33902 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

to be adversely affected by a release or 

potential release from a CCR unit 

located in the state for which the 

program was approved. 

RCRA section 4005(d)(4)(B) also 

provides that in a state with an 

approved CCR permitting program, the 

Administrator may commence an 

administrative or judicial enforcement 

action under section 3008 if: 

• The state requests that the 

Administrator provide assistance in the 

performance of an enforcement action; 

or 

• After consideration of any other 

administrative or judicial enforcement 

action involving the CCR unit, the 

Administrator determines that an 

enforcement action is likely to be 

necessary to ensure that the CCR unit is 

operating in accordance with the criteria 

established under the state’s permit 

program. 

V. Action 

In accordance with 42 U.S.C. 6945(d), 

EPA is approving the Texas partial CCR 

state permit program. 

Dated: June 1, 2021 

Michael S. Regan, 

Administrator. 

[FR Doc. 2021–13698 Filed 6–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 412, 414, 416, 

419, 482, 485, 512 

[CMS–1736–FC, 1736–IFC] 

RIN 0938–AU12 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; New 

Categories for Hospital Outpatient 

Department Prior Authorization 

Process; Clinical Laboratory Fee 

Schedule: Laboratory Date of Service 

Policy; Overall Hospital Quality Star 

Rating Methodology; Physician-Owned 

Hospitals; Notice of Closure of Two 

Teaching Hospitals and Opportunity 

To Apply for Available Slots, Radiation 

Oncology Model; and Reporting 

Requirements for Hospitals and 

Critical Access Hospitals (CAHs) To 

Report COVID–19 Therapeutic 

Inventory and Usage and To Report 

Acute Respiratory Illness During the 

Public Health Emergency (PHE) for 

Coronavirus Disease 2019 (COVID–19) 

Correction 

In rule document 2020–26819, 

beginning on page 85866, in the issue of 

Tuesday, December 29, 2020, make the 

following corrections: 

1. On page 85866, in the 2nd column, 

in the DATES section, on the 8th line, 

‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

2. On page 86261, in the 2nd column, 

in the 14th and 15th lines, ‘‘December 

4, 2021’’ should read ‘‘December 4, 

2020’’. 

PART 42 [Corrected] 

§ 482.42 [Corrected] 

■ 3. On page 86303, in the 3rd column, 

in instruction 21, in the 2nd line, 

‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 485.640 [Corrected] 

■ 4. On page 86304, in the 1st column, 

in instruction 23, in the 2nd line, 

‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.205 [Corrected] 

■ 5. On the same page, in the 2nd 

column, in instruction 25, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.210 [Corrected] 

■ 6. On the same page, in the same 

column, in instruction 26, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.217 [Corrected] 

■ 7. On the same page, in the 3rd 

column, in instruction 27, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.220 [Corrected] 

■ 8. On the same page, in the same 

column, in instruction 28, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.245 [Corrected] 

■ 9. On page 86305, in the 1st column, 

in instruction 29, in the 2nd line, 

‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.255 [Corrected] 

■ 10. On the same page, in the same 

column, in instruction 30, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

§ 512.285 [Corrected] 

■ 11. On the same page, in the 2nd 

column, in instruction 31, in the 2nd 

line, ‘‘December 4, 2021’’ should read 

‘‘December 4, 2020’’. 

[FR Doc. C1–2020–26819 Filed 6–24–21; 4:15 pm] 

BILLING CODE 0099–10–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 13–115; RM 11341; FCC 21– 

44; FR ID 33506] 

Allocation of Spectrum for Non-Federal 

Space Launch Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) takes steps towards 

establishing a spectrum allocation and 

licensing framework that will provide 

regulatory certainty and improved 

efficiency and that will promote 

innovation and investment in the 

United States commercial space launch 

industry. Specifically, in the Report and 

Order, the Commission allocates the 

2200–2290 MHz band for space 

operations on a secondary basis to 

permit non-federal use in specific 

portions of this band for purposes of 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33903 

space launch operations to help meet 

the increasing demands for space 

exploration and development. 

DATES: Effective July 28, 2021. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Oros, Deputy Chief, Policy and 

Rules Division, Office of Engineering 

and Technology, at (202) 418–0636 or 

nicholas.oros@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, ET Docket No. 13–115, FCC 

21–44, adopted April 22, 2020, and 

released April 22, 2020. This document 

is available by downloading the text 

from the Commission’s website at 

https://www.fcc.gov/document/fccseeks-make-spectrum-availablecommercial-space-launches-0. When 

the FCC Headquarters reopens to the 

public, the full text of this document 

also will be available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, 45 L Street NE, Washington, DC 

20554. Alternative formats are available 

for people with disabilities (Braille, 

large print, electronic files, audio 

format) by sending an email to FCC504@

fcc.gov or calling the Commission’s 

Consumer and Governmental Affairs 

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

418–0432 (TTY). 

Synopsis 

1. Commercial space launch entities 

are proliferating and are increasingly 

involved in all aspects of U.S.-based 

space activities, such as transportation 

of cargo and people into space, orbital 

launches to place satellites and other 

payloads into space, and suborbital 

launches. There are a growing number 

of companies offering services to both 

private entities and government 

organizations. For example, the National 

Aeronautics and Space Administration 

(NASA) has engaged two private 

companies to take cargo and crew to the 

International Space Station (ISS), and 

companies such as Space Exploration 

Technologies (SpaceX) and Northrop 

Grumman have completed numerous 

successful missions to the ISS. SpaceX 

has recently ferried people to the ISS, 

and Boeing is developing a spacecraft to 

do the same. Other companies, such as 

Virgin Galactic and Blue Origin, intend 

to take private citizens on suborbital 

flights. These commercial space launch 

companies are also actively transporting 

communications satellites into orbit. 

