Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations 1285 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 12, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: November 23, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(345)(i)(C)(2) and 

(c)(350)(i)(E)to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(345) * * * 

(i) * * * 

(C) Ventura County Air Pollution 

Control District. 

(2) Rule 26, ‘‘New Source Review— 

General,’’ Rule 26.2, ‘‘New Source 

Review—Requirements,’’ Rule 26.3, 

‘‘New Source Review—Exemptions,’’ 

Rule 26.4, ‘‘New Source Review— 

Emissions Banking,’’ Rule 26.5, ‘‘New 

Source Review—Essential Public 

Service Bank,’’ and Rule 26.6, ‘‘New 

Source Review—Calculations,’’ 

originally adopted on October 22, 1991 

and now revised on March 14, 2006. 

* * * * * 

(350) * * * 

(i) * * * 

(E) Ventura County Air Pollution 

Control District. 

(1) Rule 26.1, ‘‘New Source Review— 

Definitions,’’ originally adopted on 

October 22, 1991 and now revised on 

November 14, 2006. 

* * * * * 

[FR Doc. 2010–153 Filed 1–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 07–101; FCC 09–64] 

Vehicle–Mounted Earth Stations 

(VMES) 

AGENCY: Federal Communications 

Commission. 

ACTION: Final Rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with Sections 25.132(b)(3), 

25.226(a)(6), (b), (c), (d)(1), and (d)(3) of 

the Commission’s rules, and that these 

rules will take effect as of the date of 

this notice. On November 4, 2009, the 

Commission published the summary 

document of the Report and Order, In 

the Matter of Amendment of Parts 2 and 

25 of the Commission’s Rules to 

Allocate Spectrum and Adopt Service 

Rules and Procedures to Govern the Use 

of Vehicle–Mounted Earth Stations in 

Certain Frequency Bands Allocated to 

the Fixed–Satellite Service, IB Docket 

No. 07–101, FCC 09–64, at 74 FR 57092. 

The Report and Order stated that the 

Commission will publish a notice in the 

Federal Register announcing when OMB 

approval for the rule sections which 

contain information collection 

requirements has been received and 


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1286 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations 

when the revised rules will take effect. 

This notice is consistent with the 

statement in the Report and Order. 

DATES: 47 CFR 25.132(b)(3), 

25.226(a)(6), (b), (c), (d)(1), and (d)(3) 

are effective on January 11, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Collins or Howard Griboff, 

Policy Division, International Bureau, 

FCC, (202) 418–1460 or via the Internet 

at: Kathleen.Collins@fcc.gov and 

Howard.Griboff@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on January 4, 

2010, OMB approved, for a period of 

three years, the information collection 

requirements contained in Sections 

25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), 

and (d)(3) of the Commission’s rules. 

The Commission publishes this notice 

to announce the effective date of these 

rules. If you have any comments on the 

burden estimates listed below, or how 

the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW., Washington, DC 20554. 

Please include OMB Control Number 

3060–1106 in your correspondence. The 

Commission also will accept your 

comments via the Internet if you send 

them to PRA@fcc.gov. 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). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

January 4, 2010, for the information 

collection requirements contained in the 

Commission’s rules at 47 CFR Sections 

25.132(b)(3), 25.226(a)(6), (b), (c), (d)(1), 

and (d)(3). Under 5 CFR 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060–1106 

and the total annual reporting burdens 

and costs for respondents are as follows: 

OMB Control Numbers: 3060–1106. 

OMB Approval Date: January 4, 2010. 

Expiration Date: December 31, 2012. 

Title: Licensing and Service Rules for 

Vehicle–Mounted Earth Stations 

(VMES). 

Form Number: Not Applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents/Responses: 

10 respondents; 10 responses. 

Estimated Hours per Response: 0.25 

hours – 24 hours per response. 

Frequency of Response: On occasion 

reporting requirements; Recordkeeping 

requirement; Third party disclosure 

requirement. 

Total Annual Burden: 322 hours. 

Total Annual Cost: $104,300. 

Obligation to Respond: Required to 

obtain or retain benefits. The 

Commission has statutory approval for 

the information collection requirements 

under Sections 1, 4(i), 4(j), 7(a), 301, 

303(c), 303(f), 303(g), 303(r), 303(y) and 

308 of the Communications Act of 1934, 

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

154(j), 157(a), 301, 303(c), 303(f), 303(g), 

303(r), 303(y), and 308. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

pertaining to the information collection 

requirements in this collection. 

Privacy Act Assessment: No 

impact(s). 

Needs and Uses: On July 31, 2009, the 

Federal Communications Commission 

(Commission) released a Report and 

Order and Order titled, ‘‘In the Matter of 

Amendment of Parts 2 and 25 of the 

Commission’s Rules to Allocate 

Spectrum and Adopt Service Rules and 

Procedures to Govern the Use of 

Vehicle–Mounted Earth Stations in 

Certain Frequency Bands Allocated to 

the Fixed–Satellite Service’’ (FCC 09– 

64), IB Docket No. 07–101(hereinafter 

referred to as ’’VMES Report and 

Order’’). The VMES Report and Order 

adopts Part 2 allocation rules and Part 

25 technical and licensing rules for a 

new domestic Ku–band VMES service. 

