27200 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

B. 15 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet, provided that no other 

person or entity owns or controls more 

than 25 percent of the outstanding stock 

or partnership interests; or 

C. More than 50 percent of the voting 

power of the corporation that will own 

the media outlet if such corporation is 

a publicly traded company. 

* * * * * 

■ 3. Section 73.5008 is amended by 

revising paragraph (c) to read as follows: 

§ 73.5008 Definitions applicable for 

designated entity provisions. 

* * * * * 

(c)(1) An attributable interest in a 

winning bidder or in a medium of mass 

communications shall be determined in 

accordance with § 73.3555 and Note 2 to 

§ 73.3555. In addition, any interest held 

by an individual or entity with an 

equity and/or debt interest(s) in a 

winning bidder shall be attributed to 

that winning bidder for purposes of 

determining its eligibility for the new 

entrant bidding credit, if the equity 

(including all stockholdings, whether 

voting or nonvoting, common or 

preferred) and debt interest or interests, 

in the aggregate, exceed thirty-three (33) 

percent of the total asset value (defined 

as the aggregate of all equity plus all 

debt) of the winning bidder. 

(2) Notwithstanding paragraph (c)(1) 

of this section, where the winning 

bidder is an eligible entity, the 

combined equity and debt of the interest 

holder in the winning bidder may 

exceed the 33 percent threshold therein 

without triggering attribution, provided 

that: 

(i) The combined equity and debt of 

the interest holder in the winning 

bidder is less than 50 percent, or 

(ii) The total debt of the interest 

holder in the winning bidder does not 

exceed 80 percent of the asset value of 

the winning bidder and the interest 

holder does not hold any equity interest, 

option, or promise to acquire an equity 

interest in the winning bidder or any 

related entity. For purposes of 

paragraph (c)(2) of this section, an 

‘‘eligible entity’’ shall include any entity 

that qualifies as a small business under 

the Small Business Administration’s 

size standards for its industry grouping, 

as set forth in 13 CFR 121.201, at the 

time the transaction is approved by the 

FCC, and holds: 

(A) 30 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet; or 

(B) 15 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet, provided that no other 

person or entity owns or controls more 

than 25 percent of the outstanding stock 

or partnership interests; or 

(C) More than 50 percent of the voting 

power of the corporation that will own 

the media outlet if such corporation is 

a publicly traded company. 

[FR Doc. 2010–11161 Filed 5–13–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 10–62; FCC 10–38] 

Amateur Service Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document revises the 

Amateur Radio Service rules to make 

certain non-substantive revisions to 

these rules. The rules are necessary to 

amend the amateur service rules or 

conform them to prior Commission 

decisions. The effect of this action is to 

enhance the usefulness of the amateur 

service rules by making them conform 

with other Commission rules, thereby 

eliminating licensee confusion when 

applying the rules to amateur service 

operations. 

DATES: Effective July 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William T. Cross, Mobility Division, 

Wireless Telecommunications Bureau, 

at (202) 418–0680, or TTY (202) 418– 

7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order 

(Order), adopted March 11, 2010, and 

released March 16, 2010. The full text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554. The complete 

text may be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, D.C. 

20554. The full text may also be 

downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

e-mail to fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

1. By this action, we are amending the 

amateur service rules to revise 47 CFR 

97.313(c) to limit Novice Class operators 

and Technician Plus Class operators to 

two hundred watts peak envelope 

power when these licensees are the 

control operator of a station transmitting 

in the segments of the 80, 40, 15, and 

10 meter bands in which they may 

control an amateur station. 

2. Also, by this action, we are also 

amending the amateur service rules to 

revise 47 CFR 97.301 and 97.303 related 

to the 40m, 60 m, 70 cm, and 9 cm 

bands to conform to the Table of 

Frequency Allocations in part 2 of our 

rules, and to references within the 

relevant sections of our rules. We also 

revise the frequency sharing 

requirements in 47 CFR 97.303 to limit 

the summary to those frequency bands 

that are allocated to the amateur service 

on a secondary basis, and to present the 

requirements more clearly. 

