Streamlining the Equipment Authorization Procedures for Digital Devices

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2 and 15

[ET Docket No. 95-19; FCC 96-208]

Streamlining the Equipment Authorization Procedures for Digital

Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: These rules deregulate the equipment authorization

requirements for personal computers and personal computer peripherals

by relaxing the equipment authorization procedures to provide a new

self-authorization process based on a manufacturer's or supplier's

declaration of compliance. These changes were made to reduce the

regulatory burden on computer manufacturers and assemblers. This action

will save industry approximately $250 million annually, permit products

to reach the marketplace more quickly and stimulate competition in the

computer industry.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: John A. Reed at (202) 418-2455 and

Anthony Serafini at 418-2456, Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report

and Order in ET Docket No. 95-19, FCC 96-208, adopted May 9, 1996 and

released May 14, 1996. The complete text of this Report and Order 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.

Summary of the Report and Order

1. By this action, the Commission is streamlining the equipment

authorization requirements for personal computers and personal computer

peripherals. The item adopts a new ``Declaration of Conformity'' (DoC)

procedure that will permit these devices to be authorized based on a

manufacturer's or supplier's declaration that the computer product

conforms with all FCC requirements. Under this procedure, a

manufacturer or equipment supplier will test a product to ensure

compliance with our standards for limiting radio frequency (RF)

emissions and will include a statement, attesting to compliance with

those standards in the literature furnished with the product. We are

also permitting the marketing of personal computers assembled from

separate components that have themselves been authorized under a DoC.

In such cases, no further testing of the completed assembly will be

required.

2. We anticipate that these rule changes will save industry

approximately $250 million annually in administrative expenses, while

continuing to provide the same level of protection against harmful

interference from personal computing devices to radio communication

services. In addition, the new rules will eliminate the need for

manufacturers to obtain FCC approval before marketing new personal

computer products and thus will allow such products to reach the

marketplace more quickly. We also believe that our relaxation of the

existing regulations, which can be particularly burdensome for small

manufacturers, will stimulate competition in the computer industry.

Further, these changes will align our equipment authorization

requirements for personal computers with those used in other parts of

the world. This action is consistent with new authority provided in the

Telecommunications Act of 1996 that permits the Commission to authorize

the use of private organizations for testing and certifying the

compliance of devices or home electronics equipment and systems with

FCC regulations.

3. Accordingly, it is ordered that Parts 0, 2 and 15 of the

Commission's Rules and Regulations are amended as specified below,

effective August 19, 1996. It is also ordered that the proceeding in

GEN Docket No. 90-413 is terminated. The authority for issuance of this

Report and Order is contained in 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

Pursuant to 5 U.S.C. Section 603, an Initial Regulatory Flexibility

Analysis was incorporated in the Notice of Proposed Rule Making (NPRM)

in ET Docket No. 95-19, FCC 95-46, 60 FR 15116, March 22, 1995. Written

comments on the proposals in the NPRM, including the Regulatory

Flexibility Analysis, were requested.

[[Page 31045]]

The following Final Regulatory Analysis has been prepared:

1. Need and purpose of this action: This action determines the

standards, test procedures, and equipment authorization requirements

that will be applied to personal computers in order: (1) To reduce

regulatory burdens on computer manufacturers; (2) to remove impediments

to flexible system design and construction techniques for computers;

and, (3) to reduce the potential for interference to radio services by

improving our ability to ensure that personal computers comply with our

standards.

2. Summary of the issues raised by the public comments in response

to the Initial Regulatory Flexibility Analysis: No commenting parties

raised issues specifically in response to the initial regulatory

flexibility analysis.

3. Significant alternatives considered: None.

List of Subjects

47 CFR Part 0

Organization and functions (Government agencies).

47 CFR Part 2

Imports, Radio, Reporting and recordkeeping requirements.

47 CFR Part 15

Computer technology, Reporting and recordkeeping requirements.

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal Regulations, Parts 0, 2 and 15 are

amended as follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for Part 0 continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

2. Section 0.241 is amended by adding a new paragraph (g) to read

as follows:

Sec. 0.241 Authority delegated.

