[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Rules and Regulations]
[Page 49376-49380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-20]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 04-37 and ET Docket No. 03-104; FCC 06-113]
Broadband Over Power Line Systems
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document responds to the petitions for reconsideration of
the Commission's rules for Access Broadband over Power Line (Access
BPL) devices adopted in the Report and Order in this proceeding. The
Commission is affirming the technical rules for BPL, and denying
petitions for reconsideration that request delay, further study, or the
exclusion of particular additional frequencies. The Commission is
amending the rules to change the exclusion zone requirement for the ten
listed radio astronomy facilities to a consultation requirement, and to
add a new exclusion zone for one Very Large Array (VLA) radio astronomy
observatory site at 73.0-74.6 MHz. In addition, it is also amending the
rules to add prospective protection for relocated aeronautical
facilities and to correct the coordinates and email contact for the
aeronautical facilities subject to BPL consultation. The Commission
affirms the deadline for requiring certification for any equipment
manufactured, imported or installed on BPL systems, with the proviso
that uncertified equipment already in inventory can be used for
replacing defective units or to supplement equipment on existing
systems for one year within areas already in operation. The Commission
believes these changes will further the development and growth of BPL
devices. It is denying the petitions for reconsideration in all other
respects.
DATES: Effective September 22, 2006.
FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and
Technology, (202) 418-0577, e-mail: Anh.Wride@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 04-37, and ET Docket No.
03-104, adopted August 3, 2006 and released August 7, 2006. The full
text of this document is available on the Commission's Internet site at
http://www.fcc.gov. It is also available for inspection and copying during
regular business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC 20554. The full text of this document
also may be purchased from the Commission's duplication contractor,
Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY-
B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-
5563; e-mail FCC@BCPIWEB.COM.
Summary of the Memorandum Opinion and Order
1. In the Memorandum Opinion and Order, the Commission further
amends part 15 of its rules regarding the unlicensed operation of
Access broadband over power line (BPL) systems. Specifically, the rules
are amended to change the exclusion zone requirement for the ten listed
radio astronomy facilities to a consultation requirement, and to add a
new exclusion zone for one Very Large Array (VLA) radio astronomy
observatory site at 73.0-74.6 MHz. In addition, the Commission amends
the rules to add prospective protection for relocated aeronautical
facilities and to correct the coordinates and email contact for the
aeronautical facilities subject to BPL consultation. The Commission
affirms the July 7, 2006 deadline for requiring certification for any
equipment manufactured, imported or installed on BPL systems, with the
proviso that uncertified equipment already in inventory can be used for
replacing defective units or to supplement equipment on existing
systems for one year within areas already in operation. The Commission
believes these changes will further the development and growth of BPL
devices. The Commission denies the petitions for reconsideration in all
other respects.
A. Notification to the Access BPL Database
2. In the Report and Order, 70 FR 1360, January 7, 2005, in this
proceeding, the Commission adopted a requirement that the Access BPL
industry establish a publicly accessible database for system
information. Under this requirement, entities operating Access BPL
systems must provide to the BPL industry designated database manager
certain information on BPL installations 30 days prior to the
initiation of any operation or service. The BPL industry requested
elimination of this 30-day advance notification.
3. The Commission denied this request. It stated that the purpose
of the database notification requirement is to ensure that licensed
users of the spectrum have a publicly accessible and centralized source
of information on BPL operations to determine whether there may be
Access BPL operations on particular frequencies within their local area
so that any incident of harmful interference can be resolved should it
occur. The Commission noted that the BPL public database serves a
unique function to identify the location and operating characteristics
of BPL systems to entities other than those entitled to advance
notification. The Commission however provided several clarifications
regarding the notification process.
B. Transition Period
4. The rules adopted in the Report and Order require that all
Access BPL devices that are manufactured, imported, marketed or
installed 18 months or later after the Federal Register publication of
the Report and Order, i.e., after July 7, 2006, must comply with the
newly adopted requirements of Subpart G of part 15 for BPL devices,
including certification of the equipment. The BPL industry
[[Page 49377]]
requested an extension for another 18-month period.
