (c)(3) may be used to compute
accurately the average or maximum wall stress (60 FR 54011). One
commenter requested that language be added to paragraph (c)(3) to
permit the person computing the wall stress to rely, if present, on the
Rejection Elastic Expansion (REE) values stamped on the cylinder. The
commenter stated: ``It is now common practice for manufacturers to
include stamped REE values on new cylinders * * *.'' RSPA has not had
an opportunity to consider all the possible effects that might result
from the adoption of this proposal. Therefore, RSPA will consider this
comment in a future rulemaking.
Section 173.309
Retest Requirements for Fire Extinguishers
Current section 173.309 prescribes DOT specification cylinders
authorized for transportation under the description ``Fire
extinguishers containing compressed or liquefied gas, 2.2, UN1044''
when certain conditions are met. Section 173.309(b)(1) states that the
cylinder must be used exclusively for fire extinguishing agents such as
ammonium phosphate, sodium bicarbonate, potassium bicarbonate,
potassium imido dicarboxamide and bromochlorodifluromethane or
bromotrifluromethane, which are commercially free from corroding
components. In the NPRM, RSPA proposed to move section 173.309(b)(1) to
section 173.34(e)(21). The proposed change was in response to a
petition for rulemaking (P-1216) submitted by the Fire Equipment
Manufacturers'
[[Page 26756]]
Association, Inc. (FEMAI) requesting that RSPA move the retest
conditions to section 173.34(e). FEMAI stated this change would clarify
that fire extinguishers charged with carbon dioxide only do not qualify
for the special retest provisions in current section 173.34(e)(18).
RSPA also proposed to remove from section 173.309(b)(2) a limitation on
the dew point for propellant gases.
In this final rule, RSPA has removed section 173.309(b)(4),
containing a reference to the retest provisions in section 173.34, but
is not adopting the other proposed changes to section 173.309(b). The
conditions identifying the contents authorized for fire extinguishers
are shipper requirements rather than retest requirements and,
therefore, are retained in section 173.309(b). However, paragraph
(b)(1) is revised to permit the use of any fire extinguishing medium
that is non-flammable, non-poisonous, and commercially free from
corroding components. Any fire extinguisher containing a fire
extinguishing medium or propellant gas not meeting the requirements in
paragraphs (b) (1)and (2) may not be shipped under these provisions.
Several commenters to the NPRM noted that proposed section
173.34(e)(21) does not allow a 12-year retest period for cylinders
having a water capacity of 12 lbs. or less regardless of the retest
method. The commenters requested that RSPA revise the paragraph to add
this provision. RSPA inadvertently omitted the language from the NPRM.
In this final rule, RSPA has added the 12-year retest period and moved
the fire extinguisher retest provisions to section 173.34(e)(19).
In the NPRM, reference to DOT 3A, 3AA and 3AL cylinders were not
included in the fire extinguisher retest provisions in proposed section
173.34(e)(21). RSPA has added the retest provision for these cylinders
in section 173.34(e)(19)(ii) of this final rule. These cylinders may be
hydrostatically retested using the water jacket method at 12-year
intervals.
Miscellaneous Technical Revisions to Part 173
The NPRM proposed a provision encouraging voluntary compliance with
CGA Pamphlet S-1.1.1, paragraph 9.1.1.1, which specifies the
replacement or requalification of pressure relief valves, on certain
DOT cylinders every 10 years. The National Propane Gas Association
(NPGA) submitted comments stating that the propane industry has
experienced no problems with these pressure relief valves and that RSPA
should not ``encourage'' the replacement of these pressure relief
valves. In addition, NPGA opposed this proposal, despite its permissive
nature, because NPGA believes that State and local enforcement
officials would attempt to enforce this permissive standard and this
result along with liability costs would make this a ``de facto
mandate.'' NPGA also stated that its analysis indicates that the
periodic replacement of these pressure relief valves would cost the
industry in excess of $60 million per year.
RSPA proposed this permissive standard in order to encourage the
periodic replacement of pressure relief valves. One commenter agreed
with RSPA's efforts to encourage the practice and suggested RSPA make
it a mandatory requirement. The commenter cited a Canadian standard as
precedent. RSPA believes a number of pressure relief valves deteriorate
over time-in-service and that most members of the regulated community
recognize the need for periodic replacement of these valves. RSPA does
not believe that State and local enforcement officials would attempt to
enforce this permissive standard. However, based on NPGA's concerns
about the effect this permissive standard would have on the issue of
liability, the amount of time required to gather and analyze incident
data and the time required to verify NPGA's cost estimates, RSPA is
deleting the permissive reference to CGA Pamphlet S-1.1.1, paragraph
9.1.1.1. RSPA will consider this issue in a future rulemaking.
In addition, one commenter proposed that throughout section
173.34(d) the phrase ``safety relief devices'' be revised to read
``pressure relief devices.'' The commenter stated: ``The use of the
word `pressure' in lieu of the word `safety' is preferred because
`pressure relief' describes the function of the device.'' RSPA agrees
with this editorial amendment and has made the appropriate changes. In
addition, the commenter suggested adding the metric equivalents to the
English measurements in the paragraph. RSPA will consider this comment
in a future rulemaking.
The same commenter also suggested several amendments that in RSPA's
view were more than editorial comments and thus, beyond the scope of
the present rulemaking. These include suggestions that RSPA add a
sentence to section 173.34(d) that would require that selection of
pressure relief devices for cylinders containing compressed gas
mixtures be made in accordance with CGA Pamphlet S-7; add ``flammable,
liquefied compressed gases'' to section 173.34(d)(7), and add a new
paragraph allowing Classes 3 or 8 materials to be transported in
cylinders that are not under pressure and not equipped with pressure
relief devices. CGA Pamphlet S-7 has not been incorporated by reference
and RSPA is uncertain of the impact of such an amendment. In addition,
RSPA needs additional time to review those materials in Classes 3 and 8
which have a high vapor pressure at temperatures normally related to
transportation and therefore, may require a pressure relief device.
Moreover, these proposals were not suggested in the NPRM and are not
adopted in this rulemaking because there has been no opportunity for
public comment on them.
