Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47107 

(C) For purposes of the crosspolarized EIRP table, the off-axis angle 

is the angle in degrees from the line 

connecting the focal point of the 

antenna to the orbital location of the 

target satellite and the plane of the GSO 

as defined in paragraph (b)(1)(i)(A) of 

this section will be used. 

(ii) A certification, in Schedule B, that 

the ESV antenna conforms to the gain 

pattern criteria of § 25.209(a) and (b), 

that, combined with the maximum 

input power density calculated from the 

EIRP density less the antenna gain, 

which is entered in Schedule B, 

demonstrates that the off-axis EIRP 

spectral density envelope set forth in 

paragraphs (a)(1)(i)(A) through 

(a)(1)(i)(C) of this section will be met 

under the assumption that the antenna 

is pointed at the target satellite. 

(iii) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(A) of this section, 

must provide a certification from the 

equipment manufacturer stating that the 

antenna tracking system will maintain a 

pointing error of less than or equal to 

0.2ß between the orbital location of the 

target satellite and the axis of the main 

lobe of the ESV antenna and that the 

antenna tracking system is capable of 

ceasing emissions within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the ESV 

antenna exceeds 0.5°. 

(iv) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(B) of this section 

must: 

(A) Declare, in their application, a 

maximum antenna pointing error and 

demonstrate that the maximum antenna 

pointing error can be achieved without 

exceeding the off-axis EIRP spectraldensity limits in paragraph (a)(1)(A) of 

this section; and 

(B) Demonstrate that the ESV 

transmitter can detect if the transmitter 

exceeds the declared maximum antenna 

pointing error and can cease 

transmission within 100 milliseconds if 

the angle between the orbital location of 

the target satellite and the axis of the 

main lobe of the ESV antenna exceeds 

the declared maximum antenna 

pointing error, and will not resume 

transmissions until the angle between 

the orbital location of the target satellite 

and the axis of the main lobe of the ESV 

antenna is less than or equal to the 

declared maximum antenna pointing 

error. 

(2) An ESV applicant proposing to 

implement a transmitter under 

paragraph (a)(2) of this section and 

using off-axis EIRP spectral-densities in 

excess of the levels in paragraph (a)(1)(i) 

of this section shall provide the 

following certifications and 

demonstration as exhibits to its earth 

station application: 

(i) A statement from the target satellite 

operator certifying that the proposed 

operation of the ESV has the potential 

to create harmful interference to satellite 

networks adjacent to the target 

satellite(s) that may be unacceptable. 

(ii) A statement from the target 

satellite operator certifying that the 

power-density levels that the ESV 

applicant provided to the target satellite 

operator are consistent with the existing 

coordination agreements between its 

satellite(s) and the adjacent satellite 

systems within 6° of orbital separation 

from its satellite(s). 

(iii) A statement from the target 

satellite operator certifying that it will 

include the power-density levels of the 

ESV applicant in all future coordination 

agreements. 

(iv) A demonstration from the ESV 

operator that the ESV system is capable 

of detecting and automatically ceasing 

emissions within 100 milliseconds 

when the transmitter exceeds the offaxis EIRP spectral-densities supplied to 

the target satellite operator. 

(3) There shall be an exhibit included 

with the application describing the 

geographic area(s) in which the ESVs 

will operate. 

(4) The point of contact referred to in 

paragraph (a)(3) of this section and, if 

applicable paragraph (a)(6) of this 

section, must be included in the 

application. 

(5) ESVs that exceed the radiation 

guidelines of § 1.1310 of this chapter, 

Radiofrequency radiation exposure 

limits, must provide, with their 

environmental assessment, a plan for 

mitigation of radiation exposure to the 

extent required to meet those 

guidelines. 

(c) Operations of ESVs in the 14.0– 

14.2 GHz (Earth-to-space) frequency 

band within 125 km of the NASA 

TDRSS facilities on Guam (located at 

latitude: 13°36′55′′ N, longitude 

144°51′22′′ E) or White Sands, New 

Mexico (latitude: 32°20′59′′ N, longitude 

106°36′31′′ W and latitude: 32°32′40′′ N, 

longitude 106°36′48′′ W) are subject to 

coordination through the National 

Telecommunications and Information 

Administration (NTIA) Interdepartment 

Radio Advisory Committee (IRAC). 

When NTIA seeks to provide similar 

protection to future TDRSS sites that 

have been coordinated through the 

IRAC Frequency Assignment 

Subcommittee process, NTIA will notify 

the Commission that the site is nearing 

operational status. Upon public notice 

from the Commission, all Ku-band ESV 

operators must cease operations in the 

14.0–14.2 GHz band within 125 km of 

the new TDRSS site until after NTIA/ 

IRAC coordination for the new TDRSS 

facility is complete. ESV operations will 

then again be permitted to operate in the 

14.0–14.2 GHz band within 125 km of 

the new TDRSS site, subject to any 

operational constraints developed in the 

coordination process. 

