81 FR 30198 - Emission Mask Requirements for Digital Technologies on 800 MHz NPSPAC Channels; Analog FM Capability on Mutual Aid and Interoperability Channels
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 94 (May 16, 2016)
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30198-30202 | |
| FR Document | 2016-11336 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Rules and Regulations] [Pages 30198-30202] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11336] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [PS Docket No. 13-209, RM-11663; FCC 16-48] Emission Mask Requirements for Digital Technologies on 800 MHz NPSPAC Channels; Analog FM Capability on Mutual Aid and Interoperability Channels AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the Commission's rules to guard against interference to critical public safety communications in the 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) band (806- 809/851-854 MHz) and to enhance public safety system interoperability in the VHF, UHF and 800 MHz bands by specifying analog FM as the standard emission for use on all interoperability channels in these bands. DATES: Effective June 15, 2016. FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Attorney-Advisor, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected] and Brian Marenco, Electronics Engineer, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0838 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order in PS Docket No. 13-209, FCC 16-48, released on April 25, 2016. The document is available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). The Report and Order amends the rules to require digital technologies to comply with Emission Mask H when operated in the 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) band (806-809/851-854 MHz). The Report and Order also amends the rules to require equipment to have analog FM capability when operating on 800 MHz NPSPAC, VHF (150-170 MHz), and UHF (450-470 MHz) public safety mutual aid and interoperability channels. These rule changes will help safeguard public safety licensees in the NPSPAC band from adjacent- channel interference and preserve interoperability in the NPSPAC, VHF and UHF bands. Finally, the Report and Order terminates the existing freeze on equipment authorization announced in the Public Notice, 28 FCC Rcd 12661. Procedural Matters A. Final Regulatory Flexibility Analysis The Final Regulatory Flexibility Analysis required by section 604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in Appendix B of the Report and Order. [[Page 30199]] B. Paperwork Reduction Act of 1995 Analysis The actions taken in the Report and Order in PS Docket No. 13-209 have been analyzed with respect to the Paperwork Reduction Act of 1995, Public Law 104-13, and found to impose no new or modified recordkeeping requirements or burdens on the public. C. Congressional Review Act The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act (``CRA''), see 5 U.S.C. 801(a)(1)(A). Final Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking (NPRM). The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. The comments received are discussed below. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. A. Need for, and Objectives of, the Proposed Rules 2. The basic purpose of the Report and Order is to amend the Part 90 technical rules in order to prevent adjacent channel interference and promote interoperable public safety communications. In the Notice of Proposed Rulemaking (NPRM) we proposed to adopt rules that guard against interference to critical public safety communications in the 800 MHz NPSPAC band and enhance public safety system interoperability in the VHF, UHF and 800 MHz bands. Most commenters submit that digital equipment should not be authorized in the NPSPAC band unless it complies with Emission Mask H because digital transmitters increase the potential for adjacent channel interference and reduce frequency reuse in the limited NPSPAC spectrum. Most commenters also believe that public safety radios should have analog FM capability when operating on the mutual aid and interoperability channels. 3. Based on the record, we conclude that the public interest will best be served by adopting the rules proposed in the NPRM, with certain changes that will reduce regulatory burdens on public safety entities and manufacturers. The rule changes adopted in this Report and Order provide certainty to public safety entities, regional planning committees (RPC), equipment manufacturers, and equipment certification laboratories, and will ensure that licensed facilities operate under uniform technical parameters to maintain the extant interference environment in the NPSPAC band and promote interoperability. B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 4. There were no comments raised that specifically addressed the proposed rules and policies presented in the IRFA. Nonetheless, we considered the potential impact of the rules proposed in the IRFA on small entities and reduced the compliance burden for all small entities in order to reduce the economic impact of the rules enacted herein on such entities. 