25386 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

182 RACT requirements for wine 

fermentation and storage tank 

operations. See 77 FR 1417, 1425 

(January 10, 2012). Final approval of 

Rule 4694 would satisfy California’s 

obligation to implement RACT under 

CAA section 182 for this source category 

for the 1-hour ozone and 1997 8-hour 

ozone NAAQS. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10202 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 10–23; FCC 12–34] 

Tank Level Probing Radars 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

expand the scope of this proceeding to 

propose a set of technical rules for the 

operation of unlicensed level probing 

radars (LPR) in several frequency bands. 

LPR devices are low-power radars that 

measure the level (relative height) of 

various substances in man-made or 

natural containments. In open-air 

environments, LPR devices may be used 

to measure levels of materials such as 

coal piles or water basin levels. An LPR 

device also may be installed inside an 

enclosure, e.g., a tank made of materials 

such as steel or fiberglass and 

commonly referred to as a tank level 

probing radar (TLPR) that could be 

filled with liquids or granulates. During 

the pendency of the rulemaking 

proceeding, but outside this proceeding, 

the Commission received waiver 

requests and other inquiries regarding 

outdoor use on additional frequencies 

under existing rules for unlicensed 

devices. To address the apparent need 

for a comprehensive and consistent 

approach to LPR devices, the 

Commission is proposing in this 

FNPRM rules that would apply to the 

operation of LPR devices installed in 

both open-air environments and inside 

storage tanks in the following frequency 

bands: 5.925–7.250 GHz, 24.05–29.00 

GHz, and 75–85 GHz. 

DATES: Comments must be filed on or 

before May 30, 2012, and reply 

comments must be filed on or before 

June 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Anh 

Wride, Office of Engineering and 

Technology, (202) 418–0577, email: 

Anh.Wride@fcc.gov, TTY (202) 418– 

2989. 

ADDRESSES: You may submit comments, 

identified by [docket number and/or 

rulemaking number], by any of the 

following methods: 

D Federal Communications 

Commission’s Web Site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

D Mail: Anh Wride, Office of 

Engineering and Technology, Room 7– 

A363, Federal Communications 

Commission, 445 12th SW., 

Washington, DC 20554. 

D 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. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rule Making, ET 

Docket No. 10–23, FCC 12–34, adopted 

March 26, 2012, and released March 27, 

2012. The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street SW., Washington, DC 

20554. The complete text of this 

document also 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. 

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 the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

D Electronic Filers: Comments may be 

filed electronically using the Internet by 


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accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/. 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy 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 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes 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). 

Summary of Further Notice of Proposed 

Rulemaking 

1. In the Further Notice of Proposed 

Rule Making (FNPRM), the Commission 

expands the scope of this proceeding to 

propose a set of technical rules for the 

operation of unlicensed level probing 

radars (LPR) in several frequency bands. 

LPR devices are low-power radars that 

measure the level (relative height) of 

various substances in man-made or 

natural containments. In open-air 

environments, LPR devices may be used 

to measure levels of materials such as 

coal piles or water basin levels. An LPR 

device also may be installed inside an 

enclosure, e.g., a tank made of materials 

such as steel or fiberglass and 

commonly referred to as a tank level 

probing radar (TLPR) that could be 

filled with liquids or granulates. In the 

Notice of Proposed Rule Making and 

Order (Notice and Order), 75 FR 9850, 

March 4, 2010, in this proceeding, the 

Commission proposed rules applicable 

only to TLPR devices for operation in 

the 77–81 GHz band inside steel and 

concrete tanks, as that was the use 

requested by the initial proponents. 

During the pendency of the rulemaking 

proceeding, but outside this proceeding, 

the Commission received waiver 

requests and other inquiries regarding 

outdoor use on additional frequencies 

under existing part 15 rules for 

unlicensed devices. To address the 

apparent need for a comprehensive and 

consistent approach to LPR devices, the 

Commission proposed in this FNPRM 

rules that would apply to the operation 

of LPR devices installed in both openair environments and inside storage 

tanks in the following frequency bands: 

5.925–7.250 GHz, 24.05–29.00 GHz, and 

75–85 GHz. 

2. LPR devices can provide accurate 

and reliable target resolution to identify 

water levels in rivers and dams or 

critical levels of materials such as fuel, 

sewer-treated waste, and high risk 

substances, reducing overflow and 

spillage and minimizing exposure of 

maintenance personnel in the case of 

high risk materials. The Commission is 

proposing a set of rules that would be 

applicable to LPR devices (including 

TLPR devices) that would allow the 

expanded development of a variety of 

radar level-measuring products that will 

benefit the public and industry and 

improve the accuracy and reliability of 

these measuring tools beyond that 

which is permitted under our current 

part 15 rules. To the extent practicable, 

these proposals would also harmonize 

our technical rules for LPR devices with 

similar European standards in an effort 

to improve the competitiveness of U.S. 

manufacturers in the global economy. 

The Commission believes that, with 

appropriate rules, LPR devices can 

operate on an unlicensed basis in the 

proposed frequency bands without 

causing harmful interference to 

authorized services. 

3. On January 14, 2010, the 

Commission adopted the Notice and 

Order in this proceeding in response to: 

(1) a Petition for Rulemaking from 

Siemens Milltronics Process 

Instruments Inc. (Siemens) requesting 

that the Commission amend its rules to 

allow TLPR devices to operate in the 

‘‘restricted’’ 77–81 GHz frequency band 

inside steel or concrete tank enclosures; 

(2) a concurrent request for waiver, also 

by Siemens, of § 15.205(a) to allow 

TLPR operation in the 78–79 GHz 

frequency band, subject to certain 

conditions; and (3) a similar request for 

waiver by Ohmart/VEGA Corporation 

(Ohmart/VEGA) to allow TLPR 

operation in the 77–81 GHz band. The 

Notice and Order proposed to modify 

part 15 of the rules to allow the 77–81 

GHz frequency band to be used on an 

unlicensed basis for the operation of 

LPR equipment installed inside closed 

storage tanks made of metal, concrete, or 

other material with similar attenuating 

characteristics and also sought comment 

on whether to allow TLPR operation on 

an unlicensed basis in the 75–85 GHz 

band. The Notice and Order also sought 

comment on whether the Commission 

should allow installation of TLPR 

devices in tanks made of materials with 

a lower attenuation coefficient than 

steel/concrete, including open-air 

installations, and requested input on 

additional measures to ensure that TLPR 

devices installed in such enclosures 

comply with the radiated emissions 

limit outside the tank. No comments 

were received in opposition to the 

specific proposals set forth in the Notice 

and Order, but no comments were 

received regarding open-air installations 

or other containers. The Order granted 

waivers of the restriction on spurious 

emissions in the 77–81 GHz band set 

forth in § 15.205(a) to Siemens, Ohmart/ 

VEGA, and any other responsible party 

that meets the specified waiver 

conditions, to permit TLPR devices to 

be installed inside tanks with high 

attenuation characteristics, e.g., steel or 

concrete, pending the conclusion of the 

concurrently initiated rulemaking. 

