This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Order No. 985, as amended (7 CFR part 985), regulating the handling of spearmint oil produced in the Far West. Part 985 referred to as the “Order” is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of spearmint oil producers operating within the area of production, and a public member.

The Agricultural Marketing Service (AMS) is issuing this final rule in conformance with Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866, and therefore, has not been reviewed.

This final rule has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal Governments, which requires federal agencies to consider whether their rulemaking actions would have tribal implications. AMS has determined that this rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.

This final rule has been reviewed under Executive Order 12988—Civil Justice Reform. This final rule is not intended to have retroactive effect. Under the Order now in effect, salable quantities and allotment percentages have been established for both classes of spearmint oil produced in the Far West. This final rule increases the quantity of Native Spearmint oil produced in the Far West that handlers may purchase from, or handle on behalf of, producers during the 2024-2025 marketing year, which began on June 1, 2024.

The Act provides that administrative proceedings must be exhausted before parties may file a suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with the U.S. Department of Agriculture (USDA) a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.

This final rule increases the quantity of Native spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2024-2025 marketing year. Prior to this final rule, the salable quantity and allotment percentage for Native spearmint oil were initially established at 678,980 pounds and 26 percent, respectively, in a final rule published May 23, 2024 (89 FR 45557). This action increases the Native spearmint oil salable quantity from 678,980 pounds to 731,220 pounds and the allotment percentage from 26 percent to 28 percent.

Pursuant to the requirements in § 985.50 of the Order, the Committee meets each year to consider supply and demand of spearmint oil and to adopt a marketing policy for the ensuing marketing year. In determining such marketing policy, the Committee considers several factors, including, but not limited to, the current and projected supply of oil, estimated future demand, production costs, and producer prices for both Class 1 (Scotch) and Class 3 (Native) spearmint oil. Input from spearmint oil handlers and producers is considered as well.

Pursuant to the provisions in § 985.51, when the Committee's marketing policy considerations indicate a need to establish or to maintain stable market conditions through volume regulation, the Committee subsequently recommends to AMS the establishment of a salable quantity and allotment percentage for such class or classes of oil for the upcoming marketing year. Recommendations for volume control are intended to ensure market requirements for Far West spearmint oil are satisfied and orderly marketing conditions are maintained.

Salable quantity represents the total quantity of each class of oil (Scotch or Native) which handlers may purchase from, or handle on behalf of, producers during a given marketing year. The allotment percentage for each class of spearmint oil is the salable quantity for that class of oil divided by the total of all producers' allotment base for the same class of oil. A producer's allotment base is their calculated share of the spearmint oil market based on a statistical representation of past spearmint production and sales. In order to account for changes in production and demand over time, the Committee periodically reviews and adjusts each producer's allotment base in accordance with a formula prescribed by the Committee and approved by AMS. Each producer's annual allotment of the salable quantity is calculated by multiplying their respective allotment base for each class of spearmint oil by the allotment percentage for that class of spearmint oil. The total allotment base is revised each year on June 1 to account for producer allotment base being lost because of the “bona fide effort” production provision of § 985.53(e) and additional base made available pursuant to the provisions of § 985.153.

The Committee met on October 11, 2023, to consider its marketing policy for the 2024-2025 marketing year. At that meeting, the Committee determined that, based on the current market and supply conditions, volume regulation for both classes of oil would be necessary. The Committee unanimously recommended salable quantities and allotment percentages for Native spearmint oil of 678,980 pounds and 26 percent, respectively. In addition, the Committee unanimously recommended a salable quantity and allotment percentage for Scotch spearmint oil of 663,648 pounds and 29 percent, respectively. A proposed rule to that effect was published in the Federal Register on January 25, 2024 (89 FR 4835). Comments on the proposed rule were solicited from interested persons until February 26, 2024. No comments were received. Subsequently, a final rule establishing the salable quantities and allotment percentages for Scotch and Native spearmint oil for the 2024-2025 marketing year was published in the Federal Register on May 23, 2024 (89 FR 45557).

Pursuant to authority contained in §§ 985.50, 985.51, and 985.52, the Committee met again on October 9, 2024, to evaluate the current year's volume control regulation. At the meeting, the Committee assessed the current market conditions for spearmint oil in relation to the salable quantities and allotment percentages established for the 2024-2025 marketing year. The Committee considered several factors, including the current and projected supply and the estimated future demand for all classes of spearmint oil. The Committee determined that the established salable quantity and allotment percentage in effect for Native spearmint oil for the 2024-2025 marketing year should be increased to provide an adequate buffer to ensure available supply would continue to meet demand.

At the October 9, 2024, meeting the Committee recommended increasing the 2024-2025 marketing year Native spearmint oil salable quantity from 678,980 pounds to 731,220 pounds and the allotment percentage from 26 percent to 28 percent. The recommendation to increase the salable quantity and allotment percentage passed with a vote of 6 in favor with 2 opposed. The members voting against the recommendation supported volume control, but did not believe, at that time, that additional supply would be necessary to meet 2024-2025 marketing year demand.

This final rule makes additional amounts of Native spearmint oil available to the market by increasing the salable quantity and allotment percentage previously established under the Order for the 2024-2025 marketing year. This action increases the Native spearmint oil salable quantity by 52,240 pounds, to 731,220 pounds, and raises the allotment percentage by 2 percentage points, to 28 percent. This additional oil will come from Native spearmint oil held by producers in the reserve pool. As of May 31, 2024, the Committee records show that the reserve pool for Native spearmint oil contained 1,026,336 pounds of oil.

At the October 9, 2024, meeting, the Committee staff reported that, as of the meeting date, there was an estimated 356,302 pounds of salable quantity of Native spearmint available for purchase in the 2024-2025 marketing year, ending May 31, 2025. The Committee considered this amount to be inadequate for that early in the marketing year. Based on the Committee's estimated sales demand for Native spearmint oil for the remainder of the 2024-2025 marketing year, the Committee projected that approximately 125,000 pounds of Native spearmint oil could be carried into the 2025-2026 marketing year. However, the Committee was concerned that, without increasing the salable quantity and allotment percentage, the market for Native spearmint oil may be shorted if demand were to increase unexpectedly. The increased quantity of Native spearmint oil (52,240 pounds) that will be made available to the market because of this rulemaking will help ensure that market demand is fully satisfied in the current year. Should the available supply of Native spearmint oil exceed 2024-2025 marketing year demand, any unsold quantity would remain available to the market in future marketing years as salable carry-in.

In making the recommendation to increase the salable quantity and allotment percentage of Native spearmint oil, the Committee considered all currently available information on the price, supply, and demand of Native spearmint oil. The Committee also considered reports and other information from handlers and producers in attendance at the meeting. Lastly, the Committee manager presented information and reports that were provided to the Committee staff by handlers and producers.

This final rule increases the 2024-2025 marketing year Native spearmint oil salable quantity by 52,240 pounds to a total of 731,220 pounds. This amount, along with 446,420 pounds of salable carry-in, results in available supply of 1,177,640 pounds. The Committee estimates 2024-2025 marketing year trade demand for Native spearmint oil to be 1,000,000 pounds. Actual sales of Native spearmint oil for the 2023-2024 marketing year totaled 987,041 pounds. The 5-year average of Native spearmint oil sales is 1,085,916 pounds.

The Committee estimates that, as a result of this action, approximately 175,000 pounds of salable Native spearmint oil could be carried into the 2025-2026 marketing year which begins June 1, 2025. The Committee believes this amount to be a sufficient buffer if demand exceeds the Committee's expectations for the remainder of the 2024-2025 marketing year. In addition, reserve pool oil could be released into the market under a future relaxation of the volume regulation should it be necessary to adequately supply the market prior to the 2025-2026 marketing year. The Committee estimates that a total of 1,335,150 pounds of Native spearmint oil (1,026,336 currently in reserve and an estimated 308,814 pounds of excess oil produced during the 2024-2025 marketing year) will be available from the reserve pool, if needed.

The Committee's stated intent in the use of the Order's volume control regulation is to keep adequate supply available to meet market needs and to maintain orderly marketing conditions. With that consideration, the Committee developed its recommendation for increasing the Native spearmint oil salable quantity and allotment percentage for the 2024-2025 marketing year based on the information discussed above, as well as the summary data detailed below.

(A) Initial Estimated 2024-2025 Native Allotment Base—2,611,463 pounds. This figure is the allotment base estimate on which the original 2024-2025 salable quantity and allotment percentage was based.

(B) Revised 2024-2025 Native Allotment Base—2,611,500 pounds. This figure is 37 pounds more than the initial estimated allotment base of 2,611,463 pounds. The difference is the result of annual adjustments made to the allotment base at the beginning of the marketing year in accordance with the provisions of the Order.

(C) Initial 2024-2025 Native Allotment Percentage—26 percent. This percentage was unanimously recommended by the Committee on October 11, 2023.

(D) Initial 2024-2025 Native Salable Quantity—678,980 pounds. This figure is 26 percent of the original estimated 2024-2025 allotment base of 2,611,463 pounds.

(E) Adjusted Initial 2024-2025 Native Salable Quantity—678,990 pounds. This figure reflects the salable quantity available at the beginning of the 2024-2025 marketing year. This quantity is derived by applying the initial 26 percent allotment percentage to the revised allotment base of 2,611,500.

(F) Revision to the 2024-2025 Native Salable Quantity and Allotment Percentage:

(1) Increase in the Native Allotment Percentage—2 percent. The Committee recommended an increase of 2 percentage points over the initial Native allotment percentage.