5. First, our decision to apply the H Mask to digital technology is limited to equipment that operates in the sensitive interference environment of the NPSPAC band where 25 kilohertz channels are spaced only 12.5 kilohertz apart. We recognize that the NPSPAC channels are more susceptible to adjacent channel interference due to the 12.5 kilohertz channel spacing relative to the rest of the 800 MHz band where channels are spaced 25 kilohertz apart. Equipment not conforming to the H Mask would increase the potential for adjacent channel interference, require greater geographic separation to mitigate interference and thus reduce spectrum reuse of limited public safety spectrum. Thus, by amending the emission mask rules applicable to the NPSPAC band, we reduce the economic burden on public safety licensees in having to contend with increased adjacent channel interference and decreased spectrum availability. 6. Second, our decision to require analog FM common modulation capability promotes interoperability on the mutual aid channels and the VHF/UHF interoperability channels. In light of the embedded base of analog FM equipment on the mutual aid and VHF/UHF interoperability channels, we believe that requiring a common modulation scheme is a low-cost measure to ensure that these channels remain available during times of crisis. 7. Third, the record shows that the benefits to public safety users of requiring (1) digital technologies to comply with Emission Mask H when operating in the NPSPAC band and (2) equipment to have analog FM capability when operating on 800 MHz, VHF, and UHF public safety mutual aid and interoperability channels exceed the asserted costs of (1) compliance with Emission Mask H, and (2) providing analog FM capability. Additionally, public safety agencies that wish to use non-H Mask compliant digital emissions for non-interoperable communications may apply for authorizations in the 4.5 MHz of 800 MHz interleaved spectrum. C. Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 8. The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by the rules adopted herein. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act (SBA). A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 9. Private Land Mobile Radio Licensees. PLMR systems serve an essential role in a range of industrial, business, land transportation, and public safety activities. These radios are used by companies of all sizes operating in all U.S. business categories, and are often used in support of the licensee's primary (non-telecommunications) business operations. For the purpose of determining whether a licensee of a PLMR system is a small business as defined by the SBA, we use the broad census category, Wireless Telecommunications Carriers (except Satellite). 10. The Wireless Telecommunications Carriers (except satellite) industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video services. The appropriate size standard under SBA rules for the category Wireless Telecommunications Carriers (except satellite) is that a business is small if it has 1,500 or fewer employees. Census data for 2007 show that there were 1,383 such firms that operated for the entire year. Of this total, 1,368 firms had fewer than 1000 employees. Thus, under this category and the associated small business size standard, the Commission estimates that [[Page 30200]] the majority of wireless telecommunications carriers (except satellite) are small. 11. The definition of the Wireless Telecommunications Carriers (except satellite) industry provides that a small entity is any such entity employing no more than 1,500 persons. The Commission does not require PLMR licensees to disclose information about number of employees, so the Commission does not have information that could be used to determine how many PLMR licensees constitute small entities under this definition. We note that PLMR licensees generally use the licensed facilities in support of other business activities, and therefore, it would also be helpful to assess PLMR licensees under the standards applied to the particular industry subsector to which the licensee belongs. 12. As of November 1, 2012, there were 1,185 PLMR licensees operating in the PLMR band between 806-809/851-854 MHz (NPSPAC band) and 686 PLMR licensees operating on the VHF and UHF public safety interoperability channels. We note that any entity engaged in a commercial activity is eligible to hold a PLMR license, and that any revised rules in this context could therefore potentially impact small entities covering a great variety of industries. 13. Small Businesses, Small Organizations, and Small Governmental Jurisdictions. Our action may, over time, affect small entities that are not easily categorized at present. We therefore describe here, at the outset, three comprehensive, statutory small entity size standards that encompass entities that could be directly affected by the amended rules. As of 2009, small businesses represented 99.7% of the 28.2 million businesses in the United States, according to the SBA. Additionally, a ``small organization'' is generally ``any not-for- profit enterprise which is independently owned and operated and is not dominant in its field.'' Nationwide, as of 2007, there were approximately 1,621,315 small organizations. Finally, the term ``small governmental jurisdiction'' is defined generally as ``governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.'' Census Bureau data for 2007 indicate that there were 89,527 governmental jurisdictions in the United States. We estimate that, of this total, as many as 88,761 entities may qualify as ``small governmental jurisdictions.'' Thus, we estimate that most governmental jurisdictions are small. 