31044 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

levels or establishing exemptions from

tolerance requirements do not have a

significant economic impact on a

substantial number of small entities. A

certification statement to this effect was

published in the Federal Register of

May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: June 4, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.1001, the table in

paragraph (c) is amended by adding

alphabetically the inert ingredient

1,1,1,2-Tetrafluoroethane, (CAS Reg. No.

811-97-2), to read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

1,1,1,2-Tetrafluoroethane, (CAS Reg. No. 811–97–2) .............................................. Aerosol propellant

* * * * * * *

* * * * *

[FR Doc. 96–15482 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 2 and 15

[ET Docket No. 95–19; FCC 96–208]

Streamlining the Equipment

Authorization Procedures for Digital

Devices

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: These rules deregulate the

equipment authorization requirements

for personal computers and personal

computer peripherals by relaxing the

equipment authorization procedures to

provide a new self-authorization process

based on a manufacturer’s or supplier’s

declaration of compliance. These

changes were made to reduce the

regulatory burden on computer

manufacturers and assemblers. This

action will save industry approximately

$250 million annually, permit products

to reach the marketplace more quickly

and stimulate competition in the

computer industry.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: John

A. Reed at (202) 418–2455 and Anthony

Serafini at 418–2456, Office of

Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in ET Docket No. 95–19, FCC

96–208, adopted May 9, 1996 and

released May 14, 1996. The complete

text of this Report and Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

Summary of the Report and Order

1. By this action, the Commission is

streamlining the equipment

authorization requirements for personal

computers and personal computer

peripherals. The item adopts a new

‘‘Declaration of Conformity’’ (DoC)

procedure that will permit these devices

to be authorized based on a

manufacturer’s or supplier’s declaration

that the computer product conforms

with all FCC requirements. Under this

procedure, a manufacturer or equipment

supplier will test a product to ensure

compliance with our standards for

limiting radio frequency (RF) emissions

and will include a statement, attesting

to compliance with those standards in

the literature furnished with the

product. We are also permitting the

marketing of personal computers

assembled from separate components

that have themselves been authorized

under a DoC. In such cases, no further

testing of the completed assembly will

be required.

2. We anticipate that these rule

changes will save industry

approximately $250 million annually in

administrative expenses, while

continuing to provide the same level of

protection against harmful interference

from personal computing devices to

radio communication services. In

addition, the new rules will eliminate

the need for manufacturers to obtain

FCC approval before marketing new

personal computer products and thus

will allow such products to reach the

marketplace more quickly. We also

believe that our relaxation of the

existing regulations, which can be

particularly burdensome for small

manufacturers, will stimulate

competition in the computer industry.

Further, these changes will align our

equipment authorization requirements

for personal computers with those used

in other parts of the world. This action

is consistent with new authority

provided in the Telecommunications

Act of 1996 that permits the

Commission to authorize the use of

private organizations for testing and

certifying the compliance of devices or

home electronics equipment and

systems with FCC regulations.

3. Accordingly, it is ordered that Parts

0, 2 and 15 of the Commission’s Rules

and Regulations are amended as

specified below, effective August 19,

1996. It is also ordered that the

proceeding in GEN Docket No. 90–413

is terminated. The authority for issuance

of this Report and Order is contained in

Sections 4(i), 301, 302, 303(e), 303(f),

303(r), 304 and 307 of the

Communications Act of 1934, as

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

302, 303(e), 303(f), 303(r), 304 and 307.

Final Regulatory Flexibility Analysis

Pursuant to 5 U.S.C. Section 603, an

Initial Regulatory Flexibility Analysis

was incorporated in the Notice of

Proposed Rule Making (NPRM) in ET

Docket No. 95–19, FCC 95–46, 60 FR

15116, March 22, 1995. Written

comments on the proposals in the

NPRM, including the Regulatory

Flexibility Analysis, were requested.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31045

The following Final Regulatory Analysis

has been prepared:

1. Need and purpose of this action:

This action determines the standards,

test procedures, and equipment

authorization requirements that will be

applied to personal computers in order:

(1) To reduce regulatory burdens on

computer manufacturers; (2) to remove

impediments to flexible system design

and construction techniques for

computers; and, (3) to reduce the

potential for interference to radio

services by improving our ability to

ensure that personal computers comply

with our standards.

2. Summary of the issues raised by the

public comments in response to the

Initial Regulatory Flexibility Analysis:

No commenting parties raised issues

specifically in response to the initial

regulatory flexibility analysis.

3. Significant alternatives considered:

None.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies).

47 CFR Part 2

Imports, Radio, Reporting and

recordkeeping requirements.

47 CFR Part 15

Computer technology, Reporting and

recordkeeping requirements.

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal

Regulations, Parts 0, 2 and 15 are

amended as follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for Part 0

continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

2. Section 0.241 is amended by

adding a new paragraph (g) to read as

follows:

§ 0.241 Authority delegated.

