Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 17347 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this determination that 

the Clark County ozone nonattainment 

area has attained the 1997 8-hour ozone 

NAAQS does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 31, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 15, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–7221 Filed 3–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Revision to the California State 

Implementation Plan, Great Basin 

Unified Air Pollution Control District 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 52 (§§ 52.01 to 

52.1018), revised as of July 1, 2010, on 

page 252, in § 52.220, paragraph 

(c)(345)(i)(D) is added to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(345) * * * 

(i) * * * 

(D) Great Basin Unified Air Pollution 

Control District 

(1) Rule 201, ‘‘Exemptions,’’ adopted 

on September 5, 1974 and revised on 

January 23, 2006. 

* * * * * 

[FR Doc. 2011–7432 Filed 3–28–11; 8:45 am] 

BILLING CODE 1505–01–D 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2522 

Americorps Participants, Programs, 

and Applicants 

CFR Correction 

In Title 45 of the Code of Federal 

Regulations, Part 1200 to End, revised as 

of October 1, 2010, on page 674, in 

§ 2522.910, paragraph (b)(1)(ii) is 

removed. 

[FR Doc. 2011–7439 Filed 3–28–11; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2 and 87 

[WT Docket No. 01–289; FCC 10–103] 

Aviation Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) addresses a 

number of important issues pertaining 

to the Aviation Radio Services, 

amending its rules in the interest of 

accommodating the communications 

needs of the aviation community to the 

greatest possible extent, and ensuring 

that aeronautical spectrum is used 

efficiently to enhance the safety of 

flight. 

DATES: Effective May 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Tobias, Jeff.Tobias@FCC.gov, 

Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

1617, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Third 

Report and Order (Third R&O), in WT 

Docket No. 01–289, FCC 10–103, 

adopted on June 1, 2010, and released 

on June 15, 2010. Contemporaneous 

with this document, the Commission 

issues an Order that stays a rule that 

was adopted in the Third R&O 

(published elsewhere in this 

publication). The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Center, 445 

12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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Washington, DC 20554. The full text 

may also be downloaded at: http:// 

www.fcc.gov. Alternative formats are 

available to persons with disabilities by 

sending an e-mail to fcc504@fcc.gov or 

by calling the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

1. The Third Report and Order 

addresses issues raised in the Second 

Further Notice of Proposed Rule Making 

(Second FNPRM) in this WT Docket No. 

01–289 proceeding. The Commission 

takes the following significant actions in 

the Third R&O: (i) Deletes the secondary 

allocation of the 117.975–136 MHz 

aeronautical frequency band for 

Aeronautical Mobile Satellite (Route) 

Service (AMS(R)S); (ii) permits the use 

of 8.33 kHz channel spacing in the 

aeronautical enroute service and by 

flight test stations; (iii) removes one of 

the four frequencies designated for 

Flight Information Services—Broadcast 

(FIS–B); (iv) permits the use of specified 

frequencies for air-to-air 

communications in Hawaii; (v) permits 

the use of specified frequencies for airto-air communications in the Los 

Angeles area; (vi) clarifies the 

applicability of the one-unicom-perairport rule; and (vii) permits the filing 

of applications to assign or transfer 

control of aircraft station licenses. In 

addition in this Third R&O, the 

Commission adopts a rule prohibiting 

the certification, manufacture, 

importation, sale, or continued use of 

121.5 MHz emergency locator 

transmitters (ELTs) other than the 

Breitling Emergency Watch ELT, but, in 

a separate order, the Commission stays 

the effective date of this rule 

indefinitely. 

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

2. The Third R&O does not contain 

any new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. Neither, 

does it contain any new or modified 

‘‘information collection burden for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Report to Congress 

3. The Commission will send a copy 

of this Third R&O in a report to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

C. Final Regulatory Flexibility Analysis 

4. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Second FNPRM in this proceeding. The 

Commission sought written public 

comment on the proposals in the 

Second FNPRM, including comment on 

the IRFA. This present Final Regulatory 

Flexibility Analysis (FRFA) conforms to 

the RFA. 

Need for, and Objectives of, the Third 

Report and Order 

5. The rules adopted in the Third R&O 

are intended to ensure that the 

Commission’s part 87 rules governing 

the Aviation Radio Service remain upto-date and continue to further the 

Commission’s goals of accommodating 

new technologies, facilitating the 

efficient and effective use of the 

aeronautical spectrum, avoiding 

unnecessary regulation, and, above all, 

enhancing the safety of flight. 