* * * * *

(g) The Chief of the Office of Engineering and Technology is

authorized to enter into agreements with the National Institute of

Standards and Technology and other accreditation bodies to perform

accreditation of test laboratories pursuant to Sec. 2.948(d) of this

chapter. In addition, the Chief is authorized to make determinations

regarding the continued acceptability of individual accrediting

organizations and accredited laboratories.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

1. The authority citation for Part 2 continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the Communications Act

of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307,

unless otherwise noted.

2. Section 2.805 is revised to read as follows:

Sec. 2.805 Equipment that does not require Commission approval.

In the case of a radio frequency device that, in accordance with

the rules in this chapter, does not have to have a grant of equipment

authorization issued by the Commission, e.g., a device subject to

verification or a Declaration of Conformity, but, nevertheless, must

comply with specified technical standards prior to use, 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 purposes of

selling or leasing or offering for sale or lease, any such radio

frequency device unless, prior thereto, such device complies with the

applicable administrative and technical provisions (including

verification or Declaration of Conformity of the equipment, where

required) specified in the Commission's rules.

3. Section 2.901 is revised to read as follows:

Sec. 2.901 Basis and purpose.

(a) In order to carry out its responsibilities under the

Communications Act and the various treaties and international

regulations, and in order to promote efficient use of the radio

spectrum, the Commission has developed technical standards for radio

frequency equipment and parts or components thereof. The technical

standards applicable to individual types of equipment are found in that

part of the rules governing the service wherein the equipment is to be

operated. In addition to the technical standards provided, the rules

governing the service may require that such equipment be verified by

the manufacturer or importer, be authorized under a Declaration of

Conformity, or receive an equipment authorization from the Commission

by one of the following procedures: type approval, type acceptance,

certification, registration or notification.

(b) The following sections describe the verification procedure, the

procedure for a Declaration of Conformity, and the procedures to be

followed in obtaining type approval, type acceptance, certification or

notification from the Commission and the conditions attendant to such a

grant.

4. A new Sec. 2.906 is added to read as follows:

Sec. 2.906 Declaration of Conformity.

(a) A Declaration of Conformity is a procedure where the

responsible party, as defined in Sec. 2.909, makes measurements or

takes other necessary steps to ensure that the equipment complies with

the appropriate technical standards. Submittal of a sample unit or

representative data to the Commission demonstrating compliance is not

required unless specifically requested pursuant to Sec. 2.1076.

(b) The Declaration of Conformity attaches to all items

subsequently marketed by the responsible party which are identical, as

defined in Sec. 2.908, to the sample tested and found acceptable by the

responsible party.

5. Section 2.909 is amended by revising the introductory text and

by adding a new paragraph (c) to read as follows:

Sec. 2.909 Responsible party.

The following parties are responsible for the compliance of radio

frequency equipment with the applicable standards:

* * * * *

(c) In the case of equipment subject to authorization under the

Declaration of Conformity procedure:

(1) The manufacturer or, if the equipment is assembled from

individual component parts and the resulting system is subject to

authorization under a Declaration of Conformity, the assembler.

(2) If the equipment, by itself, is subject to a Declaration of

Conformity and that equipment is imported, the importer.

6. Section 2.913 is revised to read as follows:

Sec. 2.913 Submittal of equipment authorization application or

information to the Commission.

(a) Unless otherwise directed, applications with fees attached for

the equipment authorization, pursuant to Sec. 1.1103 of this chapter,

must be submitted to the Federal Communications Commission, Equipment

Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the

applicant chooses to make use of an air courier/package delivery

service, the following address must appear on the outside of the

package/envelope:

[[Page 31046]]

Federal Communications Commission, c/o Mellon Bank, Three Mellon Bank

Center, 525 William Penn Way, 27th floor, Room 153-2713, Pittsburgh,

Pennsylvania 15259-0001, attention: Wholesale Lockbox Supervisor.

(b) Any information or equipment samples requested by the

Commission pursuant to the provisions of subpart J of this part shall,

unless otherwise directed, be submitted to the FCC, Equipment

Authorization Division, 7434 Oakland Mills Road, Columbia, Maryland

21046.