* * * * *

(g) The Chief of the Office of

Engineering and Technology is

authorized to enter into agreements with

the National Institute of Standards and

Technology and other accreditation

bodies to perform accreditation of test

laboratories pursuant to § 2.948(d) of

this chapter. In addition, the Chief is

authorized to make determinations

regarding the continued acceptability of

individual accrediting organizations and

accredited laboratories.

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: Sec. 4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 302, 303, and 307,

unless otherwise noted.

2. Section 2.805 is revised to read as

follows:

§ 2.805 Equipment that does not require

Commission approval.

In the case of a radio frequency device

that, in accordance with the rules in this

chapter, does not have to have a grant

of equipment authorization issued by

the Commission, e.g., a device subject to

verification or a Declaration of

Conformity, but, nevertheless, must

comply with specified technical

standards prior to use, no person shall

sell or lease, or offer for sale or lease

(including advertising for sale or lease),

or import, ship or distribute for the

purposes of selling or leasing or offering

for sale or lease, any such radio

frequency device unless, prior thereto,

such device complies with the

applicable administrative and technical

provisions (including verification or

Declaration of Conformity of the

equipment, where required) specified in

the Commission’s rules.

3. Section 2.901 is revised to read as

follows:

§ 2.901 Basis and purpose.

(a) In order to carry out its

responsibilities under the

Communications Act and the various

treaties and international regulations,

and in order to promote efficient use of

the radio spectrum, the Commission has

developed technical standards for radio

frequency equipment and parts or

components thereof. The technical

standards applicable to individual types

of equipment are found in that part of

the rules governing the service wherein

the equipment is to be operated. In

addition to the technical standards

provided, the rules governing the

service may require that such

equipment be verified by the

manufacturer or importer, be authorized

under a Declaration of Conformity, or

receive an equipment authorization

from the Commission by one of the

following procedures: type approval,

type acceptance, certification,

registration or notification.

(b) The following sections describe

the verification procedure, the

procedure for a Declaration of

Conformity, and the procedures to be

followed in obtaining type approval,

type acceptance, certification or

notification from the Commission and

the conditions attendant to such a grant.

4. A new § 2.906 is added to read as

follows:

§ 2.906 Declaration of Conformity.

(a) A Declaration of Conformity is a

procedure where the responsible party,

as defined in § 2.909, makes

measurements or takes other necessary

steps to ensure that the equipment

complies with the appropriate technical

standards. Submittal of a sample unit or

representative data to the Commission

demonstrating compliance is not

required unless specifically requested

pursuant to § 2.1076.

(b) The Declaration of Conformity

attaches to all items subsequently

marketed by the responsible party

which are identical, as defined in

§ 2.908, to the sample tested and found

acceptable by the responsible party.

5. Section 2.909 is amended by

revising the introductory text and by

adding a new paragraph (c) to read as

follows:

§ 2.909 Responsible party.

The following parties are responsible

for the compliance of radio frequency

equipment with the applicable

standards:

* * * * *

(c) In the case of equipment subject to

authorization under the Declaration of

Conformity procedure:

(1) The manufacturer or, if the

equipment is assembled from individual

component parts and the resulting

system is subject to authorization under

a Declaration of Conformity, the

assembler.

(2) If the equipment, by itself, is

subject to a Declaration of Conformity

and that equipment is imported, the

importer.

6. Section 2.913 is revised to read as

follows:

§ 2.913 Submittal of equipment

authorization application or information to

the Commission.

(a) Unless otherwise directed,

applications with fees attached for the

equipment authorization, pursuant to

§ 1.1103 of this chapter, must be

submitted to the Federal

Communications Commission,

Equipment Approval Services, P.O. Box

358315, Pittsburgh, PA 15251–5315. If

the applicant chooses to make use of an

air courier/package delivery service, the

following address must appear on the

outside of the package/envelope:
31046 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Federal Communications Commission,

c/o Mellon Bank, Three Mellon Bank

Center, 525 William Penn Way, 27th

floor, Room 153–2713, Pittsburgh,

Pennsylvania 15259–0001, attention:

Wholesale Lockbox Supervisor.

(b) Any information or equipment

samples requested by the Commission

pursuant to the provisions of subpart J

of this part shall, unless otherwise

directed, be submitted to the FCC,

Equipment Authorization Division,

7434 Oakland Mills Road, Columbia,

Maryland 21046.

7. The centered heading preceding

§ 2.927 is revised to read as follows:

Conditions Attendant to an Equipment

Authorization

8. Section 2.937 is revised to read as

follows:

§ 2.937 Equipment defect and/or design

change.

