**DA 07-2518**

**Released: June 12, 2007**

**OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE OHMART VEGA CORP.
REQUEST FOR WAIVER TO BE A "PERMIT-BUT-DISCLOSE" PROCEEDING FOR *EX
PARTE* PURPOSES AND REQUESTS COMMENTS**

**ET Docket No. 07-96**

**Comments Date: July 12, 2007**

**Reply Comments Date: July 27, 2007**

On April 30, 2007, Ohmart Vega Corp. (Ohmart) filed a request for waiver
of the spurious emissions only requirement of Part 15 of the
Commission's rules to permit certification of a tank level probing radar
(TLPR). Section 15.205(a) limits emissions in the 77-81 GHz band to
spurious emissions only. Ohmart's request would permit certification of
a TLPR using either frequency modulated continuous wave RF carrier
(FMCW) or short pulses of RF energy in the 77-81 GHz frequency band for
use in closed storage tanks. Bench testing and *in situ* measurements of
emissions outside the tank would be required in order to determine
compliance with the general emissions limits in Section 15.209(a).

In order to develop a complete record on the issues presented by the
waiver and petition for rulemaking the proceeding will be treated, for
*ex parte* purposes, as a \"permit-but-disclose\" proceeding, in
accordance with Section 1.1200(a) of the Commission\'s rules, and is
subject to the requirements under Section 1.1206(b) of the rules.

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR
§§ 1.415, 1.419, interested parties may file comments and reply comments
on or before the dates indicated on the first page of this document.
Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. *See Electronic Filing of Documents in
Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers should include their full name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. Parties may also submit an electronic comment by
        Internet e-mail. To get filing instructions, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail must be
    addressed to 445 12^th^ Street, SW, Washington DC 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

The full text of the waiver request is available for inspection and
copying during normal business hours in Room CY-A257, 445 12^th^ Street,
SW, Washington, D.C., and may also be purchased from the Commission\'s
duplication contractor, Best Copy and Printing, Inc., (800) 378-3160.

By the Chief, Office of Engineering and Technology

Office of Engineering and Technology contact: Anh Wride at (202)
418-0577.