[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31270-31271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14163]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 15-199; FCC 16-113]


Amendment of the Commission's Rules To Enable Railroad Police 
Officers To Access Public Safety Interoperability and Mutual Aid 
Channels

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Report and 
Order (Order)'s rules enabling railroad police access to public safety 
interoperability channels. This document is consistent with the Order, 
which stated that the Commission would publish a document in the 
Federal Register announcing the effective date of those rules.

DATES: The amendments to 47 CFR 90.20(a)(2)(xiv) published at 81 FR 
66538, September 28, 2016, are effective July 6, 2017.

FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-
0848, or email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on June 8, 
2017, OMB approved, for a period of three years, the information 
collection requirements relating to the public safety pool eligibility 
rules contained in the Commission's Order, FCC 16-113, published at 81 
FR 66538, September 28, 2016. The OMB Control Number is 3060-1231. The 
Commission publishes this document as an announcement of the effective 
date of the rules. If you have any comments on the burden estimates 
listed below, or how the Commission can improve the collections and 
reduce any burdens caused thereby, please contact Nicole Ongele, 
Federal Communications Commission, Room 1-A620, 445 12th Street SW., 
Washington, DC 20554. Please include the OMB Control Number, 3060-1231, 
in your correspondence. The Commission will also accept your comments 
via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@

[[Page 31271]]

fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 
418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on June 8, 2017, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR part 
90.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1231.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1231.
    OMB Approval Date: June 8, 2017.
    OMB Expiration Date: June 30, 2020.
    Title: Section 90.20 (xiv), Public Safety Pool.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, and state, 
local, or tribal government.
    Number of Respondents and Responses: 1,526 respondents; 1,526 
responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: One-time; on occasion reporting requirement 
and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in sections 1, 
2, 4(i), 4(j), 301, 303, 316, and 337 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 303, 316, 
and 337.
    Total Annual Burden: 1,526 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act: No impact(s).
    Needs and Uses: On August, 23, 2016, the Federal Communications 
Commission released a Report and Order, FCC 16-113, PS Docket No. 15-
199 (see attached) that modified part 90 of the Rules Private Land 
Mobile Radio Services. The amended rule revises the part 90 eligibility 
rules to permit railroad police officers to access the 
interoperability. Specifically, the Commission modified Sec.  
90.20(a)(2)(xiv) to provide that:
    1. Railroad police officers are a class of users eligible to 
operate on the nationwide interoperability and mutual aid channels 
listed in Sec.  90.20(i) provided their employer holds a Private Land 
Mobile Radio (PLMR) license of any radio category, including 
Industrial/Business (I/B). Eligible users include full and part time 
railroad police officers, Amtrak employees who qualify as railroad 
police officers under this subsection, Alaska Railroad employees who 
qualify as railroad police officers under this subsection, freight 
railroad employees who qualify as railroad police officers under this 
subsection, and passenger transit lines police officers who qualify as 
railroad police officers under this subsection. Railroads and railroad 
police departments may obtain licenses for the nationwide 
interoperability and mutual aid channels on behalf of railroad police 
officers in their employ. Employers of railroad police officers must 
obtain concurrence from the relevant state interoperability coordinator 
or regional planning committee before applying for a license to the 
Federal Communications Commission or operating on the interoperability 
and mutual aid channels.
     Railroad police officer means a peace officer who is 
commissioned in his or her state of legal residence or state of primary 
employment and employed, full or part time, by a railroad to enforce 
state laws for the protection of railroad property, personnel, 
passengers, and/or cargo.
     Commissioned means that a state official has certified or 
otherwise designated a railroad employee as qualified under the 
licensing requirements of that state to act as a railroad police 
officer in that state.
     Property means rights-of-way, easements, appurtenant 
property, equipment, cargo, facilities, and buildings and other 
structures owned, leased, operated, maintained, or transported by a 
railroad.
     Railroad means each class of freight railroad (i.e., Class 
I, II, III); Amtrak, Alaska Railroad, commuter railroads and passenger 
transit lines.
     The word state, as used herein, encompasses states, 
territories and the District of Columbia.
    2. Eligibility for licensing on the 700 MHz narrowband 
interoperability channels is restricted to entities that have as their 
sole or principal purpose the provision of public safety services.
    To effectively implement the provisions of the new Rule, no other 
modifications to existing FCC rules are required. The changes are 
intended to simplify the licensing process for railroad police officers 
and ensure interoperable communications. The modified rules provide a 
benefit to public safety licensees by ensuring that only railroad 
police officers with appropriate governmental authorization can operate 
on the interoperability and mutual aid channels during emergencies. 
This will provide the additional benefit of promoting interoperability 
with railroad police officers by eliminating eligibility as a gating 
factor when licensing spectrum. The Report and Order reduces the burden 
on railroad police by allowing them to meet eligibility standard by 
requiring employers of railroad police officers to obtain concurrence 
from the relevant state interoperability coordinator or regional 
planning committee before applying for a license to the Federal 
Communications Commission or operating on the interoperability and 
mutual aid channels. Compliance with this requirement is already a 
requisite for public safety eligibility to use the interoperability and 
mutual aid channels, consequently any new burden imposed by this 
requirement would be minimal.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-14163 Filed 7-5-17; 8:45 am]
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