7. The centered heading preceding Sec. 2.927 is revised to read as

follows:

Conditions Attendant to an Equipment Authorization

8. Section 2.937 is revised to read as follows:

Sec. 2.937 Equipment defect and/or design change.

When a complaint is filed with the Commission concerning the

failure of equipment subject to this chapter to comply with pertinent

requirements of the Commission's rules, and the Commission determines

that the complaint is justified and arises out of an equipment fault

attributable to the responsible party, the Commission may require the

responsible party to investigate such complaint and report the results

of such investigation to the Commission. The report shall also indicate

what action if any has been taken or is proposed to be taken by the

responsible party to correct the defect, both in terms of future

production and with reference to articles in the possession of users,

sellers and distributors.

9. Section 2.945 is revised to read as follows:

Sec. 2.945 Sampling tests of equipment compliance.

The Commission will, from time to time, request the responsible

party to submit equipment subject to this chapter to determine the

extent to which subsequent production of such equipment continues to

comply with the data filed by the applicant (or on file with the

responsible party for equipment subject to notification or a

Declaration of Conformity). Shipping costs to the Commission's

laboratory and return shall be borne by the responsible party.

10. Section 2.946 is amended by revising paragraphs (a) and (b) 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, or any party

who markets equipment subject to the provisions of this chapter, shall

provide test sample(s) or data upon request by the Commission. Failure

to comply with such a request with the time frames shown below may be

cause for forfeiture, pursuant to Sec. 1.80 of this chapter, or other

administrative sanctions such as suspending action on any applications

for equipment authorization submitted by such party while the matter is

being resolved.

(1) When the equipment is subject to authorization under a

Declaration of Conformity, data shall be provided within 14 days of

delivery of the request and test sample(s) shall be provided within 60

days of delivery of the request.

(2) For all other devices, test sample(s) or data shall be provided

within 60 days of the request.

(b) In the case of equipment involving harmful interference or

safety of life or property, the Commission may specify that test

samples subject to the provisions of this section be submitted within

less than 60 days, but not less than 14 days. Failure to comply within

the specified time period will be subject to the sanctions specified in

paragraph (a) of this section.

* * * * *

11. Section 2.948 is amended by adding new paragraphs (a)(3) and

(d) to read as follows:

Sec. 2.948 Description of measurement facilities.

(a) * * *

(3) If the equipment is to be authorized under a Declaration of

Conformity, the description of the measurement facilities shall be

retained by the party performing the measurements.

* * * * *

(d) If the equipment is to be authorized under a Declaration of

Conformity, the party performing the measurements shall be accredited

for performing such measurements by an authorized accreditation body

based on the International Organization for Standardization/

International Electrotechnical Commission (ISO/IEC) Guide 25, ``General

Requirements for the Competence of Calibration and Testing

Laboratories.'' Accreditation bodies must be approved by the FCC's

Office of Engineering and Technology, as indicated in Sec. 0.241 of

this chapter, to perform such accreditation based on ISO/IEC 58,

``Calibration and Testing Laboratory Accreditation Systems--General

Requirements for Operation and Recognition.'' The frequency for

revalidation of the test site and the information required to be filed

or retained by the testing party shall comply with the requirements

established by the accrediting organization.

Note to paragraph (d): Parties that are located outside of the

United States or its possessions will be accredited only if there is

a mutual recognition agreement between that country and the United

States that permits similar accreditation of U.S. facilities to

perform testing for products marketed in that country.

12. A new centered heading is added following Section 2.1065, to

read as follows:

Declaration of Conformity

13. A new Sec. 2.1071 is added following the centered heading to

read as follows:

Declaration of Conformity

Sec. 2.1071 Cross reference.

The general provisions of this subpart, shall apply to equipment

subject to a Declaration of Conformity.

14. A new Sec. 2.1072 is added to read as follows:

Sec. 2.1072 Limitation on Declaration of Conformity.

