31582 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules

inundated or contaminated areas and

temporary loss of function. This upland

portion included mitigation at a ratio of

2:1 for the permanently inundated areas

in the East Marsh plus an additional 1:1

compensation for natural resource

damage agreed to in negotiations with

the FDEP.

The Site’s post-soil treatment

groundwater was monitored on four

occasions, in order to determine

whether the groundwater treatment

component of the ROD would need to

be implemented. These results indicated

that further groundwater recovery and

treatment would not be necessary.

Due to the treatment of contaminated

soil and sediment, hazardous substances

have been immobilized, allowing for

unlimited use of part of the Site.

Excluded from unlimited use are the

areas of the treated soil and the

remediated wetlands, which are the

subject of a conservation easement. In

order to confirm that the Site is

protective of public health and the

environment, limited maintenance of

the solidified monolith will be required,

as well as Five Year Reviews.

EPA, with concurrence of FDEP, has

determined that all appropriate actions

at the Schuylkill Metals Corporation

Site have been completed, and no

further remedial action is necessary.

Therefore, EPA is proposing deletion of

the Site from the NPL.

Dated: March 26, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–14470 Filed 6–11–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6964–5]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent for partial

deletion of the Tobyhanna Army Depot

Site from the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 3 announces its

intent to delete a portion of the

Tobyhanna Army Depot Site, located in

Monroe County, Pennsylvania, from the

National Priorities List (NPL) and

requests public comment on this action.

The NPL constitutes Appendix B to the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40

CFR part 300, which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA). This partial deletion for

the Tobyhanna Army Depot Site is

proposed in accordance with 40 CFR

300.425(e) and the Notice of Policy

Change: Partial Deletion of Sites Listed

on the National Priorities List. 60 FR

55466 (Nov. 1, 1995).

This proposal for partial deletion

pertains to all portions of the

Tobyhanna Army Depot Site except for

contaminated groundwater plumes at

Operable Units 1 and 5 (OU1 and OU5)

[Excluded Areas], which are undergoing

natural attention and long-term

monitoring. These Excluded Areas will

remain on the NPL until the

performance standards specified in the

Records of Decision are met. EPA bases

its partial deletion proposal on the

determination by EPA, the Army, and

the Pennsylvania Department of

Environmental Protection that all

appropriate actions under CERCLA have

been completed to protect human

health, welfare and the environment.

DATES: EPA will accept comments

concerning its proposal for partial

deletion for thirty (30) days after

publication of this document in the

Federal Register and a local newspaper

of record (the Pocono Record).

ADDRESSES: Comments may be mailed to

Lorie Baker, Superfund Site Manager,

U.S. EPA, Region 3 (3HS34), 1650 Arch

Street, Philadelphia, PA, 19103;

PHONE: 215–814–3355; FAX: 215–814–

3001; EMAIL:

baker.lorie@epamail.epa.gov.

Information Repositories:

Comprehensive information on the

Tobyhanna Army Depot Site as well as

the Deletion Docket is available for

review at the following two information

repository locations:

Coolbaugh Township Municipal

Building, Route 611, Tobyhanna, PA

18466. The Coolbaugh Township office

hours are 8 a.m. to 4:30 p.m., Monday–

Friday. The telephone number is (570)

984–8490.

Tobyhanna Army Depot, Public

Affairs Office, 11 Hap Arnold

Boulevard, Tobyhanna, PA 18466–5076.

The Public Affairs Office hours are 7:30

a.m. to 4 p.m., Monday–Friday. The

telephone number is (570) 895–6552.

The Deletion Docket is also available

for review at the U.S. EPA Region 3

Regional Center for Environmental

Information (RCEI), 1650 Arch Street

(3PM52), Philadelphia, PA 19103–2029.

The RCEI office hours are 8 a.m. to 5

p.m., Monday–Friday. The telephone

number is (215) 814–5254.

