81 FR 66830 - Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 189 (September 29, 2016)
Federal Register Volume 81, Issue 189 (September 29, 2016)
| Page Range | 66830-66833 | |
| FR Document | 2016-22432 |
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)] [Rules and Regulations] [Pages 66830-66833] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22432] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 90 [PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM- 11433 and RM- 11577, FCC 16-111] Service Rules Governing Narrowband Operations in the 769-775/799- 805 MHz Bands AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this Order on Reconsideration, the Federal Communications Commission (Commission) provides more flexibility to radio equipment manufacturers interested in the marketing and sale of 700 MHz equipment to public safety agencies by revising the Commission's rules and providing more time for interoperability testing of equipment designed to operate on the 700 MHz narrowband interoperability channels. [[Page 66831]] The Commission balances the needs of manufacturers for flexibility with public safety's need for verified interoperable communications during emergencies. The Commission also provides guidance to states that wish to delegate administration of certain 700 MHz narrowband channels and corrects certain rules governing public safety spectrum. DATES: Effective September 29, 2016, except for Sec. Sec. 2.1033(c)(20) and 90.548(c), containing new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995, which will become effective after such approval, on the effective date specified in a notification that the Commission will publish in the Federal Register announcing such approval and effective date. FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order on Reconsideration in PS Docket No. 13-87, FCC 16-111, released on August 22, 2016. The document is available for download at 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). In 2014, the Commission adopted a Report and Order in the captioned proceeding, which, inter alia, provided that mobile and portable 700 MHz public safety band radios designed to operate on the 700 MHz interoperability channels would be presumed interoperable if they received Project 25 Compliance Acceptance Program (CAP) approval (hereinafter referred to as P25 CAP), 79 FR 71321 (Dec. 2, 2014). In the alternative, manufacturers could accompany their equipment certification applications with other documentation demonstrating how the radio submitted for certification complied with Project 25 standards and was interoperable across vendors. The Telecommunications Industry Association (TIA) filed a timely petition for reconsideration of the Report and Order, 80 FR 4239 (Jan. 27, 2015). In this Order on Reconsideration, the Commission grants the Petition in part and modifies those rules to provide greater flexibility to manufacturers considering the marketing and sale of equipment to public safety. In particular, this Order on Reconsideration allows CAP compliance or the equivalent to be demonstrated after equipment certification but prior to the marketing or sale of that equipment. Thereby manufacturers may obtain FCC equipment authorization for equipment designed to operate on the 700 MHz narrowband interoperability channels before obtaining P-25 CAP approval or the equivalent. P-25 CAP approval, or the equivalent, however, must be obtained before equipment is marketed or sold, thus mitigating the risk to public safety, including state and local governmental entities, that equipment purchased may not be interoperable across vendors. Lack of interoperability can severely compromise public safety agencies' response to emergencies. The Commission concludes that CAP compliance or the equivalent completed before the marketing or sale of equipment to public safety mitigates the risk of lack of interoperability while accommodating the needs of manufacturers for flexibility in the equipment certification and P-25 CAP, or equivalent, processes. For these reasons, the Commission modifies Sections 2.1033(c)(20) and 90.548(c) of the rules. Separately, in response to a request for clarification filed by the National Regional Planning Council (NRPC), the Commission clarifies that states may delegate administration of the 700 MHz air-ground channels to the 700 MHz Regional Planning Committees (RPCs). The Commission also amends Section 90.535 of the Commission's rules to reflect its previous decision to eliminate the 700 MHz narrowbanding deadline. Additionally, the Commission corrects Sections 90.209 and 90.210 of the Commission's technical rules to accurately reflect bandwidth limitations and emission masks. Finally, the Commission conforms Sections 90.523(a)-(d) to the introductory sentence of Section 90.523, to reflect the restriction of the public safety narrowband spectrum bands to 769-775/799-805 MHz, as required by