Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1661 

2. This Bond remains in full force and 

effect according to its terms except as 

modified above. 

In witness whereof we have hereunto set 

our hands and seals on this [ll] day of 

[ll], 20[ll], 

[Principal], By: 

[Surety], By: 

* * * * * 

3. Revise paragraph 1.a. of Appendix F to 

Subpart C of Part 515 to read as follows: 

* * * * * 

1. * * * 

a. An additional condition of this Bond is 

that $ [ll] (payable in U.S. Dollars or 

Renminbi Yuan at the option of the Surety) 

shall be available to any NVOCC enumerated 

in an Appendix to this Rider to pay any fines 

and penalties for activities in the U.S.-China 

trades imposed by the Ministry of 

Communications of the People’s Republic of 

China (‘‘MOC’’) or its authorized competent 

communications department of the people’s 

government of the province, autonomous 

region or municipality directly under the 

Central Government or the State 

Administration of Industry and Commerce 

pursuant to the Regulations of the People’s 

Republic of China on International Maritime 

Transportation and the Implementing Rules 

of the Regulations of the PRC on 

International Maritime Transportation 

promulgated by MOC Decree No. 1, January 

20, 2003. Such amount is separate and 

distinct from the bond amount set forth in 

the first paragraph of this Bond. Payment 

under this Rider shall not reduce the bond 

amount in the first paragraph of this Bond or 

affect its availability. The Surety shall 

indicate that $50,000 is available to pay such 

fines and penalties for each NVOCC listed on 

appendix A to this Rider wishing to exercise 

this option. 

* * * * * 

By the Commission. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2012–388 Filed 1–10–12; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 11–202; FCC 11–185] 

Private Land Mobile Radio Service 

Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

modify our rules to permit the 

implementation of foreign object debris 

(FOD) detection radar in the 78–81 GHz 

band. FOD at airports can seriously 

threaten the safety of airport personnel 

and airline passengers and can have a 

negative impact on airport logistics and 

operations. We seek comment on service 

and technical rules, and on whether 

such operations should be authorized 

on a licensed or unlicensed basis. 

DATES: Submit comments on or before 

February 10, 2012 and reply comments 

are due on or before February 27, 2012. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 11–202; 

FCC 11–185, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Tim 

Maguire, Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

2155. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking and Order 

(‘‘NPRM’’) in WT Docket No. 11–202, 

FCC 11–185, adopted December 15, 

2011, and released December 20, 2011. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

email to fcc504@fcc.gov or by calling the 

Consumer & Governmental Affairs 

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

418–0432 (tty). 

I. Procedural Matters 

A. Ex Parte Rules-Permit-but-Disclose 

Proceeding 

1. The proceeding this Notice initiates 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

B. Comment Dates 

2. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

D Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 


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1662 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

1See 5 U.S.C. 603(a). 

2 Id. 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

D All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes must be 

disposed of before entering the building. 

D Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

D U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington DC 20554. 

People with Disabilities: 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 & Governmental Affairs 

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

418–0432 (tty). 

C. Paperwork Reduction Act 

3. This NPRM may contain proposed 

new information collection 

requirements dependent on which 

potential licensing scheme the 

Commission adopts. The Commission, 

as part of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we seek specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

II. Initial Regulatory Flexibility 

Analysis 

4. As required by the Regulatory 

Flexibility Act (RFA), the Commission 

has prepared this Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

small entities of the policies and rules 

proposed in the Notice of Proposed Rule 

Making in WT Docket No. 11–202 

(NPRM). Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments on the NPRM as provided on 

the first page of this document. The 

Commission will send a copy of the 

NPRM, including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration.1 In addition, 

the NPRM and IRFA (or summaries 

thereof) will be published in the Federal 

Register.2

5. The proposed rules in the NPRM 

are intended to permit the 

implementation of foreign object debris 

(FOD) detection radar in the 78–81 GHz 

band. FOD at airports can seriously 

threaten the safety of airport personnel 

and airline passengers and can have a 

negative impact on airport logistics and 

operations. 

A. Legal Basis 

6. Authority for issuance of this item 

is contained in sections 4(i), 303(r), and 

403 of the Communications Act of 1934, 

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

and 403. 

B. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

7. Pursuant to 5 U.S.C. 603(b)(3), the 

RFA directs agencies to provide a 

description of and, where feasible, an 

estimate of the number of small entities 

that may be affected by the proposed 

rules, if adopted. The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

Id. In addition, according to 5 U.S.C. 

601(3), the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one that: (1) Is independently owned 

and operated; (2) is not dominant in its 

field of operation; and (3) satisfies any 

additional criteria established by the 

SBA at 5 U.S.C. 632. Pursuant to 5 

U.S.C. 601(3), the statutory definition of 

a small business applies ‘‘unless an 

agency after consultation with the Office 

of Advocacy of the SBA, and after 

opportunity for public comment, 

establishes one or more definitions of 

such term which are appropriate to the 

activities of the agency and publishes 

such definition(s) in the Federal 

Register.’’ Below, we further describe 

and estimate the number of small entity 

licensees and regulatees that may be 

affected by the rules changes proposed 

in this NPRM. 