14. RF Equipment Manufacturers. The Census Bureau defines this category as follows: ``This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by these establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.'' The SBA small business size standard for Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing is all such firms having 750 or fewer employees. According to Census Bureau data for 2007, there were a total of 939 establishments in this category that operated for the entire year. Of this total, 912 had employment of under 500, and an additional 10 had employment of 500 to 999. Thus, under this size standard, the majority of firms can be considered small. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 15. The Report and Order adopts two principal rule changes that will affect reporting, recordkeeping and other compliance requirements. The Report and Order retains our 800 MHz NPSPAC emission mask rules and explicitly requires digital emission transmitters to comply with Emission Mask H when operated on 800 MHz NPSPAC channels. The Report and Order also requires mobile and portable transmitters to have analog FM modulation capability on the public safety mutual aid and VHF/UHF interoperability frequencies. Digital emission transmitters have characteristics that differ from analog FM transmitters and, hence, have a greater likelihood of causing adjacent-channel interference. The Commission developed specific emission masks for digital emissions, including Mask H for digital emissions in the 800 MHz NPSPAC band. Industry practice recognizes that (1) digitally-modulated signals must be certified under the H-Mask for use in public safety spectrum and (2) radios intended for use on mutual aid and interoperability channels must be capable of analog FM operation. We expect that large and small manufacturers already comply with these proposed regulations. However, to the extent some manufacturers do not already comply with these regulations and industry standards, we expect that such manufacturers would refrain from marketing their equipment to public safety entities as being in compliance with the Commission's rules and ensure that their equipment performs consistent with these regulations designed to prevent interference and preserve interoperability. The Commission's equipment certification process will serve to ensure that equipment complies with Emission Mask H when operated in the NPSPAC band and that it has FM modulation capability on public safety mutual aid and VHF/UHF interoperability frequencies. Some manufacturers may submit new or amended applications for equipment certification accompanied by the requisite engineering showings that demonstrate compliance with the rules adopted in the Report and Order. See OMB Control No. 3060-0057. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 16. The RFA requires an agency to describe any significant alternatives that it has considered in developing its approach, which may include the following four alternatives (among others): ``(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.'' 17. We have evaluated our rule changes in the context of small business entities and find no alternatives, to the benefit of small entities that would achieve our goals of adjacent channel interference avoidance and facilitating nationwide interoperability. Additionally, the rules we adopt are consistent with industry practice and reflect the embedded base of public safety equipment on these channels. Accordingly, we expect most manufacturers and public safety licensees already comply with our regulations, therefore minimizing any significant economic impact on small entities. We believe that these restrictions on adjacent channel interference and interoperability compliance requirements are the minimum needed, when weighed against the significant benefits to small entities, including public safety entities, that result from the approach we are adopting here. In order to further minimize the economic impact on small entities, the rules require analog FM [[Page 30201]] capability only in subscriber units in order to achieve interoperability. F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 18. None. G. Report to Congress 19. The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA (or summaries thereof) is also being published in the Federal Register. Ordering Clauses 20. Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 4(j), 301, 302, 303, 308, 309(j), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 302, 303, 308, 309(j), and 332, that this Report and Order is hereby ADOPTED. Part 90 of the Commission's rules, 47 CFR part 90, is revised as set forth in Appendix A to this Report and Order. These rule revisions will take effect 30 days after the date of publication of the text thereof in the Federal Register. 