5. The Commission denied this request. It noted that an important
element of interference avoidance and mitigation is the next generation
of BPL equipment and its adherence to the rules adopted in the Report
and Order. However, because BPL equipment manufacturers are only now
submitting equipment for certification under the new rules, the Order
permits for a period of 1 year the installation of existing equipment
that otherwise meets the part 15 rules to replace defective units or to
supplement equipment on existing systems within the areas where BPL
systems are already in operation.
C. BPL Technical Parameters
6. Extrapolation factor. In the Report and Order, the Commission
specified measurement guidelines that require BPL systems to be tested
in situ at three typical installations with overhead lines. Because it
may not be possible or practicable to measure at the proposed fixed
distances of 10 and 3 meters, distance extrapolation would be necessary
for in situ testing and the Report and Order requires the use of the
existing part 15 distance extrapolation factors, i.e., 40 dB/decade for
frequencies below 30 MHz and 20 dB/decade for frequencies above 30 MHz.
ARRL requested that the rules be changed to use 20 dB/decade at all
frequencies for testing BPL systems.
7. The Commission denied ARRL's petition. It stated that ARRL did
not submit a convincing argument for modifying this requirement, and
therefore it retains the existing extrapolation factors in part 15.
8. Required Notch Depth. In the Report and Order, the Commission
required that Access BPL systems have the capability to remotely reduce
power and adjust operating frequencies to avoid site-specific, local
use of the same spectrum used by licensed services. Notch filters are
required to be capable of attenuating emissions to a level at least 20
dB below the applicable part 15 limits in the case of frequencies below
30 MHz and to a level at least 10 dB below the applicable part 15
limits in the case of frequencies above 30 MHz. ARRL requested
technical analysis supporting the 20 dB notch depth in the rules.
9. The Commission reiterated that Access BPL operator is required
to ensure that its operations do not cause harmful interference to
licensed operators and that, if a 20 dB notch is not sufficient to
eliminate such interference in specific cases, the operator must take
further actions to eliminate that interference to fixed licensed
operations. The Commission also explained in detail its decision for
the selection of the 20 dB standard in response to ARRL's petition for
reconsideration.
10. The Commission therefore clarified that, except for mobile
operations, Access BPL operators are responsible for resolving harmful
interference that may occur even where their systems employ a 20/10 dB
notch. Where an Access BPL operator implements such notching, the
Commission will not provide any further protection to mobile
operations, nor will it require the operator to resolve complaints of
harmful interference to mobile operations over and above the ``notch.''
11. Protection of the amateur radio service. On October 18, 2005,
the ARRL filed a Petition for Issuance of Further Notice of Proposed
Rule Making (FNPRM), in which it requested consideration of the same
substantive points it submitted in its previous pleadings in this
proceeding, e.g., avoid use of amateur radio frequencies by Access BPL
systems, avoid use of the HF frequencies by Access BPL systems on
overhead medium voltage lines, and require use of a 20 dB extrapolation
factor in place of the existing 40 dB extrapolation factor. Although
styled as a Petition for Further Notice of Proposed Rule Making,''
ARRL's pleading effectively constitutes a petition for reconsideration,
as it seeks the same results previously sought by ARRL in this
proceeding. The Commission therefore treated the Petition for FNPRM as
a petition for reconsideration.
12. The Commission denied ARRL's Petition, and noted that the rules
adopted in the Report and Order, as modified by this Memorandum Opinion
and Order, adequately address interference concerns and measurement
procedures raised by Access BPL. The Commission noted that one
``solution'' proposed by ARRL in its Petition for FNPRM--the use of
wireless links for connection to the home--is not Access BPL, and thus,
while a permissible service, is not pertinent to this proceeding. The
other proposed ``solution''--complete avoidance of all HF frequencies--
would needlessly restrict BPL system design and reduce system capacity,
without regard to whether there are amateurs that need protection from
a particular BPL installation. The Commission concluded that this would
result in a grossly inefficient utilization of Access BPL capacity,
reducing the potential benefits of BPL and increasing its cost to the
public, without a corresponding benefit or need.
D. Further Study of Access BPL Characteristics and Other Technical
Requests
13. A number of parties requested that all BPL deployments be
prohibited pending the adoption of a definition for harmful
interference and the completion of all ongoing studies of BPL and the
initiation of further studies of BPL interference characteristics. They
also requested more stringent technical restrictions on BPL operations.
