80 FR 68471 - Radio Frequency Devices, FCC Form 740 Temporary Suspension

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range		68471-68472
FR Document		2015-28138

This document temporarily waives the requirements of the Commission's rules that govern the submission of information associated with FCC Form 740 concerning imported Radio Frequency (RF) devices. U.S. Customs and Border Protection (CBP) is implementing a new electronic filing system which is scheduled to become fully operational by December 2016. In light of steps taken related to the transition to the new CBP system, parties importing RF devices will lose the ability to electronically file the required FCC information. The Commission does not believe that it would serve the public interest to establish an alternative means for importers to submit this information with us during the pendency of the rulemaking.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68471-68472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28138]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 15-170; FCC 15-135]


Radio Frequency Devices, FCC Form 740 Temporary Suspension

AGENCY: Federal Communications Commission.

ACTION: Final rule; temporary suspension.

-----------------------------------------------------------------------

SUMMARY: This document temporarily waives the requirements of the 
Commission's rules that govern the submission of information associated 
with FCC Form 740 concerning imported Radio Frequency (RF) devices. 
U.S. Customs and Border Protection (CBP) is implementing a new 
electronic filing system which is scheduled to become fully operational 
by December 2016. In light of steps taken related to the transition to 
the new CBP system, parties importing RF devices will lose the ability 
to electronically file the required FCC information. The Commission 
does not believe that it would serve the public interest to establish 
an alternative means for importers to submit this information with us 
during the pendency of the rulemaking.

DATES: Effective December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, (202) 418-2702.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 15-170, FCC 15-135, adopted October 16, 2015 and released 
October 19, 2015. The full text of this document is available on the 
Commission's Internet site at www.fcc.gov. It is also available for 
inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554.

Synopsis of the Suspension Order

    1. The Commission took action to temporarily waive the requirements 
in Sec. Sec.  2.1203 and 2.1205 of the Commission's rules that govern 
the submission of information in connection with imported Radio 
Frequency (RF) devices, effective July 1, 2016, through December 31, 
2016, for the following reasons:
    2. Section 2.1203 of the Commission's rules states that no RF 
device may be imported unless the importer or ultimate consignee (or 
their designated customs broker) declares that the device meets the 
conditions of entry set forth in our importation rules. Section 2.1205 
provides two ways to make this declaration. At ports of entry where 
electronic filing with the U.S. Customs and Border Protection (CBP) is 
not available, the importer completes FCC Form 740 and attaches a copy 
to its customs import papers. Where electronic customs filing is 
available, the importer may submit the information electronically as 
part of its entry documentation submission to CBP. Currently, nearly 
all submissions are made electronically through the CBP's Automated 
Commercial System (ACS), and very few paper filings are submitted.
    3. CBP is deploying a new electronic filing system, the Automated 
Commercial Environment (ACE), which will not have the capability for 
importers to submit the FCC-required Form 740 information 
electronically. FCC-related importation filings can continue to be 
submitted electronically

[[Page 68472]]

