Rule2022-12076
Emergency Alert System, Wireless Emergency Alerts; National Defense Authorization Act for Fiscal Year 2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2022
Effective
June 6, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved information collections associated with certain rules adopted in the Report and Order (NDAA21 Alerting Order). The Commission also announces that compliance with the rules is now required. The Commission also removes paragraphs advising that compliance was not required until OMB approval was obtained. This document is consistent with the NDAA21 Alerting Order and rules, which state the Commission will publish a document in the Federal Register announcing a compliance date for the rule sections and revise the rules accordingly.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34213-34215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12076]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[PS Docket Nos. 15-94, 15-91; FCC 21-77; FR ID 89691]
Emergency Alert System, Wireless Emergency Alerts; National
Defense Authorization Act for Fiscal Year 2021
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved information collections associated with certain rules
adopted in the Report and Order (NDAA21 Alerting Order). The Commission
also announces that compliance with the rules is now required. The
Commission also removes paragraphs advising that compliance was not
required until OMB approval was obtained. This document is consistent
with the NDAA21 Alerting Order and rules, which state the Commission
will publish a document in the Federal Register announcing a compliance
date for the rule sections and revise the rules accordingly.
DATES:
[[Page 34214]]
Effective date: These rules are effective June 6, 2022.
Compliance date: Compliance with 47 CFR 11.21 introductory text,
(a) introductory text, and (a)(8) and 11.45(c), published at 86 FR
46783 on August 20, 2021, is required as of June 6, 2022.
FOR FURTHER INFORMATION CONTACT: Chris Fedeli, Attorney-Advisor, Public
Safety and Homeland Security Bureau, Policy and Licensing Division at
(202) 418-1514 or <a href="/cdn-cgi/l/email-protection#cba8a3b9a2b8bfa4bba3aeb9e5adaeafaea7a28bada8a8e5aca4bd"><span class="__cf_email__" data-cfemail="46252e342f353229362e233468202322232a2f0620252568212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order (NDAA21 Alerting Order), FCC 21-77, in PS Dockets 15-
91 and 15-94, released on June 17, 2021, published at 86 FR 46783 on
August 20, 2021.
This document announces that OMB approved the information
collection requirements contained in 47 CFR 11.21 introductory text,
(a) introductory text, and (a)(8) and 11.45(c).
The Commission publishes this document as an announcement of the
compliance date of the rules.
Separately, the Commission observes that some of the information
collection requirements made effective by this notice are required to
be filed with the Commission using the Alert Reporting System (ARS) on
or by July 5, 2022. See Federal Communications Commission, Alert
Reporting System Available for Filing of State Emergency Alert System
Plans, 86 FR 35089 (July 1, 2021).
If you have any comments on the burden estimates listed below, or
how the Commission can improve the collections and reduce any burdens
caused thereby, please contact Nicole Ongele, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554, regarding OMB Control
Numbers 3060-0207. Please include the relevant OMB Control Number in
your correspondence. The Commission will also accept your comments via
email at <a href="/cdn-cgi/l/email-protection#3b6b697a7b5d5858155c544d"><span class="__cf_email__" data-cfemail="80d0d2c1c0e6e3e3aee7eff6">[email protected]</span></a>.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#15737676202521557376763b727a63"><span class="__cf_email__" data-cfemail="8ee8ededbbbebacee8ededa0e9e1f8">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
April 14, 2022, for the information collection requirements contained
in the Commission's rules at 47 CFR 11.21 introductory text, (a)
introductory text, and (a)(8) and 11.45(c).
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing notification is required by the Paperwork Reduction
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0207.
OMB Approval Date: April 14, 2022.
OMB Expiration Date: April 30, 2025.
Title: Part 11--Emergency Alert System (EAS), Order, FCC 21-77.
Form No.: N/A.
Number of Respondents and Responses: 63,084 respondents; 3,588,845
responses.
Estimated Time per Response: 0.017 hours-112 hours.
Frequency of Response: Annual, on occasion and one-time reporting
requirements.
Obligation to Respond: Mandatory and Voluntary. Statutory authority
for this information collection is contained in 47 U.S.C. 154(i) and
606 of the Communications Act of 1934, as amended.
Total Annual Burden: 141,414 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: No Impact(s).
Nature and Extent of Confidentiality: The Commission shares
aggregated and individual State Emergency Alert System (EAS) Plan data
on a confidential basis with other Federal agencies and state
governmental emergency management agencies that have confidentiality
protection at least equal to that provided by the Freedom of
Information Act.