SpaceX, for example, has conducted 

over 100 launches. Several companies, 

such as Rocket Lab and Astra, are 

focusing on propelling small satellites 

into orbit. Bigelow Aerospace plans to 

deploy a manned space station. To 

support these commercial space 

ventures, entities such as the New 

Mexico Spaceport Authority, the 

Virginia Commercial Space Flight 

Authority and the Houston Airport 

System have established non-Federal 

spaceports. 

2. The Commission adopts a footnote 

to the Allocation Table for specified 

frequencies in the 2200–2290 MHz band 

to support commercial space launches 

and enable continued growth of a 

vibrant commercial space industry. This 

allocation shall be limited to use by 

space operations for the telemetry and 

tracking operations of launch vehicles 

during pre-launch testing and space 

launch operations. 

3. The NPRM made two alternative 

proposals for providing access to this 

band for launch telemetry use. Under 

the first proposal, the Commission 

would add a footnote to the U.S. Table 

providing primary non-Federal Space 

Operation service allocations to portions 

of the 2200–2290 MHz band. This 

footnote would require successful 

coordination of the assignment and use 

of the band for space launch operations 

with NTIA; restrict non-Federal use of 

the band to pre-launch testing and 

launches at Federal ranges; limit nonFederal transmissions to the 2207–2219 

MHz, 2270.5–2274.5 MHz, and 2285– 

2290 MHz portions of the band; and 

limit non-Federal use of the band to 

channel bandwidths less than 5 

megahertz by launch vehicles. Under a 

second proposal, the Commission 

would amend the U.S. Table to add a 

primary non-Federal Space Operation 

service allocation to the 2200–2290 

MHz band. This allocation would be 

accompanied by a footnote to the U.S. 

Table with the same restrictions 

specified in the footnote proposed in the 

first alternative. The NPRM also asked 

whether there is sufficient spectrum 

available to support the growth of the 

commercial launch industry. 

4. The 2200–2290 MHz band is 

currently allocated on a primary basis to 

multiple services for Federal use and is 

widely used. The only permitted nonFederal use of the band is for stations in 

the space research, space operation, and 

Earth exploration-satellite services to 

transmit to NASA’s Tracking and Data 

Relay Satellite System (TDRSS) on a 

non-interference basis. According to 

NTIA, the 2200–2290 MHz band is 

heavily used by the Department of 

Defense (DoD) and other agencies and 

these uses are vital for mission-critical 

systems. NTIA emphasizes that use of 

the band during commercial launches 

must be carefully coordinated to protect 

these Federal operations and suggests 

that the commercial space launch 

industry be limited to four frequency 

segments to facilitate this coordination. 

Because of the importance of Federal 

systems in the band, NTIA supports 

adding a secondary non-Federal space 

operations allocation to this band 

instead of the proposed primary 

allocation. As the private sector began to 

participate in launch activities, 

companies needed access to spectrum to 

facilitate communications associated 

with launch activities, a need that has 

continued to increase in recent years. 

The STA mechanism that the 

Commission and NTIA have used to 

provide access to the 2200–2290 MHz 

band during launches is not ideal to 

handle the increased volume of 

commercial space launch activities 

because applicants are often required to 

file multiple STAs for a single launch 

and the STAs expire after six months. 

STA requests are coordinated with 

NTIA manually, through email, whereas 

other non-Federal applications requiring 

coordination are processed through the 

Office of Engineering and Technology’s 

Frequency Assignment System 

(OFACS). In the NPRM, the Commission 

tentatively concluded that creating a 

non-Federal allocation for this band 

would be preferable to continuing to 

issue STAs on a launch-by-launch basis 

because licenses would better support 

the forecasted increased number of 

commercial launches in the future. 

Accordingly, in the NPRM the 

Commission invited comment on 

adopting such an allocation, as a first 

step towards establishing rules that 

would allow for issuing licenses to 

commercial launch operators to permit 

their use of this spectrum band on an 

interference-protected basis. 

5. Although commenters disagreed as 

to whether a non-Federal allocation is 

warranted or whether continued 

reliance on STAs is acceptable, all 

commenters agreed that access to this 

band for telemetry during launches is 

necessary. The Commercial Spaceflight 

Federation expressed the importance of 

access to this band on a co-primary 

basis for launch telemetry and pointed 

out that allocating spectrum even on a 

secondary basis can eliminate the 

unnecessary STA process. A coalition of 

several space launch providers asserted 

that they must make one or more 

requests for STAs for every launch and 

reentry because no spectrum is 

currently allocated for these purposes, 

even on a secondary basis. SpaceX 

supports the first proposal to add a 

footnote to the U.S. Table providing a 


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primary non-Federal allocation with the 

understanding that such a Table 

footnote is the legal equivalent of a 

Table allocation, while the Commercial 

Spaceflight Federation and XCOR have 

no preference between the two 

proposals. Blue Origin prefers adding a 

non-Federal co-primary allocation to the 

band. SpaceX states that it will need an 

additional 4 megahertz of bandwidth 

beyond what is provided in the 

proposals to support operations of its 

heavy lift launch vehicles. Orbital ATK 

favors adding non-Federal allocations in 

the band at 2225.5 MHz, 2241.5 MHz, 

2259.5 MHz, 2269.5 MHz, and 2288.5 

MHz. 