(a) The Declaration of Conformity signifies that the responsible

party, as defined in Sec. 2.909, has determined that the equipment has

been shown to comply with the applicable technical standards if no

unauthorized change is made in the equipment and if the equipment is

properly maintained and operated. Compliance with these standards shall

not be construed to be a finding by the responsible party with respect

to matters not encompassed by the Commission's rules.

(b) A Declaration of Conformity by the responsible party is

effective until a termination date is otherwise established by the

Commission.

(c) No person shall, in any advertising matter, brochure, etc., use

or make reference to a Declaration of Conformity in a deceptive or

misleading manner or convey the impression that such a Declaration of

Conformity reflects more than a determination by the responsible party

that the device or product has been shown to be capable of complying

with the applicable technical standards of the Commission's rules.

15. A new Sec. 2.1073 is added to read as follows:

Sec. 2.1073 Responsibilities.

(a) The responsible party, as defined in Sec. 2.909, must warrant

that each unit of equipment marketed under a Declaration of Conformity

is identical to the unit tested and found acceptable with the standards

and that the records maintained by the responsible party

[[Page 31047]]

continue to reflect the equipment being produced under the Declaration

of Conformity within the variation that can be expected due to quantity

production and testing on a statistical basis.

(b) The responsible party, if different from the manufacturer, 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 determine compliance.

However, the test records required by Sec. 2.1075 shall be in the

English language and shall be made available to the Commission upon a

reasonable request in accordance with the provisions of Sec. 2.1076.

(c) In the case of transfer of control of the equipment, as in the

case of sale or merger of the responsible party, the new responsible

party shall bear the responsibility of continued compliance of the

equipment.

(d) Equipment shall be retested to demonstrate continued compliance

with the applicable technical standards if any modifications or changes

that could adversely affect the emanation characteristics of the

equipment are made by the responsible party. The responsible party

bears responsibility for the continued compliance of subsequently

produced equipment.

(e) If any modifications or changes are made by anyone other than

the responsible party for the Declaration of Conformity, the party

making the modifications or changes, if located within the U.S.,

becomes the new responsible party. The new responsible party must

comply with all provisions for the Declaration of Conformity, including

having test data on file demonstrating that the product continues to

comply with all of the applicable technical standards.

16. A new Sec. 2.1074 is added to read as follows:

Sec. 2.1074 Identification.

Devices subject only to a Declaration of Conformity shall be

uniquely identified by the responsible party. This identification shall

not be of a format which could be confused with the FCC Identifier

required on certified, notified, type accepted or type approved

equipment. The responsible party shall maintain adequate identification

records to facilitate positive identification for each device.

17. A new Sec. 2.1075 is added to read as follows:

Sec. 2.1075 Retention of records.

(a) Except as shown in paragraph (b) of this section, for each

product subject to a Declaration of Conformity, the responsible party,

as shown in Sec. 2.909, shall maintain the following records:

(1) A record of the original design drawings and specifications and

all changes that have been made that may affect compliance with the

requirements of Sec. 2.1073.

(2) A record of the procedures used for production inspection and

testing (if tests were performed) to insure the conformance required by

Sec. 2.1073. (Statistical production line emission testing is not

required.)

(3) A record of the measurements made on an appropriate test site

that demonstrates compliance with the applicable regulations. The

record shall contain:

(i) The actual date or dates testing was performed;

(ii) The name of the test laboratory, company, or individual

performing the testing. The Commission may request additional

information regarding the test site, the test equipment or the

qualifications of the company or individual performing the tests;

(iii) A description of how the device was actually tested,

identifying the measurement procedure and test equipment that was used;

(iv) A description of the equipment under test (EUT) and support

equipment connected to, or installed within, the EUT;

(v) The identification of the EUT and support equipment by trade

name and model number and, if appropriate, by FCC Identifier and serial

number;

(vi) The types and lengths of connecting cables used and how they

were arranged or moved during testing;

(vii) 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) A description of any modifications made to the EUT by the

testing company or individual to achieve compliance with the

regulations;

(ix) All of the data required to show compliance with the

appropriate regulations;

(x) 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; and

(xi) A copy of the compliance information, as described in

Sec. 2.1077, required to be provided with the equipment.

