67108 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2023 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

PART 97—FEDERAL NOX BUDGET 

TRADING PROGRAM, CAIR NOX AND 

SO2 TRADING PROGRAMS, CSAPR 

NOX AND SO2 TRADING PROGRAMS, 

AND TEXAS SO2 TRADING PROGRAM 

■ 10. The authority citation for part 97 

continues to read as follows: 

Authority: 42 U.S.C. 7401, 7403, 7410, 

7426, 7491, 7601, and 7651, et seq. 

Subpart EEEEE—CSAPR NOX Ozone 

Season Group 2 Trading Program 

■ 11. Amend § 97.810 by: 

■ a. Revising paragraphs (a)(1)(i) 

through (iii) and (a)(17)(i) through (iii); 

■ b. Adding paragraphs (a)(22)(iv) 

through (vi); 

■ c. Revising paragraphs (b)(1) and (17); 

and 

■ d. Redesignating paragraph (b)(22) as 

paragraph (b)(22)(i) and adding 

paragraph (b)(22)(ii). 

The revisions and additions read as 

follows: 

§ 97.810 State NOX Ozone Season Group 2 

trading budgets, new unit set-asides, Indian 

country new unit set-asides, and variability 

limits. 

(a) * * * 

(1) * * * 

(i) The NOX Ozone Season Group 2 

trading budget for 2017 and thereafter is 

13,211 tons. 

(ii) The new unit set-aside for 2017 

and thereafter is 255 tons. 

(iii) The Indian country new unit setaside for 2017 and thereafter is 13 tons. 

* * * * * 

(17) * * * 

(i) The NOX Ozone Season Group 2 

trading budget for 2017 and thereafter is 

11,641 tons. 

(ii) The new unit set-aside for 2017 

and thereafter is 221 tons. 

(iii) The Indian country new unit setaside for 2017 and thereafter is 12 tons. 

* * * * * 

(22) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2023 and thereafter is 

12,884 tons. 

(v) The new unit set-aside for 2023 

and thereafter is 261 tons. 

(vi) [Reserved] 

* * * * * 

(b) * * * 

(1) The variability limit for Alabama 

for 2017 and thereafter is 2,774 tons. 

* * * * * 

(17) The variability limit for 

Oklahoma for 2017 and thereafter is 

2,445 tons. 

* * * * * 

(22) * * * 

(ii) The variability limit for West 

Virginia for 2023 and thereafter is 2,706 

tons. 

* * * * * 

§ 97.821 [Amended] 

■ 12. Amend § 97.821 in paragraph 

(e)(2) by removing ‘‘By September 5, 

2023, the Administrator’’ and adding in 

its place ‘‘By September 5, 2023, or, 

with regard to sources in West Virginia, 

as soon as practicable on or after 

September 29, 2023, the Administrator’’. 

§ 97.824 [Amended] 

■ 13. Amend § 97.824 in paragraph 

(a)(2) by removing the period at the end 

of the paragraph and adding a 

semicolon in its place. 

§ 97.825 [Amended] 

■ 14. Amend § 97.825 in paragraph 

(a)(2) by removing the period at the end 

of the paragraph and adding a 

semicolon in its place. 

§ 97.826 [Amended] 

■ 15. Amend § 97.826 in paragraph 

(e)(1) introductory text by removing 

‘‘§ 52.38(b)(2)(ii)(A) or (D)’’ and adding 

in its place ‘‘§ 52.38(b)(2)(ii)(A) or 

(b)(2)(iii)(D)’’. 

Subpart GGGGG—CSAPR NOX Ozone 

Season Group 3 Trading Program 

§ 97.1026 [Amended] 

■ 16. Amend § 97.1026: 

■ a. In paragraph (d)(2)(ii) introductory 

text, by removing ‘‘§ 52.38(b)(2)(iii)’’ 

and adding in its place 

‘‘§ 52.38(b)(2)(iii)(A) through (C)’’; and 

■ b. In paragraph (e) introductory text, 

by removing ‘‘by September 18, 2023, 

the Administrator’’ and adding in its 

place ‘‘by September 18, 2023, or, with 

regard to sources in West Virginia, as 

soon as practicable on or after 

September 29, 2023, the Administrator’’. 

[FR Doc. 2023–21040 Filed 9–28–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 68, and 73 

[ET Docket No. 21–363; FCC 23–14; FR ID 

172974] 

Updating References to Standards 

Related to the Commission’s 

Equipment Authorization Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) updates the rules to 

incorporate four new and updated 

standards that are integral to equipment 

testing. By updating the Commission’s 

rules to keep pace with significant 

developments in the standards-setting 

community, the Commission ensures 

that the equipment authorization 

program relies on the latest guidance so 

that the public has confidence that 

today’s advanced devices comply with 

its technical rules. 

DATES: This regulation is effective 

October 30, 2023. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of October 30, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Coleman, Office of Engineering 

and Technology, (202) 418–2705 or 

Jamie.Coleman@FCC.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, in ET Docket No. 21–363; 

FCC 23–14, adopted on March 10, 2023, 

and released on March 14, 2023. The 

full text of this document is available for 

public inspection and can be 

downloaded at: https://docs.fcc.gov/ 

public/attachments/FCC-23-14A1.pdf. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format) by 

sending an email to FCC504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Procedural Matters 

Final Regulatory Flexibility Analyses. 

The Regulatory Flexibility Act of 1980 

(RFA) requires that an agency prepare a 

regulatory flexibility analysis for notice 

and comment rulemakings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ Accordingly, 

the Commission has prepared a Final 


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Regulatory Flexibility Analysis (FRFA) 

concerning the possible impact of the 

rule changes and/or policy contained in 

the Report and Order on small entities. 

As required by the RFA, an Initial 

Regulatory Flexibility Analysis (IRFA) 

was incorporated in the Notice of 

Proposed Rulemaking (NPRM), 87 FR 

151189 (March 17, 2022). The 

Commission sought written public 

comment on the proposals in the NPRM, 

including comments on the IRFA. No 

comments were filed addressing the 

IRFA. Accordingly, the Commission has 

prepared a Final Regulatory Flexibility 

Analysis (FRFA) concerning the 

possible impact of the rule changes 

contained in the document on small 

entities. The present FRFA conforms to 

the RFA and can be viewed under 

Appendix B of the item. 

Paperwork Reduction Act. This 

document does not contain information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). The Commission has 

described impacts that might affect 

small businesses, which includes most 

businesses with fewer than 25 

employees, in the Final Regulatory 

Flexibility Analysis (FRFA), and can be 

viewed under Appendix B of the item 

at: https://www.fcc.gov/document/fccupdates-equipment-authorizationstandards. 

Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this document to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Synopsis 

Background 

Section 302 of the Communications 

Act of 1934, as amended (the Act), 

authorizes the Commission to make 

reasonable regulations governing the 

interference potential of devices that 

emit RF energy and can cause harmful 

interference to radio communications. 

The Commission generally implements 

this authority by establishing technical 

rules for RF devices. One of the primary 

ways the Commission ensures 

compliance with the technical rules is 

through the equipment authorization 

program for RF devices, procedures for 

which are codified in part 2 of its rules. 

The Office of Engineering and 

Technology (OET) administers the dayto-day operation of the equipment 

authorization program. 

