10466 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

being authorized by EPA. EPA’s

authorization does not impose any

additional burdens on these small

entities. This is because EPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this authorization will not have a

significant economic impact on a

substantial number of small entities.

This authorization approves regulatory

requirements under existing State law to

which small entities are already subject.

It does not impose any new burdens on

small entities. This rule, therefore, does

not require a regulatory flexibility

analysis.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, EPA generally must

prepare a written statement of economic

and regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the Arizona

program are already imposed by the

State and subject to State law. Second,

the Act also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. Arizona’s

participation in an authorized

hazardous waste program is voluntary.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State, local

and/or tribal governments already exist

under the Arizona’s program, and

today’s action does not impose any

additional obligations on regulated

entities. In fact, EPA’s approval of state

programs generally may reduce, not

increase, compliance costs for the

private sector.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of the UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may be hazardous waste

generators, transporters, or own and/or

operate TSDFs, they are already subject

to the regulatory requirements under

existing state law which are being

authorized by EPA, and, thus, are not

subject to any additional significant or

unique requirements by virtue of this

program approval.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and Record keeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of Sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended, 42 U.S.C. 6912(a), 6926, and

6974(b).

Dated: February 17, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–5622 Filed 3–6– 97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 94–45; FCC 97–31]

Marketing and Equipment

Authorizations

AGENCY: Federal Communications

Commission

ACTION: Final rule

SUMMARY: By this Report and Order, the

Commission amends its regulations to

consolidate and harmonize the

marketing rules, as proposed in the

Notice of Proposed Rule Making in this

proceeding. This amendment permits

radio frequency devices, prior to

authorization or a determination of

compliance with the technical

standards, to be announced, advertised,

displayed, and operated for compliance

testing, demonstrated at trade shows, or

evaluated at the manufacturer’s

facilities. In addition, non-consumer

devices that have not been tested or

authorized can be offered for

conditional sale or supplied to the user

for evaluation or compliance testing.

The equipment authorizations

regulations are also amended to provide

clarification, to resolve inconsistencies,

to remove unnecessary restrictions and

obsolete regulations, and to incorporate

several interpretations. These

amendments will stimulate economic

growth by permitting products to be

developed on a cooperative basis by

manufacturers and retailers, and by

potentially decreasing the time for a

product to reach the marketplace.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT: John

A. Reed, Office of Engineering and

Technology, (202) 418–2455.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in ET Docket No. 94–45,

adopted February 3, 1997, and released

February 12, 1997.

The complete text of this Report and

Order is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington,

D.C., and also may be purchased from

the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

Summary of the Report and Order

1. In the Report and Order, the

Commission amended Part 2 of its rules

regarding the marketing and operation

of radio frequency (RF) devices.
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10467

1See 9 FCC Rcd 2702 (1994), 59 FR 31966, June

21, 1994.

2Subtitle II of the CWAAA is ‘‘The Small

Business Regulatory Enforcement Fairness Act of

1996’’ (SBREFA), codified at 5 U.S.C. 601 et seq.

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

the definition of ‘‘small business concern’’ in 5

U.S.C. 632).

4See 15 U.S.C. 632.

5See 13 CFR 121.201, (SIC) code 3571.

6See U.S. Small Business Administration 1995

Economic Census Industry and Enterprise Report,

Table 3, SIC Code 3571, (Bureau of the Census data

adapted by the Office of Advocacy of the U.S. Small

Business Administration).

Marketing includes the sale or lease,

offer for sale or lease, including

advertising for sale or lease, and

importation, shipment or distribution

for the purpose of sale or lease or

offering for sale or lease. Previously, the

rules prohibited the marketing and

operation of an RF device unless it

complies with all of the standards and

the equipment authorization

procedures. Certain exceptions to these

rules were provided for verified digital

devices and non-consumer ISM

products operated under Part 18 of the

rules.

2. The order harmonizes the

marketing rules by permitting RF

devices, prior to authorization or a

determination of compliance with the

technical standards, to be announced,

advertised, displayed, and, if compliant

with any Commission license

requirements, operated for compliance

testing, demonstrated at trade shows, or

evaluated at the manufacturer’s

facilities. In addition, non-consumer RF

devices, i.e., products employed at

business, commercial, industrial,

scientific or medical sites, prior to

testing or authorization, may be offered

for conditional sale or supplied to the

user for evaluation or compliance

testing. As under the previous rules, no

products may be marketed or supplied

to the general public prior to testing or

authorization. Further, these products

must be designed with the intent of

complying with all applicable

regulations.

3. On its own motion, the

Commission also adopted several

additional changes to the equipment

authorization rules to resolve

inconsistencies, to provide clarification,

to remove unnecessary restrictions and

obsolete regulations, and to incorporate

several interpretations. Specifically, the

Commission amended the rules to

indicate, explicitly, that, as with any

request for authorization, an anti-drug

abuse statement is required with

requests for permissive changes. In

addition, the rules now state that proper

labelling of a product is a condition of

the grant of equipment authorization

and is required prior to marketing. The

Commission also clarified that a product

is considered to be ‘‘electrically

identical’’ if no changes are made to the

product or if any changes to the product

could be treated as Class I permissive

changes. Further, duplicative or

outdated regulations, e.g., references to

type approval which is no longer

employed, were removed, and

erroneous rule citations were corrected.