4. To date, the Commission has 

authorized LPR devices primarily for 

use in tanks upon demonstration of 

compliance with § 15.209 of the rules, 

which specifies an average EIRP limit of 

¥41.3 dBm for operations above 960 

MHz. In addition, § 15.35(b) of the rules 

sets a peak limit at 20 dB above the 

average limit, e.g., a peak EIRP limit of 

¥21.3 dBm. For pulsed signals, it may 

be necessary to take into account the 

limitations of the measurement 

instrumentation to determine the total 

peak power level, through the use of a 

pulse desensitization correction factor 

(PDCF), which is an adjustment factor 

that must be added to the indicated 

value of a pulsed emission on a 

spectrum analyzer when the emission 

bandwidth of the pulse exceeds the 

resolution bandwidth of the analyzer. 

Therefore, pulsed LPR devices often 

must reduce their peak power output to 

comply with the peak emission limit in 

§ 15.209 and thus may sacrifice the 

necessary precision and accuracy 

required in many applications. LPR 

devices using other modulation 

techniques, e.g., FMCW, also need 

wider bandwidth in certain frequency 


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25388 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

ranges to achieve the necessary 

measurement precision. 

5. On January 26, 2010, the 

Commission placed on public notice a 

request for waiver of § 15.252(a) of the 

Commission’s rules filed by Ohmart/ 

VEGA to permit certification of LPR 

devices installed at fixed locations at 

outdoor sites as well as inside storage 

tanks in the 24.6–27 GHz frequency 

band. On January 3, 2011, the 

Commission also received a request for 

waiver of the frequency band 

restrictions of § 15.250 from Sutron 

Corporation to operate its water level 

probing radar in the 5.460–7.250 GHz 

frequency band with fixed outdoor 

infrastructure. Because these waiver 

requests raise issues that are, in part, 

similar to those raised in this FNPRM, 

we are holding these two requests in 

abeyance pending final action in this 

rulemaking proceeding. 

6. In the FNPRM, the Commission 

proposes a set of rules that would be 

applicable to LPR devices used in any 

RF level-measuring application, 

whether in an open-air environment or 

inside an enclosure, to address the 

needs for a comprehensive and 

consistent approach to LPR devices. 

These proposals are intended to allow 

for the introduction of more diverse 

applications of LPRs in several 

frequency bands and improve the 

accuracy and reliability of these levelmeasuring tools beyond what is 

permitted under our current part 15 

rules. The Commission also believes 

that the proposed rules will help to 

simplify equipment development and 

certification of LPR devices as well as 

provide a simplified method for 

measuring the radiated emissions from 

these devices. 

7. The Commission has previously 

authorized LPR devices primarily for 

use in tanks upon demonstration of 

compliance with § 15.209 of the rules, 

which specifies an average EIRP limit of 

¥41.3 dBm for operations above 960 

MHz. In addition, these devices have 

also been required to demonstrate that 

they comply with § 15.35(b) of the rules, 

which sets a peak limit at 20 dB above 

the average limit, e.g., a peak EIRP limit 

of ¥21.3 dBm. Pulsed LPR devices 

often must reduce their peak power 

output in order to comply with this 

peak emission limit and thus may 

sacrifice the necessary precision and 

accuracy required by many applications. 

LPR devices using other modulation 

techniques, e.g., FMCW, also need 

wider bandwidth in certain frequency 

ranges to achieve the necessary 

measurement precision. LPR devices 

need higher power and wider 

bandwidth than permitted under 

§ 15.209 of the rules to fully achieve the 

potential of RF level-measuring 

technology. In addition, the part 15 

rules for similar wide-band devices such 

as §§ 15.250 or 15.252 contain frequency 

and operational restrictions which 

preclude the certification of LPR devices 

absent a waiver. 

8. In expanding the scope of this 

rulemaking proceeding, the Commission 

is responding to an industry-wide need 

to employ wider bandwidth and higher 

power to implement more diverse 

applications in RF level-measuring 

while maintaining or improving 

accuracy and reliability. Specifically, it 

proposes to amend part 15 to provide a 

set of new rules to govern specifically 

the operation of LPR devices installed 

both in open-air environments and 

inside storage tanks (TLPR applications) 

in the following frequency bands: 

5.925–7.250 GHz, 24.05–29.00 GHz, and 

75–85 GHz. To permit LPR operation in 

the 75–85 GHz band, the Commission 

also proposes to modify existing 

§ 15.205 of the rules to remove the 

prohibition on intentional emissions in 

this band. The Commission further 

proposes to treat LPR and TLPR devices 

the same with respect to emission limits 

and frequency bands of operation 

without any additional installation 

limitations. That is, a level measuring 

radar that complies with our proposed 

rules would be able to be used in any 

application, whether outdoors in the 

open or inside any type of enclosure. 

Accordingly, the proposals for emission 

limits in this FNPRM would supersede 

the emission limit proposals for TLPR 

devices in the Notice and Order. 

9. The Commission is proposing 

emission limits for the main-beam 

emissions which are based on the ETSI 

LPR Technical Standard and take into 

account the fact that there may be no 

additional attenuation provided by a 

tank enclosure. The proposed limits 

would allow the main-beam emissions 

from LPRs to be higher in power than 

is allowed under the general emission 

limits in § 15.209. However, the levels 

of reflected emissions are not expected 

to exceed those general emission limits, 

and therefore no increased potential for 

interference is expected. The 

Commission also proposes to require 

that all spurious/unwanted emission 

limits from LPRs not exceed the general 

emission limits in § 15.209 when 

measured in the main beam of a device’s 

transmit antenna; the measurement 

procedure would also utilize elevation 

and azimuth measurement scans to 

determine the location at which these 

unwanted emissions are maximized. To 

further protect authorized services 

operating in the same and adjacent 

frequency bands, the Commission 

proposes to: (1) Require the LPR 

antenna to be dedicated or integrated as 

part of the transmitter and 

professionally installed in a downward 

position; (2) limit installations of LPR 

devices to fixed locations; and (3) 

prohibit hand-held applications of LPR 

and the marketing of LPR devices to 

residential consumers. 

10. The Commission based these 

proposals on the various waiver and 

informal rule interpretation requests it 

has received, and the emission limits 

adopted in Europe for LPR devices. 

Although our proposals would generally 

harmonize our rules with the European 

LPR regulations with respect to the 

limits for fundamental emissions, they 

also would address the specific 

spectrum needs and restrictions in the 

U.S. 

11. Frequency Bands of Operation. 

The Commission proposes to allow LPR 

operation under the new technical rules 

in the following frequency bands: 

5.925–7.250 GHz, 24.05–29.00 GHz, and 

75–85 GHz. In the Notice and Order, it 

proposed rules for TLPR devices in the 

77–81 GHz band; in this FNPRM the 

Commission proposes to expand the 

frequency bands for LPR operation 

under the new rules for both in-tank and 

in open-air environments to include the 

75–85 GHz band. It seeks comment on 

our proposals for LPR operation in each 

of the frequency bands discussed. 

12. The Commission believes, that 

allowing LPR devices to operate under 

the technical rules it proposed herein 

will not increase the likelihood of 

harmful interference to incumbent 

authorized radiofrequency operations. 

LPR devices are typically installed at 

fixed industrial sites, such as quarries, 

paper mills, and ore refineries, or at 

facilities adjacent to bodies of water, 

such as dams, storm water lift stations, 

and sewage treatment plants, all of 

which are generally well away from 

residences. The Commission also 

proposed requiring LPR devices to 

utilize narrow beamwidth transmit 

antennas focused in a downward 

orientation. This will serve to minimize 

the likelihood of interference to any 

incumbent spectrum operations within 

proximity of a fixed LPR system. 

Finally, the emission limits proposed 

herein for LPR devices will ensure that 

incumbent operations are afforded 

similar protection as currently provided 

by the existing emission limits in 

§ 15.209 of the rules. 

13. Currently, unlicensed wide-band 

transmitter operation within the 5.925– 

7.250 GHz band is permitted under 

§ 15.250 of our rules. In this band, 

licensed uses include non-Federal fixed, 


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fixed satellite, and mobile services from 

5.925 MHz to 7.125 MHz; and Federal 

fixed and space research services (deep 

space & Earth-to-space) from 7.125 MHz 

to 7.250 MHz. Part 15 transmitters 

operating in this band are prohibited 

from being used in toys or operating on 

board an aircraft or satellite. They 

cannot utilize a fixed outdoor 

infrastructure, including outdoormounted transmit antennas, to establish 

a wide area communications network. 

The Commission believes that its 

proposal to adopt rules to permit LPR 

operation in the 5.925–7.250 GHz band, 

including permitting limited fixed 

outdoor installations, is consistent with 

the intent underlying the usage 

restrictions in § 15.250. In this regard, 

LPRs will be single, i.e., relatively 

isolated, transmitters whose individual 

operations outdoors will not result in a 

dense deployment of transmitters. 

14. Unlicensed wide-band operation 

in the 23.12–29.0 GHz band is permitted 

under § 15.252 of our rules. This band 

is shared between Federal and nonFederal services. Authorized licensed 

operations include radiolocation, EESS 

(active), amateur, fixed, inter-satellite, 

radionavigation, radiolocation satellite 

(Earth-to-space), fixed satellite (Earth-tospace), mobile, standard frequency and 

time signal satellite (Earth-to-space), 

space research (space-to-Earth), and 

EESS (space-to-Earth) services. 

Currently, unlicensed transmitters 

operating in this band must be mounted 

on vehicles and cannot be used in 

aviation applications. To provide 

expanded flexibility for optimizing LPR 

applications and to enhance global 

marketing opportunities by more closely 

harmonizing with ETSI in this 

frequency range, the Commission 

proposes to permit LPR operation in the 

24.05–29.00 GHz band. The proposed 

frequency band is wider than that which 

ETSI has adopted; however, the 

Commission believes that the risk of 

interference to incumbent authorized 

services from LPR devices will be no 

greater than it is from existing part 15 

radars currently operating in this band 

because LPR devices operate in a fixed 

downward-looking position. 

15. Apart from a few exceptions, all 

spectrum above 38.6 GHz, including the 

75–85 GHz band, is designated by 

footnote as a ‘‘restricted band’’ in 

§ 15.205 of the rules. Consequently, 

unless expressly permitted by rule or 

waiver, unlicensed devices are not 

allowed to intentionally radiate energy 

into a restricted band in order to protect 

sensitive radio services from harmful 

interference. The Commission has 

permitted unlicensed operation within 

specific frequency bands above 38.6 

GHz, e.g., 46.7–46.9 GHz, 57–64 GHz, 

76–77 GHz, and 92–95 GHz. 

16. The 75–85 GHz band is shared 

between Federal and non-Federal 

services. Authorized operations in this 

band currently include radio astronomy, 

fixed/mobile/fixed satellite, mobile 

satellite, broadcast and broadcast 

satellite, radiolocation, space research 

(space-to-Earth), amateur and amateur 

satellite services. In addition, 

unlicensed vehicular radars are 

currently permitted to operate in the 

76–77 GHz band. The services in this 

band typically employ highly 

directional antennas to overcome the 

relatively higher propagation loss that 

occurs at these frequencies. In the 

Notice and Order, the Commission 

proposed to allow TLPR operation in 

the 77–81 GHz band and also sought 

comment on whether it should permit 

TLPR devices to operate in the broader 

75–85 GHz band. No objections were 

received from incumbent service 

operators with respect to TLPR 

operation in the 75–85 GHz band in 

response to the Notice and Order. The 

Commission believes that an extension 

of the frequency range to allow LPR 

operation in the 75–85 GHz band will 

not adversely affect incumbent 

authorized users, because this band is 

currently sparsely used and the 

propagation losses are significant at 

these frequencies, making harmful 

interference unlikely beyond a short 

distance from the LPR device. The 

Commission seeks comment on this 

proposal. 

