[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Rules and Regulations]
[Pages 45072-45074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18013]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 87 and 90

[WT Docket No. 11-202; FCC 13-95]


Radiolocation Operations in the 78-81 GHz Bands; Request by the 
Trex Enterprises Corporation for Waiver

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to permit the certification, licensing, 
and use of foreign object debris (FOD) detection radar equipment in the 
78-81 GHz band. The presence of FOD on airport runways, taxiways, 
aprons, and ramps poses a significant threat to the safety of air 
travel. FOD detection radar equipment will be authorized on a licensed 
basis.

DATES: Effective August 26, 2013.

FOR FURTHER INFORMATION CONTACT: Tim Maguire, Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-2155.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), in WT Docket No. 11-202; FCC 13-95, adopted July 10, 
2013, and released July 11, 2013. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554, or by downloading the text from the Commission's 
Web site at http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0301/FCC-13-30A1.pdf. The complete text also may be purchased 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc., Portals II, 445 12th Street SW., Suite CY-B402, Washington, DC 
20554. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

I. Background

    1. Foreign object debris (FOD) at airports, including any 
substance, debris, or object in a location that can damage aircraft or 
equipment, can seriously threaten the safety of airport personnel and 
airline passengers, and can have a negative impact on airport logistics 
and operations. Trex

[[Page 45073]]

Enterprises Corporation (Trex) has developed radar technology that 
meets the Federal Aviation Administration's (FAA) guidance and 
performance specifications for FOD detection equipment and can reduce 
this risk to personal safety and property by detecting the presence of 
FOD on airport runways. The 78-81 GHz band in which Trex's equipment 
operates is allocated on a primary basis for Federal and non-Federal 
radio astronomy and radiolocation systems, but is not listed in the 
table of frequencies available under part 90, which authorizes non-
Federal radiolocation operations such as Trex's FOD detection 
equipment.
    2. In the Notice of Proposed Rule Making and Order in this 
proceeding, the Commission proposed to amend part 90 to permit non-
Federal radiolocation operations, including FOD radar detection 
technology, in the 78-81 GHz band, and granted Trex a waiver of part 90 
to permit certification, manufacture, and licensing of its FOD 
detection radar equipment pending the resolution of its petition for 
rulemaking.

II. Discussion

    3. No commenter supports part 90 licensing of any 78-81 GHz band 
non-Federal radiolocation other than FOD detection. We therefore amend 
part 90 to authorize only FOD detection radar on a licensed basis.
    4. We do not adopt technical specification for FOD detection radar 
in the 78-81 GHz band. Applications will be considered and authorized 
on a case-by-case basis. FOD detection radar will be licensed on the 
condition that the main beamwidth of the antenna (azimuth or elevation) 
does not illuminate a public roadway near the airport.
    5. Authorization of other potential uses of the 78-81 GHz band will 
be considered in other proceedings. The Commission may at that time 
consider whether to adopt additional rules governing FOD detection 
radar in the band (such as the adoption of technical specifications) in 
order to ensure compatibility between FOD detection radar and other 
uses, including those that may operate on an unlicensed basis under 
part 15 of the Commission's rules. Until such technical specifications 
or other rules are adopted, we will consider the technical parameters 
required under the waiver when authorizing FOD equipment. During this 
period we will also accept applications for equipment authorization for 
devices using similar or more conservative parameters than those 
specified in the waiver. Any request for equipment authorization of 
devices with parameters that, in our evaluation, may be considered to 
cause more interference as compared with the technical parameters in 
the waiver will be reviewed on a case-by-case basis.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    6. This document does not contain new or modified information 
collection requirements.

