17052 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

ensure compliance with the flight time 

disclosure requirements in the rule. 

Taking into consideration all the 

comments, including the fact that there 

are limited objections to ATA’s request 

for an extension of time, the Department 

believes this timeline adequately 

balances the benefit of having accurate 

and complete flight delay data available 

to consumers with the capability of 

airlines to comply with the additional 

requirements being imposed upon them 

in a reasonable timeframe. 

Regulatory Analyses and Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

This final rule is not a significant 

regulatory action under Executive Order 

12866 and the Department of 

Transportation’s Regulatory Policies and 

Procedures. Accordingly, this final rule 

has not been reviewed by the Office of 

Management and Budget (OMB). 

B. Regulatory Flexibility Act 

Pursuant to section 605 of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 605(b), as amended by the Small 

Business Regulatory Enforcement and 

Fairness Act of 1996 (SBREFA), DOT 

certifies that this final rule does not 

have a significant impact on a 

substantial number of small entities. 

The final rule does not impose any 

duties or obligations on small entities. 

C. Executive Order 13132 (Federalism) 

This Final Rule does not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and therefore does 

not have federalism implications. 

D. Executive Order 13084 

This Final Rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because the rule does not significantly 

or uniquely affect the communities of 

the Indian tribal governments or impose 

substantial direct compliance costs on 

them, the funding and consultation 

requirements of Executive Order 13084 

do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that DOT consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of PRA 

section 3507(d), obtain approval from 

the Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. DOT has 

determined that there are no new 

information collection requirements 

associated with this final rule. The final 

rule allows an additional 60 days to 

comply with a regulatory provision 

whose paperwork impact has already 

been analyzed by the Department. 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this Final Rule. 

Issued this March 30, 2010, in Washington, 

DC. 

Ray LaHood, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 234 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Department further 

amends 14 CFR part 234 as amended in 

the final rule published December 30, 

2009 (74 FR 69002), effective April 29, 

2010, as follows: 

PART 234—AIRLINE SERVICE 

QUALITY PERFORMANCE REPORTS 

■ 1. The authority citation for Part 234 

continues to read as follows: 

Authority: 49 U.S.C. 329 and chapters 401 

and 417. 

■ 2. In § 234.11, as amended in the final 

rule published December 30, 2009 (74 

FR 69002), effective April 29, 2010, add 

paragraph (d) to read as follows: 

§ 234.11 Disclosure to consumers. 

* * * * * 

(d) A reporting carrier must meet the 

requirements of paragraphs (b) and (c) of 

this section by June 29, 2010. 

[FR Doc. 2010–7627 Filed 4–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 748, 750, and 762 

[Docket No. 0907201151–0114–02] 

RIN 0694–AE66 

Issuance of Electronic Documents and 

Related Recordkeeping Requirements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule enables BIS to 

eliminate the paper versions of most 

export and reexport licenses, notices of 

denial of license applications, notices of 

return of a license application without 

action, notices of results of classification 

requests, License Exception AGR 

notification results, and encryption 

review request results. This rule also 

changes certain recordkeeping 

requirements associated with the 

elimination of paper documents. BIS is 

making these changes to reduce mailing 

costs and to free up staff time currently 

devoted to mailing these documents for 

use in other tasks. 

DATES: This rule is effective May 5, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Andrukonis, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce 

at 202 482 6393 or e-mail 

tandrukoi@bis.doc.gov 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

administers an export licensing program 

pursuant to the Export Administration 

Regulations. As part of this program, 

BIS issues various documents in 

response to applications and 

notifications submitted to BIS by the 

public. Those documents include export 

licenses, reexport licenses, notices that 

an export or reexport license application 

has been denied, notices that an export 

or reexport license application is being 

returned to the applicant without 

action, responses to License Exception 

AGR notifications, notices of the results 

of classification requests, and notices of 

the results of encryption review 

requests. Collectively, these documents 

are referred to in this preamble as 

‘‘license related documents.’’ 

