9850 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

2. Does Executive Order 12898 Apply to 

This Rule? 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. As this rule does not 

impose any enforceable duty upon 

State, tribal or local governments, this 

rule will neither increase nor decrease 

environmental protection. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Dated: February 24, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2010–4328 Filed 3–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket Nos. 10–23; 07–96; 06–216; FCC 

10–14] 

Tank Level Probing Radars in the 

Frequency Band 77–81 GHz 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document the 

Commission proposes to modify its 

rules to allow tank level probing radar 

(TLPR) devices to operate in the 77–81 

GHz frequency band on an unlicensed 

basis under the provisions of part 15 of 

the Commission’s rules. Specifically, 

the Commission proposes to modify 

§ 15.205 of the rules to remove the 

prohibition on intentional emissions in 

the 77–81 GHz band for TLPR devices 

used in closed storage tanks and vessels 

made of metal, concrete, or material 

with similar attenuating characteristics, 

at fixed locations at petroleum and 

chemical production and storage 

facilities, and similar commercial and 

industrial sites. The Commission 

believes that its proposals will enable 

the development and deployment of 

high frequency technology that operates 

more effectively and reliably than 

existing tank level measuring radar 

technology in certain applications 

where precision measurements are 

needed, and in certain tanks which 

cannot now accommodate existing 

technology. The Commission believes 

that, with appropriate restrictions, such 

high frequency TLPR devices can 

operate on an unlicensed basis without 

causing harmful interference to 

authorized services in the 77–81 GHz 

band. 

DATES: Comments must be filed on or 

before June 2, 2010, and reply 

comments must be filed on or before 

July 2, 2010. 

ADDRESSES: You may submit comments, 

identified by ET Docket Nos. 10–23; 07– 

96 and 06–216, 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. 

• E-mail: [Optional: Include the Email address only if you plan to accept 

comments from the general public]. 

Include the docket number(s) in the 

subject line of the message. 

• Mail: [Optional: Include the mailing 

address for paper, disk or CD–ROM 

submissions needed/requested by your 

Bureau or Office. Do not include the 

Office of the Secretary’s mailing address 

here.] 

• 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 of 

this document. 

FOR FURTHER INFORMATION CONTACT: Anh 

Wride, Office of Engineering and 

Technology, (202) 418–0577, e-mail: 

Anh.Wride@fcc.gov, TTY (202) 418– 

2989. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making and Order, ET 

Docket Nos. 10–23; 07–96; and 06–216, 

FCC 10–14, adopted January 14, 2010, 

and released January 19, 2010. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

complete text of this document also 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: 

http://www.fcc.gov. 

Pursuant to §§ 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 

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 


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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). 

Summary of Notice of Proposed 

Rulemaking 

In the Notice of Proposed Rule 

Making (NPRM), the Commission 

proposes to modify its rules to allow the 

77–81 GHz frequency band to be used 

for the operation of TLPR equipment 

installed inside closed storage tanks 

made of metal, concrete or other 

material with similar attenuating 

characteristics. The Commission 

proposes a limit of +43 dBm on the 

transmitter’s peak equivalent 

isotropically radiated power (EIRP) and 

+23 dBm on the transmitter’s average 

EIRP levels for fundamental emissions 

when measured in a laboratory setting, 

i.e., not installed in a tank. The 

Commission proposes to limit the 

radiated emissions from a TLPR device, 

when installed in representative tanks 

of each material type, to the general 

radiated emission limits for intentional 

radiators in § 15.209(a) of our rules 

when measured outside of the TLPR 

tank enclosure in any direction and at 

any frequency below 200 GHz. The 

Commission proposes that installation 

of TLPR devices be limited to 

commercial usage in fixed locations. It 

further proposes that in order to receive 

certification, the device be subjected to 

a compliance test procedure that 

includes (a) testing of the transmitter’s 

characteristics (fundamental emissions 

and emissions at band edges, etc.); and 

(b) radiated emission testing of the radar 

installed inside representative storage 

tanks for each type of tank material. The 

Commission believes that these 

proposals have the potential to foster 

the development of a variety of tank 

level radar measuring products that will 

benefit industry by providing better 

accuracy and reliability in target 

resolution to identify critical levels of 

materials such as fuel, water, sewer 

treated waste and high risk substances, 

thereby reducing storage tank overflow 

and spilling while minimizing exposure 

of maintenance personnel to high risk 

materials. These proposals would 

promote greater utility for the 77–81 

GHz band without increasing the 

interference risk to authorized services 

in the band. 

Additionally, the Commission is 

waiving § 15.205(a) of our rules, subject 

to certain conditions, to allow Siemens 

Milltronics Process Instruments Inc. 

(Siemens), Ohmart/VEGA Corp. 