14. The Commission denied all these requests. It stated that it has
taken a pro-active approach with regard to protection of licensed radio
services in the Report and Order by placing additional technical and
operational restrictions on BPL systems; and that the rules regarding
emission levels and signal notching adopted in the Report and Order are
adequate to fully protect fixed amateur operations and to protect the
reasonable expectations and needs of mobile amateur operations. The
Commission also noted that staying the rules as the ARRL requests could
leave licensed radio services with less protection than is provided
under the rules adopted in the BPL Report and Order. It also provided a
detailed explanation for the basis of its decision making, and the
Commission's statutory responsibilities under the Communications Act.
15. The Commission also disagreed with ARRL's assertion that
allegations of interference at some experimental BPL sites demonstrate
that the adopted mitigation rules are ineffective. It stated that the
BPL rules adopted in the Report and Order must be given time to be
implemented. It stated that Access BPL equipment currently deployed is
typically not designed to fully incorporate the interference mitigation
capabilities set forth in the rules that have been put in place.
Therefore, until Access BPL operators implement all of the required
mitigation techniques, the Commission finds that it is premature to
conclude that these rules are ineffective.
E. Other Requests
16. Federal Government radio astronomy facility. The part 15 rules
require Access BPL systems to avoid operating on the 73.0-74.6 MHz band
used by the ten Very Long Baseline Array facilities of radio astronomy
observatories within specific distances. The National
Telecommunications and Information Administration (NTIA) requests
changes in the exclusion zone requirements for certain radio astronomy
facilities, including adding a
[[Page 49378]]
new exclusion zone for one Very Large Array (VLA) astronomy observatory
site. It also requests a modification in the consultation requirements
of the BPL rules to continue to protect the sites no longer covered by
the exclusion zones. The Commission granted NTIA's request.
17. Aeronautical service. In order to protect aeronautical
operations, Access BPL systems operating on medium voltage lines are
required to avoid operating in the frequency bands reserved for
Aeronautical (R) frequencies and in the 74.8-75.2 MHz band.
Aeronautical Radio, Inc. (ARINC) representing the Aeronautical Service
requested that both In-House and Access BPL systems operating over low-
voltage lines be required to avoid using certain aeronautical
frequencies. The Commission denied this request. It stated that it has
already fully considered and disposed of this concern in the BPL Report
and Order, and ARINC has provided no new argument or factual data to
warrant reconsideration of this issue. It also noted that no
interference complaints from aeronautical users traceable to In-House
or low voltage BPL have been received or reported. The Commission
however granted ARINC's request that the rules be clarified to state
that continued protection will be provided for aeronautical facilities
that are relocated.
18. Broadcast television service. The part 15 rules allow Access
BPL systems to operate between 1.7 and 80 MHz, over medium or low
voltage lines. Television channels 2 to 5 are located within the bands
from 54 MHz to 82 MHz. The Association for Maximum Service Television,
Inc. (MSTV) representing the Broadcast Television service requested
that BPL operations be confined to below 50 MHz to avoid disruptions TV
service, and to Digital Television transition in particular. The
Commission denied this request. It noted that MSTV has presented no
compelling technical argument to justify this request. It pointed out
that all known Access BPL equipment currently operates below 50 MHz,
and it stated that if BPL equipment that operates on TV band
frequencies were developed in the future to increase capacity, a system
using such equipment could avoid any potential for interfering with TV
service by operating on channels that are not used by TV stations in
the system's service area.
19. Critical infrastructure industry (CII). The rules require
Access BPL operators to notify and consult with the public safety
agencies in their local areas at least 30 days in advance of initiation
of service and to respond to complaints of harmful interference from
public safety users within 24 hours. The rules do not, however, make
any such provision for protection of CII entities. The American
Petroleum Institute (API) requested that oil and natural gas companies
be considered as Critical Infrastructure Industries, as identified in
the 800 MHz Order, in order to place them on par with public safety
entities. The Commission denied API's request. It stated that its 800
MHz Order is not directly pertinent to the considerations in the BPL
proceeding, and in any event, did not give absolute public safety
status to Critical Infrastructure Industries.
20. Miscellaneous requests for additional operational restrictions
on BPL. A number of parties request placing additional operational and
administrative restrictions on BPL operations. The Commission denied
all of these requests.