VMES service has the potential to 

deliver advanced mobile applications 

through satellite technology, including 

broadband, which will be beneficial for 

public safety and commercial purposes. 

The PRA information collection 

requirements contained in the VMES 

Report and Order are as follows: 

1. 47 CFR 25.132(b)(3) 

VMES applicant seeking to use 

antenna that does not meet standards of 

section 25.209(a) and (b), pursuant to 

procedures set out in section 25.226, 

shall submit manufacturer’s range test 

plots of antenna gain patterns. 

2. 47 CFR 26.226(a)(6) 

VMES licensee shall maintain and 

provide data (record of vehicle location, 

transmit frequency, channel bandwidth 

and satellite used for each relevant 

VMES transmitter) to Commission, 

NTIA, FSS operator, FS operator, or 

frequency coordinator within 24 hours 

upon request. 

3. 47 CFR 25.226(b)(1)(i) OR 47 CFR 

25.226(b)(1)(ii) 

(i) Any VMES applicant filing an 

application pursuant to paragraph (a)(1) 

of this section shall file three tables 

showing the off–axis EIRP level of the 

proposed earth station antenna in the 

direction of the plane of the GSO; the 

co–polarized EIRP in the elevation 

plane, that is, the plane perpendicular 

to the plane of the GSO; and cross– 

polarized EIRP. Each table shall provide 

the EIRP level at increments of 0.1° for 

angles between 0° and 10° off–axis, and 

at increments of 5° for angles between 

10° and 180° off–axis. 

OR 

4. (ii) A VMES applicant shall include 

a certification, in Schedule B, that the 

VMES antenna conforms to the gain 

pattern criteria of § 25.209(a) and (b), 

that, combined with the maximum 

input power density calculated from the 

EIRP density less the antenna gain, 

which is entered in Schedule B, 

demonstrates that the off–axis EIRP 

spectral density envelope set forth in 

paragraphs (a)(1)(i)(A) through 

(a)(1)(i)(C) of this section will be met 

under the assumption that the antenna 

is pointed at the target satellite. 

5. 47 CFR 25.226(b)(1)(iii) 

(iii) A VMES applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(A) of this section 

shall provide a certification from the 

equipment manufacturer stating that the 

antenna tracking system will maintain a 

pointing error of less than or equal to 

0.2° between the orbital location of the 

target satellite and the axis of the main 

lobe of the VMES antenna and that the 

antenna tracking system is capable of 

ceasing emissions within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 

the axis of the main lobe of the VMES 

antenna exceeds 0.5°. 

6. 47 CFR 25.226(b)(1)(iv)(A), (B) 

A VMES applicant proposing to 

implement a transmitter under 

paragraph (a)(1)(ii)(B) of this section 

shall: 

(A) declare, in its application, a 

maximum antenna pointing error and 

demonstrate that the maximum antenna 

pointing error can be achieved without 

exceeding the off–axis EIRP spectral– 

density limits in paragraph (a)(1)(i) of 

this section; and (B) demonstrate that 

the VMES transmitter can detect if the 

transmitter exceeds the declared 

maximum antenna pointing error and 

can cease transmission within 100 

milliseconds if the angle between the 

orbital location of the target satellite and 


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Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations 1287 

the axis of the main lobe of the VMES 

antenna exceeds the declared maximum 

antenna pointing error, and will not 

resume transmissions until the angle 

between the orbital location of the target 

satellite and the axis of the main lobe of 

the VMES antenna is less than or equal 

to the declared maximum antenna 

pointing error. 

7. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv) 

A VMES applicant proposing to 

implement a transmitter under 

paragraph (a)(2) of this section and 

using off–axis EIRP spectral–densities in 

excess of the levels in paragraph (a)(1)(i) 

of this section shall provide the 

following certifications and 

demonstration as exhibits to its earth 

station application: 

(i) A statement from the target satellite 

operator certifying that the proposed 

operation of the VMES has the potential 

to create harmful interference to satellite 

networks adjacent to the target 

satellite(s) that may be unacceptable. 

(ii) A statement from the target 

satellite operator certifying that the 

power–density levels that the VMES 

applicant provided to the target satellite 

operator are consistent with the existing 

coordination agreements between its 

satellite(s) and the adjacent satellite 

systems within 6° of orbital separation 

from its satellite(s). 

(iii) A statement from the target 

satellite operator certifying that it will 

include the power–density levels of the 

VMES applicant in all future 

coordination agreements. 

(iv) A demonstration from the VMES 

operator that the VMES system is 

capable of detecting and automatically 

ceasing emissions within 100 

milliseconds when the transmitter 

exceeds the off–axis EIRP spectral– 

densities supplied to the target satellite 

operator. 

