29710 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

that had fulfilled its stated purpose 

when EPA designated the site in 1990. 

d. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in the 

Unfunded Mandates Reform Act 

(UMRA), 2 U.S.C. 1531–1538, and does 

not significantly affect small 

governments. The action imposes no 

new enforceable duty on any state, local 

or tribal governments or the private 

sector. 

e. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among various levels of 

government. 

f. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175, because the withdrawal 

from EPA regulation of the Grays Harbor 

Eight Mile Site will not have a direct 

effect on Indian Tribes, on the 

relationship between the federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. Although Executive Order 

13175 does not apply to this action, the 

EPA consulted with tribal officials in 

the development of this action, 

particularly as it relates to potential 

impacts to tribal trust resources and 

tribal operations within the Quinault 

Indian Nation’s Usual and Accustomed 

Area. The Quinault Indian Nation 

responded to EPA’s request for Tribal 

Consultation on April 5, 2018, stating 

this action does not require governmentto-government consultation. 

g. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. This action’s health and risk 

assessments are contained in Section 3. 

Background, a. History of Disposal Sites 

near Grays Harbor, Washington. 

h. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

i. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

j. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this decision is 

contained in Section 5. Statutory and 

Executive Order Reviews, f. Executive 

Order 13175: Consultation and 

Coordination with Indian Tribal 

Governments. 

k. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research and Sanctuaries Act, as 

amended, 33 U.S.C. 1401, 1411, 1412. 

Dated: May 24, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

For the reasons set out in the 

preamble, the EPA amends title 40, 

chapter I, subchapter H of the Code of 

Federal Regulations as follows: 

PART 228—CRITERIA FOR THE 

MANAGEMENT OF DISPOSAL SITES 

FOR OCEAN DUMPING 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

§ 228.15 [Amended] 

■ 2. Section 228.15 is amended by 

removing and reserving paragraph 

(n)(10). 

[FR Doc. 2018–13715 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 90 

[PS Docket No. 13–87; PS Docket No. 06– 

229, WT Docket No. 96–86, RM–11433 and 

RM–11577, FCC 16–111] 

Service Rules Governing Narrowband 

Operations in the 769–775/799–805 

MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Service Rules 

Governing Narrowband Operations in 

the 769–775/799–805 MHz Bands Order 

on Reconsideration (Order). This 

document is consistent with the Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing the 

effective date of those rules. 

DATES: The amendments to 47 CFR 

2.1033(c)(20) and 90.548(c) published at 

81 FR 66830, September 29, 2016, are 

effective July 26, 2018. 

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Policy and Licensing Division, 

Public Safety and Homeland Bureau, at 

(202) 418–0848, or email: john.evanoff@

fcc.gov. For additional information 

concerning the information collection 

requirements contained in this 

document, send an email to PRA@

fcc.gov or contact Nicole Ongele, Office 

of Managing Director, Performance 

Evaluation and Records Management, 

202–418–2991, or by email to PRA@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on March 13, 

2017, OMB approved, for a period of 

three years, the information collection 

requirements relating to the 700 MHz 

interoperability testing rules contained 

in the Commission’s Report and Order, 

FCC 16–111, published at 81 FR 66830, 

Sept. 29, 2016. The OMB Control 

Number is 3060–0057. The Commission 

publishes this document as an 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29711 

announcement of the effective date of 

the rules. If you have any comments on 

the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Nicole 

Ongele, Federal Communications 

Commission, Room 1–A620, 445 12th 

Street SW, Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0057, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on March 

13, 2017, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR parts 2 and 90. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0057. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0057. 

OMB Approval Date: March 13, 2017. 

OMB Expiration Date: March 31, 

2020. 

OMB Control Number: 3060–0057. 

Title: Application for Equipment 

Authorization, FCC Form 731. 

Form Number: FCC Form 731. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities, and state, local, or tribal 

government. 

Number of Respondents and 

Responses: 3,740 respondents; 22,250 

responses. 

Estimated Time per Response: 35 

hours. 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for these collections are 

contained in Sections 4(i), 301, 302, 

303(e), 303(f), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 301, 

302, 303(e), 303(f), and 303(r). 

Total Annual Burden: 778,750 hours. 

Total Annual Cost: $34,465,000. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Needs and Uses: Commission rules 

require that manufacturers of certain 

radio frequency (RF) equipment file FCC 

Form 731 to obtain approval prior to 

marketing their equipment. 