FOR FURTHER INFORMATION CONTACT:

Lorie Baker, U.S. EPA, Region 3

(3HS34), 1650 Arch Street,

Philadelphia, PA 19103; PHONE: 215–

814–3355; FAX: 215–814–3001; EMAIL:

baker.lorie@epamail.epa.gov

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

I. Introduction

The United States Environmental

Protection Agency (EPA) Region 3

announces its intent to delete a portion

of the Tobyhanna Army Depot Site,

located in Monroe County,

Pennsylvania, from the National

Priorities List (NPL), which constitutes

Appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300, and requests comments on this

proposal. This proposal for partial

deletion pertains to all portions of the

Tobyhanna Army Depot Site except for

contaminated groundwater plumes at

Operable Units 1 and 5 (OU1 and OU5)

[Excluded Areas], which are undergoing

natural attenuation and long-term

monitoring. These Excluded Areas will

remain on the NPL until the

performance standards specified in the

Records of Decision are met. EPA

proposes to delete the Tobyhanna Army

Depot Site except for the Excluded

Areas as defined above because all

appropriate CERCLA response activities

have been completed in those areas.

The NPL is a list maintained by EPA

of sites that EPA has determined present

a significant risk to human health,

welfare, or the environment. Pursuant to

40 CFR 300.425(e) of the NCP, any site

or portion of a site deleted from the NPL

remains eligible for remedial actions if

conditions at the site warrant such

action.

EPA will accept comments

concerning its intent for partial deletion

for thirty (30) days after publication of

this notice in the Federal Register and

a newspaper of record.

II. NPL Deletion Criteria

The NCP establishes the criteria that

EPA uses to delete sites from the NPL.

In accordance with 40 CFR 300.425(e),

sites may be deleted from the NPL

where no further response is

appropriate to protect human health or

the environment. In making such a

determination pursuant to 40 CFR

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules 31583

300.425(e), EPA will consider, in

consultation with the State, whether any

of the following criteria have been met:

Section 300.425(e)(1)(i): Responsible

parties or other persons have

implemented all appropriate response

actions required; or Section

300.425(e)(1)(ii): All appropriate Fundfinanced response under CERCLA has

been implemented, and no further

response action by responsible parties is

appropriate; or Section

300.425(e)(1)(iii): The remedial

investigation has shown that the release

poses no significant threat to human

health or the environment and,

therefore, taking of remedial measures is

not appropriate.

Deletion of a portion of a site from the

NPL does not preclude eligibility for

subsequent Fund-financed actions at the

area deleted if future site conditions

warrant such actions. Section

300.425(e)(3) of the NCP provides that

Fund-financed actions may be taken at

sites that have been deleted from the

NPL. A partial deletion of a site from the

NPL does not affect or impede EPA’s

ability to conduct CERCLA response

activities at areas not deleted and

remaining on the NPL. In addition,

deletion of a portion of a site from the

NPL does not affect the liability of

responsible parties or impede agency

efforts to recover costs associated with

response efforts.

III. Deletion Procedures

Deletion of a portion of a site from the

NPL does not itself create, alter, or

revoke any person’s rights or

obligations. The NPL is designed

primarily for informational purposes

and to assist Agency management. The

following procedures were used for the

proposed deletion of the Tobyhanna

Army Depot site:

(1) EPA has recommended the partial

deletion and has prepared the relevant

documents.

(2) The Commonwealth of

Pennsylvania through the Pennsylvania

Department of Environmental Protection

concurs with this partial deletion.

(3) Concurrent with this national

Notice of Intent for Partial Deletion, a

notice has been published in a

newspaper of record and has been

distributed to appropriate federal, State,

and local officials, and other interested

parties. These notices announce a thirty

(30) day public comment period on the

deletion package, which commences on

the date of publication of this notice in

the Federal Register and a newspaper of

record.

(4) EPA has made all relevant

documents available at the information

repositories listed previously.

This Federal Register document, and

a concurrent notice in a newspaper of

record, announces the initiation of a

thirty (30) day public comment period

and the availability of the Notice of

Intent for Partial Deletion. The public is

asked to comment on EPA’s proposal to

delete a portion of the Tobyhanna Army

Depot site from the NPL. All critical

documents needed to evaluate EPA’s

decision are included in the Deletion

Docket and are available for review at

the aforementioned information

repositories.

