Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 70891 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T07–0735 to read as 

follows: 

§ 165.T07–0735 2023 Jacksonville Beach 

Sea and Sky Airshow. 

(a) Location. The following area is a 

safety zone: All waters of the Atlantic 

Ocean off the coast of Jacksonville 

Beach, from surface to bottom, that are 

within the 1.7 nautical mile perimeter 

that begins at 30°18′00′′ N, 081°23′06′′ 

W, then proceeding to the East to point 

30°17′54′′ N, 081°21′54′′ W, then to the 

Southeast to point 30°16′12′′ N, 

081°21′34′′ W, then to the Southwest to 

point 30°16′06′′ N, 081°22′43′′ W, then 

proceeding to the first point. 

(b) Definitions. As used in this 

section, the term ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel 

and a Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Jacksonville (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP 

Jacksonville or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Jacksonville by 

telephone at (904) 714–7557, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Jacksonville or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. until 5 p.m. 

on October 20, 2023, through October 

22, 2023. 

Dated: October 6, 2023. 

J.D. Espino-Young, 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville. 

[FR Doc. 2023–22701 Filed 10–12–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[WT Docket No. 20–3; DA 23–914; FR ID 

133942] 

Wireless Telecommunications Bureau 

Conditionally Waives Certain Aspects 

of the Wireless Hearing Aid 

Compatibility Volume Control Testing 

Standard 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; limited waiver. 

SUMMARY: The Wireless 

Telecommunications Bureau (Bureau) of 

the Federal Communications 

Commission (Commission) recently 

granted a limited waiver of the 

Commission’s wireless hearing aid 

compatibility rules with respect to the 

volume control technical standard that 

handset manufacturers use in part to 

certify handsets as hearing aidcompatible under the 2019 ANSI 

Standard. The Bureau took this step in 

response to a petition filed by the 

Alliance for Telecommunications 

Industry Solutions (ATIS) seeking 

waiver of certain aspects of these rules. 

By conditionally granting the waiver 

request, the Bureau ensures that handset 

manufacturers can continue to release 

new hearing aid-compatible handset 

models while a new volume control 

standard is developed that the 

Commission can adopt into its wireless 

hearing aid compatibility rules. 

DATES: The waiver is effective as of 

September 29, 2023. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Eli 

Johnson, Eli.Johnson@fcc.gov, of the 

Wireless Telecommunications Bureau, 

Competition & Infrastructure Policy 

Division, (202) 418–1395. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission document, 

WT Docket No. 20–3, DA 23–914, 

released on September 29, 2023. The 

full text of this document is available for 

public inspection on the FCC’s website 

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

attachments/DA-23-914A1.pdf. The 

document is available electronically in 

ASCII, Microsoft Word, and/or Adobe 

Acrobat. Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format, etc.), and reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) may be requested by 

sending an email to FCC504@fcc.gov or 

call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

Synopsis 

1. The Bureau grants a limited waiver 

of § 20.19(b)(1) and (3) of the 

Commission’s wireless hearing aid 

compatibility rules with respect to the 

volume control technical standard that 

handset manufacturers use in part to 

certify handsets as hearing aidcompatible under the 2019 ANSI 

Standard. This action is prompted by a 

request filed by the Alliance for 

Telecommunications Industry Solutions 

(ATIS) seeking waiver of certain aspects 

of these rules. Under the terms of the 

time-limited waiver the Bureau grants, a 

handset may be certified as hearing aidcompatible under the 2019 ANSI 

Standard if it meets the volume control 

testing requirements described in this 

Order as well as all other aspects of the 

2019 ANSI Standard. 

2. Consistent with ATIS’s September 

12, 2023, ex parte letter (ATIS Ex Parte 

Letter) and as a condition of this waiver, 

the Bureau requires a handset to pass 

the conversational gain test at the 2 

Newton (N) force level on all available 

narrowband and wideband codecs and 

air interface combinations. With respect 

to the 8N force level test, the Bureau 

agrees with the ATIS Ex Parte Letter that 

this test should be performed, and the 

Bureau waives the requirement that a 

handset achieve at least an 18 dB 

conversational gain. This waiver is 

conditioned on manufacturers 

performing the 8N force level test using 

the same testing parameters that the 

Bureau is requiring for the 2N force 

level test and to place on the handset’s 

package label the resulting 

conversational gain (even if it is below 

18 dB) in a manner consistent with the 


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70892 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 

Commission’s existing hearing aid 

compatibility labeling rules. 

3. With respect to the related receive 

distortion and noise performance 

(distortion/noise) and receive acoustic 

frequency response performance 

(frequency response) tests, the Bureau 

agrees with the ATIS Ex Parte Letter that 

handsets must pass testing using at least 

one narrowband and one wideband 

codec of the manufacturer’s choosing. 

The Bureau also accepts ATIS’s 

suggestion that at least one narrowband 

and one wideband codec must pass 

testing for distortion/noise and 

frequency response and tests will be 

limited to one bit rate and only with 

those air interfaces associated with the 

chosen codecs and that the other codecs 

used for conversational gain at the 2N 

and 8N force levels are not required to 

undergo the distortion/noise and 

frequency response tests. Further, as 

detailed below, the Bureau accepts 

ATIS’s suggested method to set the 

volume control setting for testing these 

other codecs for conversational gain. 