(2) Revised 2024-2025 Native Allotment Percentage—28 percent. This percentage was derived by adding the increase of 2 percentage points to the initially established 2024-2025 Native allotment percentage of 26 percent.

(3) Revised 2024-2025 Native Salable Quantity—731,220 pounds. This figure is 28 percent of the revised 2024-2025 Native allotment base of 2,611,500 pounds.

(4) Computed Increase in the 2024-2025 Native Salable Quantity as a Result of the Revision—52,240 pounds. This figure represents the difference between the initial 2024-2025 Native salable quantity of 678,980 pounds and the revised Native salable quantity of 731,220 pounds.

Scotch spearmint oil is also regulated by the Order. As mentioned previously, a salable quantity and allotment percentage for Scotch spearmint oil were established in a final rule published in the Federal Register on May 23, 2024 (89 FR 45557). At the October 9, 2024, meeting, the Committee considered the projected production, inventory, and marketing conditions for Scotch spearmint oil for the 2024-2025 marketing year. After receiving reports from the Committee staff and comments from the industry, the consensus of the Committee was that the previously established salable quantity and allotment percentage for Scotch spearmint oil were appropriate for the current market conditions. As such, the Committee took no further action with regards to Scotch spearmint oil for the 2024-2025 marketing year.

This final rule relaxes the volume regulation requirements of Native spearmint oil and is expected to allow producers to meet market demand while improving producer returns. The increase in the Native spearmint oil salable quantity and allotment percentage accounts for the anticipated market needs for that class of oil. In determining anticipated market needs, the Committee considered changes and trends in historical sales, production, and demand. In conjunction with this rulemaking, AMS also reviewed the Committee's marketing policy statement for the 2024-2025 marketing year. The Committee's marketing policy statement, a requirement whenever the Committee recommends volume regulation, meets the requirements of §§ 985.50 and 985.51.

Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this final rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis.

The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf.

There are approximately 89 producers of Native spearmint oil operating within the regulated production area. In addition, there are approximately 6 Native spearmint oil handlers subject to regulation under the Order. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of equal to or less than $34.0 million (Postharvest Crop Activities, NAICS code 11514). Small agricultural producers of spearmint oil are defined as those having annual receipts of equal to or less than $2.5 million (All Other Miscellaneous Crop Farming, NAICS code 111998) (13 CFR 121.201).

The National Agricultural Statistics Service (NASS) reported that the 2023 U.S. season average spearmint oil producer price per pound was $18.40 (both Scotch and Native). Native spearmint oil utilization for the 2023-2024 marketing year, as reported by the Committee, was 987,041 pounds for Native spearmint oil. Multiplying $18.40 per pound by 2023-2024 marketing year spearmint oil utilization of 987,041 pounds yields a crop value estimate of about $18.2 million.

Given the accounting requirements for the volume regulation provisions of the Order, the Committee maintains accurate records of each producer's production and sales. Using the $18.40 average spearmint oil price and Committee production data for each producer, the Committee estimates that all of the 89 Native spearmint oil producers could be classified as small entities under the SBA definition.

There is no third-party or governmental entity that collects and reports spearmint oil prices received by spearmint oil handlers. However, the Committee estimates an average spearmint oil handling markup at approximately 20 percent of the price received by producers. Twenty percent of the 2023 producer price ($18.40) is $3.68, which results in a handler Free on Board (f.o.b.) price per pound estimate of $22.08 ($18.40 + $3.68).

Multiplying this estimated handler f.o.b. price by the 2023-2024 marketing year total spearmint oil utilization of 1,536,364 pounds (987,041 pounds of Native + 549,323 pounds of Scotch) results in an estimated handler-level spearmint oil value of $33.9 million. Dividing this figure by the number of handlers (6) yields estimated average annual handler receipts of about $5.7 million, which is well below the $34.0 million SBA threshold for small agricultural service firms.

Furthermore, using confidential data compiled by the Committee on the pounds of spearmint oil handled by each handler and the abovementioned estimated handler price per pound, the Committee reported that it is not likely that any of the six handlers had 2023-2024 marketing year spearmint oil sales that exceeded SBA's threshold.

Therefore, in view of the foregoing, the majority of producers of spearmint oil may be classified as small entities, and all of the handlers of spearmint oil may be classified as small entities.

This final rule increases the quantity of Native spearmint oil produced in the Far West, which handlers may purchase from, or handle on behalf of, producers during the 2024-2025 marketing year, which ends May 31, 2025. The 2024-2025 marketing year Native spearmint oil salable quantity was initially established at 678,980 pounds and the allotment percentage initially set at 26 percent. This action increases the Native spearmint oil salable quantity to 731,220 pounds and the allotment percentage to 28 percent. The Committee recommended this action to help maintain stability in the spearmint oil market by matching supply to estimated demand, thereby avoiding extreme fluctuations in supplies and prices. Establishing quantities that may be purchased from or handled on behalf of producers during the marketing year through volume regulation allows producers to coordinate their spearmint oil production with expected market demand. Authority for this proposal is provided in §§ 985.50, 985.51, and 985.52 of the Order.

Based on the information and projections available at the October 9, 2024, meeting, the Committee considered several alternatives to this increase. The Committee considered leaving the salable quantity and allotment percentage unchanged, and also considered other potential levels of increase. The Committee reached its recommendation to increase the salable quantity and allotment percentage for Native spearmint oil after careful consideration of all available information and input from all interested industry participants and believes that the levels established herein will achieve the desired objectives. The recommendation to increase the salable quantity and allotment percentage passed with a vote of 6 in favor with 2 opposed. The members voting against the recommendation supported volume control, but did not believe that additional supply would be necessary to meet 2024-2025 marketing year demand. Without the increase, the Committee believes the industry may not be able to satisfactorily meet market demand.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this final rule. Should any changes become necessary, they would be submitted to OMB for approval.

This final rule relaxes the volume regulation requirements established under the Order. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large Far West spearmint oil handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies.

AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

AMS has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule.

A proposed rule concerning this action was published in the Federal Register on December 4, 2024 (89 FR 96126). Copies of the proposed rule were made available to all members of the Committee and industry handlers. The proposal was made available through the internet by USDA and the Office of the Federal Register. A 15-day comment period ending December 19, 2024, was provided for interested persons to respond to the proposal. No comments were received during the comment period. Accordingly, no changes have been made to the rule as proposed.

A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section.

After consideration of all relevant material presented, including the information and recommendations submitted by the Committee and other available information, AMS has determined that this rule is consistent with and tends to effectuate the declared policy of the Act.

Further, it is found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register (5 U.S.C. 553 (d)) because there is demand for additional Far West Native spearmint oil that will not be available under the volume regulation provisions of the Order until this final rule is effective. Handlers want to take advantage of this relaxation as soon as possible and any delay may result in the loss of marketing opportunities, in both the near and long term. Native spearmint oil demand that cannot be satisfied from spearmint oil from the Far West production area may be fulfilled from other U.S. production areas or imported product. The loss of immediate business resulting from a delayed implementation of this rule could result in customers entering into purchase agreements with other Native spearmint oil providers. Delaying this rule would prevent handlers from meeting current seasonal demand, resulting in lost revenue from missed sales and the potential loss of long-term customers who may secure supply from other sources. This represents clear and immediate economic harm to the industry. This action, which was initiated by the Committee at a meeting on October 9, 2024, was intended to address an immediate need for additional Native spearmint oil from the Far West spearmint oil industry. Any delay in its implementation could have a negative economic impact on the industry from lost Native spearmint oil sales.

For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 985 as follows:

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain serial-numbered Bombardier Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM was published in the Federal Register on March 26, 2025 (90 FR 13709). The NPRM was prompted by AD CF-2024-27, dated July 24, 2024, issued by Transport Canada, which is the aviation authority for Canada (also referred to as “the MCAI”). The MCAI states that incorrect approach speed adders and landing distance factors were discovered in the AFM tables for the SLAT-FLAP FAIL (Caution) Crew Alerting System (CAS) message and the jammed or inoperative slat/flap control lever (SFCL) non-normal procedures. The incorrect speed adders and landing distance factors present a potentially unsafe condition due to the shortfall between the actual performance and the approved performance.

In the NPRM, the FAA proposed to require revising the Non-Normal Procedures section of the existing AFM to provide the flightcrew with corrected procedures to use in certain slat-flap conditions. The FAA is issuing this AD to address incorrect speed adders and landing distance factors in AFM tables. The unsafe condition, if not addressed, could lead to increased workload for the flightcrew, possible stick shaker activation (stall warning) due to a need to increase speed beyond the published AFM speed adder, and increased landing distance beyond published non-normal landing distance factors.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-0477.

The FAA received no comments on the NPRM or on the determination of the cost to the public.

These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

The FAA reviewed the following Bombardier material. This material describes procedures to address certain slat-flap conditions ( i.e., Slat-flap fail (Caution) CAS message, or a jammed or inoperative SFCL). These documents are distinct since they apply to different configurations and different airplane models.

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global Express AFM, Publication No. CSP 700-1, Revision 119, dated May 22, 2024. (For obtaining the procedures for Bombardier Global Express AFM, Publication No. CSP 700-1, use Document Identification No. GL 700 AFM-1.)

• Chapter 7—Supplement 20—Operations at Airport Elevations Above 10,000 Feet (which includes Jammed or Inoperative Slat/Flap Control Lever procedure and Slat-Flap Fail procedures); Bombardier Global Express AFM, Publication No. CSP 700-1, Revision 119, dated May 22, 2024. (For obtaining the procedures for Bombardier Global Express AFM, Publication No. CSP 700-1, use Document Identification No. GL 700 AFM-1.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global Express AFM, Publication No. CSP 700-1A, Revision 119, dated May 22, 2024. (For obtaining the procedures for Bombardier Global Express AFM, Publication No. CSP 700-1A, use Document Identification No. GL 700 AFM-1A.)

