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									                      Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations                                         49373

     Thus, Executive Order 13175 does not                    GENERAL SERVICES                                         Newly redesignated section 301–
     apply to this rule                                      ADMINISTRATION                                        10.106 language is revised by removing
                                                                                                                    exceptions to the use of a contract city-
     X. Congressional Review Act                             41 CFR Parts 301–10, 301–11, 301–50,                  pair fare and incorporating them into
       The Congressional Review Act, 5                       301–52, 301–71, and 301–73                            new section 301–10.107. Note to section
     U.S.C. 801 et seq., as added by the Small               [FTR Amendment 2006–04; FTR Case 2005–                301–10.106 indicates that employees of
     Business Regulatory Enforcement                         305]                                                  the Government of the District of
     Fairness Act of 1996, generally provides                                                                      Columbia, with the exception of the
                                                             RIN 3090–AI19                                         District of Columbia Courts, are not
     that before a rule may take effect, the
                                                                                                                   eligible to use contract city-pair fares
     agency promulgating the rule must                       Federal Travel Regulation; E-Gov
                                                             Travel Service (ETS) and Use of                       even though these employees otherwise
     submit a rule report, which includes a
                                                                                                                   may be covered by the FTR.
     copy of the rule, to each House of the                  Contract City-Pair Fares
                                                                                                                       New section 301–10.107 ‘‘Are there
     Congress and to the Comptroller General                 AGENCY: Office of Governmentwide                      any exceptions to the use of a contract
     of the United States. EPA will submit a                 Policy, General Services Administration               city-pair fare,’’ incorporates exceptions
     report containing this rule and other                   (GSA).                                                to use of a contract city-pair fare
     required information to the U.S. Senate,                ACTION: Final rule.                                   (formerly contained in section 301–
     the U.S. House of Representatives, and                                                                        10.107, redesignated as section 301–
     the Comptroller General of the United                   SUMMARY: The General Services                         10.106) for agency consideration in
     States prior to publication of this final               Administration (GSA) is amending the                  deciding whether to approve the use of
     rule in the Federal Register. This final                Federal Travel Regulation (FTR), by                   other-than a contract city-pair fare. Note
     rule is not a ‘‘major rule’’ as defined by              adding new requirements that address                  1 to section 301–10.107 (previously
     5 U.S.C. 804(2).                                        the use of other-than contract city pair              Note 2 to this section) is revised to state
                                                             airfares, the handling of receipts under              that any group of 10 or more passengers
     List of Subjects in 40 CFR Part 180                     the E-Gov Travel Service (ETS)                        traveling together on the same day, on
                                                             environment, and new responsibilities                 the same flight, for the same mission
       Environmental protection,
                                                             for reviewing officials. This final rule              requiring group integrity and identified
     Administrative practice and procedure,                   also introduces and defines the term                 as a group by the travel management
     Agricultural commodities, Pesticides                    ‘‘online self-service booking tool’’ and
     and pests, Reporting and recordkeeping                                                                        system upon booking, may request
                                                             provides for exceptions under certain
     requirements.                                                                                                 contract city-pair service on an optional
                                                             circumstances to the required use of an
                                                                                                                   basis.
       Dated: August 14, 2006.                               agency’s current Travel Management                       Note 2 to section 301–10.107 is added
     Janet L. Andersen,                                      Service (TMS) or ETS once the agency                  to clarify that contractors are not eligible
     Director, Biopesticides and Pollution                   has fully deployed ETS. Finally, this                 to use contract city-pair fares in the
     Division, Office of Pesticide Programs.                 final rule requires agencies to develop               performance of their contract.
                                                             and submit upon request to the ETS                       Note 3 to section 301–10.107 is added
      Therefore, 40 CFR chapter I is                         Program Management Office, a plan for                 to encourage agencies to optimize
     amended as follows:                                     maximizing the agency’s adoption rate                 savings from the contract city pair
                                                             (i.e., achieving the highest possible rate            program by comparing the cost savings
     PART 180—[AMENDED]                                      of use of the agency’s online self-service            achieved by use of capacity-controlled
                                                              booking tool) once the agency has fully              coach class contract city-pair fares
       1. The authority citation for part 180                deployed ETS. The explanation of                      (MCA, QCA, VCA, etc.) to the
     continues to read as follows:                           changes is addressed in the                           unrestricted coach class contract fare
        Authority: 21 U.S.C. 321(q), 346a and 371.           supplementary information below. The                  (YCA), when capacity-controlled fares
                                                             FTR and any corresponding documents                   are available and meet mission needs.
       2. Section 180.1210 is revised to read                may be accessed at GSA’s Web site at                      Section 301–10.108 is amended by
     as follows:                                             http://www.gsa.gov/ftr.                               informing travelers that they are
                                                             DATES: Effective Date: September 22,                  required to document on their travel
     § 180.1210 Phosphorous acid; exemption                  2006.                                                 authorization the approval and use of a
     from the requirement of a tolerance.                    FOR FURTHER INFORMATION CONTACT: The                  non-contract city-pair air fare. This
        An exemption from the requirement                    Regulatory Secretariat (VIR), Room                    section also adds a note to clarify that
     of a tolerance is established for residues              4035, GS Building, Washington, DC,                    air carrier preference is not a valid
     of phosphorous acid and its ammonium,                   20405, (202) 208–7312, for information                reason for approving the use of a non-
     sodium, and potassium salts in or on all                pertaining to status or publication                   contract airfare.
     food commodities when used as an                        schedules. For clarification of content,                  Section 301–11.25 is revised to
     agricultural fungicide and in or on                     contact Ms. Umeki Gray Thorne, Office                 address the handling of receipts when
     potatoes when applied as a post-harvest                 of Governmentwide Policy, Travel                      an agency has fully deployed ETS.

     treatment at 35,600 ppm or less                         Management Policy, at (202) 208–7636.                     The section heading for section 301–
                                                             Please cite FTR Amendment 2006–04;                    50.3 is revised to include the term
     phosphorous acid.                                       FTR case 2005–305.                                    ‘‘TMS’’ and references to exceptions are
     [FR Doc. E6–13954 Filed 8–22–06; 8:45 am]
                                                             SUPPLEMENTARY INFORMATION:                            included in the text.
     BILLING CODE 6560–50–S                                                                                            Sections 301–50.4 is revised to add
                                                             Background                                            TMS in its section heading and to
                                                               This final rule amends the Federal                  incorporate when an exception to the
                                                             Travel Regulation as follows:                         use of an agency’s current TMS may be
                                                                Sections 301–10.106 and 301–                      granted.
                                                             10.107 are redesignated as sections 301–                  Section 50.6 is redesignated as
                                                             10.105 and 301–10.106, respectively.                  section 50.8.


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49374       Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations

    New section 301–50.6 is added to        U.S.C. 801 since it relates solely to            you to incur unnecessary overnight
define the term, ‘‘online self-service       agency management and personnel.                 lodging costs which would increase the
booking tool.’’                                                                               total cost of the trip;
    New section 301–50.7 is added to        List of Subjects in 41 CFR Parts 301–10,           (b) The contractor’s flight schedule is
encourage travelers to use the agency’s      301–11, 301–50, 301–52, 301–71, and              inconsistent with explicit policies of
online self-service booking tool in the      301–73                                           your Federal department or agency with
ETS environment. A note is added to             Government employees, Travel and              regard to scheduling travel during
this section to describe when the use of     transportation expenses.                         normal working hours;
an online self-service booking tool may        Dated: March 9, 2006.                            (c) A non-contract carrier offers a
not be feasible to use.                      David L. Bibb,                                   lower fare to the general public that, if
    Section 301–52.3 is amended by                                                           used, will result in a lower total trip
                                             Acting Administrator of General Services.
replacing the words ‘‘migrate(s) to’’ in                                                      cost to the Government (the combined
the first and second sentences with the        For the reasons set forth in the               costs of transportation, lodging, meals,
words ‘‘fully deploy(s)’’.                   preamble, under 5 U.S.C. 5701–5709,              and related expenses considered);
    Section 301–71.201, paragraph (e), is   GSA amends 41 CFR parts 301–10, 301–
                                             11, 301–50, 301–52, 301–71, and 301–73             Note to paragraph (c): This exception does
amended to specify that ‘‘receipts,
                                                                                              not apply if the contract carrier offers the
statements, justifications, etc.’’ include   as set forth below:                              same or lower fare and has seats available at
scanned electronic images of such            CHAPTER 301—TEMPORARY DUTY (TDY)                 that fare, or if the fare offered by the non-
documents when they are available            TRAVEL ALLOWANCES                                contract carrier is restricted to Government
under the ETS environment.                                                                    and military travelers performing official
   Section 301–73.101 is amended to         PART 301–10—TRANSPORTATION                       business and may be purchased only with a
require use of ETS with certain              EXPENSES                                         contractor-issued charge card, centrally
exceptions, and to require agencies to                                                        billed account (e.g., YDG, MDG, QDG, VDG,
                                               1. The authority citation for 41 CFR           and similar fares) or GTR where the two
establish goals, a plan and procedures to
                                             part 301–10 continues to read as                 previous options are not available;
maximize use of the online self-service      follows:                                           (d) Cost effective rail service is
booking tool for all travel arrangements
once agencies have fully deployed ETS.         Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c);    available and is consistent with mission
This section also requires agencies to       49 U.S.C. 40118, Office of Management and        requirements; or
make its goals, plan, and procedures         Budget Circular No. A–126, ‘‘Improving the         (e) Smoking is permitted on the
available to the ETS Program                 Management and Use of Government                 contract air carrier and the nonsmoking
                                             Aircraft.’’ Revised May 22, 1992.
Management Office upon the request of                                                         section of the contract aircraft is not
the ETS Program Management Office.           §§ 301–10.106 and 301–10.107                     acceptable to you.
   The introductory paragraph in            [Redesignated as §§ 301–10.105 and 301–            Note 1 to § 301–10.107: Any group of 10 or
section 302–73.102 is revised to add         10.106]                                          more passengers traveling together on the
TMS and conditions under which an              2. Redesignate §§ 301–10.106 and               same day, on the same flight, for the same
agency may authorize an exception to         301–10.107 as §§ 301–10.105 and 301–             mission, requiring group integrity and
use of the agency’s current TMS.             10.106, respectively.                            identified as a group by the travel
                                                                                              management system upon booking is not a
                                               3. Revise newly redesignated § 301–
B. Executive Order 12866                                                                      mandatory user of the Government’s contract
                                             10.106 to read as follows:                       city-pair fares. For group travel, agencies are
  This is not a significant regulatory       § 301–10.106 When must I use a contract          expected to obtain air passenger
action and, therefore, was not subject to
                                             city-pair fare?                                  transportation service that is practical and
review under Section 6(b) of Executive
                                                                                              cost effective to the Government.
Order 12866, Regulatory Planning and            If you are a civilian employee of an
Review, dated September 30, 1993. This       agency as defined in § 301–1.1 of this             Note 2 to § 301–10.107: Contractors are not
rule is not a major rule under 5 U.S.C.      chapter, you must always use a contract          authorized to use contract city-pair fares to
804.                                         city-pair fare for scheduled air                 perform travel under their contracts.
                                             passenger transportation service unless
C. Regulatory Flexibility Act                one of the limited exceptions in § 301–            Note 3 to § 301–10.107: If the Government
                                                                                              contract city-pair carrier offers a lower cost
   This final rule is not required to be     10.107 exist. An Internet listing of             capacity-controlled coach class contract fare
published in the Federal Register for        contract city-pair fares is available at         (MCA, QCA, VCA, etc.) in addition to the
notice and comment; therefore, the           http://www.gsa.gov/citypairs.                    unrestricted coach class contract fares (YCA),
Regulatory Flexibility Act, 5 U.S.C. 601,      Note to § 301–10.106: Employees of the         the traveler should use the lower cost
et seq., does not apply.                     Government of the District of Columbia, with     capacity-controlled fare when it is available
                                             the exception of the District of Columbia        and meet mission needs.
D. Paperwork Reduction Act                   Courts, are not eligible to use contract city-     5. Revise § 301–10.108 to read as
   The Paperwork Reduction Act does          pair fares even though these employees           follows:
not apply because the changes to the         otherwise may be covered by the FTR.
FTR do not impose recordkeeping or             4. Add new § 301–10.107 to read as             § 301–10.108 What requirements must be
information collection requirements, or                                                       met to use a non-contract fare?