Manufacturers may then market their RF 

equipment based on a showing of 

compliance with technical standards 

established in the FCC Rules for each 

type of equipment or device operated 

under the applicable FCC Rule part. The 

following types of equipment are 

regulated (a) the RF equipment is 

regulated under certain rule sections of 

47 CFR part 15 and part 18, and (b) in 

addition, rules governing certain RF 

equipment operating in the licensed 

services also require equipment 

authorization as established in the 

procedural rules in 47 CFR part 2. The 

RF equipment manufacturers comply 

with the information collection 

requirements by (a) Filing FCC Form 

731 electronically with the Commission, 

or (b) Submitting the information to a 

Telecommunications Certification Body 

(TCB), which acts on behalf of the FCC 

to issue grants of certification and may 

issue grants more expeditiously than the 

FCC. The TCBs have flexibility in the 

format in which they require the 

collection of information (i) TCBs may 

require applicants to submit the 

required information in FCC Form 731 

format or in another format selected by 

the TCB, but (ii) whatever the 

information collection method, the 

information required is governed by the 

procedural rules in 47 CFR part 2 and 

a showing of compliance with the FCC 

technical standards for the specific type 

of equipment. RF manufacturer 

applicants for equipment certification 

may also request ‘‘expedited 

authorization’’ to market their 

equipment by: (a) Choosing to pay the 

fee levied by a TCB, and (b) submitting 

their request to a TCB in order for 

expedited authorization to market. The 

TCB processes the RF equipment 

manufacturer’s application as follows: 

(i) The TCB receives and reviews the RF 

manufacturer’s information submission/ 

application; and (ii) the TCB enters the 

information into the FCC Equipment 

Authorization System database using an 

interface that provides the TCB with the 

tools to issue a standardized Grant of 

Equipment Authorization. Whichever 

method the RF manufacturers choose to 

submit their information—via either the 

FCC on FCC Form 731 or the TCB, FCC 

Rules require that applicants supply the 

following data: (a) Demographic 

information including Grantee name 

and address, contact information, etc.; 

(b) information specific to the 

equipment including FCC Identifier, 

equipment class, technical 

specifications, etc.; and (c) attachments 

that demonstrate compliance with FCC 

Rules that may include any combination 

of the following based on the applicable 

Rule parts for the equipment for which 

authorization is requested: (1) 

Identification of equipment (47 CFR 

2.925); (2) attestation statements that 

may be required for specific equipment; 

(3) external photos of the equipment for 

which authorization is requested; (4) 

block diagram of the device; (5) 

schematics; (6) test report; (7) test setup 

photos; (8) Users Manual; (9) Internal 

Photos; (10) Parts List/Tune Up 

Information; (11) RF Exposure 

Information; (12) Operational 

Description; (13) Cover Letters; and, (14) 

Software Defined Radio/Cognitive Radio 

Files. 

In general, an applicant’s submission 

is as follows: (a) FCC Form 731 includes 

approximately two pages covering the 

demographic and equipment 

identification information; and (b) 

applicants must supply additional 

documentation and other information, 

as described above, demonstrating 

conformance with FCC Rules, which 

may range from 100–1,000 pages. The 

supplemental information is essential to 

control potential interference to radio 

communications, which the FCC may 

use, as is necessary, to investigate 

complaints of harmful interference. In 

response to new technologies and in 

allocating spectrum, the Commission 

may establish new technical operating 

standards: (a) RF equipment 

manufacturers must meet the new 

standards to receive an equipment 

authorization, and (b) RF equipment 

manufacturers must still comply with 

the Commission’s requirements in FCC 

Form 731 and demonstrate compliance 

as required by 47 CFR part 2 of FCC 

Rules. Thus, this information collection 

applies to a variety of RF equipment: (a) 

That is currently manufactured, (b) that 

may be manufactured in the future, and 


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29712 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

1Congressional direction for a P25 compliance 

assessment program can be found in the COPS Law 

Enforcement Technologies and Interoperable 

Communications Program section of the Conference 

Report to Public Law 109–148, as well as the 

Science & Technology Management and 

Administration section of Division E of the 

Conference Report to Public Law 110–161. 

