[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14915]
[[Page Unknown]]
[Federal Register: June 21, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 94-45; FCC 94-110]
Revision of the Rules Regarding Marketing and Equipment
Authorizations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This proposal responds to a Petition for Rule Making filed by
the Consumer Electronics Group of the Electronic Industries Association
(EIA/CEG) that would consolidate and harmonize the Commission's
marketing rules. This proposal will permit radio frequency devices,
prior to authorization or a determination of compliance with the
technical standards, to be announced, advertised, displayed, and
operated for compliance testing, demonstrations at trade shows, or
evaluation at the manufacturer's facilities. In addition, non-consumer
devices that have not been tested or authorized could be offered for
conditional sale or supplied to the user for evaluation or compliance
testing. On its own motion, the Commission is also proposing to amend
its equipment authorizations regulations to provide clarification, to
resolve inconsistencies, to remove unnecessary restrictions and
obsolete regulations, and to incorporate several interpretations. These
proposals would stimulate economic growth by permitting products to be
developed on a cooperative basis by manufacturers and retailers, and by
potential decreasing the time for a product to reach the marketplace.
DATES: Comments must be submitted on or before September 5, 1994, and
reply comments on or before October 4, 1994.
ADDRESSES: Federal Communications Commission, 1919 M Street NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: John A. Reed, Office of Engineering
and Technology, (202) 653-7313.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making in ET Docket No. 94-45, adopted May 9, 1994,
and released June 9, 1994.
The complete text of this Notice of Proposed Rule Making is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC, and also may be purchased from the Commission's copy contractor,
International Transcription Services, Inc., (202) 857-3800, 2100 M
Street, NW., suite 140, Washington, DC 20037.
Paperwork Reduction
The proposed amendments will not modify the information collection
requirements contained in the current regulations.
Summary of the Notice of Proposed Rule Making
1. In the Notice of Proposed Rule Making the Commission, in
response to a petition from the Consumer Electronics Group of the
Electronic Industries Association, proposes to amend Part 2 of its
rules regarding the marketing and operation of radio frequency (RF)
devices. Marketing includes the sale or lease, offer for sale or lease,
including advertising for sale or lease, and importation, shipment or
distribution for the purpose of sale or lease or offering for sale or
lease. Currently, the rules prohibit the marketing and operation of an
RF device unless it complies with all of the standards and the
equipment authorization procedures. Certain exceptions to these rules
are provided for verified digital devices and non-consumer ISM products
operated under Part 18 of the rules.
2. The proposal would harmonize the marketing rules by permitting
RF devices, prior to authorization or a determination of compliance
with the technical standards, to be announced, advertised, displayed,
and, if compliant with any Commission license requirements, operated
for compliance testing, demonstrated at trade shows, or evaluated at
the manufacturer's facilities. In addition, non-consumer RF devices,
i.e., products employed at business, commercial, industrial, scientific
or medical sites, prior to testing or authorization, could be offered
for conditional sale or supplied to the user for evaluation or
compliance testing. As under the existing rules, no products may be
marketed or supplied to the general public prior to testing or
authorization. Further, these products must be designed with the intent
of complying with all applicable regulations.
3. On its own motion, the Commission is also proposing several
additional changes to the equipment authorization rules to resolve
inconsistencies, to provide clarification, to remove unnecessary
restrictions and obsolete regulations, and to incorporate several
interpretations. Specifically, the Commission would amend the rules to
indicate, explicitly, that, as with any request for authorization, an
anti-drug abuse statement is required with requests for permissive
changes. In addition, the rules would state that proper labeling of a
product is a condition of the grant of equipment authorization and is
required prior to marketing. The Commission would also clarify that a
product is considered to be ``electrically identical'' if no changes
are made to the product or if any changes to the product could be
treated as Class I permissive changes. Further, outdated regulations,
e.g., references to type approval which is no longer employed, would be
removed, duplicative rules would be removed, and erroneous rule
citations would be corrected.
4. In addition to the above changes, the Commission proposes to
require that any party that modifies an authorized RF device becomes
responsible for ensuring that the modified product continues to comply
with the appropriate standards and must maintain whatever records are
required to demonstrate such compliance. In order to facilitate
identification, the Commission also proposes that a product modified by
someone other than the original responsible party be labeled with the
name, address and telephone number of the new responsible party along
with a statement that the product has been modified.