                                             follows:
the collection of information from                                                               (a) Before purchasing a non-contract
offerors, contractors, or members of the     § 301–10.107 Are there any exceptions to         fare you must meet one of the exception
public that require the approval of the      the use of a contract city-pair fare?            requirements listed in § 301–10.107 and
Office of Management and Budget under           Yes, your agency may authorize use of         show approval on your travel
44 U.S.C. 3501, et seq.                      a fare other-than a contract city-pair fare      authorization to use a non-contract fare;
                                             when—                                            and
E. Small Business Regulatory                    (a) Space on a scheduled contract                (b) If the non-contract fare is non-
Enforcement Fairness Act                     flight is not available in time to               refundable, restricted, or has specific
  This final rule is also exempt from        accomplish the purpose of your travel,           eligibility requirements, you must know
congressional review prescribed under 5      or use of contract service would require         or reasonably anticipate, based on your
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              Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations                                   49375

planned trip, that you will use the              deployed ETS, but only when your                 § 301–52.3 [Amended]
ticket; and                                      travel meets one of the following                   14. Amend § 301–52.3 in the first
   (c) Your agency must determine that           conditions:                                      sentence by removing ‘‘migrates to’’ and
the proposed non-contract                           (a) Such use would result in an               adding ‘‘fully deploys’’ in its place, and
transportation is practical and cost             unreasonable burden on mission                   the second sentence, by removing
effective for the Government.                    accomplishment (E.G., emergency travel           ‘‘migrate to’’ and adding ‘‘fully deploy’’
   Note to § 301–10.108: Carrier preference is   is involved and TMS/ETS is not                   in its place.
not a valid reason for using a non-contract      accessible; you are performing
fare.                                            invitational travel; or you have special         PART 301–71—AGENCY TRAVEL
                                                 needs or require disability                      ACCOUNTABILITY REQUIREMENTS
PART 301–11—PER DIEM EXPENSES                    accommodations under part 301–13 of                15. The authority citation for part
                                                 this chapter).                                   301–71 is revised to read as follows:
  6. The authority citation for 41 CFR              (b) Such use would compromise a
part 301–11 continues to read as                                                                      Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
                                                 national security interest.
                                                                                                  Sec 2. Pub. L. 105–264, 112 Stat. 2350 (5
follows:                                            (c) Such use might endanger your life         U.S.C. 5701 note).
  Authority: 5 U.S.C. 5707.                      (e.g., you are traveling under the Federal         16. Amend section § 301–71.201 by
  7. Revise § 301–11.25 to read as               witness protection program, or you are           revising paragraph (e) to read as follows:
follows:                                         a threatened law enforcement/
                                                 investigative officer traveling under part       § 301–71.201 What are the revising
§ 301–11.25 Must I provide receipts to                                                            official’s responsibilities?
                                                 301–31 of this chapter).
substantiate my claimed travel expenses?                                                          *      *     *     *      *
   Yes. You must provide a lodging               § 301–50.6 [Redesignated as § 301–50.8]             (e) The required receipts, statements,
receipt and a receipt for every                    11. Redesignate § 301–50.6 as § 301–           justifications, etc. are attached to the
authorized expense over $75, or provide          50.8                                             travel claim, or once the agency fully
a reason acceptable to your agency                 12. Add new §§ 301–50.6 and 301–               deploys ETS and implements electronic
explaining why you are unable to                 50.7 to read as follows:                         scanning, the electronic travel claim
furnish the necessary receipt(s) (see                                                             includes scanned electronic images of
§ 301–52.4 of this chapter).                     § 301–50.6 What is an ‘‘online self-service      such documents.
                                                 booking tool?’’
  Note to 301–11.25: Hard copy receipts
should be electronically scanned and                An online self-service booking tool is        PART 301–73—TRAVEL PROGRAMS
submitted with your electronic travel claim      an Internet based system that permits              17. The authority citation for part
when your agency has fully deployed ETS          travelers to make their own reservations         301–73 continues to read as follows:
and notifies you that electronic scanning is     for transportation (e.g., air, rail, and car
available within your agency (see § 301–50.3     rental) and lodging. ETS and some                    Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
of this chapter). You may submit a hard copy     agency TMS’s incorporate a self service            18. Revise § 301–73.101 to read as
receipt, in accordance with your agency’s        booking tool.                                    follows:
policies, to support a claimed travel expense
only when electronic imaging is not available                                                     § 301–73.101 How must we prepare to
                                                 § 301–50.7 Should I use the online self-         implement ETS?