(Ohmart/VEGA), and any other 

responsible party marketing equipment 

that complies with these conditions 

(e.g., Endress+Hauser GmbH+Co. KG 

(Endress+Hauser)) to manufacture, 

certify, and market TLPR devices in the 

77–81 GHz band for a period of two 

years or until 180 days following the 

adoption of a Report and Order in this 

proceeding, whichever is longer. This 

action will allow the new TLPR 

technology to be utilized in the near 

term while the Commission considers 

modifying the general part 15 rules. 

Siemens filed a Petition for 

Rulemaking requesting that the 

Commission amend its rules to allow 

TLPR devices to operate in the restricted 

77–81 GHz frequency band. The 

Commission issued a Public Notice 

soliciting comments on Siemens’s 

request on December 6, 2006. Ohmart/ 

VEGA and Krohne America, Inc. 

(Krohne) filed comments that generally 

supported Siemens petition. Krohne 

suggests that the Commission should 

consider allowing TLPR devices to 

operate in a larger portion of the 

spectrum, i.e., 75–85 GHz band, to 

harmonize with European rules for such 

devices. 

Concurrent with its rulemaking 

petition, Siemens filed a request for 

waiver of § 15.209(a) to allow TLPR 

operation in the 78–79 GHz frequency 

band, subject to certain conditions. 

Ohmart/VEGA and Krohne filed in 

support of the Siemens’ request. 

Subsequently, Ohmart/VEGA also filed 

a request for waiver of § 15.209(a) to 

allow TLPR operation in the 77–81 GHz 

band, subject to certain conditions. 

Endress+Hauser filed in support of the 

Ohmart/VEGA waiver request and asked 

that it be granted the same relief. The 

National Radio Astronomy Observatory 

(NRAO) states that it would not object 

to the Ohmart/VEGA waiver if it 

Frequency Band of Operation. 

Authorized operations in the 77–81 GHz 

band currently include radio astronomy 

(Federal and non-Federal at 76–85 GHz), 

radiolocation (Federal and non-Federal 

at 76–77.5 GHz and 78–81 GHz), space 

research (Federal and non-Federal at 

74–84 GHz), amateur (non-Federal at 

76–81 GHz), and amateur satellite (nonFederal at 77–81 GHz). These services 

typically employ highly directional 

antennas because propagation loss is 

significant over short distances at these 

frequencies. 

The Commission believes that the 

proposed TLPR operation will not cause 

harmful interference to incumbent 

services in the 77–81 GHz band, based 

on several factors. First, the general 

emission limits are 39.6 dB below the 

emission levels that the Commission 

previously determined is sufficient to 

prevent harmful interference in this 

frequency range. Second, emissions in 

this band should attenuate more rapidly 

than the rate predicted by free space 

propagation due to the greater 

attenuating effects on radio waves from 

oxygen, water and any intervening 

objects at these frequencies; thus, the 

risk for harmful interference is minimal. 

Third, TLPR devices would be installed 

inside tanks which attenuate the 

radiated emissions so that they would 

not exceed our general emission limits 

outside of the tank. Further, because 

TLPR antennas would be pointing down 

toward the material inside closed 

storage tanks, side beam leakage should 

be minimal given the tank enclosure’s 

attenuation coefficient and the 

absorption characteristics of the 

material to be measured (liquid or 

solid); thus, reflected signals should be 

contained within the tank. Finally, the 

Commission is proposing certain 

operational conditions (regarding 

emission limits, tank materials, and site 

locations) that would further reduce the 

likelihood of harmful interference to 

authorized services. Accordingly, the 

Commission believes that TLPR devices 

would be able to share spectrum with 

authorized services in the 77–81 GHz 

band, and it seeks comment on what 

impact, if any, our proposal to allow 

TLPR operations in this band would 

have on authorized services. 

Regarding radio astronomy, the 

Commission observes that NRAO 

submitted comments in response to the 

Ohmart/VEGA petition to request 

special considerations to protect radio 

astronomy services, such as a 

mandatory 2 kilometer distance 

separation, between any permanent 

TLPR installation and radio astronomy 

site. Although radio astronomy has a 

primary allocation in the entire 77–81 

GHz band proposed for TLPR 

operations, the Commission notes that, 

the part 15 rules currently allow 

spurious emissions approximately 39.6 

dB higher than the radiated emission 

limit allowed in § 15.209 which the 

Commission proposes to apply to TLPR 

devices. In addition, vehicle radars, 

which are subject to the higher emission 

limits, are more likely to be operating in 

the vicinity of radio astronomy sites 

than TLPR devices in tanks at fixed 

locations. The Commission already 


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determined that the higher spurious 

emissions would not result in harmful 

interference, even without requiring a 

minimum separation distance from 

radio astronomy sites; operation at a 

level 39.6 dB lower also should not be 

a source of harmful interference. 

Furthermore, radio astronomy stations 

manage the RF systems used on their 

properties, and thus they may choose to 

exclude TLPR devices on their 

properties. The Commission further 

notes that TLPR devices currently 

operate under the general noninterference requirements of § 15.5 of 

our rules as would those proposed in 

this NPRM. Under these rules, the 

operator of a TLPR device is responsible 

for eliminating any harmful interference 

that may occur or must cease operation 

upon notification by a Commission 

representative that the device is causing 

harmful interference. Thus, the 

Commission believes that radio 

astronomy sites would be sufficiently 

protected. Accordingly, it tentatively 

concludes that it is not necessary to 

require any separation distance between 

a TLPR installation and a radio 

astronomy site. The Commission seeks 

comment on this tentative conclusion. 

The 75–85 GHz frequency band 

encompasses many more incumbent 

licensed operations than the 77–81 GHz 

band requested by Siemens. In addition 

to those services authorized in the 77– 

81 GHz band identified, the authorized 

services in the 75–85 GHz band include 

fixed/mobile/fixed satellite (Federal and 

non-Federal at 74–76 GHz and 81–85 

GHz), mobile satellite (Federal and nonFederal at 81–84 GHz), and broadcast 

and broadcast satellite (non-Federal at 

74–76 GHz). In addition, unlicensed 

vehicle radars are allowed to operate in 

the 76–77 GHz band. Krohne notes that 

these regions of the spectrum are 

similarly allocated in Europe and in the 

U.S., and ETSI studies have shown that 

there is little risk of interference from 

devices which emit at or below the 

general emission limits for unlicensed 

radiators. Moreover, Krohne states that 

TLPR antennas, by design, are directed 

downward and operate only inside of 

tank structures which further reduce 

any risk of harmful interference to other 

spectrum users. Accordingly, Krohne 

believes that there is little reason for the 

Commission not to consider adopting 

the same spectrum policies for TLPR 

devices as those that are being followed 

in Europe. The Commission seeks 

comment on whether it should allow 

TLPR devices to operate in the 75–85 

GHz band, including what impact, if 

any, such operations would have on 

authorized users in the band. The 

Commission invites commenters to 

submit into the record any technical 

studies on the feasibility of allowing 

TLPR devices to operate in the 75–85 

GHz frequency band. 

Radiated emission limits. Siemens 

requests that the Commission establish 

a peak EIRP level of +43 dBm for 

fundamental emissions for TLPR 

devices at 77–81 MHz, with 10 dB 

attenuation requirement at band edges 

and 20 dB attenuation requirement for 

peak spurious emissions. Siemens 

proposes that when a TLPR device is 

installed in a storage tank, the radiated 

emissions outside the TLPR tank 

enclosure at any frequency in the range 

of 40 to 250 GHz be limited to a level 

of ¥41.3 dBm/MHz, which is an 

equivalent isotropically radiated power 

(‘‘EIRP’’) level that approximates the 

general radiated emission limits for 

intentional radiators under § 15.209(a) 

of the rules. Siemens states that 

protection of co-channel users as well as 

other spectrum users in the 

harmonically related bands is assured 

by compliance of the TLPR device with 

the part 15 requirement for intentional 

radiators (i.e., attenuated to an EIRP 

level of ¥41.3 dBm/MHz), as measured 

in-situ outside the tank, and by 

attenuation of emissions at band edges 

and spurious emissions, as measured on 

tests on the radar transmitter by itself. 

As requested by Siemens, the 

Commission proposes to allow TLPR 

devices to operate in the 77–81 GHz 

band at a maximum peak EIRP of +43 

dBm. It is also proposing a maximum 

average EIRP of +23 dBm. This is 

consistent with the existing provision in 

our rules which specifies a limit on 

peak power that is 20 dB greater than 

the average limit. The Commission also 

proposes to require that when the radar 

is installed inside a storage tank, the 

device shall comply with the general 

radiated emission limits in § 15.209(a), 

in any direction outside the tank 

enclosure. The Commission proposes to 

apply the field strength emission limits 

in § 15.209(a), rather than the limit on 

EIRP requested by the petitioners to 

regulate emissions radiated from the 

enclosure. The specification of a limit 

based on EIRP is appropriate when 

discussing the level of emissions from a 

transmitter. However, the Commission 

believes that the levels of emissions 

radiated from an enclosure are more 

accurately characterized by a field 

strength specification. The Commission 

seeks comment on the proposals. 

Siemens suggests limits on radiated 

emissions outside the TLPR tank 

enclosure at any frequency in the range 

40 GHz to 250 GHz. The Commission 

notes that its current part 15 rules 

require measurements of a transmitter 

from the lowest fundamental frequency 

up to the fifth harmonic or 200 GHz, 

whichever is lesser. Measuring above 

200 GHz, as Siemens proposes, could 

require additional specialized 

measurement instrumentation which 

may not be readily available. The 

Commission seeks comments on 

potential problems that might be 

encountered in measuring emissions 

above 200 GHz. It further notes that if 

a radar transmitter generates any radio 

frequency signals below 40 GHz, e.g., if 

it contains digital circuitry such as a 

microprocessor, our rules require that 

measurements be made at frequencies 

lower than Siemens’ proposed 40 GHz 

lower limit. Similar requirements would 

apply to digital circuitry associated with 

the radar’s receiver. As such, the 

Commission believes that the part 15 

rules concerning emissions above and 

below 40 GHz are adequate for TLPR 

devices and do not think that it is 

necessary to extend the upper 

measurement frequency to 250 GHz 

from 200 GHz. The Commission seeks 

comments on this tentative conclusion. 