• Chapter 7—Supplement 20—Operations at Airport Elevations Above 10,000 Feet (which includes Jammed or Inoperative Slat/Flap Control Lever procedure and Slat-Flap Fail procedures), Bombardier Global Express AFM, Publication No. CSP 700-1A, Revision 119, dated May 22, 2024. (For obtaining the procedures for Bombardier Global Express AFM, Publication No. CSP 700-1A, use Document Identification No. GL 700 AFM-1A.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global 6000 AFM, Publication No. CSP 700-1V, Revision 49, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 6000 AFM, Publication No. CSP 700-1V, use Document Identification No. GL 6000 AFM.)

• Chapter 7—Supplement 20—Operations at Airport Elevations Above 10,000 Feet (which includes Jammed or Inoperative Slat/Flap Control Lever procedure and Slat-Flap Fail procedures), Bombardier Global 6000 AFM, Publication No. CSP 700-1V, Revision 49, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 6000 AFM, Publication No. CSP 700-1V, use Document Identification No. GL 6000 AFM.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure) Bombardier Global 5000 AFM, Publication No. CSP 700-5000-1 AFM, Revision 80, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 5000 AFM, Publication No. CSP 700-5000-1, use Document Identification No. GL 5000 AFM.)

• Chapter 7—Supplement 20—Operations at Airport Elevations Above 10,000 Feet (which includes Jammed or Inoperative Slat/Flap Control Lever procedure and Slat-Flap Fail procedures), Bombardier Global 5000 AFM, Publication No. CSP 700-5000-1 AFM, Revision 80, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 5000 AFM, Publication No. CSP 700-5000-1, use Document Identification No. GL 5000 AFM.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global 5000 Featuring Global Vision Flight Deck AFM, Publication No. CSP 700-5000-1V, Revision 49, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 5000 Featuring Global Vision Flight Deck AFM, Publication No. CSP 700-5000-1V, use Document Identification No. GL 5000 GVFD AFM.)

• Chapter 7—Supplement 20—Operations at Airport Elevations Above 10,000 Feet (which includes Jammed or Inoperative Slat/Flap Control Lever procedure and Slat-Flap Fail procedures), Bombardier Global 5000 Featuring Global Vision Flight Deck AFM, Publication No. CSP 700-5000-1V, Revision 49, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 5000 Featuring Global Vision Flight Deck AFM, Publication No. CSP 700-5000-1V, use Document Identification No. GL 5000 GVFD AFM.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global 5500 AFM, Publication No. CSP 700-5500-1, Revision 21, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 5500 AFM, Publication No. CSP 700-5500-1, use Document Identification No. GL 5500 AFM.)

• Section 05-10 Flight Controls, Chapter 5—Non-Normal Procedures (which includes the Jammed or Inoperative Slat/Flap Control Lever Procedure and Slat-Flap Fail (Caution) procedure), Bombardier Global 6500 AFM, Publication No. CSP 700-6500-1, Revision 21, dated May 22, 2024. (For obtaining the procedures for Bombardier Global 6500 AFM, Publication No. CSP 700-6500-1, use Document Identification No. GL 6500 AFM.)

This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

The FAA estimates that this AD affects 476 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Will not affect intrastate aviation in Alaska, and

(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it amends Class E airspace in Hagerstown, MD.

The FAA published an NPRM for Docket No. FAA-2025-0606 in the Federal Register (90 FR 15533; April 14, 2025), proposing to amend Class E airspace extending upward from 700 feet above the surface at Hagerstown Regional-Richard A. Henson Field, Hagerstown, MD. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11J, dated July 31, 2024, and effective September 15, 2024. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11J, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

This action amends 14 CFR part 71 by amending the Class E airspace extending upward from 700 feet above the surface at Hagerstown, MD. The VOR portion of the St. Thomas VORTAC was decommissioned on November 30, 2023, and only the TACAN remains as a functional part of the NAVAID. This action changes the associated references in the airspace legal description from St. Thomas VORTAC to St. Thomas TACAN. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant the preparation of an environmental assessment.

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

This rule amends 14 CFR part 97 by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA Forms are 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B, when required by an entry on 8260-15A, and 8260-15C.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, pilots do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPS, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPs as identified in the amendatory language for part 97 of this final rule.

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flights safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

This rule amends 14 CFR part 97 by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, pilots do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary. This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

The Coast Guard will enforce special local regulations in § 100.704 for the North Charleston Fireworks and the Patriots Point Fireworks events listed in Items No. 5 and 6 in Table 1 to § 100.704, from 8 p.m. until 10 p.m. on July 4, 2025; with an alternate rain date from 8 p.m. until 10 p.m. on July 5, 2025.

This action is necessary to provide for the safety of life on these navigable waters during marine events. Our regulations for marine events within the COTP Charleston Zone, Table 1 to § 100.704, Item Numbers 5 and 6, specifies the location of the regulated areas for the North Charleston Fireworks and the Patriots Point Fireworks. During the enforcement periods, as reflected in § 100.704(c), if you are the operator of a vessel in the regulated area you must comply with directions from the COTP Charleston or designated representative.

In addition to this notification of enforcement in the Federal Register , the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts.

The Coast Guard will enforce the safety zone regulations in Southern California Annual Firework Events for the San Diego Captain of the Port Zone, 33 CFR 165.1123, for the Coronado Glorietta Bay Fourth of July Fireworks regulated area from 8 p.m. until 10 p.m. on July 4, 2025. This action is being taken to provide for the safety of life on navigable waterways during the fireworks event. Item No. 3 in Table 1 to § 165.1123 identifies the regulated area for the Coronado Glorietta Bay Fourth of July Fireworks event which encompasses multiple portions of San Diego Bay. Spectator vessels may safely transit outside the regulated area but may not anchor, block, loiter, or impede the transit of participants or official patrol vessels. The Coast Guard may be assisted by other Federal, State, or Local law enforcement agencies in enforcing this regulation.

In addition to this notice of enforcement in the Federal Register , the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, and local advertising by the event sponsor.

If the Captain of the Port or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area.

The Coast Guard will enforce a safety zone regulation in 33 CFR 165.939 for the annual Festival of the Fish fireworks display in Vermilion, OH listed in paragraph (f) no. item 1 in Table 1 to § 165.939, from 9:00 p.m. to 11:30 p.m., on June 16, 2025. This action is being taken to provide for the safety of life on navigable waterways during this event. The regulation for recurring marine events within the Captain of the Port (COTP) Sector Eastern Great Lakes, Table 1 to § 165.939, paragraph (f) no. item 1, specifies the location of the regulated area for the Festival of the Fish fireworks display event. During the enforcement period, no vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP Sector Eastern Great Lakes or his or her on-scene representative.

In addition to this notification of enforcement in the Federal Register , the Coast Guard will provide notification of this enforcement period via Broadcast Notice to Mariners.

This is a summary of the Commission's Report and Order and Sixth Report and Order in WT Docket No. 24-243 and GN Docket No. 14-177; FCC 25-24, adopted on April 28, 2025, and released on April 29, 2025. A Further Notice of Proposed Rulemaking (FNPRM) relating to the Report and Order and Sixth Report and Order will be published in the Proposed Rule section of the Federal Register on the same date as this summary. The full text of the document is available at https://www.fcc.gov/document/fcc-clears-way-wireless-innovation-lower-37-ghz-band-0.

The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” Accordingly, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the possible impact of the rule changes contained in the Report and Order on small entities. The FRFA is set forth section IV.

The Report and Order and Sixth Report and Order contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, the Commission note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees.

In this present document, the Commission has assessed the effects of requiring entities interested in operating in the Lower 37 GHz band to submit applications for nationwide, non-exclusive licenses and to coordinate their proposed operations with other operators. It finds that such requirements are necessary to comply with statutory requirements and to avoid interference. The proposed information collection requirements would apply equally to small and large entities.

The Commission will submit the Report and Order and Sixth Report and Order to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for concurrence as to whether this rule is “major” or “non-major” under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the Report and Order and Sixth Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

1. This item builds on the Commission's longstanding work to enable greater and more intensive use of spectrum. Specifically, it establishes a framework to share the Lower 37 GHz band among Federal and non-Federal users. This framework will allow the Lower 37 GHz band to be used for a range of services through rules designed to accommodate a variety of use cases—including backhaul and backbone links; fixed wireless broadband systems; Internet of IoT-type systems; and supplemental capacity for mobile systems. The Commission also adopts an initial mechanism for coordinating co-primary shared Federal and non-Federal uses of the band, developed jointly with NTIA with input from DoD and other interested Federal and non-Federal stakeholders.

2. The Report and Order and Sixth Report and Order is the next step in the Commission's efforts to make millimeter wave (mmW) spectrum available for intensive use, and to ensure continued American leadership in wireless services. Such leadership is critical for economic growth, job creation, public safety, and global competitiveness. The framework the Commission sets for the Lower 37 GHz band will allow for co-primary spectrum sharing between Federal and non-Federal users in the same spectrum band by offering site-based authorizations capable of accommodating systems that do not require geographic area licenses. By developing a framework that makes 600 megahertz of additional millimeter wave spectrum available for commercial and for government use, the Commission takes another critical step towards providing opportunities for more robust spectrum-based services that serve the nation's interests.