5. Finally, the Commission would amend the regulations regarding
authorization under the verification procedure to clarify the
information required to be retained by the responsible party and to
indicate the time period within which requests by the Commission for
product samples must be submitted and the party responsible for
submitting those samples.
Initial Regulatory Flexibility Analysis
6. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. Written public comments are requested on
the IRFA. These comments must be filed in accordance with the same
filing deadlines as comments on the rest of the Notice, but they must
have a separate and distinct heading designating them as responses to
the Initial Regulatory Flexibility Analysis. The Secretary shall send a
copy of this Notice of Proposed Rule Making, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with paragraph 603(a)
of the Regulatory Flexibility Act. Pub. L. No. 96-354, Stat. 1164, 5
U.S.C. Section 601 et seq. (1981).
Reason for Action
This Notice of Proposed Rule Making responds to the petition
submitted by the Electronic Industries Association, Consumer
Electronics Group, to harmonize our rules regarding the announcement,
advertising, display, activation and marketing of radio frequency (RF)
devices prior to compliance with the applicable standards. On our own
initiative, we are also proposing amendments to the Part 2 rules to
address the responsibility of parties that modify products prior to
sale, and to establish a time frame within which samples or records
files of verified devices must be submitted to the Commission upon
request. In addition, we are proposing to amend the equipment
authorization rules to clarify existing regulations, remove outdated
regulations, and correct erroneous rule citations.
Objectives
The objectives of this proposal are to facilitate the marketing and
display of RF devices, to identify the party ultimately responsible for
ensuring that a marketed device complies with the standards, to
facilitate the retrieval of test records by the Commission, to clarify
existing regulations, to remove outdated regulations, and to correct
existing errors in the rules.
Legal Basis
The proposed action is authorized under Sections 4(i), 302, 303(e),
303(f), and 303(r) of the Communications Act of 1934, as amended 47
U.S.C. Sections 154(i), 302, 303(e), 303(f), and 303(r).
Reporting, Recordkeeping and Other Compliance Requirements
One change to the reporting and recordkeeping requirements would be
initiated by this proposal: parties that take authorized RF devices and
remanufacture or otherwise modify these products prior to marketing
would be designated as the parties responsible for ensuring that the
products comply with the applicable rules and, thus, would have the
same reporting and record keeping requirements that normally apply to
an equipment manufacturer.
Federal Rules Which Overlap, Duplicate or Conflict With These Rules
None.
Description, Potential Impact and Number of Small Entities Involved
It is unknown how many small entities that may be affected. There
should be no adverse impact on any party that manufacturers or markets
equipment that currently complies with our standards.
Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent With Stated Objectives
None.
List of Subjects in 47 CFR Part 2
Radio, Reporting and recordkeeping requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Proposed Rule Changes
Part 2, Title 47 of the Code of Federal Regulations is proposed to
be amended as follows:
PART 2--[AMENDED]
1. The authority citation for Part 2 continues to read as follows:
Authority: Sections 4, 302, 303, and 307 of the Communications
Act of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303,
303(r), and 307, unless otherwise noted.
2. Section 2.803 is revised to read as follows:
Sec. 2.803 Marketing of radio frequency devices prior to equipment
authorization.
(a) No person shall sell or lease, or offer for sale or lease
(including advertising for sale or lease), or import, ship, or
distribute for the purpose of selling or leasing or offering for sale
or lease, any radio frequency device unless:
(1) In the case of a device subject to type acceptance,
certification, or notification, such device has been authorized by the
Commission in accordance with the rules in this chapter and is properly
identified and labelled as required by Sec. 2.925 and other relevant
sections in this chapter; or
(2) In the case of a device that is not required to have a grant of
equipment authorization issued by the Commission, but which must comply
with the specified technical standards prior to use, such device also
complies with all applicable administrative (including verification of
the equipment, where required), technical, labelling and identification
requirements specified in this chapter.
(b) The provisions of paragraph (a) do not forbid conditional sales
contracts between manufacturers and wholesalers or retailers where
delivery is contingent upon compliance with the applicable equipment
authorization and technical requirements, nor do they prohibit
agreements between parties to produce new products, manufactured in
accordance with designated specifications.
(c)(1) Notwithstanding the provisions of paragraph (a) of this
section, a radio frequency device may be advertised or displayed, e.g.,
at a trade show or exhibition, prior to equipment authorization or, for
devices not subject to the equipment authorization requirements, prior
to a determination of compliance with the applicable technical
requirements provided the advertising contains, and the display is
accompanied by, a conspicuous notice worded as follows:
This device has not been authorized as required by the rules of the
Federal Communications Commission. This device is not, and may not be,
offered for sale or lease, or sold or leased, until authorization is
obtained.