17. Radiated Emission Limits. The 

Commission proposes to adopt radiated 

emission limits for LPR devices 

operating in each of the proposed 

frequency bands as set forth in the table 

below. These limits are consistent with 

those adopted by ETSI. ETSI derived its 

emission limits for main-beam 

emissions by mathematically correlating 

the reflected emissions from an LPR 

with the existing part 15 average 

emission limit for devices operating 

above 960 MHz. The proposed emission 

limits therefore would maintain the 

existing level of interference protection 

to incumbent radio services. The 

Commission also believes that 

harmonization of our limits with the 

ETSI limits is desirable because it could 

serve to expand global marketing 

opportunities for U.S. manufacturers. 

Frequency band 

(GHz) 

Average emission limit 

(EIRP in dBm/MHz) as 

measured boresight 

(Note 2) 

Peak emission limit 

(EIRP in dBm measured 

in 50 MHz) as measured 

boresight 

(Note 2) 

Equivalent average 

reflected emissions 

if measured in situ 

(EIRP in dBm/MHz) 

(Note 3) 

5.925–7.250 ............................................................................... ¥33 +7 ¥55 

24.05–29.00 ............................................................................... ¥14 +26 ¥41 .3 

75–85 ......................................................................................... ¥3 +34 ¥41 .3 

Notes: 

1. Minimum bandwidth at the ¥10 dB points is 50 megahertz. 

2. All emission limits defined herein are based on boresight measurements (i.e., measurements performed within the main beam of an LPR 

antenna). 

3. Equivalent reflected emissions include antenna back-lobe and side-lobe emissions and worst-case reflections from material being measured. 

18. ETSI/ECC based these limits on 

the results of mathematical modeling 

which was supported by measurement 

data. ETSI/ECC’s modeling effort shows 

that if the LPR complies with the mainbeam (boresight) emission limits 

specified in the second and third 

columns of the table above, any 

reflected emissions, including antenna 

back-lobe or side-lobe emissions and 

worst-case reflections from the target 

material, will also comply with the 

existing average emission limit specified 

in § 15.209 for devices operating above 

960 MHz, shown in the table’s fourth 

column. The main-beam emission limits 

vary with frequency band because the 

mathematical models accounted for the 

frequency-dependent propagation loss 

characteristics associated with each 

band. The Commission seeks comment 

on these proposed emission limits. 

19. The Commission believes that the 

proposed LPR emission limits as 

measured in the main beam of the LPR 

antenna will adequately protect against 

harmful interference to incumbent 


srobinson on DSK4SPTVN1PROD with PROPOSALS
25390 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

authorized services in any of the 

proposed frequency bands, based on 

several factors. First, LPR devices will 

be required to utilize downwardfocused narrow-beam transmit antennas, 

which are also needed to optimize levelmeasuring performance. Therefore, the 

only LPR emissions likely to be incident 

on an incumbent receiver within 

proximity will be reflected from the 

target material and thus significantly 

attenuated. Second, the proposed LPR 

emission limits are consistent with the 

results expected from application of the 

existing limits in radiated in situ 

measurements and therefore will 

maintain the existing level of protection 

afforded to incumbent authorized 

services. Third, as the operating 

frequency increases, the propagation 

path loss also increases as a result of the 

increased attenuating effects on radio 

waves from intervening objects and 

atmospheric conditions. Finally, the 

Commission is proposing certain 

operational conditions that would 

further reduce the likelihood of harmful 

interference to authorized services. 

Accordingly, it concludes that LPR 

devices will be able to share spectrum 

with incumbent authorized services in 

the proposed bands at the proposed 

emission limits. The Commission seeks 

comment on this tentative conclusion. 

20. In the Notice and Order, for TLPR 

devices operating in the 77–81 GHz 

band in tanks with very high RF 

attenuation characteristics, e.g., steel or 

concrete, the Commission proposed an 

emission limit of +43 dBm on the 

transmitter’s peak EIRP and +23 dBm on 

the transmitter’s average EIRP levels for 

fundamental emissions when measured 

in a laboratory setting, i.e., not installed 

in a tank. It also proposed to limit the 

radiated emissions from the TLPR 

device, when installed in representative 

tanks of each material type for testing in 

situ, to the general radiated emission 

limits for intentional radiators in 

§ 15.209(a) of its rules when measured 

outside of the TLPR tank enclosure in 

any direction. The Commission stated 

that emissions outside of the tank will 

likely be minimal when considering the 

tank enclosure’s attenuation coefficient 

in addition to the absorption 

characteristics of the target material 

(liquid or solid), and thus, any reflected 

signal will be mostly contained within 

the tank. The Commission also noted 

that in situ testing would require 

performance of compliance tests on a 

tank of each material type intended for 

use with the LPR at three representative 

installation sites (e.g., a metallic tank at 

three representative installation sites, a 

concrete tank at three representative 

installation sites), which could prove 

quite burdensome to an applicant. 

21. The Commission is now proposing 

to treat TLPR devices in the same 

manner as LPR devices with respect to 

both emission limits and frequency 

bands of operation. Thus, if an LPR 

complies with these proposed rules, it 

can be installed inside an enclosure or 

out in the open since the proposed 

emission limits do not assume any 

additional attenuation provided by a 

tank enclosure. Although the emission 

limits proposed herein are somewhat 

lower than the TLPR limits previouslyproposed (e.g., +34 dBm peak EIRP vs. 

+43 dBm peak EIRP, respectively), the 

Commission notes that the proposed 

limits do not assume any tank enclosure 

attenuation. It believes that this will 

alleviate the burdens involved in 

performing in situ compliance testing. 

These proposals also will permit TLPR 

devices to be used with a variety of tank 

materials, potentially increasing the 

useful applications of the technology. 

Accordingly, the Commission is 

proposing a definition for LPR devices 

that would encompass open-air and intank applications. The Commission 

seeks comment on these proposals. 

22. Antenna Beamwidth. The 

Commission notes that the ECC 

recommendations are based on 

modeling results that assume the LPR 

antenna beamwidth is limited to less 

than 12 degrees for frequencies below 

57 GHz and less than 8 degrees in the 

75–85 GHz bands. It also notes that 

maintaining a narrow antenna 

beamwidth is also a performance 

criterion for optimizing LPR operations 

because a narrower beam reduces false 

echoes from objects other than the 

desired target material. The Commission 

proposes to adopt these antenna 

beamwidth requirements and seek 

comment on this proposal. 