the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Procedural Matters A. Supplemental Final Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for notice-and- comment rule making proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the U.S. Small Business Administration (SBA). Pursuant to the RFA, a Final Regulatory Flexibility Analysis (``FRFA'') was incorporated into the Report and Order. This Order on Reconsideration amends the rules adopted in the Report and Order in this proceeding to provide manufacturers with greater flexibility in the equipment authorization process. Those rules required demonstration of Project 25 compliance (through CAP or otherwise) at the time of the filing of the equipment authorization application, when certain aspects of CAP compliance may be more difficult to demonstrate (e.g., the lack of availability of product versions needed for interoperability testing). Instead, the Order on Reconsideration requires CAP certification (or other demonstration of Project 25 compliance) before radios may be marketed or sold. This change preserves public safety interoperability goals while providing manufacturers with needed additional flexibility. This Order on Reconsideration also clarifies that States may delegate the administration of the 700 MHz air-ground channels to 700 MHz Regional Planning Committees; amends Section 90.523 of the rules to accurately reflect the 700 MHz narrowband public safety bands; and amends Section 90.535 of the rules to implement the Commission's decision to eliminate the 700 MHz narrowbanding mandate. Finally, the Order on Reconsideration corrects Sections 90.209 and 90.210 of the Commission's technical rules to accurately reflect the correct bandwidth limitations and emission masks. [[Page 66832]] B. Paperwork Reduction Act of 1995 Analysis The Order on Reconsideration contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. C. Congressional Review Act The Commission will send a copy of this Order on Reconsideration to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). D. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None. Ordering Clauses Accordingly, it is ordered that, pursuant to Sections 1, 4(i), 303, 316, 332, 337, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 316, 332, 337, 405, this Order on Reconsideration is hereby adopted. It is ordered pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405, and Section 1.429 of the Commission's rules, 47 CFR 1.429, that the Petition for Reconsideration filed by the Telecommunications Industries Association on January 2, 2015, IS GRANTED to the extent discussed herein. It is further ordered that Sections 2.1033(c)(20), 90.209, 90.210, 90.523, 90.535(d) and 90.548(c) of the Commission's rules are AMENDED. The amendments to Sections 2.1033(c)(20) and 90.548(c) require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act and shall become effective after the Commission publishes a notification in the Federal Register announcing such approval and the relevant effective date. The amendments to Sections 90.209, 90.210, 90.523, and 90.535(d) shall become effective on publication of this Order on Reconsideration in the Federal Register. It is further ordered, that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Order on Reconsideration, including the Supplemental Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Parts 2 and 90 Radio. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer. Office of the Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 90 as follows: PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 0 1. The authority citation for part 2 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 336, unless otherwise noted. 0 2. Section 2.1033 is amended by revising paragraph (c)(20) to read as follows: Sec. 2.1033 Application for certification. * * * * * (c) * * * (20) Before equipment operating under part 90 of this chapter and capable of operating on the 700 MHz interoperability channels (See Sec. 90.531(b)(1) of this chapter) may be marketed or sold, the manufacturer thereof shall have a Compliance Assessment Program Supplier's Declaration of Conformity and Summary Test Report or, alternatively, a document detailing how the manufacturer determined that its equipment complies with Sec. 90.548 of this chapter and that the equipment is interoperable across vendors. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. * * * * * PART 90--PRIVATE LAND MOBILE RADIO SERVICES 0 3. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156. 0 4. Section 90.209 is amended in the table in paragraph (b)(5) by revising the entries for ``406-512'' and ``809-824/854-869'' to read as follows: Sec. 90.209 Bandwidth limitations. * * * * * (b) * * * (5) * * * Standard Channel Spacing/Bandwidth ------------------------------------------------------------------------ Channel Authorized Frequency band (MHz) spacing bandwidth (kHz) (kHz) ------------------------------------------------------------------------ * * * * * 406-512 \2\..................................... 