[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14915]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 94-45; FCC 94-110]

 

Revision of the Rules Regarding Marketing and Equipment 
Authorizations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposal responds to a Petition for Rule Making filed by 
the Consumer Electronics Group of the Electronic Industries Association 
(EIA/CEG) that would consolidate and harmonize the Commission's 
marketing rules. This proposal will permit radio frequency devices, 
prior to authorization or a determination of compliance with the 
technical standards, to be announced, advertised, displayed, and 
operated for compliance testing, demonstrations at trade shows, or 
evaluation at the manufacturer's facilities. In addition, non-consumer 
devices that have not been tested or authorized could be offered for 
conditional sale or supplied to the user for evaluation or compliance 
testing. On its own motion, the Commission is also proposing to amend 
its equipment authorizations regulations to provide clarification, to 
resolve inconsistencies, to remove unnecessary restrictions and 
obsolete regulations, and to incorporate several interpretations. These 
proposals would stimulate economic growth by permitting products to be 
developed on a cooperative basis by manufacturers and retailers, and by 
potential decreasing the time for a product to reach the marketplace.

DATES: Comments must be submitted on or before September 5, 1994, and 
reply comments on or before October 4, 1994.

ADDRESSES: Federal Communications Commission, 1919 M Street NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: John A. Reed, Office of Engineering 
and Technology, (202) 653-7313.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making in ET Docket No. 94-45, adopted May 9, 1994, 
and released June 9, 1994.
    The complete text of this Notice of Proposed Rule Making is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, 
DC, and also may be purchased from the Commission's copy contractor, 
International Transcription Services, Inc., (202) 857-3800, 2100 M 
Street, NW., suite 140, Washington, DC 20037.

Paperwork Reduction

    The proposed amendments will not modify the information collection 
requirements contained in the current regulations.

Summary of the Notice of Proposed Rule Making

    1. In the Notice of Proposed Rule Making the Commission, in 
response to a petition from the Consumer Electronics Group of the 
Electronic Industries Association, proposes to amend Part 2 of its 
rules regarding the marketing and operation of radio frequency (RF) 
devices. Marketing includes the sale or lease, offer for sale or lease, 
including advertising for sale or lease, and importation, shipment or 
distribution for the purpose of sale or lease or offering for sale or 
lease. Currently, the rules prohibit the marketing and operation of an 
RF device unless it complies with all of the standards and the 
equipment authorization procedures. Certain exceptions to these rules 
are provided for verified digital devices and non-consumer ISM products 
operated under Part 18 of the rules.
    2. The proposal would harmonize the marketing rules by permitting 
RF devices, prior to authorization or a determination of compliance 
with the technical standards, to be announced, advertised, displayed, 
and, if compliant with any Commission license requirements, operated 
for compliance testing, demonstrated at trade shows, or evaluated at 
the manufacturer's facilities. In addition, non-consumer RF devices, 
i.e., products employed at business, commercial, industrial, scientific 
or medical sites, prior to testing or authorization, could be offered 
for conditional sale or supplied to the user for evaluation or 
compliance testing. As under the existing rules, no products may be 
marketed or supplied to the general public prior to testing or 
authorization. Further, these products must be designed with the intent 
of complying with all applicable regulations.
    3. On its own motion, the Commission is also proposing several 
additional changes to the equipment authorization rules to resolve 
inconsistencies, to provide clarification, to remove unnecessary 
restrictions and obsolete regulations, and to incorporate several 
interpretations. Specifically, the Commission would amend the rules to 
indicate, explicitly, that, as with any request for authorization, an 
anti-drug abuse statement is required with requests for permissive 
changes. In addition, the rules would state that proper labeling of a 
product is a condition of the grant of equipment authorization and is 
required prior to marketing. The Commission would also clarify that a 
product is considered to be ``electrically identical'' if no changes 
are made to the product or if any changes to the product could be 
treated as Class I permissive changes. Further, outdated regulations, 
e.g., references to type approval which is no longer employed, would be 
removed, duplicative rules would be removed, and erroneous rule 
citations would be corrected.
    4. In addition to the above changes, the Commission proposes to 
require that any party that modifies an authorized RF device becomes 
responsible for ensuring that the modified product continues to comply 
with the appropriate standards and must maintain whatever records are 
required to demonstrate such compliance. In order to facilitate 
identification, the Commission also proposes that a product modified by 
someone other than the original responsible party be labeled with the 
name, address and telephone number of the new responsible party along 
with a statement that the product has been modified.
    5. Finally, the Commission would amend the regulations regarding 
authorization under the verification procedure to clarify the 
information required to be retained by the responsible party and to 
indicate the time period within which requests by the Commission for 
product samples must be submitted and the party responsible for 
submitting those samples.

