83 FR 19976 - Modification of Rules To Codify New Procedure for Non-Federal Public Safety Entities To License Federal Interoperability Channels
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 88 (May 7, 2018)
Federal Register Volume 83, Issue 88 (May 7, 2018)
| Page Range | 19976-19981 | |
| FR Document | 2018-08790 |
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)] [Rules and Regulations] [Pages 19976-19981] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08790] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 90 [DA 18-282] Modification of Rules To Codify New Procedure for Non-Federal Public Safety Entities To License Federal Interoperability Channels AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document adopts changes to the Commission's rules to conform them to a streamlining modification recently made by the National Telecommunications and Information Administration (NTIA). NTIA streamlined the coordination process which enables the Commission to grant licenses to non-federal public safety entities who seek to operate on forty federal government interoperability channels over which NTIA has jurisdiction. DATES: Effective June 6, 2018, except for the addition of Sec. 90.25, which contains a new information collection that requires review by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The FCC will publish a document in the Federal Register announcing the effective date of that rule section. FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0838. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, DA 18-282, released on March 22, 2018. The complete text of this document is 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 FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). The complete text of this document is also available on the Commission's website at http://www.fcc.gov. 1. NTIA designated forty channels for interoperability communications among federal agencies and between federal agencies and non-federal entities with which federal agencies have a requirement to interoperate. A non-federal public safety entity may communicate on the federal interoperability channels for joint federal/non-federal operations, provided it first obtains a license from the Commission authorizing use of the channels. 2. In September 2015, NTIA streamlined the process which enables non-federal agencies to obtain an FCC license to use the federal interoperability channels. Under the new process, the Statewide Interoperability Coordinator (SWIC) or state appointed official in each state is responsible for coordinating access to the federal interoperability channels by non-federal public safety entities. Each SWIC/official will sign an agreement with a federal user with a valid assignment. The agreement may specify which federal interoperability channels are available for use in a particular state or territory and establish the conditions for their use by non-federal public safety entities. 3. Once the federal-state agreement for a given state is signed, non-federal public safety entities in that state may file an application with the Commission to license the designated federal interoperability channels under the new streamlined process. Before filing with the Commission, a non-federal public safety entity seeking to license mobile and portable units on the federal government interoperability channels must first obtain written concurrence from its SWIC/official. The non-federal agency must then include a copy of the written concurrence with its license application to the Commission. 4. NTIA's streamlined process eliminates the need for non-federal public safety entities to obtain written certification from a federal government agency and for the Commission to refer applications for the federal interoperability channels to the Interdepartment Radio Advisory Committee's (IRAC) Frequency Assignment Subcommittee for approval. 5. On March 22, 2018, the Public Safety and Homeland Security Bureau and the Office of Engineering and Technology, on delegated authority, jointly released an Order amending Sec. Sec. 2.102(c)(4) and 90.173(c) and adopting new Sec. 90.25 in order to conform the Commission's rules to the new streamlined process established by NTIA. Procedural Matters A. Paperwork Reduction Act of 1995 Analysis 6. The requirement in new Sec. 90.25 that non-federal public safety agencies obtain written concurrence from the SWIC/official constitutes a new information collection 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 and public comment under section 3507(d) of the PRA. 7. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198 (see 44 U.S.C. 3506(c)(4)), the Commission's Public Safety and Homeland Security Bureau will seek specific comment on how it might further reduce the information collection burden for small business concerns with fewer than 25 employees. B. Congressional Review Act 8. The Commission will not send a copy of this Order pursuant to the Congressional Review Act, see 5 U.S.C. [[Page 19977]] 801(a)(1)(A), because the adopted rules are rules of agency organization, procedure, or practice that do not ``substantially affect the rights or obligations of non-agency parties. Ordering Clauses 9. Accordingly, it is ordered, pursuant to sections 4(i), 303(c) and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(c), and 332, this order is hereby adopted. 