Upon completion of the thirty (30)

day public comment period, EPA will

evaluate all comments received before

issuing the final decision on the partial

deletion. EPA will prepare a

Responsiveness Summary for comments

received during the public comment

period and will address concerns

presented in the comments. The

Responsiveness Summary will be made

available to the public at the

information repositories listed

previously. Members of the public are

encouraged to contact EPA Region 3 to

obtain a copy of the Responsiveness

Summary. If, after review of all public

comments, EPA determines that the

partial deletion from the NPL is

appropriate, EPA will publish a final

notice of partial deletion in the Federal

Register. The partial deletion does not

actually occur until the final Notice of

Partial Deletion is published in the

Federal Register.

IV. Basis for Intended Partial Site

Deletion

The following provides EPA’s

rationale for deletion of the Tobyhanna

Army Depot (TYAD) site, except for the

Excluded Areas, from the NPL and

EPA’s finding that the criteria in 40 CFR

300.425(e) are satisfied.

Background

TYAD is located in the Pocono

Mountains of northeastern

Pennsylvania, approximately 20 miles

southeast of Scranton, PA, in Coolbaugh

Township, Monroe County. The

installation covers approximately 2.2

square miles, measuring 1.6 miles east

to west and 2.2 miles north to south at

the widest point. The area surrounding

TYAD is rural with the village of

Tobyhanna bordering the installation at

the southeast corner. Tobyhanna State

Park and Gouldsboro State Park are

adjacent to the installation on the

northeast and northwest sides,

respectively. Tobyhanna was

established when the United States

purchased 33 square miles of land in

1909. Tobyhanna was primarily used for

machine gun and field artillery training

beginning in 1913, and as an ambulance

and tank regiment training center and

an ordnance storage depot during World

War I. Tobyhanna was inactive until

1932, except for Army and National

Guard Field Artillery training. From

1932 to 1938, Tobyhanna was a

Conservation Corps camp area, and from

1938 to 1941, Tobyhanna, was used by

West Point cadets for field artillery

training. In 1942, Tobyhanna was

reactivated and converted for storage

and supply uses. Tobyhanna artillery

ranges were deactivated in 1946. In

1949, the Commonwealth of

Pennsylvania purchased approximately

21,000 acres from the United States, and

in 1952, approximately 1,293 acres were

deeded back to the United States

government for the modern depot

construction in 1953. Tobyhanna is

currently a communication-electronics

maintenance and supply depot. On

August 30, 1990 (55 FR 35502),

Tobyhanna was added to the National

Priorities List due to the discovery of

groundwater contaminated with

elevated levels of volatile organic

compounds. The contaminated

groundwater was affecting one of the

Tobyhanna Army Depot drinking water

supply wells in addition to several

nearby residential wells. The

Department of the Army is considered

the lead agency.

Tobyhanna Army Depot has five

Operable Units: OU1 (Areas A and B),

OU2 (Former PCB Transformer Area),

OU3 (Former Hazardous Waste Storage

Areas), OU4 (Powder Ridge UXO Area),

and OU5 (Inactive Sanitary Landfill). In

addition to the OUs, the Army also

investigated fifty-eight (58) additional

potential areas of concern (AOCs)

identified in the November 1990

Tobyhanna site-specific Federal Facility

Agreement (FFA), all of which have

since been formally closed out and

require no further action. These

determinations were documented in

three AOC Closeout Documents in 1998,

1999, and 2000. Therefore, no further

CERCLA investigations or response

actions are planned or anticipated.

Long-term CERCLA and RCRA

operation and maintenance (O&M)

monitoring activities and five-year

reviews will continue.

Remedial Action

A Record of Decision (ROD) for OU1

was signed on September 30, 1997. OU1

consists of a former burning area and a

former hazardous waste staging area that

resulted in volatile organic compounds

(VOCs) leaching into the groundwater

and contaminating several off-base

private wells. The Army began

supplying bottled water to the affected

31584 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules

residences in 1987, and in 1991,

connected the residences to the Depot

water supply. In 1996, the Army

excavated the source material and

surrounding soils as a Removal Action.