Initial Regulatory Flexibility Analysis

    6. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. Written public comments are requested on 
the IRFA. These comments must be filed in accordance with the same 
filing deadlines as comments on the rest of the Notice, but they must 
have a separate and distinct heading designating them as responses to 
the Initial Regulatory Flexibility Analysis. The Secretary shall send a 
copy of this Notice of Proposed Rule Making, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration in accordance with paragraph 603(a) 
of the Regulatory Flexibility Act. Pub. L. No. 96-354, Stat. 1164, 5 
U.S.C. Section 601 et seq. (1981).

Reason for Action

    This Notice of Proposed Rule Making responds to the petition 
submitted by the Electronic Industries Association, Consumer 
Electronics Group, to harmonize our rules regarding the announcement, 
advertising, display, activation and marketing of radio frequency (RF) 
devices prior to compliance with the applicable standards. On our own 
initiative, we are also proposing amendments to the Part 2 rules to 
address the responsibility of parties that modify products prior to 
sale, and to establish a time frame within which samples or records 
files of verified devices must be submitted to the Commission upon 
request. In addition, we are proposing to amend the equipment 
authorization rules to clarify existing regulations, remove outdated 
regulations, and correct erroneous rule citations.

Objectives

    The objectives of this proposal are to facilitate the marketing and 
display of RF devices, to identify the party ultimately responsible for 
ensuring that a marketed device complies with the standards, to 
facilitate the retrieval of test records by the Commission, to clarify 
existing regulations, to remove outdated regulations, and to correct 
existing errors in the rules.

Legal Basis

    The proposed action is authorized under Sections 4(i), 302, 303(e), 
303(f), and 303(r) of the Communications Act of 1934, as amended 47 
U.S.C. Sections 154(i), 302, 303(e), 303(f), and 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

    One change to the reporting and recordkeeping requirements would be 
initiated by this proposal: parties that take authorized RF devices and 
remanufacture or otherwise modify these products prior to marketing 
would be designated as the parties responsible for ensuring that the 
products comply with the applicable rules and, thus, would have the 
same reporting and record keeping requirements that normally apply to 
an equipment manufacturer.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

    None.

Description, Potential Impact and Number of Small Entities Involved

    It is unknown how many small entities that may be affected. There 
should be no adverse impact on any party that manufacturers or markets 
equipment that currently complies with our standards.

Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent With Stated Objectives

    None.

List of Subjects in 47 CFR Part 2

    Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rule Changes

    Part 2, Title 47 of the Code of Federal Regulations is proposed to 
be amended as follows:

PART 2--[AMENDED]

    1. The authority citation for Part 2 continues to read as follows:

    Authority: Sections 4, 302, 303, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303, 
303(r), and 307, unless otherwise noted.

    2. Section 2.803 is revised to read as follows:


Sec. 2.803  Marketing of radio frequency devices prior to equipment 
authorization.