Currently, BIS issues license related 

documents in two ways: Electronically 

in BIS’s Simplified Network 

Application Processing Redesign system 

(SNAP–R) and on paper. Most license 

related documents are issued in both 

electronic and paper form. However, a 

few such documents are issued only on 

paper. On December 4, 2009, BIS issued 

a proposed rule that would allow it to 

eliminate the paper version of the 

license related documents that it 

currently issues both electronically in 

SNAP–R and on paper (74 FR 63685, 

December 4, 2009). The last day of the 

comment period for that proposed rule 

was February 2, 2010. BIS received no 

public comments on that proposed rule. 

Accordingly, this final rule adopts the 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17053 

text of the proposed rule and makes one 

minor correction to pre-existing text. 

The EAR require that export license 

applications, reexport license 

applications, License Exception AGR 

notifications, encryption review 

requests, and classification requests be 

submitted to BIS electronically using 

SNAP–R, except in individual instances 

where BIS authorizes a paper 

submission. The license related 

documents associated with a SNAP–R 

submission are issued on line in 

SNAP–R where the submitter may view, 

save, or print a copy. In addition, a 

paper version of each of those 

documents is mailed to the submitter. 

There are two situations in which BIS 

issues only a paper version of a license 

related document: When BIS authorized 

a paper submission, and when BIS must 

reissue the license related document 

because it reopened a matter previously 

considered to be completed. BIS does 

not intend to stop issuing paper license 

related documents in those two 

situations. BIS also does not intend to 

change its practices regarding issuance 

of Special Comprehensive Licenses or 

Special Iraq Reconstruction Licenses, 

both of which are paper-based 

processes. BIS intends to discontinue 

issuing paper documents in the 

situations where it currently issues both 

paper and electronic versions of license 

related documents. BIS is also making 

certain changes to the EAR 

recordkeeping requirements in 

connection with this change. 

Specific Changes Made by This Rule 

Clarification That Electronic 

Notification in SNAP–R Is Considered 

To Be, for Purposes of the EAR, Written 

Notification of the Results of a License 

Exception AGR Request 

This rule revises § 740.18(c)(5) to state 

that BIS will issue confirmation in 

SNAP–R or via paper of the decision 

that no agency has objected to a party’s 

proposed use of License Exception AGR. 

Previously, § 740.18(c)(5) merely stated 

that BIS will issue a written 

confirmation. 

Removal of Requirement To Maintain a 

Log of Electronic Submissions 

This rule removes the requirement 

previously found in § 748.7(c) of the 

EAR to maintain a log of electronic 

submissions. That requirement was 

established in connection with BIS’s 

initial electronic application process, 

which was instituted in the 1980s. At 

that time, electronic submissions were 

facilitated by a number of private sector 

vendors and the logs may have been 

necessary for auditing purposes. 

However, the information required to be 

kept in the log duplicates information 

that parties are required to include in 

their SNAP–R submissions or that is 

automatically recorded by SNAP–R, 

making the information in the log 

redundant of information available to 

BIS in SNAP–R. The rule this log 

maintenance requirement by removing 

paragraph (c) of § 748.7 and 

redesignating existing paragraph (d) as 

paragraph (c). 

Removal of Language Relating to 

‘‘Computer Generated’’ Licenses, the 

Department of Commerce Seal and 

Attachments to Licenses 

This rule revises § 750.7(b) to state 

that BIS may issue export and reexport 

licenses either electronically or on 

paper and that each license will bear a 

license number. Previous language 

regarding ‘‘computer generated’’ 

licenses, the Department of Commerce 

seal and attachments to licenses have 

been removed as has an explicit 

requirement that exporters use the 

license number when communicating 

with BIS about the license. The final 

rule language allows BIS to exercise 

discretion in deciding whether to issue 

a license electronically in SNAP–R or 

on paper. However, BIS expects that it 

will issue nearly all licenses 

electronically. Unless some exceptional 

circumstances exist, only licenses for 

which the applicant was authorized to 

file the application on paper and 

licenses that BIS cannot issue 

electronically (currently, only reopened 

licenses) will be issued on paper. BIS is 

making this change to reduce the costs 

of generating and mailing paper copies 

of licenses and to be able to assign to 

other tasks the staff that otherwise 

would be needed to handle paper 

licenses. Because no EAR provision 

previously addressed issuance of the 

other license related documents with 

the specificity with which § 750.7(b) 

addresses licenses, only § 750.7(b) must 

be modified to implement this change. 