The OU1 remedy consists of monitored

natural attenuation and institutional

controls (ICs). The Army monitors

groundwater on a semi-annual basis,

and VOC concentrations continue to

decrease. The ICs will limit future use

of the groundwater while contaminants

remain above Maximum Containment

Levels (MCLs) promulgated under the

Safe Drinking Water Act, which are the

performance standards as identified in

the ROD. The expected duration of the

monitored natural attenuation remedy is

fifteen (15) years.

The ICs implemented at TYAD are

designed to prevent human

consumption of contaminated

groundwater. An IC previously

implemented by TYAD includes a

waterline agreement with the residents

to ensure that future residents will not

be exposed to groundwater

contaminated at levels above the MCLs.

This ongoing interim measure includes

supplying potable water to residences/

businesses, which have wells with VOC

concentrations above MCLs. The

agreement specifies that individual

residential wells will not be used for

any purpose except for monitoring by

the U.S. Army.

Another previously implemented IC is

an agreement with the Coolbaugh

Township Zoning Office to notify TYAD

of new construction involving potable

water. This control will ensure that new

wells are not placed in areas of known

or suspected contamination and will

allow the resident to be connected to the

TYAD potable water supply.

Additionally, a control prohibiting the

construction of any on-post drinking

water well in the plume of groundwater

contamination has been implemented.

This IC has been incorporated into the

TYAD Master Plan.

A ROD for OU2 was signed on

September 27, 1996. OU2 consists of the

former PCB transformer building. PCBcontaminated soils were removed from

the site and residual contamination is

below risk-based levels providing for

unlimited use and unrestricted

exposure. The selected remedy for the

OU2 ROD was No Further Action.

A ROD for OU3 was signed on July

12, 1996. OU3 consists of two (2) former

hazardous waste storage buildings,

which were remediated according to an

approved RCRA closure plan. The

residual contamination was below riskbased levels providing for unlimited use

and unrestricted exposure. The selected

remedy for the OU3 ROD was No

Further Action.

A ROD for OU4 was signed on

September 19, 2000. OU4 consists of a

400-acre area where artillery range use

resulted in residual unexploded

ordnance. In September 2000, the Army

completed construction of a fence and

hazard warning signs around the OU4

area as a Removal Action. The OU4

remedy consists of ICs and Operation

and Maintenance (O&M) activities

necessary to maintain the integrity of

the physical controls constructed during

the Removal Action. The ICs and O&M

activities that comprise this remedy

include the following: maintenance of

the physical controls (i.e., fencing and

signs); increased security patrols to

minimize trespassing on TYAD

property, and specifically OU4;

proprietary controls such as deed

restrictions to be placed on the land if

it is ever transferred outside of the

Government; public education to inform

TYAD personnel and visitors with

business in the vicinity of OU4 of the

potential for UXO in the area; and

periodic review to ensure that this

remedial action remains effective in

protecting the public. No remedial

construction was required and the Army

has implemented the IC and O&M

procedures.

A ROD for OU5 was signed on

September 28, 2000. OU5 consists of

groundwater emanating from the

inactive (RCRA) sanitary landfill. The

landfill was closed with an engineered

soil cover in accordance with a stateand EPA-approved RCRA closure plan,

permit and O&M plan. The OU5 remedy

consists of monitored natural

attenuation and ICs. The expected

duration of the monitored natural

attenuation remedy is thirty (30) years.

The Army will continue to monitor

groundwater on a semi-annual basis,

and ICs will prevent exposure to

contaminated groundwater until

monitoring data indicate that the

remediation goals have been met. The

ICs for OU5 are similar to those

implemented at OU1, such that an

agreement between TYAD and the

Coolbaugh Township Zoning Office will

ensure that future residents will not be

exposed to groundwater with

constituents above MCLs. In addition,

construction of any onpost drinking

water well in the area of groundwater

contamination at OU5 will be

prohibited until groundwater

remediation goals have been met. This

prohibition has been incorporated into

the TYAD Master Plan. Also, ongoing

public education regarding potential

hazards associated with consumption of

contaminated groundwater in OU5 and

results of long-term monitoring will be

presented to all employees in articles in

the installation newspaper.