23. Antenna Side Lobe Gain. In 

assessing compatibility between LPR 

devices and systems operating in other 

radio services, the ETSI/ECC modeling 

effort assumed a maximum side lobe 

antenna gain of ¥10 dBi for off-axis 

angles from the main beam of greater 

than 60 degrees. In addition to the 

requirements for antenna beamwidth, 

the Commission seeks comment on the 

necessity of establishing limits on the 

gain of the antenna in the side lobe 

region and off-axis angle where the gain 

is to be defined. 

24. Automatic Power Control. ECC 

also recommends the implementation of 

automatic power control (APC) with a 

dynamic range of 20 dB for LPRs. The 

Commission notes that as a consequence 

of our proposed emission limits, all 

reflected emissions from the LPR device 

will be kept at or below the § 15.209 

general emission limits. Thus, as 

tentatively concluded, harmful 

interference to other spectrum users is 

not expected. Therefore, the 

Commission does not propose to adopt 

APC requirements for LPR devices. Any 

party advocating a requirement for APC 

should provide technical analyses as to 

why the emission limit in § 15.209 is 

not adequate. 

25. Compliance Measurement. As 

stated, a primary reason for ECC 

adoption of a main-beam emission limit 

for LPR devices is to reduce the 

difficulties associated with measuring 

reflected emissions from an LPR device 

in situ. The Commission also notes, in 

concurrence with ETSI/ECC, that the 

current compliance practice of 

measuring reflected radiated emissions 

at a 3-meter horizontal distance from the 

radiating source while varying the 

measurement antenna height from 1 

meter to 4 meters often does not yield 

repeatable results when LPR emissions 

are measured in situ. This is because the 

patterns of reflected emissions tend to 

vary and are therefore difficult to 

measure consistently, propagation 

losses in the higher frequency bands are 

significant, and it is not always practical 

to create a test bed that is representative 

of all of the substances that an LPR will 

measure, making it difficult to 

determine the worst-case reflectivity 

factor. In addition, the current 

measurement procedure does not 

consider any potential emissions that 

may radiate from the top of an LPR 

device. The limits proposed herein will 

account for such emissions that could 

be missed entirely when applying the 

existing in situ compliance 

measurement procedures. With a mainbeam emission limit, emissions are to be 

evaluated with the measurement 

antenna pointed directly at the LPR 

antenna, and as long the LPR complies 

with this limit, its reflected emissions in 

any direction will generally not exceed 

the existing average emission limit in 

§ 15.209, thereby maintaining the same 

level of interference protection to 

incumbent authorized users. The 

Commission tentatively concludes that 

the main-beam emission limit will 

facilitate representative, reliable, and 

repeatable emission measurements of 

the emissions from LPR devices. The 

Commission seeks comment on this 

tentative conclusion. 

26. Based on our experience to date 

with compliance measurements of and 

the proposals herein for main-beam 

emission limits for LPR devices, the 

Commission seek comment on the 

following compliance measurement 

procedures. The Commission’s Office of 


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1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Public Law 104–121, Title II, 110 Stat. 

847 (1996). 

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

Engineering and Technology may 

publish specific information on how to 

conduct compliance testing following 

these procedures, e.g., by publication in 

a guidance document or as specified in 

the rules. 

• Radiated measurements of the 

fundamental emission bandwidth and 

power shall be made with maximum 

main beam coupling between the LPR 

and test antennas (boresight). 

• Measurements of the unwanted 

emissions radiating from an LPR shall 

be made utilizing elevation and azimuth 

scans to determine the location at which 

the emissions are maximized. 

• All emissions at and below 960 

MHz shall be measured with a CISPR 

quasi-peak detector. 

• The fundamental emission 

bandwidth measurement shall be made 

using a peak detector with a resolution 

bandwidth of 1 MHz and a video 

bandwidth of at least 3 MHz. 

• The provisions in § 15.35(b) and (c) 

that limit the peak power to 20 dB above 

the average limit and require emissions 

to be averaged over a 100 millisecond 

period do not apply to devices operating 

under this section. 

• Compliance measurements of 

frequency-agile LPR devices shall be 

performed with any related frequency 

sweep, step, or hop function activated. 

27. Operational and Marketing 

Restrictions. The Commission proposes 

to adopt operational restrictions to 

require the antenna of an LPR device to 

be dedicated or integrated as part of the 

transmitter and professionally installed 

in a downward position; to limit 

installations of LPR devices to fixed 

locations; to prohibit hand-held 

applications of LPR devices; and to 

prohibit the marketing of LPR devices to 

residential consumers. The Commission 

proposes these restrictions to protect 

incumbent authorized services 

operating in the same and adjacent 

frequency bands from harmful 

interference. It seeks comment on these 

proposals. 

28. Equipment Certification. In the 

Notice and Order, the Commission 

proposed to require that TLPR devices 

designed to operate in the 77–81 GHz 

band be approved under the 

Commission’s certification procedures 

and that certification be performed by 

the Commission’s Laboratory rather 

than by Telecommunications 

Certification Bodies (TCB). The 

Commission noted that because a 

standard test procedure for LPR devices 

had not yet been devised for use at these 

frequencies, this requirement would 

give the Commission time to develop 

appropriate measurement guidelines for 

devices intended for operation in this 

frequency band. It observes, however, 

that the new proposals made herein will 

facilitate the direct measurement of 

emissions within the main beam of the 

LPR antenna and are consistent with 

compliance measurement 

methodologies currently used with 

other types of unlicensed transmitters. 

The Commission therefore proposes to 

permit TCBs to certify LPR devices 

operating under these proposed rules. 

The Commission seeks further comment 

on this proposal. 

29. The Commission is aware that 

some approvals of TLPRs have already 

been granted under § 15.209 of our 

rules. These devices may continue to 

operate under § 15.209 if their worstcase radiated emissions continue to 

comply with the limits in these rules. 

The Commission recognizes that a 

certified TLPR device could be 

approved to operate under other 

conditions, e.g., outdoor installations in 

open-air environments, in an enclosure 

with low RF attenuation characteristics, 

or with higher power. To allow 

previously-certified devices to take 

advantage of the changes proposed in 

this FNPRM, the Commission proposes 

to allow the responsible party to file for 

a permissive change request in 

accordance with the existing rules and 

practices, provided that: (1) The LPR 

device operates only within the 

frequency bands authorized by rules 

proposed herein; (2) measurement data 

taken in accordance with the 

measurement procedure proposed above 

is provided to demonstrate compliance 

with the new emission limits specified 

in these proposed rules; and (3) 

operational changes to the device are 

being implemented by software upgrade 

without any hardware change. The 

Commission seeks comment on this 

proposal. 