4. By taking these steps, the Bureau 

ensures that when the exclusive use 

transition period ends on December 5, 

2023, new handset models can be 

certified as hearing aid-compatible 

using the 2019 ANSI Standard as 

modified by the conditions established 

in this Order. These actions allow 

consumers with hearing loss who use 

hearing aids or cochlear implants to 

benefit from wider availability of 

handsets offering improved hearing aid 

compatibility under the 2019 ANSI 

Standard’s radio frequency (RF) 

interference and inductive coupling 

requirements. In addition, this approach 

gives consumers assurance that a 

handset’s amplifier/speaker 

combination will provide improved 

volume control functionality over 

narrowband and wideband modes of 

voice communications, and that 

consumers have the information that 

they need to make informed purchasing 

decisions. The Bureau’s actions in this 

waiver order allows the Commission to 

move closer to its goal of reaching 100% 

hearing aid compatibility for wireless 

handsets, while also creating a path 

forward for testing to ensure that 

handsets have volume control 

capabilities. 

5. This waiver is effective 

immediately upon release of this Order 

so that manufacturers may afford the 

benefits of this relief to consumers with 

hearing loss as soon as feasible. In 

reliance upon ATIS’s representations 

that efforts are underway to 

expeditiously develop a new volume 

control standard through the TIA 

standards setting process, the Bureau 

limits this waiver to a two-year period. 

During this waiver period, the Bureau 

will evaluate the effectiveness of the 

waiver standard in meeting the needs of 

consumers with hearing loss and take 

action where appropriate. The Bureau 

expects that a two-year time limitation 

for the waiver will encourage all 

interested parties to work together to 

rapidly develop an improved volume 

control standard that the Commission 

can incorporate into its rules in the 

future. To ensure this outcome, the 

Bureau conditions this waiver in part on 

ATIS filing a status letter on the 

development of a new volume control 

standard with the Bureau on the oneyear anniversary of the release date of 

this Order. The two-year waiver period 

will run from the release date of this 

Order and ends 24 months after the 

release date of this Order. 

I. Background 

6. The Commission’s wireless hearing 

aid compatibility rules require handset 

manufacturers to ensure that at least 

85% of the total number of handset 

models that they offer are certified as 

hearing aid-compatible. Handsets are 

considered to be hearing aid-compatible 

if they meet certain ANSI technical 

standards that the Commission has 

incorporated by reference into the 

wireless hearing aid compatibility rules. 

Before 2017 the Commission’s wireless 

hearing aid compatibility rules 

addressed acoustic and inductive 

coupling, but in 2017 the Commission 

modified its wireless hearing aid 

compatibility rules by adopting a 

volume control requirement similar to 

the requirement for wireline phones. 

The Commission determined that the 

objectives of section 710 of the 

Communications Act would be served 

by modifying the Commission’s acoustic 

coupling provisions for wireless 

handsets to include a volume control 

requirement designed to accommodate 

consumers with hearing loss who use 

hearing aids or cochlear implants and 

those with hearing loss who do not use 

these devices. The Commission affirmed 

its belief that a volume control 

requirement that specifies certain levels 

of amplification as an element of 

hearing aid compatibility is just as 

necessary for wireless handsets as it is 

for wireline phones in order to ensure 

the provision of effective 

telecommunication services for people 

with hearing loss. 

7. While the Commission adopted a 

wireless volume control requirement in 

2017, the Commission did not adopt a 

specific wireless volume control 

technical standard. Instead, the 

Commission noted that an industry 

approved technical standard was 

nearing completion and, once the 

Commission adopted this standard into 

its rules, compliance with this standard 

would constitute compliance with the 

Commission’s new wireless volume 

control requirement. The Commission 

suggested that this standard could 

include: (1) the use of conversational 

gain for measuring receive loudness; (2) 

the establishment of minimum value(s) 

for the acceptable maximum volume(s); 

(3) the use of a Head and Torso 

Simulator (HATS); and (4) the use of 

two force levels for holding the handset 

next to the ear—2N force for people who 

use hearing aids, and 8N force for 

people who do not use hearing aids. 

8. In September 2019, the ANSI 

Committee petitioned the Commission 

to replace the existing 2011 ANSI 

Standard referenced in the 

Commission’s rules for handset 

certification with the new 2019 ANSI 

Standard. The ANSI Committee 

oversees the development of the ANSI 

wireless hearing aid compatibility 

technical standard, and the committee is 

composed of handset manufacturers and 

testing laboratories, among other groups. 

While the 2011 and the 2019 ANSI 

Standards address acoustic and 

inductive coupling between wireless 

handsets and hearing aids, the new 

standard also includes the wireless 

volume control technical standard 

referenced by the Commission in 2017. 

The 2019 ANSI Standard specifically 

incorporates by reference the TIA 5050 

Standard for volume control and 

requires handsets to meet this standard 

along with the rest of the 2019 ANSI 

Standard in order for a handset to be 

certified as hearing aid-compatible 

under this standard. 

9. The TIA 5050 Standard establishes 

a volume control testing methodology 

which defines conversational gain as the 

acoustic output level of speech from a 

handset relative to the acoustic level 

that would be present in a face-to-face 

conversation with two people one meter 

apart. To be compliant with this 

standard, a handset must undergo 

testing at 2N and 8N force levels with 

each force level requiring the passing of 

three interrelated tests. The 2N test 

requires a handset to demonstrate at 

least 6 dB of conversational gain while 

also meeting certain distortion/noise 

and frequency response requirements. 