Because hazardous substances,

pollutants or contaminants that will

remain onsite at OU–4, the UXO Area,

do not allow unlimited use of, or

unrestricted access to the site, the Army,

as lead agency, will conduct five-year

reviews as required by CERCLA. Fiveyear reviews will also be conducted in

the Excluded Areas at OU1 and OU5,

which are not being considered for

deletion due to long term groundwater

monitoring, until such time that it has

been determined that cleanup goals

have been attained.

Operation and maintenance (O&M)

activities at the areas proposed for

deletion will only be necessary at OU4,

the UXO area. The O&M activities

include continuing security patrols and

maintenance of the fencing and the

signs around the perimeter of OU4.

Community Relations Activities

Community interest in this site is

currently low. Initially, community

interest was very high when the VOCcontaminated groundwater plume was

found to be migrating offsite to

residential wells in the village of

Tobyhanna. Since the affected residents

have been connected to the Depot water

supply, the interest in other sites at

Tobyhanna has remained low. In March

1995, a Restoration Advisory Board

(RAB) was formed. The RAB includes

representatives of the Army, Monroe

County, Coolbaugh Township, former

TYAD employees, and other interested

parties. The Army keeps the RAB well

informed by providing members with

copies of pertinent CERCLA documents

for review and comment, and by

holding periodic meetings to discuss

ongoing CERCLA investigations and

actions.

Applicable Deletion Criteria

The final ROD for the Tobyhanna

Army Depot site was signed on

September 28, 2000. All remedies are in

place, including the institutional

controls specified in the RODs for OU1,

OU4, and OU5. Natural attenuation and

long-term monitoring for the Excluded

Areas, the groundwater at OU1 and

OU5, is underway. One of the three

criteria for site deletion specifies that

EPA may delete a site from the NPL if

‘‘responsible parties or other persons

have implemented all appropriate

response actions required.’’ 40 CFR

300.425(e)(1)(i). At TYAD, EPA believes

that the Army has implemented all

appropriate response actions and

therefore, EPA, with the concurrence of

the Commonwealth of Pennsylvania, is

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules 31585

proposing deletion of this Site, except

for the previously defined Excluded

Areas, from the NPL. Documents

supporting this action are available in

the Deletion Docket.

While EPA does not believe that any

future response actions in the areas to

be deleted from the NPL will be

necessary, if future conditions warrant

such action, the proposed deletion areas

of the Tobyhanna Army Depot site

remain eligible for future Fund-financed

response areas of the Tobyhanna Army

Depot site remain eligible for future

Fund-financed response actions.

Furthermore, this partial deletion does

not alter the status of the Excluded

Areas, the groundwater plumes at OU1

and OU5, which are not proposed for

deletion and remain on the NPL.

State Concurrence

In a letter dated January 11, 2001, the

Commonwealth of Pennsylvania

through its Department of

Environmental Protection has concurred

on EPA’s final determination regarding

the partial deletion.

Dated: March 30, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, U.S.

Environmental Protection Agency, Region 3.

[FR Doc. 01–14620 Filed 6–11–01; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15

[ET Docket 99–231; FCC 01–158]

Spread Spectrum Devices

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Commission’s rules to

improve spectrum sharing by

unlicensed devices operating in the 2.4

GHz band (2400—2483.5 MHz), provide

for introduction of new digital

transmission technologies, and

eliminate unnecessary regulations for

spread spectrum systems. We take these

actions to facilitate the continued

development and deployment of new

wireless devices for businesses and

consumers.

DATES: Comments must be filed on or

before August 27, 2001, and reply

comments must be filed on or before

September 25, 2001.