Removal of Requirement To Attach a 

Replacement License to the Original 

This rule revises § 750.7(h)(4) to 

remove a requirement that the license 

holder attach a replacement license 

issued by BIS to the original license that 

it replaces. That requirement dates to an 

era in which electronic licenses did not 

exist and is impractical with electronic 

licenses issued in SNAP–R. This rule 

retains the requirement that the license 

holder keep both the original license 

and the replacement license. 

Removal of Requirement To Retain 

Copies of Documents Submitted to BIS 

via the SNAP–R System 

This rule exempts parties who submit 

documents to BIS via BIS’s SNAP–R 

system from requirements to retain 

copies of documents so submitted even 

though those documents are ‘‘export 

control documents’’ as defined in part 

772 of the EAR. BIS believes the 

reliability of the SNAP–R system 

provides adequate assurance that the 

documents received by BIS were 

submitted and that all submitted 

documents are received by BIS. This 

change would not preclude parties from 

storing copies of these documents. 

Addition of Certain Documents To 

Recordkeeping Requirements in 

Part 762 

This rule adds the following 

documents to the list of documents 

required to be kept as set forth in 

§ 762.2(a)(10) required to be kept: 

Notification from BIS that an 

application is being returned without 

action; notification from BIS that an 

application is being denied; notification 

from BIS of the results of a commodity 

classification or encryption review 

request conducted by BIS. BIS believes 

that requiring recipients of these 

documents to retain them is needed to 

confirm receipt and to verify that the 

recipient received notice of the terms of 

the document. This rule does not 

require parties to retain requests for 

additional information concerning 

active matters that they receive from 

BIS. 

Application of Original Document 

Retention Requirement to Documents 

Issued in SNAP–R 

Parties who receive documents issued 

by BIS in SNAP–R may store the 

documents in two ways, and either 

would meet the requirement of § 762.5 

that original documents be retained. The 

two ways are: Storage of complete 

documents issued by BIS in SNAP–R 

electronically in a format readable by 

software possessed by the recipient 

party; or storage of a complete printed 

paper copy of the document. Either way 

would provide an accurate 

representation of the contents of the 

record and, therefore, either should be 

treated as the equivalent of an original 

document. This final rule also makes 

one minor correction to the proposed 

rule text of § 762.4. 

Section 762.4 consists of one 

paragraph. When stating that either 

storage method described in this 

paragraph would be deemed to be an 

original, the proposed rule text used the 


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17054 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

phrase ‘‘for purposes of this paragraph.’’ 

The final rule replaces the word 

‘‘paragraph’’ in that phrase with the 

word ‘‘section’’ to be consistent with 

standard Code of Federal Regulations 

nomenclature practices. 

Reasons for the Changes 

BIS has been expending funds and 

staff time to mail to certain parties 

information that is entirely duplicative 

of information that BIS sends to those 

same parties electronically. The changes 

in this rule will help BIS to reduce its 

operating costs and free the staff time 

that otherwise would be devoted to 

mailing paper documents to be used for 

other purposes. BIS estimates that in 

recent years it has spent approximately 

$25,000 annually in direct mailing costs 

(envelopes, supplies and postage) to 

send out paper copies of licenses, 

responses to classification requests, 

responses to encryption review requests, 

and License Exception AGR 

notifications. BIS also has been 

spending about 1.5 hours of staff time 

daily in connection with mailing these 

documents. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of E.O. 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is subject to a penalty 

for failure to comply with, a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

contains a collection previously 

approved by OMB under control 

number 0694–0096 which carries a 

burden hour estimate of 58 minutes to 

prepare and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS believes that the 

changes implemented by this rule will 

not materially affect this burden. Send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Room 2705, 14th Street and 

Pennsylvania Ave., NW., Washington, 

DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Chief Counsel for Regulations 

of the Department of Commerce 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration at the proposed rule 

stage that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The rationale for that certification was 

set forth in the preamble to the 

proposed rule (74 FR 63686, December 

4, 2009). BIS received no comments on 

the certification. As a result, a final 

regulatory impact analysis is not 

required and none has been prepared. 