3. In addition, we move transmitter 

power limit information that applies to 

stations transmitting a spread spectrum 

emission from 47 CFR 97.303(s) to 47 

CFR 97.313, Transmitter power 

standards. Finally, we amend 47 CFR 

97.103(c) to delete the cross-reference to 

47 CFR 0.314(x), which was removed in 

1999; and we remove the entry ‘‘1260– 

1270 MHz’’ from 47 CFR 97.207(c), 

which lists the frequency bands 

authorized to amateur space stations, 

because footnote 5.282 to the Table 

limits the use of that segment to earth 

station transmissions. 

4. In the Order, we amend the 

amateur service rules to conform them 

to previous Commission decisions. The 

amended rules apply exclusively to 

individuals who are licensees in the 

Amateur Radio Service. Such 

amendments are in the public interest 

because they will clarify and conform 

the amateur service rules to other parts 

of the Commission’s rules and previous 

decisions. The rule changes do not 

result in any mandatory change in 

manufactured amateur radio equipment 

or have any impact on business entities 

because such entities are not eligible for 

licensing in the amateur service. 

Therefore, we certify that the rules 

reflected in this Order will not have a 

significant economic impact on a 

substantial number of small entities. 

5. The amended rules are set forth 

below, effective July 13, 2010. 

6. This Order and the rule 

amendments are issued under the 

authority contained in 47 U.S.C. 154(i) 

and (j), 303(r) and 403. 

7. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of this Order, including the Initial 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27201 

and Final Regulatory Flexibility 

Certifications, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 97 

Radio. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 97 as 

follows: 

PART 97—AMATEUR RADIO SERVICE 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303. Interpret or 

apply 48 Stat. 1064–1068, 1081–1105, as 

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

■ 2. Section 97.103 is amended by 

revising paragraph (c) to read as follows: 

§ 97.103 Station licensee responsibilities. 

* * * * * 

(c) The station licensee must make the 

station and the station records available 

for inspection upon request by an FCC 

representative. 

■ 3. Section 97.207 is amended by 

revising paragraph (c)(2) to read as 

follows: 

§ 97.207 Space station. 

* * * * * 

(c) * * * 

(2) The 7.0–7.1 MHz, 14.00–14.25 

MHz, 144–146 MHz, 435–438 MHz, 

2400–2450 MHz, 3.40–3.41 GHz, 5.83– 

5.85 GHz, 10.45–10.50 GHz, and 24.00– 

24.05 GHz segments. 

* * * * * 

■ 4. Section 97.301 is revised to read as 

follows: 

§ 97.301 Authorized frequency bands. 

The following transmitting frequency 

bands are available to an amateur 

station located within 50 km of the 

Earth’s surface, within the specified ITU 

Region, and outside any area where the 

amateur service is regulated by any 

authority other than the FCC. 

(a) For a station having a control 

operator who has been granted a 

Technician, Technician Plus, General, 

Advanced, or Amateur Extra Class 

operator license, who holds a CEPT 

radio amateur license, or who holds any 

class of IARP: 

Wavelength band ITU 

region 

1 

ITU region 2 ITU region 3 

Sharing requirements see 

§ 97.303 

VHF (paragraph) 

MHz 

MHz MHz 

6 m ............................................. .......... 50–54 ........................................ 50–54 ........................................ (a) 

2 m ............................................. 144– 

146.

144–148 .................................... 144–148 .................................... (a), (k) 

1.25 m ........................................ .......... 219–220 .................................... ................................................... (l) 

Do ........................................ .......... 222–225 .................................... ................................................... (a) 

UHF MHz MHz MHz 

70 cm ................................. 430–440 ............................ 420–450 ............................ 430–440 ............................ (a), (b), (m) 

33 cm ................................. ........................................... 902–928 ............................ ........................................... (a), (b), (e), (n) 

23 cm ................................. 1240–1300 ........................ 1240–1300 ........................ 1240–1300 ........................ (b), (d), (o) 

13 cm ................................. 2300–2310 ........................ 2300–2310 ........................ 2300–2310 ........................ (d), (p) 

Do ............................... 2390–2450 ........................ 2390–2450 ........................ 2390–2450 ........................ (d), (e), (p) 

SHF GHz GHz GHz 

9 cm ............................... 3.3–3.5 3.3–3.5 (a), (b), (f), (q) 

5 cm ............................... 5.650–5.850 5.650–5.925 5.650–5.850 (a), (b), (e), (r) 

3 cm ............................... 10.0–10.5 10.0–10.5 10.0–10.5 (a), (b), (k) 

1.2 cm ............................ 24.00–24.25 24.00–24.25 24.00–24.25 (b), (d), (e) 

EHF GHz GHz GHz 

6 mm ............................. 47.0–47.2 47.0–47.2 47.0–47.2 

4 mm ............................. 76–81 76–81 76–81 (c), (f), (s) 

2.5 mm .......................... 122.25–123.00 122.25–123.00 122.25–123.00 (e), (t) 

2 mm ............................. 134–141 134–141 134–141 (c), (f) 

1 mm ............................. 241–250 241–250 241–250 (c), (e), (f) 

Above 275 Above 275 Above 275 (f) 

(b) For a station having a control 

operator who has been granted an 

Amateur Extra Class operator license, 

who holds a CEPT radio amateur 

license, or who holds a Class 1 IARP 

license: 

Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 

(paragraph) MF kHz kHz kHz 

160 m ............................ 1810–1850 1800–2000 1800–2000 (a), (c), (g) 

HF MHz MHz MHz 

80 m .............................. 3.500–3.600 3.500–3.600 3.500–3.600 (a) 

75 m .............................. 3.600–3.800 3.600–4.000 3.600–3.900 (a) 


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27202 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

HF MHz MHz MHz 

60 m .............................. See § 97.303(h) (h) 

40 m .............................. 7.000–7.200 7.000–7.300 7.000–7.200 (i) 

30 m .............................. 10.100–10.150 10.100–10.150 10.100–10.150 (j) 

20 m .............................. 14.000–14.350 14.000–14.350 14.000–14.350 

17 m .............................. 18.068–18.168 18.068–18.168 18.068–18.168 

15 m .............................. 21.000–21.450 21.000–21.450 21.000–21.450 

12 m .............................. 24.890–24.990 24.890–24.990 24.890–24.990 

10 m .............................. 28.000–29.700 28.000–29.700 28.000–29.700 

(c) For a station having a control 

operator who has been granted an 

operator license of Advanced Class: 

Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see 

§ 97.303 

MF kHz kHz kHz (Paragraph) 

160 m ................................ 1810–1850 ........................ 1800–2000 ........................ 1800–2000 ........................ (a), (c), (g) 

HF MHz MHz MHz 

80 m .................................. 3.525–3.600 ...................... 3.525–3.600 ...................... 3.525–3.600 ...................... (a) 

75 m .................................. 3.700–3.800 ...................... 3.700–4.000 ...................... 3.700–3.900 ...................... (a) 

60 m .................................. ........................................... See § 97.303(h) ................. ........................................... (h) 

40 m .................................. 7.025–7.200 ...................... 7.025–7.300 ...................... 7.025–7.200 ...................... (i) 

30 m .................................. 10.100–10.150 .................. 10.100–10.150 .................. 10.100–10.150 .................. (j) 

20 m .................................. 14.025–14.150 .................. 14.025–14.150 .................. 14.025–14.150 ..................

Do ............................... 14.175–14.350 .................. 14.175–14.350 .................. 14.175–14.350 ..................

17 m .................................. 18.068–18.168 .................. 18.068–18.168 .................. 18.068–18.168 ..................

15 m .................................. 21.025–21.200 .................. 21.025–21.200 .................. 21.025–21.200 ..................

Do ............................... 21.225–21.450 .................. 21.225–21.450 .................. 21.225–21.450 ..................

12 m .................................. 24.890–24.990 .................. 24.890–24.990 .................. 24.890–24.990 ..................

10 m .................................. 28.000–29.700 .................. 28.000–29.700 .................. 28.000–29.700 ..................

(d) For a station having a control 

operator who has been granted an 

operator license of General Class: 

Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see 

§ 97.303 

MF kHz kHz kHz (paragraph) 

160 m ................................ 1810–1850 ........................ 1800–2000 ........................ 1800–2000 ........................ (a), (c), (g) 

HF MHz MHz MHz 

80 m .............................. 3.525–3.600 3.525–3.600 3.525–3.600 (a) 

75 m .............................. 3.800–4.000 3.800–3.900 (a) 

60 m .............................. See § 97.303(h) (h) 

40 m .............................. 7.025–7.125 7.025–7.125 7.025–7.125 (i) 

Do ........................... 7.175–7.200 7.175–7.300 7.175–7.200 (i) 

30 m .............................. 10.100–10.150 10.100–10.150 10.100–10.150 (j) 

20 m .............................. 14.025–14.150 14.025–14.150 14.025–14.150 

Do ........................... 14.225–14.350 14.225–14.350 14.225–14.350 

17 m .............................. 18.068–18.168 18.068–18.168 18.068–18.168 

15 m .............................. 21.025–21.200 21.025–21.200 21.025–21.200 

Do ........................... 21.275–21.450 21.275–21.450 21.275–21.450 

12 m .............................. 24.890–24.990 24.890–24.990 24.890–24.990 

10 m .............................. 28.000–29.700 28.000–29.700 28.000–29.700 

(e) For a station having a control 

operator who has been granted an 

operator license of Novice Class, 

Technician Class, or Technician Plus 

Class: 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27203 

Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 

(paragraph) HF MHz MHz MHz 

80 m .............................. 3.525–3.600 3.525–3.600 3.525–3.600 (a) 

40 m .............................. 7.025–7.125 7.025–7.125 7.025–7.125 (i) 

15 m .............................. 21.025–21.200 21.025–21.200 21.025–21.200 

10 m .............................. 28.0–28.5 28.0–28.5 28.0–28.5 

VHF MHz MHz MHz 

1.25 m ............................... ........................................... 222–225 ............................ ........................................... (a) 

UHF MHz MHz MHz 

23 cm ............................. 1270–1295 1270–1295 1270–1295 (d), (o) 

■ 5. Section 97.303 is revised to read as 

follows: 

§ 97.303 Frequency sharing requirements. 

The following paragraphs summarize 

the frequency sharing requirements that 

apply to amateur stations transmitting 

in the frequency bands specified in 

§ 97.301 of this part. Each frequency 

band allocated to the amateur service is 

designated as either a secondary service 

or a primary service. A station in a 

secondary service must not cause 

harmful interference to, and must accept 

interference from, stations in a primary 

service. 

(a) Where, in adjacent ITU Regions or 

sub-Regions, a band of frequencies is 

allocated to different services of the 

same category (i.e., primary or 

secondary services), the basic principle 

is the equality of right to operate. 

Accordingly, stations of each service in 

one Region or sub-Region must operate 

so as not to cause harmful interference 

to any service of the same or higher 

category in the other Regions or subRegions. 

(b) Amateur stations transmitting in 

the 70 cm band, the 33 cm band, the 23 

cm band, the 9 cm band, the 5 cm band, 

the 3 cm band, or the 24.05–24.25 GHz 

segment must not cause harmful 

interference to, and must accept 

interference from, stations authorized by 

the United States Government in the 

radiolocation service. 

(c) Amateur stations transmitting in 

the 1900–2000 kHz segment, the 76– 

77.5 GHz segment, the 78–81 GHz 

segment, the 136–141 GHz segment, or 

the 241–248 GHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by the United States 

Government, the FCC, or other nations 

in the radiolocation service. 