Radar Technique. The Commission 

observes that currently TLPR devices 

typically use either pulsed radar waves 

or frequency-modulated continuous 

waves (FMCW). In pulsed radars, short 

duration pulses are transmitted toward 

the target and the target distance is 

calculated using the transit time. In 

FMCW radars, a continuous frequencymodulated signal is transmitted, and the 

frequency difference caused by the time 

delay between transmission and 

reception indicates the target distance. 

The Commission believes that there 

should be no restriction to the type of 

radar technique used by the device, 

because the radar technique used does 

not appear to affect the interference 

potential of the device, as long as the 

device is compliant with the emission 

limits. The Commission notes that ETSI 

does not differentiate between radar 

equipment using FMCW or pulse in its 

standard. The Commission therefore 

proposes to make available the 77–81 

GHz frequency band for use by TLPR 

devices incorporating any radar 

technique, subject to the operational 

restrictions discussed in the NPRM. The 

Commission seeks comment on this 

proposal. 

Operational Restrictions. The 

Commission proposes to require that 

TLPR devices in the 77–81 GHz band be 

installed in tanks made of metal, 

concrete or material of similar 

characteristics that attenuate radiated 

emissions to the levels we proposed. It 

also proposes to require that a TLPR 

device be operated only when the tank 


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is closed. The Commission notes that in 

allowing the emission levels for the 

transmitter, the ETSI standard 

specifically states that the TLPR device 

must be installed in closed metallic 

tanks or reinforced concrete tanks, or 

similar enclosure structures made of 

material with comparable attenuating 

characteristics. In closed tanks made of 

metal or concrete material, the main 

emissions outside the tank typically 

result only from the leakage of the 

escaping radar signal through the 

transmitter enclosure or through the 

mounting flange of the TLPR devices. 

However, if the tank is open when the 

radar is operating, the radar signal can 

escape through any such opening. The 

Commission also observes that there is 

a large difference in attenuation 

coefficient between metal/concrete and 

plastic or fiberglass material. The 

Commission is therefore concerned that 

an open tank or a tank made of material 

other than metal and/or concrete may 

allow higher leakage of the radar signals 

through any opening and through the 

tank walls, which could potentially 

cause harmful interference to other 

radio services. The Commission seeks 

comment on these proposals to restrict 

the types of tanks these devices can be 

installed in. 

While the Commission is proposing to 

restrict the types of tank materials to 

metal and concrete, it is also requesting 

comment on Siemens’ request that the 

Commission allow the tank enclosure to 

be of any material type (e.g., plastic, 

fiberglass, etc.) The Commission notes 

that at the proposed +23 dBm EIRP 

average transmitted level, the TLPR 

signal must be attenuated by at least 

64.3 dB in order to meet the equivalent 

¥41.3 dBm EIRP of § 15.209 radiated 

emission limit of 500 μV/m at 3 meters. 

The Commission therefore seeks 

comment on whether it should also 

allow installation of TLPR devices in 

tanks made of other types of material of 

lesser attenuation coefficient, including 

open-air installations, and if so, what 

additional measures it should adopt to 

ensure that TLPR devices installed in 

such enclosures comply with the limit 

for radiated emissions outside the tank. 

Comments should address what 

additional limitations the Commission 

should place on such use and any 

supplemental parameters and 

measurement procedures it should 

consider. For example when other tank 

materials are employed, should a more 

stringent EIRP limit be imposed on the 

radar transmitter, and how can it be 

demonstrated that the material 

employed provides sufficient 

attenuation to ensure that the emissions 

do not exceed the limits in § 15.209? 

The Commission also proposes to 

limit installations of TLPR devices to 

fixed locations in commercial or 

industrial environments to minimize 

proximity to authorized services 

operating in the same frequency band. It 

seeks comment on this proposal. 

Compliance Testing. Siemens suggests 

a 2-tiered testing approach to ensure 

compliance of TLPR devices. It proposes 

that we require the transmitter’s output 

power to be tested to show compliance 

with the emission limits both in-band 

and at band edges and with unwanted 

emission limits. It further proposes that 

we require that the tank assembly be 

tested with the transmitter installed 

inside a representative storage tank at 

three representative customer’s sites for 

in-situ testing. Ohmart/VEGA suggests 

that testing for compliance with the 

limits when the TLPR is installed inside 

the tank could be performed at an open 

area test site (OATS) as well, rather than 

in-situ at customers’ sites. The 

Commission observes that testing the 

tank assembly at a test site raises a 

question of the types of tanks that can 

be provided by the testing organization, 

and whether they would be 

representative enclosures of comparable 

dimensions. It notes that ETSI allows 

the use of a metallic test tank at a test 

site. On the other hand, in-situ testing 

would require compliance tests to be 

performed on a representative tank 

made of each material type at three 

representative sites (e.g., a 

representative metallic tank at three 

representative sites, a representative 

concrete tank at three representative 

sites, etc.), which could prove 

burdensome to the applicant depending 

on the various enclosure types that are 

intended to be used with the radar. 