3. Lower 37 GHz Allocations. The entire 37 GHz band (37-38.6 GHz) is allocated to the fixed and mobile services on a primary basis for Federal and non-Federal use. Portions of the 37 GHz band are also allocated to the Space Research Service (SRS) (space-to-Earth) on a primary basis for Federal use (37-38 GHz), and to the Fixed-Satellite Service (FSS) (space-to-Earth) on a primary basis for non-Federal use (37.5-38.6 GHz). The use of this FSS downlink allocation is limited to individually-licensed earth stations, and is also subject to other limitations. In addition, the 37 GHz band is adjacent to the 36-37 GHz band, where passive sensors in the Earth Exploration Satellite Service (EESS) and SRS are located.

4. In 2016, the Commission adopted rules to permit fixed and mobile terrestrial operation in the 37 GHz band ( 2016 Order, 81 FR 79894). The Commission adopted a licensing regime for the 37.6-38.6 GHz portion of the band (Upper 37 GHz band), and made the Lower 37 GHz band available for coordinated co-primary sharing between Federal and non-Federal users, in which users have a right to interference protection, but no right to exclude other users. It explained that Federal and non-Federal users would access the Lower 37 GHz band through a coordination mechanism, which would be developed more fully through an accompanying FNPRM and Federal agency/industry collaboration. The Commission adopted the same technical rules for the Lower 37 GHz band and the Upper 37 GHz band.

5. In the accompanying 2016 FNPRM (81 FR 58270), the Commission sought comment on a proposal under which Federal and non-Federal fixed and mobile users would access the Lower 37 GHz band by registering individual sites through a coordination mechanism. Under the proposal, the coordination mechanism would facilitate coordinated access by authorizing a particular user to use a particular bandwidth of spectrum at a particular location. The Commission sought comment on the coordination mechanism and the functions that it should be able to perform. 1 The Commission also sought comment on other aspects of the Lower 37 GHz band regime, including whether a portion of the lower band segment should be made available for priority access by Federal users; whether an enforcement mechanism in the Lower 37 GHz band is necessary to help identify and rectify interference events; and whether and how to apply secondary market rules to the Lower 37 GHz band.

6. In 2018, the Commission denied petitions for reconsideration asking that it adopt exclusive area licensing in the Lower 37 GHz band, and that it not allow Federal entities to have expansion rights in that band (83 FR 34478, corrected 84 FR 17360). Instead, the Commission affirmed its prior conclusion that “[a]llowing part of the band to be made available on a non-exclusive, shared basis will promote access to spectrum by a wide variety of entities, support innovative uses of the band, and help ensure that spectrum is widely utilized.” In an accompanying FNPRM, the Commission also sought comment on how to coordinate operations under a non-exclusive licensing regime that could be used to share spectrum either between non-Federal entities or between Federal and non-Federal entities ( 2018 FNPRM, 83 FR 34520). The Commission sought comment on a first-come-first-served licensing or registration scheme. It further sought comment on three types of non-Federal licenses for the Lower 37 GHz band: point-to-point licenses; base station licenses; and “site-cluster licenses,” in which the applicant would license a larger non-exclusive point-radius license within which it could register individual base stations and/or point-to-point links. It also sought comment on using the notice and response rules applicable to part 101 microwave operations to coordinate operations, as well as a proposal by Starry, Inc. to require use of a third-party coordinator. The Commission also asked commenters to address how to prevent “warehousing,” whereby a licensee preserves its spectrum usage rights without providing actual service.

7. In the 2018 FNPRM, the Commission also recognized the importance of the Lower 37 GHz band to future Federal operations, and stated its intent to work in partnership with NTIA, DoD, and other Federal agencies to develop a sharing approach that allows for robust Federal and non-Federal use in the Lower 37 GHz band. The Commission proposed to require non-Federal users to work with Federal users in good faith to coordinate any new system Federal users might seek to deploy. At the same time, it anticipated that non-Federal users would not be required to agree to coordination requests that would carry a significant risk of harmful interference, and it sought comment on the best means of coordinating with Federal operations. To the extent that the solution to preserving a Federal entity's options may be to reserve a part of the band for its priority use, the Commission asked how to define such priority rights.

8. The Commission received fifteen comments and eight reply comments to the 2018 FNPRM that addressed the Lower 37 GHz band. Commenters express a variety of views on licensing the band. Some commenters continued to urge the Commission to adopt geographic area licensing despite the Commission's prior decisions not to use geographic area licensing in the Lower 37 GHz band. Other commenters offered general principles the Commission should use but do not discuss specific licensing mechanisms. Several commenters suggested the Commission base its rules on those adopted for the 71-76 GHz and 81-86 GHz bands (70/80 GHz bands). Other commenters proposed that indoor use be authorized on a licensed-by-rule basis. Additionally, in 2023, some interested parties provided comments on sharing in the Lower 37 GHz band in response to the Commission's 42 GHz NPRM (88 FR 49423).

9. Subsequently, in 2023, the National Spectrum Strategy (NSS), adopted under the prior Administration, identified the Lower 37 GHz band for further study “to implement a co-equal, shared-use framework allowing Federal and non-Federal users to deploy operations in the band.”

10. To aid in the study of the band, the Commission's Wireless Telecommunications Bureau (WTB) issued a Public Notice seeking further development of the record relating to the Lower 37 GHz band ( 2024 Public Notice; 89 FR 68610). The 2024 Public Notice specifically solicited further information on: (i) potential uses of the Lower 37 GHz band; (ii) a two-phase coordination framework; (iii) adjacent band protections, including whether additional measures are needed to protect spaceborne remote passive sensors in the 36-37 GHz band; (iv) a licensing process, which would involve two steps for non-Federal operations; and (v) priority access for DoD and military agency departments in the 37-37.2 GHz portion of the band. It also sought general input on a means of ensuring widespread access to Lower 37 GHz spectrum. The Commission received thirteen comments and four ex parte filings in response to the 2024 Public Notice.

11. On November 29, 2024, DoD and NTIA released a report recommending adoption of the coordination framework described in the 2024 Public Notice; establishing priority access for DoD in the 37-37.2 GHz portion of the band while retaining co-equal access for Federal and non-Federal users in the 37.2-37.6 GHz portion of the band; and establishing stricter out-of-band emission limits than the Commission previously adopted in 2016 in order to protect adjacent band operations in the 36-37 GHz band.

12. As previously decided, the Lower 37 GHz band will be made available for Federal and non-Federal use on a co-primary, shared basis. Under this sharing framework licensees with operations have a right to interference protection, but no right to exclude other users. In the Report and Order, the Commission adopts a licensing framework that requires non-Federal users first to obtain a nationwide non-exclusive license. Next, users would coordinate their proposed site-based operations with other potentially affected operators using a two-phase interference coordination process. Following successful coordination, licensees would register their proposed sites pursuant to procedures to be established by WTB. The Commission also adopts interference protection criteria to govern the coordination process and facilitate sharing between and among Federal and non-Federal users.

13. In addition, the Commission adopts rules that grant a priority to military systems operating in the 37-37.2 GHz portion of the band. The Commission also sets forth construction requirements for non-Federal users in the band and adopt more stringent requirements during the initial site registration round to ensure efficient and effective spectrum use and prevent spectrum warehousing. Finally, the Commission declines to adopt secondary market rules given the licensing framework it adopts herein.

14. The Commission adopts a two-step non-Federal licensing framework under which a non-Federal entity seeking to operate in the Lower 37 GHz band first obtains a nationwide non-exclusive license covering all the frequencies in the Lower 37 GHz band, and then applies for site-based registrations. Nationwide non-exclusive licenses best serve the public interest based on this band's specific characteristics (including propagation), and the characteristics of the contemplated technologies and use cases. 2 The Commission also notes that, given the characteristics of the Lower 37 GHz band and services, a nationwide, non-exclusive approach will serve the public interest by permitting a range of users to obtain a license and explore the opportunities the band provides. The straightforward approach offers would-be entrants operational flexibility by requiring them to provide site-specific information only after sites are successfully coordinated and registered. There is no limit on the number of non-exclusive nationwide licenses that may be granted for Lower 37 GHz, as these licenses serve only as a prerequisite for coordinating and registering individual point-to-point links and base stations.

15. The Commission declines to reconsider adoption of a geographic area licensing regime, as some commenters have recommended. The Commission previously rejected the use of geographic area licensing in the Lower 37 GHz band, and revisiting the Commission's framework for sharing the 37 GHz band would delay the ability to bring this spectrum to market expeditiously.

16. The Commission also rejects the “Property Zone” license area concept proposed by Intel and Cisco, because the Commission finds that adopting a special category of license is unnecessary. As proposed by Intel and Cisco, a Property Zone license would be a form of geographic area license issued to a property owner and defined by the boundary of the real property in question. As Intel and Cisco state, “under the rules already adopted, a real property owner would be able to register and operate a site defined by its property boundary even if the [Property Zone] license category did not exist.” The Commission agrees. The Commission disagrees with Intel and Cisco, however, that the creation of Property Zone licenses “has advantages in the operational efficiency of the sharing framework.” On the contrary, the Commission finds that the simplified licensing framework the Commission adopts allow property owners to register their operations using the same straightforward framework as every other non-Federal licensee in the Lower 37 GHz band.

17. Background. In the 2016 FNPRM, the Commission sought comment on the most appropriate coordination mechanism for the Lower 37 GHz band. In 2018, the Commission noted that the Lower 37 GHz band would accommodate a variety of use cases and sought comment on utilizing a third-party coordinator or, alternatively, implementing a coordination model similar to that used in part 101 point-to-point bands.