(b) If the equipment is assembled using modular components that, by

themselves, are subject to authorization under a Declaration of

Conformity and/or a grant of certification, and the assembled product

is also subject to authorization under a Declaration of Conformity but,

in accordance with the applicable regulations, does not require

additional testing, the assembler shall maintain the following records

in order to show the basis on which compliance with the standards was

determined:

(1) A listing of all of the components used in the assembly;

(2) Copies of the compliance information, as described in

Sec. 2.1077 for all of the modular components used in the assembly;

(3) A listing of the FCC Identifier numbers for all of the

components used in the assembly that are authorized under a grant of

certification;

(4) A listing of equipment modifications, if any, that were made

during assembly; and

(5) A copy of any instructions included with the components that

were required to be followed to ensure the assembly of a compliant

product, along with a statement, signed by the assembler, that these

instructions were followed during assembly. This statement shall also

contain the name and signature of an official of the responsible party,

as designated in Sec. 2.909.

(c) The records listed in paragraphs (a) and (b) of this section

shall be retained for two years after the manufacture or assembly, as

appropriate, of said equipment has been permanently discontinued, or

until the conclusion of an investigation or a proceeding if the

responsible party is officially notified that an investigation or any

other administrative proceeding involving the equipment has been

instituted. Requests for the records described in this section and for

sample units also are covered under the provisions of Sec. 2.946.

18. A new Sec. 2.1076 is added to read as follows:

Sec. 2.1076 FCC inspection and submission of equipment for testing.

(a) Each responsible party, upon receipt of a reasonable request,

shall submit to the Commission the records required by Sec. 2.1075 or

one or more sample units for measurements at the Commission's

laboratory.

(b) Shipping costs to the Commission's Laboratory and return shall

be borne by the responsible party. 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

[[Page 31048]]

requirement, or for any other reason, the responsible party may submit

a written explanation why such shipment is impractical and should not

be required.

19. A new Sec. 2.1077 is added to read as follows:

Sec. 2.1077 Compliance information.

(a) If a product must be tested and authorized under a Declaration

of Conformity, a compliance information statement shall be supplied

with the product at the time of marketing or importation, containing

the following information:

(1) Identification of the product, e.g., name and model number;

(2) A statement, similar to that contained in Sec. 15.19(a)(3) of

this chapter, that the product complies with part 15 of this chapters;

and

(3) The identification, by name, address and telephone number, of

the responsible party, as defined in Sec. 2.909. The responsible party

for a Declaration of Conformity must be located within the United

States.

(b) If a product is assembled from modular components that, by

themselves, are authorized under a Declaration of Conformity and/or a

grant of certification, and the assembled product is also subject to

authorization under a Declaration of Conformity but, in accordance with

the applicable regulations, does not require additional testing, the

product shall be supplied, at the time of marketing or importation,

with a compliance information statement containing the following

information:

(1) Identification of the modular components used in the assembly.

A modular component authorized under a Declaration of Conformity shall

be identified as specified in paragraph (a)(1) of this section. A

modular component authorized under a grant of certification shall be

identified by name and model number (if applicable) along with the FCC

Identifier number.

(2) A statement that the product complies with part 15 of this

chapter.

(3) The identification, by name, address and telephone number, of

the responsible party who assembled the product from modular

components, as defined in Sec. 2.909. The responsible party for a

Declaration of Conformity must be located within the United States.

(4) Copies of the compliance information statements for each

modular component used in the system that is authorized under a

Declaration of Conformity.

(c) The compliance information statement shall be included in the

user's manual or as a separate sheet.

PART 15--RADO FREQUENCY DEVICES

1. The authority citation for part 15 continues to read as follows:

Authority: Sec. 4, 302, 303, 304, and 307 of the Communications

Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and

307.

2. Section 15.3 is amended by revising paragraph (r) and adding a

new paragraph (bb) to read as follows:

Sec. 15.3 Definitions.

