82 FR 31270 - Amendment of the Commission's Rules To Enable Railroad Police Officers To Access Public Safety Interoperability and Mutual Aid Channels

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range		31270-31271
FR Document		2017-14163

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Report and Order (Order)'s rules enabling railroad police access to public safety interoperability channels. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)

[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31270-31271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14163]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 15-199; FCC 16-113]


Amendment of the Commission's Rules To Enable Railroad Police 
Officers To Access Public Safety Interoperability and Mutual Aid 
Channels

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Report and 
Order (Order)'s rules enabling railroad police access to public safety 
interoperability channels. This document is consistent with the Order, 
which stated that the Commission would publish a document in the 
Federal Register announcing the effective date of those rules.

DATES: The amendments to 47 CFR 90.20(a)(2)(xiv) published at 81 FR 
66538, September 28, 2016, are effective July 6, 2017.

FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-
0848, or email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on June 8, 
2017, OMB approved, for a period of three years, the information 
collection requirements relating to the public safety pool eligibility 
rules contained in the Commission's Order, FCC 16-113, published at 81 
FR 66538, September 28, 2016. The OMB Control Number is 3060-1231. The 
Commission publishes this document as an announcement of the effective 
date of the rules. If you have any comments on the burden estimates 
listed below, or how the Commission can improve the collections and 
reduce any burdens caused thereby, please contact Nicole Ongele, 
Federal Communications Commission, Room 1-A620, 445 12th Street SW., 
Washington, DC 20554. Please include the OMB Control Number, 3060-1231, 
in your correspondence. The Commission will also accept your comments 
via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@

[[Page 31271]]

fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 
418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on June 8, 2017, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR part 
90.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1231.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1231.
    OMB Approval Date: June 8, 2017.
    OMB Expiration Date: June 30, 2020.
    Title: Section 90.20 (xiv), Public Safety Pool.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, and state, 
local, or tribal government.
    Number of Respondents and Responses: 1,526 respondents; 1,526 
responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: One-time; on occasion reporting requirement 
and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in sections 1, 
2, 4(i), 4(j), 301, 303, 316, and 337 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 303, 316, 
and 337.
    Total Annual Burden: 1,526 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act: No impact(s).
    Needs and Uses: On August, 23, 2016, the Federal Communications 
Commission released a Report and Order, FCC 16-113, PS Docket No. 15-
199 (see attached) that modified part 90 of the Rules Private Land 
Mobile Radio Services. The amended rule revises the part 90 eligibility 
rules to permit railroad police officers to access the 
interoperability. Specifically, the Commission modified Sec.  
90.20(a)(2)(xiv) to provide that:
    1. Railroad police officers are a class of users eligible to 
operate on the nationwide interoperability and mutual aid channels 
listed in Sec.  90.20(i) provided their employer holds a Private Land 
Mobile Radio (PLMR) license of any radio category, including 
Industrial/Business (I/B). Eligible users include full and part time 
railroad police officers, Amtrak employees who qualify as railroad 
police officers under this subsection, Alaska Railroad employees who 
qualify as railroad police officers under this subsection, freight 
railroad employees who qualify as railroad police officers under this 
subsection, and passenger transit lines police officers who qualify as 
railroad police officers under this subsection. Railroads and railroad 
police departments may obtain licenses for the nationwide 
interoperability and mutual aid channels on behalf of railroad police 
officers in their employ. Employers of railroad police officers must 
obtain concurrence from the relevant state interoperability coordinator 
or regional planning committee before applying for a license to the 
Federal Communications Commission or operating on the interoperability 
and mutual aid channels.
     Railroad police officer means a peace officer who is 
commissioned in his or her state of legal residence or state of primary 
employment and employed, full or part time, by a railroad to enforce 
state laws for the protection of railroad property, personnel, 
passengers, and/or cargo.
     Commissioned means that a state official has certified or 
otherwise designated a railroad employee as qualified under the 
licensing requirements of that state to act as a railroad police 
officer in that state.
     Property means rights-of-way, easements, appurtenant 
property, equipment, cargo, facilities, and buildings and other 
structures owned, leased, operated, maintained, or transported by a 
railroad.
     Railroad means each class of freight railroad (i.e., Class 
I, II, III); Amtrak, Alaska Railroad, commuter railroads and passenger 
transit lines.
     The word state, as used herein, encompasses states, 
territories and the District of Columbia.
    2. Eligibility for licensing on the 700 MHz narrowband 
interoperability channels is restricted to entities that have as their 
sole or principal purpose the provision of public safety services.
    To effectively implement the provisions of the new Rule, no other 
modifications to existing FCC rules are required. The changes are 
intended to simplify the licensing process for railroad police officers 
and ensure interoperable communications. The modified rules provide a 
benefit to public safety licensees by ensuring that only railroad 
police officers with appropriate governmental authorization can operate 
on the interoperability and mutual aid channels during emergencies. 
This will provide the additional benefit of promoting interoperability 
with railroad police officers by eliminating eligibility as a gating 
factor when licensing spectrum. The Report and Order reduces the burden 
on railroad police by allowing them to meet eligibility standard by 
requiring employers of railroad police officers to obtain concurrence 
from the relevant state interoperability coordinator or regional 
planning committee before applying for a license to the Federal 
Communications Commission or operating on the interoperability and 
mutual aid channels. Compliance with this requirement is already a 
requisite for public safety eligibility to use the interoperability and 
mutual aid channels, consequently any new burden imposed by this 
requirement would be minimal.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-14163 Filed 7-5-17; 8:45 am]
BILLING CODE 6712-01-P