(d) Amateur stations transmitting in 

the 430–450 MHz segment, the 23 cm 

band, the 3.3–3.4 GHz segment, the 

5.65–5.85 GHz segment, the 13 cm band, 

or the 24.05–24.25 GHz segment, must 

not cause harmful interference to, and 

must accept interference from, stations 

authorized by other nations in the 

radiolocation service. 

(e) Amateur stations receiving in the 

33 cm band, the 2400–2450 MHz 

segment, the 5.725–5.875 GHz segment, 

the 1.2 cm band, the 2.5 mm band, or 

the 244–246 GHz segment must accept 

interference from industrial, scientific, 

and medical (ISM) equipment. 

(f) Amateur stations transmitting in 

the following segments must not cause 

harmful interference to radio astronomy 

stations: 3.332–3.339 GHz, 3.3458– 

3.3525 GHz, 76–77.5 GHz, 78–81 GHz, 

136–141 GHz, 241–248 GHz, 275–323 

GHz, 327–371 GHz, 388–424 GHz, 426– 

442 GHz, 453–510 GHz, 623–711 GHz, 

795–909 GHz, or 926–945 GHz. In 

addition, amateur stations transmitting 

in the following segments must not 

cause harmful interference to stations in 

the Earth exploration-satellite service 

(passive) or the space research service 

(passive): 275–277 GHz, 294–306 GHz, 

316–334 GHz, 342–349 GHz, 363–365 

GHz, 371–389 GHz, 416–434 GHz, 442– 

444 GHz, 496–506 GHz, 546–568 GHz, 

624–629 GHz, 634–654 GHz, 659–661 

GHz, 684–692 GHz, 730–732 GHz, 851– 

853 GHz, or 951–956 GHz. 

(g) Amateur stations transmitting in 

the 1900–2000 kHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by other nations in the fixed, 

mobile except aeronautical mobile, and 

radionavigation services. 

(h) Amateur stations may only 

transmit single sideband, suppressed 

carrier (emission type 2K80J3E), upper 

sideband on the channels 5332 kHz, 

5348 kHz, 5368 kHz, 5373 kHz, and 

5405 kHz. Amateur operators shall 

ensure that their station’s transmission 

occupies only 2.8 kHz centered at each 

of these frequencies. Amateur stations 

must not cause harmful interference to, 

and must accept interference from, 

stations authorized by: 

(1) The United States Government, the 

FCC, or other nations in the fixed 

service; and 

(2) Other nations in the mobile except 

aeronautical mobile service. 

(i) Amateur stations transmitting in 

the 7.2–7.3 MHz segment must not 

cause harmful interference to, and must 

accept interference from, international 

broadcast stations whose programming 

is intended for use within Region 1 or 

Region 3. 

(j) Amateur stations transmitting in 

the 30 m band must not cause harmful 

interference to, and must accept 

interference from, stations by other 

nations in the fixed service. The 

licensee of the amateur station must 

make all necessary adjustments, 

including termination of transmissions, 

if harmful interference is caused. 

(k) For amateur stations located in 

ITU Regions 1 and 3: Amateur stations 

transmitting in the 146–148 MHz 

segment or the 10.00–10.45 GHz 

segment must not cause harmful 

interference to, and must accept 

interference from, stations of other 

nations in the fixed and mobile services. 

(l) In the 219–220 MHz segment: 

(1) Use is restricted to amateur 

stations participating as forwarding 

stations in fixed point-to-point digital 

message forwarding systems, including 

intercity packet backbone networks. It is 

not available for other purposes. 

(2) Amateur stations must not cause 

harmful interference to, and must accept 

interference from, stations authorized 

by: 

(i) The FCC in the Automated 

Maritime Telecommunications System 

(AMTS), the 218–219 MHz Service, and 

the 220 MHz Service, and television 

stations broadcasting on channels 11 

and 13; and 

(ii) Other nations in the fixed and 

maritime mobile services. 