Part 2 of the Commission’s rules 

provides two different approval 

procedures for RF devices subject to 

equipment authorization—certification 

and Supplier’s Declaration of 

Conformity (SDoC). While both 

processes involve laboratory testing to 

demonstrate compliance with 

Commission requirements, testing 

associated with certification must be 

performed by an FCC-recognized 

accredited testing laboratory. 

Additionally, part 68 of the 

Commission’s rules sets forth 

requirements to ensure that terminal 

equipment can be connected to the 

telephone network without harming its 

functioning and for the compatibility of 

hearing aids and land-line telephones so 

as to ensure that, to the fullest extent 

made possible by technology and 

medical science, people with hearing 

loss have equal access to 

communications services. 

Equipment testing is central to the 

equipment authorization program in 

ensuring that RF devices comply with 

Commission rules. Acknowledging the 

best practices widely followed by 

industry, the Commission’s equipment 

authorization rules often incorporate by 

reference various standards established 

by standards-setting bodies, including, 

but not limited to, the American 

National Standards Institute (ANSI), 

Accredited Standards Committee C63 

(ANSC C63); the International 

Organization for Standardization; and 

the International Electrotechnical 

Commission. Use of these standards is 

intended to ensure the integrity of the 

measurement data associated with an 

equipment authorization. Among other 

things, such standards provide 

procedures for conducting 

measurements at testing facilities and 

specify the conditions expected in the 

testing environment. 

Discussion 

Standards bodies periodically update 

existing standards or adopt new 

standards to reflect best practices in 

response to advancements in 

technologies and measurement 

capabilities. The Commission initiated 

this proceeding in response to such 

developments. Specifically, in the 

NPRM, the Commission addressed two 

petitions filed by ANSC C63: one 

seeking to incorporate by reference into 

its rules a new standard pertaining to 

test site validation; and one proposing 

to incorporate by reference a newer 

version of a currently referenced 

standard that addresses a variety of 

compliance testing requirements. The 

Commission also proposed to clarify the 

status of two standards on which OET 

previously sought comment. 

Incorporation by Reference 

Incorporation by reference (IBR) is the 

process that federal agencies use when 

referring to materials published 

elsewhere to give those materials the 

same force and effect of law in the Code 

of Federal Regulations (CFR) as if the 

materials’ text had actually been 

published in the Federal Register. By 

using IBR, the Commission is able to 

give effect to technical instructions, 

testing methodologies, and other 

process documents that are developed 

and owned by standards development 

organizations. Referencing these 

documents in the Commission’s rules in 

accordance with requirements 

established by the Office of the Federal 

Register substantially reduces the 

volume of material that the Commission 

otherwise would have to publish in the 

Federal Register and the CFR. Once the 

Commission has completed any 

necessary notice-and-comment 

rulemaking proceedings and determined 

based on the record that any standards 

the Commission adopts is sound and 

appropriate, the Commission need only 

update the references to the standards in 

the Commission’s rules. 

Availability of Materials 

As an initial matter, the Commission 

addresses a comment regarding the IBR 

process in general as opposed to the 

merits of the particular standards under 

consideration. Specifically, Public 

Resource Org. Inc., iFixit, Inc., and 

Make Community, LLC (Joint 

Commenters) express concerns related 

to ‘‘the public availability and 

accessibility of documents that are 

proposed to be incorporated by 

reference into law.’’ Joint Commenters 

claim that the materials subject to IBR 

should be broadly available to members 

of the public on a free and unrestricted 

basis (e.g., in a format that can be easily 

copied without cost), that the standards 

documents were not made available in 

this manner during the rulemaking 

process, and that the Commission’s 

failure to do so was ‘‘illegal and 

arbitrary.’’ Joint Commenters are 

concerned that the accessibility of the 

relevant materials is often limited by 

what it characterizes as onerous 

conditions put in place by the 

associated private entities. It asks that 


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the Commission ‘‘restart’’ the 

rulemaking process with ‘‘everyone 

having free access and the right to copy’’ 

the standards under consideration. 

The Commission recognizes that the 

benefit of using the IBR process to 

incorporate standards that are 

developed and hosted by professional 

standards development organizations 

into the rules—that the Commission can 

‘‘draw on the expertise and resources of 

private sector standard developers to 

serve the public interest’’—is typically 

accompanied with limitations on how 

those standards are accessed due to the 

standard developers’ intellectual 

property interests in those materials. For 

example, the National Archives and 

Records Administration, Office of the 

Federal Register (NARA OFR), in its 

final rule addressing incorporation by 

reference, concluded that a requirement 

to make available, for free, all materials 

incorporated by reference into the CFR 

would ‘‘compromise the ability of 

regulators to rely on voluntary 

consensus standards, possibly requiring 

them to create their own standards, 

which is contrary to the [National 

Technology Transfer and Advancement 

Act of 1995] and the OMB Circular A– 

119.’’ The Commission therefore 

disagrees with the sweeping nature of 

Joint Commenters’ claims. The 

requirements for availability as 

suggested by Joint Commenters would 

be inconsistent with established 

government-wide guidance and practice 

for IBR and would potentially burden 

test laboratories, manufacturers, and 

consumers if the Commission were 

unable to recognize state-of-the-art 

technical standards adopted and 

frequently updated through the 

consensus-driven standards 

development process. 

The Commission further concludes 

that the information the Commission 

provided about the standards it 

proposed to adopt, including the means 

by which individuals could inspect 

copies of those standards, was sufficient 

to satisfy the requirements for 

incorporation by reference as set forth in 

the Administrative Procedure Act (APA) 

and implemented by NARA OFR in that 

the Commission made the information 

reasonably available to the class of 

persons affected thereby. In the 

summary of the NPRM published in the 

Federal Register, the Commission 

provided sources through which 

interested persons could obtain copies 

of the relevant standards and stated that 

a copy of each standard was available 

for inspection at the FCC’s main office. 

Each of the relevant standards has 

remained available throughout the 

rulemaking proceeding in the manner 

described in the NPRM. In addition, 

Commission staff further acted 

consistent with guidance from the 

Administrative Conference of the 

United States (ACUS) to ‘‘take steps to 

promote the availability of incorporated 

materials within the framework of 

existing law’’ by communicating with 

the relevant standards bodies to 

encourage availability of materials in an 

online read-only format and, prior to 

publication of the NPRM in the Federal 

Register, confirmed that each standard 

was available for purchase by any 

interested party. 

In addressing the proposed 

rulemaking, Joint Commenters 

specifically address the terms by which 

interested parties may purchase copies 

of the standards. As an initial matter, 

the Commission notes there is nothing 

unusual about a direct purchase option 

being available as part of the IBR 

process. However, the Commission 

disagrees with the Joint Commenters’ 

assertion that ‘‘[i]n order to comment on 

[the NPRM], [the Joint Commenters] 

would have to each expend $589’’ by 

purchasing copies of the standards. 

Direct purchase was only one of the 

means of obtaining information about 

the standards under consideration. In 

this case, at least two of these standards 

were available online in a read-only 

format without cost, abstracts and 

information related to the standards are 

widely available without restriction, 

and the Commission, per its 

longstanding practice, ensured that the 

materials were available for in-person 

inspection. The Commission is not 

aware of any party that actually desired 

to inspect the materials but was unable 

to do so because of difficulties in 

traveling to the specified inspection site. 

Moreover, none of the comments filed 

in the proceeding that were related to 

the technical merits of the proposed 

standards incorporations identified any 

impediments to finding and accessing 

the standards under consideration. 