30. Cost Benefit Analysis. The 

Commission believes that the benefits of 

the proposed regulations for 

manufacturers and users outweigh any 

potential costs. LPR devices need higher 

power and wider bandwidth than that 

which is permitted under the existing 

part 15 rules to fully achieve the 

potential of this measuring technology. 

The Commission’s proposed rules 

would provide a necessary remedy for 

these devices to operate at the power 

levels and in the appropriate frequency 

bands required to deliver the needed 

accuracy for diverse applications, 

thereby promoting the expanded 

development and use of this technology 

to the benefit of businesses, consumers, 

and the economy. The proposed higher 

power levels in the proposed frequency 

bands would further the development of 

better and improved level-measuring 

tools, but these changes would not 

increase the potential for interference to 

authorized users beyond what is 

permitted under the current rules. In 

addition, the proposed rules will help to 

simplify equipment development and 

certification of LPR devices, as well as 

provide a simplified method for 

measuring the radiated emissions from 

these devices. The Commission seeks 

comment on this analysis and any 

additional benefits that may result from 

these proposed rules. Parties that 

oppose these proposed rules should cite 

specific harms that they believe would 

result from changing the rules. 

Initial Regulatory Flexibility Analysis 

31. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),1 the Commission has prepared 

this present Initial Regulatory 

Flexibility Analysis (IRFA) of the 

possible significant economic impact on 

a substantial number of small entities by 

the policies and rules proposed in this 

Further Notice of Proposed Rule Making 

(FNPRM). 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 provided on the first page of 

this FNPRM. The Commission will send 

a copy of this FNPRM, including this 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA).2

A. Need for, and Objectives of, the 

Proposed Rules 

32. This rule making proposal is 

initiated to obtain comments regarding 

proposed changes to the regulations for 

radio frequency devices that do not 

require a license to operate. The 

Commission proposed to expand the 

scope of the above proceeding to adopt 

technical rules for operation of specific 

types of low-power transmitters called 

level probing radar (LPR) devices, 

including tank level probing radars 

(TLPR), on an unlicensed basis under 

the provisions of part 15 of the 

Commission’s rules in the following 

frequency bands: 5.925–7.250 GHz, 

24.05–29.00 GHz and 75–85 GHz. The 

Commission proposed to amend its part 

15 rules to revise the original proposed 

§ 15.256 in the Notice of Proposed Rule 

Making and Order (Notice and Order) to 

permit the operation of LPR devices 

installed both outdoors in the open and 

inside storage tanks (TLPR) in the above 


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25392 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

3 5 U.S.C. 603(b)(3). 

4 5 U.S.C. 601(6). 

5 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632). Pursuant to the RFA, the statutory definition 

of a small business applies ‘‘unless an agency, after 

consultation with the Office of Advocacy of the 

Small Business Administration 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.’’ 5 U.S.C. 601(3). 

6Small Business Act, 15 U.S.C. 632 (1996). 

7U.S. Census Bureau, 2002 NAICS Definitions, 

‘‘334220 Radio and Television Broadcasting and 

Wireless Communications Equipment 

Manufacturing’’; http://www.census.gov/epcd/

naics02/def/NDEF334.HTM#N3342. 

8 13 CFR 121.201, NAICS code 334220. 

9U.S. Census Bureau, American FactFinder, 2002 

Economic Census, Industry Series, Industry 

Statistics by Employment Size, NAICS code 334220 

(released May 26, 2005); http://factfinder.census.

gov. The number of ‘‘establishments’’ is a less 

helpful indicator of small business prevalence in 

this context than would be the number of ‘‘firms’’ 

or ‘‘companies,’’ because the latter takes into 

account the concept of common ownership or 

control. Any single physical location for an entity 

is an establishment, even though that location may 

be owned by a different establishment. Thus, the 

numbers given may reflect inflated numbers of 

businesses in this category, including the numbers 

of small businesses. In this category, the Census 

Bureau breaks-out data for firms or companies only 

to give the total number of such entities for 2002, 

which was 929. 

10 Id. An additional 18 establishments had 1,000 

or more employees. 

11 13 CFR 121.201, NAICS code 517211. 

12 13 CFR 121.201, NAICS code 517212. 

13U.S. Census Bureau, 2002 Economic Census, 

Subject Series: Information, ‘‘Establishment and 

Firm Size (Including Legal Form of Organization,’’ 

Table 5, NAICS code 517211 (issued Nov. 2005). 

14 Id. The census data do not provide a more 

precise estimate of the number of firms that have 

1,500 or fewer employees; the largest category 

provided is for firms with ‘‘1000 employees or 

more.’’ 

15U.S. Census Bureau, 2002 Economic Census, 

Subject Series: Information, ‘‘Establishment and 

Firm Size (Including Legal Form of Organization,’’ 

Table 5, NAICS code 517212 (issued Nov. 2005). 

16 Id. The census data do not provide a more 

precise estimate of the number of firms that have 

1,500 or fewer employees; the largest category 

provided is for firms with ‘‘1,000 employees or 

more.’’ 

frequency bands. The Commission 

propose to treat LPR and TLPR devices 

the same with respect to emission limits 

and frequency bands of operation 

without any additional installation 

limitation. That is, a level-measuring 

radar that complies with our proposed 

rules will be able to be used in any 

application, whether outdoors in the 

open or inside any type of enclosure, 

e.g., steel or plastic. These proposals 

will also extend the operation of TLPR 

devices from the originally proposed 

77–81 GHz band to the additional 

proposed frequency bands, at the new 

proposed main-beam emission limits. 

The Commission proposes emission 

limits for fundamental emissions 

depending on the LPR frequency bands 

of operation, as measured in the antenna 

main beam, based on the LPR Technical 

Standards adopted in Europe, to 

promote savings for manufacturers that 

operate in the global economy. The 

Commission proposes to require that all 

spurious/unwanted emission limits not 

exceed the general emission limits in 

§ 15.209 when measured in the main 

beam of the LPR antenna, as well as 

utilizing elevation and azimuth scans to 

determine the location at which the 

emissions are maximized. To further 

protect authorized services operating in 

the same and adjacent frequency bands, 

we also propose to adopt operational 

restrictions to require the LPR antenna 

to be dedicated or integrated as part of 

the transmitter and professionally 

installed in a downward position; to 

limit installations of LPR devices to 

fixed locations; and to prohibit handheld applications of LPR and the 

marketing of LPR devices to consumers. 