31270 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

protected property rights. This Effects on the Energy Supply (E.O. FEDERAL COMMUNICATIONS
supplementary rule does not address 13211) COMMISSION
property rights in any form, and does
This rule is not a significant energy 47 CFR Part 90
not cause the impairment of anybody’s
action under the definition in Executive
property rights. A takings implication Order 13211. A Statement of Energy [PS Docket No. 15–199; FCC 16–113]
assessment is not required. Effects is not required.
Amendment of the Commission’s
Executive Order 13132, Federalism Final Supplementary Rule Rules To Enable Railroad Police
Under the criteria in section 1 of Author Officers To Access Public Safety
Executive Order 13132, this rule does Interoperability and Mutual Aid
not have sufficient federalism The principal author of this Channels
implications to warrant the preparation supplementary rule is Christina Price,
Field Manager for the Moab Field AGENCY: Federal Communications
of a federalism summary impact Commission.
Office, Utah. For the reasons stated in
statement. This supplementary rule will ACTION: Final rule; announcement of
the preamble, and under the authority
not have a substantial direct effect on effective date.
for supplementary rules at 43 U.S.C.
the states, on the relationship between
1740 and 43 CFR 8365.1–6, the Utah
the Federal government and the states, SUMMARY: In this document, the
State Director, BLM, establishes a
or on the distribution of power and Commission announces that the Office
supplementary rule for public lands
responsibilities among the various of Management and Budget (OMB) has
managed by the BLM in Utah, to read
levels of government. A federalism approved, for a period of three years, the
as follows:
summary impact statement is not information collection associated with
required. Definitions the Commission’s Report and Order
(Order)’s rules enabling railroad police
Executive Order 12988, Civil Justice Roped activities means activities that access to public safety interoperability
Reform involve the use of ropes, cables, channels. This document is consistent
climbing aids, webbing, or anchors, and with the Order, which stated that the
This rule complies with the includes, but is not limited to, zip- Commission would publish a document
requirements of Executive Order 12988. lining, high-lining, slack-lining, in the Federal Register announcing the
Specifically, this rule: traditional rock climbing, sport rock effective date of those rules.
(a) Meets the criteria of section 3(a) climbing, rappelling, and swinging.
DATES: The amendments to 47 CFR
requiring that all regulations be Prohibited Acts 90.20(a)(2)(xiv) published at 81 FR
reviewed to eliminate errors and 66538, September 28, 2016, are effective
ambiguity and be written to minimize You must not participate in any roped
activities on public lands in the vicinity July 6, 2017.
litigation; and FOR FURTHER INFORMATION CONTACT: John
of Corona Arch or Gemini Bridges. This
(b) Meets the criteria of section 3(b)(2) prohibition includes, but is not limited A. Evanoff, Policy and Licensing
requiring that all regulations be written to, the use of ropes, cables, climbing Division, Public Safety and Homeland
in clear language and contain clear legal aids, webbing, anchors, and similar Security Bureau, at (202) 418–0848, or
standards. devices. email: john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This
Executive Order 13175, Consultation Exemptions document announces that, on June 8,
and Coordination With Indian Tribal
The following persons are exempt 2017, OMB approved, for a period of
Governments
from this supplementary rule: Any three years, the information collection
The Department of the Interior strives Federal, State, or local government requirements relating to the public
to strengthen its government-to- officer or employee in the scope of their safety pool eligibility rules contained in
government relationship with Indian duties; members of any organized law the Commission’s Order, FCC 16–113,
tribes through a commitment to enforcement, rescue, or firefighting force published at 81 FR 66538, September
consultation with Indian tribes and in performance of an official duty; and 28, 2016. The OMB Control Number is
recognition of their right to self- any persons, agencies, municipalities or 3060–1231. The Commission publishes
governance and tribal sovereignty. We companies whose activities are this document as an announcement of
have evaluated this rule under the authorized in writing by the BLM. the effective date of the rules. If you
Department’s consultation policy and have any comments on the burden
Penalties estimates listed below, or how the
under the criteria in Executive Order
Any person who violates this Commission can improve the
13175 and have determined that it has
supplementary rule may be tried before collections and reduce any burdens
no substantial direct effects on federally
a United States Magistrate and fined in caused thereby, please contact Nicole
recognized Indian tribes and that
accordance with 18 U.S.C. 3571, Ongele, Federal Communications
consultation under the Department’s
imprisoned no more than 12 months Commission, Room 1–A620, 445 12th
tribal consultation policy is not Street SW., Washington, DC 20554.
required. under 43 U.S.C. 1733(a) and 43 CFR
8360.0–7, or both. In accordance with Please include the OMB Control
Paperwork Reduction Act 43 CFR 8365.1–7, State or local officials Number, 3060–1231, in your
jstallworth on DSK7TPTVN1PROD with RULES