(c) that operates under varying technical 

standards. On July 8, 2004, the 

Commission adopted a Report and 

Order, Modification of Parts 2 and 15 of 

the Commission’s rules for Unlicensed 

Devices and Equipment Approval, ET 

Docket No. 03–201, FCC 04–165. The 

change requires that all paper filings 

required in 47 CFR Sections 2.913, 

2.926(c), 2.929(c) and 2.929(d) of the 

rules are outdated and now must be 

filed electronically via the internet on 

FCC Form 731. The Commission 

believes that electronic filing speeds up 

application processing and supports the 

Commission in further streamlining to 

reduce cost and increase efficiency. 

Information on the procedures for 

electronically filing equipment 

authorization applications can be 

obtained from the Commission’s rules, 

and from the internet at: http://

transition.fcc.gov/oet/ea/ea-appinfo.htm. 

On August, 26, 2016, the Federal 

Communications Commission released 

an Order on Reconsideration, FCC 16– 

111, PS Docket No. 13–87 that modified 

Part 2 and Part 90 of the Rules for 

equipment approval and Private Land 

Mobile Radio Services. The amended 

rule requires all Wireless 

Communications Equipment 

Manufacturers who manufacture 700 

MHz narrowband equipment capable of 

operating on the interoperability 

channels to demonstrate compliance 

with the Commission’s Interoperability 

Technical Standards in 90.548. The 

Order on Reconsideration prescribed 

two methods stage for showing 

compliance with Section 90.548 after 

equipment authorization application 

approval and before the marketing and 

sale of equipment capable of operating 

on the 700 MHz narrowband 

interoperability channels. Specifically, 

the Commission modified Section 

2.1033(c)(20) to provide that before 

equipment operating under 47 CFR part 

90 and capable of operating on the 700 

MHz interoperability channels (See 47 

CFR 90.531(b)(1)) may be marketed or 

sold, the manufacturer thereof shall 

have a Compliance Assessment Program 

Supplier’s Declaration of Conformity 

and Summary Test Report or, 

alternatively, a document detailing how 

the manufacturer determined that its 

equipment complies with 47 CFR 

90.548 and that the equipment is 

interoperable across vendors. 

Submission of a 700 MHz narrowband 

radio for certification will constitute a 

representation by the manufacturer that 

the radio will be shown, by testing, to 

be interoperable across vendors before it 

is marketed or sold. 

The Commission also modified 

Section 90.548(c) of the Commission’s 

rules to provide that transceivers 

capable of operating on the 

interoperability channels listed in 47 

CFR 90.531(b)(1) shall not be marketed 

or sold until the transceiver has 

previously been certified for 

interoperability by the Compliance 

Assessment Program (CAP) 

administered by the U.S. Department of 

Homeland Security; provided, however, 

that this requirement is suspended if the 

CAP is discontinued. Submission of a 

700 MHz narrowband radio for 

certification will constitute a 

representation by the manufacturer that 

the radio will be shown, by testing, to 

be interoperable across vendors before it 

is marketed or sold. In the alternative, 

manufacturers may employ their own 

protocol for verifying compliance with 

Project 25 standards and determining 

that their product is interoperable 

among vendors. In the event that field 

experience reveals that a transceiver is 

not interoperable, the Commission may 

require the manufacturer thereof to 

provide evidence of compliance with 47 

CFR 90.548. 

To effectively implement the 

provisions of the new Rules, no 

modifications to the existing FCC Form 

731 Application for Equipment 

Authorization are required. The changes 

are intended to simplify the filing 

process, ensure equipment complies 

with Project 25 standards and is 

interoperable across vendors. The 

following specific methods are proposed 

to ensure compliance with Section 

90.548 and simplify filing processes for 

equipment manufacturers: 

(1) The Order on Reconsideration 

establishes that before the marketing or 

sale of equipment designed to operate 

on the 700 MHz narrowband 

interoperability channels, 

manufacturers shall have a Compliance 

Assessment Program Supplier’s 

Declaration of Conformity and Summary 

Test Report or, alternatively, a 

document detailing how the 

manufacturer determined that its 

equipment complies with § 90.548 and 

that the equipment is interoperable 

across vendors. OMB has approved the 

information collections associated with 

P25 CAP compliance under OMB 

Control No. 1640–0015.1

(2) In the event that field experience 

reveals that a transceiver is not 

interoperable, the Commission may 

require the manufacturer thereof to 

provide evidence of compliance with 

§ 90.548. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–13700 Filed 6–25–18; 8:45 am] 

BILLING CODE 6712–01–P 


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