[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Rules and Regulations]
[Pages 37417-37419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17516]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 18
[ET Docket No. 98-42, FCC 99-135]
Regulations for RF Lighting Devices
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rules for radio
frequency (RF) lighting devices. This action seeks to eliminate
unnecessary regulations and to support the introduction of new and
beneficial products while ensuring that radio communications services
are protected from interference. Accordingly, we are relaxing the line-
conducted emission limits below 30 MHz for new consumer RF lighting
devices.
DATES: Effective October 13, 1999.
FOR FURTHER INFORMATION CONTACT: Anthony Serafini, Office of
Engineering and Technology, (202) 418-2456.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket 98-76, FCC 99-58, adopted June 9, 1999, and
released June 16, 1999. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (TW-A257), 445 12th Street, S.W., Washington,
D.C., and also may be purchased from the Commission's duplication
contractor, International Transcription Service, 445 12th Street, S.W.,
Room CY-B400, Washington, D.C. 20554.
Summary of the Report and Order
1. The Report and Order amends Part 18 of the Commission's rules
for radio frequency (RF) lighting devices. Recent developments and
advances in RF lighting technology offer potential economic and
environmental benefits for consumers and industry. The current
Commission rules, however, do not easily accommodate these
technological advancements and thus hinder the further development and
implementation of these new products. This action eliminates
unnecessary regulations and supports the introduction of new and
beneficial products while ensuring that radio communications services
are protected from interference. Accordingly, we are relaxing the line-
conducted emission limits below 30 MHz for new consumer RF lighting
devices.
2. On April 1, 1998, the Commission adopted a Notice of Proposed
Rulemaking (Notice) 63 FR 20363, April 24, 1998, that proposed rules to
accommodate a new generation of RF lighting devices. These new devices
offer potential benefits for both consumer and non-consumer users.
General Electric (GE) developed a new Electrodeless Fluorescent Lamp
(EFL) for typical low power consumer applications such as in-home
lighting. The GE lamp is designed to operate in the 2.2-2.8 MHz band.
GE claims that its new lamp is more efficient and longer-lasting than
incandescent consumer bulbs, and is an improvement over existing low
frequency RF lights known as Compact Fluorescent Lamps (CFL). Unlike
current RF lighting lamps,
[[Page 37418]]
EFLs are nearly identical in size and shape to incandescent bulbs. GE
reports that a new 23-watt EFL will provide light similar to a 75-watt
standard incandescent bulb and is expected to last two or three times
longer than present lamps that use electrodes. GE estimates that, if
10% of consumer lamps were replaced with EFL technology, energy
consumption in the United States would be reduced by nearly 1 billion
kilowatt hours, saving consumers approximately $1.4 billion each year.
The lamp cannot meet the current FCC line-conducted emission limits for
consumer RF lighting devices without the addition of filters which
would significantly increase costs and would impede market acceptance.
In 1995 the Commission granted GE a waiver to begin marketing the lamp
under relaxed line-conducted emissions limits in the 2.2-2.8 MHz band.
In the Notice, the Commission proposed to codify the relaxed line-
conducted emission limits.
3. The Commission proposed to relax the consumer line-conducted
emission limits in Section 18.307(c) by 22 dB in the 2.2-2.8 MHz band,
to the existing non-consumer limit of 3000 microvolts. This proposal
was consistent with the waiver granted to GE. The 2.2-2.8 MHz band is
allocated to several Government and Non-Government communications
services, including aviation, international fixed public, maritime,
private land mobile, Government fixed and mobile, and standard
frequency and time transmissions. Operations on these frequencies
include, among others, Civil Air Patrol, ship to shore communications,
broadcast auxiliary, local government and police operations. GE had
performed analyses showing that there would be little risk of
interference to these services if the line-conducted emissions limits
were relaxed. GE marketed several hundred thousand EFLs under the
waiver, with no reported incidents of interference to communications
services.
4. We believe that it is appropriate to relax the line conducted
limits to facilitate the use of this new technology. GE has
demonstrated through experience gained under its waiver that the
proposed relaxation of the line conducted limits does not pose any
significant risk of causing interference to radio communications
services. We find no evidence in the record to support argument that
the proposed relaxation of the line-conducted limit could increase
spurious emissions due to interactions with other products. Further, we
find no basis for the argument that the proposed relaxation could lead
to increased harmonic emissions in other frequency bands because the
Commission proposed no changes to the existing line-conducted and
radiated emissions limits that apply to harmonic and spurious emissions
outside the proposed frequency band.
5. We also believe that the frequency range for the rule relaxation
should be changed to be consistent with international standards. We
believe that harmonization with the frequency band used internationally
will promote trade and reduce product costs. Accordingly, we are
relaxing the consumer line-conducted emission limit in Section
18.307(c) by 22 dB to 3000 microvolts in the 2.51-3.0 MHz band, as
proposed.
6. Labelling. The terms of the GE waiver required that an advisory
label be placed on the product packaging warning of possible
interference to maritime operations. In the Notice, we asked for
comment on whether to continue to require this advisory label and
whether a similar label should be required for all RF lighting devices.
Commenters recommend requiring a label for RF lighting devices to warn
users about potential interference to communication services.
7. We believe that an advisory label is appropriate to further
ensure that RF lighting devices are not used in close proximity to
critical navigation and communications equipment. Accordingly, we are
requiring manufacturers of RF lighting devices to provide an advisory
statement, either on the product packaging or with other user
documentation, similar to the following: ``This product may cause
interference to radio communications and should not be installed near
maritime safety communications equipment or other critical navigation
or communication equipment operating between 0.45-30 MHz.'' Variations
of this language are permitted provided all the points of the statement
are addressed.