The 8N force level test requires a 

handset to demonstrate at least 18 dB of 

conversational gain while also meeting 

the same distortion/noise and frequency 

response requirements. 

10. In February 2021, the Commission 

adopted the 2019 ANSI Standard and 

the related TIA 5050 Standard and made 


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these standards the exclusive wireless 

hearing aid compatibility certification 

standards after a two-year transition 

period that at the time was set to end 

on June 5, 2023. In adopting the 2019 

ANSI Standard, the Commission noted 

that this standard was broadly 

supported by both industry and 

consumer groups. Further, the 

Commission observed that the 2019 

ANSI Standard ‘‘for the first time . . . 

incorporates a volume control 

requirement that will provide 

significant benefits to persons with 

hearing loss, whether or not they use 

hearing aids.’’ 

11. On December 16, 2022, ATIS filed 

a petition requesting that the 

Commission grant a limited interim 

waiver of § 20.19(b)(1) and (b)(3) of the 

Commission’s wireless hearing aid 

compatibility rules for all entities 

subject to these rules to allow handsets 

to be certified under the 2019 ANSI 

Standard as hearing aid-compatible 

using a reduced volume control testing 

methodology. ATIS asserts that the 

existing volume control testing standard 

is fundamentally flawed because it uses 

a pulsed-noise signal, which it claims is 

insufficiently voice-like to be 

compatible with many modern codecs. 

ATIS states that the standard’s use of a 

pulsed-noise signal resulted in none of 

the handsets that it tested passing the 

standard. 

12. ATIS’s Waiver Petition requests 

that the Commission allow handsets to 

be certified as hearing aid-compatible if 

they meet the 2019 ANSI Standard’s 

acoustical and inductive coupling 

standards in full and meet a reduced 

volume control standard that would 

only require a handset to: (1) pass 

conversational gain for all available 

codecs and air interface combinations at 

the 2N level, and (2) obtain passing 

results for at least one of the handset’s 

available codecs for the distortion/noise 

and frequency response requirements. 

Additionally, it requests that the 

Commission limit the codecs to be 

tested to those that are within the scope 

of the TIA 5050 Standard, which 

includes narrowband and wideband 

codecs, and that the Commission 

completely waive the 8N force level test. 

Finally, it requests that the waiver 

remain in place until the new volume 

control technical standard that is being 

developed through the TIA process 

becomes effective. 

13. At the same time that ATIS filed 

its waiver petition for a reduced volume 

control testing standard, the HAC Task 

Force filed its Final Report setting forth 

its recommendations for how the 

Commission can achieve its goal of 

requiring that all new handsets be 

certified as hearing aid-compatible. The 

HAC Task Force is an independent 

organization composed of groups who 

represent the interests of people with 

hearing loss, wireless service providers, 

and wireless handset manufacturers that 

formed for the purpose of reporting to 

the Commission on whether requiring 

100% of new handsets to be certified as 

hearing aid-compatible is an achievable 

objective. Part of the HAC Task Force’s 

Final Report on how the Commission 

can achieve its 100% objective includes 

a recommendation that the Commission 

adopt ATIS’s reduced volume control 

testing methodology and maintain it 

until the Commission has an 

opportunity to adopt a new volume 

control standard that is presently being 

developed through the TIA process. 

14. Similarly, ATIS’s waiver petition 

cites data from the HAC Task Force’s 

Final Report to support its description 

of the issues experienced in relation to 

the testing methodology for volume 

control. Testing data included in the 

HAC Task Force’s Final Report indicates 

that for the distortion/noise test the 

pulse noise signal passed through the 

Adaptive Multi-Rate (AMR) codec to 

produce unintended noise and 

distortion of the signal. Conversely, 

testing data included with the Final 

Report indicates that this problem did 

not exist when testing was conducted 

on the Enhanced Voice Services (EVS) 

codec. As a potential solution, the Final 

Report indicates that the TIA 5050 

Standard’s requirement that testing be 

done using any air interface but 

generally limited to using the AMR 

codec could be modified or 

reinterpreted to allow any codec and air 

interface combination to be used for the 

distortion/noise and frequency response 

measurements. 

15. On March 23, 2023, the Bureau 

released a Public Notice seeking 

comment on ATIS’s waiver petition that 

established a 45-day comment period 

that closed on May 18, 2023. The Public 

Notice sought comment on ATIS’s 

waiver petition within the context of the 

Commission’s commitment to attaining 

100% hearing aid compatibility for all 

covered wireless handsets, as soon as 

achievable, as well as the Commission’s 

previous finding that a volume control 

requirement is necessary ‘‘to ensure the 

provision of effective 

telecommunications for people with 

hearing loss.’’ In addition to seeking 

comment on ATIS’s waiver petition, 

Commission staff have met on an ex 

parte basis with the HAC Task Force on 

multiple occasions and with the Hearing 

Loss Association of America (HLAA). 

HLAA claims to be ‘‘the nation’s leading 

organization representing consumers 

with hearing loss,’’ serves as Co-Chair of 

the HAC Task Force, and supports the 

HAC Task Force Final Report 

recommendations. 