1 6.25 1 3 6 20/ 11.25/6 * * * * * 809-824/854-869................................. 25 6 20 * * * * * ------------------------------------------------------------------------ \1\ For stations authorized on or after August 18, 1995. \2\ Bandwidths for radiolocation stations in the 420-450 MHz band and for stations operating in bands subject to this footnote will be reviewed and authorized on a case-by-case basis. \3\ Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless the operations meet the efficiency standard of Sec. 90.203(j)(3). * * * * * \6\ Operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22 kHz bandwidth if the equipment meets the Adjacent Channel Power limits of Sec. 90.221. * * * * * 0 5. Section 90.210 is amended by revising paragraph (h)(5) to read as follows: Sec. 90.210 Emission masks. * * * * * (h) * * * (5) On any frequency removed from the center of the authorized bandwidth by more than 25 kHz: At least 43 + 10 log (P) dB. * * * * * 0 6. Section 90.523 is amended by revising paragraphs (a), (b) introductory text, (c), and (d) to read as follows: Sec. 90.523 Eligibility. * * * * * (a) State or local government entities. Any territory, possession, state, city, county, town, or similar State or local governmental entity is eligible to hold authorizations in the 769-775 MHz and 799- 805 MHz frequency bands. (b) Nongovernmental organizations. A nongovernmental organization (NGO) that provides services, the sole or principal purpose of which is to protect the safety of life, health, or property, is eligible to hold an authorization for a system operating in the 769-775 MHz and 799-805 MHz frequency bands for transmission or reception of [[Page 66833]] communications essential to providing such services if (and only for so long as) the NGO applicant/licensee: * * * * * (c) All NGO authorizations are conditional. NGOs assume all risks associated with operating under conditional authority. Authorizations issued to NGOs to operate systems in the 769-775 MHz and 799-805 MHz frequency bands include the following condition: If at any time the supporting governmental entity (see paragraph (b)(1) of this section) notifies the Commission in writing of such governmental entity's termination of its authorization of a NGO's operation of a system in the 769-775 MHz and 799-805 MHz frequency bands, the NGO's application shall be dismissed automatically or, if authorized by the Commission, the NGO's authorization shall terminate automatically. (d) Paragraphs (a) and (b) of this section notwithstanding, no entity is eligible to hold an authorization for a system operating in the 769-775 MHz and 799-805 MHz frequency bands on the basis of services, the sole or principal purpose of which is to protect the safety of life, health or property, that such entity makes commercially available to the public. * * * * * 0 7. Section 90.535(d) is revised to read as follows: Sec. 90.535 Modulation and spectrum usage efficiency requirements. * * * * * (d) Transmitters designed to operate on the channels listed in paragraphs (b)(2), (5), (6), and (7) of Sec. 90.531 must be capable of operating in the voice mode at an efficiency of at least one voice path per 12.5 kHz of spectrum bandwidth. 0 8. Section 90.548(c) is revised to read as follows: Sec. 90.548 Interoperability Technical Standards. * * * * * (c) Transceivers capable of operating on the interoperability channels listed in Sec. 90.531(b)(1) shall not be marketed or sold unless the transceiver has previously been certified for interoperability by the Compliance Assessment Program (CAP) administered by the U.S. Department of Homeland Security; provided, however, that this requirement is suspended if the CAP is discontinued. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. In the alternative, manufacturers may employ their own protocol for verifying compliance with Project 25 standards and determining that their product is interoperable among vendors. In the event that field experience reveals that a transceiver is not interoperable, the Commission may require the manufacturer thereof to provide evidence of compliance with this section. [FR Doc. 2016-22432 Filed 9-28-16; 8:45 am] BILLING CODE 6712-01-P
![66830 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
private insurers. In return, communities SFHAs for communities not listed no longer comply with the
agree to adopt and administer local participating in the NFIP and identified statutory requirements, and after the
floodplain management measures aimed for more than a year on FEMA’s initial effective date, flood insurance will no
at protecting lives and new construction FIRM for the community as having longer be available in the community
from future flooding. Section 1315 of flood-prone areas (section 202(a) of the unless remedial action takes place.