(2) Except as provided elsewhere in this chapter, devices displayed
under the provisions of this paragraph may not be activated or
operated.
(d) Notwithstanding the provisions of paragraph (a), the
announcement and offer for sale solely to business, commercial,
industrial, scientific or medical users (but not to the general public)
of a radio frequency device that is in the conceptual, developmental,
design or preproduction stage is permitted prior to equipment
authorization or, for devices not subject to the equipment
authorization requirements, prior to a determination of compliance with
the applicable technical requirements provided the prospective buyer is
advised in writing at the time of announcement or offer for sale that
the equipment is subject to the FCC rules and that the equipment will
comply with the appropriate rules before delivery to the buyer or to
centers of distribution.
(e) Nowithstanding the provisions of paragraph (a), any radio
frequency device may be operated, but not marketed, prior to equipment
authorization or determination of compliance with the applicable
technical requirements for the following purposes:
(1) Compliance testing;
(2) Demonstration at a trade show provided the notice contained in
paragraph (c) of this section is displayed in a conspicuous location
on, or immediately adjacent to, the device;
(3) Evaluation of product performance and determination of customer
acceptability, provided such operation takes place at the
manufacturer's facilities during developmental, design or preproduction
states; or,
(4) Evaluation of product performance and determination of customer
acceptability where customer acceptability of a radio frequency device
cannot be determined at the manufacturer's facilities because of size
or unique capability of the device, provided the device is operated at
a business, commercial, industrial, scientific, or medical user's site,
but not at a residential site, during the development, design or
preproduction stages. A product operated under this provision shall be
labelled, in a conspicuous location, with the notice in paragraph (c)
of this section.
(5) For the purpose of paragraphs (e)(3) and (e)(4) of this
section, the term ``manufacturer's facilities'' includes the facilities
of the party responsible for compliance with the regulations and the
manufacturer's premises, as well as other entities working under the
authorization of the responsible party in connection with the
development and manufacture, but not marketing, of the equipment.
(6) The provisions of paragraphs (e)(1), (e)(2), (e)(3), and (e)(4)
of this section do not eliminate any requirements for station licenses
that may be specified elsewhere in this chapter.
(f) For radio frequency devices subject to verification and sold
solely to business, commercial, industrial, scientific, and medical
users (excluding sales to the general public), parties responsible for
verification of the devices shall have the option of ensuring
compliance with the applicable technical specifications of this chapter
at each end user's location after installation, provided that the
purchase or lease agreement includes a proviso that such a
determination of compliance be made and is the responsibility of the
party responsible for verification of the equipment.
(g) The provisions in paragraphs (b) through (f) of this section
apply only to devices that are designed with the intent of compliance
with all applicable requirements in this chapter. The provisions in
paragraphs (b) through (f) do not apply to radio frequency devices that
could not be authorized or legally operated under the current rules.
Such devices shall not be operated, advertised, displayed, offered for
sale or lease, sold or leased, or otherwise marketed.
Sec. 2.805 [Removed]
3. Section 2.805 is removed.
Sec. 2.806 [Removed]
4. Section 2.806 is removed.
Sec. 2.807 [Amended]
5. Section 2.807 is amended by revising the phrase ``Secs. 2.803
and 2.805'' to read ``Sec. 2.803'' in the introductory paragraph.
Sec. 2.809 [Removed]
6. Section 2.809 is removed.
Sec. 2.811 [Amended]
7. Section 2.811 is amended by revising the phrase ``Sections 2.803
and 2.805'' to read ``Section 2.803''.
Sec. 2.813 [Amended]
8. Section 2.813 is amended by revising the phrase ``Sections 2.803
and 2.805'' to read ``Section 2.803''.
Sec. 2.815 [Amended]
9. Section 2.815 is amended by revising the references in
paragraphs (d) and (e) ``Secs. 97.75 and 97.76'' to read ``Secs. 97.315
and 97.317''.
Sec. 2.901 [Amended]
10. Section 2.901 is amended by removing the references to ``type
approval,'' in paragraphs (a) and (b).
Sec. 2.903 [Removed]
11. Section 2.903 is removed.
12. Section 2.909 is amended by adding language to the end of
paragraphs (a) and (b) and by adding a new paragraph (c) to read as
follows:
Sec. 2.909 Responsible party.