Another commenter stated that ``[a]n effort should be made to use
the same terminology between the DOT regulations and the CGA Pamphlets
referenced therein.'' RSPA agrees and has made an effort to harmonize
the terminology.
III. Rulemaking Analyses and Notices
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that preparation of a regulatory evaluation is
not warranted.
2. Executive Order 12612
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 (``Federalism''). Federal
law expressly preempts State, local, and Indian tribe requirements
applicable to the transportation of hazardous material that cover
certain subjects and are not ``substantively the same'' as the Federal
requirements. 49 U.S.C. 5125(b)(1). These covered subjects are:
(A) the designation, description, and classification of hazardous
material;
(B) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(C) the preparation, execution, and use of shipping documents
related to hazardous material and requirements respecting the number,
contents, and placement of those documents;
(D) the written notification, recording, and reporting of the
unintentional
[[Page 26757]]
release in transportation of hazardous material; and
(E) the design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or a container
which is represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This rulemaking addresses the maintenance and testing of a
packaging represented as qualified for use in the transportation of
hazardous material. Therefore, the rule preempts State, local and
Indian tribe requirements that are not ``substantively the same'' as
Federal requirements on these subjects. Section 5125(b)(2) of Title 49
U.S.C. provides that when DOT issues a regulation concerning any of the
covered subjects after November 16, 1990, DOT must determine and
publish in the Federal Register the effective date of Federal
preemption. The effective date may not be earlier that the 90th day
following the date of issuance of the final rule and no later than two
years after the date of issuance. RSPA has determined that the
effective date of Federal preemption of this final rule is October 1,
1996. Because RSPA lacks discretion in this area, preparation of a
federalism assessment is not warranted.
3. Regulatory Flexibility Act
I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This rule applies to
persons who inspect, retest and certify cylinders used to transport
hazardous materials. These persons include a number of small
businesses; however, the economic impact on any small business affected
by the rule is expected to be minimal. There are no direct or indirect
adverse economic impacts for small units of government or other
organizations.
4. Paperwork Reduction Act
This final rule changes information collection requirements in
section 173.34 pertaining to testing, inspecting and marking of
cylinders which were previously approved by the Office of Management
and Budget under OMB control number 2137-0022. RSPA is requesting
reinstatement and revision of this approval from OMB and will display
the control number, through publication in the Federal Register, when
it is approved by OMB. Public comment on this request was invited
through publication of a Federal Register notice on March 5, 1996 (61
FR 8706). Under the Paperwork Reduction Act of 1995, no person is
generally required to respond to a requirement for collection of
information unless the requirement displays a valid OMB control number.
5. Regulation Identifier Number
A regulation identifier number is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The regulation identifier number
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
In consideration of the foregoing, 49 CFR parts 171 and 173 are
amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.7, in the Table in paragraph (a)(3), under the entry
Compressed Gas Association, Inc., the entries for CGA Pamphlets C-6, C-
13, and S-1.1 are revised and four new entries are added in alpha-
numerical order, to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * *
* * *
Compressed Gas Association, Inc.,
* * * *
* * *
CGA Pamphlet C-5, Cylinder Service Life-- 173.302
Seamless Steel High Pressure Cylinders,
1991.
CGA Pamphlet C-6, Standards for Visual 173.34; 180.519
Inspection of Steel Compressed Gas
Cylinders, 1993.
CGA Pamphlet C-6.1, Standards for Visual 173.34
Inspection of High Pressure Aluminum
Compressed Gas Cylinders, 1995.
CGA Pamphlet C-6.2, Guidelines for Visual 173.34
Inspection and Requalification of Fiber
Reinforced High Pressure Cylinders, 1988.
CGA Pamphlet C-6.3, Guidelines for Visual 173.34
Inspection and Requalification of Low
Pressure Aluminum Compressed Gas
Cylinders, 1991.
* * * *
* * *
CGA Pamphlet C-13, Guidelines for Periodic 173.34; 173.303
Visual Inspection and Requalification of
Acetylene Cylinders, 1992.
* * * *
* * *
CGA Pamphlet S-1.1., Pressure Relief Device 173.34
Standards--Part 1--Cylinders for
Compressed Gases, 1994 (with the exception
of paragraph 9.1.1.1).
* * * *
* * *
------------------------------------------------------------------------
[[Page 26758]]
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
3. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
4. In Sec. 173.23, paragraphs (c), (d), and (e) are revised to read
as follows:
Sec. 173.23 Previously authorized packaging.
* * * * *
(c) After July 2, 1982, a seamless aluminum cylinder manufactured
in conformance with and for use under DOT special permit (SP) or
exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if
marked before or at the time of the next retest with either the
specification identification ``3AL'' immediately above the special
permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) in
proximity to the special permit or exemption marking.
(d) Cylinders (spheres) manufactured and marked under DOT special
permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be
continued in use if marked before or at the time of the next retest
with the specification identification ``4BA'' near the special permit
or exemption marking.
(e) After October 1, 1984, cylinders manufactured for use under
special permit (SP) or exemption (E) 6668 or 8404 may be continued in
use, and must be marked ``DOT-4LXXXYY'' (XXX to be replaced by the
service pressure, YY to be replaced by the letters ``AL'', if
applicable) in compliance with Specification 4L (Sec. 178.57 of this
subchapter) on or before January 1, 1986. The ``DOT-4LXXXYY'' must
appear in proximity to other required special permit or exemption
markings.
* * * * *
5. In Sec. 173.34, paragraph (d)(7) is removed, the first sentence
of the introductory text of paragraph (d), paragraphs (d)(1) through
(d)(5) and paragraph (e) are revised, and paragraph (d)(6) is added to
read as follows:
Sec. 173.34 Qualification, maintenance and use of cylinders.
* * * * *
(d) Pressure relief device systems. No person may offer a cylinder
charged with a compressed gas for transportation in commerce unless the
cylinder is equipped with one or more pressure relief devices sized and
selected as to type, location, and quantity and tested in accordance
with CGA Pamphlet S-1.1 (compliance with paragraph 9.1.1.1 of CGA
Pamphlet S-1.1 is not required). * * *
(1) Except as provided in paragraphs (d)(1) (i) through (iii) of
this section, a pressure relief device is not required on a cylinder 12
inches or less in length, exclusive of neck, and 4\1/2\ inches or less
in outside diameter.
(i) A pressure relief device is required on a specification 9, 39
(Sec. 178.65 of this subchapter), 40, or 41 cylinder. A metal pressure
relief valve is required on a specification 39 cylinder used for a
liquefied flammable gas. A fusible pressure relief device is not
authorized on a specification 39 cylinder containing a liquefied
compressed gas.
(ii) A pressure relief device is required on a cylinder charged
with a liquefied gas for which this part requires a service pressure of
1800 psi or higher.
(iii) A pressure relief device is required on a cylinder charged
with a nonliquefied gas to a pressure of 1,800 psi or higher at 70
deg.F.
(2) Except for a specification 39 cylinder and a cylinder used for
acetylene in solution, a pressure relief device is not required on a
cylinder charged with a nonliquefied gas under pressure of 300 psi or
less at 70 deg.F.
(3) A pressure relief device is prohibited on a cylinder charged
with a Division 2.3 or Division 6.1 material in Hazard Zone A.
(4) A pressure relief device is prohibited on a cylinder charged
with fluorine.
(5) A pressure relief device is not required on a cylinder charged
with methyl mercaptan; with mono-, di-, or trimethylamine, anhydrous;
with not over 10 pounds of nitrosyl chloride; or with less than 165
pounds of anhydrous ammonia.
(6) Pressure relief devices, if used, must be in the vapor space of
cylinders containing pyroforic liquids, inorganic or organic, n.o.s.,
covered by Sec. 173.124.
(e) Periodic qualification and marking of cylinders. Each cylinder
that becomes due for periodic retest as specified in the following
table must be retested and marked in conformance with the requirements
of this paragraph (e):
Retest and Inspection of Cylinders \1\
----------------------------------------------------------------------------------------------------------------
Specification under which
cylinder was made \2\ Minimum retest pressure (p.s.i.) \3\ Retest period (years)
----------------------------------------------------------------------------------------------------------------
DOT-3......................... 3,000 p.s.i.............................. 5.
DOT-3A, 3AA................... 5/3 times service pressure, except non- 5, 10, or 12 (see Sec. 173.34
corrosive service (see Sec. (e)(14), (e)(12), (e)(16), and
173.34(e)(13)). (e)(19)).
DOT-3AL....................... 5/3 times service pressure............... 5 or 12 (see (e)(19)).
DOT-3AX, 3AAX................. 5/3 times service pressure............... 5.
3B, 3BN....................... 2 times service pressure (see Sec. 5 or 10 (see Sec. 173.34(e)(12)).
173.34(e)(13)).
3C............................ Retest not required. .....................................
3D............................ 5/3 times service pressure............... 5.
3E............................ Retest not required. .....................................
3HT........................... 5/3 times service pressure............... 3 (see Sec. 173.34(e)(15)).
3T............................ 5/3 times service pressure............... 5.
4............................. 700 p.s.i................................ 10.
4A............................ 5/3 times service pressure (see Sec. 5 or 10 (see Sec. 173.34(e)(12)).
173.34(e)(13)).
4AA480........................ 2 times service pressure (see Sec. 5 or 10 (see Sec. 173.34(e)(14)).
173.34(e)(13)).
4B, 4BA, 4BW, 4B-240ET........ 2 times service pressure, except non- 5, 10 or 12 (see Sec. 173.34
corrosive service (see Sec. (e)(11), (e)(12) and (e)(19)).
173.34(e)(13)).
4C............................ Retest not required. .....................................
4D, 4DA, 4DS.................. 2 times service pressure................. 5.
DOT-4E........................ 2 times service pressure, except non- 5.
corrosive service (see Sec.
173.34(e)(13)).
4L............................ Retest not required. .....................................
8, 8AL........................ ......................................... 10 or 20 (see Sec. 173.34(e)(18)).
DOT-9......................... 400 p.s.i. (maximum 600 p.s.i.).......... 5.
[[Page 26759]]
25............................ 500 p.s.i................................ 5.
26 for filling at over 450 5/3 times service pressure............... 5.
p.s.i.
26 for filling at 450 p.s.i. 2 times service pressure, except non- 5 or 10 (see Sec. 173.34(e)(11)).
and below. corrosive service (see Sec.
173.34(e)(13)).
33............................ 800 p.s.i................................ 5.
38............................ 500 p.s.i................................ 5.
Exemption cylinder............ See current exemption.................... See current exemption.
Foreign cylinder (see Sec. As marked on the cylinder, but not less 5.
173.301(j) for restrictions than 5/3 of any service or working
on use). pressure marking.
----------------------------------------------------------------------------------------------------------------
\1\ Any cylinder not exceeding two inches outside diameter and less than two feet in length is excepted from
hydrostatic retest.
\2\ A cylinder in chlorine or sulfur dioxide service made before April 20, 1915, must be retested at 500 psi.
\3\ For cylinders not marked with a service pressure, see Sec. 173.301(e)(1).
(1) General requirements. (i) Each cylinder bearing a DOT
specification marking (including a cylinder remarked in conformance
with Sec. 173.23) must be inspected, retested and marked in conformance
with this section, at the frequency specified in the Retest and
Inspection of Cylinders Table in this paragraph (e). Each cylinder
bearing a DOT exemption number must be inspected, retested and marked
in conformance with this section and the terms of the applicable
exemption, at the frequency specified in the exemption.
(ii) No cylinder required to be retested by paragraph (e)(1)(i) of
this section may be charged or filled with a hazardous material and
transported in commerce unless that cylinder has been inspected and
retested in accordance with this section and the retester has marked
the cylinder by stamping the date of retest, the cylinder retester
identification number unless excepted under this section, and any other
marking required by this section. No person may mark a test date or a
retester identification number on a DOT specification or exemption
cylinder unless all applicable requirements of this section have been
met.