Based on these facts, and the established 

policy, the Commission concludes that 

the materials proposed to be 

incorporated by reference have been 

made reasonably available to the class of 

person affected, consistent with 5 U.S.C. 

552(a) and the requirements and 

procedures under 1 CFR part 51. The 

Commission therefore disagrees with 

Joint Commenters’ assertion that parties 

could not ‘‘see’’ or ‘‘have access to the 

text of the standards’’ such that they 

could not meaningfully participate in 

the rulemaking process. 

The Commission is also confident that 

interested parties will have sufficient 

opportunities to access the standards on 

an ongoing basis once the Commission 

has incorporated them into its rules. 

The FCC will make a copy of the 

standards available for public 

inspection upon request, and NARA 

OFR makes legal record copies of all 

standards that have been incorporated 

by reference. In addition to continued 

opportunities to purchase copies 

through the standards development 

organizations and other online sources, 

the Commission anticipates that all of 

the standards, once adopted, will be 

made available to the public through the 

on-line reading rooms that the standards 

bodies maintain. For example, ANSI 

maintains an ‘‘Incorporated by 

Reference Portal’’ at www.ibr.ansi.org 

that it describes as ‘‘a one-stop 

mechanism for access to standards that 

have been incorporated by reference in 

the U.S. Code of Federal Regulations 

(CFR),’’ and which provides access to 

these documents at no cost in ‘‘read 

only’’ format for online reading. 

Collectively, these resources are more 

than sufficient to permit interested 

parties to accomplish the objectives 

identified by the Joint Commenters, 

including use of the standards by people 

who fix and evaluate equipment and 

make new things for understanding how 

the devices work and identifying 

whether they are working properly. 

While the Commission recognizes that 

each of these access mechanisms may 

have individual limitations (e.g., cost, 

travel for in-person inspection, 

limitations on how the materials may be 

downloaded, shared, or otherwise used) 

that would not exist if the standards 

were made available ‘‘on a public 

website without charge, and without 

limitation of use’’ as the Joint 

Commenters request, none of these 

limitations would prevent interested 

parties from accessing and using the 

standards the Commission is adopting. 

For these reasons, the Commission 

explicitly rejects the Joint Commenters’ 

assertion that the Commission’s actions 

will be inconsistent with established 

law and policy balancing the public 

interest in promoting the development 

of and reliance on voluntary standards 

against the need for public access to any 

such standards incorporated by 

reference by federal agencies. 

Accessing Materials 

The OFR has regulations concerning 

incorporation by reference. These 

regulations require that, for a final rule, 

agencies must discuss in the preamble 

to the final rule the way in which 

materials that the agency incorporates 

by reference are reasonably available to 

interested parties, and how interested 

parties can obtain the materials. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67111 

Additionally, the preamble to the final 

rule must summarize the material. 

Sections 2.910 and 2.948 of the rules 

adopted in the Report and Order 

incorporate by reference the following 

standard: ‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(ANSI C63.25.1–2018). The ANSI 

C63.25.1–2018 standard consolidates 

guidance from existing standards to 

provide test site validation procedures 

from 1 GHz to 18 GHz. Incorporation of 

this standard will provide an additional 

option for test site validation of radiated 

emission measurements from 1 GHz to 

18 GHz, while continuing to provide for 

the validation option currently specified 

in the Commission’s rules. Interested 

persons may purchase a copy of ANSI 

C63.25.1 from the sources provided in 

47 CFR 2.910. A copy of the standard 

may also be inspected at the FCC’s main 

office. 

Sections 15.31 and 15.38 of the rules 

adopted in the Report and Order 

incorporate by reference the following 

standard: ‘‘American National Standard 

of Procedures for Compliance Testing of 

Unlicensed Wireless Devices’’ (ANSI 

C63.10–2020). The ANSI C63.10–2020 

standard is an update to a standard 

previously incorporated by reference 

within the Commission’s rules and it 

addresses ‘‘the procedures for testing 

the compliance of a wide variety of 

unlicensed wireless transmitters.’’ 

Interested persons may purchase a copy 

of ANSI C63.10–2020 from the sources 

provided in 47 CFR 2.910. A copy of the 

standard may also be inspected at the 

FCC’s main office. 

Sections 2.910, 2.948, 2.949, 2.962, 

and 68.162 of the rules adopted in the 

Report and Order incorporate by 

reference the following standard: 

‘‘General requirements for the 

competence of testing and calibration 

laboratories’’ (ISO/IEC 17025:2017(E)). 

The ISO/IEC 17025:2017(E) standard is 

an update to the standard currently 

incorporated by reference within the 

Commission’s rules that replaces certain 

prescriptive requirements with 

performance-based requirements for test 

laboratory accreditation. The standard 

contains the requirements related to test 

laboratory accreditation, including 

requirements for processes, procedures, 

documented information, and 

organizational responsibilities. The 

laboratory accreditation bodies assess a 

variety of laboratory aspects, including 

the technical competence of staff; the 

validity and appropriateness of test 

methods; traceability of measurements 

and calibration to national standards; 

suitability, calibration, and maintenance 

of the testing environment; sampling, 

handling, and transportation of test 

items; and quality assurance of test and 

calibration data. Interested persons may 

purchase a copy of ISO/IEC 

17025:2017(E) from the sources 

provided in 47 CFR 2.910 and 68.162. 

A copy of the standard may also be 

inspected at the FCC’s main office. 

Sections 2.910 and 2.948 of the rules 

adopted in the Report and Order 

incorporate by reference the following 

standard: ‘‘American National Standard 

for Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz, 

Amendment 1: Test Site Validation’’ 

(ANSI C63.4a–2017). The ANSI C63.4a– 

2017 standard introduces modifications 

to the normalized site attenuation 

procedures for validating radiated test 

sites for use in the 30 MHz to 1 GHz 

frequency range. Interested persons may 

purchase a copy of ANSI C63.4a–2017 

from the sources provided in 47 CFR 

2.910. A copy of the standard may also 

be inspected at the FCC’s main office. 

‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(ANSI C63.25.1–2018) 

In consideration of an ANSC C63 

petition for rulemaking, in the NPRM, 

the Commission proposed to 

incorporate by reference the standard 

titled ‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(ANSI C63.25.1–2018), into the test site 

validation requirements of § 2.948(d) of 

the Commission’s rules. Under the 

Commission’s current rules, 

measurement facilities that make 

radiated emission measurements from 

30 MHz to 1 GHz must comply with the 

site validation requirements in ANSI 

C63.4–2014 (clause 5.4.4), and, for 

radiated emission measurements from 1 

GHz to 40 GHz, the site validation 

requirements in ANSI C63.4–2014 

(clause 5.5.1 a) 1)) apply. The 

Commission proposed to incorporate 

ANSI C63.25.1–2018 in order to provide 

an additional option for test site 

validation of radiated emission 

measurements from 1 GHz to 18 GHz. 