    (a) No person shall sell or lease, or offer for sale or lease 
(including advertising for sale or lease), or import, ship, or 
distribute for the purpose of selling or leasing or offering for sale 
or lease, any radio frequency device unless:
    (1) In the case of a device subject to type acceptance, 
certification, or notification, such device has been authorized by the 
Commission in accordance with the rules in this chapter and is properly 
identified and labelled as required by Sec. 2.925 and other relevant 
sections in this chapter; or
    (2) In the case of a device that is not required to have a grant of 
equipment authorization issued by the Commission, but which must comply 
with the specified technical standards prior to use, such device also 
complies with all applicable administrative (including verification of 
the equipment, where required), technical, labelling and identification 
requirements specified in this chapter.
    (b) The provisions of paragraph (a) do not forbid conditional sales 
contracts between manufacturers and wholesalers or retailers where 
delivery is contingent upon compliance with the applicable equipment 
authorization and technical requirements, nor do they prohibit 
agreements between parties to produce new products, manufactured in 
accordance with designated specifications.
    (c)(1) Notwithstanding the provisions of paragraph (a) of this 
section, a radio frequency device may be advertised or displayed, e.g., 
at a trade show or exhibition, prior to equipment authorization or, for 
devices not subject to the equipment authorization requirements, prior 
to a determination of compliance with the applicable technical 
requirements provided the advertising contains, and the display is 
accompanied by, a conspicuous notice worded as follows:
    This device has not been authorized as required by the rules of the 
Federal Communications Commission. This device is not, and may not be, 
offered for sale or lease, or sold or leased, until authorization is 
obtained.
    (2) Except as provided elsewhere in this chapter, devices displayed 
under the provisions of this paragraph may not be activated or 
operated.
    (d) Notwithstanding the provisions of paragraph (a), the 
announcement and offer for sale solely to business, commercial, 
industrial, scientific or medical users (but not to the general public) 
of a radio frequency device that is in the conceptual, developmental, 
design or preproduction stage is permitted prior to equipment 
authorization or, for devices not subject to the equipment 
authorization requirements, prior to a determination of compliance with 
the applicable technical requirements provided the prospective buyer is 
advised in writing at the time of announcement or offer for sale that 
the equipment is subject to the FCC rules and that the equipment will 
comply with the appropriate rules before delivery to the buyer or to 
centers of distribution.
    (e) Nowithstanding the provisions of paragraph (a), any radio 
frequency device may be operated, but not marketed, prior to equipment 
authorization or determination of compliance with the applicable 
technical requirements for the following purposes:
    (1) Compliance testing;
    (2) Demonstration at a trade show provided the notice contained in 
paragraph (c) of this section is displayed in a conspicuous location 
on, or immediately adjacent to, the device;
    (3) Evaluation of product performance and determination of customer 
acceptability, provided such operation takes place at the 
manufacturer's facilities during developmental, design or preproduction 
states; or,
    (4) Evaluation of product performance and determination of customer 
acceptability where customer acceptability of a radio frequency device 
cannot be determined at the manufacturer's facilities because of size 
or unique capability of the device, provided the device is operated at 
a business, commercial, industrial, scientific, or medical user's site, 
but not at a residential site, during the development, design or 
preproduction stages. A product operated under this provision shall be 
labelled, in a conspicuous location, with the notice in paragraph (c) 
of this section.
    (5) For the purpose of paragraphs (e)(3) and (e)(4) of this 
section, the term ``manufacturer's facilities'' includes the facilities 
of the party responsible for compliance with the regulations and the 
manufacturer's premises, as well as other entities working under the 
authorization of the responsible party in connection with the 
development and manufacture, but not marketing, of the equipment.
    (6) The provisions of paragraphs (e)(1), (e)(2), (e)(3), and (e)(4) 
of this section do not eliminate any requirements for station licenses 
that may be specified elsewhere in this chapter.
    (f) For radio frequency devices subject to verification and sold 
solely to business, commercial, industrial, scientific, and medical 
users (excluding sales to the general public), parties responsible for 
verification of the devices shall have the option of ensuring 
compliance with the applicable technical specifications of this chapter 
at each end user's location after installation, provided that the 
purchase or lease agreement includes a proviso that such a 
determination of compliance be made and is the responsibility of the 
party responsible for verification of the equipment.
    (g) The provisions in paragraphs (b) through (f) of this section 
apply only to devices that are designed with the intent of compliance 
with all applicable requirements in this chapter. The provisions in 
paragraphs (b) through (f) do not apply to radio frequency devices that 
could not be authorized or legally operated under the current rules. 
Such devices shall not be operated, advertised, displayed, offered for 
sale or lease, sold or leased, or otherwise marketed.