(3) No amateur station may transmit 

unless the licensee has given written 

notification of the station’s specific 

geographic location for such 


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27204 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

transmissions in order to be 

incorporated into a database that has 

been made available to the public. The 

notification must be given at least 30 

days prior to making such 

transmissions. The notification must be 

given to: The American Radio Relay 

League, Inc., 225 Main Street, 

Newington, CT 06111–1494. 

(4) No amateur station may transmit 

from a location that is within 640 km of 

an AMTS coast station that operates in 

the 217–218 MHz and 219–220 MHz 

bands unless the amateur station 

licensee has given written notification 

of the station’s specific geographic 

location for such transmissions to the 

AMTS licensee. The notification must 

be given at least 30 days prior to making 

such transmissions. The location of 

AMTS coast stations using the 217–218/ 

219–220 MHz channels may be obtained 

as noted in paragraph (l)(3) of this 

section. 

(5) No amateur station may transmit 

from a location that is within 80 km of 

an AMTS coast station that uses 

frequencies in the 217–218 MHz and 

219–220 MHz bands unless that amateur 

station licensee holds written approval 

from that AMTS licensee. The location 

of AMTS coast stations using the 217– 

218/219–220 MHz channels may be 

obtained as noted in paragraph (l)(3) of 

this section. 

(m) In the 70 cm band: 

(1) No amateur station shall transmit 

from north of Line A in the 420–430 

MHz segment. See § 97.3(a) for the 

definition of Line A. 

(2) Amateur stations transmitting in 

the 420–430 MHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by the FCC in the land 

mobile service within 80.5 km of 

Buffalo, Cleveland, and Detroit. See 

§ 2.106, footnote US230 for specific 

frequencies and coordinates. 

(3) Amateur stations transmitting in 

the 420–430 MHz segment or the 440– 

450 MHz segment must not cause 

harmful interference to, and must accept 

interference from, stations authorized by 

other nations in the fixed and mobile 

except aeronautical mobile services. 

(n) In the 33 cm band: 

(1) Amateur stations must not cause 

harmful interference to, and must accept 

interference from, stations authorized 

by: 

(i) The United States Government; 

(ii) The FCC in the Location and 

Monitoring Service; and 

(iii) Other nations in the fixed service. 

(2) No amateur station shall transmit 

from those portions of Texas and New 

Mexico that are bounded by latitudes 

31°41′ and 34°30′ North and longitudes 

104°11′ and 107°30′ West; or from 

outside of the United States and its 

Region 2 insular areas. 

(3) No amateur station shall transmit 

from those portions of Colorado and 

Wyoming that are bounded by latitudes 

39° and 42° North and longitudes 103° 

and 108° West in the following 

segments: 902.4–902.6 MHz, 904.3– 

904.7 MHz, 925.3–925.7 MHz, and 

927.3–927.7 MHz. 

(o) Amateur stations transmitting in 

the 23 cm band must not cause harmful 

interference to, and must accept 

interference from, stations authorized 

by: 

(1) The United States Government in 

the aeronautical radionavigation, Earth 

exploration-satellite (active), or space 

research (active) services; 

(2) The FCC in the aeronautical 

radionavigation service; and 

(3) Other nations in the Earth 

exploration-satellite (active), 

radionavigation-satellite (space-to-Earth) 

(space-to-space), or space research 

(active) services. 

(p) In the 13 cm band: 

(1) Amateur stations must not cause 

harmful interference to, and must accept 

interference from, stations authorized by 

other nations in fixed and mobile 

services. 

(2) Amateur stations transmitting in 

the 2305–2310 MHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by the FCC in the fixed, 

mobile except aeronautical mobile, and 

radiolocation services. 

(q) Amateur stations transmitting in 

the 3.4–3.5 GHz segment must not cause 

harmful interference to, and must accept 

interference from, stations authorized by 

other nations in the fixed and fixedsatellite (space-to-Earth) services. 