As noted in the NPRM, the C63.25.1– 

2018 standard consolidates guidance 

from existing standards to provide test 

site validation procedures from 1 GHz to 

18 GHz. For example, the C63.25.1– 

2018 standard includes a CISPR 16 

method known as the site voltage 

standing wave ratio (SVSWR) approach 

to validate test sites for frequencies 

above 1 GHz, which measures responses 

between antennas while varying their 

distances. This method is included in 

the standard currently referenced in the 

Commission’s rules, ANSI C63.4–2014 

(clause 5.5.1 a) 1)). Additionally, 

C63.25.1–2018 introduces the option of 

using a new effective test validation 

method called time domain site 

validation (TDSV), the benefits of which 

are cited by ANSC C63 in the C63.25.1 

Petition. The Commission tentatively 

concluded that incorporating C63.25.1– 

2018 in the Commission’s rules by 

reference would have the benefit of 

providing the availability of TDSV as an 

additional option, while continuing to 

allow use of the procedures currently 

described in § 2.948(d) of the 

Commission’s rules for test site 

validation of radiated emission 

measurements from 1 GHz to 18 GHz. 

While the Commission tentatively 

concluded that the entire standard 

should be incorporated by reference, it 

also asked whether any procedures or 

techniques included in ANSI C63.25.1– 

2018 would not be appropriate for 

demonstrating compliance with the 

Commission’s equipment authorization 

rules. Finally, because the Commission 

proposed to incorporate ANSI C63.25.1– 

2018 as an option to an already existing 

requirement, it tentatively concluded 

that there would be no need to designate 

a transition period. 

Several commenters expressed 

support for adopting ANSI C63.25.1– 

2018 in full. Information Technology 

Industry Council, while suggesting that 

C63.25.1–2018 be applied immediately, 

also suggests that the Commission 

continue to accept measurements that 

reference C63.4–2014 for two years. 

Cisco Systems Inc. (Cisco) supports 

adopting the proposed references to 

ANSI C63.25.1–2018; however, it asks 

the Commission to make some specific 

clarifications regarding the application 

of the standard. Specifically, Cisco 

encourages the Commission to clarify 

that site voltage standing wave ratio 

(SVSWR) and time domain site 

validation (TDSV) are the only 

acceptable methods of site verification 

under ANSI C63.25.1–2018. 

Additionally, Cisco states that as both 

the SVSWR and TDSV validation 

methods require some calibration, ANSI 

C63.5–2017 does not appear to add any 

value as a reference. Thus, Cisco 

suggests that the FCC simply state that 

all appropriate devices (antennas, 

positioners, etc.) must be validated in a 

manner that ensures they satisfy the 

necessary characteristics defined by 

each method. 

The Commission believes, and the 

record does not suggest otherwise, that 

the Commission was correct to 

tentatively conclude that incorporating 

ANSI C63.25.1–2018 among the 


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67112 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

procedures currently described in 

§ 2.948(d) of the Commission’s rules 

would serve the public interest by 

providing useful options and potential 

benefits for test site validation of 

radiated emission measurements from 1 

GHz to 18 GHz. As the Commission 

noted when discussing the C63.25.1 

Petition, while the TDSV and SVSWR 

methods are similar in that both 

measure responses between antennas, 

TDSV does not require varying the 

distance between antennas, providing a 

reduction in the sensitivity of test 

results caused by small test setup 

changes at higher frequencies where the 

associated wavelengths are relatively 

short. This feature and other aspects of 

the TDSV method introduce process 

efficiency improvements that could 

result in less time to perform the 

validation. Accordingly, the 

Commission is incorporating the 

complete ANSI C63.25.1–2018 standard 

into § 2.948(d) of the rules. The 

Commission clarifies that incorporating 

ANSI C63.25.1–2018 into § 2.948(d), as 

amended herein, provides two options 

of test site validation procedures for 

radiated emission measurements from 1 

GHz to 18 GHz: SVWSR and TDSV. The 

Commission is not adopting Cisco’s 

suggestion that the Commission remove 

references to ANSI C63.5–2017 from the 

version of the C63.25.1–2018 standard 

incorporated into the Commission’s 

rules. References to the use of ANSI 

C63.5–2017 for the calibration of 

measurement and reference antennas 

are prevalent among the ANSI standards 

already incorporated by reference in the 

Commission’s rules. Finally, the 

Commission sees no need to adopt a 

transition period for the use of ANSI 

C63.25.1–2018 as it includes the test site 

validation option provided by the 

previous ANSI C63.4–2014. 

‘‘American National Standard of 

Procedures for Compliance Testing of 

Unlicensed Wireless Devices’’ (ANSI 

C63.10–2020) 

In the NPRM, in response to a petition 

filed by ANSC C63, the Commission 

proposed to incorporate by reference 

ANSI C63.10–2020, ‘‘American National 

Standard of Procedures for Compliance 

Testing of Unlicensed Wireless 

Devices,’’ into the Commission’s rules to 

replace existing references to ANSI 

C63.10–2013. The ANSI C63.10–2020 

standard was approved by ANSI on 

September 10, 2020, and updates the 

measurement procedures set forth in 

ANSI C63.10–2013, which is currently 

referenced in §§ 2.910, 2.950, 15.31, and 

15.38 of the Commission’s rules. The 

standard addresses ‘‘the procedures for 

testing the compliance of a wide variety 

of unlicensed wireless transmitters . . . 

including, but not limited to, remote 

control and security unlicensed wireless 

devices, frequency hopping and direct 

sequence spread spectrum devices, antipilferage devices, cordless telephones, 

medical unlicensed wireless devices, 

Unlicensed National Information 

Infrastructure (U–NII) devices, intrusion 

detectors, unlicensed wireless devices 

operating on frequencies below 30 MHz, 

automatic vehicle identification 

systems, and other unlicensed wireless 

devices authorized by a radio regulatory 

authority.’’ 

The Commission tentatively 

concluded that it would be appropriate 

to simply replace the existing standard 

references with references to the new 

standard, subject to a two-year or other 

appropriate transition period. The 

Commission asked whether any 

procedures or techniques included in 

the standard would not be appropriate 

for use in the context of demonstrating 

compliance with the Commission’s 

equipment authorization rules. 

Similarly, the Commission also asked 

which, if any, of the Commission rules 

that do not currently reference ANSI 

C63.10–2013 should reference ANSI 

C63.10–2020. Finally, the Commission 

asked whether a transition period 

during which either version of ANSI 

C63.10 could be used would be 

appropriate. 

Several commentors support adopting 

the updated standard. National 

Technical Systems states that ‘‘it is 

assumed that if C63.4a is not adopted 

then adoption of ANSI C63.10–2020 

would exclude the normative reference 

to ANSI C63.4a.’’ ITI supports the 

adoption of the standard in full, while 

suggesting that C63.10–2020 be applied 

immediately while accepting reference 

to C63.10–2013 for up to two years in 

order to ‘‘allow test labs and 

manufacturers adequate time to procure 

and complete necessary actions.’’ It also 

notes that products that were assessed 

and released in accordance with the 

previous standard should not be 

required to be assessed to C63.10–2020 

unless the product changes or needs an 

updated certification. Cisco, A2LA, and 

ANSI C63 support adopting the new 

standard in full and offer no further 

comment. 