4. The Commission amended its rules

to state that any party that modifies an

authorized RF device becomes

responsible for ensuring that the

modified product continues to comply

with the appropriate standards and

must maintain whatever records are

required to demonstrate such

compliance. In order to facilitate

identification, the Commission also

stated that a product modified by

someone other than the original

responsible party be labelled with the

name, address and telephone number of

the new responsible party along with a

statement that the product has been

modified. Alternatively, the party

modifying the equipment could obtain a

new equipment authorization.

5. Finally, the Commission amended

the regulations regarding authorization

under the verification procedure to

clarify what information needs to be

retained by the responsible party, to

indicate the time period within which

requests by the Commission for product

samples must be submitted, and to

identify the party that is responsible for

submitting those samples.

Final Regulatory Flexibility Analysis

6. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. 603

(‘‘RFA’’), an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) was

incorporated into the Notice of

Proposed Rule Making (‘‘NPRM’’), in ET

Docket No. 94–45.1 The Commission

sought written public comments on the

proposals in the Notice, including the

IRFA. The Commission’s Final

Regulatory Flexibility Analysis

(‘‘FRFA’’) in this Report and Order

conforms to the RFA, as amended by the

Contract With America Advancement

Act of 1996 (CWAAA), Public Law 104–

121, 110 Stat. 847 (1996).2

7. Need For and Objective of the Rules

Our objectives are to facilitate the

marketing and early use of radio

frequency (RF) devices by permitting

vendors, manufacturers, and importers

to market such devices prior to a

demonstration of compliance with

applicable technical standards and

equipment authorization procedures,

and to promote efficiency and equity in

our rules by requiring that any party

that modifies an RF device be

responsible for ensuring compliance

with applicable technical standards.

This action will also facilitate the

retrieval of RF device test records by the

Commission, remove outdated

regulations, and correct existing errors

and ambiguities in the rules.

8. Summary of Significant Issues Raised

by Public Comments in Response to the

IRFA

No comments were submitted in

direct response to the IRFA. However,

Alcatel Network Systems, Inc. (ANS),

AT&T Corp., Computer and Business

Equipment Manufacturer’s Association

(CBEMA) and International Business

Machines Corp. (IBM) suggested

changes to our proposed reporting and

record keeping requirements for

modified RF devices. ANS and CBEMA

oppose the proposal that a party

modifying equipment be required to

label the modified equipment with

additional information, i.e., the name,

address and telephone number of the

party performing the modifications.

AT&T, with support from ANS, CBEMA

and IBM, requests that the party

modifying the equipment not be

required to obtain and retain the

original equipment design drawings.

9. Description and Estimate of the

Number of Small Entities to Which the

Rules Will Apply

For the purposes of this Order, the

RFA defines a ‘‘small business’’ to be

the same as a ‘‘small business concern’’

under the Small Business Act, 15 U.S.C.

632, unless the Commission has

developed one or more definitions that

are appropriate to its activities.3 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) meets any additional criteria

established by the Small Business

Administration (SBA).4 These new rules

will apply to computer manufacturers

and other RF device manufacturers as

well as those entities that modify and

market RF equipment.

(a) Computer Manufacturers:

According to SBA regulations, a

computer manufacturer must have 1,000

or fewer employees in order to qualify

as a small entity.5 Census Bureau data

indicates that there are 716 firms that

manufacture electronic computers and

of those, 659 have fewer than 500

employees and qualify as small

entities.6 The remaining 57 firms have

500 or more employees; however, we

are unable to determine how many of

those have fewer than 1,000 employees
10468 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

7See 13 CFR 121.201, (SIC) Code 3663.

8See U.S. Dept. of Commerce, 1992 Census of

Transportation, Communications and Utilities

(issued May 1995), SIC category 3663.

9See 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

10See U.S. Small Business Administration 1995

Economic Census Industry and Enterprise Report,

Table 2D, SIC Code 3571, (Bureau of the Census

data adapted by the Office of Advocacy of the U.S.

Small Business Administration). 11See paras. 28–29 of this Report and Order.

and therefore also qualify as small

entities under the SBA definition.

(b) RF Equipment Manufacturers: The

Commission has not developed a

definition of small entities applicable to

RF equipment manufacturers. Therefore,

we will utilize the SBA definition

applicable to manufacturers of Radio

and Television Broadcasting and

Communications Equipment. According

to the SBA’s regulations, an RF

equipment manufacturer must have 750

or fewer employees in order to qualify

as a small business concern.7 Census

Bureau data indicates that there are 858

U.S. companies that manufacture radio

and television broadcasting and

communications equipment, and that

778 of these firms have fewer than 750

employees and would be classified as

small entities.8 The Census Bureau

category is very broad, and specific

figures are not available as to how many

of these firms are manufacturers of RF

devices. However, we believe that many

of them may qualify as small entities.

10. The Commission has not

developed a definition of small entities

applicable to services which are related

specifically to RF devices. Therefore,

the applicable definition of small entity

is the definition under the Small

Business Administration (SBA) rules

applicable to Communications Services,

Not Elsewhere Classified. This

definition provides that a small entity is

expressed as one with $11.0 million or

less in annual receipts.9 The Census

Bureau data indicates that of the 848

firms in the ‘‘Communications Services,

Not Elsewhere Classified’’ category, 775

are small businesses.10 We estimate that

under this definition the majority of

entities that market and modify RF

devices may be small entities.

11. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements

Our new rules transfer the

responsibility for ensuring that a

modified RF device complies with our

technical standards from the vendor,

manufacturer, or importer to the

modifying party. However, requirements

to measure the equipment to show that

it continues to comply with these

standards are consistent with the former

rules. Further, even under the former

rules—while they were not clearly

defined—a party modifying an RF

device was required to retain its

measurement data showing that the

modified device complied with these

standards. A modifying party must also

label the equipment with its name,

address and telephone number, unless it

obtains a new authorization for the

modified equipment. The type of skills

needed to label equipment is usually

clerical.

12. Under our new rules greater

flexibility will be provided to vendors,

manufacturers, and importers, thus

decreasing the regulatory burden on

such entities. Further, when an RF

device is modified, any increased

reporting and record keeping

requirement imposed on the modifying

party will be offset by a decreased

reporting requirement on the vendor,

manufacturer, or importer. Moreover,

there is no requirement that any RF

device be modified. Therefore, to the

extent that a small entity chooses to

modify an RF device, it is because that

entity believes the benefits of modifying

the device outweigh its costs, including

reporting and record keeping

requirements.

13. Significant Alternatives and Steps

Taken to Minimize Significant

Economic Impact on a Substantial

Number of Small Entities Consistent

with Stated Objectives

As proposed in the NPRM, any entity

that remanufactures or otherwise

modifies an authorized RF device would

be designated as responsible for

ensuring that the device continues to

comply with our applicable technical

standards, and would be required to

retain records of its modification

relative to the original design drawings.

However, after reviewing comments, we

conclude that it is unnecessary for the

modifying party to obtain the original

design drawings. Accordingly, in this

Report and Order, we are requiring only

that the modifying party retain records

showing the changes made to the

device, together with test records

demonstrating that the device continues

to comply with the applicable

standards.11 We also are changing

another proposal in the NPRM by not

requiring that a modified RF device be

labelled with the name, address, and

telephone number of the modifying

party, provided the party performing the

modifications obtains a new equipment

authorization. These changes will

reduce the impact of our new

regulations on small entities.

14. Report to Congress

The Commission shall send a copy of

this Final Regulatory Flexibility

Analysis, along with this Report and

Order, in a report to Congress pursuant

to the Small Business Regulatory

Enforcement Fairness Act of 1996, 5

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

List of Subjects in 47 CFR Part 2

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal

Regulations, Part 2, is amended as

follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for Part 2

continues to read as follows:

Authority: Sections 4, 302, 303, and 307 of

the Communications Act of 1934, as

amended, 47 U.S.C. Sections 154, 302, 303,

and 307, unless otherwise noted.

2. Section 2.803 is revised to read as

follows:

§ 2.803 Marketing of radio frequency

devices prior to equipment authorization.

(a) Except as provided elsewhere in

this section, no person shall sell or

lease, or offer for sale or lease (including

advertising for sale or lease), or import,

ship, or distribute for the purpose of

selling or leasing or offering for sale or

lease, any radio frequency device

unless:

(1) In the case of a device subject to

type acceptance, certification, or

notification, such device has been

authorized by the Commission in

accordance with the rules in this

chapter and is properly identified and

labelled as required by § 2.925 and other

relevant sections in this chapter; or

(2) In the case of a device that is not

required to have a grant of equipment

authorization issued by the

Commission, but which must comply

with the specified technical standards

prior to use, such device also complies

with all applicable administrative

(including verification of the equipment

or authorization under a Declaration of

Conformity, where required), technical,

labelling and identification

requirements specified in this chapter.

(b) The provisions of paragraph (a) of

this section do not prohibit conditional

sales contracts between manufacturers
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10469

and wholesalers or retailers where

delivery is contingent upon compliance

with the applicable equipment

authorization and technical

requirements, nor do they prohibit

agreements between such parties to

produce new products, manufactured in

accordance with designated

specifications.

(c) Notwithstanding the provisions of

paragraphs (a), (b), (d) and (f) of this

section, a radio frequency device may be

advertised or displayed, e.g., at a trade

show or exhibition, prior to equipment

authorization or, for devices not subject

to the equipment authorization

requirements, prior to a determination

of compliance with the applicable

technical requirements provided that

the advertising contains, and the display

is accompanied by, a conspicuous

notice worded as follows:

This device has not been authorized as

required by the rules of the Federal

Communications Commission. This device is

not, and may not be, offered for sale or lease,

or sold or leased, until authorization is

obtained.

(1) If the product being displayed is

a prototype of a product that has been

properly authorized and the prototype,

itself, is not authorized due to

differences between the prototype and

the authorized product, the following

disclaimer notice may be used in lieu of

the notice stated in paragraph (c)

introductory text of this section:

Prototype. Not for sale.

(2) Except as provided elsewhere in

this chapter, devices displayed under

the provisions of paragraphs (c)

introductory text, and (c)(1) of this

section may not be activated or

operated.

(d) Notwithstanding the provisions of

paragraph (a) of this section, the offer

for sale solely to business, commercial,

industrial, scientific or medical users

(but not an offer for sale to other parties

or to end users located in a residential

environment) of a radio frequency

device that is in the conceptual,

developmental, design or preproduction stage is permitted prior to

equipment authorization or, for devices

not subject to the equipment

authorization requirements, prior to a

determination of compliance with the

applicable technical requirements

provided that the prospective buyer is

advised in writing at the time of the

offer for sale that the equipment is

subject to the FCC rules and that the

equipment will comply with the

appropriate rules before delivery to the

buyer or to centers of distribution. If a

product is marketed in compliance with

the provisions of this paragraph, the

product does not need to be labelled

with the statement in paragraph (c) of

this section.