Final Regulatory Flexibility Analysis
21. The Regulatory Flexibility Act of 1980, as amended (RFA),\1\
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \2\ The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ A ``small
business concern'' is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).\5\
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\1\ The RFA, see 5 U.S.C 601-612, has been amended by the
Contract With America Advancement Act of 1996, Public Law 104-121,
110 Stat. 847 (1966) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\2\ 5 U.S.C. 605(b).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\5\ 15 U.S.C. 632.
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22. The Report and Order modified the part 15 rules to allow for
Access Broadband over Power Line (Access BPL) systems, a new type of
carrier current system that operates on an unlicensed basis under part
15. A Final Regulatory Flexibility Analysis was incorporated in the
Report and Order.\6\ Following publication of the Report and Order,
fifteen parties filed for reconsideration regarding various aspects of
the part 15 BPL regulations. A list of the petitioners, along with the
abbreviations used to identify them and the parties that filed comments
in response to the petitions, is attached as Appendix A to the
Memorandum Opinion and Order. In the Memorandum Opinion and Order, the
Commission amends the rules to replace the exclusion zone requirement
for the ten listed radio astronomy facilities with an exclusion zone
for one Very Large Array (VLA) radio astronomy observatory site at
73.0-74.6 MHz, which would significantly reduce potential deployment
constraints on Access BPL installations. In addition, we are amending
the rules to add prospective protection for relocated aeronautical
facilities, which merely continues to provide protection to these
stations. Finally, we correct the coordinates and e-mail contacts for
the aeronautical facilities subject to BPL consultation.
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\6\ See Report and Order in ET Docket No. 04-37, 19 FCC Rcd
21265, 21322 (2004), 70 FR 1360, January 7, 2005.
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23. The Commission found that these changes will not result in a
``significant economic burden'' on manufacturers. Therefore, the
Commission certified that the amendments included in this Memorandum
Opinion and Order will not have a significant economic impact on a
substantial number of small entities.
24. The Commission will send a copy of the Memorandum Opinion and
Order, including a copy of this final certification, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996.\7\ In addition, the Memorandum Opinion and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration.
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\7\ See 5 U.S.C. 801(a)(1)(A).
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Ordering Clauses
25. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), this Memorandum Opinion and Order is adopted and part 15 of the
[[Page 49379]]
Commission's rules are amended as set forth in the attached rules
change effective September 22, 2006.
26. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), the request for partial reconsideration filed by the National
Telecommunications and Information Administration on February 14, 2005
is granted to the extent indicated.
27. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), the motion for partial reconsideration filed by Current
Technologies, LLC, Amperion, Inc., the United Power Line Council, and
Aeronautical Radio, Inc. on February 7, 2005 is granted in part and
denied in part to the extent indicated.
28. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r), the
motion for reconsideration filed by the American Petroleum Institute,
the Amateur Radio Relay League, the Association for Maximum Services
Television, Inc., and Cohen, Dippell and Everist, P.C. filed on
February 7, 2005, W. Lee McVey filed on January 18, 2005, the National
Antenna Consortium and the Amherst Alliance filed on January 18, 2005,
Steven E. Matda filed on January 19, 2005, G. Scott Davis filed on
January 21, 2005, Cortland E. Richmond filed on December 14, 2004, and
James Edwin Whedbee filed on October 18, 2004, is denied to the extent
indicated.
29. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Memorandum
Opinion and Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 15 to read as follows:
PART 15--RADIO FREQUENCY DEVICES
0
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
0
2. Section 15.611 is amended by adding paragraph (c)(1)(iii) to read as
follows:
Sec. 15.611 General technical requirements.
* * * * *
(c) * * *
(1) * * *
(iii) At locations where an Access BPL operator attenuates radiated
emissions from its operations in accordance with the above required
capabilities, we will not require that operator to take further actions
to resolve complaints of harmful interference to mobile operations.
* * * * *
0
3. Section 15.615 is amended by removing paragraph (f)(2)(iii) and by
revising the introductory text of paragraphs (f)(2), (f)(3), and
paragraph (f)(3)(ii) and by adding the point of contact for National
Science Foundation, immediately following paragraph (f)(3)(ii) and by
revising the point of contact text for ARINC located before Table 3b
and by revising Table 3b to read as follows:
Sec. 15.615 General administrative requirements.