Needs and Uses: Part 11 contains rules and regulations addressing
the Nation's EAS. The EAS provides the President with the capability to
provide immediate communications and information to the general public
during periods of national emergency over broadcast television and
radio, cable, direct broadcast radio and other EAS Participants, as
defined in Sec. 11.11(a) of the Commission's rules. The EAS also
provides state and local governments and the National Weather Service
with the capability to provide immediate communications and information
to the public concerning emergency situations posing a threat to life
and property. Part 11 includes testing requirements to ensure proper
and efficient operation of the EAS. State and local use of the EAS,
alert processing requirements, and monitoring assignments covering the
distribution of EAS alerts within the state, among other things, are
required to be described in State EAS Plans that are administered by
State Emergency Communications Committees (SECC) and submitted to the
FCC annually for approval.
The NDAA Alerting Order, pursuant to the directions set forth in
Section 9201 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, Public Law 116-283, 134 Stat.
3388, section 9201 (NDAA21), among other things, (i) requires the
Public Safety and Homeland Security Bureau (Bureau) to establish a
State EAS Plan Content Checklist composed of the content set forth in
Sec. 11.21 of the Commission's rules, 47 CFR 11.21, post the checklist
on the FCC's website, and incorporate it as an appendix in the ARS user
manual; (ii) amends the State EAS Plan requirements in Sec. 11.21 of
the Commission's rules to ensure plans are updated annually, require a
certification by the SECC Chairperson or Vice-Chairperson that the SECC
met (in person, via teleconference, or via other methods of conducting
virtual meetings) at least once in the twelve months prior to
submitting the annual updated plan, and require that the Bureau approve
or reject State EAS Plans submitted for approval within 60 days of
receipt; and (iii) requires the Bureau to list the approval dates of
State EAS Plans submitted on ARS on the Commission's website, and in
the event a final decision is made to deny a plan, directly notify the
chief executive of the State to which the plan applies of that
determination and the reasons for such denial within 30 days of such
decision. The Order also amends Sec. 11.45 of the part 11 rules to
enable voluntary reporting to the Commission by the FEMA Administrator
and Tribal, State, local, and territorial governments of false EAS
alerts.
The Commission notifies the public of OMB approval of these rule
amendments as a modification of a previously approved information
collection. Congress has determined that EAS rule changes are necessary
to increase oversight over the distribution of state and local EAS
alerts within states and to increase false alert reporting capabilities
to help ameliorate confusion or other harmful effects that might result
from false EAS alerts. The internal State EAS Plan processing
requirements and rule changes adopted in the Order will improve State
EAS
[[Page 34215]]
Plan processing and administration, thereby improving the capabilities
and efficacy of EAS as a national system for distributing vital alert
information to all Americans in a cost-effective manner.
The following information collections contained in part 11 may be
impacted by the rule amendments described herein.
State EAS Plans (47 CFR 11.21)
The establishment of a State EAS Plan Content Checklist for SECCs
should have no impact or lessen SECC burdens, and posting it on the
FCC's website, and incorporating it as an appendix in the ARS user
manual, are routine Bureau activities. The requirement to ensure State
EAS Plans are updated annually already was contained in Sec. 11.21,
and thus does not represent a new burden.
The requirement that the State EAS Plan include a certification
(which will be incorporated into the ARS) by the SECC Chairperson or
Vice-Chairperson that the SECC met (in person, via teleconference, or
via other methods of conducting virtual meetings) at least once in the
twelve months prior to submitting the annual updated plan to review and
update its State EAS Plan should promote added diligence in SECC
administration of State EAS Plans. The Commission estimates the burden
to SECC members in complying with this requirement to be two hours per
member.
The rule amendment requiring the Bureau approve or reject State EAS
Plans submitted for approval within 60 days of receipt does not impose
new burdens on any entity. The Bureau already is charged with reviewing
State EAS Plans. The internal requirement that the Bureau list the
approval dates of State EAS Plans submitted on ARS on the Commission's
website, and in the event a final decision is made to deny a plan, to
directly notify the chief executive of the State to which the plan
applies of that determination and the reasons for such denial within 30
days, does not impose new burdens on any entity. The Bureau already
maintains a web page on the Commission's website dedicated to SECC and
State EAS Plan information.
False EAS Alert Reporting (47 CFR 11.45)
The amendment enabling the FEMA Administrator and Tribal, State,
local, and territorial governments to file reports of false EAS alerts
provides another mechanism for the Commission to receive information
concerning false EAS alerts and does not impose burdens on any entity.
Should any permitted government entity voluntarily elect to file a
false EAS alert report, the burden associated with this provision
amounts to composing an email, which the Commission estimates will take
an hour or less to prepare, and falls within the routine activities of
government employees. False alert reports help the Commission to
identify, investigate, correct and prevent false EAS activations, which
enhances the EAS's efficacy and the public trust in the EAS.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, 1206.
Sec. 11.21 [Amended]
0
2. Amend Sec. 11.21 by removing paragraph (g).
Sec. 11.45 [Amended]
0
3. Amend Sec. 11.45 by removing paragraph (d).
[FR Doc. 2022-12076 Filed 6-3-22; 8:45 am]
BILLING CODE 6712-01-P
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