Public Safety and Homeland Security Bureau Seeks Informal Comment Regarding Revisions to the Federal Communication Commission's Rules Governing the Emergency Alert System Pending Adoption of the Common Alerting Protocol by the Federal Emergency Management Agency, 19559-19561 [2010-8636]
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Rules and Regulations
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action is not a major rule as defined by
5 U.S.C. 804(2).
K. Unfunded Mandates Reform Act of
1995: This rule making does not involve
a Federal intergovernmental mandate
that will result in the expenditure by
State, local, and tribal governments, in
the aggregate, of 100 million dollars (as
adjusted) or more in any one year, or a
Federal private sector mandate that will
result in the expenditure by the private
sector of 100 million dollars (as
adjusted) or more in any one year, and
will not significantly or uniquely affect
small governments. Therefore, no
actions are necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995. See 2 U.S.C. 1501
et seq.
L. National Environmental Policy Act:
This rule making will not have any
effect on the quality of environment and
is thus categorically excluded from
review under the National
Environmental Policy Act of 1969. See
42 U.S.C. 4321 et seq.
M. National Technology Transfer and
Advancement Act: The requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) are not
applicable because this rule making
does not contain provisions which
involve the use of technical standards.
N. Paperwork Reduction Act: This
rule making involves information
collection requirements which are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The collection
of information involved in this notice
has been reviewed and approved by
OMB under OMB control number 0651–
0032. The USPTO is not resubmitting an
information collection package to OMB
for its review and approval because the
changes in this rule making do not affect
the information collection requirements
associated with the information
collection under OMB control number
0651–0032.
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
List of Subjects in 37 CFR Part 41
Administrative practice and
procedure, Inventions and patents,
Lawyers.
■ For the reasons stated in the preamble,
the Patent and Trademark Office
amends 37 CFR part 41 as follows:
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15:44 Apr 14, 2010
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PART 41—PRACTICE BEFORE THE
BOARD OF PATENT APPEALS AND
INTERFERENCES
1. The authority citation for 37 CFR
part 41 continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21,
23, 32, 41, 134, 135.
Subpart E—Patent Interferences
§ 41.200
[Amended]
2. In § 41.200, paragraph (b) is
removed and reserved.
■
Dated: April 10, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2010–8626 Filed 4–14–10; 8:45 am]
BILLING CODE 3510–16–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[EB Docket No. 04–296; DA 10–500]
Public Safety and Homeland Security
Bureau Seeks Informal Comment
Regarding Revisions to the Federal
Communication Commission’s Rules
Governing the Emergency Alert
System Pending Adoption of the
Common Alerting Protocol by the
Federal Emergency Management
Agency
AGENCY: Federal Communications
Commission.
ACTION: Request for comments.
SUMMARY: In this document, the Federal
Communication Commission’s
(Commission) Public Safety and
Homeland Security Bureau (PSHSB)
seeks informal comment regarding what,
if any, changes to the Commission’s
rules governing the Emergency Alert
System (EAS) might be necessitated by
the introduction of the Common
Alerting Protocol (CAP), as well as the
Federal Emergency Management
Agency’s (FEMA) deployment of its
Integrated Public Alert and Warning
System (IPAWS).
DATES: Comments are due on or before
May 17, 2010 and reply comments are
due on or before June 14, 2010.
ADDRESSES: You may submit comments,
identified by EB Docket No. 04–296 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
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19559
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• People With Disabilities: Contact
the Commission to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Gregory M. Cooke, Associate Chief,
Policy Division, Public Safety and
Homeland Security Bureau, at (202)
418–2351, or by e-mail at
gregory.cooke@fcc.gov.
This is a
summary of the Federal Communication
Commission’s Public Notice in EB
Docket No. 04–296, DA 10–500, released
on March 25, 2010. This document is
available to the public at https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/DA–10–500A1.doc.
SUPPLEMENTARY INFORMATION:
Synopsis of the Public Notice
1. CAP is an open, interoperable, data
interchange format for collecting and
distributing all-hazard safety
notifications and emergency warnings to
multiple information networks, public
safety alerting systems, and personal
communications devices. In conjunction
with appropriate alert transmission
architectures, CAP will allow FEMA,
the National Weather Service (NWS), a
State Governor, or any other authorized
initiator of a public alert and warning to
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Rules and Regulations
automatically format and geo-target a
particular alert simultaneously to the
public over multiple media platforms
such as television radio, cable, cell
phones and electronic highway signs.
CAP will also allow an alert initiator to
send alerts specifically formatted for
people with disabilities and for nonEnglish speakers.
2. The Commission, in its Emergency
Alert System (EAS) Second Report and
Order and Further Notice of Proposed
Rulemaking (Second Report and Order),
FCC No. 07–109 (adopted May 31, 2007;
released July 12, 2007) mandated that
all EAS Participants must accept CAPbased EAS alerts 180 days after the date
on which FEMA publishes the
applicable technical standards for its
adoption of CAP as the basis for FEMAgenerated alerts. On July 30, 2008,
FEMA announced its intention to adopt
a version of CAP, and more recently
announced that this adoption may occur
as early as the third quarter of 2010.