10. It is further ordered that the rules and requirements adopted herein will become effective June 6, 2018, except for new Sec. 90.25 that contains a new or modified information collection requirement that requires review by the OMB under the PRA. Section 90.25 will become effective after OMB review and approval, on the effective date specified in a notice that the Commission will publish in the Federal Register announcing such approval and effective date. 11. This action is taken under delegated authority pursuant to section 155(c) of the Communications Act of 1934, as amended, 47 U.S.C. 155(c) and Sec. Sec. 0.31, 0.191, 0.241, and 0.392 of the Commission's rules, 47 CFR 0.31, 0.191, 0.241, and 0.392. List of Subjects 47 CFR Part 2 Radio, Telecommunications. 47 CFR Part 90 Administrative practice and procedure, Radio. Federal Communications Commission. Lisa Fowlkes, Chief, Public Safety and Homeland Security Bureau. Final Rules 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, and 336, unless otherwise noted. 0 2. Amend Sec. 2.102 by revising paragraph (c) to read as follows: Sec. 2.102 Assignment of frequencies. * * * * * (c) Non-Federal stations may be authorized to use Federal frequencies in the bands above 25 MHz: (1) If the Commission finds, after consultations with the appropriate Federal agency or agencies, that such use is necessary for coordination of Federal and non-Federal activities. Such operations must meet the following requirements: (i) Non-Federal operation on Federal frequencies shall conform with the conditions agreed upon by the Commission and NTIA; (ii) Such operations shall be in accordance with NTIA rules governing the service to which the frequencies involved are allocated; (iii) Such operations shall not cause harmful interference to Federal stations and, should harmful interference result, that the interfering non-Federal operation shall immediately terminate; and (iv) Non-Federal operation has been certified as necessary by the Federal agency involved and this certification has been furnished, in writing, to the non-Federal licensee with which communication is required; or (2) Pursuant to the provisions of Sec. 90.25 of this chapter, provided that such operations shall not cause harmful interference to Federal stations and, should harmful interference result, that the interfering non-Federal operation shall immediately terminate. * * * * * 0 3. Amend Sec. 2.106 by revising pages 24 and 27 of the Table of Frequency Allocations, and by adding footnote US55 to the list of United States (US) Footnotes to read as follows: Sec. 2.106 Table of Frequency Allocations. * * * * * BILLING CODE 6712-01-P [[Page 19978]] [GRAPHIC] [TIFF OMITTED] TR07MY18.030 * * * * * [[Page 19979]] [GRAPHIC] [TIFF OMITTED] TR07MY18.031 BILLING CODE 6712-01-C * * * * * United States (US) Footnotes * * * * * US55 In the bands 162.0375-173.2 MHz and 406.1-420 MHz, the FCC may [[Page 19980]] authorize public safety applicants to use the 40 Federal Interoperability Channels that are designated for joint federal/non- federal operations for law enforcement, public safety, emergency response and disaster response in section 4.3.16 of the NTIA Manual, subject to the condition that that these non-Federal mobile (including portable) interoperability communications shall conform to the national plans specified therein, and in particular, shall not cause harmful interference to Federal stations. The procedure for authorizing such use is set forth in 47 CFR 90.25. * * * * * PART 90--PRIVATE LAND MOBILE RADIO SERVICES 0 4. 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 5. Add Sec. 90.25 to subpart B to read as follows. Sec. 90.25 Non-Federal Use of the Federal Interoperability Channels. The Commission may authorize non-Federal licensees to operate mobile and portable radio units on the frequencies listed below in Tables 1 and 2, provided the applicant includes with its application to the Commission, written concurrence from the Statewide Interoperability Coordinator (SWIC) or state appointed official stating that the application conforms to the agreement with a federal agency with a valid assignment from the National Telecommunications and Information Administration. Table 1--Law Enforcement Plans (MHz) -------------------------------------------------------------------------------------------------------------------------------------------------------- LE VHF plan LE UHF plan -------------------------------------------------------------------------------------------------------------------------------------------------------- Identifier Mobile transmit Mobile receive Identifier Mobile transmit Mobile receive -------------------------------------------------------------------------------------------------------------------------------------------------------- LEA................................ 167.0875 (S)............... 167.0875 LEB....................... 414.0375 (S).............. 414.0375 LE1................................ 162.0875................... 167.0875 LE10...................... 418.9875.................. 409.9875 LE2................................ 162.2625................... 167.2500 LE11...................... 419.1875.................. 410.1875 LE3................................ 162.8375................... 167.7500 LE12...................... 419.6125.................. 410.6125 LE4................................ 163.2875................... 168.1125 LE13...................... 414.0625 (S).............. 414.0625 LE5................................ 163.4250................... 168.4625 LE14...................... 414.3125 (S).............. 414.3125 LE6................................ 167.2500 (S)............... 167.2500 LE15...................... 