Federal Register/Vol. 85, No. 133/Friday, July 10, 2020/Rules and Regulations

41416 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations § 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. VerDate Sep<11>2014 16:12 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations 41417 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 ..........

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