* * * * *

(r) Peripheral device. An input/output unit of a system that feeds

data into and/or receives data from the central processing unit of a

digital device. Peripherals to a digital device include any device that

is connected external to the digital device, any device internal to the

digital device that connects the digital device to an external device

by wire or cable, and any circuit board designed for interchangeable

mounting, internally or externally, that increases the operating or

processing speed of a digital device, e.g., ``turbo'' cards and

``enhancement'' boards. Examples of peripheral devices include

terminals, printers, external floppy disk drives and other data storage

devices, video monitors, keyboards, interface boards, external memory

expansion cards, and other input/output devices that may or may not

contain digital circuitry. This definition does not include CPU boards,

as defined in paragraph (bb) of this section, even though a CPU board

may connect to an external keyboard or other components.

* * * * *

(bb) CPU board. A circuit board that contains a microprocessor, or

frequency determining circuitry for the microprocessor, the primary

function of which is to execute user-provided programming, but not

including:

(1) A circuit board that contains only a microprocessor intended to

operate under the primary control or instruction of a microprocessor

external to such a circuit board; or

(2) A circuit board that is a dedicated controller for a storage or

input/output device.

3. Section 15.19 is amended by redesignating paragraph (b) as

paragraph (a)(4), by redesignating paragraph (c) as paragraph (a)(5),

by revising paragraphs (a)(4) and (a)(5), and by adding new paragraphs

(b) and (c) to read as follows:

Sec. 15.19 Labelling requirements.

(a) * * *

(4) Where a device is constructed in two or more sections connected

by wires and marketed together, the statement specified under paragraph

(a) of this section is required to be affixed only to the main control

unit.

(5) When the device is so small or for such use that it is not

practicable to place the statement specified under paragraph (a) of

this section on it, the information required by this paragraph shall be

placed in a prominent location in the instruction manual or pamphlet

supplied to the user or, alternatively, shall be placed on the

container in which the device is marketed. However, the FCC identifier

or the unique identifier, as appropriate, must be displayed on the

device.

(b) Products subject to authorization under a Declaration of

Conformity shall be labelled as follows:

(1) The label shall be located in a conspicuous location on the

device and shall contain the unique identification described in Section

2.1074 of this chapter and the following logo:

(i) If the product is authorized based on testing of the product or

system; or

[[Page 31049]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.008

(ii) If the product is authorized based on assembly using

separately authorized components and the resulting product is not

separately tested.

[GRAPHIC] [TIFF OMITTED] TR19JN96.009

(2) When the device is so small or for such use that it is not

practicable to place the statement specified under paragraph (b)(1) of

this section on it, such as for a CPU board or a plug-in circuit board

peripheral device, the text associated with the logo may be placed in a

prominent location in the instruction manual or pamphlet supplied to

the user. However, the unique identification (trade name and model

number) and the logo must be displayed on the device.

(3) The label shall not be a stick-on, paper label. The label on

these products shall be permanently affixed to the product and shall be

readily visible to the purchaser at the time of purchase, as described

in Sec. 2.925(d) of this chapter. ``Permanently affixed'' means that

the label is etched, engraved, stamped, silkscreened, indelibly

printed, or otherwise permanently marked on a permanently attached part

of the equipment or on a nameplate of metal, plastic, or other material

fastened to the equipment by welding, riveting, or a permanent

adhesive. The label must be designed to last the expected lifetime of

the equipment in the environment in which the equipment may be operated

and must not be readily detachable.

(c) [Reserved]

* * * * *

4. A new Sec. 15.32 is added to read as follows:

Sec. 15.32 Test procedures for CPU boards and computer power supplies.