When a complaint is filed with the

Commission concerning the failure of

equipment subject to this chapter to

comply with pertinent requirements of

the Commission’s rules, and the

Commission determines that the

complaint is justified and arises out of

an equipment fault attributable to the

responsible party, the Commission may

require the responsible party to

investigate such complaint and report

the results of such investigation to the

Commission. The report shall also

indicate what action if any has been

taken or is proposed to be taken by the

responsible party to correct the defect,

both in terms of future production and

with reference to articles in the

possession of users, sellers and

distributors.

9. Section 2.945 is revised to read as

follows:

§ 2.945 Sampling tests of equipment

compliance.

The Commission will, from time to

time, request the responsible party to

submit equipment subject to this

chapter to determine the extent to

which subsequent production of such

equipment continues to comply with

the data filed by the applicant (or on file

with the responsible party for

equipment subject to notification or a

Declaration of Conformity). Shipping

costs to the Commission’s laboratory

and return shall be borne by the

responsible party.

10. Section 2.946 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 2.946 Penalty for failure to provide test

samples and data.

(a) Any responsible party, as defined

in § 2.909, or any party who markets

equipment subject to the provisions of

this chapter, shall provide test sample(s)

or data upon request by the

Commission. Failure to comply with

such a request with the time frames

shown below may be cause for

forfeiture, pursuant to § 1.80 of this

chapter, or other administrative

sanctions such as suspending action on

any applications for equipment

authorization submitted by such party

while the matter is being resolved.

(1) When the equipment is subject to

authorization under a Declaration of

Conformity, data shall be provided

within 14 days of delivery of the request

and test sample(s) shall be provided

within 60 days of delivery of the

request.

(2) For all other devices, test

sample(s) or data shall be provided

within 60 days of the request.

(b) In the case of equipment involving

harmful interference or safety of life or

property, the Commission may specify

that test samples subject to the

provisions of this section be submitted

within less than 60 days, but not less

than 14 days. Failure to comply within

the specified time period will be subject

to the sanctions specified in paragraph

(a) of this section.

* * * * *

11. Section 2.948 is amended by

adding new paragraphs (a)(3) and (d) to

read as follows:

§ 2.948 Description of measurement

facilities.

(a) * * *

(3) If the equipment is to be

authorized under a Declaration of

Conformity, the description of the

measurement facilities shall be retained

by the party performing the

measurements.

* * * * *

(d) If the equipment is to be

authorized under a Declaration of

Conformity, the party performing the

measurements shall be accredited for

performing such measurements by an

authorized accreditation body based on

the International Organization for

Standardization/International

Electrotechnical Commission (ISO/IEC)

Guide 25, ‘‘General Requirements for

the Competence of Calibration and

Testing Laboratories.’’ Accreditation

bodies must be approved by the FCC’s

Office of Engineering and Technology,

as indicated in § 0.241 of this chapter,

to perform such accreditation based on

ISO/IEC 58, ‘‘Calibration and Testing

Laboratory Accreditation Systems—

General Requirements for Operation and

Recognition.’’ The frequency for

revalidation of the test site and the

information required to be filed or

retained by the testing party shall

comply with the requirements

established by the accrediting

organization.

Note to paragraph (d): Parties that are

located outside of the United States or its

possessions will be accredited only if there

is a mutual recognition agreement between

that country and the United States that

permits similar accreditation of U.S. facilities

to perform testing for products marketed in

that country.

12. A new centered heading is added

following Section 2.1065, to read as

follows:

Declaration of Conformity

13. A new § 2.1071 is added following

the centered heading to read as follows:

Declaration of Conformity

§ 2.1071 Cross reference.

The general provisions of this subpart,

shall apply to equipment subject to a

Declaration of Conformity.

14. A new § 2.1072 is added to read

as follows:

§ 2.1072 Limitation on Declaration of

Conformity.

(a) The Declaration of Conformity

signifies that the responsible party, as

defined in § 2.909, has determined that

the equipment has been shown to

comply with the applicable technical

standards if no unauthorized change is

made in the equipment and if the

equipment is properly maintained and

operated. Compliance with these

standards shall not be construed to be

a finding by the responsible party with

respect to matters not encompassed by

the Commission’s rules.

(b) A Declaration of Conformity by the

responsible party is effective until a

termination date is otherwise

established by the Commission.

(c) No person shall, in any advertising

matter, brochure, etc., use or make

reference to a Declaration of Conformity

in a deceptive or misleading manner or

convey the impression that such a

Declaration of Conformity reflects more

than a determination by the responsible

party that the device or product has

been shown to be capable of complying

with the applicable technical standards

of the Commission’s rules.

15. A new § 2.1073 is added to read

as follows:

§ 2.1073 Responsibilities.

(a) The responsible party, as defined

in § 2.909, must warrant that each unit

of equipment marketed under a

Declaration of Conformity is identical to

the unit tested and found acceptable

with the standards and that the records

maintained by the responsible party
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31047

continue to reflect the equipment being

produced under the Declaration of

Conformity within the variation that can

be expected due to quantity production

and testing on a statistical basis.