(e)(1) Notwithstanding the provisions

of paragraph (a) of this section, prior to

equipment authorization or

determination of compliance with the

applicable technical requirements any

radio frequency device may be operated,

but not marketed, for the following

purposes and under the following

conditions:

(i) Compliance testing;

(ii) Demonstrations at a trade show

provided the notice contained in

paragraph (c) of this section is displayed

in a conspicuous location on, or

immediately adjacent to, the device;

(iii) Demonstrations at an exhibition

conducted at a business, commercial,

industrial, scientific, or medical

location, but excluding locations in a

residential environment, provided the

notice contained in paragraphs (c) or (d)

of this section, as appropriate, is

displayed in a conspicuous location on,

or immediately adjacent to, the device;

(iv) Evaluation of product

performance and determination of

customer acceptability, provided such

operation takes place at the

manufacturer’s facilities during

developmental, design, or preproduction states; or

(v) Evaluation of product performance

and determination of customer

acceptability where customer

acceptability of a radio frequency device

cannot be determined at the

manufacturer’s facilities because of size

or unique capability of the device,

provided the device is operated at a

business, commercial, industrial,

scientific, or medical user’s site, but not

at a residential site, during the

development, design or pre-production

stages. A product operated under this

provision shall be labelled, in a

conspicuous location, with the notice in

paragraph (c) of this section.

(2) For the purpose of paragraphs

(e)(1)(iv) and (e)(1)(v) of this section, the

term ‘‘manufacturer’s facilities’’

includes the facilities of the party

responsible for compliance with the

regulations and the manufacturer’s

premises, as well as the facilities of

other entities working under the

authorization of the responsible party in

connection with the development and

manufacture, but not marketing, of the

equipment.

(3) The provisions of paragraphs

(e)(1)(i), (e)(1)(ii), (e)(1)(iii), (e)(1)(iv),

and (e)(1)(v) of this section do not

eliminate any requirements for station

licenses for products that normally

require a license to operate, as specified

elsewhere in this chapter.

Manufacturers should note that station

licenses are not required for some

products, e.g., products operating under

part 15 of this chapter and certain

products operating under part 95 of this

chapter.

(4) Marketing, as used in this section,

includes sale or lease, or offering for

sale or lease, including advertising for

sale or lease, or importation, shipment,

or distribution for the purpose of selling

or leasing or offering for sale or lease.

(5) Products operating under the

provisions of this paragraph (e) shall not

be recognized to have any vested or

recognizable right to continued use of

any frequency. Operation is subject to

the conditions that no harmful

interference is caused and that any

interference received must be accepted.

Operation shall be required to cease

upon notification by a Commission

representative that the device is causing

harmful interference and shall not

resume until the condition causing the

harmful interference is corrected.

(f) For radio frequency devices subject

to verification and sold solely to

business, commercial, industrial,

scientific, and medical users (excluding

products sold to other parties or for

operation in a residential environment),

parties responsible for verification of the

devices shall have the option of

ensuring compliance with the

applicable technical specifications of

this chapter at each end user’s location

after installation, provided that the

purchase or lease agreement includes a

proviso that such a determination of

compliance be made and is the

responsibility of the party responsible

for verification of the equipment. If the

purchase or lease agreement contains

this proviso and the responsible party

has the product measured to ensure

compliance at the end user’s location,

the product does not need to be labelled

with the statement in paragraph (c) of

this section.

(g) The provisions in paragraphs (b)

through (f) of this section apply only to

devices that are designed to comply

with, and to the best of the responsible

party’s knowledge will, upon testing,

comply with all applicable requirements

in this chapter. The provisions in

paragraphs (b) through (f) of this section

do not apply to radio frequency devices

that could not be authorized or legally

operated under the current rules. Such

devices shall not be operated,

advertised, displayed, offered for sale or

lease, sold or leased, or otherwise

marketed absent a license issued under

part 5 of this chapter or a special

temporary authorization issued by the

Commission.
10470 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

(h) The provisions in subpart K of this

part continue to apply to imported radio

frequency devices.

§ 2.805 [Removed]

3. Section 2.805 is removed.

§ 2.806 [Removed]

4. Section 2.806 is removed.

5. Section 2.807 is amended by

revising the introductory paragraph to

read as follows:

§ 2.807 Statutory exceptions.

As provided by Section 302(c) of the

Communications Act of 1934, as

amended, § 2.803 shall not be applicable

to:

* * * * *

§ 2.809 [Removed]

6. Section 2.809 is removed.

7. Section 2.811 is revised to read as

follows:

§ 2.811 Transmitters operated under part

73 of this chapter.

Section 2.803(a) through (d) shall not

be applicable to a transmitter operated

in any of the Radio Broadcast Services

regulated under part 73 of this chapter,

provided the conditions set out in part

73 of this chapter for the acceptability

of such transmitter for use under

licensing are met.

8. Section 2.813 is revised to read as

follows:

§ 2.813 Transmitters operated in the

Instructional Television Fixed Service.

Section 2.803(a) through (d) shall not

be applicable to a transmitter operated

in the Instructional Television Fixed

Service regulated under part 74 of this

chapter, provided the conditions in

§ 74.952 of this chapter for the

acceptability of such transmitter for

licensing are met.