18. Commenters on the 2016 FNPRM and 2018 FNPRM largely do not discuss or propose any coordination mechanisms or specific parameters. Several commenters suggest the Commission base its rules on those adopted for the 71-76 GHz and 81-86 GHz bands (70/80 GHz band). Other commenters propose that indoor use be authorized on a licensed-by-rule basis.

19. In 2020 the Commission began collaborating with NTIA and DoD to further define and develop a possible coordination mechanism that would permit the innovative type of Federal/non-Federal spectrum sharing envisioned for the Lower 37 GHz band. These conversations focused on balancing the desire to make this spectrum available expeditiously for deployment with the need to protect both Federal and non-Federal operations in the band from harmful interference. In the 2024 Public Notice, WTB described this potential coordination mechanism, including the technical details of its interference analysis. This two-phase framework was developed to ensure meaningful access to spectrum by later entrants, including Federal entrants, while also ensuring adequate protection from harmful interference for the operations of incumbents and earlier applicants, and the ability to register and deploy sites quickly and efficiently.

20. The Commission received a range of comments discussing this coordination mechanism. One group of commenters supports the Phase One/Phase Two approach described in the 2024 Public Notice, while another group favors the use of a dynamic spectrum management system (DSMS). Some commenters suggest that the coordination mechanism would benefit from further development, specifically by or in conjunction with commercial entities. Multiple commenters suggest specific requirements for Phase Two coordination with Federal entities, including a shot clock or specific requirements on information disclosure.

21. Discussion. The Commission adopts a two-phase coordination framework, as described in the 2024 Public Notice. This framework will allow coordination to proceed efficiently while maintaining interference protection for previously registered sites.

22. In the first phase of coordination, licensees will use certain technical parameters of their proposed site registration to generate an interference contour for the proposed site. 3 For a point-to-point link, the parameters will include transmitter location (latitude and longitude), equivalent isotropic radiated power (EIRP), transmitter antenna height, receiver antenna height, and antenna azimuth angle. A point-to-multipoint or base-to-mobile site will also require submitting these parameters except for receiver antenna height and antenna azimuth angle. The applicant will use the required parameters, together with a propagation model that takes into account propagation loss due to terrain, to generate an interference contour for the proposed site. It will then compare its contour with the contours of non-Federal sites that previously have been registered in the database designated by WTB and Federal sites that have previously been authorized by NTIA. If this interference contour does not overlap with the contour for any previously registered site, then coordination is successful, and the licensee may proceed to register its proposed site, pursuant to procedures to be established by WTB. Further, the Commission anticipates that third party coordinators might offer services to licensees that draw these contours and compare for overlap with incumbent operator areas. Nonetheless, the Commission recognizes that the development of a portal that would automate the creation and comparison of Phase One contours could be useful to licensees, and the Commission directs FCC staff to collaborate with NTIA staff on the development of such a portal.

23. If the first phase of coordination indicates an overlap between the interference contours of the proposed site and a previously registered site or authorized non-Federal site, then coordination is not yet successful, and will proceed instead to Phase Two coordination. In this phase, the licensee of the proposed site will directly contact the operator(s) of the existing site(s). Non-Federal operators' contact information will available to the public pursuant to procedures to be established by WTB; Federal operators' contact information will be provided by NTIA. The licensee of the proposed site will provide additional technical details of the site to the other operators. Under the rules the Commission adopts herein, non-Federal operators will have fifteen business days to respond with the technical details of their existing sites. The subsequent Phase Two coordination discussions would then explore whether and under what circumstances a placement inside the relevant interference contours might be feasible, such as with the use of more advanced interference mitigation techniques including antenna directivity, polarization, or shielding. Operators, including Federal operators and the licensee of the prospective site, will negotiate and cooperate in good faith to determine whether coexistence would be possible. The Commission anticipates that operators will work expeditiously to identify solutions for co-existence. If the operators reach an agreement, then coordination is successful and the licensee may register the prospective site pursuant to procedures to be established by WTB.

24. Though the Commission does not find it necessary at this time to mandate the use of a third-party coordinator or database administrator, as requested by Comsearch and NCTA, it does emphasize that, under the coordination mechanism adopted herein, applicants have the flexibility to use a third-party coordinator for any of the Phase One and Phase Two functions. Ultimately, in order to preserve interference protection for site-specific locations, licensees must ensure that these locations are registered pursuant to procedures to be established by WTB.

25. A dispute resolution process will be established to resolve disputes that arise during the coordination process. In the case of a dispute between non-Federal entities, this process will be overseen by the Commission; disputes between non-Federal and Federal entities will be overseen jointly by the Commission and NTIA. 4

26. The Commission directs WTB to work with NTIA and relevant Federal agencies to work out the details of how the coordination process, including the dispute resolution process, will be implemented, consistent with the rules and principles adopted herein. The Commission also directs WTB to provide licensees with appropriate notifications and instructions concerning the coordination process.

27. The Commission acknowledges the suggestions of some commenters that a DSMS could provide a more efficient solution for spectrum sharing in this band. However, at this time the record does not support one specific DSMS model nor identify the parameters that would be required to implement a DSMS. In the interest of moving expeditiously toward deployment in this band, the Commission adopts the Phase One/Phase Two framework for which the Commission have established technical parameters and which the Commission are confident will be sufficient to protect Federal and non-Federal operations. In addition, as some commenters note, adoption of this approach does not necessarily foreclose the later adoption of a DSMS. By registering a site, licensees are not granted a right to exclude others from their registration area but are protected against actual interference by later-registered sites. Therefore, a DSMS would potentially be compatible with existing deployments and registrations in the band, and the Commission seeks comment elsewhere on whether to pursue this approach in the future.

28. Additional Coordination Requirement for Operations in 37.5-37.6 GHz. The 37.5-37.6 GHz sub-band is shared with the Fixed-Satellite Service. Licensees seeking to operate in the 37.5-37.6 GHz portion of the band must therefore also obtain the consent of licensees of co-channel Fixed-Satellite Service earth stations before registering site-specific locations located within the protection zone established under § 25.136(b) and (c) of the Commission's rules. 5

29. Indoor-Only GAA Operations. The Commission declines to allow indoor-only operations on an uncoordinated or General Authorized Access (GAA) basis, as proposed by the Digital Services Act (DSA) and New America/Open Technology Institute (OTI). While certain building materials effectively block millimeter wave signals, that is not true for certain types of glass or other materials. Given the wide variety of operations that may co-exist in the Lower 37 GHz band, the Commission believe that it is prudent for all proposed operations to coordinate and register their operations.

30. As noted above, in the 2016 Order the Commission adopted the same technical rules for the Lower 37 GHz band and the Upper 37 GHz band. Currently, the Commission's rules apply the same field strength limits throughout the 28 GHz, 37 GHz, and 39 GHz bands, including in the Lower 37 GHz band. Licensees may not exceed a power flux density (PFD) level of −76 dBm/m 2 /MHz at the geographical border of their license area, unless the adjacent affected service area licensee agrees to a different PFD.

31. The site registration scheme the Commission adopts herein defines registered sites by calculation from the specifics of the site's transmitter and the surrounding terrain, rather than using a defined geographic area or radius. Accordingly, the field strength limit in § 30.204 will be inapplicable to sites in the Lower 37 GHz band, and the Commission amends that rule to exclude the Lower 37 GHz band.

32. Instead of a market boundary limit, the coordination mechanism the Commission adopt for this band requires a coordination trigger: the field strength level at which the interference contour is set. Appendix A to the 2024 Public Notice specified the coordination trigger as a power spectral density threshold (PSDT) of −110 dBm/100 MHz. Ericsson supports this coordination trigger, while NCTA opposes it as too conservative, especially given that the proposed propagation model does not incorporate clutter or the highly focused nature of the transmission beams in this band. While this is a more conservative threshold than the market boundary limit discussed above, it is appropriate here given its different function; deployments within this contour are not precluded, but instead require further coordination. Accordingly, the Commission adopts a coordination trigger of a power spectral density threshold (PSDT) of −110 dBm/100 MHz for the purposes of the Phase One coordination mechanism in this band.

33. Regarding clutter, the Commission notes that it can make a significant difference in interference potential and can make propagation modeling substantially more accurate and allow for more intensive use of the band. At this time, the Commission does not have a sufficient record to incorporate clutter into the Phase One calculations. The Commission separately seeks to develop a record that would allow it to incorporate clutter into the Phase One calculations.

34. Some commenters have raised the issue of adjacent channel interference between Upper 37 GHz and Lower 37 GHz licensees in the top 100 MHz channel of the Lower 37 GHz band (37.5-37.6 GHz). This concern is addressed by the out-of-band emission limits already present in the Commission's rules, which apply to licensees in all Upper Microwave Flexible Use Service (UMFUS) bands, including the Lower 37 GHz band. The interference potential between stations in the Lower 37 GHz band and adjacent channel stations in the Upper 37 GHz band is no greater than the existing interference potential between adjacent channel stations within the Upper 37 GHz band. Because the Commission's part 30 rules already address this issue, the Commission do not adopt any further limits or restrictions for the Lower 37 GHz band specifically.

35. An operator seeking to register sites for non-Federal operations must first obtain a non-exclusive nationwide license, and then successfully coordinate each proposed site with all relevant Federal and non-Federal incumbent operators. After completing those steps, a licensee must register individual site locations. Verizon, Ericsson, and NCTA support the site registration requirement. Registration should provide all required technical information on the proposed operations and sufficient evidence of successful coordination, such as a “green light” result from a third-party coordinator. The specific requirements for registration applications, and the dates of the initial registration filing window, will be announced by WTB in a future public notice.