The new edition of ANSI C63.10– 

2020 not only provides updates to the 

methods in the standard but also adds 

new methods. The Commission finds 

that it is necessary at this time to update 

§§ 2.910, 2.950, 15.31(a)(3), and 

15.38(g)(3) to incorporate by reference 

ANSI C63.10–2020. This update to the 

Commission’s rules will address 

advancements in compliance testing 

methods that have accompanied the 

growth of wireless devices and ensure 

the continued integrity of the relevant 

measurement data. With regard to the 

normative reference to ANSI C63.4– 

2017, the Commission does not find it 

necessary to exclude it. The 

Commission notes that C63.10–2020 

refers to ANSI C63.4–2017 for 0.3 GHz 

to 1 GHz (NSA) test site validation 

procedures in lieu of the NSA validation 

methods contained in ANSI C63.4– 

2014. The C63.10–2020 standard 

includes ANSI C63.4–2017 in its list of 

normative references, in Clause 5.2 

when specifying an appropriate radiated 

test site for performing the compliance 

measurements, and in Clause 6.5.2 

when specifying permissible distances 

between antennas when performing 

radiated tests. The C63.10–2020 

standard is a North American standard 

rather than a U.S. standard and thus 

accommodates both Canadian and U.S. 

regulations. Canada has already 

recognized ANSI C63.4–2017 in its 

regulations but, prior to this proceeding, 

the U.S. has not. The reference to ANSI 

C63.4–2017 in the standard contains a 

footnote reference to 47 CFR 15.31 in 

recognition that ANSI C63.4–2017 may 

not be adopted by the U.S. regulators. 

To accommodate the transition to this 

new standard, and as proposed in the 

NPRM and supported by ITI, the 

Commission will permit the use of 

either ANSI C63.10–2013 or ANSI 

C63.10–2020 for a period of two years 

following the effective date of the rules 

adopted in this Order. The record 

supports this time period as sufficiently 

reasonable for the affected entities to 

procure the necessary equipment and 

implement the required changes. 

Other Standards 

In addition to addressing new specific 

incorporation by reference proposals, 

the Commission in the NPRM made 

tentative proposals and sought to refresh 

the record obtained in response to the 

Standards Update Notice that was 

previously issued by OET. Further, the 

Commission made proposals intended 

to ‘‘clean up’’ the rules by addressing 

several obsolete references and asked 

whether any additional similar rules 

changes would be appropriate. 

‘‘General Requirements for the 

Competence of Testing and Calibration 

Laboratories’’ (ISO/IEC 17025:2017(E)) 

Measurement data intended to 

demonstrate compliance with certain 

Commission requirements must be 

obtained from an accredited testing 

laboratory. Currently, §§ 2.910, 2.948, 

2.949, 2.962, and 68.162 incorporate by 

reference ISO/IEC 17025:2005(E) for the 


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requirements related to test laboratory 

accreditation. In November 2017, ISO/ 

IEC published ISO/IEC 17025:2017(E)— 

a new version of the test laboratory 

accreditation standard currently 

referenced in the Commission’s rules. In 

the Standards Update Notice, OET 

proposed to update the Commission’s 

rules by replacing references to ISO/IEC 

17025:2005(E) with references to ISO/ 

IEC 17025:2017(E). 

In the NPRM, the Commission 

proposed to incorporate by reference 

into its rules ISO/IEC 17025:2017(E) in 

its entirety, including Clause 8.1— 

Option A and Option B. Options A and 

B were specifically addressed in light of 

comments made in response to the 

Standards Update Notice. The 

Commission tentatively concluded that 

the flexibility of having both options 

merits that both options should be 

included when incorporating ISO/IEC 

17025:2017(E) into the Commission’s 

rules. Additionally, in the NPRM, the 

Commission discussed issues related to 

the passage of time since the release of 

the Standards Update Notice, and, 

noting the two year re-accreditation 

process, it tentatively proposed a twoyear transition to the new standard 

instead of the originally proposed threeyear period. 

A2LA supports the updated standard 

and claims that it ‘‘provides a greater 

emphasis on impartiality, transparency, 

and the complaint processes;’’ takes a 

process approach and is outcomefocused;’’ ‘‘is less prescriptive and less 

procedure-burdened;’’ and ‘‘provides 

laboratories with greater flexibility as 

the standard is now underpinned with 

a risk-based approach to the processes.’’ 

A2LA began transitioning its 

organization to the new standard in 

November 2017 in order to meet the 

International Laboratory Accreditation 

Cooperation mandate requiring 

completion of the transition by June 

2021. ITI, ANSC C63, and Cisco all 

support adopting the standard and using 

Options A and B for lab accreditation 

under ISO/IEC 17025:2017(E). 

Additionally, Cisco welcomes any 

transition period up to, and including, 

the two-year period proposed by the 

Commission in the NPRM. 

No party opposed the Commission’s 

proposal, and for the reasons stated in 

the NPRM and as supported by the 

record, the Commission continues to 

believe that adoption of the updated 

standard is in the public interest, and 

will provide greater transparency, 

procedural efficiency, and flexibility. 

The Commission therefore incorporates 

by reference ISO/IEC 17025:2017(E) into 

§§ 2.910, 2.948, 2.949, 2.950, 2.962, and 

68.162 of the Commission’s rules. To 

accommodate the transition to this new 

standard, as proposed in the NPRM, the 

Commission will permit the use of 

either ISO/IEC 17025:2005(E) or ISO/ 

IEC 17025:2017(E) for a period of two 

years following the effective date of the 

rules adopted in the Report and Order. 

While both ISO/IEC 17025:2005(E) and 

ISO/IEC 17025:2017(E) were considered 

valid during the transition period in 

effect at the time of the Standards 

Update PN, accreditations to ISO/IEC 

17025:2005(E) became invalid after June 

1, 2021. In the Standards Update PN, 

OET proposed to adopt a three-year 

transition period for use of the proposed 

updated standard. In consideration of 

the time that has passed since 

publication of the Standards Update PN, 

combined with the facts that the 

Commission’s rules require test 

laboratories to complete the 

accreditation process every two years 

and that the prior standard has since 

become invalid within the standards 

body, the Commission provides a twoyear transition period for compliance 

with ISO/IEC 17025:2017(E). 

‘‘American National Standard for 

Methods of Measurement of RadioNoise Emissions From Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz, 

Amendment 1: Test Site Validation’’ 

(ANSI C63.4a–2017) 

Sections 2.910, 2.948, 2.950, 15.31, 

15.35, and 15.38 of the Commission’s 

rules reference ANSI 63.4–2014, 

‘‘American National Standard for 

Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz,’’ as an 

electromagnetic compatibility (EMC) 

measurement standard for unintentional 

radiators. In late 2017, ANSC C63 

published ANSI C63.4a–2017, 

‘‘American National Standard for 

Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz, 

Amendment 1: Test Site Validation’’ 

(ANSI C63.4a–2017). In the Standards 

Update Notice, OET sought comment on 

incorporating by reference ANSI 

C63.4a–2017 in the appropriate rules. 

Although some commenters supported 

incorporation of the amended standard, 

several negative responses were 

received in this regard. In the NPRM, 

the Commission considered the 

comments filed pursuant to the 

Standards Update Notice and tentatively 

concluded that ANSI C63.4–2014 

continues to sufficiently address current 

needs and that incorporation by 

reference of ANSI C63.4a–2017 into the 

Commission’s rules was not warranted 

at that time. 

Many commenters in this proceeding 

support the tentative conclusion made 

by the Commission in the NPRM that 

ANSI C63.4–2014 continues to 

sufficiently address current needs and 

that incorporation by reference of ANSI 

C63.4a–2017 into the Commission’s 

rules is not warranted at this time. In its 

reply comments, ANSC C63 supports 

that tentative conclusion but notes that 

a reference to ANSI C63.4a–2017 in the 

Commission’s rules should be optional 

and not a requirement because it would 

‘‘allow labs to meet both Canadian and 

U.S. requirements with a single site 

validation test.’’ 

