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Home , Half Moon Beach, Possession Islands, PSK31, Svend Foyn

5406 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations

HSM 49 Concrete pillar erected by 1902 by Capt. Robert F. Scott’s ACTION: Final rule. the First Polish Expedition at Discovery Expedition. Dobrowski Station on Bunger Hill in HSM 70 Message post at Cape SUMMARY: This document amends the January 1959, to measure acceleration Wadworth, Coulman Island, erected Commission’s rules to facilitate more due to gravity. January 1902 by Capt. Robert F. Scott. efficient and effective use by the HSM 50 Brass Plaque bearing the HSM 71 Whalers Bay, Deception Service of five channels Polish Eagle at Fildes Peninsula, King Island, (includes in the 5330.5–5406.4 kHz band (the 60 George Island, South Shetland Islands. artifacts). meter band). Specifically, and HSM 51 Grave of Wlodzimierz HSM 72 Mikkelsen Cairn, Tryne consistent with our proposals in the Puchalski, surmounted by an iron cross Islands, Hills. Notice of Proposed Rulemaking in this south of Arctowski station on King HSM 73 Memorial Cross for the proceeding, the Commission replaces George Island, South Shetland Islands. 1979 crash victims, one of the channels with a less HSM 52 Monolith commemorating erected in January 1987 at , encumbered one, increases the the establishment on 20 February 1985 Ross Island. maximum authorized power amateur of the ‘‘Great Wall Station’’ on Fildes HSM 74 Unnamed cove on the stations may transmit in this band, and Peninsula, King George Island, South south-west coast of Elephant Island, authorizes amateur stations to transmit Shetland Islands. South Shetland Islands, including the three additional emission designators. HSM 53 Bust of Captain Luis foreshore and intertidal area, in which The Commission also adopts an Alberto Pardo, monolith and plaques on the wreckage of a large wooden sailing additional operational rule that , Elephant Island, South vessel is located. prohibits the use of automatically Shetland Islands. HSM 75 ‘‘A Hut’’ of , Pram controlled digital stations and makes HSM 54 Richard E. Byrd Historic Point, Ross Island. editorial revisions to the relevant HSM 76 Ruins of base Pedro Aguirre Monument, a bronze bust at McMurdo portions of the Table of Frequency Cerda, , Deception Station. Allocations (Allocation Table) and our Island, South Shetland Islands. HSM 55 , , service rules. HSM 77 , (Buildings and Commonwealth Bay, , DATES: Effective March 5, 2012. artifacts) erected by the Antarctic including Boat Harbour and the historic FOR FURTHER INFORMATION CONTACT: Tom Service Expedition (1939–1941) and the artifacts contained within its waters. Mooring, Office of Engineering and Ronne Antarctic Research Expedition HSM 78 Memorial Plaque at India Technology, 202–418–2450, (1947–1948). Point, Humboldt Mountains, Wohlthat [email protected]. HSM 56 , Danco Massif, central Dronning Maud Land. Coast, (remains of hut and environs). SUPPLEMENTARY INFORMATION: This is a HSM 79 Lillie Marleen Hut, Mt. summary of the Commission’s Report HSM 57 Plaque at ‘‘Yankee Bay’’ Dockery, Everett Range, Northern (), MacFarlane Strait, and Order, ET Docket No. 10–98, FCC . 11–171, adopted November 16, 2011 Greenwich Island, South Shetland HSM 80 Amundsen’s Tent erected and released November 18, 2011. The Islands. in December 1911 at the . HSM 59 Cairn on Half Moon Beach, HSM 81 Rocher du Debarquement full text of this document is available for , , South (Landing Rock). inspection and copying during normal Shetland Islands and a Plaque on ‘Cerro HSM 82 Monument to the Antarctic business hours in the FCC Reference Gaviota’ opposite Islets. Treaty and Plaques, Fildes Peninsula, Center (Room CY–A257), 445 12th HSM 60 Wooden plaque and cairn King George Island, South Shetland Street SW., Washington, DC 20554. The placed in November 1903 at ‘‘Penguins Islands. complete text of this document also may Bay,’’ (Marambio), HSM 83 Base ‘‘W’’ established in be purchased from the Commission’s James Ross Archipelago. 1956 at , Lallemande copy contractor, Best Copy and Printing, HSM 61 ‘‘Base A’’ at , Fjord, Loubert Coast. Inc., 445 12th Street SW., Room, CY– Goudier Island, off Wiencke Island. HSM 84 Hut erected in 1973 at B402, Washington, DC 20554. The full HSM 62 ‘‘Base F’’ (Wordie House), , Dorian Bay, Wiencke text may also be downloaded at: on Winter Island, Argentine Islands. Island, Palmer Archipelago. www.fcc.gov. People with Disabilities: HSM 63 ‘‘Base Y’’ on Horseshoe HSM 85 Plaque Commemorating the To request materials in accessible Island, Marguerite Bay, western Graham PM–3A Nuclear Power Plant at formats for people with disabilities Land. McMurdo Station. (braille, large print, electronic files, HSM 64 ‘‘Base E’’ on Stonington HSM 86 No.1 Building audio format), send an email to Island, Marguerite Bay, western Graham Commemorating China’s Antarctic [email protected] or call the Consumer & Land. Expedition at Great Wall/Station. Governmental Affairs Bureau at 202– HSM 65 Message post erected in [FR Doc. 2012–1392 Filed 2–2–12; 8:45 am] 418–0530 (voice), 202–418–0432 (tty). January 1895 on Svend Foyn Island, BILLING CODE 7555–01–P Summary of Report and Order Possession Islands. HSM 66 Prestrud’s cairn, Scott 1. On May 4, 2010, the Commission Nunataks, Alexandra Mountains, FEDERAL COMMUNICATIONS issued an NPRM in this proceeding, in Edward VII Peninsula erected in COMMISSION which it proposed to adopt the three December 1911. rule modifications requested by the HSM 67 Rock shelter known as 47 CFR Parts 2 and 97 American Radio Relay League (ARRL). ‘‘Granite House,’’ erected in 1911 at The Commission also identified and , Granite Harbour. [ET Docket No. 10–98; FCC 11–171] sought comment on four operational HSM 68 Site of depot at Hells Gate Amateur Radio Use of the Allocation at issues: (1) Would a transmission time Moraine, , Terra 5 MHz limit help ensure that amateur operators Nova Bay. transmitting the two data emissions HSM 69 Message post at Cape AGENCY: Federal Communications avoid causing harmful interference to Crozier, Ross Island, erected January Commission. Federal users in instances where

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Federal agencies exercise their primary make to use the replacement channel, that will accrue if it increase the power use of the 60 meter band, and if so, the Commission concludes that limit to 100 W PEP and that the record would 3 minutes be sufficient, or is proposed § 97.303(h) requires a de shows that the costs (i.e., the increased another limit more appropriate? (2) minimis adjustment. This action ensures potential for harmful interference) are Should amateur stations be permitted to that a large installed base of equipment minimal. The Commission specifically transmit emission types in addition to is not rendered technically out of rejects alternate options such as an even those proposed in the NPRM? (3) Would compliance under our modified rules. higher power increase or different a Voice-Operated Transmit (VOX) mode Accordingly, the Commission amends power limits for different of operation, which ARRL footnote US381 and § 97.303(h) by circumstances, because these options recommended that we require for removing 5368 kHz, by adding the would introduce added costs—a amateur operators transmitting phone center (assigned) frequency 5358.5 kHz, significantly greater interference emissions, increase the potential for and by defining the 60 meter band as potential and added regulatory interference because of its susceptibility the 5330.5–5406.4 kHz band; and also complexity—that would sharply reduce to keying a radio to transmit under high amends § 97.303(h) by adding carrier the overall benefits of the rule change. surrounding noise environments such as frequencies for each of the five channels 8. As part of its amendment of the might be found in an emergency in the 60 meter band that are 1.5 kHz transmitter power standard applicable operations center? (4) Should amateur below the center frequency. In addition, to the 60 meter band, the Commission operators that provide emergency the Commission renumbers footnote clarifies the second sentence in communications using the 60 meter US381 as US23 to be consistent with its § 97.313(i) by revising ‘‘dipole’’ to read band be encouraged to add a sound current numbering system for domestic ‘‘half-wave dipole antenna,’’ by card-generated Automatic Link footnotes that is based on frequency removing unnecessary text, and by Establishment (ALE) capability to their order. explicitly stating that a numeric gain of stations? 1 is equivalent to 0 dBd. The 2. The Commission first addresses the Power Increase Commission likewise corrects an errant three key rule changes identified in the 6. Section 97.313(i) states that no cross-reference in § 97.313(f) of its NPRM that can lead to more efficient station may transmit with an effective transmitter power rules that was and effective use of the 60 meter band radiated power (ERP) exceeding 50 W introduced when it recently combined by the Amateur Radio Service: replacing PEP on the 60 meter band and also two footnotes. one channel, increasing power limits, provides a simplified means of Additional Emissions and adding emission designators. The calculating ERP. In the NPRM, the Commission then discusses Commission proposed to increase the 9. Under the existing rules, only modifications to specific operational maximum ERP that amateur stations upper sideband voice transmissions are rules, including several matters where it may transmit on channels in the 60 permitted in the 60 meter band. In the concludes that it is unnecessary to meter band from 50 to 100 W PEP. NPRM, the Commission proposed to change the existing rules. Based on the record, the Commission authorize the use of three additional adopts its proposal. emission designators in the band: CW Replacement Channel 7. The Commission believes that the emission 150HA1A, which is Morse 3. In its petition, ARRL requested that examples cited by the commenters offer telegraphy by means of on-off keying, the Commission replace one of the five compelling reasons to support its and data emissions 2K80J2D and channels in the 60 meter band (5368 tentative conclusion that an increase in 60H0J2B. In § 97.307(f)(14)(i) of the kHz) with a channel (5358.5 kHz) that maximum power would serve to proposed rules, the Commission the National Telecommunications and facilitate many amateur radio restricts emission designator 2K80J2D to Information Administration (NTIA) has communications with minimal risk of data using PACTOR–III technique and identified. ARRL based its request on harmful interference. It also rejects emission designator 60H0J2B to data reports from amateur operators of requests for higher power limits, such as using PSK31 technique. The frequent interference from a digital 500 W PEP. There is no indication that Commission also sought comment on signal on the existing authorized a greater power limit would produce whether amateur stations could be channel. The Commission concludes substantially greater benefits or that any permitted to transmit emission types in that its proposal to replace the 5368 kHz increased potential for harmful addition to those requested by ARRL in channel with one centered on 5358.5 interference at this power limit has been the 60 meter band without increasing kHz will benefit amateur operations in fully considered. Additionally, the the likelihood of interference to primary the 60 meter band and adopts this rule Commission does not believe that it users. As discussed, the Commission change. would be useful to complicate the rules adopts its proposal to allow the use of 4. The Commission notes that three by establishing different power limits the three additional emission commenters suggest that the new for different circumstances, as some designators. channel should be an additional commenters suggest. Because the 10. Emission Designators. Our channel, not a replacement channel. minimal 50 W PEP increase does not proposal drew a wide range of Because the existing model of secondary significantly increase the potential for responses. Although the majority of amateur radio use of five channels is interference between stations, such a commenters fully or generally support acceptable to the primary Federal users distinction is not necessary or the proposals that the Commission in the 60 meter band and was the basis warranted. Just as with the existing 50 made in the NPRM, many commenters of the discussions between ARRL and W PEP power limit, a 100 W limit that expressed concerns about some or all of NTIA that formed the outline of our applies to all channels will be the proposed new emission designators. proposal, the Commission did not straightforward, easy to understand, and Commenters were most supportive of pursue this proposal. easy to apply. Thus, the Commission the proposed addition of emission 5. Finally, in considering those concludes that there is a tangible designators 150HA1A and 60H0J2B. By comments that discuss the adjustments benefit—greater communication contrast, the proposal to add emission that amateur radio operators and abilities that will enhance amateur type 2K80J2D proved much more equipment manufacturers will need to emergency communication activities— divisive. The record also includes a few

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commenters who are skeptical that the ‘‘same is true of 60H0J2B and which lists ‘‘Phone, RTTY, data’’ under additional emission types are 2K80J2D emissions, if careful manual the heading ‘‘Emission types appropriate for the 60 meter band. operating practices are used.’’ Moreover, authorized.’’ In addition, it amended 11. Finally, some commenters suggest ARRL commits to the necessary § 97.307 by adding new paragraph limiting some or all of the proposed dissemination of ‘‘best practices’’ (f)(14) to list the emission types and emissions to a specified channel or information to the amateur community designators and other restrictions. channels within the 60 meter band. on a timely basis and to the adoption Operational Requirements While the specific channel use and publication of a comprehensive proposals vary by commenter, there is a band plan for these channels that will 17. Transmission time limit. The general view among these commenters maintain maximum flexibility in Commission also sought comment on that such an approach would help offset Amateur use without interference. whether to adopt a rule addressing possible interference between emission Lastly, the Commission adopts certain transmission time limits. The existing types or that a specific channel/mode operational rules, which will serve to rules address station identification and assignment would promote efficiency. ensure that the new emission types are require each amateur station operating 12. Specific Techniques of the Data used in a manner that promotes on the 60 meter band to transmit its Emissions. Commenters strongly believe continued shared use of the band by all. assigned call sign on its transmitting that the use of the emission designators 15. The Commission declines to adopt channel at the end of each 60H0J2B and 2K80J2D should not be any emission designators beyond the communication, and at least every ten restricted to the specific techniques of three proposed in the NPRM. ARRL minutes during a communication, for PSK31 and PACTOR–III, respectively. states that its discussions with NTIA the purpose of making the source of the This approach differs from what was about the additional emission types transmissions from the station clearly proposed in the NPRM. were very specific and what was known. The Commission proposed, at a 13. The Commission adopts its endorsed by NTIA was very specifically minimum, to add a rule stating that proposal to authorize the use of three limited to the three additional emissions ‘‘[t]he control operator of a station additional emission designators in the requested in its petition and no others. transmitting data emissions must 60 meter band. These additional The Commission agrees that this is the exercise care to limit the length of capabilities can serve to enhance best course, as it is consistent with transmission so as to avoid causing amateur emergency communications existing understandings between harmful interference to United States and allow for greater experimentation in Federal and amateur radio interests. Government stations’’ but also asked the band, and it believes that doing so Similarly, it does not find it necessary whether codifying a specific time limit is in the public interest. We note, to modify the band plan by, for would help ensure that amateur however, that because ‘‘emission J2B’’ is example, requiring that certain emission licensees avoid causing harmful specifically defined in part 97 of our types be used on specified channels or interference to primary Federal users. rules to be a Radio Teletype (RTTY) during specified emergency events. The 18. The Commission declines to adopt emission, emission designator 60H0J2B Commission believes that ARRL and the a specific limit on transmission length must be codified as a RTTY emission in amateur community can work within and adopts the more general rule order to provide for consistency within the framework we establish to promote language that it proposed. Based on the part 97 of our rules. Accordingly, the continued cooperative use of the 60 clear history of successful amateur Commission authorizes control meter band and that the imposition of service sharing of the 60 meter band and operators to transmit the following such complex and burdensome channel the lack of a consensus among the additional emission types and and emission use restrictions is commenters, the Commission finds that designators in the 60 meter band: CW unnecessary. In sum, the additional there is no need to adopt a specific time emissions, limited to emission emission designators will benefit the limit. It believes that the existing station 150HA1A (i.e., telegraphy); amateur radio community by providing identification rule and the new rule text, data emissions, limited to emission new opportunities to use the 60 meter together with good amateur radio 2K80J2D (exemplified by PACTOR–III); band. While the Commission recognizes practice and the instruction and support and RTTY emissions, limited to that this added flexibility means that of ARRL (including its anticipated ‘‘best emission 60H0J2B (exemplified by some users could face reduced utility of practices’’ guide), will ensure that PSK31). the band for certain emission types, we amateur radio operators using the data 14. The Commission recognizes that are confident that any detrimental and RTTY emissions do not cause many commenters are concerned that impact can be avoided if the amateur harmful interference to primary Federal the addition of new emission types— radio community continues its legacy of users. Accordingly, the Commission data emission types in general and following best practices and exercising amends footnote US381 (renumbered PACTOR–III specifically—holds the risk sound judgment in sharing the available herein as US23) and of reducing the utility of these channels spectrum. § 97.307(f)(14)(ii)(B) by adding the for many amateurs, especially for those 16. Finally, the Commission agrees proposed sentences (except that RTTY who may not readily recognize data with commenters that limiting digital emissions are listed separately from data transmissions and may avoid use of the operation to a specific technique emissions). channels out of an abundance of discourages the further development of 19. Automatically Controlled Digital caution. The Commission concludes additional techniques, which may be Stations. Section 97.221(c) permits that there are ways to minimize any more efficient than those currently in automatic control of an amateur station potential disruption that the new use. Therefore, the Commission while transmitting a RTTY or data emission types could cause. ARRL notes authorizes an amateur station emission and § 97.109 states that when that amateur ‘‘stations typically utilize transmitting RTTY emission 60H0J2B or a station is being automatically relatively short transmissions in data emission 2K80J2D to use any controlled, the control operator is not telegraphy and are able to manually unspecified digital code, subject to the required to be at the control point. detect the presence of a non-Amateur requirements of § 97.309(b). The Commenters express concern that data signal within the channel bandwidth Commission amended § 97.305(c) by emissions—in particular, PACTOR–III— while operating in that mode’’ and that inserting the 60 meter band entry, may not effectively detect upper

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sideband (USB) emissions in progress 60H0J2B, respectively) may set the the inclusion of ALE on 60 meters is a and inhibit or cease transmissions when carrier frequency 1.5 kHz below the larger issue and ought to be addressed necessary when they are operating as center frequency, and that, for stations in a separate proceeding that considers automatic, unattended data stations. transmitting CW emissions (emission amateur ALE operation in general. The ARRL states that amateur stations designator 150HA1A), the carrier Commission further notes that ARRL typically utilize relatively short frequency is set to the center frequency. and local emergency management transmissions in telegraphy and are able 22. VOX Requirement. The agencies already have the latitude to to manually detect the presence of a Commission requested comment on encourage—and indeed require—that non-amateur signal within the channel whether amateur operators should be participants in specialized emergency bandwidth while operating in that mode required to use VOX in the phone communications programs (such as the and that the same would be true of emission mode, which ARRL stated Radio Amateur Civil Emergency Service 60H0J2B and 2K80J2D emissions, if would permit a Federal user to interrupt (RACES) and Amateur Radio Emergency careful ‘‘manual’’ operating practices are an amateur station’s transmission Service (ARES)) add a sound card- used. The Commission finds merit in quickly and easily without waiting for generated ALE capability to their the commenters’ concerns and an unpredictable end of the stations. Because there is no consensus concludes that ARRL’s underlying transmission. The Commission in the record, nor evidence that adding assumption that stations transmitting specifically sought comment on whether ALE will be beneficial in all situations, data emissions are not under automatic a VOX mode of operation might increase the Commission declines to make any control should be incorporated in the the potential for interference because of recommendation as to its use as part of Commission’s rules as part of its its susceptibility to keying a radio to this proceeding. decision to add new data emission transmit under high surrounding noise 26. Additional Issues Raised by types. The Commission’s prohibition on environments such as might be found in Commenters. Finally, the Commission automatically controlled stations will an emergency operations center. briefly discusses three issues raised by also help ensure that when Federal 23. The Commission agrees with the commenters that fall outside the scope agencies need to exercise their primary majority of commenters that improper of this proceeding, are not necessary to use of the 60 meter band frequencies, operation of VOX would cause grant the relief sought by ARRL, or that amateur licensees will be better increased interference, and it therefore are already provided for in our current positioned to avoid causing harmful declines to require the use of VOX by rules. Commenters request that the interference and it included this amateur stations transmitting a phone Commission investigate expanding the restriction in § 97.221(c). emission in the 60 meter band. 60 meter band allocation beyond the 20. Operation on Channel Centers. Moreover, amateur communications in five channels that are currently Section 97.303(h) currently requires that the 60 meter band already successfully allocated. The Commission notes that co-exist without a VOX requirement, amateur operators ensure that their NTIA has recently indicated that it and the Commission sees no reason why station’s transmission occupies only 2.8 cannot support ARRL’s request for a this cannot continue. The Commission kHz centered at each of the five center secondary amateur service allocation of will rely on control operators to choose frequencies. The NPRM proposed that, 50 kilohertz near 5 MHz, and it did not between PTT and VOX operations, for amateur stations transmitting CW propose such an action in the NPRM. based on their abilities, equipment, and emissions and PSK31 data emissions, One commenter recommends that, for operating conditions. the carrier frequency shall be set to the routine messages, any one transmission center frequency. NTIA has requested 24. ALE Capability. At the request of of the two digital mode emissions be that the Commission continue to restrict NTIA, the Commission solicited restricted to three hundred characters amateur service transmissions in this comment on whether amateur operators and that any one transmission of CW be manner. that provide emergency 21. The Commission adopts the center communications using the 60 meter restricted to 40 characters. No other frequency requirement as proposed in band should be encouraged to add a party raised this issue, it was not within the NPRM. Because the amateur service sound card generated ALE capability to the scope of the NPRM, and it is not operates in the 60 meter band on a their stations. ALE is a standard for directly germane to providing the relief secondary basis, the Commission pays initiating and sustaining sought by ARRL. Lastly, commenters particular attention to NTIA’s position communications using requested that the Commission allow and the interests of Federal agencies (HF) radio. antenna tuning transmissions. This type that have primary status in the band. 25. The Commission recognizes that of transmitting is already authorized The Commission concludes that ALE allows emergency control operators pursuant to § 97.305(b), which continuing to restrict amateur stations to to use multiple channels efficiently and authorizes amateur stations to transmit transmitting on the center frequencies reduces the time spent trying to connect test emissions on HF and MF will maintain the limited number of with another station. However, it also frequencies to, among other purposes, amateur operators using the five shares commenters’ concerns that there match transmitters to antennas. channels at any given time and provide is a potential for channel Final Regulatory Flexibility certainty as to where such operations monopolization due to periodic Certification can be found. By not upsetting the transmissions, which are not subject to expectations of the Federal users of the manual control, and that users who do 27. The Regulatory Flexibility Act of 1 band, it is confident that they will be not have ALE capability may have no 1980, as amended (RFA), requires that able to immediately reclaim these way of determining who is interfering an initial regulatory flexibility analysis frequencies from secondary amateur with their operation. ARRL takes no be prepared for notice and comment radio operations, if and when necessary. position on whether we should rulemaking proceedings, unless the Accordingly, the Commission amends encourage amateur operators to add ALE agency certifies that ‘‘the rule will not, § 97.303(h) to specify that control capability to their stations but does state 1 The RFA, see 5 U.S.C. 601–612, has been operators of stations transmitting phone, that it would not support modifying the amended by the Small Business Regulatory data, and RTTY emissions (emission Commission’s Rules to specifically Enforcement Fairness Act of 1996 (SBREFA), Public designators 2K80J3E, 2K80J2D, and require ALE. One commenter states that Law 104–121, Title II, 110 Stat. 857 (1996).

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if promulgated, have a significant in footnote US22 of the Allocation Table 303(c), 303(f), 303(g), and 303(r), this economic impact on a substantial (i.e., 5046.6, 5052.6, 5055.6, 5061.6, Report and Order is adopted and parts number of small entities.’’ 2 The RFA 5067.6, 5074.6, 5099.1, 5102.1, 5135, 2 and 97 of the Commission’s Rules are generally defines the term ‘‘small 5140, 5192, 5195, and 5313.6 kHz) and amended as set forth in Final Rules, entity’’ as having the same meaning as that none of these frequencies are effective March 5, 2012. the terms ‘‘small business,’’ ‘‘small within the 60 meter band. Therefore, we 36. The Commission’s Consumer and organization,’’ and ‘‘small governmental find that the 41 IG licensees are not Governmental Affairs Bureau, Reference jurisdiction.’’ 3 In addition, the term affected by the rule changes that we Information Center, shall send a copy of ‘‘small business’’ has the same meaning adopt today. this Report and Order, including the as the term ‘‘small business concern’’ 31. MC Licensees. With regard to the Final Regulatory Flexibility under the Small Business Act.4 A four MC licensees (Globe Wireless, Certification, to the Chief Counsel for ‘‘small business concern’’ is one which: CruiseEmail, XNet Yacht Association, Advocacy of the Small Business (1) Is independently owned and and Richard C Giddings), we note that Administration. operated; (2) is not dominant in its field only one licensee is authorized to of operation; and (3) satisfies any transmit within the allocated channel Report to Congress additional criteria established by the bandwidth of a 60 meter band 37. The Commission will send a copy Small Business Administration (SBA).5 frequency. Specifically, CruiseEmail is of the Report and Order, including this 28. In this Report and Order, the authorized (pursuant to call sign KDS) FRFA, in a report to Congress pursuant Commission amends the amateur to operate a public coast station (station to the Congressional Review Act.7 In service rules in order to replace one of class FC) in Olympia, Washington. We addition, the Commission will send a the channels in the 60 meter band with note that the necessary bandwidth copy of the Report and Order, including a less encumbered channel, to provide (5330–5332.8 kHz) of this primary this FRFA, to the Chief Counsel for for additional emission designators, and station overlaps the 5332 kHz channel Advocacy of the SBA.8 to increase the maximum authorized (5330.6–5333.4 kHz), which is allocated power. Because ‘‘small entities,’’ as to the amateur service on a secondary Ordering Clauses defined in the RFA, are not persons basis. List of Subjects in 47 CFR Parts 2 and eligible for licensing in the amateur 32. AF Licensees. With regard to the 97 service, the proposed changes to Part 97 sole AF licensee, we note that this do not apply to ‘‘small entities.’’ Rather, licensee (Aviation Spectrum Resources Communications equipment, Radio. they apply exclusively to individuals Inc) is authorized (pursuant to call sign Federal Communications Commission. who are the control operators of amateur KNE96) to operate at the Agana NAS Marlene H. Dortch, radio stations. Guam International Airport in Agana, Secretary. 29. As of April 1, 2011, the Guam. We further note that the Commission has issued the following necessary bandwidth (5370–5372.8 kHz) Final Rules types of licenses in the 5330.5–5406.4 of this primary aeronautical fixed kHz band (60 meter band): (1) 91 call For the reasons discussed in the station (station class AX) overlaps the preamble, the Federal Communications signs to 41 licensees in the 5373 kHz channel (5371.6–5374.4 kHz), Conventional Industrial/Business Pool Commission amends 47 CFR parts 2 and which is allocated to the amateur 97 to read as follows: Radio Service (IG); (2) five call signs to service on a secondary basis. four licensees in the Coastal Group 33. Accordingly, the Commission PART 2—FREQUENCY ALLOCATIONS Radio Service (MC); and (3) one call certifies that the rules adopted in this AND RADIO TREATY MATTERS; sign in the Aeronautical and Fixed Report and Order will not have a GENERAL RULES AND REGULATIONS Radio Service (AF). significant economic impact on a 30. IG Licensees. We note that, while substantial number of small entities. ■ 1. The authority citation for part 2 the 91 call signs list the 5005–5450 kHz The Commission will send a copy of continues to read as follows: band, these IG licensees are actually this Report and Order including a copy authorized to operate only on the 13 Authority: 47 U.S.C. 154, 302a, 303, and of this Final Regulatory Flexibility 336, unless otherwise noted. carrier frequencies (with a maximum Certification, to the Chief Counsel for necessary bandwidth of 2.8 kHz) listed Advocacy of the SBA.6 ■ 2. Section 2.106, the Table of Frequency Allocations, is amended to 1 The RFA, see 5 U.S.C. 601–612, has been Congressional Review Act read as follows. amended by the Small Business Regulatory ■ Enforcement Fairness Act of 1996 (SBREFA), Public 34. The Commission will send a copy a. Page 8 is revised. Law 104–121, Title II, 110 Stat. 857 (1996). of this Report and Order to Congress ■ b. In the list of United States (US) 2 5 U.S.C. 605(b). and the Government Accountability Footnotes, footnote US23 is added and 3 5 U.S.C. 601(6). Office pursuant to the Congressional footnote US381 is removed. 4 5 U.S.C. 601(3) (incorporating by reference the Review Act, see 5 U.S.C. 801(a)(1)(A). definition of ‘‘small business concern’’ in the Small § 2.106 Table of Frequency Allocations. Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. Ordering Clauses * * * * * 601(3), the statutory definition of a small business applies ‘‘unless an agency, after consultation with 35. Pursuant to Sections 4(i), 301, The additions and revisions read as the Office of Advocacy of the Small Business 302(a), 303(c), 303(f), 303(g), and 303(r) follows: Administration and after opportunity for public of the Communications Act of 1934, as BILLING CODE 6712–01–P comment, establishes one or more definitions of such term which are appropriate to the activities of amended, 47 U.S.C. 154(i), 301, 302a(a) the agency and publishes such definition(s) in the 7 See 5 U.S.C. 801(a)(1)(A). Federal Register.’’ 5 15 U.S.C. 632. 8 See 5 U.S.C. 604(b).

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BILLING CODE 6712–01–C United States (US) Footnotes

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* * * * * (c) Except for channels specified in their emissions do not occupy more US23 In the band 5330.5–5406.4 § 97.303(h), a station may be than 2.8 kHz centered on each of these kHz (60 m band), the assigned automatically controlled while center frequencies. frequencies 5332, 5348, 5358.5, 5373, transmitting a RTTY or data emission on and 5405 kHz are allocated to the any other frequency authorized for such 60 M BAND FREQUENCIES (KHZ) amateur service on a secondary basis. emission types provided that: Amateur service use of the 60 m band (1) The station is responding to Carrier Center interrogation by a station under local or frequencies is restricted to a maximum 5330.5 ...... 5332.0 effective radiated power of 100 W PEP remote control; and (2) No transmission from the 5346.5 ...... 5348.0 and to the following emission types and 5357.0 ...... 5358.5 designators: phone (2K80J3E), data automatically controlled station occupies a bandwidth of more than 500 5371.5 ...... 5373.0 (2K80J2D), RTTY (60H0J2B), and CW 5403.5 ...... 5405.0 Hz. (150HA1A). Amateur operators using ■ 5. Section 97.303 is amended by the data and RTTY emissions must (2) Amateur stations transmitting on revising paragraph (h) to read as exercise care to limit the length of the 60 m band must not cause harmful follows. transmissions so as to avoid causing interference to, and must accept harmful interference to Federal stations. § 97.303 Frequency sharing requirements. interference from, stations authorized * * * * * * * * * * by: (h) 60 m band: (1) In the 5330.5– (i) The United States (NTIA and FCC) PART 97—AMATEUR RADIO SERVICE 5406.4 kHz band (60 m band), amateur and other nations in the fixed service; stations may transmit only on the five and ■ 3. The authority citation for part 97 center frequencies specified in the table continues to read as follows: (ii) Other nations in the mobile except below. In order to meet this aeronautical mobile service. requirement, control operators of Authority: 48 Stat. 1066, 1082, as * * * * * amended: 47 U.S.C. 154, 303. Interpret or stations transmitting phone, data, and apply 48 Stat. 1064–1068, 1081–1105, as RTTY emissions (emission designators ■ 6. Section 97.305 is amended by amended; 47 U.S.C. 151–155, 301–609, 2K80J3E, 2K80J2D, and 60H0J2B, revising the table in paragraph (c) by unless otherwise noted. respectively) may set the carrier inserting the new entry ‘‘60 m’’ between ■ 4. Section 97.221 is amended by frequency 1.5 kHz below the center the ‘‘75 m’’ and ‘‘40 m’’ entries to read revising paragraph (c) to read as follows: frequency as specified in the table as follows. below. For CW emissions (emission § 97.305 Authorized emission types. § 97.221 Automatically controlled digital designator 150HA1A), the carrier station. frequency is set to the center frequency. * * * * * * * * * * Amateur operators shall ensure that (c) * * *

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

******* HF: 80 m ...... Entire band ...... RTTY, data ...... (3), (9). 75 m ...... Entire band ...... Phone, image ...... (1), (2). 60 m ...... 5.332, 5.348, 5.3585, 5.373 and 5.405 MHz ...... Phone, RTTY, data ...... (14). 40 m ...... 7.000–7.100 MHz ...... RTTY, data ...... (3), (9).

*******

■ 7. Section 97.307 is amended by (f) * * * additional restrictions that are specified adding paragraph (f)(14) to read as (14) In the 60 m band: in the table below (except that the use follows. of a narrower necessary bandwidth is (i) A station may transmit only phone, permitted): § 97.307 Emission standards. RTTY, data, and CW emissions using * * * * * the emission designators and any

60 M BAND EMISSION REQUIREMENTS

Emission type Emission designator Restricted to:

Phone ...... 2K80J3E ...... Upper sideband transmissions (USB). Data ...... 2K80J2D ...... USB (for example, PACTOR–III). RTTY ...... 60H0J2B ...... USB (for example, PSK31). CW ...... 150HA1A ...... Morse telegraphy by means of on-off keying.

(ii) The following requirements also (A) When transmitting the phone, suppressed carrier frequency may be set apply: RTTY, and data emissions, the as specified in § 97.303(h).