16. On April 14, 2023, the Bureau 

released an order extending the 

transition period for exclusive use of the 

2019 ANSI Standard and the related TIA 

5050 Standard from June 5, 2023, as 

originally established by the 

Commission, to December 5, 2023. The 

Bureau took this step to ensure that 

handset manufacturers can continue to 

certify new handset models with 

hearing aid compatibility features under 

the 2011 ANSI Standard while the 

Commission considers ATIS’s waiver 

petition. The Bureau stated that 

continuing to allow new handset 

models to be certified as hearing aidcompatible is essential as the 

Commission moves to its goal of all 

handsets being hearing aid-compatible. 

17. Finally, in the ATIS Ex Parte 

Letter, ATIS reiterates and clarifies its 

volume control testing proposals 

contained in its waiver petition, and 

partially revises its proposals. 

Consistent with its original proposal, 

ATIS reiterates its suggestion that 

testing at the 2N force level should 

require passing of conversational gain 

for all available narrowband and 

wideband codecs and air interface 

combinations. With respect to the 8N 

force level test, however, ATIS modifies 

its original proposal and suggests that 

testing at this force level be done on all 

available narrowband and wideband 

codecs and air interface combinations; 

but that the requirement of at least an 

18 dB conversational gain passing rate 

be waived; and that the resulting 

conversational gain from testing be 

placed on the handset’s package label. 

Further, ATIS suggests a modification 

for its proposal for the distortion/noise 

and frequency response tests. It 

proposes obtaining ‘‘passing results for 

at least one of the device’s narrowband 

and one wideband codecs for the 

distortion and frequency response,’’ 

instead of its original suggestion that a 

passing result would only have to be 

obtained for one narrowband or one 

wideband codec. ATIS clarifies, 

however, that testing of the chosen 

narrowband and wideband codecs for 

the distortion/noise and frequency 

response tests should be limited to one 

bit rate and only those air interfaces 

associated with the chosen codecs. 

Under its proposal, the other 

narrowband and wideband codecs used 

for the 2N and 8N force level 

conversational gain tests are not 

required to undergo distortion/noise 

and frequency response testing. 


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II. Discussion 

18. Section 1.3 of the Commission’s 

rules (47 CFR 1.3) provides that the 

Commission may ‘‘on its own motion or 

on petition’’ waive a rule ‘‘for good 

cause shown, in whole or in part, at any 

time.’’ The Commission may find that 

the ‘‘good cause shown’’ standard is met 

when: (1) ‘‘special circumstances 

warrant a deviation from the general 

rule’’ and (2) ‘‘such deviation will serve 

the public interest.’’ In this case, the 

Bureau finds good cause to grant ATIS’s 

waiver request under the conditions 

discussed below. Further, the Bureau 

finds that the underlying purpose of the 

rule would not be served by strictly 

applying all of the requirements at this 

time since such strict enforcement 

might have an effect of denying 

consumers most of the benefits of the 

latest standard. For this additional 

reason, the Bureau finds it in the public 

interest to grant limited relief and, 

thereby, permit consumers with hearing 

loss to benefit from the advantages that 

the 2019 ANSI Standard offers beyond 

just volume control while at the same 

time ensuring some volume control 

benefits. 

19. The Bureau finds special 

circumstances exist that warrant a 

deviation from the general rule as well 

as the fact that strict compliance with 

the volume control testing standard at 

this time would undermine the general 

purpose of the hearing aid compatibility 

rules. Specifically, ATIS asserts that 

there are ‘‘significant and material 

problems with the methodology used for 

testing volume control’’ that render 

compliance with the 2019 ANSI 

Standard functionally impossible given 

that the standard requires compliance 

with the TIA 5050 Standard. According 

to ATIS, the problem relates to 

§ 20.19(b)(3)(i) of the Commission’s 

wireless hearing aid compatibility rules 

even though handset manufacturers 

never addressed this rule in their filed 

comments when the Commission was 

considering adopting the 2019 ANSI 

Standard and the related TIA 5050 

Standard. This provision provides that 

‘‘a handset is hearing aid-compatible if 

it meets the 2019 ANSI standard for all 

frequency bands that are specified in the 

ANSI standard and all air interfaces 

over which it operates on those 

frequency bands. . . .’’ In turn, the 

2019 ANSI Standard specifies that in 

order for a handset to meet the 

standard’s volume control requirements 

the handset must meet the requirements 

of the TIA 5050 Standard. The TIA 5050 

Standard specifies that handsets must 

be tested for volume control using one 

AMR narrowband codec and one AMR 

wideband codec or the next closest 

codec if the AMR narrowband or 

wideband codec is not available in 

combination with any available air 

interface of the manufacturer’s choosing 

that supports the codec being tested. 

20. While the TIA 5050 Standard 

generally limits testing to one AMR 

narrowband and one AMR wideband 

codec in combination with an air 

interface of the manufacturer’s 

choosing, ATIS asserts that this is not 

the case in practice because of the 

testing guidance the Office of 

Engineering and Technology (OET) 

Laboratory Division has issued. ATIS 

states that OET’s testing guidance 

effectively requires a handset to pass the 

Commission’s volume control standard 

on all available codecs and air interface 

combinations even though the TIA 5050 

Standard does not specify this 

approach. According to ATIS, this 

situation results from OET’s guidance 

requiring handset manufacturers to 

investigate and document ‘‘worst-case 

test conditions and results.’’ ATIS states 

that this all air interface/frequency/ 

codec testing requirement results in a 

testing standard that handsets cannot 

pass because the TIA 5050 Standard 

does not use a speech-like signal that 

can pass substantially unchanged 

through all possible speech codecs. 