414.3375 (S).............. 414.3375 LE7................................ 167.7500 (S)............... 167.7500 LE16...................... 409.9875 (S).............. 409.9875 LE8................................ 168.1125 (S)............... 168.1125 LE17...................... 410.1875 (S).............. 410.1875 LE9................................ 168.4625 (S)............... 168.4625 LE18...................... 410.6125 (S).............. 410.6125 -------------------------------------------------------------------------------------------------------------------------------------------------------- (S)--Simplex. Table 2--Incident Response Plans (MHz) -------------------------------------------------------------------------------------------------------------------------------------------------------- LE VHF Plan LE UHF Plan -------------------------------------------------------------------------------------------------------------------------------------------------------- Identifier Mobile transmit Mobile receive Identifier Mobile transmit Mobile receive -------------------------------------------------------------------------------------------------------------------------------------------------------- NC1 Calling........................ 164.7125................... 169.5375 NC2 Calling............... 419.2375.................. 410.2375 IR1................................ 165.2500................... 170.0125 IR10...................... 419.4375.................. 410.4375 IR2................................ 165.9625................... 170.4125 IR11...................... 419.6375.................. 410.6375 IR3................................ 166.5750................... 170.6875 IR12...................... 419.8375.................. 410.8375 IR4................................ 167.3250................... 173.0375 IR13...................... 413.1875 (S).............. 413.1875 IR5................................ 169.5375 (S)............... 169.5375 IR14...................... 413.2125 (S).............. 413.2125 IR6................................ 170.0125 (S)............... 170.0125 IR15...................... 410.2375 (S).............. 410.2375 IR7................................ 170.4125 (S)............... 170.4125 IR16...................... 410.4375 (S).............. 410.4375 IR8................................ 170.6875 (S)............... 170.6875 IR17...................... 410.6375 (S).............. 410.6375 IR9................................ 173.0375 (S)............... 173.0375 IR18...................... 410.8375 (S).............. 410.8375 -------------------------------------------------------------------------------------------------------------------------------------------------------- (S)--Simplex. [[Page 19981]] 0 6. Amend Sec. 90.173 by revising paragraph (c) to read as follows. Sec. 90.173 Policies governing the assignment of frequencies. * * * * * (c) Frequencies assigned to Federal Government radio stations by the National Telecommunications and Information Administration may be authorized under the provisions set forth in Sec. 2.102(c) of this chapter. [FR Doc. 2018-08790 Filed 5-4-18; 8:45 am] BILLING CODE 6712-01-P
![19976 Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
§ 180.920 Inert ingredients used pre-
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* * * * * * *
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[FR Doc. 2018–09649 Filed 5–4–18; 8:45 am] request materials in accessible formats must first obtain written concurrence
BILLING CODE 6560–50–P for people with disabilities (Braille, from its SWIC/official. The non-federal
large print, electronic files, audio agency must then include a copy of the
format), send an email to FCC504@ written concurrence with its license
FEDERAL COMMUNICATIONS fcc.gov or call the Consumer & application to the Commission.
COMMISSION Governmental Affairs Bureau at (202) 4. NTIA’s streamlined process
418–0530 (voice), (202) 418–0432 eliminates the need for non-federal
47 CFR Parts 2 and 90 (TTY). The complete text of this public safety entities to obtain written
document is also available on the certification from a federal government
[DA 18–282]
Commission’s website at http:// agency and for the Commission to refer
Modification of Rules To Codify New www.fcc.gov. applications for the federal
Procedure for Non-Federal Public 1. NTIA designated forty channels for interoperability channels to the
Safety Entities To License Federal interoperability communications among Interdepartment Radio Advisory
Interoperability Channels federal agencies and between federal Committee’s (IRAC) Frequency
agencies and non-federal entities with Assignment Subcommittee for approval.
AGENCY: Federal Communications which federal agencies have a 5. On March 22, 2018, the Public
Commission. requirement to interoperate. A non- Safety and Homeland Security Bureau
ACTION: Final rule. federal public safety entity may and the Office of Engineering and
communicate on the federal Technology, on delegated authority,
SUMMARY: This document adopts interoperability channels for joint jointly released an Order amending
changes to the Commission’s rules to federal/non-federal operations, provided §§ 2.102(c)(4) and 90.173(c) and
conform them to a streamlining it first obtains a license from the adopting new § 90.25 in order to
modification recently made by the Commission authorizing use of the conform the Commission’s rules to the
National Telecommunications and channels. new streamlined process established by
Information Administration (NTIA). 2. In September 2015, NTIA NTIA.