The Commission proposes to require 

that TLPR devices be subjected to a 

compliance test procedure that includes 

(a) testing of the transmitter’s 

characteristics (fundamental emissions 

and emissions at band edges, etc.); and 

(b) radiated emission testing of the radar 

installed inside representative storage 

tanks for each type of tank material. The 

Commission seeks comment on this 

proposal. It also seeks comment on 

whether testing should be performed insitu with the radar installed inside 

representative storage tanks at three 

installations for each type of tank 

material or if the in-situ testing could be 

replaced by measuring the attenuation 

characteristics of the type of material 

proposed to be used for the tank; and 

performing a radiated emission test at 

an open area test site (OATS) to 

demonstrate that the emissions that 

emanate from any part of the transmitter 

which is external to the tank, i.e., the 

portion of the transmitter that is not 

shielded by the tank material, comply 

with the § 15.209 emission limits in all 

directions. This alternative procedure 

would substitute for in-situ 

measurements, reducing the burden for 

the applicant, while ensuring that the 

system complies with the applicable 

emission limits. 

The Commission also proposes to 

require that TLPR devices designed to 

operate in the 77–81 GHz band be 

approved under the Commission’s 

certification procedures and that 

certification be performed by the 

Commission rather than by 

Telecommunications Certification 

Bodies (TCB). Because a standard test 

procedure for TLPR devices has not yet 

been devised, this will enable the 

Commission to develop appropriate 

measurement guidelines for devices 

operating in this frequency band. After 

the Commission has developed 

measurement guidelines and gained 

experience with these devices, it may 

allow certification by the TCBs. The 

Commission seeks comment on this 

proposal. 

The Commission is also granting 

waivers of the restriction on spurious 

emissions in the 77–81 GHz band set 

forth in § 15.205(a) to Siemens, Ohmart/ 

VEGA, and any other responsible party 

(e.g., Endress+Hauser) that meets the 

waiver conditions specified in this 

NPRM. The Commission finds that a 

waiver of the spurious emissions 

restriction of § 15.205(a) as requested by 

these petitioners will serve the public 

interest because it will allow 

deployment of TLPR devices with 

improved accuracy and reliability and 

will reduce risks caused by overfilling 

and accidental spillage of storage tanks, 

while the Commission considers 

modifying our general part 15 rules in 

the rulemaking proceeding that it is 

initiating. The Commission concludes 

that, with appropriate operational and 

technical restrictions, a waiver of the 

restriction on intentional emissions in 

§ 15.205(a) can be granted for a limited 

time pending the conclusion of our rule 

making without increasing the potential 

for harmful interference, and is 

therefore in the public interest. These 

findings apply equally to the requests of 

Siemens and Ohmart/VEGA. 

The Commission exempts TLPR 

devices from the restriction on 

intentional emissions in the 77–81 GHz 

band, it is requiring them to comply 

with our existing average radiated 

emissions limit for devices operating 

above 960 MHz, i.e., 500 μV/m or the 

equivalent of ¥41.3 dBm/MHz EIRP, as 


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measured at 3 meters. Further, the 

Commission requires that TLPR devices 

mandated and operated under the 

waiver meet all part 15 requirements, 

except for § 15.205(a), including the 20 

dB peak-to-average requirement of 

§ 15.35(b) which is also a controlling 

factor on peak emissions. 

Accordingly, with the exception of 

§ 15.205(a), the Commission will require 

TLPR devices operating under this 

waiver to comply with all applicable 

standards of part 15. The Commission 

further finds that allowing controlled 

deployments of TLPR devices operating 

under the waiver at fixed locations at 

industrial sites in metal or reinforced 

concrete storage tanks will serve the 

public interest by providing a reliable 

means of protecting the environment 

and the safety of employees in 

industrial processes from the risks of 

accidental spillage and exposure to high 

risk materials. These areas would 

include those that are critical to the 

country’s infrastructure, such as 

petrochemical and nuclear plants. 

Deployment of TLPR devices will 

enhance the security procedures of 

these areas, thereby facilitating 

homeland security efforts. The 

Commission will limit TLPR devices 

operating under this waiver to closed 

tanks made of metal or concrete only, 

for the reasons elaborated in 

conjunction with our proposed rule 

changes. 