Specifically, in the Third R&O, the 

Commission (a) deletes the secondary 

allocation of the 117.975–136 MHz 

aeronautical frequency band for 

Aeronautical Mobile Satellite (Route) 

Service (AMS(R)S); (b) permits the use 

of 8.33 kHz channel spacing in the 

aeronautical enroute service and by 

flight test stations; (c) removes one of 

the four frequencies designated for 

Flight Information Services—Broadcast 

(FIS–B); (d) permits the use of specified 

frequencies for air-to-air 

communications in Hawaii; (e) permits 

the use of specified frequencies for airto-air communications in the Los 

Angeles area; (f) clarifies the 

applicability on the one-unicom-perairport rule; (g) permits the filing of 

applications to assign or transfer aircraft 

station licenses; and (h) prohibits the 

certification, manufacture, importation, 

sale, or continued use of 121.5 MHz 

emergency locator transmitters (ELTs) 

other than the Breitling Emergency 

Watch ELT. In a separate order, the 

Commission stays the effective date of 

the rule prohibiting the certification, 

manufacture, importation, sale, or 

continued use of 121.5 MHz ELTs. 

Summary of Significant Issues Raised by 

Public Comments in Response to the 

IRFA 

6. No comments were submitted 

specifically in response to the IRFA. 

Nonetheless, we have considered the 

potential economic impact on small 

entities of the rules discussed in the 

IRFA, and we have considered 

alternatives that would reduce the 

potential economic impact on small 

entities of the rules enacted herein. 

Description and Estimate of the Number 

of Small Entities to Which Rules Will 

Apply 

7. 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 

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 Small Business 

Administration (SBA). 

8. Small businesses in the aviation 

and marine radio services use a marine 

very high frequency (VHF), medium 

frequency (MF), or high frequency (HF) 

radio, any type of emergency position 

indicating radio beacon (EPIRB) and/or 

radar, an aircraft radio, and/or any type 

of emergency locator transmitter (ELT). 

The Commission has not developed a 

definition of small entities specifically 

applicable to these small businesses. For 

purposes of this FRFA, therefore, the 

applicable definition of small entity is 

the definition under the SBA rules 

applicable to wireless service providers. 

Since 2007, the Census Bureau has 

placed wireless firms within this new, 

broad, economic census category. Prior 

to that time, such firms were within the 

now-superseded categories of ‘‘Paging’’ 

and ‘‘Cellular and Other Wireless 

Telecommunications.’’ Under the 

present and prior categories, the SBA 

has deemed a wireless business to be 

small if it has 1,500 or fewer employees. 

Because Census Bureau data are not yet 

available for the new category, we will 

estimate small business prevalence 

using the prior categories and associated 

data. For the category of Paging, data for 

2002 show that there were 807 firms 

that operated for the entire year. Of this 

total, 804 firms had employment of 999 

or fewer employees, and three firms had 

employment of 1,000 employees or 

more. For the category of Cellular and 

Other Wireless Telecommunications, 

data for 2002 show that there were 1,397 

firms that operated for the entire year. 

Of this total, 1,378 firms had 

employment of 999 or fewer employees, 

and 19 firms had employment of 1,000 

employees or more. Thus, we estimate 


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that the majority of wireless firms are 

small. 

9. Some of the rules adopted herein 

may also affect small businesses that 

manufacture aviation radio equipment. 

The Commission has not developed a 

definition of small entities applicable to 

aviation radio equipment 

manufacturers. Therefore, the applicable 

definition is that for Radio and 

Television Broadcasting and Wireless 

Communications 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 has developed a 

small business size standard for Radio 

and Television Broadcasting and 

Wireless Communications Equipment 

Manufacturing, which is: All such firms 

having 750 or fewer employees. 

According to Census Bureau data for 

2002, there were a total of 1,041 

establishments in this category that 

operated for the entire year. Of this 

total, 1,010 had employment of under 

500, and an additional 13 had 

employment of 500 to 999. Thus, under 

this size standard, the majority of firms 

can be considered small. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

10. The Third R&O does not impose 

any additional reporting, recordkeeping, 

or other compliance requirements on 

small entities. 

Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

11. 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.’’ 

12. As explained in section D of this 

FRFA, above, the Third R&O does not 

impose any additional reporting, 

recordkeeping, or other compliance 

requirements on small entities. In the 

IRFA accompanying the Second 

FNPRM, the Commission identified two 

measures that it was considering that 

might conceivably impose significant 

new compliance burdens on small 

entities: (1) The adoption of rules 

requiring that mobile satellite systems 

accord priority and preemptive access to 

AMS(R)S communications in additional 

frequency bands, including the 1.6 

MHz, 2 MHz, and 5 MHz frequency 

bands, and (2) the adoption of rules 

mandating a transition to 8.33 kHz 

channel spacing in the aeronautical 

enroute service. In the Third R&O, 

however, the Commission does not 

adopt either of these requirements. The 

Commission has determined to defer 

addressing the possibility of requiring 

MSS licensees to accord priority and 

preemptive access to AMS(R)S 

communications in additional 

frequency bands until other matters 

pertaining to MSS licensees are 

addressed in other proceedings. In 

addition, the Commission has decided 

not to mandate that the aeronautical 

enroute service transition to 8.33 kHz 

channel spacing, but only to allow such 

a transition to 8.33 kHz channel spacing 

in the aeronautical enroute (and flight 

test station) service on a permissive 

basis. Finally, as noted, the Commission 

determined in the IRFA accompanying 

the Second FNPRM that none of the 

other rule changes under consideration 

would impose any new compliance 

burden on any entity, and there is 

nothing in the record to undermine that 

conclusion. In sum, none of the rule 

changes adopted in the Third R&O 

imposes a new compliance burden on 

any entity. 

F. Report to Congress 

13. The Commission will send a copy 

of this Third R&O in WT Docket No. 01– 

289, including the Final Regulatory 

Flexibility Analysis, in a report to be 

sent to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

Third R&O, including the Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the SBA. 

A copy of the Third R&O and the Final 

Regulatory Flexibility Analysis (or 

summaries thereof) will also be 

published in the Federal Register. 

List of Subjects 

47 CFR Part 1 

Administrative practice and 

procedure, Radio. 

47 CFR Part 2 

Radio. 

47 CFR Part 87 

Air transportation, Communications 

equipment, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 1, 2 

and 87 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 303(r), and 

309. 

■ 2. Amend § 1.948 by revising 

paragraph (b)(5) to read as follows: 

§ 1.948 Assignment of authorization or 

transfer of control, notification of 

consummation. 

* * * * * 

(b)(5) Licenses, permits, and 

authorizations for stations in the 

Amateur, Ship, Commercial Operator 

and Personal Radio Services (except 

218–219 MHz Service) may not be 

assigned or transferred, unless 

otherwise stated. 

* * * * * 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 3. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 4. Amend § 2.106, by revising page 20 

of the Table of Frequency Allocations, 

and by adding footnote US36 to the list 

of United States (U.S.) Footnotes to read 

as follows. 

§ 2.106 Table of frequency allocations. 

* * * * * 

BILLING CODE 6712–01–P 


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BILLING CODE 6712–01–C 

United States (U.S.) Footnotes 

* * * * * 

US36 In Hawaii, the bands 120.647– 

120.653 MHz and 127.047–127.053 MHz 

are also allocated to the aeronautical 

mobile service on a primary basis for 

non-Federal aircraft air-to-air 

communications on 120.65 MHz (Maui) 

and 127.05 MHz (Hawaii and Kauai) as 

specified in 47 CFR 87.187. 

* * * * * 

PART 87—AVIATION SERVICES 

■ 5. The authority citation for part 87 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303 and 307(e), 

unless otherwise noted. 

■ 6. Amend § 87.133 by revising 

paragraph (a) introductory text and by 

adding paragraph (g) to read as follows: 

§ 87.133 Frequency stability. 

(a) Except as provided in paragraphs 

(c), (d), (f), and (g) of this section, the 

carrier frequency of each station must be 

maintained within these tolerances: 

* * * * * 


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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 17351 

(g) Any aeronautical enroute service 

transmitter operating in U.S. controlled 

airspace with 8.33 kHz channel spacing 

(except equipment being tested by 

avionics equipment manufacturers and 

flight test stations prior to delivery to 

their customers for use outside U.S. 

controlled airspace) must achieve 

0.0005% frequency stability when 

operating in that mode. 