(b) The responsible party, if different

from the manufacturer, may upon

receiving a written statement from the

manufacturer that the equipment

complies with the appropriate technical

standards rely on the manufacturer or

independent testing agency to

determine compliance. However, the

test records required by § 2.1075 shall

be in the English language and shall be

made available to the Commission upon

a reasonable request in accordance with

the provisions of § 2.1076.

(c) In the case of transfer of control of

the equipment, as in the case of sale or

merger of the responsible party, the new

responsible party shall bear the

responsibility of continued compliance

of the equipment.

(d) Equipment shall be retested to

demonstrate continued compliance with

the applicable technical standards if any

modifications or changes that could

adversely affect the emanation

characteristics of the equipment are

made by the responsible party. The

responsible party bears responsibility

for the continued compliance of

subsequently produced equipment.

(e) If any modifications or changes are

made by anyone other than the

responsible party for the Declaration of

Conformity, the party making the

modifications or changes, if located

within the U.S., becomes the new

responsible party. The new responsible

party must comply with all provisions

for the Declaration of Conformity,

including having test data on file

demonstrating that the product

continues to comply with all of the

applicable technical standards.

16. A new § 2.1074 is added to read

as follows:

§ 2.1074 Identification.

Devices subject only to a Declaration

of Conformity shall be uniquely

identified by the responsible party. This

identification shall not be of a format

which could be confused with the FCC

Identifier required on certified, notified,

type accepted or type approved

equipment. The responsible party shall

maintain adequate identification records

to facilitate positive identification for

each device.

17. A new § 2.1075 is added to read

as follows:

§ 2.1075 Retention of records.

(a) Except as shown in paragraph (b)

of this section, for each product subject

to a Declaration of Conformity, the

responsible party, as shown in § 2.909,

shall maintain the following records:

(1) A record of the original design

drawings and specifications and all

changes that have been made that may

affect compliance with the requirements

of § 2.1073.

(2) A record of the procedures used

for production inspection and testing (if

tests were performed) to insure the

conformance required by § 2.1073.

(Statistical production line emission

testing is not required.)

(3) A record of the measurements

made on an appropriate test site that

demonstrates compliance with the

applicable regulations. The record shall

contain:

(i) The actual date or dates testing was

performed;

(ii) The name of the test laboratory,

company, or individual performing the

testing. The Commission may request

additional information regarding the test

site, the test equipment or the

qualifications of the company or

individual performing the tests;

(iii) A description of how the device

was actually tested, identifying the

measurement procedure and test

equipment that was used;

(iv) A description of the equipment

under test (EUT) and support equipment

connected to, or installed within, the

EUT;

(v) The identification of the EUT and

support equipment by trade name and

model number and, if appropriate, by

FCC Identifier and serial number;

(vi) The types and lengths of

connecting cables used and how they

were arranged or moved during testing;

(vii) At least two photographs

showing the test set-up for the highest

line conducted emission and showing

the test set-up for the highest radiated

emission. These photographs must be

focused originals which show enough

detail to confirm other information

contained in the test report;

(viii) A description of any

modifications made to the EUT by the

testing company or individual to

achieve compliance with the

regulations;

(ix) All of the data required to show

compliance with the appropriate

regulations;

(x) The signature of the individual

responsible for testing the product along

with the name and signature of an

official of the responsible party, as

designated in § 2.909; and

(xi) A copy of the compliance

information, as described in § 2.1077,

required to be provided with the

equipment.

(b) If the equipment is assembled

using modular components that, by

themselves, are subject to authorization

under a Declaration of Conformity and/

or a grant of certification, and the

assembled product is also subject to

authorization under a Declaration of

Conformity but, in accordance with the

applicable regulations, does not require

additional testing, the assembler shall

maintain the following records in order

to show the basis on which compliance

with the standards was determined:

(1) A listing of all of the components

used in the assembly;

(2) Copies of the compliance

information, as described in § 2.1077 for

all of the modular components used in

the assembly;

(3) A listing of the FCC Identifier

numbers for all of the components used

in the assembly that are authorized

under a grant of certification;

(4) A listing of equipment

modifications, if any, that were made

during assembly; and

(5) A copy of any instructions

included with the components that were

required to be followed to ensure the

assembly of a compliant product, along

with a statement, signed by the

assembler, that these instructions were

followed during assembly. This

statement shall also contain the name

and signature of an official of the

responsible party, as designated in

§ 2.909.

(c) The records listed in paragraphs

(a) and (b) of this section shall be

retained for two years after the

manufacture or assembly, as

appropriate, of said equipment has been

permanently discontinued, or until the

conclusion of an investigation or a

proceeding if the responsible party is

officially notified that an investigation

or any other administrative proceeding

involving the equipment has been

instituted. Requests for the records

described in this section and for sample

units also are covered under the

provisions of § 2.946.