The Commission believes that its 

proposals herein would enable LPR 

devices that will provide better accuracy 

and reliability in target resolution to 

identify critical levels of materials such 

as fuel, water and sewer treated waste, 

and high-risk substances. The proposed 

amendments to our rules will permit 

these devices to operate effectively and 

reliably, reducing storage tank overfill 

and spilling and minimizing exposure 

of maintenance personnel in the case of 

high-risk materials, all without 

increasing the risk of interference to 

authorized services. 

B. Legal Basis 

33. The proposed action is taken 

pursuant to sections 1, 4(i), 302, 303(e), 

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

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 302, 

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

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

34. 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.3 The 

RFA generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 4 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act.5 A small 

business concern is one which: (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.6

35. Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing. 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.’’ 7 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.8

According to Census Bureau data for 

2002, there were a total of 1,041 

establishments in this category that 

operated for the entire year.9 Of this 

total, 1,010 had fewer than 500 

employees, and an additional 13 had 

between 500 and 999 employees.10

Thus, under this size standard, the 

majority of firms can be considered 

small. 

36. Wireless Service Providers. The 

SBA has developed a small business 

size standard for wireless firms within 

the two broad economic census 

categories of ‘‘Paging’’ 11 and ‘‘Cellular 

and Other Wireless 

Telecommunications.’’ 12 Under both 

categories, the SBA deems a wireless 

business to be small if it has 1,500 or 

fewer employees. For the census 

category of Paging, Census Bureau data 

for 2002 show that there were 807 firms 

in this category that operated for the 

entire year.13 Of this total, 804 firms had 

employment of 999 or fewer employees, 

and three firms had employment of 

1,000 employees or more.14 Thus, under 

this category and associated small 

business size standard, the majority of 

firms can be considered small. For the 

census category of Cellular and Other 

Wireless Telecommunications, Census 

Bureau data for 2002 show that there 

were 1,397 firms in this category that 

operated for the entire year.15 Of this 

total, 1,378 firms had 999 or fewer 

employees, and 19 firms had 1,000 

employees or more.16 Thus, under this 

second category and size standard, the 

majority of firms can, again, be 

considered small. 


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37. The Commission has proposed to 

reduce burdens wherever possible. Our 

proposals for new technical rules 

regarding LPR operation in the 5.925– 

7.250 GHz, 24.05–29.00 GHz, and 75–85 

GHz would reduce burdens on small 

entities. LPR operation in these bands 

will increase the utilization of this 

spectrum by allowing a radio-frequency 

type of level-measuring technology to 

access the spectrum that is currently not 

used under the current technical rules 

for these types of industrial 

applications, resulting in more efficient 

use of these bands. Where possible we 

have made an effort to harmonize with 

international technical standards in 

Europe to promote cost savings for small 

manufacturers competing in the global 

economy. The Commission will 

continue to examine further alternatives 

with the objectives of eliminating 

unnecessary regulations and minimizing 

significant economic impact on small 

entities. The Commission seeks 

comment on significant alternatives 

commenters believe it should adopt. 

38. The Commission does expect that 

the rules proposed in this Further 

Notice of Proposed Rule Making will 

have a significant negative economic 

impact on small businesses. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

39. Part 15 transmitters already are 

required to be authorized under the 

Commission’s certification procedure as 

a prerequisite to marketing and 

importation. The reporting and 

recordkeeping requirements associated 

with these equipment authorizations 

would not be changed by the proposals 

contained in this FNPRM. The changes 

to the regulations would permit 

operation of unlicensed radar devices 

used in specific industrial applications 

at frequencies already used by other part 

15 devices and in a higher frequency 

band (75–85 GHz). 

E. Federal Rules That May Duplicate, 

Overlap or Conflict With the Proposed 

Rules 

40. None. 

Ordering Clauses 

41. Pursuant to sections 1, 4(i), 302, 

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

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 302, 

303(e), 303(f), 303(g), and 303(r), this 

Further Notice of Proposed Rule Making 

is adopted. 

42. Notice is hereby given of the 

proposed regulatory changes described 

in this Further Notice of Proposed 

Rulemaking, and that comment is 

sought on these proposals. 

43. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Further Notice of Proposed Rule 

Making, including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 15 to read as follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 202, 303, 304, 

307 and 544A. 

2. Section 15.3 is amended by adding 

paragraph (hh) to read as follows: 

§ 15.3 Definitions. 

* * * * * 

(hh) Level Probing Radar (LPR): A 

short-range radar transmitter used in a 

wide range of applications to measure 

the amount of various substances, 

mostly liquids or granulates. LPR 

equipment may operate in open-air 

environments or inside an enclosure 

containing the substance being 

measured. 

* * * * * 

3. Section 15.31 is amended by 

revising paragraph (c) to read as follows: 

§ 15.31 Measurement standards. 

* * * * * 

(c) Except as otherwise indicated in 

§ 15.256, for swept frequency 

equipment, measurements shall be 

made with the frequency sweep stopped 

at those frequencies chosen for the 

measurements to be reported. 

* * * * * 

4. Section 15.35 is amended by 

revising paragraph (b) to read as follows: 

§ 15.35 Measurement detector functions 

and bandwidths. 

* * * * * 

(b) Unless otherwise specified, on any 

frequency or frequencies above 1000 

MHz, the radiated emission limits are 

based on the use of measurement 

instrumentation employing an average 

detector function. Unless otherwise 

specified, measurements above 1000 

MHz shall be performed using a 

minimum resolution bandwidth of 1 

MHz. When average radiated emission 

measurements are specified in this part, 

including average emission 

measurements below 1000 MHz, there 

also is a limit on the peak level of the 

radio frequency emissions. Unless 

otherwise specified, see, e.g., §§ 15.250, 

15.252, 15.255, 15.256 and 15.509– 

15.519 of this part, the limit on peak 

radio frequency emissions is 20 dB 

above the maximum permitted average 

emission limit applicable to the 

equipment under test. This peak limit 

applies to the total peak emission level 

radiated by the device, e.g., the total 

peak power level. Note that the use of 

a pulse desensitization correction factor 

may be needed to determine the total 

peak emission level. The instruction 

manual or application note for the 

measurement instrument should be 

consulted for determining pulse 

desensitization factors, as necessary. 

* * * * * 

5. Section 15.205 is amended by 

revising paragraph (d)(4) to read as 

follows: 

§ 15.205 Restricted bands of operation. 