Sec. 2.805  [Removed]

    3. Section 2.805 is removed.


Sec. 2.806  [Removed]

    4. Section 2.806 is removed.


Sec. 2.807  [Amended]

    5. Section 2.807 is amended by revising the phrase ``Secs. 2.803 
and 2.805'' to read ``Sec. 2.803'' in the introductory paragraph.


Sec. 2.809  [Removed]

    6. Section 2.809 is removed.


Sec. 2.811  [Amended]

    7. Section 2.811 is amended by revising the phrase ``Sections 2.803 
and 2.805'' to read ``Section 2.803''.


Sec. 2.813  [Amended]

    8. Section 2.813 is amended by revising the phrase ``Sections 2.803 
and 2.805'' to read ``Section 2.803''.


Sec. 2.815  [Amended]

    9. Section 2.815 is amended by revising the references in 
paragraphs (d) and (e) ``Secs. 97.75 and 97.76'' to read ``Secs. 97.315 
and 97.317''.


Sec. 2.901  [Amended]

    10. Section 2.901 is amended by removing the references to ``type 
approval,'' in paragraphs (a) and (b).


Sec. 2.903  [Removed]

    11. Section 2.903 is removed.
    12. Section 2.909 is amended by adding language to the end of 
paragraphs (a) and (b) and by adding a new paragraph (c) to read as 
follows:


Sec. 2.909  Responsible party.

    (a) * * * If radio frequency equipment is modified by any party 
other than the grantee and that party is not working under the 
authorization of the grantee pursuant to Sec. 2.929(b) of this chapter, 
the party performing the modification is responsible for compliance of 
the product with the applicable administrative and technical provisions 
in this chapter.
    (b) * * * If radio frequency equipment is modified subsequent to 
original manufacture or importation, the party performing the 
modification is designated as the responsible party.
    (c) If, because of modifications performed subsequent to 
authorization, a new party becomes responsible for ensuring that a 
product complies with the technical standards, the equipment shall be 
labelled, following the specifications in Sec. 2.925(d) of this 
chapter, with the following: ``This product has been modified by 
[insert name, address and telephone number of the party performing the 
modifications].''
    13. Section 2.913 is revised to read as follows:


Sec. 2.913  Submittal of equipment authorization application or 
information to the Commission.

    (a) Applications and fees for equipment authorization shall be 
submitted to the address shown in Sec. 1.1103 of this chapter unless 
otherwise directed.
    (b) Any information or equipment samples requested by the 
Commission pursuant to the provisions of subpart J of this part shall, 
unless otherwise directed, he submitted to the FCC, Authorization and 
Evaluation Division, 7435 Oakland Mills Road, Columbia, MD 21046.


Sec. 2.915  [Amended]

    14. Section 2.915 is amended by removing the reference to ``type 
approval,'' in paragraphs (a) introducing text and (c).


Sec. 2.917  [Amended]

    15. Section 2.917 is amended by removing paragraph (d).
    16. Section 2.924 is revised to read as follows:


Sec. 2.924  Marketing of electrically identical equipment having 
multiple trade names and models or type numbers under the same FCC 
Identifier.

