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OET Grants Waiver Filed by Autoliv ASP, Inc. and Caterpillar, Inc

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Released: December 30, 2013
Federal Communications Commission
Washington, D.C. 20554
December 30, 2013

DA 13-2479

Ms. Marianne Roach Casserly
Alston & Bird, LLP
950 F St., NW
Washington, DC 20004
RE: ET Docket No. 13-280
Dear Ms.Casserly:
The Office of Engineering and Technology (OET) hereby grants the Petition for Waiver
filed by Autoliv ASP, Inc. and Caterpillar, Inc. seeking temporary waiver of the emissions limits
in Section 15.515(c) of the Commission’s rules. This waiver will permit Autoliv to continue to
manufacture and market to Caterpillar until December 31, 2014 and for Caterpillar to import
until that same date Autoliv’s C4 vehicular radars. These radars comply with the existing
emissions limits of Section 15.515(c), but will not comply with the limits due to phase in on
January 1, 2014 under that same rule.
Autoliv makes a variety of radar detection devices for vehicles, including other radar
models (Dually Compliant Vehicular Radars) that are compliant with the emissions limits that
will go into effect on January 1, 2014. You state that in anticipation of the impending emissions
limit change, Autoliv has successfully transitioned more than 99% of its radar sales to the Dually
Compliant units and has been working diligently since mid-2011 to adapt these devices for
Caterpillar’s use. However, radar systems for large industrial vehicles must be specifically
designed for each vehicle type with its specific characteristics taken into consideration. In the
case of Caterpillar’s Large Mining Trucks and Large Wheel Leaders, you discovered during the
end of your validation testing that additional modifications to the radar networks using the
Dually Compliant radars will be required to retain appropriate levels of detection and field of
view for the safe operation of these vehicles. You anticipate that redesign and validation of radar
systems for the subject Caterpillar vehicles using Dually Compliant radars will take through
2014 to complete.
You explain that the Caterpillar vehicles cannot be operated safely without effective radar
systems, due to their size and shape and their operating environment (often in mines and in
narrow passageways). Accordingly, Caterpillar needs the requested temporary waiver in order to
continue to equip the subject vehicles with the C4 radar systems through 2014, after which
systems using compliant radars will be available from Autoliv.
We are authorized to grant a waiver under Section 1.3 of the Commission's Rules if the
petitioner demonstrates good cause for such action. (47 C.F.R. § 1.3. See also ICO Global

Communications (Holdings) Limited v. FCC, 428 F.3d 264 (D.C. Cir. 2005); Northeast Cellular
Telephone Co. v. FCC
, 897 F.2d 1164 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153
(D.C. Cir. 1969).) Good cause, in turn, may be found and a waiver granted “where particular
facts would make strict compliance inconsistent with the public interest.” (Northeast Cellular,
supra at 1166; see also ICO Global Communications, supra at 269 (quoting Northeast Cellular);
WAIT Radio, supra at 1157-59.) To make this public interest determination, the waiver cannot
undermine the purposes of the rule, and there must be a stronger public interest benefit in
granting the waiver than in applying the rule. ( See, e.g., WAIT Radio, supra at 1157 (stating that
even though the overall objectives of a general rule have been adjudged to be in the public
interest, it is possible that application of the rule to a specific case may not serve the public
interest if an applicant's proposal does not undermine the public interest policy served by the
rule); Northeast Cellular, supra at 1166 (stating that in granting a waiver, an agency must
explain why deviation from the general rule better serves the public interest than would strict
adherence to the rule).)
Based on the information provided in your request, grant of a temporary waiver is
appropriate. The purpose of the rule at issue is not likely to be undermined by grant of the
waiver. The emission limits in the subject rule have evolved over time, with one standard
applicable to equipment manufactured after January 1, 2005, another standard applicable to
equipment manufactured after January 1, 2010, and yet another standard applicable to equipment
manufactured after January 1, 2014. The Commission’s principal concern in adopting this rule
and set of phased-in limits was the cumulative interference to passive sensing systems operating
in the 23.6 to 24.0 GHz band on low earth orbiting satellites, including meteorological satellites,
caused by “potentially tens of thousands of transportation vehicles employing these radar
devices. (In re Revision of Part 15 of Commission's Rules Regarding Ultra-Wideband
Transmission Systems,
First Report & Order, ET Docket No. 98-153, 17 FCC Rcd. 7435, 7502
(2002).) Multiple factors, most notably the low density of vehicles, combine to clearly indicate
that the impact of this waiver on the potentially affected satellites is likely to be negligible. This
waiver will apply only for systems to equip the 900 vehicles anticipated to be manufactured
during this one-year period, many of which, we note, will be sold to operators in other countries.
We further note that these vehicles sometimes operate in mines, which would significantly
attenuate the emissions from their radars.
Grant of this waiver will serve the public interest by permitting the continuation of
mining and earth moving activities without a diminution in the safety of operation of these large,
expensive, valuable, and potentially dangerous vehicles.
Finally, we note that Autoliv was diligent in its attempts to meet the timetable for the
evolution of its radars, completing its modifications for 99% of its supply in a timely fashion,
and was on track to completing systems for the subject vehicles on time when it discovered a
problem understandably difficult to anticipate.

Accordingly, pursuant to the delegated authority in Sections 0.31, 0.241, and 1.3 of the
Commission’s Rules, 47 C.F.R. §§ 0.31, 0.241, 1.3, we waive the emissions limits of Section
15.515(c) of our Rules to allow Autoliv ASP, Inc. to continue to manufacture and market to
Caterpillar, Inc. until December 31, 2014 and for Caterpillar to import until that same date
Autoliv’s C4 vehicular radars only for systems to equip the 900 vehicles anticipated to be
manufactured during this one-year period which comply with the January 1, 2010 emissions
limits of Section 15.515(c).
Julius P. Knapp
Office of Engineering and Technology

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