(d) Operations of ESVs in the 14.47– 

14.5 GHz (Earth-to-space) frequency 

band within (a) 45 km of the radio 

observatory on St. Croix, Virgin Islands 

(latitude 17°46′ N, longitude 64°35′ W); 

(b) 125 km of the radio observatory on 

Mauna Kea, Hawaii (at latitude 19°48′ 

N, longitude 155°28′ W); and (c) 90 km 

of the Arecibo Observatory on Puerto 

Rico (latitude 18°20′46′′ W, longitude 

66°45′11′′ N) are subject to coordination 

through the National 

Telecommunications and Information 

Administration (NTIA) Interdepartment 

Radio Advisory Committee (IRAC). 

■ 5. Section 25.271 is amended by 

revising paragraphs (b) and (c) 

introductory text and by removing 

paragraph (f). 

The revisions read as follows: 

§ 25.271 Control of transmitting stations. 

* * * * * 

(b) The licensee of a transmitting 

earth station licensed under this part 

shall ensure that a trained operator is 

present on the earth station site, or at a 

designated remote control point for the 

earth station, at all times that 

transmissions are being conducted. No 

operator’s license is required for a 

person to operate or perform 

maintenance on facilities authorized 

under this part. 

(c) Authority will be granted to 

operate a transmitting earth station by 

remote control only on the conditions 

that: 

* * * * * 

[FR Doc. E9–22058 Filed 9–14–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 32 

Uniform System of Accounts for 

Telecommunications Companies 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 20 to 39, revised as of 

October 1, 2008, on page 415, in 


srobinson on DSKHWCL6B1PROD with RULES
47108 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

§ 32.2000, remove and reserve 

paragraph (i). 

[FR Doc. E9–22252 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

48 CFR Part 352 

Acquisition Regulations 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapters 3 to 5, revised as 

of October 1, 2008, on page 81, in 

352.270–1, in the clause, reinstate 

paragraph (c)(4) to read as follows: 

352.270–1 Accessibility of meetings, 

conferences, and seminars to persons with 

disabilities. 

* * * * * 

(c) * * * 

(4) The Contractor is responsible for 

making a reasonable effort to ascertain the 

number of individuals with sensory 

impairments who plan to attend the meeting, 

conference, or seminar. However, if it can be 

determined that there will be no person with 

sensory impairment in attendance, the 

provision of those services under paragraph 

(c) of this clause for the nonrepresented 

group, or groups, is not required. 

* * * * * 

[FR Doc. E9–22255 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1545 and 1552 

[EPA EPA–HQ–OARM–2008–0817; FRL– 

8956–4] 

RIN 2030–AA98 

EPAAR Prescription and Clauses— 

Government Property—Contract 

Property Administration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The final rule consolidates the 

EPAAR physical property clauses 

(Decontamination, Fabrication, and 

Government Property), re-designates the 

prescription number in the data clause, 

and updates the roles and 

responsibilities of the contractor, DCMA 

and CPC. 

DATES: This final rule is effective 

September 15, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2008–0817. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the OEI Docket. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–1752. OEI Docket, 

EPA/DC, EPA West, Public Reading 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA docket is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: Iris 

Redmon, Acquisition Policy and 

Training Service Center (3802R) 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–2644; fax number: 

(202) 565–2553; e-mail address: 

redmon.iris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected by this 

action include firms that are performing 

or will perform under contract for the 

EPA which have or have the potential 

for the use of government property. This 

includes firms in all industry groups. 

II. Background 

The Federal Acquisition Regulation 

(FAR) on Government Property was 

revised June 14, 2007. The FAR Part 45 

revision removed the previous 

restriction on providing government 

property for contract performance, and 

gave contracting officers more flexibility 

in their determination to provide 

property. Accordingly, in order to assist 

EPA contracting officers involved in 

providing Government Property and 

contract property administration, it is 

necessary to amend the EPAAR to 

incorporate guidance on their use. 

The EPAAR revision aligns Agency 

Government Property policy and 

procedures with the FAR Part 45, 

Government Property revision, and 

encourages contractors to use 

commercial standards for managing and 

recording property. 

III. Final Rule 

This rule amended the EPAAR to 

revise the prescription for and wording 

of the government property clause(s). 

The revision: (1) Re-designates the 

EPAAR prescription number 1545.106 

as 1545.107 and changes the 

prescription reference in 1552.245–71 

Government Furnished Data; (2) 

consolidates the information in 

1552.245–73 Government Property (GP) 

and 1552.245–72–Fabrication or 

Acquisition of Nonexpendable Property 

with 1552.245–70 Decontamination; (3) 

changes the name of 1552.245–70 from 

Decontamination to Government 

Property; and (4) removes 1545.106 

prescription, 1552.245–73 Government 

Property, and 1552.245–72 Fabrication 

or Acquisition of Nonexpendable 

Property. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866; therefore, no 

review is required by the Office of 

Information and Regulatory Affairs 

within the Office of Management and 

Budget (OMB). 

B. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this rule does not 

contain information requirements that 

require the approval of OMB under the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 


srobinson on DSKHWCL6B1PROD with RULES