NTIA streamlined the coordination streamlined the process which enables
process which enables the Commission Procedural Matters
non-federal agencies to obtain an FCC
to grant licenses to non-federal public license to use the federal A. Paperwork Reduction Act of 1995
safety entities who seek to operate on interoperability channels. Under the Analysis
forty federal government new process, the Statewide
interoperability channels over which 6. The requirement in new § 90.25
Interoperability Coordinator (SWIC) or that non-federal public safety agencies
NTIA has jurisdiction. state appointed official in each state is obtain written concurrence from the
DATES: Effective June 6, 2018, except for responsible for coordinating access to SWIC/official constitutes a new
the addition of § 90.25, which contains the federal interoperability channels by information collection subject to the
a new information collection that non-federal public safety entities. Each Paperwork Reduction Act of 1995
requires review by the Office of SWIC/official will sign an agreement (PRA), Public Law 104–13. It will be
Management and Budget under the with a federal user with a valid submitted to the Office of Management
Paperwork Reduction Act of 1995. The assignment. The agreement may specify and Budget (OMB) for review and
FCC will publish a document in the which federal interoperability channels public comment under section 3507(d)
Federal Register announcing the are available for use in a particular state of the PRA.
effective date of that rule section. or territory and establish the conditions 7. In addition, pursuant to the Small
FOR FURTHER INFORMATION CONTACT: for their use by non-federal public safety Business Paperwork Relief Act of 2002,
Brian Marenco, Policy and Licensing entities. Public Law 107–198 (see 44 U.S.C.
Division, Public Safety and Homeland 3. Once the federal-state agreement for 3506(c)(4)), the Commission’s Public
Security Bureau, (202) 418–0838. a given state is signed, non-federal Safety and Homeland Security Bureau
SUPPLEMENTARY INFORMATION: This is a public safety entities in that state may will seek specific comment on how it
summary of the Commission’s Order, file an application with the Commission might further reduce the information
DA 18–282, released on March 22, 2018. to license the designated federal
daltland on DSKBBV9HB2PROD with RULES
collection burden for small business
The complete text of this document is interoperability channels under the new concerns with fewer than 25 employees.
available for inspection and copying streamlined process. Before filing with
during normal business hours in the the Commission, a non-federal public B. Congressional Review Act
FCC Reference Information Center, safety entity seeking to license mobile 8. The Commission will not send a
Portals II, 445 12th Street SW, Room and portable units on the federal copy of this Order pursuant to the
CY–A257, Washington, DC 20554. To government interoperability channels Congressional Review Act, see 5 U.S.C.
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![Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations 19981
■ 6. Amend § 90.173 by revising overfishing, overfished, or both. The U.S.C. 1854(e) and (i)) for making
paragraph (c) to read as follows. changes to the Council’s biennial recommendations for domestic
management cycle activities and the regulations and international measures
§ 90.173 Policies governing the schedule are intended to better when stocks are determined to be
assignment of frequencies.
streamline international and domestic overfished or subject to overfishing.
* * * * * management processes for HMS. This Additionally, this rule would ensure
(c) Frequencies assigned to Federal rule is administrative in nature and is that the meeting schedule is not
Government radio stations by the not expected to affect activities codified in regulations, thus allowing
National Telecommunications and authorized under the FMP or harvest the Council to make changes to the
Information Administration may be levels of HMS. schedule for its meetings in the biennial
authorized under the provisions set DATES: This rule is effective June 6, management cycle, consistent with the
forth in § 2.102(c) of this chapter. 2018. HMS FMP, without needing to seek a
[FR Doc. 2018–08790 Filed 5–4–18; 8:45 am] change in the regulatory language.
ADDRESSES: Copies of the Amendment
BILLING CODE 6712–01–P Allowing the Council to make this type
4, the Regulatory Impact Review (RIR)
and other supporting documents are of adjustment without seeking a
available via the Federal eRulemaking regulatory change improves the
DEPARTMENT OF COMMERCE Portal: http://www.regulations.gov, efficiency with which future changes to
docket NOAA–NMFS–2017–0138, or the biennial management cycle can be
National Oceanic and Atmospheric contact Amber Rhodes, NMFS West implemented.