9. Section 2.815 is amended by

revising paragraphs (d) and (e) to read

as follows:

§ 2.815 External radio frequency power

amplifiers.

* * * * *

(d) The proscription in paragraph (b)

of this section shall not apply to the

marketing, as defined in paragraph (b) of

this section, by a licensed amateur radio

operator to another licensed amateur

radio operator of an external radio

frequency power amplifier fabricated in

not more than one unit of the same

model in a calendar year by that

operator provided the amplifier is for

the amateur operator’s personal use at

his licensed amateur radio station and

the requirements of §§ 97.315 and

97.317 of this chapter are met.

(e) The proscription in paragraph (c)

of this section shall not apply in the

marketing, as defined in paragraph (c) of

this section, by a licensed amateur radio

operator to another licensed amateur

radio operator of an external radio

frequency power amplifier if the

amplifier is for the amateur operator’s

personal use at his licensed amateur

radio station and the requirements of

§§ 97.315 and 97.317 of this chapter are

met.

§ 2.901 [Amended]

10. Section 2.901 is amended by

removing the words in paragraphs (a)

and (b) ‘‘type approval,’’.

§ 2.903 [Removed]

11. Section 2.903 is removed.

12. Section 2.909 is amended by

adding a last sentence to paragraphs (a)

and (b) and by adding new paragraphs

(c)(3) and (d) to read as follows:

§ 2.909 Responsible party.

* * * * *

(a) * * * If the radio frequency

equipment is modified by any party

other than the grantee and that party is

not working under the authorization of

the grantee pursuant to § 2.929(b), the

party performing the modification is

responsible for compliance of the

product with the applicable

administrative and technical provisions

in this chapter.

(b) * * * If subsequent to manufacture

and importation, the radio frequency

equipment is modified by any party not

working under the authority of the

responsible party, the party performing

the modification becomes the new

responsible party.

(c) * * *

(3) If the radio frequency equipment

is modified by any party not working

under the authority of the responsible

party, the party performing the

modifications, if located within the

U.S., or the importer, if the equipment

is imported subsequent to the

modifications, becomes the new

responsible party.

(d) If, because of modifications

performed subsequent to authorization,

a new party becomes responsible for

ensuring that a product complies with

the technical standards and the new

party does not obtain a new equipment

authorization, the equipment shall be

labelled, following the specifications in

§ 2.925(d), with the following: ‘‘This

product has been modified by [insert

name, address and telephone number of

the party performing the

modifications].’’

13. Section 2.913 is amended by

revising paragraph (a) to read as follows:

§ 2.913 Submittal of equipment

authorization application or information to

the Commission.

(a) Unless otherwise directed,

applications with fees attached for the

equipment authorization, pursuant to

§ 1.1103 of this chapter, must be

submitted following the procedures

described in § 0.401(b) of this chapter.

The address for applications submitted

by mail is: Federal Communications

Commission, Equipment Approval

Services, P. O. Box 358315, Pittsburgh,

PA 15251–5315. If the applicant chooses

to make use of an air courier/package

delivery service, the following address

must appear on the outside of the

package/envelope: Federal

Communications Commission, c/o

Mellon Bank, Three Mellon Bank

Center, 525 William Penn Way, 27th

floor, Room 153–2713, Pittsburgh,

Pennsylvania 15259–0001, Attention:

Wholesale Lockbox Supervisor.

* * * * *

§ 2.915 [Amended]

14. Section 2.915 is amended by

removing the words ‘‘type approval,’’ in

paragraphs (a) introductory text and (c).

§ 2.917 [Amended]

15. Section 2.917 is amended by

removing paragraph (d).

16. Section 2.924 is revised to read as

follows:

§ 2.924 Marketing of electrically identical

equipment having multiple trade names and

models or type numbers under the same

FCC Identifier.

The grantee of an equipment

authorization may market devices

having different model/type numbers or

trade names without additional

authorization from the Commission,

provided that such devices are

electrically identical and the equipment

bears an FCC Identifier validated by a

grant of equipment authorization. A

device will be considered to be

electrically identical if no changes are

made to the device authorized by the

Commission, or if the changes made to

the device would be treated as class I

permissive changes within the scope of

§§ 2.1001(b)(1) and 2.1043(b)(1).

Changes to the model number or trade

name by anyone other than the grantee,

or under the authorization of the

grantee, shall be performed following

the procedures in § 2.933.

17. Section 2.925 is amended by

removing paragraph (g) and by revising

paragraphs (b)(4), (d) introductory text

and (f) to read as follows:

§ 2.925 Identification of equipment.

* * * * *

(b) * * *
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10471

(4) For a transceiver, the receiver

portion of which is subject to

verification pursuant to § 15.101 of this

chapter, the FCC Identifier required for

the transmitter portion shall be

preceded by the term ‘‘FCC ID’’.

* * * * *

(d) In order to validate the grant of

equipment authorization, the nameplate

or label shall be permanently affixed to

the equipment and shall be readily

visible to the purchaser at the time of

purchase.

* * * * *

(f) The term ‘‘FCC ID’’ and the coded

identification assigned by the

Commission shall be in a size of type

large enough to be readily legible,

consistent with the dimensions of the

equipment and its nameplate. However,

the type size for the FCC Identifier is not

required to be larger than eight-point.