6. SpaceX states that the STA process 

is suboptimal as commercial space 

launches are occurring more frequently. 

SpaceX explains that the STA process 

creates significant business planning 

challenges due to the lack of certainty 

regarding approval timing as it relates to 

the scheduled launch date as well as the 

inherent uncertainty of non-interference 

status. Both SpaceX and the Commercial 

Spaceflight Federation note that 

applicants have no visibility into the 

coordination process. According to 

SpaceX, implementing the proposed 

allocation will streamline licensing, 

reduce the amount of required 

coordination, and provide greater 

certainty regarding approvals. Orbital 

Sciences (now Northrop Grumman) 

endorses the addition of a co-primary 

allocation to a subset of the frequencies 

in the relevant band to remedy the STA 

process shortcomings—notably, that 

communications can be interrupted at 

any time and that it takes a significant 

amount of time to obtain STAs. 

7. The Satellite Industry Association, 

Boeing, and Lockheed Martin argue that 

a non-Federal allocation in this band is 

unnecessary and that non-Federal 

launches currently enjoy de facto 

interference protection because they are 

coordinated with Federal frequency 

coordinators. Boeing claims that a nonFederal allocation will not simplify 

Federal coordination in these bands 

because non-Federal users will not be 

empowered to interfere with Federal 

users except to the extent coordinated 

with a Federal spectrum coordinator. 

Boeing suggests that once SpaceX gains 

experience with the current process, it 

will realize that the process provides 

reliable interference-free access to 

launch spectrum and that the current 

well-understood and effective system 

should not be abandoned without a 

clear, superior alternative. Boeing also 

suggests that, instead of adding a nonFederal allocation, the Commission 

could adopt a U.S. Table footnote that 

provides that non-Federal stations may 

access the spectrum for launch 

operations without an allocation under 

the condition they may not cause 

harmful interference to Federal stations. 

8. The Commission concludes that 

adopting a non-Federal secondary 

allocation for this band for use during 

commercial space launches will help 

meet the future needs of the growing 

commercial space industry. Adopting 

this new allocation is the first step in a 

process that will allow the Commission 

to adopt technical and other service 

rules to govern commercial launch 

operations which, in turn, will give 

operators more certainty with respect to 

spectrum use in these bands during 

commercial space launches. Access to 

spectrum under a more predictable, 

collaborative, and transparent regulatory 

process is important to the fledgling 

commercial space launch industry 

because of the large monetary 

investment required for each launch. By 

operating on a regular, licensed basis, 

commercial space operators will have 

certainty as to which frequency bands 

can be used for non-federal space 

launch operations, which will promote 

the advance planning and investment 

necessary for future space launch 

activities. Although there will be 

coordination with NTIA prior to each 

launch, the Commission will continue 

to work with NTIA to facilitate efforts to 

streamline the coordination process to 

further improve certainty with respect 

to spectrum access. The need for 

reliable access to launch spectrum is 

becoming even more important as 

commercial launch operators shift 

beyond cargo supply activities into 

manned space missions. SpaceX 

recently completed a successful manned 

mission to the ISS and Boeing is 

developing a craft to take people to the 

ISS. The Commission also notes that the 

current process of obtaining an STA 

places burdens on launch providers, 

which must prepare numerous 

duplicative applications. Significantly, 

SpaceX and Blue Origin, who have 

obtained dozens of STAs for spectrum 

in the 2200–2290 MHz band, favor an 

allocation in lieu of continued reliance 

on STAs. As the U.S. commercial space 

industry continues to expand, the 

Commission expect the burdens and 

uncertainties associated with continuing 

the current STA process would only 

increase. 

9. The Commission is not convinced 

by the claims of several commenters 

that there is no need for change because 

the current STA process provides de 

facto interference protection. While that 

may be the case today when there are 

still relatively few launches, there is no 

guarantee that the current approach is 

sustainable as the number of 

commercial launches increases. In 2012, 

there were only seven Federal Aviation 

Administration (FAA) licensed 

commercial launches; in 2020, there 

were 39 FAA-licensed commercial 

launches. The Commission expect that 

number will continue to increase. In 

addition, use of private spaceports 

located outside of the established 

Federal ranges do not fit the existing 

pattern the Commission has established 

for issuing STAs. Thus, as the space 

launch landscape continues to evolve, 

the current ad hoc experimental 

licensing approach based on uncertain 

temporary authorizations becomes 

increasingly risky. The Commission also 

does not believe it is necessary to delay 

adopting an allocation for the 2200– 

2290 MHz band because of the time that 

has passed since the NPRM as several 

commenters suggest. The NPRM clearly 

raised the issue of whether the 

Commission should adopt an allocation 

for this band as a first step toward 

adopting service rules. The current 

record, including the comments 

received in response to the NPRM and 

the more recent ex parte filings, along 

with our experience issuing 

experimental licenses demonstrate that 

taking this step is the best course of 

action. In fact, there is nothing to 

suggest that the issues commenters have 

raised regarding the current STA 

process have changed and our 

experience over the past eight years 

only further supports the need for a 

non-Federal allocation for this band. 