    The grantee of an equipment authorization may market devices having 
different model/type numbers or trade names without additional 
authorization from the Commission provided such devices are 
electrically identical and the equipment bears an FCC Identifier 
validated by a grant of equipment authorization. A device will be 
considered to be electrically identical if no changes are made to the 
device authorized by the Commission, or the changes made to the device 
would be treated as Class I permissive changes within the scope of 
Secs. 2.1001(b)(1) and 2.1043(b)(1) of this chapter. Changes to the 
model number or trade name by anyone other than the grantee, or under 
the authorization of the grantee, shall be performed following the 
procedures in Sec. 2.933 of this chapter.
    17. Section 2.925 is amended by removing paragraph (g), by revising 
the reference in paragraph (b)(4) ``Sec. 15.69c)'' to read 
``Sec. 15.101'', and by revising paragraph (d) introductory text to 
read as follows: Sec. 2.925 Identification of equipment.
* * * * *
    (d) In order to validate the grant of equipment authorization, the 
nameplate or label shall be permanently affixed to the equipment and 
shall be readily visible to the purchaser at the time of purchase.
* * * * *


Sec. 2.926  [Amended]

    18. Section 2.926 is amended by revising the reference in paragraph 
(e) ``Sec. 15.69'' to read ``Sec. 15.101''.
    19. Section 2.927 is amended by removing paragraph (d) and by 
revising paragraphs (a) and (b) to read as follows:
Sec. 2.927  Limitations on grants.
    (a) A grant of equipment authorization is valid only when the FCC 
Identifier is permanently affixed on the device and remains effective 
until revoked or withdrawn, rescinded, surrendered, or a termination 
date is otherwise established by the Commission.
    (b) A grant of an equipment authorization signifies that the 
Commission has determined that the equipment has been shown to be 
capable of compliance with the applicable technical standards if no 
unauthorized change is made in the equipment and if the equipment is 
properly maintained and operated. The issuance of a grant of equipment 
authorization shall not be construed as a finding by the Commission 
with respect to matters not encompassed by the Commission's rules, 
especially with respect to compliance with 18 U.S.C. 2512.
* * * * *
    20 and 21. Section 2.932 is amended by adding a new paragraph (f), 
to read as follows:
Sec. 2.932  Modification of equipment.
* * * * *
    (f) All requests for permissive changes submitted to the Commission 
must be accompanied by the anti-drug abuse certification required under 
Sec. 1.2002 of this chapter.
    22. Section 2.933 is amended by revising paragraphs (a) and (c) and 
paragraph (b)(7) to read as follows:
Sec. 2.933  Change in identification of equipment.
    (a) A new application for equipment authorization shall be filed 
whenever there is a change in the identification of the equipment with 
or without a change in design, circuitry or construction. However, a 
change in the model/type number or trade name performed in accordance 
with the provisions in Sec. 2.924 of this chapter will not be 
considered to be a change in identification and does not require 
additional authorization from the Commission.
    (b) * * *
    (7) In the case of certified equipment, the photographs required by 
Sec. 2.1033(b)(7) showing the exterior appearance of the equipment, 
including the operating controls available to the user and the 
identification label. Photographs of the construction, the component 
placement on the chassis, and the chassis assembly are not required to 
be submitted unless specifically requested by the Commission.
    (c) If the change in identification also involves a change in 
design or circuitry which falls outside the purview of a permissive 
change described in Secs. 2.977, 2.1001 or 2.1043, a complete 
application shall be filed pursuant to Sec. 2.911.
Sec. 2.934  [Amended]
    23. Section 2.934 is amended by revising the reference 
``Sec. 2.910(b)'' to read ``Sec. 2.913(b)''.
    24. Section 2.936 is revised to read as follows:
Sec. 2.936  FCC inspection.
    Upon reasonable request, each responsible party shall submit the 
following to the Commission or shall make the following available for 
inspection:
    (a) The records required by Secs. 2.938 and 2.955.
    (b) A sample unit of the equipment covered under an authorization.
    (c) The manufacturing plant and facilities.
    25. Section 2.938 is revised to read as follows:
Sec. 2.938  Retention of records.
    (a) For each equipment subject to the Commission's standards, the 
responsible party shall maintain the records listed below:
    (1) A record of the original design drawings and specifications and 
all changes that have been made that may affection compliance with the 
standards and the requirements of Sec. 2.931.
    (2) A record of the procedures used for production inspection and 
testing to ensure conformance with the standards and the requirements 
