Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17613 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 21, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

2. Section 180.491 is amended by 

revising the ‘‘Nut, tree, group 14’’ 

commodity in the tables in paragraphs 

(a)(1) and (a)(2) to read as follows: 

§ 180.491 Propylene oxide; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

* * * * * 

Nutmeat, processed, except peanuts ......................................... 300 

* * * * * 

(2) * * * 

Commodity Parts per 

million 

* * * * * 

Nutmeat, processed, except peanuts ......................................... 10.0 

* * * * * 

* * * * * 

[FR Doc. 2011–7462 Filed 3–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 87 

[WT Docket No. 10–61; FCC 11–25] 

Aviation Service Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document considers a 

petition for rulemaking requesting 

comment on a petition for rulemaking 

filed by OCAS, Inc. (OCAS) regarding 

audio visual warning systems (AVWS). 

OCAS, Inc. installs such technology 

under the trademark OCAS ®. AVWS are 

integrated air hazard notification 

systems that utilize radar frequencies 

and VHF voice frequencies to activate 

obstruction lighting and transmit 

audible warnings to aircraft on a 

potential collision course with obstacles 

such as power lines, wind turbines, 

bridges and towers. OCAS requests that 

we amend part 87 of the Commission’s 

rules to permit AVWS stations to 

operate radar units, and to transmit 

audible warnings to pilots. We seek 

comment on operational, licensing, 

eligibility and equipment certification 

issues regarding AVWS stations and 

technology. 

DATES: Submit comments on or before 

May 31, 2011 and reply comments are 

due June 28, 2011. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 10–61; 

FCC 11–25, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Tim 

Maguire, Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

2155. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking 

(‘‘FNPRM’’) in WT Docket No. 10–61, 

FCC 11–25, adopted February 22, 2011, 

and released March 4, 2011. 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, Washington, DC 

20554. The full text may also be 

downloaded at: 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). 

I. Procedural Matters 

A. Ex Parte Rules-Permit-but-Disclose 

Proceeding 

1. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s Rules. 

B. Comment Dates 

2. 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:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• 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. All filings 

must be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

17614 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes must be 

disposed of before 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 12th 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). 

C. Paperwork Reduction Act 

3. This FNPRM does not contain any 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

it does not 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). 

II. Initial Regulatory Flexibility 

Analysis 

4. As required by the Regulatory 

Flexibility Act (RFA), the Commission 

has prepared this present Initial 

Regulatory Flexibility Analysis (IRFA) 

of the possible significant economic 

impact on small entities by the policies 

and rules proposed and set forth in 

Appendix B. We requent written public 

comments on this IRFA which must be 

filed in accordance with the same filing 

deadlines as the comments on the rest 

of the FNPRM. The Commission shall 

send a copy of this FNPRM, including 

the IRFA, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. In addition, a copy of 

this FNPRM and IRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

III. Ordering Clauses 

5. Pursuant to §§ 4(i), 4(j), and 303(r) 

of the Communications Act of 1934, as 

amended, and 47 U.S.C. 154(i), 154(j), 

and 303(r), notice is hereby given of the 

proposed regulatory changes described 

in the FNPRM, and comment is sought 

on the proposed regulatory changes as 

set forth below. 

6. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this FNPRM, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 87 

Air transportation, Communications 

equipment, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 87 as follows: 

PART 87—AVIATION SERVICES 

1. The authority citation for part 87 

continues to read as follows: 

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

unless otherwise noted. 

2. Section 87.171 is amended by 

revising the section heading and by 

adding ‘‘AVW—Audio visual warning 

systems’’ under the revised section 

heading to read as follows: 

§ 87.171 Class of station symbols. 

* * * * * 

AVW—Audio visual warning systems 

* * * * * 

3. Section 87.173 is amended by 

revising the entries for ‘‘122.700 MHz,’’ 

‘‘122.725 MHz,’’ ‘‘122.750 MHz,’’ 

‘‘122.800 MHz,’’ ‘‘122.850 MHz,’’ 

‘‘122.900 MHz,’’ ‘‘122.950 MHz,’’ 

‘‘122.975 MHz,’’ ‘‘123.000 MHz,’’ 

‘‘123.025 MHz,’’ ‘‘123.050 MHz,’’ 

‘‘123.075 MHz,’’ ‘‘123.300 MHz,’’ 

‘‘123.500 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 

*******

122.700 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

122.725 MHz ............. G, L, Q ................................... MA, CAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

122.750 MHz ............. F, Q ........................................ MA2, AV ................................ Private fixed wing aircraft air-to-air communications. 

*******

122.800 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

*******

122.850 MHz ............. H, K, Q ................................... MA, FAM, FAS, AVW 

*******

122.900 MHz ............. F, H, L, M, Q ......................... MA, FAR, FAM, MOU, AVW 

*******

122.950 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with control tower; Aeronautical utility stations. 

122.975 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

123.000 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17615 

Frequency or frequency band Subpart Class of station Remarks 

123.025 MHz ............. F, Q ........................................ MA2, AVW ............................. Helicopter air-to-air communications; Air traffic control 

operations. 