18. A new § 2.1076 is added to read

as follows:

§ 2.1076 FCC inspection and submission

of equipment for testing.

(a) Each responsible party, upon

receipt of a reasonable request, shall

submit to the Commission the records

required by § 2.1075 or one or more

sample units for measurements at the

Commission’s laboratory.

(b) Shipping costs to the

Commission’s Laboratory and return

shall be borne by the responsible party.

In the event the responsible party

believes that shipment of the sample to

the Commission’s Laboratory is

impractical because of the size or weight

of the equipment, or the power
31048 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

requirement, or for any other reason, the

responsible party may submit a written

explanation why such shipment is

impractical and should not be required.

19. A new § 2.1077 is added to read

as follows:

§ 2.1077 Compliance information.

(a) If a product must be tested and

authorized under a Declaration of

Conformity, a compliance information

statement shall be supplied with the

product at the time of marketing or

importation, containing the following

information:

(1) Identification of the product, e.g.,

name and model number;

(2) A statement, similar to that

contained in § 15.19(a)(3) of this

chapter, that the product complies with

part 15 of this chapters; and

(3) The identification, by name,

address and telephone number, of the

responsible party, as defined in § 2.909.

The responsible party for a Declaration

of Conformity must be located within

the United States.

(b) If a product is assembled from

modular components that, by

themselves, are authorized under a

Declaration of Conformity and/or a grant

of certification, and the assembled

product is also subject to authorization

under a Declaration of Conformity but,

in accordance with the applicable

regulations, does not require additional

testing, the product shall be supplied, at

the time of marketing or importation,

with a compliance information

statement containing the following

information:

(1) Identification of the modular

components used in the assembly. A

modular component authorized under a

Declaration of Conformity shall be

identified as specified in paragraph

(a)(1) of this section. A modular

component authorized under a grant of

certification shall be identified by name

and model number (if applicable) along

with the FCC Identifier number.

(2) A statement that the product

complies with part 15 of this chapter.

(3) The identification, by name,

address and telephone number, of the

responsible party who assembled the

product from modular components, as

defined in § 2.909. The responsible

party for a Declaration of Conformity

must be located within the United

States.

(4) Copies of the compliance

information statements for each

modular component used in the system

that is authorized under a Declaration of

Conformity.

(c) The compliance information

statement shall be included in the user’s

manual or as a separate sheet.

PART 15—RADO FREQUENCY

DEVICES

1. The authority citation for part 15

continues to read as follows:

Authority: Sec. 4, 302, 303, 304, and 307

of the Communications Act of 1934, as

amended, 47 U.S.C. Sections 154, 302, 303,

304, and 307.

2. Section 15.3 is amended by revising

paragraph (r) and adding a new

paragraph (bb) to read as follows:

§ 15.3 Definitions.

* * * * *

(r) Peripheral device. An input/output

unit of a system that feeds data into

and/or receives data from the central

processing unit of a digital device.

Peripherals to a digital device include

any device that is connected external to

the digital device, any device internal to

the digital device that connects the

digital device to an external device by

wire or cable, and any circuit board

designed for interchangeable mounting,

internally or externally, that increases

the operating or processing speed of a

digital device, e.g., ‘‘turbo’’ cards and

‘‘enhancement’’ boards. Examples of

peripheral devices include terminals,

printers, external floppy disk drives and

other data storage devices, video

monitors, keyboards, interface boards,

external memory expansion cards, and

other input/output devices that may or

may not contain digital circuitry. This

definition does not include CPU boards,

as defined in paragraph (bb) of this

section, even though a CPU board may

connect to an external keyboard or other

components.

* * * * *

(bb) CPU board. A circuit board that

contains a microprocessor, or frequency

determining circuitry for the

microprocessor, the primary function of

which is to execute user-provided

programming, but not including:

(1) A circuit board that contains only

a microprocessor intended to operate

under the primary control or instruction

of a microprocessor external to such a

circuit board; or

(2) A circuit board that is a dedicated

controller for a storage or input/output

device.

3. Section 15.19 is amended by

redesignating paragraph (b) as paragraph

(a)(4), by redesignating paragraph (c) as

paragraph (a)(5), by revising paragraphs

(a)(4) and (a)(5), and by adding new

paragraphs (b) and (c) to read as follows:

§ 15.19 Labelling requirements.

(a) * * *

(4) Where a device is constructed in

two or more sections connected by

wires and marketed together, the

statement specified under paragraph (a)

of this section is required to be affixed

only to the main control unit.

(5) When the device is so small or for

such use that it is not practicable to

place the statement specified under

paragraph (a) of this section on it, the

information required by this paragraph

shall be placed in a prominent location

in the instruction manual or pamphlet

supplied to the user or, alternatively,

shall be placed on the container in

which the device is marketed. However,

the FCC identifier or the unique

identifier, as appropriate, must be

displayed on the device.