(2) Retester authorization. (i) No person may mark a cylinder with
a test date or retester identification number, or otherwise represent
that a DOT specification or exemption cylinder has been retested under
this section, unless that person holds a current retester
identification number issued by the Associate Administrator for
Hazardous Material Safety and operates in compliance with the terms of
the retester identification number issuance letter. With the exception
of visual inspections, all functions under this section must be
performed or supervised by an individual named as qualified in the
retester identification number application or a notification pursuant
to paragraph (e)(2)(iv) of this section. A person is not required to
obtain a retester identification number, if the person only performs
visual inspections on DOT specification or exemption cylinders.
(ii) Any person seeking approval as a cylinder retester shall
arrange for an independent inspection agency, approved by the Associate
Administrator for Hazardous Material Safety pursuant to Sec. 173.300a,
to inspect its retest facility. The person seeking approval shall bear
the cost of the inspection. Independent inspection agencies are not
RSPA agents or representatives. A list of approved independent
inspection agencies is available from the Associate Administrator for
Hazardous Materials Safety, Office of Hazardous Materials Exemptions
and Approvals (DHM-32), Research and Special Programs Administration,
U.S. Department of Transportation, Washington, DC 20590-0001.
Assistance in obtaining an approval may be requested from the same
address.
(A) After the inspection, the person seeking approval must submit a
letter of recommendation and inspection report from the independent
inspection agency and a completed request for approval to the Associate
Administrator for Hazardous Materials Safety at the address listed in
this paragraph (e)(2)(ii). An applicant must include the following
information: company name; facility location; mailing address (if
different from location of facility); business telephone number; name
of facility manager; the DOT specification/exemption cylinders that
will be tested at the facility; a certification that the facility will
operate in compliance with the applicable requirements of this
subchapter, the date and an authorized signature.
(B) The Associate Administrator for Hazardous Materials Safety
reviews the application, the inspection report and recommendation
submitted by the independent inspection agency, and other available
information. The Associate Administrator for Hazardous Materials Safety
issues a retester identification number upon a finding that the
applicant's facility and qualifications are adequate to properly
inspect, test and mark cylinders under this section. Unless otherwise
provided in the retester identification number issuance letter, a
retester identification number expires five years from the date of
issuance.
(iii) An approved retester shall apply for retester identification
number renewal in a timely manner. A new inspection report and
recommendation of an independent inspection agency are required for
each renewal. If the Associate Administrator for Hazardous Materials
Safety receives a renewal application with the accompanying inspection
report and recommendation at least 50 days before expiration of the
retester identification number, the retester identification number
remains in effect until the Associate Administrator for Hazardous
Materials Safety issues a renewal or notifies the retester that its
request for renewal of the retester identification number is denied.
The Associate Administrator for Hazardous Materials Safety considers
renewal of a retester identification number in accordance with the
standard in paragraph (e)(2
FR Doc. 96-12838 Periodic Inspection and Testing of Cylinders
)(ii)(B) of this section.
(iv) The retester identification number holder shall report in
writing any change in its name, address, ownership, testing equipment,
or management or personnel performing any function under this section,
to the Associate Administrator for Hazardous Materials Safety (DHM-32)
within 20 days of the change. A retester identification number remains
valid only if the retester's facility and qualifications are maintained
at or above the level
[[Page 26760]]
observed at the time of inspection by the independent inspection
agency.
(v) A retester shall maintain, at each location at which it
inspects, retests or marks cylinders under this section:
(A) Current copies of those portions of this subchapter that apply
to its cylinder inspection, retesting and marking activities at that
location.
(B) Current copies of all exemptions governing exemption cylinders
inspected, retested or marked by the retester at that location.
(C) Copies of each CGA pamphlet incorporated by reference in
Sec. 171.7 of this subchapter that applies to the retester's cylinder
inspection, retesting and marking activities at that location. The
publication maintained must be the edition incorporated by reference in
Sec. 171.7 of this subchapter.
(3) Visual inspection. Except as otherwise provided in this
section, each time a cylinder is retested, it must be visually
inspected, internally and externally, in accordance with CGA Pamphlets
C-6, C-6.1, C-6.2, or C-6.3, as applicable. The cylinder must be
approved, rejected or condemned according to the criteria in the
applicable CGA pamphlet. Internal inspection may be omitted for
cylinders of the type and in the service described under paragraph
(e)(13) of this section. DOT 3BN cylinders must be inspected in
accordance with CGA Pamphlet C-6.
(4) Pressure retest. (i) Unless otherwise provided, each cylinder
required to be retested under this section must be retested by means
suitable for measuring the expansion of the cylinder under pressure.
Bands and other removable attachments must be loosened or removed
before testing so that the cylinder is free to expand in all
directions.
(ii) The pressure-indicating device of the testing apparatus must
permit reading of pressures to within 1% of the minimum prescribed test
pressure of each cylinder tested, except that for an analog device,
interpolation to \1/2\ of the marked gauge divisions is acceptable. The
expansion-indicating device of the testing apparatus must also permit
incremental reading of the cylinder expansion to 1% of the total
expansion of each cylinder tested or 0.1 cubic centimeter, whichever is
larger. Midpoint visual interpolation is permitted.
(iii) Each day before retesting, the retester shall confirm, by
using a calibrated cylinder or other method authorized in writing by
the Associate Administrator for Hazardous Materials Safety that:
(A) The pressure-indicating device, as part of the retest
apparatus, is accurate within 1.0% of the prescribed test
pressure of any cylinder tested that day. The pressure indicating
device, itself, must be certified as having an accuracy of
0.5%, or better, of its full range, and must permit
readings of pressure from 90%-110% of the minimum prescribed test
pressure of the cylinder to be tested. The accuracy of the pressure
indicating device within the test system can be demonstrated at any
point within 500 psi of the actual test pressure for test pressures at
or above 3000 psi, or 10% of the actual test pressure for test
pressures below 3000 psi; and
(B) The expansion-indicating device, as part of the retest
apparatus, gives a stable reading of expansion and is accurate to
1.0% of the total expansion of any cylinder tested or 0.1
cubic centimeter, whichever is larger. The expansion-indicating device
itself must have an accuracy of 0.5%, or better, of its
full scale.