List of Subjects 

15 CFR Parts 740, 748, and 750 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 762 

Administrative practice and 

procedure, Business and industry, 

Confidential business information, 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 2. Section 740.18 is amended by 

revising the sixth sentence of paragraph 

(c)(5) to read as follows: 

§ 740.18 Agricultural commodities (AGR). 

* * * * * 

(c) * * * 

(5) * * * BIS will issue written 

confirmation electronically in SNAP–R 

or via paper. * * * 

* * * * * 

PART 748—[AMENDED] 

■ 3. The authority citation for part 748 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 13, 2009, 74 FR 41325 (August 14, 

2009). 

§ 748.7 [Amended] 

■ 4. Section 748.7 is amended by 

removing paragraph (c) and 

redesignating paragraph (d) as 

paragraph (c). 

PART 750—[AMENDED] 

■ 5. The authority citation for part 750 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec. 1503, Pub. L. 108– 

11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; Notice 

of August 13, 2009, 74 FR 41325 (August 14, 

2009). 

§ 750.7 [Amended] 

■ 6. Section 750.7 is amended by 

removing the final sentence from 

paragraph (a) and by revising paragraph 

(b) and paragraph (h)(4) to read as 

follows: 

§ 750.7 Issuance of licenses. 

* * * * * 

(b) Issuance of a license. BIS may 

issue a license electronically via its 

Simplified Network Application 

Processing (SNAP–R) system or via 

paper or both electronically and via 

paper. Each license has a license 

number that will be shown on the 

license. 

* * * * * 

(h) * * * 

(4) Replacement license. If you have 

been issued a ‘‘replacement license’’ (for 

changes to your original license not 

covered in paragraph (c) of this section), 

you must retain both the original and 

the replacement license. 

* * * * * 

PART 762—[AMENDED] 

■ 7. The authority citation for part 762 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

13, 2009, 74 FR 41325 (August 14, 2009). 

§ 762.2 [Amended] 

■ 8. Section 762.2 is amended by: 

■ a. Revising paragraph (a)(1), 

■ b. Removing the comma and the word 

‘‘and’’ from the end of paragraph (a)(9) 

and adding in their place, a semicolon, 

■ c. Redesignating paragraph (a)(10) as 

paragraph (a)(11), and 

■ d. Adding a new paragraph (a)(10) to 

read as follows: 

§ 762.2 Records to be retained. 

(a) * * * 

(1) Export control documents as 

defined in part 772 of the EAR, except 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17055 

parties submitting documents 

electronically to BIS via the SNAP–R 

system are not required to retain copies 

of documents so submitted; 

* * * * * 

(10) Notification from BIS of an 

application being returned without 

action; notification by BIS of an 

application being denied; notification 

by BIS of the results of a commodity 

classification or encryption review 

request conducted by BIS; and, 

* * * * * 

■ 9. Section 762.4 is amended by adding 

a sentence at the end of the section to 

read as follows: 

§ 762.4 Original records required. 

* * * With respect to documents that 

BIS issues to a party in SNAP–R, either 

an electronically stored copy in a format 

that makes the document readable with 

software possessed by that party or a 

paper print out of the complete 

document is deemed to be an original 

record for purposes of this section. 