36. The Commission proposed to allow point-to-point and point-radius site registrations. The Commission adopt this proposal in a modified form. Point-to-point and point-to-multipoint site registrations will both be accepted; however, point-to-multipoint sites will not be associated with a specified radius, which in the Commission's previous proposal functioned as a type of exclusion zone. Instead, all sites will have an associated interference contour that will be used in the coordination process but not separately represented in the database of record, although it may be calculated based on the parameters available in a site's entry in the database. Point-to-multipoint user stations at fixed locations, deployed in conjunction with a registered base station site and transmitting at or under the +75 dBm/100 MHz EIRP limit applicable to fixed stations, need not be individually coordinated, but may operate under the coordination of the base station(s) they are communicating with.

37. The Commission declines to adopt its proposal to implement site-cluster licenses. Without any support in the record for this proposal, the Commission finds that site-cluster licenses are not necessary to promote the efficient deployment of the Lower 37 GHz band. Licensees may still deploy networks by individually registering multiple sites to create a network.

38. Initial Site Registration Round. Following the application window for nationwide licenses, WTB will open an initial window for site registrations (“initial site registration round”). Because there will be no non-Federal UMFUS operations in the band when this initial window is opened, licensees will not be required to coordinate with other UMFUS licensees prior to filing registrations during this initial site registration round only, though they will need to coordinate with Federal operators through procedures to be developed by NTIA and the Commission and subsequently announced. Site registrations will be processed in order of receipt unless a later-filed registrant provides evidence that it completed coordination prior to the other registrant. Using a first-in-time approach will simplify processing of registrations and help eliminate the possibility of mutually exclusive registrations. Priority will be awarded to site registrations on a first-in-time basis, according to the timestamp on the complete, accepted site registration application. Later-filed applications that conflict with priority registrations will be dismissed without prejudice and may be refiled after coordinating with existing registrants. After registrations in the initial site registration round are processed, registrations will be accepted on an ongoing basis, subject to compliance with the coordination rules.

39. Additional Steps Towards Implementation of the Licensing Framework. As noted in various sections above, there are a number of actions that will be taken before the initial registration round will begin. WTB will develop procedures for filing applications for nationwide non-exclusive licenses and will announce these procedures in a Public Notice that establishes the application filing window. WTB also will determine the appropriate procedures for registering non-Federal sites, taking into account determinations that NTIA will make about how information about Federal sites will be made available to Commission licensees, and systems work will be done to make information available. WTB and NTIA will work together to develop additional coordination procedures, including a dispute resolution process, after required or appropriate notice and comment, consistent with the rules and principles adopted herein. Guidance regarding the coordination process and registration procedures will be announced by WTB in a Public Notice that establishes the filing window for site registrations. Entities that wish to begin operations prior to the establishment of the site registration window may apply for temporary authority, on a non-interference basis, through the Commission's established procedures; the Commission expects that such authority will terminate prior to the initial site registration round. The Commission will elsewhere consider additional issues regarding potential changes in the unwanted emission limit for mobile stations in the Lower 37 GHz band, possible improvements in the Phase One coordination process, and potential paths towards DSMS. Licensees that initiate service in the band will be subject to any future rule changes.

40. Background. Although the Lower 37 GHz band will be a co-primary, shared use band among Federal and non-Federal users, the Commission is cognizant that military deployments are often on longer timescales than commercial deployments, and consequently that these military deployments may require priority access to ensure they are not precluded from accessing the band. At the same time, the Commission recognizes that non-Federal deployment under certain conditions may be necessary to prevent any such priority access spectrum from being underutilized. As such, the 2024 Public Notice sought input on implementing priority access for the DoD and military agencies in the lower 200 megahertz portion of the band (37-37.2 GHz) and sought input on the conditions under which non-Federal users could operate in this portion of the band while maintaining flexibility for military deployments Specifically, the 2024 Public Notice sought input on allowing non-Federal users to register and deploy sites in the 37-37.2 GHz portion of the band immediately, subject to the conditions that they modify or cease operations in the future if those operations conflict with subsequent military deployments—and that non-Federal operators would not be protected from harmful interference from subsequent military deployments.

41. No commenters in response to the 2024 Public Notice oppose reserving the lower 200 megahertz of the band for priority access for the DoD and military agencies, so long as the Commission allow non-Federal operations in the lower 200 megahertz segment in areas where DoD is not using the spectrum. Ericsson, however, urges the Commission to limit Federal priority access to outdoor operations only, arguing that the anticipated non-Federal indoor operations use cases are unlikely to pose interference to Federal operations and should be coordinated and protected on a first-come, first-served basis. NCTA argues that under its alternative coordination mechanism priority access would not be necessary. If, however, the Commission was to adopt the proposed two-phase coordination mechanism, NCTA acknowledges that priority access may be reasonable. All commenters oppose the lower 200 megahertz being set aside exclusively for military operations, instead preferring that non-Federal operations be permitted to operate in the lower portion of the band subject to the condition that they modify or potentially cease operations if the non-Federal operations conflict with military operations that are subsequently deployed.

42. Discussion. The Commission adopts priority access for Federal military operations in the 37-37.2 GHz sub-band. The Commission believes that establishing priority access strikes the right balance between enabling military operations to deploy in the band despite having longer timescales than non-Federal operations and permitting non-Federal operations to make the most efficient use of the spectrum. Non-Federal operators can register and deploy sites immediately in the lower 200 megahertz, but must modify or cease operations in the future if those operations conflict with subsequent military operations, and non-Federal operators will not be protected from harmful interference from subsequent military deployments in this portion of the band. The Commission rejects Ericsson's suggestion to limit priority access to outdoor operations on the grounds that, as discussed above, the Commission is not excepting indoor operations.

43. In the DoD/NTIA Report, DoD and NTIA describe when and how they would invoke priority access and the anticipated process for resolving potential interference concerns. DoD and NTIA envision invoking priority access when the incoming military operations' Phase One conduit's overlap with deployed non-Federal operations in the 37-37.2 GHz portion of the band. Once priority access is invoked, DoD and NTIA recommend that DoD would subsequently work in good faith with the non-Federal operator over a set time period ( i.e., 30 days) to resolve the interference concerns. In that regard, the DoD/NTIA Report recommends that the [non-Federal] operator either modify its service to be consistent with DoD operations or shut down if coexistence is not possible. Upon notification that DoD is beginning construction of its facilities, the non-Federal operator must modify or cease any overlapping operations. One of the rules adopted in this item imposes that requirement. DoD and NTIA support a limited transition period of compliance for non-Federal incumbents following this notification. The decision whether to allow a transition period in a particular case is within the discretion of DoD.

44. Background. To prevent warehousing of spectrum and to promote rapid deployment of new technologies and services to the benefit of consumers, the Commission adopts buildout requirements as discussed below. In the 2024 Public Notice, WTB sought input on adopting buildout requirements that would require non-Federal operators to finish construction and begin operation within 120 days of the date the site registration is granted, or the registration would be cancelled, and the licensee would forfeit its interference protection priority.

45. Two commenters to the 2024 Public Notice address the Commission's 120-day buildout proposal. NCTA cautions that finishing construction within 120 days will be onerous in many circumstances, while Verizon argues that Federal and non-Federal operators should be subject to the same 120-day buildout deadline to ensure that both deploy promptly and make efficient use of the band. In the DoD/NTIA Report, DoD and NTIA contend that a disparity between Federal and non-Federal operators' buildout requirements is appropriate “in order to account for Congressional appropriations and acquisitions timelines that are typical of Federal operations.” They further indicate that “NTIA intends to target Federal operations to complete construction and begin operations within 24-months of clearing a proposed site through the coordination process.”

46. Discussion. The Commission adopts a two-phase construction requirement, which consists of an accelerated timeframe for the initial site registration round and a different timeframe for subsequent site registrations. As explained below, in the initial site registration round the Commission adopts an accelerated buildout deadline of 120 days from when the registration is granted to combat the heightened risk among early entrants of speculative registrations, spectrum warehousing, and the possibility of crowding out later entrants. An operator that registers its site after the initial site registration round must construct and start its registered operations within 12 months of the date the registration is granted for that site. Although NTIA indicates that it is targeting a 24-month buildout deadline for Federal operators, and Verizon argues that Federal and non-Federal operators should be subject to the same buildout requirements, the Commission declines to adopt a 24-month deadline for non-Federal operators merely for the sake of uniformity. The Commission believes that its twin goals of preventing spectrum warehousing and promoting widespread deployment are best met by applying the more stringent 12-month buildout deadline for non-Federal operators. The buildout clock will start as soon as a registration is granted in the Universal Licensing System (ULS). Although first-in-time rights will be afforded once a site is successfully coordinated and registered, they will be lost if facilities are not built out. Failure to meet the construction deadline will result in the forfeiture of first-in-time protection and result in automatic termination of the registration. The licensee will also be prohibited from filing new site registration applications for that site (or any site whose interference contour would overlap with the interference contour for the terminated registration) for 12 months from the date the registration automatically terminated ( i.e., a period of 12 months after the construction deadline).

47. Background. Due to the limited number of channels in the Lower 37 GHz band, the variety of anticipated use cases, and the fact that both Federal and non-Federal operators can deploy in the band, initial demand for the band may exceed the available supply of channels in some areas. There is a risk that operators may be incentivized to file a large number of registrations as soon as site registration becomes available. In order to avoid speculative registrations and to ensure future entrants are not precluded from accessing the band, the 2024 Public Notice sought input on applying special rules to the initial site registration round. Specifically, the 2024 Public Notice sought input on limiting applicants to a single 100-megahertz channel per site, establishing accelerated buildout deadlines ( e.g., 60 or 90 days), and reserving the right for the Commission to grant an applicant a different 100-megahertz channel in the event that multiple applicants seek to register the same channel.