(b) Products subject to authorization

under a Declaration of Conformity shall

be labelled as follows:

(1) The label shall be located in a

conspicuous location on the device and

shall contain the unique identification

described in Section 2.1074 of this

chapter and the following logo:

(i) If the product is authorized based

on testing of the product or system; or
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31049

(ii) If the product is authorized based on assembly using separately authorized components and the resulting product

is not separately tested.

(2) When the device is so small or for

such use that it is not practicable to

place the statement specified under

paragraph (b)(1) of this section on it,

such as for a CPU board or a plug-in

circuit board peripheral device, the text

associated with the logo may be placed

in a prominent location in the

instruction manual or pamphlet

supplied to the user. However, the

unique identification (trade name and

model number) and the logo must be

displayed on the device.

(3) The label shall not be a stick-on,

paper label. The label on these products

shall be permanently affixed to the

product and shall be readily visible to

the purchaser at the time of purchase, as

described in § 2.925(d) of this chapter.

‘‘Permanently affixed’’ means that the

label is etched, engraved, stamped,

silkscreened, indelibly printed, or

otherwise permanently marked on a

permanently attached part of the

equipment or on a nameplate of metal,

plastic, or other material fastened to the

equipment by welding, riveting, or a

permanent adhesive. The label must be

designed to last the expected lifetime of

the equipment in the environment in

which the equipment may be operated

and must not be readily detachable.

(c) [Reserved]

* * * * *

4. A new § 15.32 is added to read as

follows:

§ 15.32 Test procedures for CPU boards

and computer power supplies.

Power supplies and CPU boards used

with personal computers and for which

separate authorizations are required to

be obtained shall be tested as follows:

(a) CPU boards shall be tested as

follows:

(1) Testing for radiated emissions

shall be performed with the CPU board

installed in a typical enclosure but with

the enclosure’s cover removed so that

the internal circuitry is exposed at the

top and on at least two sides. Additional

components, including a power supply,

peripheral devices, and subassemblies,

shall be added, as needed, to result in

a complete personal computer system. If

the oscillator and the microprocessor

circuits are contained on separate

circuit boards, both boards, typical of

the combination that would normally be

employed, must be used in the test.

Testing shall be in accordance with the

procedures specified in § 15.31 of this

part. Under these test conditions, the

system under test shall not exceed the

radiated emission limits specified in

§ 15.109 by more than 3 dB;

(2) Unless the test in paragraph (a)(1)

of this section demonstrates compliance

with the limits in § 15.109, a second test

shall be performed using the same

configuration described in paragraph

(a)(1) but with the cover installed on the

enclosure. Testing shall be in

accordance with the procedures

specified in § 15.31. Under these test

conditions, the system under test shall

not exceed the radiated emission limits

specified in § 15.10; and

(3) The test demonstrating compliance

with the AC power line conducted

limits specified in § 15.107 shall be

performed in accordance with the

procedures specified in § 15.31 using a

enclosure, peripherals, power supply

and subassemblies that are typical of the

type with which the CPU board under

test would normally be employed.

(b) The power supply shall be tested

installed in an enclosure that is typical

of the type within which it would

normally be installed. Additional

components, including peripheral

devices, a CPU board, and

subassemblies, shall be added, as

needed, to result in a complete personal

computer system. Testing shall be in

accordance with the procedures

specified in § 15.31 and must

demonstrate compliance with all of the

standards contained in this part.

5. Section 15.37 is amended by

adding a new paragraph (g) to read as

follows:

§ 15.37 Transition provisions for

compliance with the rules.

* * * * *

(g) For CPU boards and power

supplies designed to be used with

personal computers: The manufacture

and importation of these products shall

cease on or before June 19, 1997 unless

these products have been authorized
31050 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

under a Declaration of Conformity or a

grant of certification, demonstrating

compliance with all of the provisions in

this part. Limited provisions, as detailed

in § 15.101(d), are provided to permit

the importation and manufacture of

these products subsequent to this date

where the CPU boards and/or power

supplies are marketed only to personal

computer equipment manufacturers.

6. Section 15.101 is amended by

revising the table in paragraph (a) and

revising paragraphs (c), (d), (e), and (f)

to read as follows:

§ 15.101 Equipment authorization of

unintentional radiators.

(a) * * *

Type of device Equipment authorization required

TV broadcast receiver Verification.

FM broadcast receiver.Verification.

CB receiver ............... Certification.

Superregenerative receiver.Certification.

Scanning receiver ..... Certification.

All other receivers

subject to Part 15.

Notification.

TV interface device ... Certification.

Cable system terminal device.Notification.

Stand-alone cable

input selector

switch.

Verification.

Class B personal

computers and peripherals.

Declaration of Conformity or Certification.

CPU boards and

power supplies

used with Class B

personal computers.

