31684 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules

1See 5 U.S.C. 601(3) (incorporating by reference

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

U.S.C. 632).

J. Statutory Authority

The statutory authority for the action

proposed in this notice today is granted

to EPA by sections 211 and 301(a) of the

Clean Air Act as amended (42 U.S.C.

7545 and 7601(a)).

K. Children’s Health Protection

This proposed rule is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it does not

involve decisions on environmental

health risks or safety risks that may

disproportionately affect children.

List of Subjects in 40 CFR Part 80

Environmental protection,

Administrative practice and procedures,

Air pollution control, Fuel additives,

Gasoline, Motor vehicle and motor

vehicle engines, Motor vehicle

pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: May 28, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–15450 Filed 6–9–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

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47 CFR Parts 2 and 15

[ET Docket No. 98–76; FCC 98–100]

Proposed Rules To Further Ensure

That Scanning Receivers Do Not

Receive Cellular Radio Signals

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed

Rule Making (NPRM) the Commission

proposes to amend the rules to further

prevent scanning receivers from

receiving cellular radio telephone

signals. The Commission seeks

comment on the proposed rule changes.

DATES: Comments must be filed on or

before July 10, 1998, and reply

comments must be filed July 27, 1998.

Interested parties wishing to comment

on the information collections should

submit comments July 10, 1998.

ADDRESSES: Comments and reply

comments should be sent to the Office

of Secretary, Federal Communications

Commission, Washington DC 20554. In

addition to filing comments with the

Secretary, a copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington DC 20554, or via

electronic mail to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Rodney P. Conway (202) 418–2904 or

Hugh Van Tuyl (202) 418–7506. Via

electronic mail: rconway@fcc.gov or

hvantuyl@fcc.gov, Office of Engineering

and Technology, Federal

Communications Commission. For

additional information concerning the

information collections, or copies of the

information collections contained in

this NPRM contact Judy Boley at (202)

418–0217, or via electronic mail at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, ET Docket 98–

76, FCC 98–100, adopted May 21, 1998,

and released June 3, 1998.

This NPRM contains proposed

information collections subject to the

Paperwork Reduction Act of 1995

(PRA), Public Law 104–13. The general

public, and other Federal agencies are

invited to comment on the proposed

information collections contained in

this proceeding.

A full text of this Commission

decision 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 duplication

contractor, International Transcription

Service, phone (202) 857–3800,

facsimile (202) 857–3805, 1231 20th

Street, N.W. Washington DC 20036.

Summary of the NPRM

1. The NPRM contains proposed rules

that are needed to improve and

strengthen the Commission’s regulations

prohibiting scanning receivers from

tuning frequencies allocated to the

cellular radio telephone service

(Cellular Service). The NPRM proposes

to adopt a signal rejection requirement

to prevent scanning receivers from

intercepting Cellular Service

transmissions when they are ‘‘tuned’’ to

frequencies outside the Cellular Service.

2. In addition, the NPRM proposes

specific design requirements to make it

more difficult to modify scanning

receivers to receive Cellular Service

transmissions.

3. Moreover, the NPRM seeks

comment on changing the definition of

a scanning receiver to include receivers

that automatically tune among less than

four frequencies.

4. Further, the NPRM proposes a

definition for test equipment and seeks

to prohibit kits that when assembled

would be capable of receiving and

decoding Cellular Service

transmissions.

5. Moreover, the NPRM also proposes

rules to codify the provisions of section

705 of the Communications Act that

prohibit any person or persons from

knowingly intercepting and divulging

the content of transmissions from the

Cellular Service frequency bands. This

proposed prohibition will not apply to

receivers used in the Cellular Service.

The NPRM proposes to implement these

requirements for scanning receivers

manufactured and imported into the

United States 90 days after adoption of

the final rules.

Initial Regulatory Flexibility Analysis

6. Need for and Objective of the Rules.

This NPRM is initiated to obtain

comments regarding the proposed rules

which seek to further ensure that

scanning receivers do not receive

signals from the cellular radiotelephone

frequency bands.

7. Legal Basis. The proposed action is

authorized under sections 4(j), 301, 302,

303(e), 303(f), 303(g), 303(r), 304 and

307 of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 301, 302,

303(e), 303(f), 303(g), 303(r), 304 and

307.

8. Reporting, Recordkeeping and

Other Compliance Requirements. We

propose to establish rules that would

require scanning receivers to be

manufactured to reduce the possibility

of receiving signals from the cellular

telephone frequency bands. The

proposed rules will require design

details and test measurements to be

reported to the Commission as part of

the normal equipment authorization

process under our certification

procedure.

9. Federal Rules Which Overlap,

Duplicate or Conflict With These Rules.

None.

10. Description, Potential Impact and

Number of Small Entities Involved. For

purposes of this NPRM, 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.1 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
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules 31685

2See 15 U.S.C. 632.

3See 13 CFR 121.201, (SIC) Code 3663.

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

Transportation, Communications and Utilities

(issued May 1995), SIC category 3663.

established by the Small Business

Administration (‘‘SBA’’).2

The Commission has not developed a

definition of small entities applicable to

unlicensed communications devices.