In addition, the storage tanks in 

which the TLPR devices are to be 

mounted will be at fixed locations, thus 

increasing the likelihood that they will 

be located away from and thus not 

likely to interfere with authorized users 

in the band. Further, since TLPR 

installations will be limited to 

commercial/industrial applications, the 

Commission believes that such 

installations will be maintained by 

trained professionals, as noted by 

Siemens. Finally, the Commission finds 

that our compliance test procedure will 

provide assurance that not only the 

TLPR device’s design itself meets the 

fundamental emissions and spurious 

emissions requirements in our rules, but 

that the installation (TLPR device and 

storage tank) also comply with the rules. 

The Commission therefore concludes 

that the operational restrictions 

constitute good controlling factors on 

the scope and scale of use of TLPR 

devices operating under this waiver, 

thus minimizing their impact on 

authorized radio users in the band. 

The Commission has already 

determined that spurious emissions at 

39.6 dB higher than the limit in § 15.209 

would not result in harmful 

interference, even without separation 

requirements from radio astronomy 

sites. Further, NRAO states that it does 

not expect that TLPR devices will cause 

harmful interference to radio astronomy. 

The Commission believes that any 

concerns that NRAO has in this regard 

are adequately addressed with the other 

operational restrictions it is imposing 

(e.g., fixed location, commercial/ 

industrial applications) and if harmful 

interference does occur despite our 

expectation to the contrary, the TLPR 

device will be required to be shut down. 

With respect to Ohmart/VEGA’s offer 

to maintain a database of TLPR 

installations, we note that Siemens did 

not make a similar offer. The 

Commission recognizes that TLPR 

devices operating under this waiver will 

be fixed installations at commercial or 

industrial locations, where there likely 

would be few, if any, radio astronomy 

sites. Although the Commission believes 

that interference to radio astronomy is 

very unlikely under these conditions, it 

nonetheless will require that, for the 

duration of the waiver, Siemens and 

Ohmart/VEGA maintain lists of TLPR 

installations that will be available to the 

Commission in the event that an 

interference complaint is raised by an 

authorized user. Because customer 

information is competitively sensitive, 

the Commission will not require that the 

lists be publicly available. 

The Commission will not limit the 

number of TLPR installations during the 

waiver period, as Ohmart/VEGA offers. 

It is imposing a number of conditions on 

TLPR operation that reduces the 

likelihood of interference, e.g., fixed 

location, closed tank operation, metal or 

reinforced concrete storage tanks, and 

commercial/industrial locations. 

The Commission will allow other 

responsible parties, such as 

Endress+Hauser, to request certification 

of TLPR devices in the 77–81 GHz band, 

provided they meet the conditions 

described in the Order for operation in 

these bands. The certification 

application shall state that the party is 

seeking approval under the terms and 

conditions of the Order, and approved 

devices will be subject to these terms 

and conditions. If a responsible party 

cannot attest that its TLPR device meets 

the terms and conditions of this Order, 

the Commission will not consider its 

certification application unless that 

party has requested a waiver of 

applicable rules. 

Accordingly, for a period of two years 

or for a period of 180 days following the 

adoption of a Report and Order in this 

proceeding, whichever is longer, the 

Commission is waiving the intentional 

emissions restriction of § 15.205(a) to 

allow any TLPR manufacturer to obtain 

FCC certification for its TLPR devices to 

operate in the 77–81 GHz band subject 

to compliance with the following 

provisions: 

(1) The TLPR device shall comply 

with all the technical specifications 

applicable to operation under part 15 of 

47 CFR with the exception of 

§ 15.205(a), and shall be certified by the 

Commission. 

(2) The TLPR device shall be 

subjected to compliance testing to 

demonstrate that: 

i. The TLPR device’s fundamental 

emissions shall comply with a peak 

radiated EIRP limit of +43 dBm and an 

average EIRP limit of +23 dBm in the 

77–81 GHz band. 

ii. Emissions from the device 

appearing outside of the 77–81 GHz 

band shall be attenuated to at least 20 

dB below the highest level of the 

fundamental emission. The ¥20 dB 

bandwidth of the device must be 

contained within the 77–81 GHz band, 

under all conditions of operation 

including the effects from pulsing or 

other modulation techniques that may 

be employed as well as the frequency 

stability of the transmitter over the 

temperature range ¥20 to +50 degrees 

Celsius and an input voltage variation of 

85% to 115% of rated input voltage. 

iii. When installed in a storage tank, 

emissions radiated in any direction from 

the TLPR shall not exceed the general 

limits in § 15.209 of the rules. Testing in 

a storage tank shall be performed on 

each type of representative tank. 

(3) The TLPR device shall be installed 

in storage tanks made of metal, concrete 

or material with similar attenuating 

characteristics only. The tank shall be 

closed when the radar device is 

operating. Care shall be taken to ensure 

that gaskets, flanges, and other openings 

are sealed to eliminate signal leakage 

outside of the structure. 

(4) The TLPR device shall be installed 

only at fixed locations. 