21. In support of its argument, ATIS 

states that all of the handsets that it 

tested using the 2019 ANSI Standard 

failed to pass this standard. Specifically, 

ATIS states that it tested eighteen 

handset models that had recently been 

certified as hearing aid-compatible 

using the 2011 ANSI Standard and all 

of these handsets failed to pass the 2019 

ANSI Standard because of the 

Commission’s all air interface/ 

frequency/codec testing requirement 

reflected in OET’s Knowledge Database 

(KDB) Volume Control Guidance 

document. According to ATIS, the 

tested handsets represented a range of 

handset models offered by 

manufacturers, with models being 

offered at a range of price points, having 

multiple form factors, and having 

multiple chip set providers. 

22. No party filed comments opposing 

ATIS’s request for a reduced volume 

control testing methodology on an 

interim basis until a full volume control 

testing methodology can take effect. 

Commenters echo ATIS’s statement that 

the current volume control testing 

methodology is flawed and needs to be 

modified so consumers with hearing 

loss can benefit from other aspects of 

the 2019 ANSI Standard. The 

unanimous supporters of ATIS’s waiver 

request include HLAA, an advocacy 

organization which represents 

consumers with hearing loss. In 

addition to these comments, handset 

manufacturers’ most recent compliance 

filings reveal that not a single handset 

has been certified as hearing aidcompatible under the 2019 ANSI 

Standard. Rather, these reports indicate 

that all of the handsets that 

manufacturers are currently offering 

have been certified as hearing aidcompatible using the 2011 ANSI 

Standard. 

23. Based on these special 

circumstances and the fact that the 

underlying purpose of the hearing aid 

compatibility rules would be frustrated 

by strict adherence to the volume 

control testing standard, the Bureau 

finds it in the public interest to take 

action to ensure that handset 

manufacturers can certify handsets as 

hearing aid-compatible under the 2019 

ANSI Standard and consumers with 

hearing loss can benefit from the 

advantages that the 2019 ANSI Standard 

offers, including some volume control 

benefits. While ATIS is requesting that 

the Commission waive certain aspects of 

the volume control testing methodology 

as an interim measure, ATIS is not 

requesting a waiver of the 2019 ANSI 

Standard’s acoustic and inductive 

coupling requirements. The Bureau 

agrees with ATIS and commenters that 

by waiving certain aspects of the 

volume control testing methodology, it 

allows consumers who use hearing aids 

or cochlear implants to receive the 

benefits of the 2019 ANSI Standard’s 

heightened RF interference 

requirements, and the Bureau allows 

consumers who use telecoils to receive 

the benefits of the 2019 ANSI Standard’s 

improved inductive coupling 

requirements. In addition, the 2019 

ANSI Standard offers other consumers 

benefits, including coverage of new 

technologies and devices, and an 

expanded frequency range. As 

commenters observe, granting the 

waiver request will allow consumers 

with hearing loss to fully benefit from 

the improvements that the 2019 ANSI 

Standard offers that go beyond those 

related to volume control. 

24. 2N Force Level Conversational 

Gain Test. With these benefits in mind, 

for the conversational gain test at the 2N 

force level the Bureau accepts ATIS’s 

proposal as clarified in the ATIS Ex 

Parte Letter and condition this waiver 

on handsets having to pass testing using 

all available narrowband and wideband 

codecs and air interface combinations. 

Further, the Bureau requires handset 

manufacturers to place the lowest 

conversational gain that results from 

this testing on the handset’s package 

label in a manner consistent with the 


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hearing aid compatibility labeling rules. 

This approach is consistent with ATIS’s 

waiver request. It is also consistent with 

the Commission’s package labeling 

requirements, which require the lowest 

conversational gain that results from 

testing the various combinations of 

narrowband and wideband codecs and 

air interfaces to be placed on the 

package label in order to avoid an 

inflated test result being placed on the 

label. In addition, commenters 

universally support ATIS’s 2N force 

level test proposal as well as all other 

aspects of ATIS’s waiver testing 

proposals. 

25. 8N Force Level Conversational 

Gain Test. As ATIS suggests in the ATIS 

Ex Parte Letter, manufacturers will 

continue to be required to conduct the 

8N force level conversational gain test, 

but the Bureau waives the requirement 

that the test achieve at least an 18 dB 

passing rate. Under this approach, 

manufacturers are required to perform 

the 8N force level test using the same 

testing parameters as established for the 

2N force level test, and must place the 

resulting conversational gain (even if it 

is below 18 dB) on the handset’s 

package label in a manner consistent 

with the existing hearing aid 

compatibility labeling rules. This 

decision is consistent with one of the 

stated reasons that the Commission 

adopted a handset volume control 

requirement, which is not only to aid 

consumers with hearing loss who use 

hearing devices, but also to aid 

consumers with hearing loss who do not 

use hearing devices. The approach the 

Bureau adopts for the 8N force level test 

is consistent with this objective and 

gives consumers with hearing loss who 

do not use hearing aids the relevant 

information that they need to make 

informed handset purchasing decisions. 