the National Flood Insurance Act of Flood Disaster Protection Act of 1973, Regulatory Classification. This final
1968, as amended, 42 U.S.C. 4022, 42 U.S.C. 4106(a), as amended). This rule is not a significant regulatory action
prohibits the sale of NFIP flood prohibition against certain types of under the criteria of section 3(f) of
insurance unless an appropriate public Federal assistance becomes effective for Executive Order 12866 of September 30,
body adopts adequate floodplain the community listed on the date shown 1993, Regulatory Planning and Review,
management measures with effective in the last column. The Administrator 58 FR 51735.
enforcement measures. The community finds that notice and public comment Executive Order 13132, Federalism.
listed in this document no longer meet procedures under 5 U.S.C. 553(b), are This rule involves no policies that have
that statutory requirement for impracticable and unnecessary because federalism implications under Executive
compliance with program regulations, the community listed in this final rule Order 13132.
44 CFR part 59. Accordingly, the has been adequately notified. In
Executive Order 12988, Civil Justice
community will be suspended on the accordance with 44 CFR 59.24(d), the
Reform. This rule meets the applicable
effective date in the third column. As of community received a 30-day
standards of Executive Order 12988.
that date, flood insurance will no longer notification letter addressed to the Chief
be available in the community. We Executive Officer stating that the Paperwork Reduction Act. This rule
recognize that this community may community will be suspended unless does not involve any collection of
adopt and submit the required the required floodplain management information for purposes of the
documentation of legally enforceable measures are met prior to the effective Paperwork Reduction Act, 44 U.S.C.
floodplain management measures after suspension date. Since these 3501 et seq.
this rule is published but prior to the notifications were made, this final rule List of Subjects in 44 CFR Part 64
actual suspension date. This community may take effect within less than 30 days.
will not be suspended and will continue National Environmental Policy Act. Flood insurance, Floodplains.
to be eligible for the sale of NFIP flood This rule is categorically excluded per Accordingly, 44 CFR part 64 is
insurance. A notice withdrawing the the requirements of FEMA Instruction amended as follows:
suspension of such communities will be 108–1–1 and DHS Instruction 023–01–
published in the Federal Register. 001–01. No environmental impact PART 64—[AMENDED]
In addition, FEMA published a Flood assessment has been prepared.
Insurance Rate Map (FIRM) that Regulatory Flexibility Act. The ■ 1. The authority citation for part 64
identifies the Special Flood Hazard Administrator has determined that this continues to read as follows:
Areas (SFHAs) in this community. The rule is exempt from the requirements of Authority: 42 U.S.C. 4001 et seq.;
date of the FIRM is indicated in the the Regulatory Flexibility Act because Reorganization Plan No. 3 of 1978, 3 CFR,
fourth column of the table. No direct the National Flood Insurance Act of 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Federal financial assistance (except 1968, as amended, Section 1315, 42 3 CFR, 1979 Comp.; p. 376.
assistance pursuant to the Robert T. U.S.C. 4022, prohibits flood insurance
§ 64.6 [Amended]
Stafford Disaster Relief and Emergency coverage unless an appropriate public
Assistance Act not in connection with a body adopts adequate floodplain ■ 2. The tables published under the
flood) may be provided for construction management measures with effective authority of § 64.6 are amended as
or acquisition of buildings in identified enforcement measures. The community follows:
Date certain
Community Effective date authorization/ Current effective Federal
State and location cancellation of sale of flood insurance assistance
No. map date
in community no longer available
in SHFAs
Region III
Virginia: Louisa County, Unincorporated 510092 March 1, 1972; Emergency; June 1, November 5, 1997. October 31, 2016.