10. Adopting a non-Federal Space 

Operation allocation for the 2200–2290 

MHz band will allow us to develop 

rules that meet the specific needs of the 

commercial space industry, rather than 

trying to stretch the experimental rules 

to meet these unique needs. There are 

several reasons for this. First, because 

the dynamics for frequency use during 

launch activities are now well 

established, they are no longer 

considered truly experimental and 

should be transitioned to a set of 

permanent rules to bring certainty to the 

process. Second, because of the nature 

of experimentation, which often 

involves transmitters that have not gone 

through the equipment approval 

process, the rules governing 

experimental use do not provide any 

long term sustainability or interference 

protection from allocated services. 

Third, the Commission finds that 

carving out a specific exemption from 

our experimental rules to provide 

interference protection for launch 

activities—as requested by Boeing, 

Lockheed Martin, and the Satellite 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33905 

Industry Association—could create 

confusion among licensees and is an 

inferior solution compared to providing 

an allocation and adopting service rules. 

Fourth, because the experimental rules 

are not intended to cover long-term 

commercial enterprises and STAs are 

limited by the Communications Act to 

periods of no more than 180 days, they 

are not suited to covering multiple 

launches over time. Thus, the current 

STA process cannot accommodate 

multiple launches over extended time 

periods as requested by Boeing, SpaceX, 

and Orbital ATK. 

11. As advised by NTIA, the 

Commission is adopting a secondary 

Space Operation service allocation for 

the 2200–2290 MHz band rather than 

the primary allocation proposed in the 

NPRM. Given that the use of this band 

necessitates close coordination with 

NTIA, adopting a secondary allocation 

for this band would accomplish many of 

the goals the Commission sought to 

achieve with the proposed primary 

allocation. With a secondary allocation, 

the Commission will be able to adopt 

service rules for use of the band and 

issue spectrum authorizations for space 

launch operations. This will reduce the 

uncertainty of the launch-by-launch 

STA process and provide well-defined 

technical rules that licensees can design 

their equipment to comply with. While 

individual launches will still need to be 

coordinated, once the service rules are 

adopted and applicants will no longer 

have to apply for STAs for each launch, 

a streamlined process that will save 

time and effort on the part of space 

launch operators, NTIA, and the 

Commission will be more achievable. 

The Commission notes that even if it 

had adopted a primary non-Federal 

allocation for this band, individual 

launches would still have needed to be 

coordinated because of the heavy 

existing Federal use of the band. Several 

commenters advocate adoption of a 

primary allocation claiming that it will 

lead to streamlined licensing, eliminate 

repeated licensing work, require less 

coordination, and provide greater 

certainty with respect to approvals. The 

service rules the Commission will be 

able to adopt under a secondary 

allocation should be able to provide 

these benefits to the same extent as rules 

adopted under a primary allocation. The 

Commission defers further 

consideration of adopting a primary 

allocation for this band to the Further 

Notice of Proposed Rulemaking 

(FNPRM) published June 10, 2021 (86 

FR 30860). 

12. The Commission believes that 

providing access to the spectrum by 

adding a footnote to the U.S. Table is a 

better alternative than establishing an 

allocation in the U.S. Table for these 

bands. Adding a footnote instead of 

establishing an allocation is consistent 

with existing precedent that an 

allocation that is lightly used or highly 

restricted is implemented by using a 

footnote rather than placing in the U.S. 

Table. In this case, use of the band will 

continue to be restricted even as the 

U.S. commercial space industry 

continues to grow because of the need 

to coordinate with the Federal 

operations in the band. The Commission 

notes that either a direct table entry or 

footnote entry will provide future space 

operations licensees with equivalent 

status in the band. 

13. Hence, the Commission is 

implementing this secondary nonFederal Space Operation allocation by 

adding a footnote (US96) to the 2200– 

2290 MHz band in the U.S. Table. This 

footnote limits use of the allocation to 

use during pre-launch testing and 

during space launch operations; 

requires coordination with NTIA prior 

to each launch; and limits non-Federal 

use to the 2208.5–2213.5 MHz, 2212.5– 

2217.5 MHz, 2270–2275 MHz, and 

2285–2290 MHz portions of the 2200– 

2290 MHz band. The limitation to use 

during pre-launch testing and space 

launches is consistent with NTIA’s 

advisement as well as the proposal in 

the NPRM. Despite this limitation, the 

current use of the space operation 

allocation to enable access to TDRSS 

will continue to be permitted on a noninterference basis under the current 

allocation. The requirement that the 

channel assignments be coordinated 

with NTIA was proposed in the NPRM 

and is necessary because of the existing 

Federal use of the band. 