(5) The applicant shall maintain a 

record of installations of the devices it 

operates or sells under this waiver, 

including the identity of the customer 

and the address or geographical 

coordinates of each installation, for the 

duration of the waiver. This record shall 

be made available to the Commission 

upon request. 

Ordering Clauses 

Pursuant to §§ 1, 4(i), 303(f), 303(g), 

and 303(r) of the Communications Act 

of 1934, as amended, 47 U.S.C. 151, 

154(i), 303(g), and 303(r), the Notice of 

Proposed Rule Making is adopted and 

the Petition for Rule Making by Siemens 

Milltronics Process Instruments, Inc. 


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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9855 

filed on November 3, 2006, is hereby 

granted to the extent described herein. 

Pursuant to authority in § 1.3 of the 

Commission’s rules, 47 CFR 1.3, and 

§§ 4(i), 302, and 303(e), of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 302, and 

303(e), the Request for Waiver filed by 

Siemens Milltronics Process 

Instruments, Inc. filed on November 3, 

2006, is granted, consistent with the 

terms of this Order. This action is 

effective upon release of the Order. 

Pursuant to authority in § 1.3 of the 

Commission’s rules, 47 CFR 1.3, and 

§§ 4(i), 302, and 303(e), of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 302, and 

303(e), the Request for Waiver filed by 

Ohmart/VEGA Corp. filed on April 30, 

2007, is granted in part and denied in 

part consistent with the terms of the 

Order. This action is effective upon 

release of the Order. 

Pursuant to authority delegated in 

§ 0.241 of the Commission’s rules, 47 

CFR 0.241, the Office of Engineering 

and Technology may approve 

equipment certification applications 

consistent with the terms and 

conditions of the waivers granted by the 

Order for any responsible party that 

attests and demonstrates in its 

application that it seeks approval under 

and satisfies the terms and conditions of 

the Order. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Notice of Proposed Rule Making and 

Order, including the Initial Regulatory 

Flexibility Analysis to the Chief Counsel 

for Advocacy of the Small Business 

Administration. 

Initial Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this present Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

a substantial number of small entities by 

the policies and rules proposed in the 

NPRM. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments provided on the first page of 

the NPRM. The Commission will send 

a copy of the NPRM, including this 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA). 

A. Need for, and Objectives of, the 

Proposed Rules 

The rule making proposal was 

initiated to obtain comments regarding 

proposed changes to the regulations for 

radio frequency devices that do not 

require a license to operate. The 

Commission seeks to determine if the 

standards should be amended to permit 

intentional emissions in the 77–81 GHz 

by tank level probing radars (TLPR) to 

provide better accuracy and reliability 

in target resolution to identify critical 

levels of materials such as fuel, water 

and sewer treated waste and high risk 

substances. Specifically, we propose to 

allow intentional emissions in the 77– 

81 GHz restricted band for TLPR devices 

used in closed storage tanks and vessels 

made of metal, concrete or comparable 

material, at petroleum and chemical 

production and storage facilities and 

similar industrial sites. The Commission 

believes that our proposals herein 

would enable TLPR devices to provide 

better accuracy and reliability in target 

resolution to identify critical levels of 

materials such as fuel, water and sewer 

treated waste and high risk substances. 

The proposed amendments to our rules 

will permit these devices to operate 

effectively and reliably, reducing storage 

tank overfill and spilling while 

minimizing exposure of maintenance 

personnel to high risk materials, all 

without increasing the risk of 

interference to authorized services. 

B. Legal Basis 

The proposed action is taken pursuant 

to §§ 4(i), 301, 302, 303(e), 303(f), 303(r), 

304 and 307 of the Communications Act 

of 1934, as amended, 47 U.S.C. 154(i), 

301, 302, 303(e), 303(f), 303(r), 304 and 

307. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

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 proposed 

rules, if adopted. The RFA generally 

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 SBA. 

Radio and Television Broadcasting 

and Wireless Communications 

Equipment Manufacturing. 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. 

Wireless Service Providers. The SBA 

has developed a small business size 

standard for wireless firms within the 

two broad economic census categories 

of ‘‘Paging’’ and ‘‘Cellular and Other 

Wireless Telecommunications.’’ Under 

both categories, the SBA deems a 

wireless business to be small if it has 

1,500 or fewer employees. For the 

census category of Paging, Census 

Bureau data for 2002 show that there 

were 807 firms in this category 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. Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. For the census category of 

Cellular and Other Wireless 

Telecommunications, Census Bureau 

data for 2002 show that there were 1,397 

firms in this category 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, under this second category 

and size standard, the majority of firms 

can, again, be considered small. 

The Commission does not expect that 

the rules proposed in the NPRM will 

have a significant negative economic 

impact on small businesses. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

Part 15 transmitters already are 

required to be authorized under the 

Commission’s certification procedure as 

a prerequisite to marketing and 

importation. The reporting and 

recordkeeping requirements associated 


sroberts on DSKD5P82C1PROD with PROPOSALS
9856 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

with these equipment authorizations 

would not be changed by the proposals 

contained in this Notice. The changes to 

the regulations would permit operation 

of radar devices used in specific 

industrial applications in a higher 

frequency band (77–81 GHz). 