(a) * * * If radio frequency equipment is modified by any party
other than the grantee and that party is not working under the
authorization of the grantee pursuant to Sec. 2.929(b) of this chapter,
the party performing the modification is responsible for compliance of
the product with the applicable administrative and technical provisions
in this chapter.
(b) * * * If radio frequency equipment is modified subsequent to
original manufacture or importation, the party performing the
modification is designated as the responsible party.
(c) If, because of modifications performed subsequent to
authorization, a new party becomes responsible for ensuring that a
product complies with the technical standards, the equipment shall be
labelled, following the specifications in Sec. 2.925(d) of this
chapter, with the following: ``This product has been modified by
[insert name, address and telephone number of the party performing the
modifications].''
13. Section 2.913 is revised to read as follows:
Sec. 2.913 Submittal of equipment authorization application or
information to the Commission.
(a) Applications and fees for equipment authorization shall be
submitted to the address shown in Sec. 1.1103 of this chapter unless
otherwise directed.
(b) Any information or equipment samples requested by the
Commission pursuant to the provisions of subpart J of this part shall,
unless otherwise directed, he submitted to the FCC, Authorization and
Evaluation Division, 7435 Oakland Mills Road, Columbia, MD 21046.
Sec. 2.915 [Amended]
14. Section 2.915 is amended by removing the reference to ``type
approval,'' in paragraphs (a) introducing text and (c).
Sec. 2.917 [Amended]
15. Section 2.917 is amended by removing paragraph (d).
16. Section 2.924 is revised to read as follows:
Sec. 2.924 Marketing of electrically identical equipment having
multiple trade names and models or type numbers under the same FCC
Identifier.
The grantee of an equipment authorization may market devices having
different model/type numbers or trade names without additional
authorization from the Commission provided such devices are
electrically identical and the equipment bears an FCC Identifier
validated by a grant of equipment authorization. A device will be
considered to be electrically identical if no changes are made to the
device authorized by the Commission, or the changes made to the device
would be treated as Class I permissive changes within the scope of
Secs. 2.1001(b)(1) and 2.1043(b)(1) of this chapter. Changes to the
model number or trade name by anyone other than the grantee, or under
the authorization of the grantee, shall be performed following the
procedures in Sec. 2.933 of this chapter.
17. Section 2.925 is amended by removing paragraph (g), by revising
the reference in paragraph (b)(4) ``Sec. 15.69c)'' to read
``Sec. 15.101'', and by revising paragraph (d) introductory text to
read as follows: Sec. 2.925 Identification of equipment.
* * * * *
(d) In order to validate the grant of equipment authorization, the
nameplate or label shall be permanently affixed to the equipment and
shall be readily visible to the purchaser at the time of purchase.
* * * * *
Sec. 2.926 [Amended]
18. Section 2.926 is amended by revising the reference in paragraph
(e) ``Sec. 15.69'' to read ``Sec. 15.101''.
19. Section 2.927 is amended by removing paragraph (d) and by
revising paragraphs (a) and (b) to read as follows:
Sec. 2.927 Limitations on grants.
(a) A grant of equipment authorization is valid only when the FCC
Identifier is permanently affixed on the device and remains effective
until revoked or withdrawn, rescinded, surrendered, or a termination
date is otherwise established by the Commission.
(b) A grant of an equipment authorization signifies that the
Commission has determined that the equipment has been shown to be
capable of compliance with the applicable technical standards if no
unauthorized change is made in the equipment and if the equipment is
properly maintained and operated. The issuance of a grant of equipment
authorization shall not be construed as a finding by the Commission
with respect to matters not encompassed by the Commission's rules,
especially with respect to compliance with 18 U.S.C. 2512.
* * * * *
20 and 21. Section 2.932 is amended by adding a new paragraph (f),
to read as follows:
Sec. 2.932 Modification of equipment.
* * * * *
(f) All requests for permissive changes submitted to the Commission
must be accompanied by the anti-drug abuse certification required under
Sec. 1.2002 of this chapter.
22. Section 2.933 is amended by revising paragraphs (a) and (c) and
paragraph (b)(7) to read as follows:
Sec. 2.933 Change in identification of equipment.