■ 7. Amend § 87.137 by revising 

footnote 17 in paragraph (a) to read as 

follows: 

§ 87.137 Types of emission. 

(a) * * * 

17 In the band 117.975–137 MHz, the 

Commission will not authorize any 8.33 

kHz channel spaced transmissions or 

the use of their associated emission 

designator within the U.S. National 

Airspace System, except, on an optional 

basis, by Aeronautical Enroute Stations 

and Flight Test Stations, or by avionics 

equipment manufacturers which are 

required to perform installation and 

checkout of such radio systems prior to 

delivery to their customers. For 

transmitters certificated to tune to 8.33 

kHz channel spacing as well as 25 kHz 

channel spacing, the authorized 

bandwidth is 8.33 kHz when tuned to 

an 8.33 kHz channel. 

* * * * * 

§ 87.171 [Amended] 

■ 8. Amend § 87.171 by removing the 

entry ‘‘FAP–Civil Air Patrol.’’ 

■ 9. Amend § 87.173 by removing the 

entry for ‘‘72.020–75.980 MHz,’’ adding 

entries for ‘‘72.02–72.98 MHz’’ and 

‘‘75.42–75.98 MHz,’’ revising the entries 

for ‘‘118.00–121.400,’’ ‘‘121.500 MHz,’’ 

‘‘121.975 MHz,’’ ‘‘122.025 MHz,’’ 

‘‘122.075 MHz,’’ ‘‘123.6–128.8 MHz,’’ 

‘‘128.825–132.000 MHz,’’ ‘‘132.025– 

135.975 MHz,’’ ‘‘136.500–136.875 MHz,’’ 

and ‘‘406.0–406.1 MHz’’ in the table in 

paragraph (b) to read as follows: 

§ 87.173 Frequencies. 

* * * * * 

(b) Frequency table: 

Frequency or 

frequency band Subpart Class of station Remarks 

72.02–72.98 MHz .......................... P .................................................... FA, AXO ........................................ Operational fixed. 

75.42–75.98 MHz .......................... P .................................................... FA, AXO ........................................ Operational fixed. 

*******

118.000–121.400 MHz .................. O, S ............................................... MA, FAC, FAW, GCO ...................

RCO, RPC ....................................

25 kHz channel spacing 

* * * * * * * 

121.500 MHz ................................. G, H, I, J, K, M, O ......................... MA, FAU, FAE, FAT, FAS, FAC, 

FAM.

Emergency and distress. 

* * * * * * * 

121.975 MHz ................................. F, S ............................................... MA2, FAW, FAC, MOU ................. Air traffic control operations. 

* * * * * * * 

122.025 MHz ................................. F, S ............................................... MA2, FAW, FAC, MOU ................. Air traffic control operations. 

* * * * * * * 

122.075 MHz ................................. F, S ............................................... MA2, FAW, FAC, MOU ................. Air traffic control operations. 

* * * * * * * 

123.6–128.8 MHz .......................... O, S ............................................... MA, FAC, FAW, GCO, RCO, RPC 25 kHz channel spacing. 

128.825–132.000 .......................... I ..................................................... MA, FAE ........................................ Domestic VHF. 

132.025–135.975 MHz .................. O, S ............................................... MA, FAC, FAW, GCO RCO RPC 25 kHz channel spacing. 

* * * * * * * 

136.500–136.875 MHz .................. I ..................................................... MA, FAE ........................................ Domestic VHF. 

* * * * * * * 

406.0–406.1 MHz .......................... F, G, H, I, J, K, M, O .................... MA, FAU, FAE, FAT, FAS, FAC, 

FAM.

Emergency and distress. 

* * * * * * * 

* * * * * 

■ 10. Amend § 87.187 by revising 

paragraphs (cc) and (dd), and by adding 

new paragraphs (gg) and (hh) to read as 

follows: 

§ 87.187 Frequencies. 

* * * * * 

(cc) The frequency 120.650 MHz 1 is 

authorized for air-to-air use for aircraft 

up to and including 3 km (10,000 ft) 

mean sea level within the area bounded 

by the following coordinates (all 

coordinates are referenced to North 

American Datum 1983 (NAD83)): 

35–59–44.9 N. Lat; 114–51–48.0 W. 