within your agency.                              service booking tool once ETS is available
                                                 within my agency?                                  You must prepare to implement ETS
                                                                                                  as expeditiously as possible by—
PART 301–50—ARRANGING FOR                          Yes, you should use the online self-
                                                                                                    (a) Developing a migration plan and
TRAVEL SERVICES                                  service booking tool offered by ETS or           schedule to deploy ETS across your
                                                 your agency’s TMS until ETS becomes
  8. The authority citation for 41 CFR                                                            agency as early as possible with full
part 301–50 continues to read as                 available to you.                                deployment required no later than
follows:                                           Note to section 301–50.7: Some                 September 30, 2006;
                                                 extenuating circumstances for which you             (b) Requiring employees to use your
   Authority: 5 U.S.C. 5707; 40 U.S.C. 121       may not be able to use online self-service       ETS unless you approve an exception
(c).                                             booking are (1) when you are attending a         under § 301–50.6, § 301–73.102 or
  9. Amend § 301–50.3 by revising the            conference where the conference sponsor has      § 301–73.104;
section heading and adding a sentence            negotiated with one or more lodging facilities
                                                                                                     (c) Establishing goals, plans and
at the end of the section to read as             to set aside a specific number of rooms for      procedures to maximize agency-wide
follows:                                         conference attendees and to ensure that a set
                                                 aside room is available to you, you are          traveler use of your online self-service
§ 301–50.3 Must I use the ETS or TMS to          required to book lodging directly with the       booking tool once you have fully
arrange my travel?                               lodging facility, (2) when your travel is to a   deployed ETS within your agency.
  * * * Your agency may grant an                 remote location and it is not possible to book   These goals, plans, and procedures
exception to required use of TMS/ETS             lodging accommodations through the TMS or        should be available for submission to
under §§ 301–50.4, 301–73.102, or 301–           ETS, or (3) when such travel arrangements        the ETS PMO upon its request.
73.104 of this chapter.                          are so complex and circumstance will not             Note 1 to § 301–73.101: Your agency
                                                 allow you to book your travel through an
  10. Revise § 301–50.4 to read as               online self-service booking tool.                should work with the Office of Management
follows:                                                                                          and Budget (OMB) to allocate budget and
                                                                                                  personnel resources to support ETS
§ 301–50.4 May I be granted an exception         PART 301–52—CLAIMING                             migration and data exchange. Your agency is
to the required use of TMS or ETS once my        REIMBURSEMENT                                    responsible for providing the funds required
agency has fully deployed ETS?                                                                    to establish interfaces between the ETS
  Yes, your agency head or his/her                 13. The authority citation to part 301–        standard data output and applicable business
designee may grant an individual case            52 continues to read as follows:                 systems (e.g., financial, human resources,
                                                                                                  etc.).
exception to required use of your                  Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
agency’s current TMS or to required use          Sec. 2., Pub. L. 105–264, 112 Stat. 2350 (5        Note 2 to § 301–73.101: Best practices show
of ETS once your agency has fully                U.S.C. 5701 note).                               that organizations are able to realize
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     49376            Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations

     significant benefits once they achieve a 70             change the exclusion zone requirement                 Commission amends the rules to add
     percent or greater self-booking rate.                   for the ten listed radio astronomy                    prospective protection for relocated
       19. Revise § 301–73.102 to read as                    facilities to a consultation requirement,             aeronautical facilities and to correct the
     follows:                                                and to add a new exclusion zone for one               coordinates and email contact for the
                                                             Very Large Array (VLA) radio astronomy                aeronautical facilities subject to BPL
     § 301–73.102 May we grant a traveler an                 observatory site at 73.0–74.6 MHz. In                 consultation. The Commission affirms
     exception from required use of TMS or ETS               addition, it is also amending the rules               the July 7, 2006 deadline for requiring
     once we have fully deployed ETS within the
                                                             to add prospective protection for                     certification for any equipment
     agency?                                                 relocated aeronautical facilities and to              manufactured, imported or installed on
        (a) Yes, your agency head or his/her                 correct the coordinates and email                     BPL systems, with the proviso that
     designee may grant an individual case                   contact for the aeronautical facilities               uncertified equipment already in
     by case exception to required use of                    subject to BPL consultation. The                      inventory can be used for replacing
     your agency’s current TMS or to                         Commission affirms the deadline for                   defective units or to supplement
     required use of ETS once it is fully                    requiring certification for any                       equipment on existing systems for one
     deployed within the agency, but only                    equipment manufactured, imported or                   year within areas already in operation.
     when travel meets one of the following                  installed on BPL systems, with the                    The Commission believes these changes
     conditions:                                             proviso that uncertified equipment                    will further the development and
        (1) Such use would result in an                      already in inventory can be used for                  growth of BPL devices. The Commission
     unreasonable burden on mission                          replacing defective units or to                       denies the petitions for reconsideration
     accomplishment (e.g., emergency travel                  supplement equipment on existing                      in all other respects.