8. 47 CFR 25.226(b)(3) 

A VMES applicant proposing to 

implement a VMES system under 

paragraph (a)(3) of this section and 

using variable power–density control of 

individual simultaneously transmitting 

co–frequency VMES earth stations in 

the same satellite receiving beam shall 

provide the following certifications and 

demonstration as exhibits to its earth 

station application: 

(i) The applicant shall make a detailed 

showing of the measures it intends to 

employ to maintain the effective 

aggregate EIRP–density from all 

simultaneously transmitting co– 

frequency terminals operating with the 

same satellite transponder at least 1 dB 

below the EIRP–density limits defined 

in paragraphs (a)(1)(i)(A)–(C) of this 

section. In this context the term 

‘‘effective’’ means that the resultant co– 

polarized and cross–polarized EIRP– 

density experienced by any GSO or 

non–GSO satellite shall not exceed that 

produced by a single VMES transmitter 

operating at 1 dB below the limits 

defined in paragraphs (a)(1)(i)(A)–(C) of 

this section. The International Bureau 

will place this showing on Public Notice 

along with the application. 

(ii) An applicant proposing to 

implement a VMES under (a)(3)(ii) of 

this section that uses off–axis EIRP 

spectral–densities in excess of the levels 

in paragraph (a)(3)(i) of this section 

shall provide the following 

certifications, demonstration and list of 

satellites as exhibits to its earth station 

application: 

(A) A detailed showing of the 

measures the applicant intends to 

employ to maintain the effective 

aggregate EIRP–density from all 

simultaneously transmitting co– 

frequency terminals operating with the 

same satellite transponder at the EIRP– 

density limits supplied to the target 

satellite operator. The International 

Bureau will place this showing on 

Public Notice along with the 

application. 

(B) A statement from the target 

satellite operator certifying that the 

proposed operation of the VMES has the 

potential to create harmful interference 

to satellite networks adjacent to the 

target satellite(s) that may be 

unacceptable. 

(C) A statement from the target 

satellite operator certifying that the 

aggregate power density levels that the 

VMES applicant provided to the target 

satellite operator are consistent with the 

existing coordination agreements 

between its satellite(s) and the adjacent 

satellite systems within 6° of orbital 

separation from its satellite(s). 

(D) A statement from the target 

satellite operator certifying that it will 

include the aggregate power–density 

levels of the VMES applicant in all 

future coordination agreements. 

(E) A demonstration from the VMES 

operator that the VMES system is 

capable of detecting and automatically 

ceasing emissions within 100 

milliseconds when an individual 

transmitter exceeds the off–axis EIRP 

spectral–densities supplied to the target 

satellite operator and that the overall 

system is capable of shutting off an 

individual transmitter or the entire 

system if the aggregate off–axis EIRP 

spectral–densities exceed those 

supplied to the target satellite operator. 

(F) An identification of the specific 

satellite or satellites with which the 

VMES system will operate. 

(iii) The applicant shall acknowledge 

that it will maintain sufficient statistical 

and technical information on the 

individual terminals and overall system 

operation to file a detailed report, one 

year after license issuance, describing 

the effective aggregate EIRP–density 

levels resulting from the operation of 

the VMES system. 

9. 47 CFR 25.226 (b)(4) 

There shall be an exhibit included 

with the application describing the 

geographic area(s) in which the VMESs 

will operate. 

10. 47 CFR 25.226(b)(5) 

Any VMES applicant filing for a 

VMES terminal or system and planning 

to use a contention protocol shall 

include in its application a certification 

that will comply with the requirements 

of paragraph (a)(4) of this section. 

11. 47 CFR 25.226(b)(6) 

Application shall include the point of 

contact with authority and ability to 

cease all emissions from VMES 

terminals, as required in paragraph 

(a)(5) of this section. 

12. 47 CFR 25.226 (b)(7) 

Any VMES applicant filing for a 

VMES terminal or system shall include 

in its application a certification that will 

comply with the requirements of 

paragraph (a)(6) of this section. 

13. 47 CFR 25.226 (b)(8) 

Applicant must submit a radio 

frequency hazard analysis to determine 

whether VMES terminals will produce 

power densities that will exceed the 

Commission’s radio frequency exposure 

criteria; applicant with terminals that 

exceed the guidelines in section 1.1310 

for radio frequency radiation exposure 

shall provide a plan for mitigation. 

14. 47 CFR 25.226(c)(1) 

Licensee shall notify the Commission 

after completing coordination with 

NASA and NTIA on current TDRSS 

sites. 

15. 47 CFR 25.226(c)(3) 

Licensee shall notify the Commission 

after completing coordination with 

NASA and NTIA on future TDRSS sites. 

16. 47 CFR 25.226(d)(1) 

Operations of VMES licensees in the 

14.47–14.5 frequency band are subject 

to coordination with the National 

Science Foundation (NSF) and licensee 

shall notify the Commission’s 

International Bureau and shall submit 

the coordination agreement once it has 

completed coordination with NSF for 

RAS sites listed in paragraph (d)(2) of 

this section. 

17. 47 CFR 25.226(d)(3) 

Licensee shall notify the International 

Bureau once it has completed 

coordination for any future RAS site and 

shall submit the coordination agreement 

once it has completed coordination with 

NSF. 

The information collection 

requirements accounted for in this 


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