* * * * * 

(d) * * * 

(4) Any equipment operated under the 

provisions of §§ 15.253, 15.255, 15.256 

in the frequency band 75–85 GHz, or 

§ 15.257 of this part. 

* * * * * 

6. Add § 15.256 to read as follows: 

§ 15.256 Operation of level probing radars 

within the bands 5.925–7.250 GHz, 24.05– 

29.00 GHz, and 75–85 GHz. 

(a) Operation under this section is 

limited to level probing radar (LPR) 

devices. 

(b) LPR devices operating under the 

provisions of this section shall utilize a 

dedicated or integrated transmit 

antenna, and the system shall be 

professionally installed and maintained 

to ensure a downward orientation of the 

transmit antenna. 

(c) LPR devices operating under the 

provisions of this section shall be 

installed only at fixed locations. 

(d) Hand-held applications and 

marketing to residential consumers are 

prohibited. 

(e) The fundamental bandwidth of an 

LPR emission is defined as the width of 

the signal between two points, one 

below and one above the center 

frequency, outside of which all 

emissions are attenuated by at least 10 

dB relative to the maximum transmitter 

output power when measured in an 

equivalent resolution bandwidth. 

(1) The minimum fundamental 

emission bandwidth shall be 50 MHz for 

LPR operation under the provisions of 

this section. 


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25394 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

(2) LPR devices operating under this 

section must confine their fundamental 

emission bandwidth within the 5.925– 

7.250 GHz, 24.05–29.00 GHz, and 75–85 

GHz bands under all conditions of 

operation. 

(f) Fundamental Emissions Limits 

(1) All emission limits provided in 

this section are expressed in terms of 

Equivalent Isotropic Radiated Power 

(EIRP). 

(2) The EIRP level is to be determined 

from the maximum measured power 

within a specified bandwidth. 

(i) The EIRP in 1 MHz is computed 

from the maximum power level 

measured within any 1-MHz bandwidth 

using a power averaging detector; 

(ii) The EIRP in 50 MHz is computed 

from the maximum power level 

measured with a peak detector in a 50- 

MHz bandwidth centered on the 

frequency at which the maximum 

average power level is realized. 

(3) The EIRP limits for LPR operations 

in the bands authorized by this rule 

section are provided in the following 

table: 

Frequency band 

of operation 

(GHz) 

EIRP limit in 

1 MHz 

(dBm) 

EIRP limit in 

50 MHz 

(dBm) 

5.925–7.250 ...... ¥33 7 

24.05–29.00 ...... ¥14 26 

75–85 ................ ¥3 34 

(g) Unwanted Emissions Limits 

(1) All emission limits provided in 

this section are expressed in terms of 

Equivalent Isotropic Radiated Power 

(EIRP) and are computed based on the 

maximum average power level 

measured within any 1-MHz bandwidth. 

(2) Unwanted emission limits 

applicable to LPR devices shall not 

exceed the general emission limits in 

§ 15.209. 

(h) Antenna Beamwidth 

(1) LPR devices operating under the 

provisions of this section within the 

5.925–7.250 GHz and 24.05–29.00 GHz 

bands must use an antenna with a 

maximum half-power beamwidth of 12 

degrees. 

(2) LPR devices operating under the 

provisions of this section within the 75– 

85 GHz band must use an antenna with 

a maximum half-power beamwidth of 8 

degrees. 

(i) Antenna Side Lobe Gain 

(1) LPR devices operating under the 

provisions of this section must limit the 

side lobe antenna gain to ¥10 dBi for 

off-axis angles from the main beam of 

greater than 60 degrees. 

(j) Measurement Procedures 

(1) Radiated measurements of the 

fundamental emission bandwidth and 

power shall be made with maximum 

main beam coupling between the LPR 

and test antennas (boresight). 

(2) Measurements of the unwanted 

emissions radiating from an LPR shall 

be made utilizing elevation and azimuth 

scans to determine the location at which 

the emissions are maximized. 

(3) All emissions at and below 960 

MHz are based on measurements 

employing a CISPR quasi-peak detector. 

(4) The fundamental emission 

bandwidth measurement shall be made 

using a peak detector with a resolution 

bandwidth of 1 MHz and a video 

bandwidth of at least 3 MHz. 

(5) The provisions in § 15.35(b) and 

(c) of this part that require emissions to 

be averaged over a 100 millisecond 

period and that limit the peak power to 

20 dB above the average limit do not 

apply to devices operating under this 

section. 

(6) Compliance measurements of 

frequency-agile LPR devices shall be 

performed with any related frequency 

sweep, step, or hop function activated. 

(7) Compliance measurements shall 

be made in accordance with the specific 

procedures published or otherwise 

authorized by the Commission. 

[FR Doc. 2012–9984 Filed 4–27–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120321208–2010–01] 

RIN 0648–BC07 

Fisheries of the Northeastern United 

States; Recreational Management 

Measures for the Summer Flounder, 

Scup, and Black Sea Bass Fisheries; 

Fishing Year 2012 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes management 

measures for the 2012 summer flounder, 

scup, and black sea bass recreational 

fisheries. The implementing regulations 

for these fisheries require NMFS to 

publish recreational measures for the 

fishing year and to provide an 

opportunity for public comment. The 

intent of these measures is to prevent 

overfishing of the summer flounder, 

scup, and black sea bass resources. 

DATES: Comments must be received by 

5 p.m. local time, on May 15, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2012–0081, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal: http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘Submit a Comment’’ 

icon, then enter NOAA–NMFS–2012– 

0081 in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: (978) 281–9135, Attn: 

Comments on 2012 Proposed Summer 

Flounder, Scup, and Black Sea Bass 

Recreational Measures, NOAA–NMFS– 

2012–0081. 

• Mail and Hand Delivery: Daniel S. 

Morris, Acting Regional Administrator, 

NMFS, Northeast Regional Office, 55 

Great Republic Drive, Gloucester, MA 

01930. Mark the outside of the 

envelope: ‘‘Comments on 2012 FSB 

Recreational Measures.’’ 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the Supplemental 

Environmental Assessment and Initial 

Regulatory Flexibility Analysis (SEA/ 

IRFA) and other supporting documents 

for the recreational harvest measures, 

are available from Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 N. State Street, Dover, DE 19901. 

The recreational harvest measures 

document is also accessible via the 

Internet at: http://www.nero.noaa.gov. 


srobinson on DSK4SPTVN1PROD with PROPOSALS