Long. 

36–09–29.9 N. Lat; 114–50–3.0 W. Long. 

36–09–29.9 N. Lat; 114–02–57.9 W. 

Long. 

35–54–45.0 N. Lat; 113–48–47.8 W. 

Long. 

(dd) The frequencies 136.425, 

136.450, and 136.475 MHz are 

designated for flight information 

services—broadcast (FIS–B) and may 

not be used by aircraft for transmission. 

* * * * * 

(gg) (1) The frequency 120.650 MHz is 

authorized for air-to-air 

communications for aircraft over and 

within five nautical miles of the 

shoreline of the Hawaiian Island of 

Maui. 

(2) The frequency 121.950 MHz is 

authorized for air-to-air use for aircraft 

over and within five nautical miles of 

the shoreline of the Hawaiian Island of 

Molokai. 


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(3) The frequency 122.850 MHz is 

authorized for air-to-air use for aircraft 

over and within five nautical miles of 

the shoreline of the Hawaiian Island of 

Oahu. 

(4) The frequency 122.850 MHz is 

authorized for aircraft over and within 

five nautical miles of the shoreline of 

the Hawaiian Island of Hawaii when 

aircraft are south and east of the 215 

degree radial of very high frequency 

omni-directional radio range of Hilo 

International Airport. 

(5) The frequency 127.050 MHz is 

authorized for air-to-air use for aircraft 

over and within five nautical miles of 

the shoreline of the Hawaiian Island of 

Hawaii when aircraft are north and west 

of the 215 degree radial of very high 

frequency omni-directional radio range 

of Hilo International Airport. 

(6) The frequency 127.050 MHz is 

authorized for air-to-air use for aircraft 

over and within five nautical miles of 

the Hawaiian Island of Kauai. 

(hh) (1) The frequency 121.95 MHz is 

authorized for air-to-air 

communications for aircraft within the 

area bounded by the following 

coordinates (all coordinates are 

referenced to North American Datum 

1983 (NAD83)): 

33–46–00 N. Lat.; 118–27–00 W. Long. 

33–47–00 N. Lat.; 118–12–00 W. Long. 

33–40–00 N. Lat.; 118–00–00 W. Long. 

33–35–00 N. Lat.; 118–08–00 W. Long. 

34–00–00 N. Lat.; 118–26–00 W. Long. 

(2) The frequency 122.775 MHz is 

authorized for air-to-air 

communications for aircraft within the 

area bounded by the following 

coordinates (all coordinates are 

referenced to North American Datum 

1983 (NAD83)): 

34–22–00 N. Lat.; 118–30–00 W. Long. 

34–35–00 N. Lat.; 118–15–00 W. Long. 

34–27–00 N. Lat.; 118–15–00 W. Long. 

34–16–00 N. Lat.; 118–35–00 W. Long. 

34–06–00 N. Lat.; 118–35–00 W. Long. 

34–05–00 N. Lat.; 118–50–00 W. Long. 

(3) The frequency 123.30 MHz is 

authorized for air-to-air 

communications for aircraft within the 

area bounded by the following 

coordinates (all coordinates are 

referenced to North American Datum 

1983 (NAD83)): 

34–08–00 N. Lat.; 118–00–00 W. Long. 

34–10–00 N. Lat.; 117–08–00 W. Long. 

34–00–00 N. Lat.; 117–08–00 W. Long. 

33–53–00 N. Lat.; 117–42–00 W. Long. 

33–58–00 N. Lat.; 118–00–00 W. Long. 

(4) The frequency 123.50 MHz is 

authorized for air-to-air 

communications for aircraft within the 

area bounded by the following 

coordinates (all coordinates are 

referenced to North American Datum 

1983 (NAD83)): 

33–53–00 N. Lat.; 117–37–00 W. Long. 

34–00–00 N. Lat.; 117–15–00 W. Long. 

34–00–00 N. Lat.; 117–07–00 W. Long. 

33–28–00 N. Lat.; 116–55–00 W. Long. 

33–27–00 N. Lat.; 117–12–00 W. Long. 