(iv) The test equipment must be verified to be accurate within
1.0% of the calibrated cylinder's pressure and
corresponding expansion values. This may be accomplished by bringing
the pressure to a value shown on the calibration certificate for the
calibrated cylinder used and verifying that the resulting total
expansion is within 1.0% of the total expansion shown on
the calibration certificate. Alternatively, calibration may be
demonstrated by bringing the total expansion to a known value on the
calibration certificate for the calibrated cylinder used and verifying
that the resulting pressure is within 1.0% of the pressure
shown on the calibration certificate. The calibrated cylinder must show
no permanent expansion. The retester shall demonstrate calibration in
conformance with this paragraph (e)(4) to an authorized inspector on
any day that it retests cylinders. A retester shall maintain calibrated
cylinder certificates in conformance with paragraph (e)(8)(iii) of this
section.
(v) Minimum test pressure must be maintained for at least 30
seconds, and as long as necessary for complete expansion of the
cylinder. A system check may be performed at or below 90% of test
pressure prior to the retest. In the case of a malfunction of the test
equipment, the test may be repeated at a pressure increased by 10
percent or 100 psi, whichever is less. This paragraph (e)(4) does not
authorize retest of a cylinder otherwise required to be condemned under
paragraph (e)(6) of this section.
(5) Cylinder rejection. (i) A retester shall reject a cylinder when
on visual inspection, it meets a rejection standard in CGA Pamphlets C-
6, C-6.1, C-6.2, or C-6.3, as applicable.
(ii) Except as provided in paragraph (e)(5)(iv) of this section, a
cylinder that is rejected may not be marked as meeting the requirements
of this section.
(iii) When a cylinder is rejected, the retester shall notify the
cylinder owner, in writing, that the cylinder has been rejected and,
unless requalified as provided in paragraph (e)(5)(iv) of this section,
may not be filled with a hazardous material for transportation in
commerce where use of a specification packaging is required.
(iv) A rejected cylinder with a service pressure of less than 900
psig may be requalified and marked if the cylinder is repaired or
rebuilt and subsequently reinspected and retested in conformance with--
(A) CGA Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;
(B) Parts 173 and 178 of this subchapter;
(C) Any exemption specific to that cylinder; and
(D) Any approval required under paragraphs (i) and (l) of this
section.
(6) Cylinder condemnation. (i) A cylinder must be condemned when--
(A) On inspection, it meets a condition for condemnation in CGA
Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;
(B) The cylinder leaks through its wall;
(C) Evidence of cracking exists to the extent that the cylinder is
likely to be weakened appreciably;
(D) For a DOT specification cylinder other than a DOT 4E aluminum
cylinder, permanent expansion exceeds 10 percent of total expansion;
(E) For a DOT 4E aluminum cylinder, permanent expansion exceeds 12
percent of total expansion;
(F) For a DOT exemption cylinder, permanent expansion exceeds the
limit in the applicable exemption, or the cylinder meets another
criterion for condemnation in the applicable exemption; or
(G) For a DOT specification 3HT cylinder, elastic expansion exceeds
the marked rejection elastic expansion.
(ii) When a cylinder is required to be condemned, the retester
shall stamp a series of X's over the DOT specification number and the
marked service pressure or stamp ``CONDEMNED'' on the shoulder, top
head, or neck using a steel stamp. Alternatively, at the direction of
the owner, the retester may render the cylinder incapable of holding
pressure.
(iii) When a cylinder is required to be condemned, the retester
shall notify the cylinder owner, in writing, that the
[[Page 26761]]
cylinder is condemned and may not be filled with hazardous material for
transportation in commerce where use of a specification packaging is
required.
(iv) A cylinder that is condemned may not be filled with hazardous
material for transportation in commerce where use of a specification
packaging is required and may not be marked as meeting the requirements
of this section or any DOT exemption. No person may remove or
obliterate the ``CONDEMNED'' marking.
(7) Retester markings. (i) Each cylinder passing retest must be
marked with the retester's identification number set in a square
pattern, between the month and year of the retest date, in characters
not less than \1/8\-inch high. The first character of the retester
identification number must appear in the upper left corner of the
square pattern; the second in the upper right; the third in the lower
right, and the fourth in the lower left. Example: A cylinder retested
in May 1994, and approved by a person who has been issued retester
identification number ``A123'', would be marked plainly and permanently
into the metal of the cylinder in accordance with location requirements
of the cylinder specification or on a metal plate permanently secured
to the cylinder in accordance with paragraph (c) of this section:
[GRAPHIC] [TIFF OMITTED] TR28MY96.000
(ii) Markings of previous tests may not be obliterated. A cylinder
that is subject to the requirements of paragraph (e) (10), (11)
(modified hydrostatic test only), (13) or (14) of this section is not
required to be marked with a retester identification number. A cylinder
requalified by the modified hydrostatic test method or external
inspection must be marked after a retest or an inspection by stamping
the date of retest or reinspection on the cylinder followed by the
symbol ``E'' (external inspection) or ``S'' (modified hydrostatic test
method) as appropriate. However, a cylinder subject to the requirements
of Sec. 173.301(j) may not be marked with a retester identification
number. Variation from the marking requirement may be approved on
written request to the Associate Administrator for Hazardous Materials
Safety.
(8) Recordkeeping. A retester shall maintain the following records
at the retesting location, on paper or in a form from which a paper
copy can be produced on request.
(i) Records of authority to inspect, retest and mark must be
maintained, as follows:
(A) Current retester identification number issuance letter;
(B) If the retester identification number has expired and renewal
is pending, a copy of the renewal request; and
(C) Copies of notifications to Associate Administrator for
Hazardous Materials Safety required under paragraph (e)(2)(iv) of this
section.
(ii) Daily records of visual inspection and hydrostatic retest must
be maintained until either the expiration of the retest period or until
the cylinder is again reinspected or retested, whichever occurs first.