§ 2.926 [Amended]

18. Section 2.926 is amended by

removing the reference in paragraph (e)

‘‘§ 15.69’’ and adding in its place

‘‘§ 15.101 of this chapter’’.

19. Section 2.927 is amended by

removing paragraph (d) and by revising

paragraphs (a) and (b) to read as follows:

§ 2.927 Limitations on grants.

(a) A grant of equipment authorization

is valid only when the FCC Identifier is

permanently affixed on the device and

remains effective until revoked or

withdrawn, rescinded, surrendered, or a

termination date is otherwise

established by the Commission.

(b) A grant of an equipment

authorization signifies that the

Commission has determined that the

equipment has been shown to be

capable of compliance with the

applicable technical standards if no

unauthorized change is made in the

equipment and if the equipment is

properly maintained and operated. The

issuance of a grant of equipment

authorization shall not be construed as

a finding by the Commission with

respect to matters not encompassed by

the Commission’s rules, especially with

respect to compliance with 18 U.S.C.

2512.

* * * * *

20. Section 2.929 is amended by

revising paragraph (b)(1) and its Note to

read as follows:

§ 2.929 Nonassignability of an equipment

authorization.

* * * * *

(b) * * *

(1) The equipment manufactured by

such second party bears the identical

FCC Identifier as set out in the grant of

the equipment authorization.

Note to paragraph (b)(1): Any change

in the FCC Identifier desired as a result

of such production or marketing

agreement will require the filing of a

new application for an equipment

authorization as specified in § 2.933.

* * * * *

21. Section 2.931 is revised to read as

follows:

§ 2.931 Responsibility of the grantee.

In accepting a grant of an equipment

authorization, the grantee warrants that

each unit of equipment marketed under

such grant and bearing the identification

specified in the grant will conform to

the unit that was measured and that the

data (design and rated operational

characteristics) determined by the

grantee for notification or filed with the

application for type acceptance or

certification continues to be

representative of the equipment being

produced under such grant within the

variation that can be expected due to

quantity production and testing on a

statistical basis.

22. Section 2.932 is amended by

adding new paragraph (f) to read as

follows:

§ 2.932 Modification of equipment.

* * * * *

(f) All requests for permissive changes

submitted to the Commission must be

accompanied by the anti-drug abuse

certification required under § 1.2002 of

this chapter.

23. Section 2.933 is amended by

revising paragraphs (a), (b)(7) and (c) to

read as follows:

§ 2.933 Change in identification of

equipment.

(a) A new application for equipment

authorization shall be filed whenever

there is a change in the FCC Identifier

for the equipment with or without a

change in design, circuitry or

construction. However, a change in the

model/type number or trade name

performed in accordance with the

provisions in § 2.924 is not considered

to be a change in identification and does

not require additional authorization

from the Commission.

(b) * * *

(7) In the case of certified equipment,

the photographs required by

§ 2.1033(b)(7) showing the exterior

appearance of the equipment, including

the operating controls available to the

user and the identification label.

Photographs of the construction, the

component placement on the chassis,

and the chassis assembly are not

required to be submitted unless

specifically requested by the

Commission.

(c) If the change in the FCC Identifier

also involves a change in design or

circuitry which falls outside the

purview of a permissive change

described in §§ 2.977, 2.1001 or 2.1043,

a complete application shall be filed

pursuant to § 2.911.

§ 2.934 [Amended]

24. Section 2.934 is amended by

removing the reference ‘‘§ 2.910(b)’’ and

adding in its place ‘‘§ 2.913(b)’’.

25. Section 2.936 is revised to read as

follows:

§ 2.936 FCC inspection.

Upon reasonable request, each

responsible party shall submit the

following to the Commission or shall

make the following available for

inspection:

(a) The records required by §§ 2.938,

2.955, and 2.1075.

(b) A sample unit of the equipment

covered under an authorization.

(c) The manufacturing plant and

facilities.

26. Section 2.938 is revised to read as

follows:

§ 2.938 Retention of records.

(a) For each equipment subject to the

Commission’s equipment authorization

standards, the responsible party shall

maintain the records listed as follows:

(1) A record of the original design

drawings and specifications and all

changes that have been made that may

affect compliance with the standards

and the requirements of § 2.931.

(2) A record of the procedures used

for production inspection and testing to

ensure conformance with the standards

and the requirements of § 2.931.

(3) A record of the test results that

demonstrate compliance with the

appropriate regulations in this chapter.

(b) The provisions of paragraph (a) of

this section shall also apply to a

manufacturer of equipment produced

under the provisions of § 2.929(b). The

retention of the records by the

manufacturer under these circumstances

shall satisfy the grantee’s responsibility

under paragraph (a) of this section.

(c) The records listed in paragraph (a)

of this section shall be retained for one

year for equipment subject to

authorization under the type acceptance

or certification procedure, or for two

years for equipment subject to

authorization under any other

procedure, after the manufacture of said

equipment has been permanently

discontinued, or until the conclusion of

an investigation or a proceeding if the

responsible party (or under paragraph

(b) of this section the manufacturer) is

officially notified that an investigation
10472 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

or any other administrative proceeding

involving its equipment has been

instituted.

(d) If radio frequency equipment is

modified by any party other than the

original responsible party, and that

party is not working under the

authorization of the original responsible

party, the party performing the

modifications is not required to obtain

the original design drawings specified

in paragraph (a)(1) of this section.

