[Federal Register: June 21, 1994] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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