Declaration of Conformity or Certification.

Class B personal

computers assembled using authorized CPU boards or

power supplies.

Declaration of Conformity.

Class B external

switching power

supplies not used

with personal computers.

Verification.

Other Class B digital

devices & peripherals.

Verification.

Class A digital devices, peripherals &

external switching

power supplies.

Verification.

All other devices ....... Verification.

* * * * *

(c) Personal computers shall be

authorized in accordance with one of

the following methods:

(1) The specific combination of CPU

board, power supply and enclosure is

tested together and authorized under a

Declaration of Conformity or a grant of

certification;

(2) The personal computer is

authorized under a Declaration of

Conformity or a grant of certification,

and the CPU board or power supply in

that computer is replaced with a CPU

board or power supply that has been

separately authorized under a

Declaration of Conformity or a grant of

certification; or

(3) The CPU board and power supply

used in the assembly of a personal

computer have been separately

authorized under a Declaration of

Conformity or a grant of certification;

and

(4) Personal computers assembled

using either of the methods specified in

paragraphs (c)(2) or (c)(3) of this section

must, by themselves, also be authorized

under a Declaration of Conformity if

they are marketed. However, additional

testing is not required for this

Declaration of Conformity, provided the

procedures in § 15.102(b) are followed.

(d) Peripheral devices, as defined in

§ 15.3(r), shall be authorized under a

Declaration of Conformity, or a grant of

certification, or verified, as appropriate,

prior to marketing. Regardless of the

provisions of paragraphs (a) or (c) of this

section, if a CPU board, power supply,

or peripheral device will always be

marketed with a specific personal

computer, it is not necessary to obtain

a separate authorization for that product

provided the specific combination of

personal computer, peripheral device,

CPU board and power supply has been

authorized under a Declaration of

Conformity or a grant of certification as

a personal computer.

(1) No authorization is required for a

peripheral device or a subassembly that

is sold to an equipment manufacturer

for further fabrication; that

manufacturer is responsible for

obtaining the necessary authorization

prior to further marketing to a vendor or

to a user.

(2) Power supplies and CPU boards

that have not been separately authorized

and are designed for use with personal

computers may be imported and

marketed only to a personal computer

equipment manufacturer that has

indicated, in writing, to the seller or

importer that they will obtain a

Declaration of Conformity or a grant of

certification for the personal computer

employing these components.

(e) Subassemblies to digital devices

are not subject to the technical

standards in this part unless they are

marketed as part of a system in which

case the resulting system must comply

with the applicable regulations.

Subassemblies include:

(1) Devices that are enclosed solely

within the enclosure housing the digital

device, except for: power supplies used

in personal computers; devices included

under the definition of a peripheral

device in § 15.3(r); and personal

computer CPU boards, as defined in

§ 15.3(bb);

(2) CPU boards, as defined in

§ 15.3(bb), other than those used in

personal computers, that are marketed

without an enclosure or power supply;

and

(3) Switching power supplies that are

separately marketed and are solely for

use internal to a device other than a

personal computer.

(f) The procedures for obtaining a

grant of certification or notification and

for verification and a Declaration of

Conformity are contained in subpart J of

part 2 of this chapter.

7. A new § 15.102 is added to read as

follows:

§ 15.102 CPU boards and power supplies

used in personal computers.

(a) Authorized CPU boards and power

supplies that are sold as separate

components shall be supplied with

complete installation instructions.

These instructions shall specify all of

the installation procedures that must be

followed to ensure compliance with the

standards, including, if necessary, the

type of enclosure, e.g., a metal

enclosure, proper grounding techniques,

the use of shielded cables, the addition

of any needed components, and any

necessary modifications to additional

components.

(1) Any additional parts needed to

ensure compliance with the standards,

except for the enclosure, are considered

to be special accessories and, in

accordance with § 15.27, must be

marketed with the CPU board or power

supply.

(2) Any modifications that must be

made to a personal computer, peripheral

device, CPU board or power supply

during installation of a CPU board or

power supply must be simple enough

that they can be performed by the

average consumer. Parts requiring

soldering, disassembly of circuitry or

other similar modifications are not

permitted.

(b) Assemblers of personal computer

systems employing modular CPU boards

and/or power supplies are not required

to test the resulting system provided the

following conditions are met:

(1) Each device used in the system has

been authorized as required under this

part (according to § 15.101(e), some

subassemblies used in a personal

computer system may not require an

authorization);
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31051

(2) The original label and

identification on each piece of

equipment remain unchanged;

(3) Each responsible party’s

instructions to ensure compliance

(including, if necessary, the use of

shielded cables or other accessories or

modifications) are followed when the

system is assembled;

(4) If the system is marketed, the

resulting equipment combination is

authorized under a Declaration of

Conformity pursuant to § 15.101(c)(4)

and a compliance information

statement, as described in § 2.1077(b), is

supplied with the system. Marketed

systems shall also comply with the

labelling requirements in § 15.19 and

must be supplied with the information

required under §§ 15.21, 15.27 and

15.105; and

(5) The assembler of a personal

computer system may be required to test

the system and/or make necessary

modifications if a system is found to

cause harmful interference or to be

noncompliant with the appropriate

standards in the configuration in which

it is marketed (see §§ 2.909, 15.1,

15.27(d) and 15.101(e)).