26. Distortion/Noise and Frequency 

Response Tests. With respect to the 

related distortion/noise and frequency 

response tests at the 2N and 8N force 

levels, the Bureau accepts ATIS’s 

suggestions set forth in the ATIS Ex 

Parte Letter. Consistent with the ATIS 

Ex Parte Letter, the Bureau conditions 

this waiver on handsets having to pass 

testing using at least one narrowband 

and one wideband codec of the 

manufacturer’s choosing. Further, the 

Bureau accepts ATIS’s suggestion that 

the chosen narrowband and wideband 

codecs will be tested using one bit rate 

and with only those air interfaces 

associated with the chosen codecs. The 

Bureau also accepts ATIS’s suggestion 

that only the chosen narrowband and 

wideband codecs will be tested for 

distortion/noise and frequency response 

and the other codecs used for testing for 

conversational gain at the 2N and 8N 

force levels are not required to undergo 

the distortion/noise and frequency 

response tests. In this regard, the Bureau 

accepts ATIS’s ‘‘alternative method’’ for 

determining the volume control setting 

for purposes of testing the other codecs 

for conversational gain and for reporting 

those test results consistent with that 

method. 

27. This approach follows the TIA 

5050 Standard’s requirement that 

handsets pass testing using one 

narrowband and one wideband codec. 

This approach also gives assurance that 

a handset’s amplifier/speaker 

combination will meet consumer 

expectations over both narrowband and 

wideband modes of voice 

communications as envisioned by the 

current standard. At the same time, the 

decision to accept ATIS’s proposed 

modification and allow manufacturers 

to choose which narrowband and 

wideband codecs to test gives 

manufacturers more flexibility than the 

TIA 5050 Standard, which specifies the 

narrowband and wideband codecs to be 

tested. The Bureau accepts ATIS’s 

suggestion on this point given the 

testing methodology flaw seen when 

testing an AMR codec. 

28. ATIS’s proposal to give 

manufacturers flexibility to choose any 

codec for testing appears linked to the 

data in the HAC Task Force’s Final 

Report that handsets cannot pass the 

distortion/noise and frequency response 

tests using certain codecs. In particular, 

the data relied upon by ATIS indicates 

that handsets cannot pass the distortion/ 

noise test when tested using the AMR 

codecs specified in the TIA 5050 

Standard. ATIS asserts that the 

developers of the TIA 5050 Standard 

did not attempt to resolve the technical 

difficulty of developing a test signal 

with speech-like characteristics that 

could pass substantially unchanged 

through all possible speech codecs or 

that would evaluate the end-to-end 

transparency of the various speech 

codecs. 

29. The HAC Task Force’s Final 

Report, however, includes data from 

two unnamed manufacturers indicating 

that four of their handsets were able to 

pass the distortion/noise part of the 

volume control testing standard using 

an EVS wideband codec as opposed to 

an AMR wideband codec. The Bureau is 

concerned that if manufacturers choose 

to test just narrowband codecs, the 

tested handsets will fail to demonstrate 

the performance of their speaker/ 

amplifier combinations when a 

wideband voice codec is used. As a 

result, for the distortion/noise and 

frequency response tests at the 2N and 

8N force level, rather than requiring 

testing of both narrowband and 

wideband AMR codecs, as generally 

required by the TIA 5050 Standard, the 

Bureau requires that handsets pass 

testing of at least one narrowband codec 

and one wideband codec of the 

manufacturer’s choosing, as discussed 

above. 

30. For the distortion/noise and 

frequency response tests at the 2N and 

8N force levels, manufacturers must 

choose codecs that are within the scope 

of the TIA 5050 Standard, which 

include narrowband and wideband 

codecs, but these codecs do not 

necessarily have to be AMR codecs. 

That is, the Bureau is not limiting the 

codecs that manufacturers can choose 

for testing to just AMR narrowband and 

AMR wideband codecs as defined in 

sections 4.5.1 and 4.5.2 of the TIA 5050 

Standard. While manufacturers may 

choose to test AMR narrowband and 

AMR wideband codecs, they can also 

choose EVS narrowband and EVS 

wideband codecs or any other 

narrowband or wideband codecs that 

are within the scope of the TIA 5050 

Standard. If a handset does not have a 

wideband codec or the handset only has 

an AMR wideband codec, then the test 

report must document this fact and the 

passing requirement under these 

circumstances for the wideband codec 

test is waived. The passing results for 

the distortion/noise and frequency 

response tests must be reported in the 

handset’s test report. 

31. Revised Volume Control KDB 

Guidance. To help in this matter, OET, 

in coordination with the Bureau, will 

issue a revised KDB guidance document 

for volume control testing consistent 

with this Order. This revised KDB 

guidance will address the technical 

testing requirements for the 

conversational gain, distortion/noise, 

and frequency response requirements 

that are part of the conditions of this 

Order. The KDB guidance will also 

address the reporting requirements for 

the test data required under the 

conditions of this Order. Manufacturers 

and testing laboratories are expected to 

fully follow the KDB guidance’s testing 

instructions as issued. These testing 

requirements are to ensure the best 

listening experience for consumers with 

hearing loss as possible under this 

waiver. 

32. Labeling Requirements. The 

Bureau reminds handset manufacturers 

that the Commission’s hearing aid 

compatibility labeling rules require 

certain information to be placed on a 

handset’s package label and additional 

information be provided in the 

handset’s package insert and user 


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70896 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 

manual. The handset package labeling 

rules require that a handset that is 

certified as hearing aid-compatible state 

on the handset’s package label that the 

handset is hearing aid-compatible. In 

addition, if the handset is certified 

under a standard that includes volume 

control requirements, such as under the 

2019 ANSI Standard, the label must 

specify the handset’s conversational 

gain with and without hearing aids. 