of Sec. 2.931.
    (3) A record of the test results that demonstrate compliance with 
the appropriate regulations.
    (b) The provisions of paragraph (a) of this section shall also 
apply to a manufacturer of equipment produced under the provisions of 
Sec. 2.929(b) of this chapter. The retention of the records by the 
manufacturer under these circumstances shall satisfy the grantee's 
responsibility under paragraph (a) of this section.
    (c) The records listed in paragraph (a) of this section shall be 
retained for one year after the manufacture of said equipment has been 
permanently discontinued, or until the conclusion of an investigation 
or a proceeding if the responsible party (or under paragraph (b) of 
this section the manufacturer) is officially notified that an 
investigation or any other administrative proceeding involving its 
equipment has been instituted.
Sec. 2.941  [Amended]
    26. Section 2.941 is amended by revising the reference in paragraph 
(b) ``Sec. 0.457'' to read ``Secs. 0.441 through 0.470''.
    27. Section 2.946 is amended by revising the first sentence in 
paragraph (a) to read as follows:
Sec. 2.946  Penalty for failure to provide test samples and data.
    (a) Any responsible party, as defined in Sec. 2.909 of this 
chapter, and any party who markets equipment subject to the provisions 
on this chapter shall provide a test sample(s) or data upon request by 
the Commission. * * *
* * * * *
    28. Section 2.953 is amended by revising the title and by revising 
paragraph (a), (b), and (d) to read as follows:
Sec. 2.953  Responsibility for compliance.
    (a) In verifying compliance, the responsible party, as defined in 
Sec. 2.909 of this chapter, warrants that each unit of equipment 
marketed under the verification procedure will be identical to the unit 
tested and found acceptable with the standards and that the records 
maintained by the responsible party continue to reflect the equipment 
being produced under such verification within the variation that can be 
expected due to quantity production and testing on a statistical basis.
    (b) The importer of equipment subject to verification may upon 
receiving a written statement from the manufacturer that the equipment 
complies with the appropriate technical standards rely on the 
manufacturer or independent testing agency to verify compliance. The 
test records required by Sec. 2.955, however, should be in the English 
language and made available to the Commission upon a reasonable 
request, in accordance with Sec. 2.956 of this chapter.
    (c) * * *
    (d) Verified equipment shall be reverified if any modification or 
change adversely affects the emanation characteristics of the modified 
equipment. The party designated in Sec. 2.909 of this chapter bears 
responsibility for continued compliance of subsequently produced 
equipment.
    29. Section 2.955 is amended by revising paragraphs (a) 
introductory text and (a)(3) to read as follows:
Sec. 2.955  Retention of records.
    (a) For each equipment subject to verification, the responsible 
party, as shown in Sec. 2.909 of this chapter, shall maintain the 
records listed below:
* * * * *
    (3) A record of the measurements made on an appropriate test site 
that demonstrates compliance with the applicable regulations. The 
record shall:
    (i) Indicate the actual date all testing was performed.
    (ii) State the name of the test laboratory, company, or individual 
performing the verification testing. The Commission may request 
additional information regarding the test site, the test equipment or 
the qualifications of the company or individual performing the 
verification tests.
    (iii) Contain a description of how the device was actually tested, 
identifying the measurement procedure and test equipment that was used.
    (iv) Contain a description of the equipment under test (EUT) and 
support equipment connected to, or installed within, the EUT.
    (v) Identify the EUT and support equipment by trade name and model 
number and, if appropriate, by FCC Identifier and serial number.
    (vi) Indicate the types and lengths of connecting cables used and 
how they were arranged or moved during testing.
    (vii) Contain at least two photographs showing the test set-up for 
the highest line conducted emission and showing the test set-up for the 
highest radiated emission. These photographs must be focused originals 
which show enough detail to confirm other information contained in the 
test report.
    (viii) List all modifications, if any, made to the EUT by the 
testing company or individual to achieve compliance with the 
regulations.
    (ix) Include all of the data required to show compliance with the 
appropriate regulations.
    (x) Contain, on the test report, the signature of the individual 
responsible for testing the product along with the name and signature 
of an official of the responsible party, as designated in Sec. 2.909 of 
this chapter.
* * * * * * *
    30. Section 2.956 is revised to read as follows:


Sec. 2.956  FCC inspection and submission of equipment for testing.

    (a) Each responsible party shall upon receipt of reasonable 
request:
    (1) Submit to the Commission the records required by Sec. 2.955.
    (2) Subject one or more sample units for measurements at the 
Commission's Laboratory.
    (i) Shipping costs to the Commission's Laboratory and return shall 
be borne by the responsible party.
    (ii) In the event the responsible party believes that shipment of 
the sample to the Commission's Laboratory is impractical because of the 
size or weight of the equipment, or the power requirement, or for any 
other reason, the responsible party may subunit a written explanation 
why such shipment is impractical and should not be required.
    (b) Requests for the submission of the records in Sec. 2.955 of 
this chapter or for the submission of sample units are covered under 
the provisions of Sec. 2.946 of this chapter.


Sec. 2.957  [Removed]

    31. Section 2.957 is removed.


Sec. 2.961  [Removed]

    32. Section 2.961 is removed.


Sec. 2.963  [Removed]

    33. Section 2.963 is removed.


Sec. 2.965  [Removed]

    34. Section 2.965 is removed.


Sec. 2.967  [Removed]

    35. Section 2.967 is removed.


Sec. 2.969  [Removed]

    36. Section 2.969 is removed.
    37. Section 2.975 is amended by revising the reference in paragraph 
(b) from ``Sec. 2.909(c)'' to ``Sec. 2.911(c)'' and by revising 
paragraph (g) to read as follows:


Sec. 2.975  Application for notification.

* * * * * * *
    (g) The records of measurement data, measurement procedures, 
photographs, circuit diagrams, etc. for a device subject to 
notification shall be retained for two years after the manufacture of 
said equipment has been permanently discontinued, or, if the 
responsible party is officially notified that an investigation or any 
other administrative proceeding involving the equipment has been 
instituted prior to the expiration of such two year period, until the 
conclusion of that investigation or proceeding.


Sec. 2.979  [Removed]

    38. Section 2.979 is removed.


Sec. 2.983  [Amended]

    39. Section 2.983 is amended by revising the reference in paragraph 
(i) from ``subpart C of part 97'' to ``subpart D of part 97''.


Sec. 2.1003  [Removed]

    40. Section 2.1003 is removed.


Sec. 2.1005  [Amended]

    41. Section 2.1005 is amended by removing the reference to 
``Sec. 2.1003'' in paragraphs (a) and (c)(4), by revising the reference 
in paragraph (c) introductory text from ``Sec. 97.3(z)'' to 
``Sec. 97.3(a)(17)'', by revising the reference in paragraph (d) from 
``CB Rule 21'' to ``Sec. 95.411'', and by revising the reference in 
paragraph (d) from ``Sec. 97.77'' to ``Sec. 97.317''.


Sec. 02.1033  [Amended]

    42. Section 2.1033 is amended by revising the reference in 
paragraph (b) (11) from ``Sec. 15.257(e)'' to ``Sec. 15.247(e)''.


Sec. 2.1045  [Removed]

    43. Section 2.1045 is removed.


Sec. 2.1300  [Amended]

    44. Section 2.1300 is amended by revising the reference from 
``Sec. 2.909'' to ``Sec. 2.911''.

[FR Doc. 94-14915 Filed 6-20-94; 8:45 am]
BILLING CODE 6712-01-M