A single date may be used for each retest sheet, provided each retest
on the sheet was conducted on that date. Ditto marks or a solid
vertical line may be used to indicate repetition of the preceding entry
for the following entries: date; actual dimensions or a symbol; if
present, manufacturer's name or symbol; if present, owner's name or
symbol and retest operator. Blank spaces may not be used to indicate
repetition of a prior entry. Records must include--
(A) For each test to demonstrate calibration, the date; serial
number of the calibrated cylinder; calibration test pressure; total,
elastic and permanent expansions; and legible identification of retest
operator. The retest operator must be able to demonstrate that the
results of the daily calibration verification correspond to the
hydrostatic retests that were performed on that day. The daily
verification of calibration(s) may be recorded on the same sheets as,
and with, retest records for that date;
(B) For each cylinder retested or visually inspected, records
containing the date; serial number; ICC/DOT specification or exemption
number; service pressure; actual dimensions or a symbol; if present,
manufacturer's name or symbol; if present, owner's name or symbol;
result of visual inspection; actual test pressure; total, elastic and
permanent expansions; percent permanent expansion; disposition, with
reason for any repeated retest, rejection or condemnation; and legible
identification of test operator. For each cylinder marked pursuant to
Sec. 173.302(c)(5), the retest sheet must indicate the method by which
any average or maximum wall stress was computed. Records must be kept
for all completed retests, as well as unsuccessful retests under
paragraph (e)(4)(v) of this section. The entry for a later retest under
paragraph (e)(4)(v) of this section after a failure to hold test
pressure, or retest of a cylinder requalified after rejection, must
indicate the date of the earlier inspection or retest; and
(C) Calculations of average and maximum wall stress pursuant to
Sec. 173.302(c)(3), if performed.
(iii) The most recent certificate of calibration must be maintained
for each calibrated cylinder used by the retester.
(9) DOT 4-series cylinders. A DOT 4-series cylinder, except 4L
cylinders, that at any time shows evidence of a leak or of internal or
external corrosion, denting, bulging or rough usage to the extent that
it is likely to be weakened appreciably; or that has lost five percent
or more of its official tare weight must be retested before being
recharged and shipped. (Refer to CGA Pamphlet C-6 or C-6.3, as
applicable, regarding cylinder weakening.) After retest, the actual
tare weight must be recorded as the new tare weight.
(10) Cylinders 12 pounds or less with service pressures of 300 psi
or less. A cylinder of 12 pounds or less water capacity authorized for
service pressure of 300 psi or less must be given a complete external
visual inspection at the time periodic retest becomes due. External
visual inspection must be in accordance with CGA Pamphlet C-6 or C-6.1.
The cylinder may be hydrostatically retested without a water jacket and
without determining total and permanent expansions. The retest is
successful if the cylinder, when examined under test pressure, does not
display a defect described in paragraph (e)(6)(i) (B) or (C) of this
section.
(11) Modified hydrostatic retest. A cylinder made in compliance
with specification DOT 4B, DOT 4BA, DOT 4BW, DOT 4E or ICC-26-300
2 (Secs. 178.50, 178.51, 178.61, 178.68 of this subchapter) that
is used exclusively for anhydrous dimethylamine; anhydrous methylamine;
anhydrous trimethylamine; methyl chloride; liquefied petroleum gas;
methylacetylene-propadiene stabilized; or dichlorodifluoromethane,
difluoroethane, difluorochloroethane, chlorodifluoromethane,
chlorotetrafluoroethane, trifluorochloroethylene, or mixture thereof,
or mixtures of one or more with trichlorofluoromethane; and that is
commercially free from corroding components and protected externally by
a suitable corrosion-resistant coating (such as galvanizing or
painting) may be given a hydrostatic retest every 12 years instead of
every five years. Alternatively, the cylinder may be
[[Page 26762]]
subjected to internal hydrostatic pressure of at least two times the
marked service pressure without determination of expansions, but this
latter type of test must be repeated every seven years after expiration
of the first 12-year period. When subjected to the latter test, the
cylinder must be carefully examined under test pressure and removed
from service if a leak or other harmful defect exists. A cylinder
requalified by the modified hydrostatic test method must be marked
after a retest or an inspection by stamping the date of retest or
reinspection on the cylinder followed by a ``S''.
---------------------------------------------------------------------------
\2\ For filling at 450 p.s.i. and below. Use of existing
cylinders authorized; new construction not authorized.
---------------------------------------------------------------------------
(12) A cylinder made in conformance with specification DOT-3A, DOT-
3AA, DOT-3B, DOT-4BA or DOT-4BW (Secs. 178.36, 178.37, 178.38, 178.51,
178.61 of this subchapter) having a service pressure of 300 psi or less
that is used exclusively for methyl bromide, liquid; mixtures of methyl
bromide and ethylene dibromide, liquid; mixtures of methyl bromide and
chlorpicrin, liquid; mixtures of methyl bromide and petroleum solvents,
liquid; or methyl bromide and nonflammable, nonliquefied compressed gas
mixtures, liquid; that is commercially free of corroding components,
and that is protected externally by a suitable corrosion resistant
coating (such as galvanizing or painting) and internally by a suitable
corrosion resistant lining (such as galvanizing) may be tested every 10
years instead of every five years, provided that a visual internal and
external examination of the cylinder is conducted every five years in
accordance with CGA Pamphlet C-6. The cylinder must be examined at each
filling, and rejected if a dent, corroded area, leak or other condition
indicates possible weakness.
(13) A cylinder made in conformance with a specification listed in
the table in this paragraph (e)(13) and used exclusively in the service
indicated may, instead of a periodic hydrostatic retest, be given a
complete external visual inspection at the time periodic retest becomes
due. External visual inspection must be in accordance with CGA
Pamphlets C-6 or C-6.1. When this inspection is used instead of
hydrostatic retesting, subsequent inspections are required at five-year
intervals after the first inspection. Inspections must be made only by
competent persons and the results recorded and maintained in accordance
with paragraph (e)(8) of this section. Records shall include: date of
inspection (month and year); DOT specification number; cylinder
identification (registered symbol and serial number, date of
manufacture, and owner); type of cylinder protective coating (including
statement as to need of refinishing or recoating); conditions checked
(e.g., leakage, corrosion, gouges, dents or digs in shell or heads,
broken or damaged footring or protective ring or fire damage);
disposition of cylinder (returned to service, returned to cylinder
manufacturer for repairs or scrapped). A cylinder that passes
inspection shall be marked with the date in accordance with paragraph
(e)(7) of this section. An ``E'' after the date indicates
requalification by the external inspection method. Specification
cylinders must be in exclusive service as follows:
------------------------------------------------------------------------
Cylinders made in compliance with-- Used exclusively for--
------------------------------------------------------------------------
DOT-4, DOT-3A, DOT-3AA, DOT-3A480X, DOT- Anhydrous ammonia of at least
4A, DOT-4AA480.. 99.95% purity.