(5) The frequency 123.50 MHz is 

authorized for air-to-air 

communications for aircraft within the 

area bounded by the following 

coordinates (all coordinates are 

referenced to North American Datum 

1983 (NAD83)): 

33–50–00 N. Lat.; 117–48–00 W. Long. 

33–51–00 N. Lat.; 117–41–00 W. Long. 

33–38–00 N. Lat.; 117–30–00 W. Long. 

33–30–00 N. Lat.; 117–30–00 W. Long. 

33–30–00 N. Lat.; 117–49–00 W. Long. 

■ 11. Amend § 87.195 by revising the 

section heading, and by adding 

introductory text to read as follows: 

§ 87.195 Prohibition of 121.5 MHz ELTs. 

The manufacture, importation, sale or 

use of 121.5 MHz ELTs is prohibited. 

* * * * * 

■ 12. Amend § 87.199 by revising 

paragraph (a) to read as follows: 

§ 87.199 Special requirements for 406.0– 

406.1 MHz ELTs. 

(a) 406.0–406.1 ELTs use G1D 

emission. Except for the spurious 

emission limits specified in § 87.139(h), 

406.0–406.1 MHz ELTs must meet all 

the technical and performance 

standards contained in the Radio 

Technical Commission for Aeronautics 

document titled ‘‘Minimum Operational 

Performance Standards 406 MHz 

Emergency Locator Transmitters (ELT)’’ 

Document No. RTCA/DO–204 dated 

September 29, 1989. The Director of the 

Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Copies of this standard can 

be inspected at the Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC (Reference 

Information Center) or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Copies of the RTCA 

standards also may be obtained from the 

Radio Technical Commission of 

Aeronautics, One McPherson Square, 

1425 K Street, NW., Washington, DC 

20005. 

* * * * * 

■ 13. Amend § 87.215 by revising 

paragraphs (b) and (f) to read as follows: 

§ 87.215 Supplemental eligibility. 

* * * * * 

(b) Only one unicom will be 

authorized to operate at an airport 

which does not have a control tower, 

RCO or FAA flight service station that 

operates on the published common 

traffic advisory frequency. At any other 

airport, the one unicom limitation does 

not apply, and the airport operator and 

all aviation services organizations may 

be licensed to operate a unicom on the 

assigned frequency. 

* * * * * 

(f) At an airport where only one 

unicom may be licensed, when the 

Commission believes that the unicom 

has been abandoned or has ceased 

operation, another unicom may be 

licensed on an interim basis pending 

final determination of the status of the 

original unicom. An applicant for an 

interim license must notify the present 

licensee and must comply with the 

notice requirements of paragraph (g) of 

this section. 

* * * * * 

■ 14. Amend § 87.263 by revising 

paragraphs (a)(1) and (c) to read as 

follows: 

§ 87.263 Frequencies. 

(a) * * * 

(1) Frequencies in the 128.8125– 

132.125 MHz and 136.4875–137.00 MHz 

bands are available to serve domestic 

routes, except that the frequency 

136.750 MHz is available only to 

aeronautical enroute stations located at 

least 288 kilometers (180 miles) from 

the Gulf of Mexico shoreline (outside 

the Gulf of Mexico region). The 

frequencies 136.900 MHz, 136.925 MHz, 

136.950 MHz and 136.975 MHz are 

available to serve domestic and 

international routes. Frequency 

assignments may be based on either 8.33 

kHz or 25 kHz spacing. Use of these 

frequencies must be compatible with 

existing operations and must be in 

accordance with pertinent international 

treaties and agreements. 

* * * * * 

(c) International VHF service. 

Frequencies in the 128.825–132.000 and 

136.000–137.000 MHz bands are 

available to enroute stations serving 

international flight operations. 

Frequency assignments are based on 

either 8.33 kHz or 25 kHz channel 

spacing. Proposed operations must be 

compatible with existing operations in 

the band. 

* * * * * 

■ 15. In 87.303, revise paragraph (b) and 

add a new paragraph (f) to read as 

follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 17353 

§ 87.303 Frequencies. 

* * * * * 

(b) These additional frequencies are 

available for assignment only to flight 

test stations of aircraft manufacturers: 

MHz MHz MHz MHz 

123.125 2 123.275 3 123.425 3 123.550 3

123.150 2 123.325 3 123.475 3 123.575 2

123.250 3 123.350 3 123.525 3

1When R3E, H3E or J3E emission is used, the assigned frequency will be 3282.4 kHz (3281.0 kHz carrier frequency). 