may also impose penalties for violations correspondence. The Commission will
This supplementary rule does not of Utah law. also accept your comments via email at
contain information collection PRA@fcc.gov.
requirements that the Office of Edwin L. Roberson, To request materials in accessible
Management and Budget must approve State Director. formats for people with disabilities
under the Paperwork Reduction Act, 44 [FR Doc. 2017–13891 Filed 7–5–17; 8:45 am] (Braille, large print, electronic files,
U.S.C. 3501 et seq. BILLING CODE 4310–DQ–P audio format), send an email to fcc504@

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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations 31271

fcc.gov or call the Consumer and part 90 eligibility rules to permit To effectively implement the
Governmental Affairs Bureau at (202) railroad police officers to access the provisions of the new Rule, no other
418–0530 (voice), (202) 418–0432 interoperability. Specifically, the modifications to existing FCC rules are
(TTY). Commission modified § 90.20(a)(2)(xiv) required. The changes are intended to
to provide that: simplify the licensing process for
Synopsis 1. Railroad police officers are a class railroad police officers and ensure
As required by the Paperwork of users eligible to operate on the interoperable communications. The
Reduction Act of 1995 (44 U.S.C. 3507), nationwide interoperability and mutual modified rules provide a benefit to
the FCC is notifying the public that it aid channels listed in § 90.20(i) public safety licensees by ensuring that
received final OMB approval on June 8, provided their employer holds a Private only railroad police officers with
2017, for the information collection Land Mobile Radio (PLMR) license of appropriate governmental authorization
requirements contained in the any radio category, including Industrial/ can operate on the interoperability and
modifications to the Commission’s rules Business (I/B). Eligible users include mutual aid channels during
in 47 CFR part 90. full and part time railroad police emergencies. This will provide the
Under 5 CFR part 1320, an agency officers, Amtrak employees who qualify additional benefit of promoting
may not conduct or sponsor a collection as railroad police officers under this interoperability with railroad police
of information unless it displays a subsection, Alaska Railroad employees officers by eliminating eligibility as a
current, valid OMB Control Number. who qualify as railroad police officers gating factor when licensing spectrum.
No person shall be subject to any under this subsection, freight railroad The Report and Order reduces the
penalty for failing to comply with a employees who qualify as railroad burden on railroad police by allowing
collection of information subject to the police officers under this subsection, them to meet eligibility standard by
Paperwork Reduction Act that does not and passenger transit lines police requiring employers of railroad police
display a current, valid OMB Control officers who qualify as railroad police officers to obtain concurrence from the
Number. The OMB Control Number is officers under this subsection. Railroads relevant state interoperability
3060–1231. and railroad police departments may coordinator or regional planning
The foregoing notice is required by obtain licenses for the nationwide committee before applying for a license
the Paperwork Reduction Act of 1995, interoperability and mutual aid to the Federal Communications
Public Law 104–13, October 1, 1995, channels on behalf of railroad police Commission or operating on the
and 44 U.S.C. 3507. officers in their employ. Employers of interoperability and mutual aid
The total annual reporting burdens railroad police officers must obtain channels. Compliance with this
and costs for the respondents are as concurrence from the relevant state requirement is already a requisite for