via ACS or paper until July 1, 2016. According to the current CBP 
schedule, as of July 1, 2016, CBP will no longer accept filings made 
via ACS.
    4. The Commission adopted a Notice of Proposed Rulemaking (NPRM) in 
the above-captioned proceedings to update the rules that govern the 
evaluation and approval of RF devices, 80 FR 46900 (August 6, 2015). In 
the NPRM, the Commission proposed to amend Sec.  2.1203 and remove 
Sec.  2.1205, thereby eliminating the declaration and associated filing 
requirements. While the ongoing rulemaking may ultimately result in the 
elimination, modification, or retention of the Sec. Sec.  2.1203 and 
2.1205 requirements, the overall rulemaking proceeding is quite complex 
and it is possible that the Commission will be unable to reach and 
publish a final determination before July 1, 2016, the date upon which 
CBP will no longer accept the electronic filing of FCC Form 740s via 
ACS.
    5. If the Commission retains or modifies the Form 740 information 
filing requirement, parties will be precluded from filing 
electronically after July 1, 2016 outside of the ACE system. The ACE 
system would have to be modified to render that system capable of 
accepting FCC Form 740s, which would require appreciable amount of time 
and expense and may not be able to be implemented by July 1. This would 
mean that for some period of time after July 1, all the Form 740 
filings would be made via paper. Such a result would be impractical. 
The Commission estimated that it would receive approximately 20,000 
such forms each week, with the same number of forms submitted to CBP. 
In addition, numerous importers would also have to file with FDA or 
other agencies that may regulate a given device. Given the 
circumstances, the Commission found that, absent a waiver, there would 
be significant burdens associated with the ACE implementation for Form 
740, for the CBP and FCC. If the Commission ultimately eliminates the 
Form 740 requirements, any efforts to modify ACE to accommodate Form 
740 will have been unnecessary. On the other hand, if the Commission 
determines to require the Form 740 information filing, the necessary 
changes to the ACE can be made at that time.
    6. The timing of the Commission's open proceeding also introduces 
considerable regulatory uncertainty for the importation community that 
further supports the need for a waiver. Based on discussions with 
manufacturers with considerable importation volumes and import brokers 
and brokers' associations, the Commission determined that it could take 
a number of months for the members of the importation community to 
tailor their existing documentation and related processes to any new 
importation regime--even one that lifts burdens. Accordingly, this 
community needs to know whether its members should begin making the 
necessary preparations for compliance with a paper-based regime in 
July, or whether they can continue using their existing processes with 
some assurance that they will not be expected to make a flash cut to a 
paper filing process come July.
    7. Section 1.3 of the Commission's rules provides that ``[a]ny 
provision of the rules may be waived by the Commission on its own 
motion or on petition if good cause therefor is shown.'' For the above 
stated reasons, the Commission found good cause to temporarily waive 
the above-described filing requirements in Sec. Sec.  2.1203 and 2.1205 
of the rules effective July 1, 2016, and extending for six months. 
Assuming that the waiver remains necessary as of July 1, the Commission 
anticipates that any difficulties associated with not gathering data 
through Form 740 will be relatively limited in time and scope. The 
Commission will work with CBP to draw on other data to satisfy any 
informational needs that are currently provided through the operation 
of Sec. Sec.  2.1203 and 2.1205. If the Commission decides to retain 
the requirement that importers submit some or all of the information 
required by Sec. Sec.  2.1203 and 2.1205, it will set forth appropriate 
revised filing procedures at that time. To the extent that a waiver 
remains necessary as of July 1, our action only affects the manner in 
which the Commission collects the information about imported RF 
equipment that is associated with the requirements of Sec. Sec.  2.1203 
and 2.1205. The general proscription against importation of non-
authorized equipment is unaffected and will remain fully in effect.
    8. For the foregoing reasons, the Commission will temporarily waive 
the requirements of Sec. Sec.  2.1203 and 2.1205, effective July 1, 
2016. The waiver will remain in effect through December 31, 2016. The 
Commission also delegated authority to the Office of Engineering and 
Technology to extend this date, but no later than the effective date of 
any decision regarding Sec. Sec.  2.1203 and 2.1205 in the NPRM 
proceeding.
    9. Pursuant to sections 1, 4(i), 301, 302, 303(e), 303(f), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
Sections 151, 154(i), 301, 302, 303(e), 303(f), and 303(r), and Section 
1.3 of the Commission's rules, 47 CFR Section 1.3, that Sec. Sec.  
2.1203 and 2.1205 of the Commission's rules and Regulations, ARE 
TEMPORARILY WAIVED, effective July 1, 2016, to the Federal 
Communications Commission.

Marlene Dortch,
Secretary.
[FR Doc. 2015-28138 Filed 11-4-15; 8:45 am]
BILLING CODE 6712-01-P

Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68471

no Indian tribe or Native Hawaiian Manager, National NAGPRA Program; the transition to the new CBP system,
organization has sent a written claim for and parties importing RF devices will lose
the cultural items to the appropriate (2) Publish a notice of the proposed the ability to electronically file the
Federal agency, or no lineal descendant transfer or reinterment in a newspaper required FCC information. The
has responded to a notice for human of general circulation in the area in Commission does not believe that it
remains and associated funerary objects; which the unclaimed cultural items would serve the public interest to
or were excavated or discovered, and establish an alternative means for
(ii) Within two years after knowing or removed, and, if applicable, in a importers to submit this information
having reason to know that cultural newspaper of general circulation in the with us during the pendency of the
items were excavated or discovered, and area in which each potential claimant rulemaking.
removed, the appropriate Federal now resides. DATES: Effective December 7, 2015.
agency could not reasonably identify (i) The notice must explain the nature
FOR FURTHER INFORMATION CONTACT:
any Indian tribe or Native Hawaiian of the unclaimed cultural items,
Brian Butler, Office of Engineering and
organization or lineal descendant as a summarize consultation efforts under
Technology, (202) 418–2702.
potential claimant. § 10.5, and solicit claims under the
SUPPLEMENTARY INFORMATION: This is a
■ 3. Add § 10.7 to read as follows: priority of ownership or control in
section 3(a) of the Act (25 U.S.C. summary of the Commission’s Order, ET
§ 10.7 Disposition of unclaimed human 3002(a)) and § 10.6. Docket No. 15–170, FCC 15–135,
remains, funerary objects, sacred objects, (ii) The notice must be published at adopted October 16, 2015 and released
or objects of cultural patrimony. least two times at least a week apart. October 19, 2015. The full text of this
(a) This section carries out section (iii) The transfer or reinterment may document is available on the
3(b) of the Act (25 U.S.C. 3002(b)) not take place until at least 30 days after Commission’s Internet site at
regarding unclaimed cultural items. publication of the second notice to www.fcc.gov. It is also available for
(b) A Federal agency that has allow time for any claimants under the inspection and copying during regular
unclaimed cultural items (human priority of ownership or control in business hours in the FCC Reference
remains, funerary objects, sacred section 3(a) of the Act and § 10.6 to Center (Room CY–A257), 445 12th
objects, or objects of cultural patrimony) come forward. Street SW., Washington, DC 20554.
must: (3) Send to the Manager, National Synopsis of the Suspension Order
(1) Submit a list of the items to the NAGPRA Program a copy of the notice
Manager, National NAGPRA Program 1. The Commission took action to
published under paragraph (d)(2) of this temporarily waive the requirements in
that describes the general place of section and information on when and in
discovery or excavation, and removal; §§ 2.1203 and 2.1205 of the
what newspaper(s) the notice was Commission’s rules that govern the
the nature of the unclaimed cultural published. The National NAGPRA
items; and a summary of consultation submission of information in
Program will post information from connection with imported Radio
efforts under § 10.5 of this part. This list published notices on its Web site.
must be received by December 5, 2016, Frequency (RF) devices, effective July 1,
Dated: October 21, 2015. 2016, through December 31, 2016, for
or within 1 year after the cultural items
have become unclaimed under § 10.2(h), Michael Bean, the following reasons:
whichever is later; Principal Deputy Assistant Secretary for Fish 2. Section 2.1203 of the Commission’s
(2) Care for and manage unclaimed and Wildlife and Parks . rules states that no RF device may be
cultural items consistent with the [FR Doc. 2015–28041 Filed 11–4–15; 8:45 am] imported unless the importer or
regulations at 36 CFR part 79; and BILLING CODE 4310–EJ–P ultimate consignee (or their designated
(3) To the maximum extent feasible, customs broker) declares that the device
consider and respect the traditions of meets the conditions of entry set forth
any potential claimants listed in a FEDERAL COMMUNICATIONS in our importation rules. Section 2.1205
notice under § 10.6(c) concerning the COMMISSION provides two ways to make this
unclaimed cultural items, including, but declaration. At ports of entry where
not limited to, traditions regarding 47 CFR Part 2 electronic filing with the U.S. Customs
housing, maintenance, and preservation. and Border Protection (CBP) is not
[ET Docket No. 15–170; FCC 15–135] available, the importer completes FCC
(c) Subject to paragraph (e) of this
section, a Federal agency that has Radio Frequency Devices, FCC Form Form 740 and attaches a copy to its
unclaimed cultural items may, upon 740 Temporary Suspension customs import papers. Where
request, transfer them to an Indian tribe electronic customs filing is available,
or Native Hawaiian organization that is AGENCY: Federal Communications the importer may submit the
not a potential claimant and agrees: Commission. information electronically as part of its
(1) To accept transfer; and ACTION: Final rule; temporary entry documentation submission to
(2) To treat them according to the suspension. CBP. Currently, nearly all submissions
laws and customs of the transferee. are made electronically through the
(d) Subject to paragraph (e) of this SUMMARY: This document temporarily CBP’s Automated Commercial System
section, a Federal agency that has waives the requirements of the (ACS), and very few paper filings are
unclaimed human remains or funerary Commission’s rules that govern the submitted.
objects may reinter them according to submission of information associated 3. CBP is deploying a new electronic
jstallworth on DSK7TPTVN1PROD with RULES

applicable interment laws. with FCC Form 740 concerning filing system, the Automated
(e) Before a Federal agency makes a imported Radio Frequency (RF) devices. Commercial Environment (ACE), which
transfer or reinterment under U.S. Customs and Border Protection will not have the capability for
paragraphs (c) or (d) of this section, it (CBP) is implementing a new electronic importers to submit the FCC-required
must: filing system which is scheduled to Form 740 information electronically.
(1) Submit the list required under become fully operational by December FCC-related importation filings can
paragraph (b)(1) of this section to the 2016. In light of steps taken related to continue to be submitted electronically