After further consideration of the 

information on the record, including the 

comments from ET Docket No. 19–48, 

the Commission affirms its tentative 

determination that ANSI C63.4–2014 

continues to sufficiently address current 

needs and continues to retain the 

incorporation by reference into the 

Commission’s rules of ANSI C63.4– 

2014. However, the Commission 

recognizes that ANSI C63.4a–2017 

introduced modifications to the 

normalized site attenuation procedures 

for validating radiated test sites for use 

in the 30 MHz to 1 GHz frequency 

range. Some of these modifications 

involve a new acceptable test distance 

(five meters) and an expanded test 

volume to accommodate devices with 

heights that exceed two meters. As 

noted in the NPRM, several parties 

objected to making this a mandatory 

requirement because of cost concerns 

over the potential need to redesign and 

retrofit existing test facilities. However, 

the Commission also recognizes that in 

some cases these modifications may be 

necessary to accommodate testing of 

larger devices. In addition, Innovation, 

Science and Economic Development 

Canada (ISED)—a department of the 

Government of Canada—has adopted 

the amended standard. The Commission 

also affirms its Office of Engineering 

and Technology’s acceptance of the use 

of this standard as an alternative 

pursuant to KDB 414788 D01 Radiated 

Test Site v01r01. Therefore, to 

accommodate testing of larger devices 

(greater than two meters in height) and 

to allow for harmonization with ISED 

requirements, the Commission adopts 

ANSI C63.4–2017 through incorporation 

by reference. By retaining the existing 

standards and also adopting the 

modified standard, the Commission 

provides two options for an 

electromagnetic compatibility (EMC) 

measurement standard for unintentional 

radiators to accommodate the 

improvements where they are most 


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needed and retains the status quo for 

testing that would not benefit from the 

updates. 

Additional Updates 

In the NPRM, the Commission noted 

that several part 2 rules incorporate 

references that have become outdated as 

a result of prior updates to standards 

that were phased in over specific 

transition periods—once the newer 

standards became the only valid 

procedure for compliance with the 

Commission’s rules, the prior references 

became irrelevant. Specifically, the 

Commission proposed to delete from 

§ 2.910 of the Commission’s rules 

references to: ISO/IEC Guide 58:1993(E), 

‘‘Calibration and testing laboratory 

accreditation systems—General 

requirements for operation and 

recognition,’’ First Edition 1993; ISO/ 

IEC Guide 61:1996(E), ‘‘General 

requirements for assessment and 

accreditation of certification/registration 

bodies,’’ First Edition 1996; and ISO/IEC 

Guide 65:1996(E), ‘‘General 

requirements for bodies operating 

product certification systems.’’ 

Additionally, the Commission proposed 

to delete the related transition periods 

provided in § 2.950 and make any 

necessary related administrative rule 

changes. The Commission also asked 

whether there were additional 

conforming or administrative updates to 

its rules and if any other rule 

modifications were needed, including 

updating other standards currently 

referenced in the rules or incorporating 

by reference additional standards not 

currently referenced in the rules. 

In its comments, ITI notes that 

§§ 15.38(b) and 15.109(g) still reference 

CISPR 22 and requested that these 

references be updated to the latest 

edition of CISPR 32. ITI also 

recommends that a specific statement 

permitting grandfathering would benefit 

the industry, avoid confusion, and 

facilitate compliance. Cisco supports 

these additional updates. Additionally, 

ANSC C63 also points out that ‘‘the 

proposed amendment to Rule 2.910 

references CISPR 16–1–4:2010–04, 

however, that version of the standard is 

out of date’’ and the rule ‘‘should 

reference the current version of the 

standard which is CISPR 16–1–4 

2019+AMD:2020.’’ 

Absent any opposition in the record, 

the Commission adopts the proposals to 

delete references to: ISO/IEC Guide 

58:1993(E), First Edition 1993; ISO/IEC 

Guide 61:1996(E), First Edition 1996; 

and ISO/IEC Guide 65:1996(E) from 

§ 2.910 of the Commission’s rules. 

Additionally, the Commission adopts 

the proposal to delete the related 

transition periods provided in § 2.950. 

The commenter recommendations to 

update additional references were not 

contemplated in the Commission’s 

proposal, and it therefore takes no 

action here. 

Ordering Clauses 

Accordingly, it is ordered, pursuant to 

the authority found in sections 4(i), 301, 

302, and 303 of the Communications 

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

154(i), 301, 302a, 303, that this Report 

and Order is hereby adopted. 

It is further ordered that the 

amendments of parts 2, 15, 68, and 73 

of the Commission’s rules as set forth in 

Appendix A are adopted, effective 30 

days after publication in the Federal 

Register. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

It is further ordered that the Office of 

the Managing Director, Performance 

Evaluation and Records Management, 

shall send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Parts 2, 15, 

and 68 

Communications equipment, 

Incorporation by reference. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 2, 15, 

68, and 73 as follows: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

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

336, unless otherwise noted. 

■ 2. Revise § 2.910 to read as follows: 

§ 2.910 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Federal Communications 

Commission (FCC) must publish a 

document in the Federal Register and 

the material must be available to the 

public. All approved incorporation by 

reference (IBR) material is available for 

inspection at the FCC and at the 

National Archives and Records 

Administration (NARA). Contact the 

FCC at the address indicated in 47 CFR 

0.401(a), phone: (202) 418–0270. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the following 

source(s): 

(a) International Electrotechnical 

Commission (IEC), IEC Central Office, 3, 

rue de Varembe, CH–1211 Geneva 20, 

Switzerland; email: inmail@iec.ch; 

website: www.iec.ch. 

(1) CISPR 16–1–4:2010–04, 

Specification for radio disturbance and 

immunity measuring apparatus and 

methods—Part 1–4: Radio disturbance 

and immunity measuring apparatus— 

Antennas and test sites for radiated 

disturbance measurements, Edition 3.0, 

2010–04; IBR approved for § 2.948(d). 

(2) [Reserved] 

(b) Institute of Electrical and 

Electronic Engineers (IEEE), 3916 

Ranchero Drive, Ann Arbor, MI 48108; 

phone: (800) 678–4333; email: stdsinfo@ieee.org; website: www.ieee.org/. 

(1) ANSI C63.4–2014, American 

National Standard for Methods of 

Measurement of Radio-Noise Emissions 

from Low-Voltage Electrical and 

Electronic Equipment in the Range of 9 

kHz to 40 GHz, ANSI-approved June 13, 

2014, Sections 5.4.4 (‘‘Radiated 

emission test facilities—Site 

validation’’) through 5.5 (‘‘Radiated 

emission test facilities for frequencies 

above 1 GHz (1 GHz to 40 GHz)’’), 

copyright 2014; IBR approved for 

§ 2.948(d). 

(2) ANSI C63.4a–2017, American 

National Standard for Methods of 

Measurement of Radio-Noise Emissions 

from Low-Voltage Electrical and 

Electronic Equipment in the Range of 9 

kHz to 40 GHz, Amendment 1: Test Site 

Validation, ANSI-approved September 

15, 2017; IBR approved for § 2.948(d). 

(3) ANSI C63.25.1–2018, American 

National Standard Validation Methods 

for Radiated Emission Test Sites, 1 GHz 

to 18 GHz, ANSI-approved December 

17, 2018; IBR approved for § 2.948(d). 