E. Federal Rules That May Duplicate, 

Overlap or Conflict With the Proposed 

Rules 

None. 

List of Subjects in 47 CFR Part 15 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 15 to read as follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302(a), 303, 304, 

307, 336 and 544a. 

2. Section 15.205 is amended by 

revising paragraph (d)(4) to read as 

follows: 

§ 15.205 Restricted bands of operation. 

* * * * * 

(d) * * * 

(4) Any equipment operated under the 

provisions of § 15.253, § 15.255, 

§ 15.256 or § 15.257 of this part. 

* * * * * 

3. Section 15.256 is added to read as 

follows: 

§ 15.256 Operation within the band 77–81 

GHz. 

(a) Operation within the 77–81 GHz 

band is limited to tank level probing 

radars (TLPR) under the provisions of 

this section. 

(1) TLPR transmitters must be 

operated only while mounted inside 

storage tanks or similar structures with 

antennas directed downward. Such 

storage structures shall be made of 

metal, concrete or other material with 

substantially similar attenuating 

characteristics. The tank shall be closed 

during the operation of the intentional 

radiator. Care shall be taken to ensure 

that gaskets, flanges, and other openings 

are sealed to eliminate signal leakage 

outside of the structure. 

(2) Storage tanks or structures housing 

a TLPR device shall be installed only in 

fixed locations and in commercial or 

industrial environments. 

(b) The emission levels shall not 

exceed the following: 

(1) Within the 77–81 GHz band, the 

equivalent isotropically radiated power 

(EIRP) of the TLPR transmitter without 

the storage tank shall not exceed +43 

dBm peak and +23 dBm average. 

(2) Emissions appearing outside of the 

77–81 GHz band shall be attenuated to 

at least 20 dB below the highest level of 

the fundamental emission. The ¥20 dB 

bandwidth of the device must be 

contained within the 77–81 GHz band 

under all conditions of operation 

including the effects from pulsing or 

other modulation techniques that may 

be employed as well as the frequency 

stability of the transmitter over the 

temperature range ¥20 to +50 degrees 

Celsius and an input voltage variation of 

85% to 115% of rated input voltage. 

(3) Emissions radiated in any 

direction from the TLPR while installed 

in the storage tank or enclosure shall not 

exceed the general limits in 15.209 of 

this part. 

(4) Compliance measurements for 

TLPR devices shall be made in 

accordance with the measurement 

guidelines specified by the Commission 

for TLPR devices operating in the 77–81 

GHz band. 

[FR Doc. 2010–4562 Filed 3–3–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 09–52; FCC 10–24] 

Policies To Promote Rural Radio 

Service and To Streamline Allotment 

and Assignment Procedures 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission adopted a Further Notice of 

Proposed Rulemaking (FNPRM), in 

which it announced that it was 

considering, without proposing specific 

rules, two issues urged by commenters 

in this proceeding. First, the 

Commission is considering whether, 

how, and under what circumstances 

federally-recognized Native American 

Tribes and Alaska Native Villages 

(Tribes) should receive a bidding credit 

in auctions for new radio stations. 

Second, the Commission is considering 

whether and how the Tribal Priority 

adopted in the First Report and Order 

(First R&O) in this proceeding might be 

claimed by Tribes that do not possess 

defined tribal lands. 

DATES: Comments may be filed on or 

before May 3, 2010 and reply comments 

may be filed on or before June 2, 2010. 

Written comments on the Paperwork 

Reduction Act proposed information 

collection requirements must be 

submitted by the public, Office of 

Management and Budget (OMB), and 

other interested parties on or before May 

3, 2010. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 09–52, 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. 

• E-mail: ecfs@fcc.gov. Include the 

docket number in the subject line of the 

message. See the SUPPLEMENTARY

INFORMATION section of this document 

for detailed information on how to 

submit comments by e-mail. 

• Mail: 445 12th Street, SW., 

Washington, DC 20554. 

• 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: 

Peter Doyle, Chief, Media Bureau, 

Audio Division, (202) 418–2700; 

Thomas Nessinger, Attorney-Advisor, 

Media Bureau, Audio Division, (202) 

418–2700. 

For additional information concerning 

the Paperwork Reduction Act 

information collection requirements 

contained in this document, contact 

Cathy Williams at 202–418–2918, or via 

the Internet at Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking, FCC 

10–24, adopted January 28, 2010, and 

released February 3, 2010. 

Initial Paperwork Reduction Act of 

1995 Analysis 

The FNPRM contains potential 

information collection requirements 

subject to the PRA, Public Law 104–13. 

OMB, the general public, and other 

Federal agencies are invited to comment 

on the potential new and modified 

information collection requirements 


sroberts on DSKD5P82C1PROD with PROPOSALS