(r) In the 5 cm band: 

(1) Amateur stations transmitting in 

the 5.650–5.725 GHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by other nations in the 

mobile except aeronautical mobile 

service. 

(2) Amateur stations transmitting in 

the 5.850–5.925 GHz segment must not 

cause harmful interference to, and must 

accept interference from, stations 

authorized by the FCC and other nations 

in the fixed-satellite (Earth-to-space) 

and mobile services and also stations 

authorized by other nations in the fixed 

service. In the United States, the use of 

mobile service is restricted to Dedicated 

Short Range Communications operating 

in the Intelligent Transportation System. 

(s) Authorization of the 76–77 GHz 

segment for amateur station 

transmissions is suspended until such 

time that the Commission may 

determine that amateur station 

transmissions in this segment will not 

pose a safety threat to vehicle radar 

systems operating in this segment. 

(t) Amateur stations transmitting in 

the 2.5 mm band must not cause 

harmful interference to, and must accept 

interference from, stations authorized by 

the United States Government, the FCC, 

or other nations in the fixed, intersatellite, or mobile services. 

Note to § 97.303: The Table of Frequency 

Allocations contains the complete, 

unabridged, and legally binding frequency 

sharing requirements that pertain to the 

Amateur Radio Service. See 47 CFR 2.104, 

2.105, and 2.106. The United States, Puerto 

Rico, and the U.S. Virgin Islands are in 

Region 2 and other U.S. insular areas are in 

either Region 2 or 3; see Appendix 1 to part 

97. 

■ 6. Section 97.305 is amended by 

revising the last entry in the table 

following paragraph (c) to read as 

follows: 

§ 97.305 Authorized emission types. 

* * * * * 

(c) * * * 

Wavelength band Frequencies Emission types authorized Standards see § 97.307(f), 

paragraph: 

* * * * * * * 

Above 275 GHz ................. MCW, phone, image, RTTY, data, SS, test, pulse ........ (7), (8), and (12). 

■ 7. Section 97.313 is amended by 

revising paragraphs (c) introductory text 

and (c)(2) and adding paragraph (i) to 

read as follows: 

§ 97.313 Transmitter power standards. 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27205 

(c) No station may transmit with a 

transmitter power output exceeding 200 

W PEP: 

* * * * * 

(2) On the 3.525–3.60 MHz, 7.025– 

7.125 MHz, 21.025–21.20 MHz, and 

28.0–28.5 MHz segment when the 

control operator is a Novice Class, 

Technician Class, or Technician Plus 

Class operator; or 

* * * * * 

(i) No station may transmit with an 

effective radiated power (ERP) 

exceeding 50 W PEP on the 60 m band. 

For the purpose of computing ERP, the 

transmitter PEP will be multiplied by 

the antenna gain relative to a dipole or 

the equivalent calculation in decibels. A 

half-wave dipole antenna will be 

presumed to have a gain of 1. Licensees 

using other antennas must maintain in 

their station records either the antenna 

manufacturer data on the antenna gain 

or calculations of the antenna gain. 

[FR Doc. 2010–11385 Filed 5–13–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 107, 171, 173, 174, 

176, 177, and 179 

[Docket No. PHMSA–2009–0289 (HM–233A)] 

RIN 2137–AE39 

Hazardous Materials: Incorporation of 

Special Permits Into Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration is 

amending the Hazardous Materials 

Regulations to incorporate provisions 

contained in certain widely used or 

longstanding special permits that have 

an established safety record. Special 

permits allow a company or individual 

to package or ship a hazardous material 

in a manner that varies from the 

regulations so long as an equivalent 

level of safety is maintained. The 

revisions in this final rule are intended 

to provide wider access to the regulatory 

flexibility offered in special permits and 

eliminate the need for numerous 

renewal requests, thus reducing 

paperwork burdens and facilitating 

commerce while maintaining an 

appropriate level of safety. 

DATES: Effective Dates: The effective 

date of these amendments is October 1, 

2010. 