However, the party performing the

modifications must maintain records

showing the changes made to the

equipment along with the records

required in paragraphs (a)(3) of this

section. A new equipment authorization

may also be required. See, for example,

§§ 2.909, 2.924, 2.933, and 2.1043.

27. Section 2.941 is revised to read as

follows:

§ 2.941 Availability of information relating

to grants.

(a) Grants of equipment authorization,

other than for receivers and equipment

authorized for use under parts 15 or 18

of this chapter, will be publicly

announced in a timely manner by the

Commission. Information about the

authorization of a device using a

particular FCC Identifier may be

obtained by contacting the

Commission’s Office of Engineering and

Technology Laboratory.

(b) Information relating to equipment

authorizations, such as data submitted

by the applicant in connection with an

authorization application, laboratory

tests of the device, etc., shall be

available in accordance with §§ 0.441

through 0.470 of this chapter.

28. Section 2.953 is amended by

revising the section heading and

paragraphs (a), (b) and (d) to read as

follows:

§ 2.953 Responsibility for compliance.

(a) In verifying compliance, the

responsible party, as defined in § 2.909

warrants that each unit of equipment

marketed under the verification

procedure will be identical to the unit

tested and found acceptable with the

standards and that the records

maintained by the responsible party

continue to reflect the equipment being

produced under such verification

within the variation that can be

expected due to quantity production

and testing on a statistical basis.

(b) The importer of equipment subject

to verification may upon receiving a

written statement from the manufacturer

that the equipment complies with the

appropriate technical standards rely on

the manufacturer or independent testing

agency to verify compliance. The test

records required by § 2.955 however

should be in the English language and

made available to the Commission upon

a reasonable request, in accordance with

§ 2.956.

* * * * *

(d) Verified equipment shall be

reverified if any modification or change

adversely affects the emanation

characteristics of the modified

equipment. The party designated in

§ 2.909 bears responsibility for

continued compliance of subsequently

produced equipment.

29. Section 2.954 is revised to read as

follows:

§ 2.954 Identification.

Devices subject only to verification

shall be uniquely identified by the

person responsible for marketing or

importing the equipment within the

United States. However, the

identification shall not be of a format

which could be confused with the FCC

Identifier required on certified, notified

or type accepted equipment. The

importer or manufacturer shall maintain

adequate identification records to

facilitate positive identification for each

verified device.

30. Section 2.955 is amended by

revising the introductory text of

paragraph (a) and paragraph (a)(3) to

read as follows:

§ 2.955 Retention of records.

(a) For each equipment subject to

verification, the responsible party, as

shown in § 2.909 shall maintain the

records listed as follows:

* * * * *

(3) A record of the measurements

made on an appropriate test site that

demonstrates compliance with the

applicable regulations in this chapter.

The record shall:

(i) Indicate the actual date all testing

was performed;

(ii) State the name of the test

laboratory, company, or individual

performing the verification testing. The

Commission may request additional

information regarding the test site, the

test equipment or the qualifications of

the company or individual performing

the verification tests;

(iii) Contain a description of how the

device was actually tested, identifying

the measurement procedure and test

equipment that was used;

(iv) Contain a description of the

equipment under test (EUT) and support

equipment connected to, or installed

within, the EUT;

(v) Identify the EUT and support

equipment by trade name and model

number and, if appropriate, by FCC

Identifier and serial number;

(vi) Indicate the types and lengths of

connecting cables used and how they

were arranged or moved during testing;

(vii) Contain at least two drawings or

photographs showing the test set-up for

the highest line conducted emission and

showing the test set-up for the highest

radiated emission. These drawings or

photographs must show enough detail

to confirm other information contained

in the test report. Any photographs used

must be focused originals without glare

or dark spots and must clearly show the

test configuration used;

(viii) List all modifications, if any,

made to the EUT by the testing company

or individual to achieve compliance

with the regulations in this chapter;

(ix) Include all of the data required to

show compliance with the appropriate

regulations in this chapter; and

(x) Contain, on the test report, the

signature of the individual responsible

for testing the product along with the

name and signature of an official of the

responsible party, as designated in

§ 2.909.

* * * * *

31. Section 2.956 is revised to read as

follows:

§ 2.956 FCC inspection and submission of

equipment for testing.

(a) Each responsible party shall upon

receipt of reasonable request:

(1) Submit to the Commission the

records required by § 2.955.

(2) Submit one or more sample units

for measurements at the Commission’s

Laboratory.

(i) Shipping costs to the Commission’s

Laboratory and return shall be borne by

the responsible party.

(ii) In the event the responsible party

believes that shipment of the sample to

the Commission’s Laboratory is

impractical because of the size or weight

of the equipment, or the power

requirement, or for any other reason, the

responsible party may submit a written

explanation why such shipment is

impractical and should not be required.

(b) Requests for the submission of the

records in § 2.955 or for the submission

of sample units are covered under the

provisions of § 2.946.

§ 2.957 [Removed]

32. Section 2.957 is removed.

§§ 2.961, 2.963, 2.965, 2.967, 2.969

[Removed]

33. The undesignated centerheading

preceding § 2.961 and § 2.961 are

removed.

34. Section 2.963 is removed.

35. Section 2.965 is removed.

36. Section 2.967 is removed.

37. Section 2.969 is removed.
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10473

38. Section 2.975 is amended by

revising paragraphs (b) and (g) to read

as follows:

§ 2.975 Application for notification.