Therefore, we will utilize the SBA

definition applicable to manufacturers

of Radio and Television Broadcasting

and Communications Equipment.

According to the SBA regulations,

unlicensed transmitter manufacturers

must have 750 or fewer employees on

order to qualify as a small business

concern.3 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.4

The Census Bureau category is very

broad, and specific figures are not

available as to how many of these firms

will manufacture unlicensed

communications devices. However, we

believe that many of them may qualify

as small entities.

11. Any Significant Alternatives

Minimizing the Impact on Small

Entities Consistent with Stated

Objectives. None.

List of Subjects 47 CFR Parts 2 and 15

Communications equipment, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–15393 Filed 6–9–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

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47 CFR Parts 2, 25, and 68

[GEN Docket No. 98–68; FCC 98–92]

Streamlining the Equipment

Authorization Process; Implementation

of Mutual Recognition Agreements and

the GMPCS MOU

AGENCY: Federal Communications

Commission.

ACTION: Proposed rules.

SUMMARY: The Commission is proposing

to amend the rules to provide the option

of private sector approval of equipment

that currently requires an approval by

the Commission. It is also proposing

rule changes to implement a Mutual

Recognition Agreement (MRA) for

product approvals with the European

Community (EC) and to allow for

similar agreements with other foreign

trade parties. These actions are intended

to eliminate the need for manufacturers

to wait for approval from the

Commission before marketing

equipment in the United States, thereby

reducing the time needed to bring a

product to market. The Commission is

also proposing an interim procedure to

issue equipment approvals for Global

Mobile Personal Communication for

Satellite (GMPCS) terminals prior to

domestic implementation of the

GMPCS–MOU Arrangements. That

action would benefit manufacturers of

GMPCS terminals by allowing greater

worldwide acceptance of their products.

DATES: Comments are due July 27, 1998,

reply comments are due August 10,

1998.

FOR FURTHER INFORMATION CONTACT:

Hugh L. Van Tuyl, (202) 418–7506 or

Julius P. Knapp, (202) 418–2468, Office

of Engineering and Technology. For part

68 specific questions, contact Geraldine

Matise, (202) 418–2320 or Vincent M.

Paladini, (202) 418–2332, Common

Carrier Bureau. For part 25 specific

questions, contact Tracey Weisler at

202–418–0744.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, GEN Docket 98–

68, FCC 98–92, adopted May 14, 1998,

and released May 18, 1998. The full text

of this Commission decision 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 duplication contractor,

International Transcription Service,

(202) 857–3800, 1231 20th Street, N.W.

Washington, D.C. 20036.

Summary of the Notice of Proposed

Rule Making

1. The Commission proposes to

further streamline its part 2 equipment

authorization program and to commence

streamlining of part 68 of its rules in

order to enable designated private

parties to certify and register equipment.

The Commission also proposes

modifications to parts 2 and 68 of its

rules to implement the Mutual

Recognition Agreement between the

United States and the European

Community (US/EC MRA) and to

prepare for future mutual recognition

agreements that the United States may

enter into. The US/EC MRA serves the

interests of the United States by

promoting trade and competition in the

provision of telecommunications

products and increasing access to EC

markets by reducing the costs, delays,

and other burdens upon manufacturers

seeking to have their products approved

for sale in the EC. The Commission also

proposes to approve terminals used in

the GMPCS service prior to domestic

implementation of the GMPCS–MoU

Arrangements.

Part 2 Authorization Program

Streamlining

2. In the Report and Order (‘‘Order’’)

in ET Docket No. 97–94, adopted April

2, 1998, and released, April 16, 1998,

the Commission took several important

steps to reduce the burden of the part 2

equipment authorization program.

Those actions simplified the equipment

authorization rules, thus making it

easier to understand and comply with

the rules. Many types of equipment that

previously required Commission

approval were shifted to manufacturer

self-approval, thereby eliminating

delays in bringing products to the

market. Finally, the FCC equipment

authorization process was streamlined

by implementing an electronic filing

system for applications.

3. While manufacturer self-approval is

appropriate for many types of products,

certain products require closer oversight

due to such factors as a high risk of

noncompliance, the potential to create

significant interference to safety and

other communications services, and the

need to ensure compliance with

requirements to protect against radio

frequency exposure. Products that

currently require FCC certification

include mobile radio transmitters,

unlicensed radio transmitters and

scanning receivers. The Commission is

not proposing any further relaxations of

the certification requirements for

various equipment at this time. It

requests comments on these

conclusions. The Commission notes,

however, that in 1996 Congress gave it

explicit authority to authorize the use of

private organizations for testing and

certifying equipment. See 47 U.S.C.

302(e). The Commission believes that it

would be beneficial to exercise this

authority by allowing parties other than

the Commission to certify equipment.

Allowing parties other than the

Commission to certify equipment would

provide manufacturers with alternatives

where they could possibly obtain

certification faster than available from

the Commission. Further, by providing

for other product certifiers,

manufacturers would have the option of

obtaining certification from a facility in

a more convenient location. An

additional benefit of allowing other

parties to certify equipment would be a