21. It is further ordered that the equipment authorization freeze announced in the Public Notice, 28 FCC Rcd 12661, shall be terminated on the date the rule revisions as set forth in Appendix A become effective. 22. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 23. It is further ordered that the Commission shall send a copy of this Report and Order, to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 90 Radio. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 90 as follows: PART 90--PRIVATE LAND MOBILE RADIO SERVICES 0 1. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). 0 2. Section 90.20 is amended by revising paragraph (d)(80) to read as follows: Sec. 90.20 Public Safety Pool. * * * * * (d) * * * (80) After December 7, 2000 this frequency is available primarily for public safety interoperability only communications. Stations licensed prior to December 7, 2000 may continue to use this frequency on a co-primary basis until January 1, 2005. After January 1, 2005, all operations will be secondary to co-channel interoperability communications. Analog FM emission shall exclusively be used for operation on the VHF and UHF interoperability channels. * * * * * 0 3. Section 90.203 is amended by revising paragraphs (i) and (j)(1) to read as follows: Sec. 90.203 Certification required. * * * * * (i) Mobile/portable equipment capable of use in the 806-809/851-854 MHz band segment and submitted for certification thirty or more days after publication of a summary of the Report and Order, (FCC 16-48, released April 25, 2016) in PS Docket 13-209 in the Federal Register must have the capability to operate in the analog FM mode on the mutual aid channels designated in Sec. 90.617(a)(1) of the rules. (j) * * * (1) Applications for certification of mobile and portable equipment designed to transmit voice on public safety frequencies in the 150-174 MHz or 450-470 MHz band will be granted only if the mobile/portable equipment is capable of operating in the analog FM mode on the nationwide public safety interoperability channels in the 150-174 MHz band or 450-470 MHz band, as appropriate. (See Sec. 90.20(c), (d)(80) of this part.) * * * * * 0 4. Section 90.210 is amended by adding footnote 6 to the entry for 806- 809/851-854 in the Applicable Emission Masks table to read as follows: Sec. 90.210 Emission masks. * * * * * Applicable Emission Masks ------------------------------------------------------------------------ Mask for Mask for equipment with equipment without Frequency band (MHz) audio low pass audio low pass filter filter ------------------------------------------------------------------------ * * * * * * * 806-809/851-854 \6\............... B H * * * * * * * ------------------------------------------------------------------------ * * * * * * * \6\ Transmitters utilizing analog emissions that are equipped with an audio low-pass filter must meet Emission Mask B. All transmitters utilizing digital emissions and those transmitters using analog emissions without an audio low-pass filter must meet Emission Mask H. 0 5. Section 90.617 is amended by revising paragraph (a)(1) to read as follows: Sec. 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896- 901/935-940 MHz bands available for trunked, conventional or cellular system use in non-border areas. * * * * * (a) * * * (1) Channels numbers 1-230 are also available to eligible applicants in the Public Safety Category in non-border areas. The assignment of these channels [[Page 30202]] will be done in accordance with the policies defined in the Report and Order in Gen. Docket No. 87-112 (See Sec. 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. * * * * * 0 6. Section 90.619 is amended by revising paragraphs (a)(5)(i) and (c)(6)(i) to read as follows: Sec. 90.619 Operations within the U.S./Mexico and U.S./Canada border areas. (a) * * * (5) * * * (i) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See Sec. 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. * * * * * (c) * * * (6) * * * (i) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See Sec. 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. * * * * * [FR Doc. 2016-11336 Filed 5-13-16; 8:45 am] BILLING CODE 6712-01-P
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Indian Tribes early in the process of Executive Order. This interpretive rule Advisory Committee (NPSPAC) band
developing this rule, and again after its is not subject to Executive Order 13045 (806–809/851–854 MHz) and to enhance
proposal, to permit them to have because it does not concern an public safety system interoperability in
meaningful and timely input into its environmental health or safety risk. the VHF, UHF and 800 MHz bands by
development. A summary of that specifying analog FM as the standard
H. Executive Order 13211: Actions
consultation and coordination follows. emission for use on all interoperability
EPA initiated a tribal consultation and Concerning Regulations That
channels in these bands.
coordination process before proposing Significantly Affect Energy Supply,
Distribution, or Use DATES: Effective June 15, 2016.