123.050 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

123.075 MHz ............. G, L, Q ................................... MA, FAU, MOU, AVW ........... Unicom at airports with no control tower; Aeronautical 

utility stations. 

* * * * * * * 

123.300 MHz ............. K, Q ....................................... MA, FAS, AVW 

* * * * * * * 

123.500 MHz ............. K, Q ....................................... MA, FAS, AVW 

* * * * * * * 

4. Section 87.483 is added under 

Subpart Q to read as follows: 

§ 87.483 Audio visual warning systems. 

An audio visual warning system 

(AVWS) is a radar-based obstacle 

avoidance system. AVWS activates 

obstruction lighting and transmits VHF 

audible warnings to alert pilots of 

potential collisions with land-based 

obstructions. The continuously 

operating radar calculates the location, 

direction and groundspeed of nearby 

aircraft that enter one of two warning 

zones reasonably established by the 

licensee. As aircraft enter the first 

warning zone, the AVWS activates 

obstruction lighting. If the aircraft 

continues toward the obstacle and 

enters the second warning zone, the 

VHF radio transmits an audible warning 

describing the obstacle. 

(a) Radio determination (radar) 

frequencies. Frequencies authorized 

under § 87.475(b)(7) of this part are 

available for use by an AVWS. The 

frequency coordination requirements in 

§ 87.475(a) of this part apply. 

(b) VHF audible warning frequencies. 

Frequencies authorized under 

§ 87.187(j), § 87.217(a), § 87.241(b) and 

§ 87.323(b) (excluding 121.950 MHz) of 

this part are available for use by an 

AVWS. Multiple frequencies may be 

authorized for an individual station, 

depending on need and the use of 

frequencies assigned in the vicinity of a 

proposed AVWS facility. Use of these 

frequencies is subject to the following 

limitations: 

(1) The output power shall not 

exceed¥3 dBm watts for each frequency 

authorized. 

(2) The antenna used in transmitting 

the audible warnings must be omni 

directional with a maximum gain equal 

to or lower than a half-wave centerfed 

dipole above 30 degree elevation, and a 

maximum gain of +5 dBi from 

horizontal up to 30 degrees elevation. 

(3) The audible warning shall not 

exceed two seconds in duration. No 

more than six audible warnings may be 

transmitted in a single warning cycle, 

which shall not exceed 12 seconds in 

duration. An interval of at lest twenty 

seconds must occur between transmit 

cycles. 

* * * * * 

[FR Doc. 2011–7382 Filed 3–29–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 177 and 392 

[Docket Numbers PHMSA–2010–0319 

(HM–255) & FMCSA–2006–25660] 

RIN 2137–AE69 & 2126–AB04 

Highway-Rail Grade Crossing; Safe 

Clearance 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), and Federal Motor Carrier 

Safety Administration (FMCSA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); reopening of comment period. 

SUMMARY: On March 1, 2011, the 

Commercial Vehicle Safety Alliance 

(CVSA) requested that PHMSA and 

FMCSA extend the comment period for 

the Highway-Rail Grade Crossing; Safe 

Clearance Notice of Proposed 

Rulemaking, which was published on 

January 28, 2011, by 60 days. CVSA 

believes the extension is necessary to 

gain feedback from its members who 

will be attending the CVSA Spring 

Workshop Meeting from April 11–14, 

2011. This notice reopens the public 

comment period for the NPRM from 

March 29, 2011, to April 29, 2011. 

DATES: Comments on the NPRM are due 

by April 29, 2011. 

FOR FURTHER INFORMATION CONTACT: At 

FMCSA: Mr. Thomas Yager, Driver and 

Carrier Operations; or MCPSD@dot.gov. 

Telephone (202) 366–4325. Office hours 

are from 7:45 a.m. to 4:15 p.m., e.t., 

Monday through Friday, except Federal 

holidays. At PHMSA: Mr. Ben Supko, 

Office of Hazardous Materials 

Standards, (202) 366–8553, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

0001. 

SUPPLEMENTARY INFORMATION: 

On March 1, 2011, the Commercial 

Vehicle Safety Alliance (CVSA) 

requested that PHMSA and FMCSA 

extend the comment period for the 

Highway-Rail Grade Crossing; Safe 

Clearance Notice of Proposed 

Rulemaking, which was published on 

January 28, 2011 (76 FR 5120), by 60 

days. CVSA believes the extension is 

necessary to gain feedback from its 

members who will be attending the 

CVSA Spring Workshop Meeting from 

April 11–14, 2011. 

PHMSA and FMCSA believe that 

other potential commenters to this 

rulemaking will benefit from an 

extension as well, and that 30 days is 

sufficient time to allow CVSA to gain 

feedback from its members during its 

Spring Workshop and prepare its 

comments. Accordingly, PHMSA and 

FMCSA reopens the comment period for 

all comments on the NPRM and its 

related documents to April 29, 2011. 

Issued in Washington, DC, on March 25, 

2011, under authority delegated in 49 CFR 

part 1. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS