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§ 180.910 Inert ingredients used pre- and maintained between interstitial and in the Report and Order not to allow post-harvest; exemptions from the incumbent stations and refines certain interstitial applicants to calculate requirement of a tolerance. technical elements of the interstitial contour values based on a matrix chart * * * * * channel rules. that LMCC proposes to maintain and DATES: Effective August 10, 2020. update on its website. Finally, LMCC Inert ingredients Limits Uses FOR FURTHER INFORMATION CONTACT: asks the Commission to modify a Brian Marenco, Policy and Licensing footnote in a short-spacing separation ***** Division, Public Safety and Homeland table added to the Commission’s rules Tetraethyl Not to exceed Binder. Security Bureau, (202) 418–0838. by the Report and Order. orthosilicate 2% by weight SUPPLEMENTARY INFORMATION: This is a 3. In its Order on Reconsideration, the (CAS Reg. of pesticide summary of the Commission’s Order on Commission modifies its rules to specify No. 78–10–4). formulations. Reconsideration, FCC 20–62, adopted that applications for interstitial ***** on May 11, 2020 and released on May channels do not need to conduct a 12, 2020. The complete text of this contour analysis if the distances in the document is available for inspection ■ 3. In § 180.930, amend the table by Commission’s co-channel spacing rules and copying during normal business are met or exceeded. It also updates its adding alphabetically under ‘‘Inert hours in the FCC Reference Information Ingredients’’ the term ‘‘Tetraethyl rules to include a revised matrix that Center, Portals II, 445 12th Street SW, uses contour values based on orthosilicate (CAS Reg. No. 78–10–4)’’ Room CY–A257, Washington, DC 20554. to read as follows: interference and not coverage to predict To request materials in accessible interference. The Commission once § 180.930 Inert ingredients applied to formats for people with disabilities again rejects LMCC’s request to allow animals; exemptions from the requirement (Braille, large print, electronic files, applicants to use a matrix posted on the of a tolerance. audio format), send an email to LMCC website rather than one codified * * * * * [email protected] or call the Consumer & in the Commission’s rules. Further, the Governmental Affairs Bureau at (202) Commission clarifies that applicants for Inert ingredients Limits Uses 418–0530 (voice), (202) 418–0432 interstitial channels should assume that (TTY). The complete text of the order incumbent stations are operating at the also is available on the Commission’s maximum permitted effective radiated ***** website at http://www.fcc.gov. Tetraethyl Not to exceed Binder. power associated with the station’s orthosilicate 2% by weight Synopsis licensed antenna height when (CAS Reg. of pesticide calculating the potential of the new 1. On October 22, 2018 (83 FR 61072 No. 78–10–4). formulations. station to cause interference to the (Nov. 27, 2018)), the Commission incumbent. Finally, the Commission released a Report and Order which ***** corrects a few clerical errors and created 318 new ‘‘interstitial’’ channels omissions in its rules. [FR Doc. 2020–13012 Filed 7–9–20; 8:45 am] in the 800 MHz Mid-Band to alleviate BILLING CODE 6560–50–P increased demand for spectrum capacity Procedural Matters from public safety and other Private Land Mobile Radio (PLMR) users. A. Final Regulatory Flexibility Analysis FEDERAL COMMUNICATIONS Following adoption of the Report and 4. The Regulatory Flexibility Act of COMMISSION Order, the Land Mobile 1980, as amended (RFA), requires that Communications Council (LMCC) filed an agency prepare a regulatory 47 CFR Part 90 a petition for reconsideration on flexibility analysis for notice and December 27, 2018 seeking modification comment rulemakings, unless the [WP Docket No. 15–32, RM–11572; FCC 20– and clarification of some of the 62; FRS 16797] agency certifies that ‘‘the rule will not, technical rules for coordinating if promulgated, have a significant interstitial channel applications. Creation of Interstitial 12.5 Kilohertz economic impact on a substantial 2. In its petition, LMCC asks the Channels in the 800 MHz Band number of small entities.’’ A Final Commission to clarify or reconsider four Between 809–817/854–862 MHz Regulatory Flexibility Certification on aspects of the contour overlap analysis the economic impact of the rule changes AGENCY: Federal Communications required by the PLMR Report and Order. Commission. First, LMCC asks the Commission to adopted in the order is set forth in Appendix A of the Order on ACTION: Final rule. clarify in its rules that applicants need not perform contour overlap analysis if Reconsideration. SUMMARY: In this document, the the spacing between stations meets or B. Paperwork Reduction Act of 1995 Commission grants in part and denies in exceeds co-channel distance separation Analysis part a petition for reconsideration criteria specified in the rules. Second, seeking modification and clarification of LMCC asks the Commission to permit 5. The Order on Reconsideration certain technical rules adopted in a interstitial applicants to use the contains no new information collection 2018 Report and Order for coordinating proposed station’s coverage contour requirements subject to the Paperwork interstitial channels in the 809–817/ rather than its interference contour to Reduction Act of 1995 (PRA), Public 854–862 MHz band (800 MHz Mid- predict the area in which the station is Law 104–13. The Commission’s Band). In particular, the document likely to cause interference. Although Consumer and Governmental Affairs allows some applicants for interstitial the Commission rejected this proposal Bureau, Reference Information Center, applications to streamline their in the Report and Order, LMCC asks the will send a copy of the Order on applications, clarifies standards for Commission to revisit that Reconsideration to the Chief Counsel for calculating interference contours that determination. Third, LMCC urges the Advocacy of the Small Business define the distances that must be Commission to reconsider its decision Administration.

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C. Congressional Review Act applications had they relied on Federal Communications Commission. 6. The Commission has determined, inaccurate information in the rules. Marlene Dortch, and the Administrator of the Office of 10. The Commission determined that Secretary. Information and Regulatory Affairs, the impact on the entities affected by Final Rules Office of Management and Budget, the rule change will be not significant. concurs that this rule is non-major The effect is to allow those entities, For the reasons discussed in the under the Congressional Review Act, 5 including small entities, greater preamble, the Federal Communications U.S.C. 804(2). The Commission will understanding of the essentials of filing Commission amends 47 CFR part 90 as send a copy of this Order on an application for Mid-Band channels follows: Reconsideration to Congress and the and avoidance of unnecessary effort Government Accountability Office associated with provision of contour PART 90—PRIVATE LAND MOBILE RADIO SERVICES pursuant to 5 U.S.C. 801(a)(1)(A). analyses. The reduction in paperwork, application processing time, and Final Regulatory Flexibility ■ 1. The authority citation for part 90 Certification regulatory delays will be beneficial to small businesses as well as to all continues to read as follows: 7. The Regulatory Flexibility Act of affected entities. Authority: 47 U.S.C. 154(i), 161, 303(g), 1980, as amended (RFA), requires that a 303(r), 332(c)(7), 1401–1473. 11. The Commission therefore regulatory flexibility analysis be certifies that the requirements of the ■ prepared for notice-and-comment 2. Amend § 90.617 by revising Table rulemaking proceedings, unless the Order on Reconsideration will not have 1A in paragraph (a)(2), Table 1B in agency certifies that ‘‘the rule will not, a significant economic impact on a paragraph (a)(3), Table 2A in paragraph if promulgated, have a significant substantial number of small entities. (b)(1), and Table 2B in paragraph (b)(2) economic impact on a substantial The Commission will send a copy of the to read as follows: Order on Reconsideration including a number of small entities.’’ The RFA § 90.617 Frequencies in the 809.750–824/ generally defines the term ‘‘small copy of this Final Regulatory Flexibility 854.750–869 MHz, and 896–901/935–940 entity’’ as having the same meaning as Certification, in a report to Congress MHz bands available for trunked, the terms ‘‘small business,’’ ‘‘small pursuant to the Congressional Review conventional or cellular system use in non- organization,’’ and ‘‘small governmental Act. In addition, the Order on border areas. jurisdiction.’’ In addition, the term Reconsideration and this final * * * * * certification will be sent to the Chief ‘‘small business’’ has the same meaning (a) * * * Counsel for Advocacy of the SBA and as the term ‘‘small business concerns’’ (2) * * * under the Small Business Act. A ‘‘small will be published in the Federal Register. business concern’’ is one that: (1) Is TABLE 1A—PUBLIC SAFETY POOL independently owned and operated; (2) Ordering Clauses 806–813.5/851–858.5 MHZ BAND is not dominant in its field of operation; CHANNELS FOR COUNTIES IN and (3) satisfies any additional criteria 12. Accordingly, it is ordered, established by the Small Business pursuant to the authority contained in SOUTHEASTERN U.S. Administration (SBA). sections 4(i), 303(g), 303(r), and 405 of [138 Channels] 8. An Initial Regulatory Flexibility the Communications Act of 1934, as Analysis (IRFA) was incorporated in the amended, 47 U.S.C. 154(i), 303(g), Group No. Channel Nos. Notices of Proposed Rulemaking 303(r), 405, § 1.429 of the Commission’s 261 ...... 261–313–324–335–353 (NPRMs) released in these proceedings. rules, 47 CFR 1.429, and 553(b)(3)(B) of 261a ...... 261a–313a–324a–335a–353a The Commission sought written public the Administrative Procedure Act, 5 262 ...... 262–314–325–336–354 comment on the proposals in the U.S.C. 553(b)(3)(B) that the Petition for 262a ...... 262a–314a–325a–336a–354a NPRMs, including comment on the Reconsideration filed December 27, 265 ...... 265–285–315–333–351 IRFAs. No comments were filed 2018, by the Land Mobile 265a ...... 265a–285a–315a–333a–351a addressing the IRFAs. A Final Communications Council is granted to 266 ...... 266–286–316–334–352 Regulatory Flexibility Analysis (FRFA) the extent discussed herein and in all 266a ...... 266a–286a–316a–334a–352a was incorporated in the PLMR Report other respects is denied. 269 ...... 269–289–311–322–357 and Order released in October 2018, 269a ...... 269a–289a–311a–322a–357a 13. It is further ordered, pursuant to 270 ...... 270–290–312–323–355 which is subject to review in the Order § 1.103 of the Commission’s rules, 47 270a ...... 270a–290a–312a–323a–355a on Reconsideration. CFR 1.103, that the amendments to the 271 ...... 271–328–348–358–368 9. In the Order on Reconsideration, Commission’s rules as set forth hereof 271a ...... 271a–328a–348a–358a–368a the Commission clarified that Mid-Band are adopted, effective 30 days after date 279 ...... 279–299–317–339–359 applicants need not conduct contour of publication in the Federal Register. 279a ...... 279a–299a–317a–339a–359a analyses if their spacing to co- or 280 ...... 280–300–318–340–360 adjacent- channel stations exceeds the 14. It is further ordered that the 280a ...... 280a–300a–318a–340a–360a minimum co-channel spacing criteria in Commission’s Consumer and 309 ...... 309–319–329–349–369 the Commission’s rules. It also corrected Governmental Affairs Bureau, Reference 309a ...... 309a–319a–329a–349a–369a Information Center, shall send a copy of 310 ...... 310–320–330–350–370 duplicate channel listings in the rules, 310a ...... 310a–320a–330a–350a supplied channels that were this Order on Reconsideration, including the Final Regulatory 321 ...... 321–331–341–361–372 inadvertently omitted and deleted 321a ...... 321a–331a–341a–361a channels that should not have been Flexibility Certification, to the Chief Single 326, 327, 332, 337, 338, 342, included. In so doing the Commission Counsel for Advocacy of the Small Chan- 343, 344, 345, 356, 326a, reduced burdens for potential Business Administration. nels. 327a, 332a, 337a, 338a, 342a, 343a, 344a, 345a, 356a applicants who otherwise would have to List of Subjects in 47 CFR Part 90 perform unneeded contour analyses and could have been required to amend their Radio. (3) * * *

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TABLE 1B—PUBLIC SAFETY POOL TABLE 2A—BUSINESS/INDUSTRIAL/ § 90.619 Operations within the U.S./Mexico 806–813.5/851–858.5 MHZ BAND LAND TRANSPORTATION POOL 806– and U.S./Canada border areas. CHANNELS FOR ATLANTA, GA 813.5/851–858.5 MHZ BAND FOR (a) * * * (5) Channels in the Sharing Zone are CHANNELS IN SOUTHEASTERN [138 Channels] available for licensing as indicated in U.S.—Continued Table A3 to this paragraph (a)(5). Group No. Channel Nos. [137 Channels] TABLE A3—ELIGIBILITY REQUIREMENTS 261 ...... 261–313–324–335–353 Channel Nos. 261a ...... 261a–313a–324a–335a–353a FOR CHANNELS IN SHARING ZONE 262 ...... 262–314–325–336–354 263a, 264a, 267a, 268a, 272a, 262a ...... 262a–314a–325a–336a–354a 273a, 274a, 275a, 276a, Channels Eligibility requirements 269 ...... 269–289–311–322–357 277a, 278a, 281a, 282a, 1–230 ...... Report and Order in Gen. Dock- 283a, 284a, 287a, 288a, 269a ...... 269a–289a–311a–322a–357a et No. 87–112. 291a, 292a, 293a, 294a, 270 ...... 270–290–312–323–355 231–315a Public Safety Pool. 295a, 296a, 297a, 298a, 270a ...... 270a–290a–312a–323a–355a 316–550 ... General Category. 301a, 302a, 303a, 304a, 279 ...... 279–299–319–339–359 551–830 ... Special Mobilized Radio for 800 305a, 306a, 307a, 308a, 279a ...... 279a–299a–319a–339a–359a MHz High Density Cellular. 346a, 347a, 362a, 363a, 280 ...... 280–300–320–340–360 364a, 365a, 366a, 367a, 280a ...... 280a–300a–320a–340a–360a 379a, 380a, 381a, 382a, * * * * * 285 ...... 285–315–333–351–379 383a, 384a, 385a, 386a, (ii) Channels 231–315a are available 285a ...... 285a–315a–333a–351a–379a 387a, 388a, 389a, 390a, to applicants eligible in the Public 286 ...... 286–316–334–352–380 391a, 392a, 393a, 394a, Safety Category which consists of 286a ...... 286a–316a–334a–352a–380a 399a, 400a, 401a, 402a, licensees eligible in the Public Safety 309 ...... 309–329–349–369–389 403a, 404a, 405a, 406a, Pool of subpart B of this part. 800 MHz 309a ...... 309a–329a–349a–369a–389a 407a, 408a, 409a high density cellular systems as defined 310 ...... 310–330–350–370–390 in § 90.7 are prohibited on these 310a ...... 310a–330a–350a–370a (2) * * * channels. 321 ...... 321–331–341–361–381 * * * * * 321a ...... 321a–331a–341a–361a–381a TABLE 2B—BUSINESS/INDUSTRIAL/ ■ 4. Amend § 90.621 by revising 328 ...... 328–348–358–368–388 LAND TRANSPORTATION POOL 806– 328a ...... 328a–348a–358a–368a–388a paragraphs (b) introductory text, (d) 813.5/851–858.5 MHZ BAND FOR Single 317, 318, 326, 327, 332, 337, introductory text, and (d)(1) through (3) Chan- 338, 356, 371, 372 CHANNELS IN ATLANTA, GA to read as follows. nels. 317a, 318a, 326a, 327a, 332a, [137 Channels] § 90.621 Selection and assignment of 337a, 338a, 356a, 371a frequencies. Channel Nos. * * * * * (b) * * * Single 263, 264, 265, 266, 267, 268, (b) Stations authorized on frequencies (1) * * * Chan- 271, 272, 273, 274, 275, 276, listed in this subpart, except for those nels. 277, 278, 281, 282, 283, 284, stations authorized pursuant to TABLE 2A—BUSINESS/INDUSTRIAL/ 287, 288, 291, 292, 293, 294, paragraph (g) of this section and EA- LAND TRANSPORTATION POOL 806– 295, 296, 297, 298, 301, 302, based and MTA-based SMR systems, 303, 304, 305, 306, 307, 308, will be assigned co-channel frequencies 813.5/851–858.5 MHZ BAND FOR 342, 343, 344, 345, 346, 347, CHANNELS IN SOUTHEASTERN U.S. solely on the basis of distance between 362, 363, 364, 365, 366, 367, fixed stations. In addition, contour [137 Channels] 382, 383, 384, 385, 386, 387, 391, 392, 393, 394, 399, 400, overlap as detailed in paragraph (d) of this section will be the basis for Channel Nos. 401, 402, 403, 404, 405, 406, 407, 409, 410 geographic separation between fixed Single 263, 264, 267, 268, 272, 273, 263a, 264a, 265a, 266a, 267a, stations operating on adjacent-channel Chan- 274, 275, 276, 277, 278, 281, 268a, 271a, 272a, 273a, frequencies in the 809–817 MHz/854– nels. 282, 283, 284, 287, 288, 291, 274a, 275a, 276a, 277a, 862 MHz sub-band, except where such 292, 293, 294, 295, 296, 297, 278a, 281a, 282a, 283a, fixed stations meet the distance 298, 301, 302, 303, 304, 305, 284a, 287a, 288a, 291a, separation criteria set out in this 306, 307, 308, 346, 347, 362, 292a, 293a, 294a, 295a, paragraph (b). 363, 364, 365, 366, 367, 379, 296a, 297a, 298a, 301a, 302a, 303a, 304a, 305a, * * * * * 380, 381, 382, 383, 384, 385, (d) Geographic separation between 386, 387, 388, 389, 390, 391, 306a, 307a, 308a, 342a, 392, 393, 394, 399, 400, 401, 343a, 344a, 345a, 346a, fixed stations operating on adjacent 402, 403, 404, 405, 406, 407, 347a, 362a, 363a, 364a, channels in the 809–817/854–862 MHz 408, 409, 410 365a, 366a, 367a, 382a, Mid-Band segment must be based on 383a, 384a, 385a, 386a, lack of contour overlap as detailed in 387a, 391a, 392a, 393a, paragraphs (d)(1) through (4), unless the 394a, 399a, 400a, 401a, co-channel distance separation criteria 402a, 403a, 404a, 405a, 406a, 407a, 409a in paragraph (b) of this section are met. (1) Forward contour analysis. An * * * * * applicant seeking to license a fixed station on a channel in the 809–817 ■ 3. Amend § 90.619 by revising MHz/854–862 MHz band segment will paragraph (a)(5) introductory text and only be granted if the applicant’s paragraph (a)(5)(ii) to read as follows: proposed interference contour creates

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no overlap with the 40 dBu F(50,50) analysis. Under the reciprocal analysis, described in paragraphs (d)(1) and (2) of contour of an incumbent operating a the interference contour, F(50,10) of an this section are determined using Table fixed station on an upper- or lower- incumbent operating a fixed station on 4 or Table 5 to this paragraph (d)(3). adjacent channel. The applicant’s an upper- or lower-adjacent channel Table 4 is used to determine the interference contour is determined must create no contour overlap with the interference contour F(50,10) level of a using the dBu level listed in the proposed 40 dBu F(50,50) contour of the fixed station operating on a 12.5 appropriate table in paragraph (d)(3) of applicant’s fixed station. The kilohertz bandwidth channel while this section. For this analysis the incumbent’s interference contour is Table 5 is used to determine the applicant shall plot the interference determined using the dBu level listed in interference contour F(50,10) level of a contour of its proposed fixed station at the appropriate table in paragraph (d)(3) fixed station operating on a 25 kilohertz its proposed ERP but assume that any of this section. For this analysis the bandwidth channel. The dBu level of adjacent-channel incumbent licensee is applicant shall plot the coverage operating at the maximum permitted contour of its fixed station, F(50,50), at the interference contour is determined ERP for the licensed antenna height. its proposed ERP and antenna height by cross-referencing the modulation (2) Reciprocal contour analysis. In above average terrain but plot the type of the station operating on the 25 addition to the contour analysis interference contour, F(50,10), of any kilohertz bandwidth channel with the described in paragraph (d)(1) of this adjacent-channel incumbent licensee at modulation type of the station operating section, any applicant seeking to license its maximum permitted ERP for the on the 12.5 kilohertz bandwidth a fixed station on a channel in the 809– licensed antenna height. channel. 817 MHz/854–862 MHz band segment (3) Contour matrix. Interference BILLING CODE 6712–01–P must also pass a reciprocal contour contour levels for the contour analysis

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* * * * * SURFACE TRANSPORTATION BOARD SUMMARY: The Surface Transportation [FR Doc. 2020–12007 Filed 7–9–20; 8:45 am] Board (STB or Board) is issuing this BILLING CODE 6712–01–C 49 CFR Chapter X policy statement to provide the public with information on factors the Board [Docket No. EP 764] expects to consider in determining the appropriate level of civil monetary Policy Statement on Factors penalties on small entities in individual Considered in Assessing Civil Monetary Penalties on Small Entities cases. DATES: This policy statement is effective AGENCY: Surface Transportation Board. on July 22, 2020. ACTION: Statement of Board policy.

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