14. The limitation on non-Federal use 

of the band to the 2208.5–2213.5 MHz, 

2212.5–2217.5 MHz, 2270–2275 MHz, 

and 2285–2290 MHz portions of the 

band was requested by NTIA. The 

NPRM proposed that non-Federal use of 

the band be restricted to a slightly 

different set of subbands: 2207–2219 

MHz, 2270.5–2274.5 MHz, and 2285– 

2290 MHz. SpaceX has indicated that its 

recent launches have used a set of 

frequencies that differ both from what 

was proposed in the NPRM and what is 

requested by NTIA. Blue Origin states 

that it has used two frequencies that 

match NTIA’s request and two that are 

different. Boeing suggests that the 

Commission avoid identifying discrete 

portions of the 2200–2290 MHz band as 

available for non-Federal launches as 

non-Federal and Federal launch 

vehicles must be interoperable. The 

Commission identifies the four portions 

of the 2200–2290 MHz band for nonFederal use, as specified by NTIA, but 

proposes in the FNPRM that the 

Commission consider extending the 

secondary allocation to the full 90 

megahertz. The Commission also notes 

that until service rules are adopted, nonFederal use of even the four subbands 

will continue to require an STA. The 

Commission notes that launches 

precipitated by successful coordination 

with NTIA have been conducted using 

this spectrum for many decades. The 

Commission sees no indication that this 

legacy of successful coexistence 

between launch operations and Federal 

users cannot continue to thrive under 

the allocation the Commission adopts 

today. 

15. In addition, the Commission will 

not add developmental testing to the 

permitted uses of the Space Operations 

allocation, as requested by SpaceX and 

the Commercial Spaceflight Federation. 

As SpaceX admits, developmental 

testing is relatively infrequent and likely 

to occur at only a few discrete locations. 

Such testing can, and should, be 

conducted under Part 5 experimental 

licenses. 

16. When the Commission proposed 

allocating the three band segments in 

the 2200–2290 MHz band for 

commercial launch operations, the 

Commission also invited comment on 

whether the spectrum in those band 

segments would be sufficient to support 

the expected growth of the commercial 

launch industry. In its comments, 

SpaceX requests that the Commission 

expand the lower sub-band proposed in 

the NPRM by 4 megahertz to meet the 

needs of future launches—i.e., establish 

a 16 megahertz (2205–2221 MHz) band 

segment. While the Commission is 

cognizant that as launch technology 

continues to develop there may be a 

need for greater amounts of telemetry 

data which will require wider 

bandwidths, the Commission declines 

to expand the band segments available 

for telemetry beyond those bands 

specified in the previous two 

paragraphs. Instead, the Commission 

believes any need for wider bandwidths 

can be adequately met on a case-by-case 

basis using the STA process. 

17. Adopting a non-Federal allocation 

for the 2200–2290 MHz band, however, 

is only a first step in providing licenses 

for commercial launch operations. In 

the FNPRM, the Commission proposes 

non-Federal allocations for three more 

bands and the Commission seeks 

comment on appropriate service rules 

for each band that will enable spectrum 

sharing between Federal users and 

commercial space operators. The 

Commission fully intends that the 

important Federal operations in these 


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33906 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

bands will be protected when 

introducing a new licensing regime to 

accommodate existing and future nonFederal launch activities. Until service 

rules for these bands are adopted, the 

Commission will continue to accept and 

process STA applications to approve 

and authorize commercial space launch 

activities. A separate STA will continue 

to be required for each launch and the 

Commission will coordinate these STAs 

with NTIA prior to each launch. 

18. Use of spectrum other than 2200– 

2290 MHz for launch telemetry. The 

NPRM pointed out that three 

frequencies in the 2360–2395 MHz band 

are ‘‘available for both Federal and nonFederal use for telemetry and 

telecommand of launch and reentry 

vehicles.’’ The NPRM sought comment 

on the use of these and other 

frequencies as an alternative to the 

2200–2290 MHz band for 

communications during launches. The 

NPRM also noted that the 2360–2395 

MHz band is primarily used for 

aeronautical telemetry and 

telecommand operations for flight 

testing of aircraft and missiles and 

sought comment on whether the current 

and expected future use of the 2360– 

2395 MHz band for aeronautical 

telemetry for flight testing make it 

unsuitable for communications 

associated with launch activity. SpaceX, 

the Aerospace Industries Association, 

Boeing, the New Mexico Spaceport 

Authority, and the Commercial 

Spaceflight Federation assert that the 

2360–2395 MHz band is not an 

appropriate alternative for telemetry 

because of the additional cost of 

supporting different frequency bands 

depending on whether a launch is 

Federal or non-Federal. Orbital ATK 

claims that using this band would 

require the Federal launch ranges to 

modify their equipment and would 

require Orbital ATK to replace radios 

costing millions of dollars. The 

Aerospace and Flight Test Radio 

Coordinating Council (AFTRCC) 

questions whether there is a demand for 

the frequencies in the 2360–2395 MHz 

band for launch telemetry, and it notes 

that the spectrum requirements for flight 

test in the band have changed 

dramatically since frequencies in the 

band were made available for space 

launch telemetry. The Commercial 

Spaceflight Federation supports keeping 

the 2360–2395 MHz band available for 

space launch telemetry as an alternative 

to 2200–2290 MHz, rather than as a 

replacement. Blue Origin views use of 

the 2360–2395 MHz band as an addition 

to the 2200–2290 MHz band and states 

that it would evaluate use of the band 

for future architectures that require 

additional transmitters. However, 

XCOR, which does support adding an 

allocation to 2200–2290 MHz, strongly 

encourages use of the 2360–2395 MHz 

band for commercial launch 

requirements because it would be able 

to use the same antenna for the nearby 

2312.5 and 2352.5 MHz frequencies that 

it has been examining for telemetry use. 

In the FNPRM, the Commission seeks 

comment on the technology 

development for the 2360–2395 MHz 

band. 