Areas. 1989; Reg; October 31, 2016; Susp.
(Catalog of Federal Domestic Assistance No. FEDERAL COMMUNICATIONS ACTION: Final rule.
83.100, ‘‘Flood Insurance.’’) COMMISSION
Dated: September 16, 2016. SUMMARY: In this Order on
47 CFR Parts 2 and 90 Reconsideration, the Federal
Michael M. Grimm,
Assistant Administrator for Mitigation,
Communications Commission
Federal Insurance Mitigation Administration,
[PS Docket No. 13–87; PS Docket No. 06– (Commission) provides more flexibility
229, WT Docket No. 96–86, RM–11433 and to radio equipment manufacturers
Department of Homeland Security, Federal
RM- 11577, FCC 16–111]
mstockstill on DSK3G9T082PROD with RULES
Emergency Management Agency. interested in the marketing and sale of
[FR Doc. 2016–23459 Filed 9–28–16; 8:45 am] Service Rules Governing Narrowband 700 MHz equipment to public safety
BILLING CODE 9110–12–P Operations in the 769–775/799–805 agencies by revising the Commission’s
MHz Bands rules and providing more time for
interoperability testing of equipment
AGENCY:Federal Communications designed to operate on the 700 MHz
Commission. narrowband interoperability channels.
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![Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66833
communications essential to providing be interoperable across vendors before it Petitions for Reconsideration:
such services if (and only for so long as) is marketed or sold. In the alternative, Petitions for reconsideration of this final
the NGO applicant/licensee: manufacturers may employ their own rule must be received not later than
* * * * * protocol for verifying compliance with November 14, 2016.
(c) All NGO authorizations are Project 25 standards and determining ADDRESSES: Petitions for reconsideration
conditional. NGOs assume all risks that their product is interoperable of this final rule must refer to the docket
associated with operating under among vendors. In the event that field and notice number set forth above and
conditional authority. Authorizations experience reveals that a transceiver is be submitted to the Administrator,
issued to NGOs to operate systems in not interoperable, the Commission may National Highway Traffic Safety
the 769–775 MHz and 799–805 MHz require the manufacturer thereof to Administration, 1200 New Jersey
frequency bands include the following provide evidence of compliance with Avenue, SE., Washington, DC 20590.
condition: If at any time the supporting this section. FOR FURTHER INFORMATION CONTACT:
governmental entity (see paragraph [FR Doc. 2016–22432 Filed 9–28–16; 8:45 am] For technical issues: Mr. Hisham
(b)(1) of this section) notifies the BILLING CODE 6712–01–P Mohamed, Office of Consumer
Commission in writing of such Programs, NHTSA, 1200 New Jersey
governmental entity’s termination of its Avenue SE., West Building,
authorization of a NGO’s operation of a DEPARTMENT OF TRANSPORTATION Washington, DC 20590 (Telephone:
system in the 769–775 MHz and 799– (202) 366–0307) (Fax: (202) 493–2990).
805 MHz frequency bands, the NGO’s National Highway Traffic Safety For legal issues: Mr. Ryan Hagen,
application shall be dismissed Administration Office of the Chief Counsel, NHTSA,
automatically or, if authorized by the 1200 New Jersey Avenue SE., West
Commission, the NGO’s authorization 49 CFR Part 543 Building, Washington, DC 20590
shall terminate automatically. [Docket No. NHTSA–2014–0007] (Telephone: (202) 366–2992) (Fax: (202)
(d) Paragraphs (a) and (b) of this 366–3820).