     is involved and TMS/ETS is not                          systems for one year within areas
     accessible; the traveler is performing                                                                        A. Notification to the Access BPL
                                                             already in operation. The Commission
     invitational travel; or the traveler has                                                                      Database
                                                             believes these changes will further the
     special needs or requires disability                    development and growth of BPL                            2. In the Report and Order, 70 FR
     accommodations in accordance with                       devices. It is denying the petitions for              1360, January 7, 2005, in this
     part 301–13 of this chapter).                           reconsideration in all other respects.                proceeding, the Commission adopted a
        (2) Such use would compromise a                      DATES: Effective September 22, 2006.                  requirement that the Access BPL
     national security interest.                                                                                   industry establish a publicly accessible
                                                             FOR FURTHER INFORMATION CONTACT: Anh
        (3) Such use might endanger the                                                                            database for system information. Under
     traveler’s life (e.g., the individual is                Wride, Office of Engineering and                      this requirement, entities operating
     traveling under the Federal witness                     Technology, (202) 418–0577, e-mail:                   Access BPL systems must provide to the
     protection program, or is a threatened                  Anh.Wride@fcc.gov.                                    BPL industry designated database
     law enforcement/investigative officer                   SUPPLEMENTARY INFORMATION: This is a                  manager certain information on BPL
     traveling under part 301–31 of this                     summary of the Commission’s                           installations 30 days prior to the
     chapter).                                               Memorandum Opinion and Order, ET                      initiation of any operation or service.
        (b) Any exception granted must be                    Docket No. 04–37, and ET Docket No.                   The BPL industry requested elimination
     consistent with any contractual terms                   03–104, adopted August 3, 2006 and                    of this 30-day advance notification.
     applicable to your current TMS or ETS,                  released August 7, 2006. The full text of                3. The Commission denied this
     once it is fully deployed, and must not                 this document is available on the                     request. It stated that the purpose of the
     cause a breach of contract terms.                       Commission’s Internet site at                         database notification requirement is to
     [FR Doc. E6–13917 Filed 8–22–06; 8:45 am]               www.fcc.gov. It is also available for                 ensure that licensed users of the
     BILLING CODE 6820–14–S                                  inspection and copying during regular                 spectrum have a publicly accessible and
                                                             business hours in the FCC Reference                   centralized source of information on
                                                             Center (Room CY–A257), 445 12th                       BPL operations to determine whether
     FEDERAL COMMUNICATIONS                                  Street, SW., Washington, DC 20554. The                there may be Access BPL operations on
     COMMISSION                                              full text of this document also may be                particular frequencies within their local
                                                             purchased from the Commission’s                       area so that any incident of harmful
     47 CFR Part 15                                          duplication contractor, Best Copy and                 interference can be resolved should it
                                                             Printing Inc., Portals II, 445 12th St.,              occur. The Commission noted that the
     [ET Docket No. 04–37 and ET Docket No.
                                                             SW., Room CY–B402, Washington, DC                     BPL public database serves a unique
     03–104; FCC 06–113]                                     20554; telephone (202) 488–5300; fax                  function to identify the location and
     Broadband Over Power Line Systems                       (202) 488–5563; e-mail                                operating characteristics of BPL systems
                                                             FCC@BCPIWEB.COM.                                      to entities other than those entitled to
     AGENCY: Federal Communications                                                                                advance notification. The Commission
                                                             Summary of the Memorandum Opinion
     Commission.                                                                                                   however provided several clarifications
                                                             and Order
     ACTION: Final rule.                                                                                           regarding the notification process.
                                                                1. In the Memorandum Opinion and
     SUMMARY: This document responds to                      Order, the Commission further amends                  B. Transition Period
     the petitions for reconsideration of the                part 15 of its rules regarding the                      4. The rules adopted in the Report
     Commission’s rules for Access                           unlicensed operation of Access                        and Order require that all Access BPL
     Broadband over Power Line (Access                       broadband over power line (BPL)                       devices that are manufactured,
     BPL) devices adopted in the Report and                  systems. Specifically, the rules are                  imported, marketed or installed 18
     Order in this proceeding. The                           amended to change the exclusion zone                  months or later after the Federal
     Commission is affirming the technical                   requirement for the ten listed radio                  Register publication of the Report and
     rules for BPL, and denying petitions for                astronomy facilities to a consultation                Order, i.e., after July 7, 2006, must
     reconsideration that request delay,                     requirement, and to add a new                         comply with the newly adopted
     further study, or the exclusion of                      exclusion zone for one Very Large Array               requirements of Subpart G of part 15 for
     particular additional frequencies. The                  (VLA) radio astronomy observatory site                BPL devices, including certification of
     Commission is amending the rules to                     at 73.0–74.6 MHz. In addition, the                    the equipment. The BPL industry


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