Dated: March 29, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–7639 Filed 4–2–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 090122043–0128–03] 

RIN 0648–AX37 

Gray’s Reef National Marine Sanctuary 

Regulations on the Use of Spearfishing 

Gear; Correction 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Correcting amendment. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

published a document in the Federal 

Register on February 19, 2010 (75 FR 

7361) on the use and possession of 

spearfishing gear in Gray’s Reef National 

Marine Sanctuary. That document was 

inadvertently missing a word in 

§ 922.92(a)(11)(iii). This document 

corrects the final regulations by revising 

that section. 

DATES: Effective Date: April 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Resource Protection Coordinator Becky 

Shortland at (912) 598–2381. 

SUPPLEMENTARY INFORMATION: NOAA 

issued final regulations, effective March 

22, 2010, that included a description of 

new requirements on the use and 

possession of spearfishing gear in Gray’s 

Reef National Marine Sanctuary (75 FR 

7361). After the regulations were 

published NOAA became aware of a 

word that was inadvertently left out of 

the regulatory text. This notice corrects 

the grammatical error in Part 922.92 

(a)(11)(iii) by adding the word ‘‘it’’ to the 

paragraph. The intent of the regulation 

is not affected by this correction. 

Classification 

A. Executive Order 12866: Regulatory 

Impact 

This final rule has been determined to 

be not significant within the meaning of 

Executive Order 12866. 

B. Administrative Procedure Act/ 

Regulatory Flexibility Act 

The Acting Assistant Administrator 

finds good cause pursuant to 5 U.S.C. 

553(b)(B) to waive the notice and 

comment requirements because it is 

unnecessary. This rule corrects a 

grammatical error in the regulations that 

does not have substantive impacts. The 

intent of the regulation is not affected by 

the error. NOAA has decided to make 

this document effective immediately 

because public comment and delayed 

effective date are not necessary due to 

the minimal nature of the correcting 

amendment. This rule corrects a 

grammatical error in the regulations that 

does not have substantive impacts. For 

the reasons above, the Acting Assistant 

Administrator finds good cause to waive 

the 30-day delay in effectiveness. 

C. Regulatory Flexibility Act 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: March 31, 2010. 

Holly Bamford, 

Deputy Acting Assistant Administrator for 

Ocean Services and Coastal Zone 

Management. 

■ Accordingly, for the reasons set forth 

above, 15 CFR part 922 is corrected by 

making the following correcting 

amendments: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

■ 1. The authority citation for part 922 

continues to read as follows: 

Authority: 16 U.S.C. 1431 et seq. 

■ 2. Amend § 922.92 by revising 

paragraph (a)(11)(iii) as follows: 

§ 922.92 Prohibited or otherwise regulated 

activities. 

(a) * * * 

(11) * * * 

(iii) Spearfishing gear provided that it 

is stowed on a vessel, not available for 

immediate use, and the vessel is passing 

through the Sanctuary without 

interruption; and 

* * * * * 

[FR Doc. 2010–7665 Filed 4–2–10; 8:45 am] 

BILLING CODE 3510–NK–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 74 and 78 

[ET Docket No. 03–254; FCC 10–15] 

Coordination Between the NonGeostationary and Geostationary 

Satellite Orbit 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document the 

Commission specifies rules and 

procedures to be used for frequency 

coordination between terrestrial 

Broadcast Auxiliary Service and Cable 

Television Relay Service (BAS/CARS) 

operations and geostationary satellite 

orbit (GSO) or non-geostationary 

satellite orbit (NGSO) fixed-satellite 

service (FSS) operations in the 6875– 

7075 MHz (7 GHz) and 12750–13250 

MHz (13 GHz) bands. At this time the 

Commission did not adopt a ‘‘Growth 

Zone’’ proposal that would have 

supplemented our existing terrestrial 

coordination procedures between NGSO 

FSS space-to-Earth operations and 

existing fixed service (FS) operations in 

the 10.7–11.7 GHz (10 GHz) band, and 

will retain our existing coordination 

rules. 

DATES: Effective May 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

James Miller, (202) 418–7351, e-mail 

James.Miller@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, ET Docket No. 03–254, FCC 

10–15, adopted January 14, 2010, and 


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