VerDate Sep<11>2014 14:34 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1

$68472 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations via ACS or paper until July 1, 2016. significant burdens associated with the gathering data through Form 740 will be According to the current CBP schedule, ACE implementation for Form 740, for relatively limited in time and scope. as of July 1, 2016, CBP will no longer the CBP and FCC. If the Commission The Commission will work with CBP to accept filings made via ACS. ultimately eliminates the Form 740 draw on other data to satisfy any 4. The Commission adopted a Notice requirements, any efforts to modify ACE informational needs that are currently of Proposed Rulemaking (NPRM) in the to accommodate Form 740 will have provided through the operation of above-captioned proceedings to update been unnecessary. On the other hand, if §§ 2.1203 and 2.1205. If the Commission the rules that govern the evaluation and the Commission determines to require decides to retain the requirement that approval of RF devices, 80 FR 46900 the Form 740 information filing, the importers submit some or all of the (August 6, 2015). In the NPRM, the necessary changes to the ACE can be information required by §§ 2.1203 and Commission proposed to amend made at that time. 2.1205, it will set forth appropriate § 2.1203 and remove § 2.1205, thereby 6. The timing of the Commission’s revised filing procedures at that time. eliminating the declaration and open proceeding also introduces To the extent that a waiver remains associated filing requirements. While considerable regulatory uncertainty for necessary as of July 1, our action only the ongoing rulemaking may ultimately the importation community that further affects the manner in which the result in the elimination, modification, supports the need for a waiver. Based on Commission collects the information or retention of the §§ 2.1203 and 2.1205 discussions with manufacturers with about imported RF equipment that is requirements, the overall rulemaking considerable importation volumes and associated with the requirements of proceeding is quite complex and it is import brokers and brokers’ §§ 2.1203 and 2.1205. The general possible that the Commission will be associations, the Commission proscription against importation of non- unable to reach and publish a final determined that it could take a number authorized equipment is unaffected and determination before July 1, 2016, the of months for the members of the will remain fully in effect. date upon which CBP will no longer importation community to tailor their 8. For the foregoing reasons, the accept the electronic filing of FCC Form existing documentation and related Commission will temporarily waive the 740s via ACS. processes to any new importation requirements of §§ 2.1203 and 2.1205, 5. If the Commission retains or regime—even one that lifts burdens. effective July 1, 2016. The waiver will modifies the Form 740 information Accordingly, this community needs to remain in effect through December 31, filing requirement, parties will be know whether its members should begin 2016. The Commission also delegated precluded from filing electronically making the necessary preparations for authority to the Office of Engineering after July 1, 2016 outside of the ACE compliance with a paper-based regime and Technology to extend this date, but system. The ACE system would have to in July, or whether they can continue no later than the effective date of any be modified to render that system using their existing processes with some decision regarding §§ 2.1203 and 2.1205 capable of accepting FCC Form 740s, assurance that they will not be expected in the NPRM proceeding. which would require appreciable to make a flash cut to a paper filing 9. Pursuant to sections 1, 4(i), 301, amount of time and expense and may process come July. 302, 303(e), 303(f), and 303(r) of the not be able to be implemented by July 7. Section 1.3 of the Commission’s Communications Act of 1934, as 1. This would mean that for some rules provides that ‘‘[a]ny provision of amended, 47 U.S.C. Sections 151, 154(i), period of time after July 1, all the Form the rules may be waived by the 301, 302, 303(e), 303(f), and 303(r), and 740 filings would be made via paper. Commission on its own motion or on Section 1.3 of the Commission’s rules, Such a result would be impractical. The petition if good cause therefor is 47 CFR Section 1.3, that §§ 2.1203 and Commission estimated that it would shown.’’ For the above stated reasons, 2.1205 of the Commission’s rules and receive approximately 20,000 such the Commission found good cause to Regulations, ARE TEMPORARILY forms each week, with the same number temporarily waive the above-described WAIVED, effective July 1, 2016, to the of forms submitted to CBP. In addition, filing requirements in §§ 2.1203 and Federal Communications Commission. numerous importers would also have to 2.1205 of the rules effective July 1, 2016, file with FDA or other agencies that may and extending for six months. Assuming Marlene Dortch, regulate a given device. Given the that the waiver remains necessary as of Secretary. circumstances, the Commission found July 1, the Commission anticipates that [FR Doc. 2015–28138 Filed 11–4–15; 8:45 am] that, absent a waiver, there would be any difficulties associated with not BILLING CODE 6712–01–P jstallworth on DSK7TPTVN1PROD with RULES VerDate Sep<11>2014 14:34 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 E:\FR\FM\05NOR1.SGM 05NOR1$

Document Created: 2015-12-14 15:02:46
Document Modified: 2015-12-14 15:02:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; temporary suspension.
Dates		Effective December 7, 2015.
Contact		Brian Butler, Office of Engineering and Technology, (202) 418-2702.
FR Citation		80 FR 68471