27272 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 10–62; FCC 10–38] 

Amateur Service Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the amateur radio service rules 

to facilitate the use of spread spectrum 

communications technologies. 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: Submit comments on or before 

June 14, 2010 and reply comments are 

due June 28, 2010. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 10–62; 

FCC 10–38, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

William T. Cross, Public Safety and 

Critical Infrastructure Division, Wireless 

Telecommunications Bureau, (202) 418– 

0680, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Notice 

of Proposed Rulemaking and Order 

(NPRM), WT Docket No. 10–62, FCC 

10–38, 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, DC 

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. The Commission initiated this 

proceeding to amend the part 97 

Amateur Radio Service rules to facilitate 

the use of spread spectrum (SS) 

communications technologies. The 

Commission found that one of the 

purposes of the amateur service is to 

contribute to the advancement of the 

radio art and that the use of amateur 

service spectrum to experiment with SS 

communication systems is consistent 

with the basis and purpose of the 

amateur service. Specifically, the 

Commission proposed in this NPRM to 

amend the amateur service’s SS rules to 

(1) eliminate the automatic power 

control requirement applicable to 

stations that transmit SS emissions and 

(2) reduce the maximum transmitter 

power output amateur stations may use 

when transmitting SS communications 

from one hundred watts to ten watts 

peak envelope power. 

I. Procedural Matters 

A. Ex Parte Rules—Permit-but-Disclose 

Proceeding 

2. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s rules. 

B. Comment Dates 

3. Pursuant to §§ 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments on or before 

June 14, 2010, and reply comments are 

due June 28, 2010. 

4. Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

5. Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

6. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes must be 

disposed of before entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

C. Paperwork Reduction Act 

7. This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed 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). 

II. Initial Regulatory Flexibility 

Analysis 

8. The Regulatory Flexibility Act 

requires an initial regulatory flexibility 

analysis to be prepared for notice and 

comment rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’ 

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 27273 

1See 47 CFR 97.311(d). 

9. In the NPRM, we propose to amend 

the amateur service rules to eliminate 

the requirement that an amateur station 

transmitting a SS emission must 

automatically use APC to reduce the 

transmitter power when the station 

transmits with a power greater than one 

watt and to reduce from one hundred 

watts to a peak of ten watts the 

transmitter power output that an 

amateur station may transmit when the 

station is transmitting a SS emission.1

Because ‘‘small entities,’’ as defined in 

the RFA, are not persons eligible for 

licensing in the amateur service, this 

proposed rule does not apply to ‘‘small 

entities.’’ Rather, it applies exclusively 

to individuals who are the control 

operators of amateur radio stations. 

Therefore, we certify that the proposals 

in this NPRM, if adopted, will not have 

a significant economic impact on a 

substantial number of small entities. 

III. Ordering Clauses 

10. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 97 

Radio. 

Federal Communications Commission 

Marlene H. Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 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. 

§ 97.313 [Amended] 

2. Section 97.311 is amended by 

removing paragraph (d). 

3. Section 97.313 is amended by 

adding paragraph (j) to read as follows: 

§ 97.313 Transmitter power standards. 

* * * * * 

(j) No station may transmit with a 

transmitter output exceeding 10 W PEP 

when the station is transmitting a SS 

emission type. 

[FR Doc. 2010–11386 Filed 5–13–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171 and 173 

[Docket No. PHMSA–07–29364 (HM–231A)] 

RIN 2137–AE32 

Hazardous Materials; Packages 

Intended for Transport by Aircraft 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to amend 

requirements in the Hazardous 

Materials Regulations to enhance the 

integrity of inner packagings or 

receptacles of combination packagings 

containing liquid hazardous material by 

ensuring they remain intact when 

subjected to the reduced pressure and 

other forces encountered in air 

transportation. In order to substantially 

decrease the likelihood of a hazardous 

materials release, the proposed 

amendments: prescribe specific test 

protocols and standards for determining 

whether an inner packaging or 

receptacle is capable of meeting the 

pressure differential requirements 

specified in the regulations and, 

consistent with the 2011–2012 edition 

of the International Civil Aviation 

Organization Technical Instructions for 

the Safe Transport of Dangerous Goods 

by Aircraft (ICAO Technical 

Instructions), require the closures on all 

inner packagings containing liquids 

within a combination packaging to be 

secured by a secondary means or, under 

certain circumstances, permit the use of 

a liner. 

DATES: Comments must be received by 

July 13, 2010. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–07–29364 (HM–231A) by any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. Note that all comments 

received will be posted without change 

to the docket management system, 

including any personal information 

provided. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

FOR FURTHER INFORMATION CONTACT: 

Michael G. Stevens, Office of Hazardous 

Materials Standards, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001, telephone (202) 366–8553, or 

Janet McLaughlin, Office of Security 

and Hazardous Materials, Federal 

Aviation Administration, U.S. 

Department of Transportation, 490 

L’Enfant Plaza, SW., Room 2200, 

Washington, DC 20024, telephone (202) 

385–4897. 

SUPPLEMENTARY INFORMATION: 

Contents 

I. Background 

II. Problem 

III. ANPRM 

A. Studies and Data 

B. Pressure Differential Testing 

C. Alternatives to Testing 

D. Packaging Components 

IV. Summary of Proposals in This NPRM 

A. Incorporation of Revised ICAO TI 

Packaging Provisions 

B. Enhanced Pressure Differential 

Capability Standard 

C. Combined Enhanced Pressure 

Differential Capability Standard and 

Incorporation of Revised ICAO TI 

Packaging Provisions 

D. Vibration Testing 

V. Regulatory Analyses and Notices 


emcdonald on DSK2BSOYB1PROD with PROPOSALS