(4) ANSI C63.26–2015, American 

National Standard of Procedures for 

Compliance Testing of Transmitters 

Used in Licensed Radio Services, ANSIVerDate Sep<11>2014 16:15 Sep 28, 2023 Jkt 259001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1

lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67115 

approved December 11, 2015; IBR 

approved for § 2.1041(b). 

(c) International Organization for 

Standardization (ISO), Ch. de 

Blandonnet 8, CP 401, CH–1214 

Vernier, Geneva, Switzerland; phone: + 

41 22 749 01 11; fax: + 41 22 749 09 47; 

email: central@iso.org; website: 

www.iso.org. 

(1) ISO/IEC 17011:2004(E), 

Conformity assessment—General 

requirements for accreditation bodies 

accrediting conformity assessment 

bodies, First Edition, 2004–09–01; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.960(c). 

(2) ISO/IEC 17025:2005(E), General 

requirements for the competence of 

testing and calibration laboratories, 

Second Edition, 2005–05–15; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.950(a); 2.962(c) and (d). 

(3) ISO/IEC 17025:2017(E), General 

requirements for the competence of 

testing and calibration laboratories, 

Third Edition, November 2017; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.950(a); 2.962(c) and (d). 

(4) ISO/IEC 17065:2012(E), 

Conformity assessment—Requirements 

for bodies certifying products, processes 

and services, First Edition, 2012–09–15; 

IBR approved for §§ 2.960(b); 2.962(b), 

(c), (d), (f), and (g). 

Note 1 to § 2.910: The standards listed in 

paragraphs (b) and (c) of this section are also 

available from the American National 

Standards Institute (ANSI), 25 West 43rd 

Street, 4th Floor, New York, NY 10036; 

phone (212) 642–4980; email info@ansi.org; 

website: https://webstore.ansi.org/. 

■ 3. Amend § 2.948 by revising 

paragraph (d) to read as follows: 

§ 2.948 Measurement facilities. 

* * * * * 

(d) When the measurement method 

used requires the testing of radiated 

emissions on a validated test site, the 

site attenuation must comply with 

either: the requirements of ANSI 

C63.4a–2017 (incorporated by reference, 

see § 2.910) or the requirements of 

sections 5.4.4 through 5.5 of ANSI 

C63.4–2014 (incorporated by reference, 

see § 2.910). 

(1) Measurement facilities used to 

make radiated emission measurements 

from 30 MHz to 1 GHz must comply 

with the site validation requirements in 

either ANSI C63.4a–2017 or ANSI 

C63.4–2014 (clause 5.4.4); 

(2) Measurement facilities used to 

make radiated emission measurements 

from 1 GHz to 18 GHz must comply 

with the site validation requirement of 

ANSI C63.25.1–2018 (incorporated by 

reference, see § 2.910); 

(3) Measurement facilities used to 

make radiated emission measurements 

from 18 GHz to 40 GHz must comply 

with the site validation requirement of 

ANSI C63.4–2014 (clause 5.5.1 a) 1)), 

such that the site validation criteria 

called out in CISPR 16–1–4:2010–04 

(incorporated by reference, see § 2.910) 

is met. 

(4) Test site revalidation must occur 

on an interval not to exceed three years. 

* * * * * 

■ 4. Revise § 2.950 to read as follows: 

§ 2.950 Transition periods. 

(a) Prior to October 30, 2025, a 

prospective or accredited testing 

laboratory or telecommunication 

certification body must be capable of 

meeting the requirements and 

conditions of ISO/IEC 17025:2005(E) 

(incorporated by reference, see § 2.910) 

or ISO/IEC 17025:2017(E) (incorporated 

by reference, see § 2.910). On or after 

October 30, 2025, a prospective or 

accredited testing laboratory or 

telecommunication certification body 

must be capable of meeting the 

requirements and conditions of ISO/IEC 

17025:2017(E) (incorporated by 

reference, see § 2.910). 

(b) All radio frequency devices that 

were authorized under the verification 

or Declaration of Conformity procedures 

prior to November 2, 2017, must 

continue to meet all requirements 

associated with the applicable 

procedure that were in effect 

immediately prior to November 2, 2017. 

If any changes are made to such devices 

after November 2, 2018, the 

requirements associated with the 

Supplier’s Declaration of Conformity 

apply. 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 5. The authority citation for part 15 

continues to read as follows: 

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

307, 336, 544a, and 549. 

■ 6. Amend § 15.31 by revising 

paragraph (a)(3) to read as follows: 

§ 15.31 Measurement standards. 

(a) * * * 

(3) Other intentional radiators must be 

measured for compliance using the 

following procedure: ANSI C63.10–2020 

(incorporated by reference, see § 15.38). 

* * * * * 

■ 7. Amend § 15.37 by adding paragraph 

(s) to read as follows 

§ 15.37 Transition provisions for 

compliance with this part. 

* * * * * 

(s) Prior to October 30, 2025, 

measurements for intentional radiators 

subject to § 15.31(a)(3) must be made 

using the procedures in ANSI C63.10– 

2013 or ANSI C63.10–2020 

(incorporated by reference, see § 15.38). 

On or after October 30, 2025, 

measurements for intentional radiators 

subject to § 15.31(a)(3) must be made 

using the procedures in ANSI C63.10– 

2020 (incorporated by reference, see 

§ 15.38). 

■ 8. Revise § 15.38 to read as follows: 

§ 15.38 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Federal Communications 

Commission (FCC) must publish a 

document in the Federal Register and 

the material must be available to the 

public. All approved incorporation by 

reference (IBR) material is available for 

inspection at the FCC and at the 

National Archives and Records 

Administration (NARA). Contact the 

FCC at the address indicated in 47 CFR 

0.401(a), phone: (202) 418–0270. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the following 

source(s): 

(a) American National Standards 

Institute (ANSI), 25 West 43rd Street, 

4th Floor, New York, NY 10036; phone: 

(212) 642–4980; email info@ansi.org; 

website: https://webstore.ansi.org/. 

(1) ANSI C63.17–2013, American 

National Standard for Methods of 

Measurement of the Electromagnetic 

and Operational Compatibility of 

Unlicensed Personal Communications 

Services (UPCS) Devices, approved 

August 12, 2013; IBR approved for 

§ 15.31. 

(2) Third Edition of the International 

Special Committee on Radio 

Interference (CISPR), Pub. 22, 

Information Technology EquipmentRadio Disturbance CharacteristicsLimits and Methods of Measurement, 

1997; IBR approved for § 15.09. 

(b) Cable Television Laboratories, Inc., 

858 Coal Creek Circle, Louisville, 

Colorado 80027; phone: (303) 661–9100; 

website: www.cablelabs.com/. 

(1) M–UDCP–PICS–I04–080225, UniDirectional Cable Product Supporting 

M–Card: Multiple Profiles; Conformance 

Checklist: PICS, February 25, 2008; IBR 

approved for § 15.123(c). 


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67116 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

(2) TP–ATP–M–UDCP–I05–20080304, 

Uni-Directional Digital Cable Products 

Supporting M–Card; M–UDCP Device 

Acceptance Test Plan, March 4, 2008; 

IBR approved for § 15.123(c). 

(c) Consumer Technology Association 

(formerly Consumer Electronics 

Association), 1919 S. Eads St., 

Arlington, VA 22202; phone: (703) 907– 

7634; email: CTA@CTA.tech; website: 

www.cta.tech/. 