48. All commenters addressing the issue oppose limiting applicants in the initial site registration round to a single 100-megahertz channel. Starry and INCOMPAS argue that they require at least 200 megahertz of spectrum to provide quality service. NCTA, Federated Wireless, and Joint Commenters, on the other hand, argue that applicants should be permitted to register multiple 100-megahertz channels per site, but only the first 100-megahertz channel should receive first-in-time prioritization. NCTA explains that limiting operators to a single 100-megahertz channel is “inefficient and will leave channels in many areas unused.” Joint Commenters adds that spectrum should be put to use in the present rather than reserved for some unknown future user and that Federal access to the band in the future is already preserved through priority access rules. INCOMPAS suggests a similar arrangement where an applicant would be permitted to register multiple 200-megahertz channels per site, but only the first 200-megahertz channel would receive first-in-time prioritization.

49. With respect to an accelerated buildout deadline in the initial site registration round, Starry supports establishing such a time period, while NCTA does not. Starry suggests, however, that a window longer than 90 days is necessary. NCTA argues that a shorter deadline than the proposed 120-day buildout deadline should not be necessary in the initial site registration round, particularly if applicants are entitled to first-in-time priority only in a single channel. Verizon urges that any accelerated deadlines should apply to both Federal and non-Federal operations to ensure all operators deploy promptly and do not delay construction. Lastly, regarding the Commission reserving the right to grant a channel different than the one the applicant requested, Verizon agrees that the Commission should reserve the right to do so, particularly if it facilitates spectrum contiguity while CTIA asks for additional detail around how the Commission would resolve situations where mutually exclusive applications are filed simultaneously beyond offering an alternate 100-megahertz channel and what the Commission would do if there is not an alternate channel available.

50. Discussion. In order to better facilitate access to the band in the initial site registration round, the Commission adopts a 200-megahertz (two 100-megahertz channels) limit per site and an accelerated buildout deadline of 120 days. The Commission declines to adopt the approach suggested by NCTA, Federated Wireless, Joint Commenters, and INCOMPAS in response to the 2024 Public Notice (wherein operators would be permitted to register multiple channels, but only the first registered channel would receive first-in-time protections). The Commission finds that assigning different rights to channels in the initial site registration round will unnecessarily complicate the registration and coordination process. Moreover, permitting operators to register up to 200 megahertz of spectrum as opposed to 100 megahertz should facilitate the ability of applicants to acquire sufficient spectrum to deploy their operations while ensuring the spectrum is put to use to protect later entrants' access to the band. Further, in order to streamline the process, in the initial site registration round. The Commission will process applications in sequence based on the time stamp indicating when the application was filed, and will consider applications only for the specific frequency requested. Giving first-in-time rights to the earlier-filed applications will prevent any mutual exclusivity concerns, such as those raised by CTIA. The Commission also declines to extend the initial site registration round buildout deadline beyond 120 days because if operators cannot meet the stringent initial buildout deadline, they can register their sites after the initial site registration round. The accelerated buildout deadline is designed to limit the initial number of registrations and prevent spectrum warehousing by ensuring only operators who are ready to construct and commence operations right away are incentivized to register a site. Finally, the Commission reserves the right to assign a different channel to an applicant than the channel requested in the application. The Commission agrees with Verizon that allowing such a change could facilitate the benefits of spectrum contiguity.

51. In the 2016 FNPRM, the Commission sought comment on whether and how to apply secondary market rules, such as leasing, partitioning, and disaggregation, to the Lower 37 GHz band. In response, Starry argues that secondary market rules would preserve competition and availability of spectrum. 5G Americas supports adopting the rules on the grounds that they could yield market-based finer-granularity sharing that would make more intensive use of the spectrum while not adding to the complexity of the sharing scheme.

52. Notwithstanding the 2016 FNPRM comments, the Commission declines to adopt secondary market rules for the Lower 37 GHz band. Initially, since the Commission is using site-based registrations, as opposed to geographic area licensing, partitioning and disaggregation would not apply. With respect to leasing, the lower 37 GHz framework—specifically, the nationwide, non-exclusive licensing approach and the Phase One/Phase Two coordination and site registration approach—provides licensees with optimal flexibility and no barriers to entry, thereby negating the need for leasing. Moreover, the 70/80/90 GHz band, which shares a similar framework with the Lower 37 GHz band insofar as both employ non-exclusive licenses and require coordination and site registration, does not include secondary market rules for similar reasons.

53. As required by the RFA, the Commission incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the 2018 FNPRM. The Commission sought written public comment on the proposals in the 2018 FNPRM, including comments on the IRFA. No comments were filed addressing the IRFA. The FRFA incorporated in this item conforms to the RFA, and is summarized below.

54. In the Report and Order and Sixth Report and Order, the Commission establishes a licensing framework that creates an innovative shared space that can be used by a wide variety of Federal and non-Federal users, by both new entrants and by established operators—smaller businesses in particular—to experiment with new technologies in millimeter wave frequencies located in the 37-37.6 GHz band (Lower 37 GHz band). Specifically, the Commission adopts a licensing and registration framework that creates a two-step process under which a non-Federal entity first obtains a nationwide non-exclusive license and then registers site-specific locations, with first-in-time interference protection rights provisionally afforded upon completed coordination and perfected upon construction.

55. Under this framework, priority access is given for military use of the 37.0 to 37.2 GHz segment of the band. For the 37.2-37.6 GHz segment, the Commission adopts rules that give both Federal and non-Federal entities equal access, except that Federal users have priority access in the 18 zones designated in the Commission's rules.

56. In the first step of the two-step process, a potential commercial licensee must apply for a nationwide nonexclusive license by submitting an application in the Commission's licensing database, the ULS. Once the application has been accepted for filing, it is placed on public notice. Once the license has been granted, the licensee coordinates its proposed operations by submitting a valid coordination notice to all licensees with operations whose interference contour overlap with their proposed interference contour, and responses are due within 15 days of submitting the coordination notice. Non-Federal licensees are permitted, but not required, to use a third-party coordinator to complete this task. Only after the site-specific location has been successfully coordinated, is the licensee authorized to complete the second step of the process: registering site-specific location pursuant to procedures to be established by WTB.

57. The Commission also adopts two different construction deadlines depending on when the licensee registered its site-specific location. Licensees that register their site-specific locations during the “initial phase” must complete construction within 120 days of the registration date for that site-specific location. Licensees that register their site-specific locations after the “initial phase” must complete construction with 12 months of the date of the registration date for that site-specific location.

58. Because the military has been given priority in the 37.0-37.2 GHz band, first-in-time rights are accorded to non-Federal licensees that are operating in the 37.2-37.6 GHz segment. First-in-time rights are provisionally accorded to the non-Federal licensee that submits a valid coordination notice, but only if that licensee registers the site, and then also timely constructs the site-specific location. If the licensee does not meet the applicable coordination and construction deadlines for a site-specific location, the licensee loses its first-in-time status, the site-specific location is deregistered, and the licensee must wait 12 months before it may file and any new applications for new site-registrations.

59. As mentioned above, the Commission has given the military priority access to the 37.0-37.2 GHz band. Should a non-Federal licensee wish to deploy operations in the 37.0-37.2 GHz band, in addition to meeting the requirements applicable to all non-Federal licensees in this band, it must query the NTIA's database to determine whether there are prior Federal operations. If it receives a “green light” it is authorized to deploy operations. If it receives a “yellow light” it may negotiate with NTIA and the military, but the military is not obligated to accommodate the non-Federal licensee's operations in the 37.0-37.2 GHz band.

60. Also as mentioned above, both Federal and non-Federal entities have equal access to the 37.2-37.6 GHz segment of the band. In this segment, non-Federal licensees must, in addition to complying with the requirements applicable to all non-Federal licensees in this band, query NTIA's database to determine whether there are prior Federal operations. If it receives a “green light” it may deploy operations. If it receives a “yellow light” it must negotiate with the military before it is authorized to deploy operations. But since both Federal and non-Federal entities have equal access to the 37.2-37.6 GHz segment, Federal entities seeking to deploy operations in the 37.2-37.6 GHz segment must, in turn, query the record of non-Federal site registrations. A first-in-time non-Federal licensee operating in the Top 100 Partial Economic Areas (PEAs) must use “good faith” efforts to accommodate subsequent Federal operations. A “first-in-time” licensee operating outside the Top 100 PEAs must use all “reasonable efforts” to accommodate subsequent Federal operations.

61. The rules adopted in the Report and Order and Sixth Report and Order further the Commission's objectives of providing mmW spectrum to providers through efficient spectrum sharing with fewer regulatory hurdles. In addition, making this spectrum available to providers will ensure the availability of a wide variety of innovative products and services to the American public, and allow small and other entities to grow their businesses.

62. No comments were filed addressing the impact of the proposed rules on small entities.

63. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and provide a detailed statement of any change made to the proposed rules as a result of those comments. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding.

64. 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 herein. The RFA generally defines the term “small entity” as having the same meaning as the same term established in the Small Business Act. 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 SBA.