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, Butadiene, inhibited, which is
DOT-4B, DOT-4BA, DOT-4BW, ICC-26- commercially free from
240,\1\ ICC-26-300\1\. corroding components.
DOT-3A, DOT-3A480X, DOT-3AA, DOT-3B, Cyclopropane which is
DOT-4A, DOT-4AA480, DOT-4B, DOT-4BA, commercially free from
DOT-4BW. corroding components.
DOT-3A, DOT-3AA, DOT-3A480X, DOT-4B, Fluorinated hydrocarbons and
DOT-4BA, DOT-4BW, DOT-4E. mixtures thereof which are
commercially free from
corroding components.
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, Liquefied hydrocarbon gas which
DOT-4B, DOT-4BA, DOT-4BW, DOT-4E, ICC- is commercially free from
26-240,1 ICC-26-3001. corroding components.
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, Liquefied petroleum gas which
DOT-4B, DOT-4BA, DOT-4BW, DOT-4E, ICC- is commercially free from
26-2401, ICC-26-3001. corroding components.
DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT- Methylacetylene-propadiene,
4BA, DOT-4BW, DOT-4E. stabilized, which is
commercially free from
corroding components.
DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT- Anhydrous mono, di,
4BA, DOT-4BW. trimethylamines which are
commercially free from
corroding components.
DOT-4B240, DOT-4BW240.................. Ethyleneimine, inhibited.
------------------------------------------------------------------------
\1\ Use of existing cylinders authorized; new construction not
authorized.
(14) Cylinders containing anhydrous ammonia. A cylinder made in
compliance with specification DOT-3A, DOT-3A 480X, or DOT-4AA480 used
exclusively for anhydrous ammonia, commercially free from corroding
components, and protected externally by a suitable corrosion-resistant
coating (such as painting) may be retested every 10 years instead of
every five years.
(15) 3HT cylinders. (i) In addition to the other requirements of
this section, a cylinder marked DOT-3HT must be requalified in
accordance with CGA Pamphlet C-8.
(ii) The cylinder must be condemned:
(A) If elastic expansion exceeds the marked rejection elastic
expansion. A cylinder made before January 17, 1978, and not marked with
a rejection elastic expansion in cubic centimeters near the marked
original elastic expansion must be so marked before the next retest
date. The rejection elastic expansion for a cylinder is 1.05 times its
original elastic expansion.
(B) If there is evidence of denting or bulging.
(C) Twenty-four years after the date of the original test or after
4,380 pressurizations, whichever occurs first. If a cylinder is
recharged, on average, more than once every other day, an accurate
record of the number of rechargings must be maintained by the cylinder
owner or his/her agent.
(iii) The retest date and retester identification number must be
applied by low-stress steel stamp to a depth no greater than that of
the marking at the time of manufacture. Stamping on the sidewall is not
authorized.
(16) DOT-3A or 3AA cylinders. (i) A cylinder made in conformance
with specification DOT-3A or 3AA with a water capacity of 125 pounds or
less that is removed from any cluster, bank, group, rack or vehicle
each time it is filled, may be retested every ten years instead of
every five years, provided the cylinder complies with all of the
following--
(A) The cylinder was manufactured after December 31, 1945;
(B) The cylinder is used exclusively for air, argon, cyclopropane,
ethylene, helium, hydrogen, krypton, neon,
[[Page 26763]]
nitrogen, nitrous oxide, oxygen, sulfur hexafluoride, xenon, permitted
mixtures of these gases (see Sec. 173.301(a)) and permitted mixtures of
these gases with up to 30 percent by volume of carbon dioxide, provided
that the gas has a dew point at or below minus 52 deg. F at 1
atmosphere;
(C) Before each refill, the cylinder passes the hammer test
specified in CGA Pamphlet C-6;
(D) The cylinder is dried immediately after hydrostatic testing to
remove all traces of free water;
(E) The cylinder is not used for underwater breathing; and
(F) Each cylinder is stamped with a five-point star at least one-
fourth of an inch high immediately following the test date.
(ii) If, since the last required hydrostatic retest, a cylinder has
not been used exclusively as specified in paragraph (e)(16)(i)(B) of
this section, but currently conforms with all other provisions of
paragraph (e)(16)(i) of this section, it may be retested every 10 years
instead of every five years, provided it is first retested and examined
as prescribed by Sec. 173.302(c)(2), (3) and (4).
(iii) Except as specified in paragraph (e)(16)(ii) of this section,
if a cylinder marked with a star is charged with a compressed gas other
than as specified in this paragraph (e)(16), the star following the
most recent test date must be obliterated. The cylinder must be
retested five years from the marked retest date, or prior to the first
charging with a compressed gas, if the required five-year retest period
has passed.
(17) Cylinders containing corrosive materials. (i) A cylinder that
previously contained a Class 8 (corrosive) material may not be used to
transport a compressed gas in commerce unless the following
requirements are met--
(A) The cylinder is visually inspected, internally and externally,
in accordance with CGA Pamphlet C-6;
(B) Regardless of the date of previous retest, the cylinder is
subjected to and passes inspection and hydrostatic retest in accordance
with this section; and
(C) The record prescribed in paragraph (e)(8) of this section
includes: the month and year of inspection and test; the cylinder
identification (including ICC or DOT specification number, registered
symbol, serial number, date of manufacture and owner); the conditions
checked (e.g., leakage, corrosion, gouges, dents, or digs in shell or
heads, broken or damaged footrings, fire damage) and the disposition of
the cylinder (returned to service, returned to the manufacturer for
repairs, or scrapped).