19. The Commission concludes based 

on the record that other bands are not 

suitable alternatives to the 2200–2290 

MHz band for telemetry to support 

space launch operations. No 

commenters supported use of 2360– 

2395 MHz as a replacement for the 

2200–2290 MHz band. The increasing 

use of the 2200–2290 MHz band for 

space launch telemetry justifies the 

allocation the Commission is adopting. 

Allowing access to the 2200–2290 MHz 

band for commercial space launches 

will allow space launch providers to 

benefit from the economies of scale 

inherent from using the same radio 

systems for both Federal agencies and 

commercial customers. Requiring 

commercial space launches to use 

another band, such as 2360–2395 MHz, 

would require space launch providers to 

develop separate communications 

systems for use depending on whether 

the space launch operation they are 

conducting is considered a Federal or 

non-Federal launch. Such an approach 

would impose considerable burden on 

the nascent commercial space launch 

industry, undermining the United 

States’ leadership on space-based 

services. 

20. No Restriction to use at Federal 

Ranges. The NPRM proposed restricting 

the non-Federal Space Operation 

allocation for the 2200–2290 MHz band 

to use at Federal ranges. Federal ranges 

are designated areas over which rocket 

and missile launches occur. These 

ranges are typically located over 

sparsely populated areas or over the 

ocean, and they have a designated 

launch site and associated radar 

tracking facilities. This proposal would 

limit use of the allocation to Federal 

launch ranges, such as the eastern range, 

which extends eastward over the 

Atlantic Ocean from Cape Canaveral. 

The NPRM stated that this restriction 

would limit the potential for 

interference to Federal operations to a 

few locations, and it asked whether this 

restriction would unduly limit the 

growth of the commercial space launch 

industry. 

21. All industry commenters who 

addressed this issue opposed the 

restriction to Federal launch ranges. The 

New Mexico Spaceport Authority is 

concerned that this restriction may 

prevent access to spectrum for launches 

at FAA-licensed commercial launch 

sites and argues that limiting use of this 

band to Federal ranges would be 

inconsistent with the National Space 

Policy. SpaceX claims to be pursuing a 

launch site that is not in a Federal 

range. The New Mexico Spaceport 

Authority and SpaceX suggest 

permitting use of the spectrum at both 

Federal ranges and FAA-licensed 

launch sites. Blue Origin would not be 

able to operate its New Shepard launch 

vehicle in its current configuration with 

the Federal range limitation, because it 

launches from a private site in West 

Texas that is not an FAA-licensed 

launch site and is not co-located with a 

Federal range. NTIA has requested that 

non-Federal use of the 2200–2290 MHz 

band be limited to use during space 

launches and pre-launch testing at 

Federal ranges and FAA-licensed 

launch sites. 

22. The Commission will not restrict 

the locations where the new nonFederal allocation for the 2200–2290 

MHz band may be used. The 

Commission recognizes that as the 

commercial space industry continues to 

develop, launches will likely not be 

limited to Federal ranges, and, 

consequently, the Commission does not 

believe it would be in the public interest 

to limit future non-Federal space launch 

operations to Federal ranges. The 

Commission also will not adopt the 

alternative suggested by NTIA and some 

commenters that the Commission limit 

use of this non-Federal allocation to 

FAA-licensed launch sites. As the FAA 

does not require that all launches be 

conducted at locations where it has 

issued a launch site license, restricting 

use of the allocation to launches at 

FAA-licensed launch sites would 

prevent some launch providers from 

obtaining a license for this spectrum 

band. Regardless of where a launch 

occurs, the Commission will require 

coordination with NTIA. However, 

because of the expense involved in 

constructing a launch site and the need 

to conduct launches at remote locations 

because of safety concerns, the 

Commission expects the number of 

locations where launches will occur to 

remain small. Consequently, our 

decision should not significantly 

increase the burden on NTIA and 

Federal agency coordinators. 

23. 420–430 MHz and 5650–5925 MHz 

Bands. The NPRM also proposed new 

non-Federal allocations for the 420–430 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33907 

MHz and 5650–5925 MHz bands. 

However, in recent ex parte 

submissions, several commercial space 

launch providers have indicated that 

they do not use either of these bands for 

their operations. The Commission has 

never granted an STA for the 420–430 

MHz band for space launches. In the 

past several years only one operator has 

obtained STAs for a small number of 

launches for the 5650–5925 MHz band. 

Given the limited current use of these 

bands during space launches, the 

Commission is not convinced that there 

is need for new allocations for either 

band. Instead, the Commission seeks 

further comment on these proposed 

allocations in the accompanying 

FNPRM to determine the current need 

for these allocations. 

24. Non-Federal Launch Definition. 

The NPRM recognized that there can be 

confusion when trying to determine 

whether launch activity spectrum access 

requires authorization from NTIA or a 

license from the Commission. Under the 

Communications Act, the Commission 

has authority to issue licenses for radio 

stations except those ‘‘belonging to and 

operated by the United States.’’ The 

NPRM sought comment on how to 

determine whether a given launch is 

non-Federal or Federal for licensing 

purposes. It asked whether factors such 

as the nature of the payload, the 

location of the launch, the provider of 

the launch vehicle, and FAA 

classification of the launch as 

commercial should be considered in 

making this determination. 