Power supplies and CPU boards used with personal computers and for

which separate authorizations are required to be obtained shall be

tested as follows:

(a) CPU boards shall be tested as follows:

(1) Testing for radiated emissions shall be performed with the CPU

board installed in a typical enclosure but with the enclosure's cover

removed so that the internal circuitry is exposed at the top and on at

least two sides. Additional components, including a power supply,

peripheral devices, and subassemblies, shall be added, as needed, to

result in a complete personal computer system. If the oscillator and

the microprocessor circuits are contained on separate circuit boards,

both boards, typical of the combination that would normally be

employed, must be used in the test. Testing shall be in accordance with

the procedures specified in Sec. 15.31 of this part. Under these test

conditions, the system under test shall not exceed the radiated

emission limits specified in Sec. 15.109 by more than 3 dB;

(2) Unless the test in paragraph (a)(1) of this section

demonstrates compliance with the limits in Sec. 15.109, a second test

shall be performed using the same configuration described in paragraph

(a)(1) but with the cover installed on the enclosure. Testing shall be

in accordance with the procedures specified in Sec. 15.31. Under these

test conditions, the system under test shall not exceed the radiated

emission limits specified in Sec. 15.10; and

(3) The test demonstrating compliance with the AC power line

conducted limits specified in Sec. 15.107 shall be performed in

accordance with the procedures specified in Sec. 15.31 using a

enclosure, peripherals, power supply and subassemblies that are typical

of the type with which the CPU board under test would normally be

employed.

(b) The power supply shall be tested installed in an enclosure that

is typical of the type within which it would normally be installed.

Additional components, including peripheral devices, a CPU board, and

subassemblies, shall be added, as needed, to result in a complete

personal computer system. Testing shall be in accordance with the

procedures specified in Sec. 15.31 and must demonstrate compliance with

all of the standards contained in this part.

5. Section 15.37 is amended by adding a new paragraph (g) to read

as follows:

Sec. 15.37 Transition provisions for compliance with the rules.

* * * * *

(g) For CPU boards and power supplies designed to be used with

personal computers: The manufacture and importation of these products

shall cease on or before June 19, 1997 unless these products have been

authorized

[[Page 31050]]

under a Declaration of Conformity or a grant of certification,

demonstrating compliance with all of the provisions in this part.

Limited provisions, as detailed in Sec. 15.101(d), are provided to

permit the importation and manufacture of these products subsequent to

this date where the CPU boards and/or power supplies are marketed only

to personal computer equipment manufacturers.

6. Section 15.101 is amended by revising the table in paragraph (a)

and revising paragraphs (c), (d), (e), and (f) to read as follows:

Sec. 15.101 Equipment authorization of unintentional radiators.

(a) * * *

------------------------------------------------------------------------

Equipment authorization

Type of device required

------------------------------------------------------------------------

TV broadcast receiver..................... Verification.

FM broadcast receiver..................... Verification.

CB receiver............................... Certification.

Superregenerative receiver................ Certification.

Scanning receiver......................... Certification.

All other receivers subject to Part 15.... Notification.

TV interface device....................... Certification.

Cable system terminal device.............. Notification.

Stand-alone cable input selector switch... Verification.

Class B personal computers and peripherals Declaration of Conformity or

Certification.

CPU boards and power supplies used with Declaration of Conformity or

Class B personal computers. Certification.

Class B personal computers assembled using Declaration of Conformity.

authorized CPU boards or power supplies.

Class B external switching power supplies Verification.

not used with personal computers.

Other Class B digital devices & Verification.

peripherals.

Class A digital devices, peripherals & Verification.

external switching power supplies.

All other devices......................... Verification.

------------------------------------------------------------------------

* * * * *

(c) Personal computers shall be authorized in accordance with one

of the following methods:

(1) The specific combination of CPU board, power supply and

enclosure is tested together and authorized under a Declaration of

Conformity or a grant of certification;

(2) The personal computer is authorized under a Declaration of

Conformity or a grant of certification, and the CPU board or power

supply in that computer is replaced with a CPU board or power supply

that has been separately authorized under a Declaration of Conformity

or a grant of certification; or

(3) The CPU board and power supply used in the assembly of a

personal computer have been separately authorized under a Declaration

of Conformity or a grant of certification; and

(4) Personal computers assembled using either of the methods

specified in paragraphs (c)(2) or (c)(3) of this section must, by

themselves, also be authorized under a Declaration of Conformity if

they are marketed. However, additional testing is not required for this

Declaration of Conformity, provided the procedures in Sec. 15.102(b)

are followed.