B. Report to Congress

    7. The Commission will send a copy of the R&O to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM in WT Docket No. 11-202, 77 FR 1661, January 
11, 2012. The Commission sought written public comment on the proposals 
in the NPRM, including comment on the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report and Order
    9. The rules adopted in the Report and Order are intended to amend 
the Part 90 rules to permit foreign object debris (FOD) detection 
equipment to be certified and licensed. We believe the use of FOD 
technology will be a critical tool in the detection of FOD at airports. 
FOD includes any substance, debris, or object in a location that can 
damage aircraft or equipment, can seriously threaten the safety of 
airport personnel and airline passengers and have a negative impact on 
airport logistics and operations.
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    10. No comments were submitted specifically in response to the 
IRFAs. Nonetheless, we have considered the potential economic impact on 
small entities of the rules discussed in the IRFAs, and we have 
considered alternatives that would reduce the potential economic impact 
on small entities of the rules enacted herein.
Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply
    11. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Below, we further describe and estimate the 
number of small entity licensees and regulatees that may be affected by 
the rules changes adopted in this Report and Order.
    12. The SBA has developed a small business size standard for 
airport operations within the two broad economic census categories of 
``Air Traffic Control'' and ``Other Airport Operations.'' Under both 
categories, the SBA deems a business to be small if it has average 
annual receipts of seven million dollars or less. For the census 
category of Airport Operations, Census Bureau data for 2007 show that 
there were 1,895 firms in this category that operated for the entire 
year. Of this total, 1,567 had annual revenue of less than five million 
dollars, and 167 had annual revenue between five and ten million 
dollars. Thus, under this category and associated small business size 
standard, the majority of firms can be considered small.
    13. The Census Bureau defines the category of ``RF Equipment 
Manufacturers'' as follows: ``This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees. According to Census bureau data for 2007, there 
were a total of 939 firms in this category that operated that year. Of 
this total, 912 had fewer than 500 employees and 27 had 500 or more

[[Page 45074]]

employees. Thus, under this size standard, the majority of firms can be 
considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
    14. There are no projected reporting, recordkeeping or other 
compliance requirements.
Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    15. The RFA requires an agency to describe the steps it has taken 
to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.
    16. We believe the changes adopted in the R&O will promote 
flexibility and more efficient use of the spectrum, and allow licensees 
to better meet their communication needs. In this R&O, we will allow 
the certification, licensing, and use of foreign object debris 
detection radar in the 78-81 GHz band.
    17. The Commission will send a copy of the R&O in WT Docket No. 11-
202 including the Final Regulatory Flexibility Analysis, in a report to 
be sent to Congress pursuant to the Congressional Review Act. In 
addition, the Commission will send a copy of the R&O, including the 
Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the SBA. A copy of the R&O and the Final Regulatory 
Flexibility Analysis (or summaries thereof) will also be published in 
the Federal Register.

List of Subjects in 47 CFR parts 87 and 90

    Communications equipment; Radio.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 87 and 90 as follows:

PART 87-- AVIATION SERVICES

0
1. The authority citation for part 87 continues to read as follows:

    Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.


0
2. Section 87.5 is amended by adding a definition ``Air operations 
area'' in alphabetical order to read as follows:


Sec.  87.5  Definitions.

* * * * *
    Air operations area. All airport areas where aircraft can operate, 
either under their own power or while in tow. The airport operations 
area includes runways, taxiways, apron areas, and all unpaved surfaces 
within the airport's perimeter fence. An apron area is a surface in the 
air operations area where aircraft park and are serviced (refueled, 
loaded with cargo, and/or boarded by passengers).
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


0
4. Section 90.103(b) is amended by adding a new entry at the end of the 
table in paragraph (b), and by adding paragraph (c)(30) to read as 
follows:


Sec.  90.103  Radiolocation Service.

* * * * *
    (b) * * *

                  Radiolocation Service Frequency Table
------------------------------------------------------------------------
                                                Class of
              Frequency or band                 stations     Limitations
------------------------------------------------------------------------
 
                                * * * * *
78,000-81,000...............................       .....do            30
------------------------------------------------------------------------

    (c) * * *
    (30) Use is limited to foreign object debris detection in airport 
air operations areas (see section 87.5 of this chapter). The radar must 
be mounted and utilized so when in use it does not, within the main 
beamwidth of the antenna (azimuth or elevation), illuminate a public 
roadway near the airport.
* * * * *
[FR Doc. 2013-18013 Filed 7-25-13; 8:45 am]
BILLING CODE 6712-01-P