* * * * *
(f) * * *
(2) Exclusion zones. Exclusion zones encompass the operation of any
Access BPL system within 1km of the boundary of coast station
facilities at the coordinates listed in Tables 2 and 2.1. Exclusion
zones also encompass the operation of Access BPL systems using overhead
medium voltage power lines within 65 km of the Very Large Array
observatory located at the coordinate 34[deg]04'43.50''; N,
107[deg]37'03.82'' W. Exclusion zones further encompass the operation
of Access BPL systems using overhead low voltage power lines or
underground power lines within 47 km of the Very Large Array
observatory located at the coordinate 34[deg]04'43.50''; N, 107[deg]37'
03.82'' W. Within the exclusion zones for coast stations, Access BPL
systems shall not use carrier frequencies within the band of 2173.5-
2190.5 kHz. Within the exclusion zone for the Very Large Array radio
astronomy observatory, Access BPL systems shall not use carrier
frequencies within the 73.0-74.6 MHz band.
* * * * *
(3) Consultation areas. Access BPL operators shall provide
notification to the appropriate point of contact specified regarding
Access BPL operations at any frequencies of potential concern in the
following consultation areas, at least 30 days prior to initiation of
any operation or service. The notification shall include, at a minimum,
the information in paragraph (a) of this section. We expect parties to
consult in good faith to ensure that no harmful interference is caused
to licensed operations and that any constraints on BPL deployments are
minimized to those necessary to avoid harmful interference. In the
unlikely event that a new or relocated aeronautical receive station is
established for the 1.7-30 MHz band at a coordinate not specified in
Table 3b, Access BPL operators are also required to coordinate with the
appropriate point of contact regarding Access BPL operations at any
frequencies of potential concern in the new or relocated consultation
areas, and to adjust their system operating parameters to protect the
new or relocated aeronautical receive station.
* * * * *
(f) * * *
(3) * * *
(ii) For frequencies in the 1.7-80.0 MHz frequency range, the areas
within 4 km of facilities located at the coordinates specified for
radio astronomy facilities in 47 CFR 2.106, Note U.S. 311.
Point of contact: Electromagnetic Spectrum Manager, National
Science Foundation, Division of Astronomical Sciences, 4201 Wilson
Blvd., Suite 1045, Arlington, VA 22230, (703) 292-4896, esm@nsf.gov.
* * * * *
Table 3b.--Consultation Area Coordinates for Aeronautical Receive Stations (1.7-30 MHz)
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Locale Latitude Longitude
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Southampton, NY....................... 40[deg]55'15'' N 72[deg]23'41'' W
Molokai, HI........................... 21[deg]12'23'' N 157[deg]12'30'' W
Oahu, HI.............................. 21[deg]22'27'' N 158[deg]05'56'' W
[[Page 49380]]
Half Moon Bay, CA..................... 37[deg]39'64'' N 122[deg]24'44'' W
Pt. Reyes, CA......................... 38[deg]06'00'' N 122[deg]56'00'' W
Barrow, AK............................ 71[deg]17'24'' N 156[deg]40'12''; W
Guam.................................. 13[deg]28'12'' N 144[deg]48'0.0'' E (note: Eastern
Hemisphere)
NY Comm Center, NY.................... 40[deg]46'48'' N 73[deg]05'46'' W
Cedar Rapids, IA...................... 42[deg]02'05.0'' N 91[deg]38'37.6'' W
Beaumont, CA.......................... 33[deg]54'27.1'' N 116[deg]59'49.1'' W
Fairfield, TX......................... 31[deg]47'02.6'' N 96[deg]47'03.0'' W
Houston, TX........................... 29[deg]36'35.8'' N 95[deg]16'54.8'' W
Miami, FL............................. 25[deg]49'05'' N 80[deg]18'28'' W
----------------------------------------------------------------------------------------------------------------
Note: Systems of coordinates conform to NAD 83.
Point of contact: ARINC, 2551 Riva Road, Annapolis, MD 21401, Tel:
1-800-633-6882, Fax: 410-266-2329, e-mail: bplnotifications@arinc.com,
http://www.arinc.com.
* * * * *
[FR Doc. E6-13967 Filed 8-22-06; 8:45 am]
BILLING CODE 6712-01-P