25. All commenters addressing this 

issue urge the Commission to consider 

all launches licensed by the FAA to be 

non-Federal. SpaceX claims that none of 

the factors listed in the NPRM are 

conclusive and that relying on FAA 

licensing provides the most predictable 

standard. Boeing and the Satellite 

Industry Association both point out the 

similarity between language in the NTIA 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual or 

Redbook), focusing on who has 

‘‘effective control’’ of the radio 

equipment, and the Commercial Space 

Launch Act’s definition of a commercial 

launch provider, which focuses on who 

has ‘‘primary control’’ of the launch. 

The Aerospace Industries Association 

goes further by suggesting that the 

Commission not require any additional 

licensing for launches not licensed by 

the FAA. 

26. A threshold issue for deciding 

whether a Commission license is 

required is the Communications Act’s 

provision excluding radio stations 

‘‘belonging to and operated by the 

United States’’ from the Commission’s 

jurisdiction. If radio equipment used 

during a launch both belongs to and is 

operated by the United States 

Government, no Commission license is 

necessary. Otherwise, a Commission 

license is required. While launches that 

require FAA licensing might be 

expected to involve operation of nonFederal stations and require a 

Commission license, our jurisdiction is 

defined in the Communications Act. 

The key determination under the 

Communications Act is whether the 

radio equipment at issue belongs to and 

is operated by the United States 

Government. Consistent with the 

Communications Act, all radio 

equipment supporting space launches 

require a Commission license or 

authorization prior to transmitting, 

unless such equipment ‘‘belong[s] to 

and [is] operated by the United States 

[Government].’’ 

27. Orbital Debris Mitigation. Two 

commenters addressed the issue of 

orbital debris mitigation. XCOR 

maintains that orbital debris mitigation 

associated with launch and reentry 

operations is the responsibility of the 

Secretary of Transportation, and that 

this responsibility has been delegated to 

the FAA. SpaceX also encourages the 

Commission to defer to the FAA 

regarding orbital debris matters for 

commercial space transportation 

activities when it develops service rules 

following this rulemaking. In light of the 

Commission’s ongoing proceeding 

regarding orbital debris, the 

Commission will not address orbital 

debris mitigation in this proceeding, but 

any rules adopted in that context may 

be applicable to space launch 

operations. 

28. Regulatory Flexibility Analysis. 

The Regulatory Flexibility Act of 1980, 

as amended (RFA) requires that an 

agency prepare a regulatory flexibility 

analysis for notice and comment 

rulemakings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Notice of Proposed Rulemaking (NPRM) 

released in May 2013. The Commission 

sought written public comment on the 

proposals in the NPRM, including 

comments on the IRFA. No comments 

were filed addressing the IRFA. A Final 

Regulatory Flexibility Analysis (FRFA) 

that conforms to the RFA was prepared 

and included in Appendix B of the 

Report and Order. 

29. Paperwork Reduction Act 

Analysis. This Report and Order does 

not contain new or modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified information 

collection burden for small business 

concerns with fewer than 25 employees, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

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

30. The Commission has determined, 

and the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report & Order to 

Congress and the Government 

Accountability Office pursuant to 5 

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

31. Accordingly, it is ordered that, 

pursuant to sections 1, 2, 4(i), 5(c), 301, 

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

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

155(c), 301, 303(c), 303(f), and 303(r), 

and section 1.411 of the Commission’s 

rules, 47 CFR 1.411, this Report and 

Order and Further Notice of Proposed 

Rulemaking is hereby adopted. 

32. It is further ordered that the 

amendments of Part 2 of the 

Commission’s rules, as set forth in 

Appendix A, are adopted, effective 

thirty (30) days after publication in the 

Federal Register. 

33. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order and Further 

Notice of Proposed Rulemaking, 

including the Final and Initial 

Regulatory Flexibility Analyses, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

34. It is further ordered that the 

Commission shall send a copy of this 

Report and Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Parts 2 

Communications equipment, Radio, 

Telecommunications. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 


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33908 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

Commission amends 47 CFR part 2 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: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Amend § 2.106, the Table of 

Frequency Allocations, as follows: 

■ a. Revise page 37. 

■ b. In the list of United States (US) 

Footnotes, add footnote US96 in 

numerical order. 

The revision and addition read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

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ER28JN21.002</GPH>khammond on DSKJM1Z7X2PROD with RULES

Table of Frequency Allocations 2110-2483.5 MHz (UHF) 

International Table United States Table 

Region 1 Table Reg ion 2 Table Region 3 Table Federal Table Non-Federal Table 

2110-2120 2110-2120 2110-2120 

FIXED FIXED 

MOBILE 5.388A 5.388B MOBILE 

SPACE RESEARCH (deep space) (Earth-to-space) 

5.388 US252 US252 

2120-2170 2120-2160 2120-2170 2120-2200 2120-2180 

FIXED FIXED FIXED FIXED 

MOBILE 5.388A 5.388B MOBILE 5.388A 5.388B MOBILE 5.388A 5.388B MOBILE 

Mobile-satellite (space-to-Earth) 

5.388 

2160-2170 

FIXED 

MOBILE MOBILE-SATELLITE (space-to-Earth) 