ADDRESSES: Comments filed through the

Commission’s Electronic Comment

Filing System (ECFS) can be sent as an

electronic file via the Internet to http:/

/www.fcc.gov/e-file/ecfs.html. Parties

who chose to file comments by paper

should send comments to the

Commission’s Secretary, Magalie Roman

Salas, Office of the Secretary, Federal

Communications Commission, 445

Twelfth Street SW., TW–A325,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Neal

McNeil, Office of Engineering and

Technology, (202) 418–2408, TTY (202)

418–2989, e-mail: nmcneil@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Further

Notice of Proposed Rule Making and

Order, ET Docket 99–231, FCC 01–158,

adopted May 10, 2001 and released May

11, 2001. The full text of this document

is available for inspection and copying

during regular business hours in the

FCC Reference Center (Room CY–A257),

445 12th Street, SW, Washington, DC

20554. The complete text of this

document also may be purchased from

the Commission’s duplication

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

Summary of Further Notice of Proposed

Rulemaking and Order

1. The Further Notice of Proposed

Rulemaking and Order (‘‘FNPRM’’)

propose to amend part 15 of the

Commission’s rules to improve

spectrum sharing by unlicensed devices

operating in the 2.4 GHz band (2400—

2483.5 MHz), provide for introduction

of new digital transmission

technologies, and eliminate unnecessary

regulations for spread spectrum

systems. Specifically, this FNPRM

proposes to revise the rules for

frequency hopping spread spectrum

systems operating in the 2.4 GHz band

to reduce the amount of spectrum that

must be used with certain types of

operation, and to allow new digital

transmission technologies to operate

pursuant to the same rules as spread

spectrum systems. It also proposes to

eliminate the processing gain

requirement for direct sequence spread

spectrum systems, which will provide

manufacturers with increased flexibility

and regulatory certainty in the design of

their products. We take these actions to

facilitate the continued development

and deployment of new wireless devices

for businesses and consumers.

2. The original Notice of Proposed

Rule Making (‘‘NPRM’’) 64 FR 38877,

July 20, 1999, in this proceeding, which

was initiated in response to a request

from the Home RF working group,

proposed to amend the rules to allow

frequency hopping spread spectrum

systems operating in the 2.4 GHz band

to use hopping channel bandwidths

wider than 1 MHz. The NPRM also

proposed to adopt a new method for

determining compliance with the

requirement that direct sequence

systems exhibit a minimum of 10 dB

processing gain. The First Report and

Order (‘‘First R&O’’) 65 FR 57557,

September 25, 2000, in this proceeding

amended the spread spectrum rules to

allow frequency hopping spread

spectrum transmitters in the 2.4 GHz

band to use bandwidths between 1 MHz

and 5 MHz at a reduced power output

of up to 125 mW. Frequency hopping

systems with a bandwidth of up to 1

MHz are required to use at least 75 nonoverlapping hopping frequencies. Use of

75 hopping frequencies is generally not

feasible for systems having a bandwidth

in excess of 1 MHz because the 2.4 GHz

band, which covers 2400–2483.5 MHz,

provides only 83.5 megahertz of

spectrum. Accordingly, the rules were

amended to permit systems using a

bandwidth greater than 1 MHz but less

than or equal to 5 MHz to use as few as

15 non-overlapping channels provided

that the total span of hopping channels

be at least 75 MHz. Therefore, while a

system using 5 MHz hopping channel

bandwidths is permitted to use as few

as 15 hopping frequencies, one using 3

MHz hopping channel bandwidths must

use at least 25 hopping frequencies to

comply with the rules.

3. Frequency Hopping Spread

Spectrum Systems. Thirteen parties

filed a Joint Petition for Clarification, or

in the Alternative, Partial

Reconsideration (‘‘Joint Petition’’) in

response to the First R&O requesting

that the Commission clarify its rules to

specify a minimum of 15 hopping

channels for any frequency hopping

system operating in the 2.4 GHz that

uses adaptive hopping techniques as

allowed under 47 CFR 15.247(h) and

limits its output power to 125 mW,

regardless of hopping channel

bandwidth. We propose to amend 47

CFR 15.247 by incorporating the

changes proposed in the Joint Petition.

Interested parties are invited to

comment on the acceptability of this

proposal. Commenters are encouraged

to include technical analyses that

support claims that this change will

either improve or degrade sharing of

this spectrum. We particularly invite

comment as to whether use of adaptive

hopping techniques should be

mandatory and how we should

determine compliance with this

requirement when evaluating specific

devices for purposes of equipment

certification. Commenters are also