Administration Coast Region, 562–980–3231, Content of Regulations
Amber.Rhodes@noaa.gov or Heidi This rule amends 50 CFR 660.709 to
50 CFR Part 660 Taylor, NMFS West Coast Region, 562– remove a specific schedule for the
[Docket No. 171026999–8408–02] 980–4039, Heidi.Taylor@noaa.gov. Council’s biennial management cycle
FOR FURTHER INFORMATION CONTACT: (i.e., during June, September, and
RIN 0648–BH36
Amber Rhodes, NMFS, 562–980–3231, November Council meetings) from
Fisheries Off West Coast States; Amber.Rhodes@noaa.gov or Heidi codified text and replace it with a
Highly Migratory Fisheries; Taylor, NMFS, 562–980–4039, reference to a biennial management
Amendment 4 to Fishery Management Heidi.Taylor@noaa.gov. cycle schedule specified in the FMP
Plan for West Coast Highly Migratory SUPPLEMENTARY INFORMATION: (i.e., during September, November, and
Species Fisheries; Revisions to the Background March Council meetings under
Biennial Management Cycle Amendment 4). Thus, future schedule
In a January 23, 2018, Notice of changes to the Council’s biennial
AGENCY: National Marine Fisheries Availability (83 FR 3108), NMFS management cycle will not require a
Service (NMFS), National Oceanic and announced that the Council submitted rulemaking. The rule also provides the
Atmospheric Administration (NOAA), Amendment 4 to the Secretary of Council’s Science and Statistical
Commerce. Commerce for approval, and requested Committee greater discretion over
ACTION: Final rule. comments on Amendment 4. The 60- whether to review, and make
day public comment period ended on recommendations on, the estimates in
SUMMARY: Based on recommendations March 26, 2018. NMFS approved the annual stock assessment and fishery
from the Pacific Fishery Mangement Amendment 4 to the HMS FMP on April evaluation report.
Council (Council), NMFS is issuing 24, 2018. NMFS did not make any changes in
regulations under the Magnuson- On February 27, 2018, NMFS this final rule to the regulatory text of
Stevens Fishery Conservation and published a proposed rule in the the proposed rule.
Management Act (MSA) to implement Federal Register (83 FR 8414) to
Amendment 4 to the Fishery implement Amendment 4 by revising Public Comments and Responses
Management Plan for U.S. West Coast regulations at 50 CFR 660.709 A total of 13 comments were received
Highly Migratory Species (HMS FMP). contingent upon approval of in response to either the Notice of
The intent of Amendment 4 is to bring Amendment 4. The proposed rule Availability for the Amendment or the
descriptions of the management context contains additional background proposed rule. All comments remarked
for HMS fisheries up to date, to better information on Amendment 4. The 45- solely on issues beyond the scope of the
describe the Council’s role in the day public comment period for the proposed rule and lacked any specific
process of making stock status proposed rule closed on April 13, 2018. remarks on NMFS’ decision to approve,
determinations for highly migratory Amendment 4 is intended to better disapprove, or partially approve the
species (HMS), including the Council’s align the Council’s biennial amendment. Because 10 of the
evaluations of the best scientific management cycle for HMS with the comments contained inappropriate
information available (BSIA), and to timing of international stock content, NMFS made only three of the
change the schedule of the Council’s assessments and stock status comments available on the Federal
three-meeting biennial management determinations for these species. The eRulemaking Portal (see ADDRESSES).
cycle for HMS stocks. This rule updates changes to the current biennial
and amends the descriptions of biennial management cycle included in Classification
management cycle activities in the Amendment 4 and implemented by this The Administrator of the West Coast
regulations for the HMS FMP to allow rule would allow the Council to Region, NMFS, determined that
daltland on DSKBBV9HB2PROD with RULES
the Council to shift the schedule of streamline domestic and international Amendment 4 to the HMS FMP and this
Council meetings for the consideration management activities, such as stock final rule are necessary for the
of HMS stock status updates and assessment and biological reference conservation and management of U.S.
management recommendations in point reviews, and to better align West Coast HMS fisheries and are
response to instances in which a stock schedules to meet statutory timelines in consistent with the MSA and other
or stocks is determined to be subject to section 304(e) and (i) of the MSA (16 applicable laws.
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Document Created: 2018-05-05 02:48:04
Document Modified: 2018-05-05 02:48:04
| 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 6, 2018, except for the addition of Sec. 90.25, which contains a new information collection that requires review by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The FCC will publish a document in the Federal Register announcing the effective date of that rule section. | |
| Contact | Brian Marenco, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0838. | |
| FR Citation | 83 FR 19976 | |
| CFR Citation | 47
CFR
2 47 CFR 90 | |
| CFR Associated | Radio; Telecommunications and Administrative Practice and Procedure |
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