65. Small Businesses, Small Organizations, Small Governmental Jurisdictions. The Commission's actions, over time, may affect small entities that are not easily categorized at present. The Commission therefore describes, at the outset, three broad groups of small entities that could be directly affected herein. First, while there are industry-specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the SBA's Office of Advocacy, in general a small business is an independent business having fewer than 500 employees. These types of small businesses represent 99.9% of all businesses in the United States, which translates to 34.75 million businesses. Next, the type of small entity described as a “small organization” is generally “any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or less to delineate its annual electronic filing requirements for small exempt organizations. Nationwide, for tax year 2022, there were approximately 530,109 small exempt organizations in the U.S. reporting revenues of $50,000 or less according to the registration and tax data for exempt organizations available from the IRS.

66. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” U.S. Census Bureau data from the 2022 Census of Governments indicate there were 90,837 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States. Of this number, there were 36,845 general purpose governments (county, municipal, and town or township) with populations of less than 50,000 and 11,879 special purpose governments (independent school districts) with enrollment populations of less than 50,000. Accordingly, based on the 2022 U.S. Census of Governments data, the Commission estimate that at least 48,724 entities fall into the category of “small governmental jurisdictions.”

67. Wireless Telecommunications Carriers (except Satellite). This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless internet access, and wireless video services. The SBA size standard for this industry classifies a business as small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show that there were 2,893 firms in this industry that operated for the entire year. Of that number, 2,837 firms employed fewer than 250 employees. Additionally, based on Commission data in the 2022 Universal Service Monitoring Report, as of December 31, 2021, there were 594 providers that reported they were engaged in the provision of wireless services. Of these providers, the Commission estimates that 511 providers have 1,500 or fewer employees. Consequently, using the SBA's small business size standard, most of these providers can be considered small entities.

68. Fixed Microwave Services. Fixed microwave services include common carrier, private-operational fixed, and broadcast auxiliary radio services. They also include the Upper Microwave Flexible Use Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local Multipoint Distribution Service (LMDS), the Digital Electronic Message Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and Multichannel Video Distribution and Data Service (MVDDS), where in some bands licensees can choose between common carrier and non-common carrier status. Wireless Telecommunications Carriers (except Satellite) is the closest industry with an SBA small business size standard applicable to these services. The SBA small size standard for this industry classifies a business as small if it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show that there were 2,893 firms that operated in this industry for the entire year. Of this number, 2,837 firms employed fewer than 250 employees. Thus, under the SBA size standard, the Commission estimates that a majority of fixed microwave service licensees can be considered small.

69. The Commission's small business size standards with respect to fixed microwave services involve eligibility for bidding credits in the auction of spectrum licenses for the various frequency bands included in fixed microwave services. When bidding credits are adopted for the auction of licenses in fixed microwave services frequency bands, such credits may be available to several types of small businesses based average gross revenues (small, very small and entrepreneur) pursuant to the competitive bidding rules adopted in conjunction with the requirements for the auction and/or as identified in part 101 of the Commission's rules for the specific fixed microwave services frequency bands.

70. In frequency bands where licenses were assigned by auction, the Commission notes that as a general matter, the number of winning bidders that qualify as small businesses at the close of an auction does not necessarily represent the number of small businesses currently in service. Further, the Commission does not generally track subsequent business size unless, in the context of assignments or transfers, unjust enrichment issues are implicated. Additionally, since the Commission does not collect data on the number of employees for licensees providing these services, at this time the Commission is not able to estimate the number of licensees with active licenses that would qualify as small under the SBA's small business size standard.

71. Satellite Telecommunications. This industry comprises firms “primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.” Satellite telecommunications service providers include satellite and earth station operators. The SBA small business size standard for this industry classifies a business with $44 million or less in annual receipts as small. U.S. Census Bureau data for 2017 show that 275 firms in this industry operated for the entire year. Of this number, 242 firms had revenue of less than $25 million. Consequently, using the SBA's small business size standard most satellite telecommunications service providers can be considered small entities. The Commission notes however, that the SBA's revenue small business size standard is applicable to a broad scope of satellite telecommunications providers included in the U.S. Census Bureau's Satellite Telecommunications industry definition. Additionally, the Commission neither requests nor collects annual revenue information from satellite telecommunications providers, and is therefore unable to more accurately estimate the number of satellite telecommunications providers that would be classified as a small business under the SBA size standard.

72. All Other Telecommunications. This industry is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Providers of internet services ( e.g., dial-up ISPs) or Voice over internet Protocol (VoIP) services, via client-supplied telecommunications connections are also included in this industry. The SBA small business size standard for this industry classifies firms with annual receipts of $40 million or less as small. U.S. Census Bureau data for 2017 show that there were 1,079 firms in this industry that operated for the entire year. Of those firms, 1,039 had revenue of less than $25 million. Based on this data, the Commission estimates that the majority of “All Other Telecommunications” firms can be considered small.

73. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. 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 small business size standard for this industry classifies businesses having 1,250 employees or less as small. U.S. Census Bureau data for 2017 show that there were 656 firms in this industry that operated for the entire year. Of this number, 624 firms had fewer than 250 employees. Thus, under the SBA size standard, the majority of firms in this industry can be considered small.

74. The RFA directs agencies to describe the economic impact of proposed rules on small entities, as well as projected reporting, recordkeeping and other compliance requirements, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record.

75. The Commission expects the rules adopted in the Report and Order and Sixth Report and Order will impose new or additional reporting or recordkeeping and/or other compliance obligations on small entities. Further, the Commission also anticipates that the filing, recordkeeping and reporting requirements associated with the requirements of the adopted rules will require small businesses as well as other entities that intend to utilize the Lower 37 GHz band to use professional, accounting, engineering or survey services in order to meet these requirements. However, the adopted rule revisions should benefit small entities and by giving them additional information, greater flexibility, and more options for gaining access to wireless spectrum. In addition, the comments in the record does not reflect concerns by small entities regarding compliance cost, nor do they contain cost estimates for compliance. As a result, the Commission cannot, at this time, determine the cost of compliance for small entities.

76. In order to comply with the adopted rules, small entities and other applicants for Lower 37 GHz licenses and registrations will be required to file license applications using the Commission's automated ULS. ULS is an online electronic filing system that also serves as a powerful information tool, one that enables potential licensees to research applications, licenses, and antenna structures. It also keeps the public informed with weekly public notices, Commission rulemakings, processing utilities, and a telecommunications glossary. Site registrations will be filed pursuant to procedures to be established by WTB.

77. In addition, small entities and other licensees seeking to register sites in the Lower 37 GHz band will be required to coordinate their proposed operations with pre-existing non-Federal and Federal operations. Such coordination will be necessary in order to prevent interference. The coordination process gives licensees the ability to analyze and work out potential interference issues based on the nature of the systems involved. Furthermore, by requiring potential interference conflicts are worked out prior to the filing of registrations with the Commission, these procedures will minimize compliance burdens on both licensees and the Commission.

78. The RFA requires an agency to provide, “a description of the steps the agency has taken to minimize the significant economic impact on small entities . . . 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.”

79. The Commission does not believe that its adopted changes will have a significant economic impact on small entities. However, in reaching this conclusion, the Commission has nevertheless taken steps to minimize potential significant economic impact on small entities and also considered alternative possibilities. For example, the rules the Commission adopts herein facilitate spectrum sharing by multiple entities and remove unnecessary barriers to accessing spectrum. Additionally, the Commission considered and rejected adopting geographic area licensing in this band. While the Commission have taken the potential concerns of small entities into account, the Commission note that these costs are necessary to effectuate the purpose of the Communications Act—namely, to further the efficient use of spectrum and to prevent spectrum warehousing. Likewise, compliance with The Commission's service and technical rules and coordination requirements are necessary for the furtherance of its goals of protecting the public while also providing interference free services. Moreover, while small and large businesses must equally comply with these rules and requirements, the Commission has taken the steps described below to help alleviate the burden on small businesses that seek to comply with these requirements. To the extent practicable, the Commission is using existing systems and processes that small businesses should be familiar with, thereby making it easier for them to access Lower 37 GHz band spectrum and minimizing their costs. Also, when filing nationwide non-exclusive licenses, licensees will use ULS, which is used for virtually all wireless authorizations.

80. Accordingly, it is ordered, pursuant to sections 4(i), 301, 302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47 U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333, that the Report and Order, Sixth Report and Order is hereby adopted .

81. It is further ordered that parts 1 and 30 of the Commission's rules are amended as specified in Final Rules and such rule amendments will become effective 30 days after the date of publication in the Federal Register . Sections 30.501 and 30.503 contain new or modified information-collection requirements that require review by the OMB under the PRA. The Commission directs WTB to announce the compliance date for those information collections in a document published in the Federal Register after OMB approval.

82. It is further ordered that the Office of the Secretary shall send a copy of the Report and Order and Sixth Report and Order, including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration.

83. It is further ordered that the Office of the Managing Director, Performance Program Management, shall send a copy of the Report and Order and Sixth Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 1 and 30 as follows:

Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.111. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102, and the final 2025 allocations were published on December 10, 2024 (89 FR 99138).

The final rule implementing Amendment 5 to the FMP, as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider three criteria in the evaluation of requests for quota transfers or combinations: (1) the transfers or combinations would not preclude the overall annual quota from being fully harvested; (2) the transfers address an unforeseen variation or contingency in the fishery; and (3) the transfers are consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Regional Administrator has determined these three criteria have been met for the transfer approved in this notification.

North Carolina is transferring 817 pounds (lb; 371 kilograms (kg)) of summer flounder to Virginia through a mutual agreement between the states. This transfer was requested to repay landings made by an out-of-state permitted vessel under a safe harbor agreement. The revised summer flounder quotas for 2025 are: North Carolina, 2,408,106 lb (1,092,299 kg); and Virginia, 1,878,044 lb (851,866 kg).

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i) through (iv), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempted from review under Executive Order 12866.