8. The SBA has developed a small 

business size standard for airport 

operations within the two broad 

economic census categories of ‘‘Air 

Traffic Control’’ and ‘‘Other Airport 

Operations.’’ See 13 CFR 121.201, 

NAICS codes 488111 and 488119. 

Under both categories, the SBA deems 

a business to be small if it has average 

annual receipts of seven million dollars 

or less. For the census category of 

Airport Operations, Census Bureau data 

for 2007 show that there were 1,075 

firms in this category that operated for 

the entire year. Of this total, 899 had 

annual revenue of less than five million 

dollars, and 74 had annual revenue 

between five and ten million dollars. 

Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. 

9. Some of the rules proposed herein 

may also affect small businesses that 

manufacture aviation radio equipment. 

The Commission has not developed a 

definition of small entities applicable to 

aviation radio equipment 

manufacturers. Therefore, the applicable 

definition is that for Radio and 

Television Broadcasting and Wireless 

Communications Equipment 

Manufacturers. The Census Bureau 

defines this category as follows: ‘‘This 

industry comprises establishments 

primarily engaged in manufacturing 

radio and television broadcast and 

wireless communications equipment. 

Examples of products made by these 

establishments are: Transmitting and 

receiving antennas, cable television 

equipment, GPS equipment, pagers, 

cellular phones, mobile 

communications equipment, and radio 

and television studio and broadcasting 

equipment.’’ The SBA has developed a 

small business size standard for Radio 

and Television Broadcasting and 

Wireless Communications Equipment 

Manufacturing, which is: All such firms 

having 750 or fewer employees. See 13 

CFR 121.201, NAICS codes 334220. For 

this category of manufacturers, Census 

data for 2007, which supersede the 

similar data in the 2002 Census, show 

that there were 398 such establishments 

that operated that year. Of those 398 

establishments, 393 (approximately 


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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1663 

3 5 U.S.C. 603(c)(1)–(4). 

99%) had fewer than 1,000 employees 

and 912 (approximately 97%) had fewer 

than 500 employees. Between these two 

figures, the Commission estimates that 

about 915 establishments 

(approximately 97%) had fewer than 

750 employees and, thus, would be 

considered small under the applicable 

SBA size standard. Accordingly, the 

majority of establishments in this 

category can be considered small under 

that standard. 

C. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

10. The rule changes under 

consideration in the NPRM would 

require manufacturers to meet certain 

criteria and potential users to operate 

the equipment as prescribed in the 

rules. We believe the proposed rules 

would have no other significant effect 

on the compliance burdens of 

regulatees. We invite comment on our 

tentative conclusion that the possible 

rule changes will not have a negative 

impact on small entities, or for that 

matter any entities, and do not impose 

new compliance costs on any entity. To 

the extent that commenters believe that 

any of the above possible rule changes 

would impose a new reporting, 

recordkeeping, or compliance burden on 

small entities, we ask that they describe 

the nature of that burden in some detail 

and, if possible, quantify the costs to 

small entities. 

D. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

11. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives: (1) The 

establishment of differing compliance or 

reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) the 

clarification, consolidation, or 

simplification of compliance or 

reporting requirements under the rule 

for small entities; (3) the use of 

performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.3

12. We hereby invite interested 

parties to address any or all of these 

regulatory alternatives and to suggest 

additional alternatives to minimize any 

significant economic impact on small 

entities. Any significant alternative 

presented in the comments will be 

considered. 

E. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

13. None. 

III. Ordering Clauses 

14. Pursuant to sections 1, 4(i), 303(f), 

303(g), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 303(f), 

303(g), and 303(r), this Notice of 

Proposed Rule Making Is Adopted. 

15. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of this Notice of Proposed Rule 

Making, including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

16. Pursuant to sections 4(i), 302, and 

303(e), of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 302, 

and 303(e), and § 1.3 of the 

Commission’s rules, 47 CFR 1.3, the 

Request for Waiver filed by Trex 

Enterprises Corporation on November 3, 

2010, Is Granted In Part and Denied In 

Part to the extent set forth above. This 

action is effective upon release of the 

Order. 

List of Subjects in 47 CFR Part 90 

Communications equipment, Private 

land mobile, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 90 as follows: 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

1. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7). 

2. Section 90.103 is amended by 

revising the table in paragraph (b) by 

inserting a new entry at the end of the 

table and by adding paragraph (c)(30) to 

read as follows: 

§ 90.103 Radiolocation Service. 

* * * * * 

(b) * * * 


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1664 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

RADIOLOCATION SERVICE FREQUENCY TABLE

Frequency or band Class of stations Limitations 

*******

78,000–81,000 ....................................................................................... do ............................................................................... 30 

(c) * * * 

(30) Eligibility is restricted to airport 

authorities, or entities approved by the 

Federal Aviation Administration. Use is limited to foreign object debris 

detection. 

* * * * * 

[FR Doc. 2012–351 Filed 1–10–12; 8:45 am] 

BILLING CODE 6712–01–P 


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