8. Transient Emissions. In the Notice, we invited comment as to
whether any requirements may be necessary to address transient
emissions that can occur when RF lighting devices are turned on and
off. We find that requirements for transient emissions are unnecessary.
The limited potential for added interference does not warrant
additional regulations. Accordingly, we choose not to adopt any
requirements for transient emissions.
9. It is ordered that Part 18 of the Commission's Rules and
Regulations is amended as specified and will be effective October 13,
1999 in order to allow sufficient time for the Paperwork Reduction Act
requirements due to the new labelling regulations. The proposed action
is authorized under Sections 4(i), 301, 302, 303(e), 303(f), 303(r),
304 and 307 of the Communications Act of 1934, as amended, 47 U.S.C.
Sections 154(i), 301, 302, 303(e), 303(f), 303(r), 304 and 307.
Final Regulatory Flexibility Analysis
10. As required by the Regulatory Flexibility Act
(RFA),1 the Commission prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the expected significant economic impact
on small entities by the policies and rules proposed in the Notice of
Proposed Rule Making (``Notice''). Written public comments were
requested on the IRFA. The Final Regulatory Flexbility Analysis (FRFA)
in this Report and Order conforms to the RFA.
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
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Need for and Objective of the Rules
11. This rule making proceeding was initiated to obtain comment
regarding proposals to change the regulations for RF lighting. Recent
developments and advances in RF lighting technology offer potential
economic and environmental benefits for consumers and industry. The
current Commission rules, however, do not easily accommodate these
technological advancements and thus hinder the further development and
implementation of these promising new products. This action seeks to
relax the Part 18 regulations to accommodate new and beneficial
products while ensuring that other important communications services
continue to be protected from interference. This action will
potentially benefit all entities using RF lighting technologies,
including small entities.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
12. No commenting parties raised issues specifically in response to
the IRFA.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
13. The RFA generally defines a ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small government jurisdiction.'' 2 In addition, the term
``small business'' is the same meaning as the term ``small business
[[Page 37419]]
concern'' under the Small Business Act (``SBA''), 15 U.S.C. 632, unless
the Commission has developed one or more definitions that are
appropriate to its activities.3 Under the SBA, a ``small
business concern'' is one that (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) meets any
individual criteria established by the Small Business Administration
(SBA).4
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\2\ See 5 U.S.C. 601(6).
\3\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 5 U.S.C. 632).
\4\ 15 U.S.C. 632.
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14. The Commission has not developed a definition of small entities
applicable to RF Lighting Devices. Therefore, the applicable definition
of small entity is the definition under the Small Business
Administration (SBA) rules applicable to Communications Services, Not
Elsewhere Classified. This definition provides that a small entity is
one with $11.0 million or less in annual receipts.5
According to Census Bureau data, there are 848 firms that fall under
the category of Communications Services, Not Elsewhere Classified. Of
those, approximately 775 reported annual receipts of $11 million or
less and qualify as small entities.
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\5\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
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Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
15. Under Part 18 of the FCC rules, consumer ISM equipment must be
approved under the FCC certification process and non-consumer equipment
is subject to verification. No changes are being made to the testing
and approval process requirements for RF lighting product.
Steps Taken to Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
16. The new rules adopted in this Report and Order are intended to
support the further development and implementation of new RF lighting
products. These actions will benefit all RF lighting manufacturers,
including small entities.
17. U.S. manufacturers have developed new RF lighting technologies
that offer potential economic and environmental benefits to consumers
and industry. General Electric (GE) has developed an Electrodeless
Fluorescent Lamp (EFL) that operates between 2.2-2.8 MHz. This is a
more efficient, longer lasting consumer lamp that is an alternative to
normal incandescent light bulbs. EFL lamps represent a new generation
of technology beyond the existing low frequency RF lights known as
Compact Fluorescent Lamps (CFL), which are limited in their
applications due to their non-traditional design using curved tubing.
EFL lamps are nearly identical in size and shape to incandescent bulbs
and therefore, are expected to have greater consumer applications and
acceptance over CFL lamps.
18. The existing RF lighting rules were adopted many years ago for
products operating at relatively low frequencies and do not easily
accommodate new state-of-the-art RF lighting technologies. We are
modifying our rules to accommodate these new technologies to the extent
possible while still ensuring that communications services are
protected from harmful interference.
Report to Congress
19. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this FRFA will also be
published in the Federal Register, see 5 U.S.C. 604(b), and will be
sent to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 18
Business and industry, Household appliances, Radio, Report and
recordkeeping requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, Part 18 of the Code of
Federal Regulations, is amended as follows:
PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT
1. The authority citation for Part 18 continues to read as follows:
Authority: 47 U.S.C. Sec. 4, 301, 302, 303, 304 and 307.
2. Section 18.213, paragraph (d) is added to read as follows:
Sec. 18.213 Information to the user.
* * * * *
(d) Manufacturers of RF lighting devices must provide an advisory
statement, either on the product packaging or with other user
documentation, similar to the following: This product may cause
interference to radio equipment and should not be installed near
maritime safety communications equipment or other critical navigation
or communication equipment operating between 0.45-30 MHz. Variations of
this language are permitted provided all the points of the statement
are addressed and may be presented in any legible font or text style.
3. Section 18.307(c) is revised to read as follows:
Sec. 18.307 Conduction Limits.
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(c) RF lighting devices:
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Maximum RF
line
voltage
Frequency (MHz) measured
with a 50
uH/50 ohm
LISN (uV)
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Non-consumer equipment:
0.45 to 1.6.............................................. 1,000
1.6 to 30................................................ 3,000
Consumer equipment:
0.45 to 2.51............................................. 250
2.51 to 3.0.............................................. 3,000
3.0 to 30................................................ 250
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[FR Doc. 99-17516 Filed 7-9-99; 8:45 am]
BILLING CODE 6712-01-P