(a) A new application for equipment authorization shall be filed
whenever there is a change in the identification of the equipment with
or without a change in design, circuitry or construction. However, a
change in the model/type number or trade name performed in accordance
with the provisions in Sec. 2.924 of this chapter will not be
considered to be a change in identification and does not require
additional authorization from the Commission.
(b) * * *
(7) In the case of certified equipment, the photographs required by
Sec. 2.1033(b)(7) showing the exterior appearance of the equipment,
including the operating controls available to the user and the
identification label. Photographs of the construction, the component
placement on the chassis, and the chassis assembly are not required to
be submitted unless specifically requested by the Commission.
(c) If the change in identification also involves a change in
design or circuitry which falls outside the purview of a permissive
change described in Secs. 2.977, 2.1001 or 2.1043, a complete
application shall be filed pursuant to Sec. 2.911.
Sec. 2.934 [Amended]
23. Section 2.934 is amended by revising the reference
``Sec. 2.910(b)'' to read ``Sec. 2.913(b)''.
24. Section 2.936 is revised to read as follows:
Sec. 2.936 FCC inspection.
Upon reasonable request, each responsible party shall submit the
following to the Commission or shall make the following available for
inspection:
(a) The records required by Secs. 2.938 and 2.955.
(b) A sample unit of the equipment covered under an authorization.
(c) The manufacturing plant and facilities.
25. Section 2.938 is revised to read as follows:
Sec. 2.938 Retention of records.
(a) For each equipment subject to the Commission's standards, the
responsible party shall maintain the records listed below:
(1) A record of the original design drawings and specifications and
all changes that have been made that may affection compliance with the
standards and the requirements of Sec. 2.931.
(2) A record of the procedures used for production inspection and
testing to ensure conformance with the standards and the requirements
of Sec. 2.931.
(3) A record of the test results that demonstrate compliance with
the appropriate regulations.
(b) The provisions of paragraph (a) of this section shall also
apply to a manufacturer of equipment produced under the provisions of
Sec. 2.929(b) of this chapter. The retention of the records by the
manufacturer under these circumstances shall satisfy the grantee's
responsibility under paragraph (a) of this section.
(c) The records listed in paragraph (a) of this section shall be
retained for one year after the manufacture of said equipment has been
permanently discontinued, or until the conclusion of an investigation
or a proceeding if the responsible party (or under paragraph (b) of
this section the manufacturer) is officially notified that an
investigation or any other administrative proceeding involving its
equipment has been instituted.
Sec. 2.941 [Amended]
26. Section 2.941 is amended by revising the reference in paragraph
(b) ``Sec. 0.457'' to read ``Secs. 0.441 through 0.470''.
27. Section 2.946 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 2.946 Penalty for failure to provide test samples and data.
(a) Any responsible party, as defined in Sec. 2.909 of this
chapter, and any party who markets equipment subject to the provisions
on this chapter shall provide a test sample(s) or data upon request by
the Commission. * * *
* * * * *
28. Section 2.953 is amended by revising the title and by revising
paragraph (a), (b), and (d) to read as follows:
Sec. 2.953 Responsibility for compliance.
(a) In verifying compliance, the responsible party, as defined in
Sec. 2.909 of this chapter, warrants that each unit of equipment
marketed under the verification procedure will be identical to the unit
tested and found acceptable with the standards and that the records
maintained by the responsible party continue to reflect the equipment
being produced under such verification within the variation that can be
expected due to quantity production and testing on a statistical basis.
(b) The importer of equipment subject to verification may upon
receiving a written statement from the manufacturer that the equipment
complies with the appropriate technical standards rely on the
manufacturer or independent testing agency to verify compliance. The
test records required by Sec. 2.955, however, should be in the English
language and made available to the Commission upon a reasonable
request, in accordance with Sec. 2.956 of this chapter.
(c) * * *
(d) Verified equipment shall be reverified if any modification or
change adversely affects the emanation characteristics of the modified
equipment. The party designated in Sec. 2.909 of this chapter bears
responsibility for continued compliance of subsequently produced
equipment.
29. Section 2.955 is amended by revising paragraphs (a)
introductory text and (a)(3) to read as follows:
Sec. 2.955 Retention of records.
(a) For each equipment subject to verification, the responsible
party, as shown in Sec. 2.909 of this chapter, shall maintain the
records listed below:
* * * * *
(3) A record of the measurements made on an appropriate test site
that demonstrates compliance with the applicable regulations. The
record shall:
(i) Indicate the actual date all testing was performed.