5.388 5.388 5.389C 5.389E 5.388 

2170-2200 NG41 

FIXED 2180-2200 

MOBILE FIXED MOBILE-SATELLITE (space-to-Earth) 5.351A MOBILE 

5.388 5.389A 5.389F MOBILE-SATELLITE (s

2200-2290 2200-2290 2200-2290 

SPACE OPERATION (space-to-Earth} (space-to-space) SPACE OPERATION (space-to-Earth) 

EARTH EXPLORA Tl ON-SATELLITE (space-to-Earth) (space-to-space) (space-to-space) US96 

FIXED EARTH EXPLORATION-SATELLITE 

MOBILE 5.391 (space-to-Earth) (space-to-space) 

SPACE RESEARCH (space-to-Earth} (space-to-space) FIXED (line-of-sight only} MOBILE (line-of-sight only including 

aeronautical telemetry, but excluding 

flight testing of manned aircraft) 5.391 

SPACE RESEARCH (space-to-Earth) 

(space-to-space) 

5.392 5.392 US303 US96 US303 

2290-2300 2290-2300 2290-2300 

FIXED FIXED SPACE RESEARCH (de

MOBILE except aeronautical mobile MOBILE except aeronautical mobile (space-to-Earth) 

SPACE RESEARCH (deep space) (space-to-Earth) SPACE RESEARCH (deep space) (space-to-Earth} 

2300-2450 2300-2450 2300-2305 2300-2305 

FIXED FIXED G122 Amateur 

MOBILE 5.384A MOBILE 5.384A 

Amateur RADIOLOCATION 2305-2310 2305-2310 

Radio location Amateur FIXED 

MOBILE except aeronaRADIOLOCATION 

Amateur 

US97 G122 US97 
33910 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

* * * * * 

United States (US) Footnotes 

* * * * * 

US96 The band 2200–2290 MHz is 

allocated to the space operation service 

(space-to-Earth) on a secondary basis for 

non-Federal use subject to the following 

conditions. Non-Federal stations shall 

be: 

(a) Restricted to transmissions from 

the launch vehicle in the sub-bands 

2208.5–2213.5 MHz, 2212.5–2217.5 

MHz, 2270–2275 MHz, and 2285–2290 

MHz (necessary bandwidth shall be 

contained within these ranges); 

(b) Restricted to use for pre-launch 

testing and space launch operations, 

except as provided under US303; and 

(c) Subject to coordination with NTIA 

prior to each launch. 

* * * * * 

[FR Doc. 2021–13685 Filed 6–25–21; 8:45 am] 

BILLING CODE 6712–01–C 

DEPARTMENT OF STATE 

48 CFR Parts 636, 637, and 652 

[Public Notice: 10531] 

RIN 1400–AE04 

Department of State Acquisition 

Regulation; Safety Requirements 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

(DOS) is adopting as final an interim 

rule amending the Department of State 

Acquisition Regulation (DOSAR) to 

provide new guidance prescribing more 

stringent safety requirements for certain 

overseas construction and services 

projects. 

DATES: This final rule is effective on 

June 28, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tandra Jones, Office of the Procurement 

Executive, A/OPE, 1735 North Lynn 

Street, Room 442, Arlington VA 22209. 

Telephone 703–875–6643. 

SUPPLEMENTARY INFORMATION: The 

Department of State published an 

Interim Rule, Public Notice 9703, at 82 

FR 58351, on December 12, 2017, with 

a request for comments. The comment 

period closed February 12, 2018. No 

comments on the rule were received. 

Regulatory Findings 

Administrative Procedure Act 

In accordance with 5 U.S.C. 553(a)(2), 

which exempts from the Administrative 

Procedure Act matters relating to 

contracts, the Department published 

this rulemaking as an interim final rule, 

and provided 60 days for public 

comment. 

Regulatory Flexibility Act 

This rulemaking is not a ‘‘rule’’ as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.); therefore, that 

Act does not apply to it. However, the 

Department of State has reviewed this 

regulation and, by approving it, certifies 

that it will not have a significant 

economic impact on a substantial 

number of small entities. This 

determination was based on the fact that 

few of the DOS overseas construction 

contracts are performed by small 

business concerns. In FY 2015, only 19 

of the 161 DOS overseas construction 

contractors to which this would apply 

were small business concerns. 

Unfunded Mandates Act of 1995 

This final rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by the Small Business 

Regulatory Enforcement Act of 1996 (5 

U.S.C. 801 et seq.). This rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

import markets. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

E.O. 13563 emphasizes the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Department has reviewed the 

regulation to ensure its consistency with 

the regulatory philosophy and 

principles set forth in the Executive 

Orders and finds that the benefits of this 

rule outweigh any costs, which the 

Department assesses to be minimal. This 

interim final rule is not subject to the 

requirements of Executive Order 13771 

because this final rule has been 

determined to be non-significant within 

the meaning of the Executive Order 

12866. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This final rule does not impose or 

modify any information collections 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35). The 

information collection related to this 

rulemaking has been assigned OMB 

Control Number 1405–0050. 

List of Subjects in 48 CFR Parts 636, 

637 and 652 

Government procurement. 

■ Accordingly, the interim rule 

amending 48 CFR parts 636, 637 and 

652 that was published at 82 FR 58351, 

on December 12, 2017, is adopted as a 

final rule without change. 

Zachary A. Parker, 

Director, U.S. Department of State. 

[FR Doc. 2021–13739 Filed 6–25–21; 8:45 am] 

BILLING CODE 4710–24–P 


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