(d) Peripheral devices, as defined in Sec. 15.3(r), shall be

authorized under a Declaration of Conformity, or a grant of

certification, or verified, as appropriate, prior to marketing.

Regardless of the provisions of paragraphs (a) or (c) of this section,

if a CPU board, power supply, or peripheral device will always be

marketed with a specific personal computer, it is not necessary to

obtain a separate authorization for that product provided the specific

combination of personal computer, peripheral device, CPU board and

power supply has been authorized under a Declaration of Conformity or a

grant of certification as a personal computer.

(1) No authorization is required for a peripheral device or a

subassembly that is sold to an equipment manufacturer for further

fabrication; that manufacturer is responsible for obtaining the

necessary authorization prior to further marketing to a vendor or to a

user.

(2) Power supplies and CPU boards that have not been separately

authorized and are designed for use with personal computers may be

imported and marketed only to a personal computer equipment

manufacturer that has indicated, in writing, to the seller or importer

that they will obtain a Declaration of Conformity or a grant of

certification for the personal computer employing these components.

(e) Subassemblies to digital devices are not subject to the

technical standards in this part unless they are marketed as part of a

system in which case the resulting system must comply with the

applicable regulations. Subassemblies include:

(1) Devices that are enclosed solely within the enclosure housing

the digital device, except for: power supplies used in personal

computers; devices included under the definition of a peripheral device

in Sec. 15.3(r); and personal computer CPU boards, as defined in

Sec. 15.3(bb);

(2) CPU boards, as defined in Sec. 15.3(bb), other than those used

in personal computers, that are marketed without an enclosure or power

supply; and

(3) Switching power supplies that are separately marketed and are

solely for use internal to a device other than a personal computer.

(f) The procedures for obtaining a grant of certification or

notification and for verification and a Declaration of Conformity are

contained in subpart J of part 2 of this chapter.

7. A new Sec. 15.102 is added to read as follows:

Sec. 15.102 CPU boards and power supplies used in personal computers.

(a) Authorized CPU boards and power supplies that are sold as

separate components shall be supplied with complete installation

instructions. These instructions shall specify all of the installation

procedures that must be followed to ensure compliance with the

standards, including, if necessary, the type of enclosure, e.g., a

metal enclosure, proper grounding techniques, the use of shielded

cables, the addition of any needed components, and any necessary

modifications to additional components.

(1) Any additional parts needed to ensure compliance with the

standards, except for the enclosure, are considered to be special

accessories and, in accordance with Sec. 15.27, must be marketed with

the CPU board or power supply.

(2) Any modifications that must be made to a personal computer,

peripheral device, CPU board or power supply during installation of a

CPU board or power supply must be simple enough that they can be

performed by the average consumer. Parts requiring soldering,

disassembly of circuitry or other similar modifications are not

permitted.

(b) Assemblers of personal computer systems employing modular CPU

boards and/or power supplies are not required to test the resulting

system provided the following conditions are met:

(1) Each device used in the system has been authorized as required

under this part (according to Sec. 15.101(e), some subassemblies used

in a personal computer system may not require an authorization);

[[Page 31051]]

(2) The original label and identification on each piece of

equipment remain unchanged;

(3) Each responsible party's instructions to ensure compliance

(including, if necessary, the use of shielded cables or other

accessories or modifications) are followed when the system is

assembled;

(4) If the system is marketed, the resulting equipment combination

is authorized under a Declaration of Conformity pursuant to

Sec. 15.101(c)(4) and a compliance information statement, as described

in Sec. 2.1077(b), is supplied with the system. Marketed systems shall

also comply with the labelling requirements in Sec. 15.19 and must be

supplied with the information required under Secs. 15.21, 15.27 and

15.105; and

(5) The assembler of a personal computer system may be required to

test the system and/or make necessary modifications if a system is

found to cause harmful interference or to be noncompliant with the

appropriate standards in the configuration in which it is marketed (see

Secs. 2.909, 15.1, 15.27(d) and 15.101(e)).

[FR Doc. 96-14319 Filed 6-18-96; 8:45 am]

BILLING CODE 6712-01-P