Voluntary Compliance: Voluntary 

compliance with the provisions of this 

final rule is authorized June 14, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Edmonson or Dirk Der Kinderen, 

Office of Hazardous Materials 

Standards, (202) 366–8553, or Diane 

LaValle, Office of Hazardous Materials 

Special Permits and Approvals, (202) 

366–4535, Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), 1200 New Jersey Avenue, 

SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Overview of Amendments 

III. Summary Review of Amendments 

IV. Regulatory Analyses and Notices 

I. Background 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) is 

amending the Hazardous Materials 

Regulations (HMR; 49 CFR Parts 171– 

180) to incorporate certain requirements 

based on existing special permits (SPs) 

issued by PHMSA under 49 CFR Part 

107, Subpart B (§§ 107.101 to 107.127). 

A special permit sets forth alternative 

requirements—or a variance—to the 

requirements in the HMR in a way that 

achieves a safety level at least equal to 

the safety level required under the 

regulations or that is consistent with the 

public interest. Congress expressly 

authorized DOT to issue these variances 

in the Hazardous Materials 

Transportation Act of 1975. 

The HMR generally are performance 

oriented regulations, which provide the 

regulated community with a certain 

amount of flexibility in meeting safety 

requirements. Even so, not every 

transportation situation can be 

anticipated and built into the 

regulations. Innovation is a strength of 

our economy and the hazardous 

materials community is particularly 

strong at developing new materials and 

technologies and innovative ways of 

moving materials. Special permits 

enable the hazardous materials industry 

to quickly, effectively, and safely 

integrate new products and technologies 

into production and the transportation 

stream. Thus, special permits provide a 

mechanism for testing new 

technologies, promoting increased 

transportation efficiency and 

productivity, and ensuring global 

competitiveness. Hazardous materials 

transported under the terms of a special 

permit must achieve a level of safety at 

least equal to the level of safety 

achieved when transported under the 

HMR. Implementation of new 

technologies and operational techniques 

enhances safety because the authorized 

operations or activities may achieve a 

greater level of safety than currently 

required under the regulations. Special 

permits also reduce the volume and 

complexity of the HMR by addressing 

unique or infrequent transportation 

situations that would be difficult to 

accommodate in regulations intended 

for use by a wide range of shippers and 

carriers. 

PHMSA conducts ongoing reviews of 

special permits to identify widely used 

and longstanding special permits with 

an established safety record for 

conversion into regulations of broader 

applicability. Converting these special 

permits into regulations reduces 

paperwork burdens and facilitates 

commerce while maintaining an 

acceptable level of safety. Additionally, 

adoption of special permits as rules of 

general applicability provides wider 

access to the benefits and regulatory 

flexibility of the provisions granted in 

the special permits. Factors that 

influence whether or not a specific 

special permit is a candidate for 

regulatory action include the safety 

record for hazardous materials 

transported or operations conducted 

under a special permit; potential broad 

application of a special permit; 

suitability of provisions in the special 

permit for incorporation into the HMR; 

rulemaking activity in related areas; and 

agency priorities. 

Several of the special permits 

addressed in this final rule have 

hundreds of party status grantees. Party 

status is granted to a person who would 

like to offer for transport or transport a 

hazardous material, or perform an 

operation in association with a 

hazardous material in the same manner 

as the original applicant. Several special 

permits addressed in this final rule 

provide for the manufacture, marking, 

sale and use of certain packagings for 

transportation of hazardous materials. 

These manufacturing special permits are 

issued to the packaging manufacturer 

and provide for use of the packagings by 

hundreds and possibly thousands of 

distributors and users. 

The amendments in this final rule 

will eliminate the need for 

approximately 510 current grantees to 

reapply for renewal of 44 special 

permits every four years and for PHMSA 

to process those renewal applications. 

These amendments also apply to any 

special permits this agency issues 

during the development of this final 

rule whose provisions are identical in 

every respect to those described in the 

rulemakings issued under this docket. 

To emphasize this, we preface the 


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