(1) CEA–542–B, CEA Standard: Cable 

Television Channel Identification Plan, 

July 2003; IBR approved for § 15.118. 

(2) CEA–766–A, U.S. and Canadian 

Region Rating Tables (RRT) and Content 

Advisory Descriptors for Transport of 

Content Advisory Information using 

ATSC A/65–A Program and System 

Information Protocol (PSIP), April 2001; 

IBR approved for § 15.120. 

(3) EIA–608, Recommended Practice 

for Line 21 Data Service, 1994; IBR 

approved for § 15.120. 

(4) EIA–744, Transport of Content 

Advisory Information Using Extended 

Data Service (XDS), 1997; IBR approved 

for § 15.120. 

(5) Uni-Dir-PICS–I01–030903, UniDirectional Receiving Device: 

Conformance Checklist: PICS Proforma, 

September 3, 2003; IBR approved for 

§ 15.123(c). 

(6) Uni-Dir-ATP–I02–040225, UniDirectional Receiving Device, 

Acceptance Test Plan, February 25, 

2004; IBR approved for § 15.123(c). 

(d) European Telecommunications 

Standards Institute, 650 Route des 

Lucioles, F–06921 Sophia Antipolis 

Cedex, France; website: www.etsi.org/. 

(1) ETSI EN 300 422–1 V1.4.2 (2011– 

08), Electromagnetic compatibility and 

Radio spectrum Matters (ERM); Wireless 

microphones in the 25 MHz to 3 GHz 

frequency range; Part 1: Technical 

characteristics and methods of 

measurement, Copyright 2011; IBR 

approved for § 15.236(g). 

(2) [Reserved] 

(e) Institute of Electrical and 

Electronic Engineers (IEEE), 3916 

Ranchero Drive, Ann Arbor, MI 48108; 

phone: (800) 678–4333; email: stdsinfo@ieee.org; website: www.ieee.org/. 

(1) ANSI C63.4–2014: American 

National Standard for Methods of 

Measurement of Radio-Noise Emissions 

from Low-Voltage Electrical and 

Electronic Equipment in the Range of 9 

kHz to 40 GHz, ANSI approved June 13, 

2014; IBR approved for § 15.35(a). 

(2) ANSI C63.4–2014, American 

National Standard for Methods of 

Measurement of Radio-Noise Emissions 

from Low-Voltage Electrical and 

Electronic Equipment in the Range of 9 

kHz to 40 GHz, ANSI approved June 13, 

2014 (excluding clauses 4.5.3, 4.6, 

6.2.13, 8.2.2, 9, and 13); IBR approved 

for § 15.31(a). 

(3) ANSI C63.10–2013, American 

National Standard of Procedures for 

Compliance Testing of Unlicensed 

Wireless Devices, ANSI approved June 

27, 2013; IBR approved for §§ 15.31(a); 

15.37(s). 

(4) ANSI C63.10–2020, American 

National Standard of Procedures for 

Compliance Testing of Unlicensed 

Wireless Devices, ANSI-approved 

September 10, 2020; IBR approved for 

§§ 15.31(a); 15.37(s). 

(f) Society of Cable 

Telecommunications Engineers (SCTE), 

140 Philips Rd., Exton, PA 19341; 

phone: (610) 363–6888; email: info@

scte.org; website: www.scte.org. 

(1) SCTE 28 2003 (formerly DVS 295): 

‘‘Host-POD Interface Standard,’’ 2003; 

IBR approved for § 15.123. 

(2) SCTE 40 2003 (formerly DVS 313): 

‘‘Digital Cable Network Interface 

Standard,’’ 2003; IBR approved for 

§ 15.123. 

(3) SCTE 41 2003 (formerly DVS 301): 

‘‘POD Copy Protection System,’’ 2003; 

IBR approved for § 15.123. 

(4) ANSI/SCTE 54 2003 (formerly 

DVS 241): ‘‘Digital Video Service 

Multiplex and Transport System 

Standard for Cable Television,’’ 2003; 

IBR approved for § 15.123. 

(5) ANSI/SCTE 65 2002 (formerly 

DVS 234): ‘‘Service Information 

Delivered Out-of-Band for Digital Cable 

Television,’’ 2002; IBR approved for 

§ 15.123. 

Note 1 to § 15.38: The standards listed in 

paragraphs (c) and (f) of this section are 

available from Accuris (formerly Global 

Engineering), 15 Inverness Way East, 

Englewood, CO 80112; phone: (800) 854– 

7179; website: https://global.ihs.com. 

Note 2 to § 15.38: The standards listed in 

paragraphs (e) and (f) of this section are 

available from ANSI (see paragraph (a) of this 

section for contact information). 

PART 68—CONNECTION OF 

TERMINAL EQUIPMENT TO THE 

TELEPHONE NETWORK 

■ 9. The authority citation for part 68 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 610. 

■ 10. Amend § 68.162 by: 

■ a. Revising paragraphs (d)(1) and 

(i)(1); and 

■ b. Adding note 1 to paragraph (i). 

The revisions and addition read as 

follows: 

§ 68.162 Requirements for 

Telecommunication Certification Bodies. 

* * * * * 

(d) * * * 

(1) In accordance with the provisions 

of ISO/IEC 17065 the evaluation of a 

product, or a portion thereof, may be 

performed by bodies that meet the 

applicable requirements of ISO/IEC 

17025 and ISO/IEC 17065, in 

accordance with the applicable 

provisions of ISO/IEC 17065, for 

external resources (outsourcing) and 

other relevant standards. Evaluation is 

the selection of applicable requirements 

and the determination that those 

requirements are met. Evaluation may 

be performed by using internal TCB 

resources or external (outsourced) 

resources. 

* * * * * 

(i) * * * 

(1) International Organization for 

Standardization (ISO), Ch. de 

Blandonnet 8, CP 401, CH–1214 

Vernier, Geneva, Switzerland; phone: + 

41 22 749 01 11; fax: + 41 22 749 09 47; 

email: central@iso.org; website: 

www.iso.org. 

(i) ISO/IEC 17025:2017(E), General 

requirements for the competence of 

testing and calibration laboratories, 

Third Edition, November 2017. 

(ii) ISO/IEC 17065:2012(E), 

Conformity assessment—Requirements 

for bodies certifying products, processes 

and services, First Edition, 2012–09–15. 

(2) [Reserved] 

Note 1 to paragraph (i): The standards 

listed in paragraphs (i) of this section are also 

available from the American National 

Standards Institute (ANSI), 25 West 43rd 

Street, 4th Floor, New York, NY 10036; 

phone (212) 642–4980; email info@ansi.org; 

website: https://webstore.ansi.org/. 

PART 73—RADIO BROADCAST 

SERVICES 

■ 11. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 12. Amend § 73.1660 by revising Note 

1 to paragraph (a)(1) to read as follows: 

§ 73.1660 Acceptability of broadcast 

transmitters. 

* * * * * 

Note 1 to paragraph (a)(1): The verification 

procedure has been replaced by Supplier’s 

Declaration of Conformity. AM, FM, and TV 

transmitters previously authorized under 

subpart J of part 2 of this chapter may remain 

in use. See § 2.950 of this chapter. 

* * * * * 

[FR Doc. 2023–20711 Filed 9–28–23; 8:45 am] 

BILLING CODE 6712–01–P 


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