follows: interoperability coordinator or regional public safety eligibility to use the
OMB Control Number: 3060–1231. planning committee before applying for interoperability and mutual aid
OMB Approval Date: June 8, 2017. a license to the Federal channels, consequently any new burden
OMB Expiration Date: June 30, 2020. Communications Commission or imposed by this requirement would be
Title: Section 90.20 (xiv), Public operating on the interoperability and minimal.
Safety Pool. mutual aid channels.
Form Number: N/A. • Railroad police officer means a Federal Communications Commission.
Respondents: Business or other for- peace officer who is commissioned in Marlene H. Dortch,
profit entities, and state, local, or tribal his or her state of legal residence or state Secretary, Office of the Secretary.
government. of primary employment and employed, [FR Doc. 2017–14163 Filed 7–5–17; 8:45 am]
Number of Respondents and full or part time, by a railroad to enforce BILLING CODE 6712–01–P
Responses: 1,526 respondents; 1,526 state laws for the protection of railroad
responses. property, personnel, passengers, and/or
Estimated Time per Response: 1 hour. cargo.
Frequency of Response: One-time; on • Commissioned means that a state SURFACE TRANSPORTATION BOARD
occasion reporting requirement and official has certified or otherwise
third party disclosure requirement. 49 CFR Part 1300
designated a railroad employee as
Obligation to Respond: Required to qualified under the licensing
obtain or retain benefits. Statutory [Docket No. EP 528 (Sub-No. 1); Docket No.
requirements of that state to act as a EP 665 (Sub-No. 1)]
authority for these collections are railroad police officer in that state.
contained in sections 1, 2, 4(i), 4(j), 301, • Property means rights-of-way, Publication Requirements for
303, 316, and 337 of the easements, appurtenant property, Agricultural Products; Rail
Communications Act of 1934, as equipment, cargo, facilities, and Transportation of Grain, Rate
amended, 47 U.S.C. 151, 152, 154(i), buildings and other structures owned, Regulation Review
154(j), 301, 303, 316, and 337. leased, operated, maintained, or
Total Annual Burden: 1,526 hours. transported by a railroad. AGENCY: Surface Transportation Board.
Total Annual Cost: None. • Railroad means each class of freight ACTION: Final rule.
Nature and Extent of Confidentiality: railroad (i.e., Class I, II, III); Amtrak,
There is no need for confidentiality with Alaska Railroad, commuter railroads SUMMARY: The Surface Transportation
this collection of information. and passenger transit lines. Board (Board) is adopting final rules
Privacy Act: No impact(s). • The word state, as used herein, amending its regulations on the
jstallworth on DSK7TPTVN1PROD with RULES

Needs and Uses: On August, 23, 2016, encompasses states, territories and the publication of rate and service terms for
the Federal Communications District of Columbia. agricultural products and fertilizer. The
Commission released a Report and 2. Eligibility for licensing on the 700 Board also denies a petition for
Order, FCC 16–113, PS Docket No. 15– MHz narrowband interoperability reconsideration of the Board’s policy
199 (see attached) that modified part 90 channels is restricted to entities that statement regarding aggregation of
of the Rules Private Land Mobile Radio have as their sole or principal purpose claims and standing issues as they relate
Services. The amended rule revises the the provision of public safety services. to rate complaint procedures.

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Document Created: 2017-07-06 01:04:54
Document Modified: 2017-07-06 01:04:54

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; announcement of effective date.
Dates		The amendments to 47 CFR 90.20(a)(2)(xiv) published at 81 FR 66538, September 28, 2016, are effective July 6, 2017.
Contact		John A. Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418- 0848, or email: [email protected]
FR Citation		82 FR 31270