this rule by sending a ‘‘Notification of
FOR FURTHER INFORMATION CONTACT: John
Consultation and Coordination’’ letter This interpretive rule is not subject to
on April 18, 2014, to all of the 566 then Executive Order 13211 because it is not A. Evanoff, Attorney-Advisor, Policy
federally recognized tribes. EPA a significant regulatory action under and Licensing Division, Public Safety
contacted all federally recognized tribes, Executive Order 12866. and Homeland Security Bureau, (202)
even though only tribes with 418–0848 or john.evanoff@fcc.gov and
I. National Technology Transfer and Brian Marenco, Electronics Engineer,
reservations can apply for TAS under
Advancement Act (NTTAA) Policy and Licensing Division, Public
the CWA, because it is possible that
additional tribes could acquire This rulemaking does not involve Safety and Homeland Security Bureau,
reservation lands in the future. The technical standards. (202) 418–0838 or brian.marenco@
letter invited tribal leaders and fcc.gov.
J. Executive Order 12898: Federal
designated consultation representatives Actions To Address Environmental SUPPLEMENTARY INFORMATION: This is a
to participate in the tribal consultation Justice in Minority Populations and summary of the Commission’s Report
and coordination process. EPA held two Low-Income Populations and Order in PS Docket No. 13–209,
identical webinars concerning this FCC 16–48, released on April 25, 2016.
matter for tribal representatives on May The human health or environmental The document is available for download
22 and May 28, 2014. A total of 70 tribal risks addressed by this action will not at http://fjallfoss.fcc.gov/edocs_public/.
representatives participated in the two have potential disproportionately high The complete text of this document is
webinars, and tribes and tribal and adverse human health or also available for inspection and
organizations sent 20 pre-proposal environmental effects on minority, low- copying during normal business hours
comment letters to EPA. On August 7, income, or indigenous populations. This in the FCC Reference Information
2015, EPA resumed the consultation rule affects the procedures tribes must Center, Portals II, 445 12th Street SW.,
and coordination process with tribes. A follow to seek TAS for CWA regulatory Room CY–A257, Washington, DC 20554.
total of 44 tribal representatives purposes and does not directly affect the To request materials in accessible
participated in webinars in September level of environmental protection. formats for people with disabilities
2015. K. Congressional Review Act (CRA) (Braille, large print, electronic files,
EPA received 21 comment letters from audio format), send an email to
tribes and tribal associations during the This interpretive rule is exempt from
the CRA because it is a rule of agency FCC504@fcc.gov or call the Consumer &
public comment period. All tribal Governmental Affairs Bureau at 202–
comments supported the proposal. organization, procedure or practice that
does not substantially affect the rights or 418–0530 (voice), 202–418–0432 (TTY).
Some tribes had questions about how The Report and Order amends the
EPA would handle reservation land obligations of non-agency parties.
rules to require digital technologies to
status and boundary matters. Some Dated: May 5, 2016. comply with Emission Mask H when
comments urged EPA to help find Gina McCarthy, operated in the 800 MHz National
solutions to tribal funding limitations. Administrator. Public Safety Planning Advisory
EPA will continue to consider tribal [FR Doc. 2016–11511 Filed 5–13–16; 8:45 am] Committee (NPSPAC) band (806–809/
resource issues in its budgeting and BILLING CODE 6560–50–P 851–854 MHz). The Report and Order
planning process. However, EPA cannot also amends the rules to require
assure tribes that additional funding equipment to have analog FM capability
will be available for a tribe to develop when operating on 800 MHz NPSPAC,
FEDERAL COMMUNICATIONS
or implement a CWA regulatory VHF (150–170 MHz), and UHF (450–470
COMMISSION
program. MHz) public safety mutual aid and
EPA considered all of the tribal 47 CFR Part 90 interoperability channels. These rule
comments in developing this changes will help safeguard public
interpretive rule. EPA’s responses are [PS Docket No. 13–209, RM–11663; FCC 16–
48] safety licensees in the NPSPAC band
included in sections IV and V of this from adjacent-channel interference and
rule and in the Response to Comments preserve interoperability in the
Emission Mask Requirements for
document in the docket for this NPSPAC, VHF and UHF bands. Finally,
Digital Technologies on 800 MHz
rulemaking, the Report and Order terminates the
NPSPAC Channels; Analog FM
G. Executive Order 13045: Protection of Capability on Mutual Aid and existing freeze on equipment
Children From Environmental Health Interoperability Channels authorization announced in the Public
Risks and Safety Risks Notice, 28 FCC Rcd 12661.