[FR Doc. 96–14319 Filed 6–18–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Parts 22, 90, and 101

[WT Docket No. 95–70; FCC 96–223]

Routine Use of Signal Boosters

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has released

a Report and Order that permits

expanded use of signal boosters by

licensees without separate authorization

from the Commission. The rule

amendment is necessary to enable

licensees to use signal boosters without

obtaining a waiver of the rules. The

effect of this action is to reduce the

workload burden on both the applicant

and the Commission.

EFFECTIVE DATE: July 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Eugene Thomson, Private Wireless

Division, Wireless Telecommunications

Bureau, (202) 418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, WT Docket No. 95–70, FCC

96–223, adopted May 16, 1996, and

released June 5, 1996. The full text of

this Report and Order is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room 246, 1919 M Street N.W.,

Washington, D.C. The complete text

may be purchased from the

Commission’s copy contractor, ITS, Inc.,

2100 M St. N.W., Washington, D.C.

20037, telephone (202) 857–3800.

SUMMARY OF REPORT AND ORDER: The

Commission adopted a Notice of

Proposed Rule Making, 60 FR 33782,

June 29, 1995, proposing to expand the

use of signal boosters under Parts 22

and 90 and allow signal booster use

under Part 94 (now Part 101) for

multiple address systems (MAS)

operations. This Report and Order

permits licensees to use signal boosters

on Part 22 paging frequencies at 931–

932 MHz and the VHF one-way public

paging channels, on Part 90 private land

mobile frequencies above 150 MHz, and

on Part 101 MAS frequencies at 928–960

MHz. It establishes a 5 watt effective

radiated power limit, and allows

licensees to use signal boosters to

provide fill-in signal coverage without a

separate authorization. This rule

amendment allows licensees to improve

radio system efficiency at less cost and

without imposing an additional

licensing burden on either the licensee

or the Commission.

List of Subjects

47 CFR Part 22

Communications equipment, Radio.

47 CFR Part 90

Communications equipment, Radio.

47 CFR Part 101

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rules

Parts 22, 90, and 101 of Chapter I of

Title 47 of the Code of Federal

Regulations are amended as follows:

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for Part 22

continues to read as follows:

Authority: 47 U.S.C. 154, 303, unless

otherwise noted.

2. Section 22.99 is amended by

adding the definition for ‘‘Signal

booster’’ in alphabetical order to read as

follows:

§ 22.99 Definitions.

* * * * *

Signal booster. A stationary device

that automatically reradiates signals

from base transmitters without channel

translation, for the purpose of

improving the reliability of existing

service by increasing the signal strength

in dead spots.

* * * * *

3. Section 22.377 is amended by

revising the first sentence of the

introductory text to read as follows:

§ 22.377 Type-acceptance of transmitters.

Except as provided in paragraph (b) of

this section, transmitters used in the

Public Mobile Services, including those

used with signal boosters, in-building

radiation systems and cellular repeaters,

must be type-accepted for use in the

radio services regulated under this part.

* * *

* * * * *

4. A new § 22.527 is added to read as

follows:

§ 22.527 Signal boosters.

Licensees may install and operate

signal boosters on channels listed in

§ 22.531 only in accordance with the

provisions of § 22.165 governing

additional transmitters for existing

systems. Licensees must not allow any

signal booster that they operate to cause

interference to the service or operation

of any other authorized stations or

systems.

5. Section 22.535 is amended by

revising the introductory text and by

adding a new paragraph (f) to read as

follows:

§ 22.535 Effective radiated power limits.

The effective radiated power (ERP) of

transmitters operating on the channels

listed in § 22.531 must not exceed the

limits in this section.

* * * * *

(f) Signal boosters. The effective

radiated power of signal boosters must

not exceed 5 watts ERP under any

normal operating condition.

6. Section 22.537 is amended by

adding a new paragraph (h) to read as

follows:

§ 22.537 Technical channel assignment

criteria.

* * * * *

(h) Signal boosters on 931 MHz

channels. For the purpose of

compliance with § 22.165 and

notwithstanding paragraphs (e) and (f)

of this section, signal boosters operating

on the 931 MHz channels with an

antenna HAAT not exceeding 30 meters

(98 feet) are deemed to have as a service

contour a circle with a radius of 1.0

kilometer (0.6 mile) and as an

interfering contour a circle with a radius

of 10 kilometers (6.2 miles).