2This frequency is available only to itinerant stations that have a requirement to be periodically transferred to various locations. 3 Mobile station operations on these frequencies are limited to an area within 320 km (200 mi) of an associated flight test land station. 

* * * * * 

(f) Frequency assignments for Flight 

Test VHF Stations may be based on 

either 8.33 kHz or 25 kHz spacing. 

Assignable frequencies include the 

interstitial frequencies 8.33 kHz from 

the VHF frequencies listed in 

paragraphs (a) and (b) of this section. 

Each 8.33 kHz interstitial frequency is 

subject to the same eligibility criteria 

and limitations as the nearest frequency 

listed in paragraphs (a) and (b) of this 

section. 

[FR Doc. 2011–4003 Filed 3–28–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 87 

[WT Docket No. 01–289; FCC 11–2] 

Aviation Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; suspension of 

effectiveness. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC) 

stays indefinitely a rule that rule 

prohibits the certification, manufacture, 

importation, sale, or continued use of 

121.5 MHz emergency locator 

transmitters (ELTs). The Commission is 

staying the effective date of the 

amendment because information that 

first came to its attention after the 

adoption and release of the Third R&O 

indicates that it would serve the public 

interest to augment the record on this 

issue by providing an additional 

opportunity for public comment. 

DATES: Effective March 29, 2011, 

§ 87.195 is stayed until further notice. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Tobias, Mobility Division, Wireless 

Telecommunications Bureau, at (202) 

418–0620. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Order, released on 

January 11, 2011. Contemporaneous 

with this document, the Commission 

issues a Third Report and Order (Third 

R&O), (published elsewhere in this 

publication). The full text of this 

document is available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. This document 

may also be purchased from the FCC’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room CY– 

B402, Washington, DC 20554. The full 

text may also be downloaded at: 

http://www.fcc.gov. Alternative formats 

are available to persons with disabilities 

by sending an e-mail to fcc504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

In this Order, the FCC stayed the 

effectiveness of 47 CFR 89.195, as 

amended in the Third R&O, which 

prohibits the certification, manufacture, 

importation, sale, or continued use of 

121.5 MHz ELTs. The stay will remain 

in effect indefinitely, and the question 

of the appropriate regulatory treatment 

of 121.5 MHz ELTs will be addressed 

anew after the FCC has received 

additional public comment on the 

question. The FCC will separately 

publish in the Federal Register a 

document requesting such comment. 

List of Subjects in 47 CFR Part 87 

Communications equipment, Radio. 

For the reasons discussed in the 

preamble, the FCC amends 47 part 87 as 

follows: 

PART 47—[AMENDED] 

■ 1. The authority citation for part 47 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303 and 307(e), 

unless otherwise noted. 

■ 2. Effective March 29, 2011, § 87.195 

is stayed indefinitely. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–4007 Filed 3–28–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R9–MB–2010–0082; 

91200–1231–9BPP–L2] 

RIN 1018–AX30 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2011 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) establishes 

migratory bird subsistence harvest 

regulations in Alaska for the 2011 

season. These regulations will enable 

the continuation of customary and 

traditional subsistence uses of migratory 

birds in Alaska and prescribe regional 

information on when and where the 

harvesting of birds may occur. These 

regulations were developed under a comanagement process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. The rulemaking is 

necessary because the regulations 

governing the subsistence harvest of 

migratory birds in Alaska are subject to 

annual review. This rulemaking 

establishes region-specific regulations 

that go into effect on April 2, 2011, and 

expire on August 31, 2011. 

DATES: The amendments to subpart D of 

50 CFR part 92 are effective April 2, 

2011, through August 31, 2011. 

FOR FURTHER INFORMATION CONTACT: Fred 

Armstrong, (907) 786–3887, or Donna 

Dewhurst, (907) 786–3499, U.S. Fish 

and Wildlife Service, 1011 E. Tudor 

Road, Mail Stop 201, Anchorage, AK 

99503. 

SUPPLEMENTARY INFORMATION: 

Why is this rulemaking necessary? 

This rulemaking is necessary because, 

by law, the migratory bird harvest 


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