These requirements give consumers the 

most pertinent information on a 

handset’s package label and allow 

consumers to determine if the 

conversational gain of the handset meets 

their needs. 

33. In addition, for handsets certified 

as meeting volume control testing 

requirements, the Commission’s rules 

require that package inserts and user 

manuals for these kinds of handsets 

provide an explanation of the handset’s 

volume control capabilities and how 

special testing circumstances such as 

those permitted by this Order affect 

those functions. Consumers must have 

this information to ensure they can 

purchase handsets that best meet their 

individual needs. Since the Bureau is 

waiving certain aspects of the all air 

interface/frequency/codec volume 

control testing approach, consumers 

must be informed as to how this change 

affects the volume control capabilities of 

a handset they are considering that has 

been certified as hearing aid-compatible 

under the conditions of this Order. The 

Bureau requires package inserts and 

user manuals for these type of handsets 

to state which codecs and air interface 

combinations were used to pass testing 

for conversational gain and for the 

related distortion/noise and frequency 

response tests and which codecs and air 

interfaces were not tested. Consumers 

must be able to understand the volume 

control capabilities of tested operations 

and non-tested operations and what this 

means in terms of the volume control 

differences between the two types of 

operations. 

34. Benchmark Compliance. Pursuant 

to this Order, the Bureau allows 

handsets that pass the volume control 

testing requirements set forth above, as 

well as the rest of the 2019 ANSI 

Standard’s testing requirements, to be 

certified as hearing aid-compatible 

under the 2019 ANSI Standard and the 

related TIA 5050 Standard. Handsets 

that satisfy all of these requirements 

may be marketed as meeting the 

Commission’s hearing aid compatibility 

requirements and counted as hearing 

aid-compatible for benchmark 

deployment purposes. The same is true 

for handsets that meet the above testing 

requirements through the permissive 

change process. These types of handsets 

can also be marketed as meeting the 

Commission’s hearing aid compatibility 

requirements and counted as hearing 

aid-compatible for benchmark 

deployment purposes. Handset 

manufacturers, however, must continue 

to comply with all other aspects of the 

Commission’s wireless hearing aid 

compatibility rules, including labeling, 

website posting, and reporting 

requirements. 

35. During the remainder of the 

exclusive use transition period that ends 

on December 5, 2023, handset 

manufacturers may continue to certify 

handsets as hearing aid-compatible 

using either the 2011 ANSI Standard or 

the 2019 ANSI Standard as conditioned 

by this Order. Handsets certified as 

hearing aid-compatible under either of 

these standards may be counted for 

benchmark deployment purposes. 

Consistent with established practice, 

however, handset manufacturers must 

use one or the other standard for 

certification purposes and may not mix 

parts of each standard. After December 

5, 2023, handset manufacturers may 

only certify new handsets as hearing 

aid-compatible using the 2019 ANSI 

Standard as conditioned by this Order. 

36. Waiver Time Limit. The waiver the 

Bureau adopts becomes effective upon 

the release date of this Order and will 

continue to be effective for a two-year 

period after the release date of this 

Order. ATIS and commenters have 

indicated that a new volume control 

standard is being developed through the 

TIA process and that they expect the 

process to move quickly in order to 

make the new standard available to the 

Commission to make effective. The 

Bureau plans to hold parties to this 

commitment, and the Bureau expects 

parties to expedite the process for 

developing a new volume control 

standard in time for the Commission to 

adopt the new standard prior to the 

waiver period expiring. In order to meet 

this objective, the Bureau encourages 

parties to work rapidly and 

cooperatively for the benefit of 

consumers with hearing loss. 

37. The Bureau further conditions this 

Order on ATIS filing with the Bureau a 

letter on the one-year anniversary of the 

release date of this Order. This letter 

must appraise the Commission on the 

status of the development of a new 

volume control standard and any issues 

that have arisen with respect to the 

establishment of the new standard. 

Further, the letter must inform the 

Bureau as to when the new standard 

will be made available to the 

Commission for adoption. This letter 

should be seen as an opportunity for 

ATIS to inform the Commission that 

parties are on track to petition the 

Commission to adopt the new standard 

prior to the waiver period expiring. 

38. The Bureau finds that these 

actions are not only in the public 

interest but also fully consistent with 

the underlying purpose of the 

Commission’s wireless hearing aid 

compatibility rules. These rules are 

based on the principle that consumers 

with hearing loss should have the same 

access to the newest and most advanced 

handsets as consumers without hearing 

loss. By waiving certain handset testing 

requirements under the conditions of 

this Order, the Bureau ensures that the 

underlying purpose of the Commission’s 

hearing aid compatibility rules is not 

frustrated. This Order allows new 

handsets to be certified under the 2019 

ANSI Standard and consumers with 

hearing loss will be able to enjoy the 

benefits that these new handsets will be 

designed to offer. In addition, this 

decision permits handset manufacturers 

to be able to certify new handsets as 

hearing aid-compatible after the 

exclusive use transition period ends this 

coming December. As such, these 

actions are consistent with the 

underlying purpose of the Commission’s 

hearing aid compatibility rules and 

avoid that purpose from being frustrated 

by strict adherence to the volume 

control testing requirements. In view of 

the unique and unusual factual 

circumstances of this case, the Bureau 

finds that strict application of the 

volume control testing requirements 

would be contrary to the public interest. 