section notwithstanding, no entity is RIN 2127–AL08
SUPPLEMENTARY INFORMATION:
eligible to hold an authorization for a
system operating in the 769–775 MHz Exemption From Vehicle Theft Table of Contents
and 799–805 MHz frequency bands on Prevention Standard
I. Executive Summary
the basis of services, the sole or AGENCY: National Highway Traffic II. Background
principal purpose of which is to protect Safety Administration (NHTSA), A. Effectiveness of Immobilizers in
the safety of life, health or property, that Department of Transportation (DOT). Reducing or Deterring Theft
such entity makes commercially ACTION: Final rule. B. U.S. Canada Regulatory Cooperation
available to the public. Council
SUMMARY: In this rulemaking action, C. Canadian Motor Vehicle Safety Standard
* * * * *
NHTSA is finalizing procedures for No. 114
■ 7. Section 90.535(d) is revised to read III. Proposed Rule
as follows: obtaining an exemption from the vehicle
IV. Overview of Comments
theft prevention standard for vehicles V. Response to Comments and Differences
§ 90.535 Modulation and spectrum usage equipped with immobilizers. Between the Final Rule and NPRM
efficiency requirements. An immobilizer is an anti-theft device VI. Costs, Benefits, and Compliance Date
* * * * * that combines microchip and VII. Regulatory Notices and Analyses
(d) Transmitters designed to operate transponder technology with engine and
fuel immobilizer components that can I. Executive Summary
on the channels listed in paragraphs
(b)(2), (5), (6), and (7) of § 90.531 must prevent vehicles from starting unless a This rulemaking action amends 49
be capable of operating in the voice verified code is received by the CFR part 543, Exemption from Vehicle
mode at an efficiency of at least one transponder. This final rule streamlines Theft Prevention Standard, by adding
voice path per 12.5 kHz of spectrum the exemption procedure for performance criteria for immobilizers.
bandwidth. immobilizer-equipped vehicles by The agency has granted many
■ 8. Section 90.548(c) is revised to read
adding performance criteria for exemptions from the theft prevention
as follows: immobilizers. The criteria, which standard to vehicle lines on the basis
roughly correlate with the types of that they were equipped with
§ 90.548 Interoperability Technical qualities for which petitioners have immobilizers. In support of petitions for
Standards. been submitting testing and technical these exemptions, manufacturers have
* * * * * design details under existing provided a substantial amount of data
(c) Transceivers capable of operating procedures, closely follow the seeking to demonstrate the effectiveness
on the interoperability channels listed immobilizer performance requirements of immobilizers in reducing motor
in § 90.531(b)(1) shall not be marketed in the anti-theft standard of Canada. vehicle theft.
or sold unless the transceiver has After this final rule, it would be The criteria, which roughly correlate
previously been certified for sufficient for a manufacturer seeking the with the types of qualities for which
interoperability by the Compliance exemption of some of its vehicles to petitioners have been submitting testing
Assessment Program (CAP) provide data showing that the device and technical design details under
administered by the U.S. Department of meets the performance criteria, as well existing procedures, use the same four
mstockstill on DSK3G9T082PROD with RULES
Homeland Security; provided, however, as a statement that the device is durable performance requirements from the
that this requirement is suspended if the and reliable. Adopting these Transport Canada standard. For those
CAP is discontinued. Submission of a performance criteria for immobilizers performance requirements, the
700 MHz narrowband radio for bring the U.S. anti-theft requirements Canadian standard also sets forth tests
certification will constitute a more into line with those of Canada. that manufacturers of vehicles to be sold
representation by the manufacturer that DATES: Effective Date: This rule is in Canada must certify to Canadian
the radio will be shown, by testing, to effective November 28, 2016. authorities that they have conducted.
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Document Created: 2016-09-29 04:14:45
Document Modified: 2016-09-29 04:14:45
| 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 September 29, 2016, except for Sec. Sec. 2.1033(c)(20) and 90.548(c), containing new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995, which will become effective after such approval, on the effective date specified in a notification that the Commission will publish in the Federal Register announcing such approval and effective date. | |
| Contact | John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected] | |
| FR Citation | 81 FR 66830 | |
| CFR Citation | 47
CFR
2 47 CFR 90 |
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