AGENCY: Federal Communications
EPA interprets Executive Order 13045 Commission. Procedural Matters
as applying only to those regulatory ACTION: Final rule.
Lhorne on DSK30JT082PROD with RULES
actions that concern environmental A. Final Regulatory Flexibility Analysis
health or safety risks that EPA has SUMMARY: This document amends the The Final Regulatory Flexibility
reason to believe may Commission’s rules to guard against Analysis required by section 604 of the
disproportionately affect children, per interference to critical public safety Regulatory Flexibility Act, 5 U.S.C. 604,
the definition of ‘‘covered regulatory communications in the 800 MHz is included in Appendix B of the Report
action’’ in section 2–202 of the National Public Safety Planning and Order.
VerDate Sep<11>2014 14:36 May 13, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1](https://thefederalregister.org/doc/81_FR_30292/page/1.svg)
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will be done in accordance with the DEPARTMENT OF TRANSPORTATION DATES: Effective 0001 hr local time, May
policies defined in the Report and Order 13, 2016, through February 28, 2017.
in Gen. Docket No. 87–112 (See § 90.16). Pipeline and Hazardous Materials FOR FURTHER INFORMATION CONTACT:
The following channels are available Safety Administration Shannah Jaburek, Fishery Management
only for mutual aid purposes as defined Specialist, (978) 282–8456.
in Gen. Docket No. 87–112: Channels 1, 49 CFR Parts 171, 173, and 178 SUPPLEMENTARY INFORMATION: The reader
39, 77, 115, 153. Mobile and portable [Docket No. PHMSA–2015–0271 (HM–261)] can find regulations governing fishing
radios operating on the mutual aid activity in the Northern Gulf of Maine
RIN 2137–AF15
channels shall employ analog FM (NGOM) Scallop Management Area in
emission. Hazardous Materials: Incorporation by 50 CFR 648.54 and § 648.62. These
* * * * * Reference Edition Update for the regulations authorize vessels issued a
American Society of Mechanical valid federal scallop permit to fish in
■ 6. Section 90.619 is amended by Engineers Boiler and Pressure Vessel the NGOM Scallop Management Area
revising paragraphs (a)(5)(i) and (c)(6)(i) Code and Transportation Systems for under specific conditions, including a
to read as follows: Liquids and Slurries: Pressure Piping total allowable catch (TAC) of 67,454 lb
Code (30.6 mt) for the 2016 fishing year, and
§ 90.619 Operations within the U.S./Mexico a State Waters Exemption Program for
and U.S./Canada border areas. Correction the state of Maine. NMFS reduced the
(a) * * * In rule document 2016–10027 2016 NGOM Scallop Management Area
(5) * * * appearing on pages 25613–25618 in the TAC from 70,000 lb (31.8 mt) to 67,454
issue of Friday, April 29, 2016, make the lb (30.6 mt) to account for a 2,546-lb
(i) Channel numbers 1–230 are also following correction: (1,155-kg) over harvest of the 2015 TAC
available to eligible applicants in the On page 25614, in the first column, in during the 2015 fishing year. Section
Public Safety Category in the Canada the ‘‘DATES:’’ section, beginning on the 648.62(b)(2) requires the NGOM Scallop
Border Regions. The assignment of these 14th line, ‘‘[insert date 60 days after Management Area to be closed to
channels will be done in accordance publication in the Federal Register]’’ federally permitted scallop vessels for
with the policies defined in the Report should read ‘‘June 28, 2016’’. the remainder of the fishing year once
and Order of Gen. Docket No. 87–112 [FR Doc. C1–2016–10027 Filed 5–13–16; 8:45 am] the NMFS Greater Atlantic Regional
(See § 90.16). The following channels BILLING CODE 1505–01–D Administrator determines that the TAC
are available only for mutual aid for fishing year 2016 is projected to be
purposes as defined in Gen. Docket No. harvested. Any vessel that holds a
87–112: Channels 1, 39, 77, 115, 153. DEPARTMENT OF COMMERCE federal NGOM permit (category LAGC
Mobile and portable radios operating on B) may continue to fish in the Maine
the mutual aid channels shall employ National Oceanic and Atmospheric state waters portion of the NGOM
analog FM emission. Administration Scallop Management Area under the
State Waters Exemption Program found
* * * * * 50 CFR Part 648 in § 648.54 provided they have a valid
(c) * * * Maine state scallop permit and fish in
[Docket No. 151210999–6348–02]
(6) * * * state waters only.