39. Finally, the Bureau’s decision is 

consistent with the goal of requiring all 

new handsets to be certified as hearing 

aid-compatible. The Bureau is 

encouraged by the members of the HAC 

Task Force reiterating ‘‘their 

commitment to working towards the 

goal that all new handsets will meet 

HAC requirements,’’ including ‘‘an 

applicable volume control standard.’’ 

The Bureau continues to strive toward 

the goal of 100% hearing aid 

compatibility in the near future and the 

decision to conditionally waive certain 

aspects of the volume control testing 

requirements as discussed above is 

consistent with this objective. This 

decision allows handset manufacturers 

to continue the process of certifying all 

of their handsets as hearing aidcompatible, as many currently do. 

40. Paperwork Reduction Act. This 

document does not contain new or 

substantively modified 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 


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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 70897 

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). 

III. Ordering Clause 

41. Accordingly, it is ordered, 

pursuant to sections 4(i), 303(r), and 610 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303(r), 710, 

and §§ 0.331 and 1.3 of the 

Commission’s rules, 47 CFR 0.331 and 

1.3, that ATIS’s request for a partial 

waiver of § 20.19(b)(1) and (b)(3) is 

granted to the extent indicated herein. 

42. It is further ordered that this Order 

is effective upon release and will remain 

effective for 24 months from the release 

date of this Order. 

43. It is further ordered that the Office 

of the Managing Director, Performance 

Evaluation and Records Management, 

shall send a copy of this 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). 

Federal Communications Commission. 

Amy Brett, 

Chief of Staff, Wireless Telecommunications 

Bureau. 

[FR Doc. 2023–22561 Filed 10–12–23; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1812, 1813, 1816, 1819, 

1823, 1832, and 1852 

[Notice: (23–089)] 

RIN 2700–AE71 

Federal Acquisition Regulation 

Supplement: Revision of the Definition 

of ‘‘Commercial Item’’ (NFS Case 2022– 

N003); Correction 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule; correction. 

SUMMARY: National Aeronautics and 

Space Administration (NASA) is 

correcting a final rule that appeared in 

the Federal Register on September 19, 

2023. The document issued was to 

conform the NASA FAR Supplement 

(NFS) to changes in the Federal 

Acquisition Regulation (FAR) that 

reflect an updated ‘‘commercial item’’ 

definition pursuant to a section of the 

John S. McCain National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2019. 

DATES: Effective October 19, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Andrew O’Rourke, NASA HQs, Office of 

Procurement Management and Policy 

Division, LP–011, 300 E Street SW, 

Washington, DC 20456–0001. 

Telephone 202–358–4560; facsimile 

202–358–3082. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2023–17720 appearing on page 64384 in 

the Federal Register of Tuesday, 

September 19, 2023, the following 

corrections are made: 

PARTS 1812, 1813, 1816, 1819, 1823, 

1832, and 1852—[Corrected] 

■ 1. On page 64385, in the second 

column, in amendment 2, the 

instruction ‘‘In parts 1812, 1816, 1819, 

1823, 1832, and 1852 revise all 

references to ‘‘Commercial Items’’ to 

read ‘‘Commercial Products and 

Commercial Services’’ ’’ is corrected to 

read ‘‘In parts 1812, 1813, 1816, 1819, 

1823, 1832, and 1852 revise all 

references to ‘‘Commercial Items’’ to 

read ‘‘Commercial Products and 

Commercial Services.’’ ’’ 

Dated: October 10, 2023. 

Erica Jones, 

NASA FAR Supplement Manager. 

[FR Doc. 2023–22651 Filed 10–12–23; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 390 

[Docket No. FMCSA–2022–0028] 

RIN 2126–AC53 

Clarification to the Applicability of 

Emergency Exemptions 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA revises the 

emergency exemption rules to narrow 

the scope of safety regulations from 

which relief is automatically provided 

for motor carriers and drivers providing 

direct assistance when an emergency 

has been declared. This rule ensures 

that the relief granted through 

emergency declarations is appropriate 

and tailored to the specifics of the 

circumstances and emergencies being 

addressed. This rule also revises the 

process for extending automatic 

emergency regulatory relief where 

circumstances warrant and allows for 

potential reporting requirements when 

FMCSA issues an extension or 

modification. 

DATES: Effective December 12, 2023. 

Comments on the information 

collection in this final rule must be 

submitted to the Office of Information 

and Regulatory Affairs (OIRA) at the 

Office of Management and Budget 

(OMB) by November 13, 2023. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

November 13, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kathryn Sinniger, Regulatory Law 

Division, Office of the Chief Counsel, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, (202) 570– 

8062, Kathryn.sinniger@dot.gov. If you 

have questions on viewing material in 

the docket, call Dockets Operations at 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this final rule as follows: 

I. Availability of Rulemaking Documents 

II. Comments on the Information Collection 

III. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

B. Summary of Major Provisions 

C. Costs and Benefits 

IV. Abbreviations 

V. Legal Basis 

VI. Discussion of Proposed Rulemaking and 

Comments 

A. Proposed Rulemaking 

B. Comments and Responses 

VII. Changes From the NPRM 

VIII. Section-by-Section Analysis 

IX. Severability 

X. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), E.O. 

14094 (Modernizing Regulatory Review), 

and DOT Regulatory Policies and 

Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0028/document and 

choose the document to review. To view 

comments, click this final rule, then 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 


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