* * * * *

(b) The statement required in

paragraph (a)(6) of this section shall be

signed pursuant to § 2.911(c).

* * * * *

(g) The records of measurement data,

measurement procedures, photographs,

circuit diagrams, etc. for a device

subject to notification shall be retained

for two years after the manufacture of

said equipment has been permanently

discontinued, or, if the responsible

party is officially notified that an

investigation or any other

administrative proceeding involving the

equipment has been instituted prior to

the expiration of such two year period,

until the conclusion of that

investigation or proceeding.

§ 2.979 [Removed]

39. Section 2.979 is removed.

§ 2.983 [Amended]

40. Section 2.983 is amended by

removing and reserving paragraph (h)

and by removing the reference ‘‘subpart

C of part 97’’ in the last sentence of

paragraph (i) and adding in its place

‘‘subpart D of part 97’’.

§ 2.1003 [Removed]

41. Section 2.1003 is removed.

42. Section 2.1005 is amended by

revising paragraph (a), the introductory

text of paragraphs (c) and (c)(4) and

paragraph (d) to read as follows:

§ 2.1005 Equipment for use in the Amateur

Radio Service.

(a) The general provisions of §§ 2.981,

2.983, 2.991, 2.993, 2.997, 2.999, and

2.1001 shall apply to applications for,

and grants of, type acceptance for

equipment operated under the

requirements of part 97 of this chapter,

the Amateur Radio Service.

* * * * *

(c) Any supplier of an external radio

frequency power amplifier kit as

defined by § 97.3(a)(17) of this chapter

shall comply with the following

requirements:

* * * * *

(4) The identification label required

by § 2.925 shall be permanently affixed

to the assembled unit and shall be of

sufficient size so as to be easily read.

The following information shall be

shown on the label:

* * * * *

(d) Type acceptance of external radio

frequency power amplifiers and

amplifier kits may be denied when

denial serves the public interest,

convenience and necessity by

preventing the use of these amplifiers in

services other than the Amateur Radio

Service. Other uses of these amplifiers,

such as in the Citizens Band Radio

Service, are prohibited (§ 95.411 of this

chapter). Examples of features which

may result in the denial of type

acceptance are contained in § 97.317 of

this chapter.

§ 2.1033 [Amended]

43. Section 2.1033 is amended by

removing and reserving paragraph

(b)(10) and by removing the reference

‘‘§ 15.257(e)’’ in paragraph (b)(11) and

adding in its place ‘‘§ 15.247(e)’’.

§ 2.1045 [Removed]

44. Section 2.1045 is removed.

45. Section 2.1300 is revised to read

as follows:

§ 2.1300 Cross reference.

The general provisions of this part,

§§ 2.911, 2.923, 2.929, 2.935, 2.936, and

2.946 shall apply to applications for and

grants of registration for telephone

terminal equipment pursuant to part 68

of this chapter.

[FR Doc. 97–5349 Filed 3–5–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

120596A]

RIN 0648–XX76

Summer Flounder Fishery; Final

Specifications for 1997; Adjustment to

1997 State Quotas; Commercial Quota

Harvested for Delaware

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final specifications for the 1997

summer flounder fishery and

adjustments to state commercial quotas.

SUMMARY: NMFS issues the final

specifications for the 1997 summer

flounder fishery that include

commercial catch quotas and an

increase in commercial minimum fish

size, makes adjustments to the

commercial quota for the 1997 summer

flounder fishery as a result of overages

in the 1996 fishing year and, as a

consequence of these overages,

announces that the summer flounder

quota available to the State of Delaware

for 1997 has been harvested. The intent

of this document is to comply with

implementing regulations for the

summer flounder fishery that require

NMFS to publish measures for the

upcoming fishing year that will prevent

overfishing of this species, require

overages in any state to be deducted

from that state’s commercial quota for

the following year, require publication

of a notice to advise the State of

Delaware that its quota has been

harvested, and to advise vessel and

dealer permit holders that no

commercial quota is available for

landing summer flounder in Delaware.

EFFECTIVE DATE: March 4, 1997 through

December 31, 1997, except for

§ 648.103(a) which will be effective

April 7, 1997.

ADDRESSES: Copies of the

Environmental Assessment and

supporting documents used by the

Monitoring Committee are available

from: Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 S. New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Dana Hartley, Fishery Management

Specialist, 508–281–9226.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder Fishery (FMP) was

developed jointly by the Atlantic States

Marine Fisheries Commission

(Commission) and the Mid-Atlantic

Fishery Management Council (Council)

in consultation with the New England

and South Atlantic Fishery Management

Councils. The management unit for the

FMP is summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the

Canadian border. Implementing

regulations for the fishery are found at

50 CFR part 648, subparts A and G.

Section 648.100(a) of the regulations

implementing the FMP specifies the

process for setting annual management

measures in order to achieve the fishing

mortality (Ftgt) rates specified in the

FMP. Under Amendment 7 to the FMP,

the schedule of F rates sets a target

fishing mortality rate of 0.41 in 1996,

0.3 in 1997, and 0.23 in 1998 and

thereafter, provided the allowable levels

of fishing in 1996 and 1997 may not

exceed 18.51 million lb (8.4 million kg),

unless the fishing mortality rate (F) of

0.23 is met.

Pursuant to § 648.100, the Regional

Administrator, Northeast Region,

NMFS, implements certain measures for

the fishing year to ensure achievement

of the appropriate fishing mortality rate.