RIN 0648–XE620 Based on trip declarations by
(i) Channel numbers 1–230 are also federally permitted scallop vessels
available to eligible applicants in the Fisheries of the Northeastern United fishing in the NGOM Scallop
Public Safety Category in the Canada States; Atlantic Sea Scallop Fishery; Management Area, and analysis of
Border Regions. The assignment of these 2016 Closure of the Northern Gulf of fishing effort, we project that the 2016
channels will be done in accordance Maine Scallop Management Area TAC will be harvested as of May 13,
with the policies defined in the Report AGENCY: National Marine Fisheries 2016. Therefore, in accordance with
and Order of Gen. Docket No. 87–112 Service (NMFS), National Oceanic and § 648.62(b)(2), the NGOM Scallop
(See § 90.16). The following channels Atmospheric Administration (NOAA), Management Area is closed to all
are available only for mutual aid Commerce. federally permitted scallop vessels as of
purposes as defined in Gen. Docket No. ACTION: Temporary rule; closure. May 13, 2016. No vessel issued a federal
87–112: Channels 1, 39, 77, 115, 153. scallop permit may fish for, possess, or
Mobile and portable radios operating on SUMMARY: NMFS announces that the land scallops in or from the NGOM
the mutual aid channels shall employ Northern Gulf of Maine Scallop Scallop Management Area after 0001
analog FM emission. Management Area will close for the local time, May 13, 2016, unless the
* * * * * remainder of the 2016 fishing year. No vessel is fishing exclusively in state
[FR Doc. 2016–11336 Filed 5–13–16; 8:45 am] vessel issued a federal scallop permit, waters and is participating in an
with the exception of Northern Gulf of approved state waters exemption
BILLING CODE 6712–01–P
Maine permit holders also holding a program as specified in § 648.54. Any
Maine state scallop permit and fishing federally permitted scallop vessel that
under the state waters exemption has declared into the NGOM Scallop
program in Maine state waters, may fish Management Area, complied with all
for, possess, or land scallops from the trip notification and observer
Lhorne on DSK30JT082PROD with RULES
Northern Gulf of Maine Scallop requirements, and crossed the VMS
Management Area. Regulations require demarcation line on the way to the area
this action once NMFS projects that 100 before 0001, May 13, 2016, may
percent of the 2016 total allowable catch complete its trip. All limited access
for the Northern Gulf of Maine Scallop scallop vessels fishing on a day-at-sea
Management Area will be harvested. must exit the NGOM Scallop
VerDate Sep<11>2014 14:36 May 13, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1](https://thefederalregister.org/doc/81_FR_30292/page/5.svg)
Document Created: 2016-05-14 01:16:42
Document Modified: 2016-05-14 01:16:42
| 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. | |
| Dates | Effective June 15, 2016. | |
| Contact | John A. Evanoff, Attorney-Advisor, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected] and Brian Marenco, Electronics Engineer, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0838 or [email protected] | |
| FR Citation | 81 FR 30198 |
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