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 
2Communications (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.
3Accordingly, 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). 
Sincerely,
Julius P. Knapp
Chief
Office of Engineering and Technology