(ii) A cylinder requalified for compressed gas service in
accordance with this paragraph (e)(17) may have its next retest and
inspection scheduled from the date of the inspection and retest
prescribed in this paragraph (e). If decontamination cannot remove all
significant residue or impregnation by the Class 8 material, the
cylinder may not be used to transport compressed gas in commerce.
(18) DOT 8 and 8AL cylinders. (i) Each owner of a DOT 8 or 8AL
cylinder used to transport acetylene must have the cylinder shell and
the porous filler requalified in accordance with CGA Pamphlet C-13.
Requalification must be performed in accordance with the following
schedule:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shell (visual inspection) requalification Porous filler requalification
Date of cylinder manufacture -------------------------------------------------------------------------------------------------------------------
Initial Subsequent Initial Subsequent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Before January 1, 1991.............. Before January 1, 2001..... 10 yrs..................... Before January 1, 2001..... Not required.
On or after January 1, 1991......... 10 yrs \1\................. 10 yrs..................... 3 to 30 yrs \2\............ Not required.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Years from date of cylinder manufacture.
\2\ For a cylinder manufactured on or after January 1, 1991, requalification of the porous filler must be performed no sooner than 3 years, and no later
than 20 years, from the date of manufacture.
(ii) Unless requalified and marked in accordance with CGA Pamphlet
C-13 before October 1, 1994, an acetylene cylinder must be requalified
by a person who holds a valid retester identification number. Each
cylinder successfully passing a shell or filler requalification must be
marked with the retester's identification number in accordance with
paragraph (e)(7) of this section. In addition, the cylinder must be
marked to identify the type of requalification performed in accordance
with paragraph 5.6 of CGA Pamphlet C-13. For example, the letter ``S''
must be used for a shell requalification and the letter ``F'' for a
porous filler requalification.
(iii) If a cylinder valve is replaced, a cylinder valve of the same
weight must be used or the tare weight of the cylinder must be adjusted
to compensate for valve weight differential.
(19) Cylinders used as a fire extinguisher. A DOT specification
cylinder used as a fire extinguisher in compliance with Sec. 173.309
may be retested in accordance with this paragraph (e)(19).
(i) A DOT specification 4B, 4BA, 4B240ET or 4BW (Secs. 178.50,
178.51, 178.55 and 178.61 of this subchapter) cylinder may be retested
as follows:
(A) For a cylinder with a water capacity of 12 pounds or less by
hydrostatic test using the water jacket method or by hydrostatic test
without determination of expansion (modified hydrostatic test method).
A retest must be performed 12 years after the original test date and at
12-year intervals thereafter.
(B) For a cylinder having a water capacity over 12 pounds--
(1) By hydrostatic test without determination of expansion
(modified hydrostatic test method). A retest must be performed 12 years
after the original test date and at 7-year intervals; or
(2) By hydrostatic test using the water jacket method. A retest
must be performed 12 years after the original test date and at 12-year
intervals thereafter.
(ii) A DOT specification 3A, 3AA, or 3AL (Secs. 173.36, 178.37 and
178.46 of this subchapter) cylinder may be retested by hydrostatic test
using the water jacket method. A retest must be performed 12 years
after the original test date and at 12-year intervals thereafter.
* * * * *
Sec. 173.163 [Amended]
6. In Sec. 173.163, the reference ``Sec. 173.34(e)(5)'' is revised
to read ``Sec. 173.34(e)(8)''.
7. In Sec. 173.301, the section heading and paragraph (j) are
revised to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(j) Charging of foreign cylinders for export. (1) A cylinder
manufactured outside the United States that has not been manufactured,
inspected, tested and marked in accordance with part 178 of this
subchapter may be charged with compressed gas in the United States, and
shipped solely for export if it meets
[[Page 26764]]
the following requirements, in addition to other requirements of the
subchapter:
(i) It has been inspected, tested and marked (with only the month
and year of retest) in conformance with the procedures and requirements
of Sec. 173.34(e) or the Associate Administrator for Hazardous
Materials Safety has authorized the charging company to fill foreign
cylinders under an alternative method of qualification; and
(ii) It meets the maximum filling density and service pressure
requirements of this part.
(2) The bill of lading or other shipping paper must identify the
cylinder and carry the following certification: ``This cylinder has
[These cylinders have] been retested and refilled in accordance with
DOT requirements for export.''
* * * * *
Sec. 173.301 [Amended]
8. In addition, in Sec. 173.301, in paragraph (a), the reference to
``Sec. 173.34(e)(16)'' is revised to read ``Sec. 173.34(e)(17)''.
9. In Sec. 173.302, in paragraph (c)(3), the text preceding the
table and the value for ``K'' in Note 1 following the table are
revised, and Note 3 is added after Note 2, to read as follows:
Sec. 173.302 Charging of cylinders with non-liquefied compressed
gases.
* * * * *
(c) * * *
(3) That either the average wall stress or the maximum wall stress
does not exceed the wall stress limitation shown in the following table
(see Notes 1, 2 and 3):
* * * * *
Note 1: * * *
* * * * *
K=factor x 10-7 , experimentally determined for the particular
type of cylinder being tested, or derived in accordance with CGA
Pamphlet C-5;
* * * * *
Note 3: Compliance with average wall stress limitation may be
determined through computation of the elastic expansion rejection
limit in accordance with CGA Pamphlet C-5.
* * * * *
10. In Sec. 173.309, paragraph (b) is revised to read as follows:
Sec. 173.309 Fire extinguishers.
* * * * *
(b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW
(Secs. 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and
178.61 of this subchapter) cylinders are authorized for use as fire
extinguishers subject to the following conditions:
(1) Each fire extinguisher may only have extinguishing contents
that are nonflammable, non-poisonous, non-corrosive and commercially
free from corroding components.
(2) Each fire extinguisher must be charged with a nonflammable,
non-poisonous, dry gas that has a dew-point at or below minus 46.7
deg.C (minus 52 deg.F) at 101 kPa (1 atmosphere) and is free of
corroding components, to not more than the service pressure of the
cylinder.
(3) Each fire extinguisher must be protected externally by suitable
corrosion-resisting coating.
Issued in Washington, DC on May 16, 1996, under authority
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 96-12838 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-60-P
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