Revision of the Rules Regarding Marketing and Equipment Authorizations

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