(ii) State the name of the test laboratory, company, or individual
performing the verification testing. The Commission may request
additional information regarding the test site, the test equipment or
the qualifications of the company or individual performing the
verification tests.
(iii) Contain a description of how the device was actually tested,
identifying the measurement procedure and test equipment that was used.
(iv) Contain a description of the equipment under test (EUT) and
support equipment connected to, or installed within, the EUT.
(v) Identify the EUT and support equipment by trade name and model
number and, if appropriate, by FCC Identifier and serial number.
(vi) Indicate the types and lengths of connecting cables used and
how they were arranged or moved during testing.
(vii) Contain at least two photographs showing the test set-up for
the highest line conducted emission and showing the test set-up for the
highest radiated emission. These photographs must be focused originals
which show enough detail to confirm other information contained in the
test report.
(viii) List all modifications, if any, made to the EUT by the
testing company or individual to achieve compliance with the
regulations.
(ix) Include all of the data required to show compliance with the
appropriate regulations.
(x) Contain, on the test report, the signature of the individual
responsible for testing the product along with the name and signature
of an official of the responsible party, as designated in Sec. 2.909 of
this chapter.
* * * * * * *
30. Section 2.956 is revised to read as follows:
Sec. 2.956 FCC inspection and submission of equipment for testing.
(a) Each responsible party shall upon receipt of reasonable
request:
(1) Submit to the Commission the records required by Sec. 2.955.
(2) Subject one or more sample units for measurements at the
Commission's Laboratory.
(i) Shipping costs to the Commission's Laboratory and return shall
be borne by the responsible party.
(ii) In the event the responsible party believes that shipment of
the sample to the Commission's Laboratory is impractical because of the
size or weight of the equipment, or the power requirement, or for any
other reason, the responsible party may subunit a written explanation
why such shipment is impractical and should not be required.
(b) Requests for the submission of the records in Sec. 2.955 of
this chapter or for the submission of sample units are covered under
the provisions of Sec. 2.946 of this chapter.
Sec. 2.957 [Removed]
31. Section 2.957 is removed.
Sec. 2.961 [Removed]
32. Section 2.961 is removed.
Sec. 2.963 [Removed]
33. Section 2.963 is removed.
Sec. 2.965 [Removed]
34. Section 2.965 is removed.
Sec. 2.967 [Removed]
35. Section 2.967 is removed.
Sec. 2.969 [Removed]
36. Section 2.969 is removed.
37. Section 2.975 is amended by revising the reference in paragraph
(b) from ``Sec. 2.909(c)'' to ``Sec. 2.911(c)'' and by revising
paragraph (g) to read as follows:
Sec. 2.975 Application for notification.
* * * * * * *
(g) The records of measurement data, measurement procedures,
photographs, circuit diagrams, etc. for a device subject to
notification shall be retained for two years after the manufacture of
said equipment has been permanently discontinued, or, if the
responsible party is officially notified that an investigation or any
other administrative proceeding involving the equipment has been
instituted prior to the expiration of such two year period, until the
conclusion of that investigation or proceeding.
Sec. 2.979 [Removed]
38. Section 2.979 is removed.
Sec. 2.983 [Amended]
39. Section 2.983 is amended by revising the reference in paragraph
(i) from ``subpart C of part 97'' to ``subpart D of part 97''.
Sec. 2.1003 [Removed]
40. Section 2.1003 is removed.
Sec. 2.1005 [Amended]
41. Section 2.1005 is amended by removing the reference to
``Sec. 2.1003'' in paragraphs (a) and (c)(4), by revising the reference
in paragraph (c) introductory text from ``Sec. 97.3(z)'' to
``Sec. 97.3(a)(17)'', by revising the reference in paragraph (d) from
``CB Rule 21'' to ``Sec. 95.411'', and by revising the reference in
paragraph (d) from ``Sec. 97.77'' to ``Sec. 97.317''.
Sec. 02.1033 [Amended]
42. Section 2.1033 is amended by revising the reference in
paragraph (b) (11) from ``Sec. 15.257(e)'' to ``Sec. 15.247(e)''.
Sec. 2.1045 [Removed]
43. Section 2.1045 is removed.
Sec. 2.1300 [Amended]
44. Section 2.1300 is amended by revising the reference from
``Sec. 2.909'' to ``Sec. 2.911''.
[FR Doc. 94-14915 Filed 6-20-94; 8:45 am]
BILLING CODE 6712-01-M