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(B) The control operator of a station DEPARTMENT OF COMMERCE subzone is 1,040,625 lb (472,020 kg) (50 transmitting data or RTTY emissions CFR 622.42(c)(1)(i)(A)(1)). must exercise care to limit the length of National Oceanic and Atmospheric In accordance with 50 CFR transmission so as to avoid causing Administration 622.44(a)(2)(i)(B)(2), beginning on harmful interference to United States February 1, if less than 75 percent of the Government stations. 50 CFR Part 622 Florida east coast subzone quota has been harvested by that date, king [Docket No. 001005281–0369–02] ■ 8. Section 97.313 is amended by mackerel in or from that subzone may revising paragraphs (f) and (i) to read as RIN 0648–XA974 be possessed on board or landed from a follows. permitted vessel in amounts not Fisheries of the Caribbean, Gulf of exceeding 75 fish per day. The 75-fish § 97.313 Transmitter power standards. Mexico, and South Atlantic; Coastal daily trip limit will continue until a Migratory Pelagic Resources of the * * * * * closure of the subzone’s fishery has Gulf of Mexico and South Atlantic; Trip been effected or the fishing year ends on (f) No station may transmit with a Limit Increase March 31. transmitter power exceeding 50 W PEP NMFS has determined that 75 percent AGENCY: on the UHF 70 cm band from an area National Marine Fisheries of the quota for Gulf group king specified in paragraph (a) of footnote Service (NMFS), National Oceanic and mackerel in the Florida east coast US270 in § 2.106, unless expressly Atmospheric Administration (NOAA), subzone will not be reached before authorized by the FCC after mutual Commerce. February 1, 2012. Accordingly, a 75-fish agreement, on a case-by-case basis, ACTION: Temporary rule; inseason trip trip limit applies to vessels in this between the District Director of the limit increase. fishery for king mackerel in or from the EEZ in the Florida east coast subzone applicable field facility and the military SUMMARY: NMFS increases the trip limit area frequency coordinator at the effective 12:01 a.m., local time, February in the commercial sector for king 1, 2012. The 75-fish trip limit will applicable military base. An Earth mackerel in the Florida east coast station or telecommand station, remain in effect until the fishery closes subzone to 75 fish per day in or from the or until the end of the current fishing however, may transmit on the 435–438 exclusive economic zone (EEZ). This MHz segment with a maximum of 611 season (March 31, 2012) for this trip limit increase is necessary to subzone. From November 1 through W effective radiated power (1 kW maximize the socioeconomic benefits of March 31, the Florida east coast subzone equivalent isotropically radiated power) the quota. of the Gulf group king mackerel is that without the authorization otherwise DATES: This rule is effective 12:01 a.m., part of the eastern zone north of 25°20.4′ required. The transmitting antenna local time, February 1, 2012, through N. lat. (a line directly east from the elevation angle between the lower half- March 31, 2012, unless changed by Miami-Dade County, FL, boundary). power (¥3 dB relative to the peak or further notification in the Federal antenna bore sight) point and the Register. Classification horizon must always be greater than 10°. This action responds to the best FOR FURTHER INFORMATION CONTACT: available information recently obtained * * * * * Susan Gerhart, telephone: (727) 824– from the fishery. The Assistant 5305, fax: (727) 824–5308, email: (i) No station may transmit with an Administrator for Fisheries, NOAA, [email protected]. effective radiated power (ERP) (AA) finds good cause to waive the exceeding 100 W PEP on the 60 m band. SUPPLEMENTARY INFORMATION: The requirement to provide prior notice and For the purpose of computing ERP, the fishery for coastal migratory pelagic fish opportunity for public comment transmitter PEP will be multiplied by (king mackerel, Spanish mackerel and pursuant to the authority set forth in 5 the antenna gain relative to a half-wave cobia) is managed under the Fishery U.S.C. 553(b)(B), as such prior notice dipole antenna. A half-wave dipole Management Plan for the Coastal and opportunity for public comment is antenna will be presumed to have a gain Migratory Pelagic Resources of the Gulf unnecessary and contrary to the public of 1 (0 dBd). Licensees using other of Mexico and South Atlantic (FMP). interest. Such procedures are antennas must maintain in their station The FMP was prepared by the Gulf of unnecessary because the rule itself records either the antenna Mexico and South Atlantic Fishery already has been subject to notice and manufacturer’s data on the antenna gain Management Councils (Councils) and is comment, and all that remains is to or calculations of the antenna gain. implemented under the authority of the notify the public of the trip limit Magnuson-Stevens Fishery * * * * * increase. Allowing prior notice and [FR Doc. 2012–2477 Filed 2–2–12; 8:45 am] Conservation and Management Act opportunity for public comment for this (Magnuson-Stevens Act) by regulations trip limit increase is contrary to the BILLING CODE 6712–01–P at 50 CFR part 622. public interest because it requires time, Based on the Councils’ recommended thus delaying fishermen’s ability to total allowable catch and the allocation catch more king mackerel than the ratios in the FMP, on April 30, 2001 (66 present trip limit allows and preventing FR 17368, March 30, 2001), NMFS fishermen from reaping the implemented a commercial quota of socioeconomic benefits derived from 2.25 million lb (1.02 million kg) for the this increase in daily catch. eastern zone (Florida) of the Gulf As this action allows fishermen to migratory group of king mackerel. That increase their harvest of king mackerel quota is further divided into separate from 50 fish to 75 fish per day in or quotas for the Florida east coast subzone from the EEZ of the Florida east coast and the northern and southern Florida subzone, the AA finds it relieves a west coast subzones. The quota restriction and may go into effect on its implemented for the Florida east coast effective date pursuant to 5 U.S.C.

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