Such action would trigger the
Commission’s 180 day requirement.
3. The Commission’s EAS rules, 47
CFR part 11, were not written to
accommodate a CAP-based EAS and
will likely require significant revision or
replacement once CAP is adopted and
implemented, even if CAP-formatted
messages continue to be utilized in
connection with the alert transmission
architectures of the current or ‘‘legacy’’
EAS. In advance of any rulemaking that
may need to be conducted by the
Commission once FEMA announces its
adoption of standards for CAP, PSHSB
seeks informal comment regarding what,
if any, part 11 changes might be
necessitated by the introduction of CAP.
PSHSB asks commenters to identify,
with specificity, those rules that need to
be modified or deleted, and to suggest
new rules for Part 11—or a new rules
framework to replace part 11 rules.
Accordingly, commenters should feel
free to address the entirety of part 11
rules in this regard. For example,
commenters may address rules for a
CAP-based EAS system architecture,
equipment requirements, organization,
operations, testing, and access for
people with disabilities and non-English
speakers. PSHSB also asks commenters
to consider the degree to which the
Commission can implement flexibility
into any new rules adopted for part 11,
such that future versions of CAP can be
accommodated without further rule
changes.
4. Further, FEMA’s adoption of CAP
anticipates FEMA´s deployment of
IPAWS, which will combine new and
innovative technologies and distribution
systems with greater redundancy and
resiliency for the delivery of emergency
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15:44 Apr 14, 2010
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alerts. In its EAS Second Report and
Order, the Commission requires EAS
Participants to configure their networks
to receive CAP-formatted alerts
delivered via any new delivery systems,
whether wireline, internet, satellite, or
other, within 180 days after the date that
FEMA announces the technical
standards for the Next Generation EAS.
However, the Commission’s rules
presently also do not address such alert
distribution methods.
5. Accordingly, PSHSB also takes this
opportunity to ask commenters to
identify specific rule changes or
additions that they foresee could
advance or facilitate introduction of a
CAP-based Next Generation EAS
architecture. In this regard, PSHSB
seeks comment on the extent to which
states already are adopting CAP-based
systems for distribution of state and
local EAS alerts, and the extent to
which any revisions to Part 11 can be
adopted in manner consistent with
those systems. Again, PSHSB urges
commenters to consider the degree to
which the Commission can and should
implement flexibility into its new rules,
in order to accommodate future changes
to EAS delivery systems without
necessitating repeated revisions to Part
11. What factors should the Commission
weigh in determining whether and-or
when to implement future rule changes?
Should the structure and content of
state EAS Plans covered by § 11.21 of
the EAS rules be altered to
accommodate CAP and, if so, how?
6. Finally, PSHSB seeks comment on
what rules changes, if any, are necessary
to our Part 11 rules to ensure access to
a CAP-based EAS by people with
disabilities and those who do not speak
English. We seek comment on how
states that have adopted CAP currently
address this issue. We also seek
comment on the status of any initiatives
or programs developed by, as well as
any ongoing discussions among,
interested stakeholders to address these
issues.
Procedural Matters
A. Ex Parte Presentations
7. This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentations must contain summaries
of the substance of the presentations
and not merely a listing of the subjects
discussed. More than a one or two
sentence description of the views and
arguments presented is generally
required. Other requirements pertaining
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to oral and written presentations are set
forth in § 1.1206(b) of the Commission’s
rules.
B. Comment Filing Procedures
8. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. All filings
related to this Notice of Proposed
Rulemaking should refer to EB Docket
No. 04–296. Comments may be filed
using: (1) The Commission’s Electronic
Comment Filing System (ECFS), (2) the
Federal Government’s eRulemaking
Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121,
May 1, 1998.
9. Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
provided on the Web site for submitting
comments.
10. For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
instructions, filers should send an email to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
11. Paper Filers: Parties who choose
to file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
12. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
13. Effective December 28, 2009, all
hand-delivered or messenger-delivered
paper filings for the Commission’s
Secretary must be delivered to FCC
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Rules and Regulations
Headquarters at 445 12th St., SW., Room
TW–A325, Washington, DC 20554. The
filing hours at this location are 8 a.m. to
7 p.m. All hand deliveries must be held
together with rubber bands or fasteners.
Any envelopes must be disposed of
before entering the building. Please
Note: The Commission’s former filing
location at 236 Massachusetts Avenue,
NE., is permanently closed.
Federal Communications Commission.
David L. Furth,
Deputy Bureau Chief, Public Safety and
Homeland Security Bureau.
[FR Doc. 2010–8636 Filed 4–14–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910131363–0087–02]
RIN 0648–XV79
Fisheries of the Economic Exclusive
Zone Off Alaska; Pacific Cod in the
Bering Sea and Aleutian Islands
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification
of a closure.
SUMMARY: NMFS is opening directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters) length
overall using hook-and-line or pot gear
in the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to fully use the 2010 total
allowable catch (TAC) of Pacific cod
specified for the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 30, 2010, through
2400 hrs, A.l.t., December 31, 2010.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 29, 2010.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN 0648–
XV79, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
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15:44 Apr 14, 2010
Jkt 220001
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record. No comments will be
posted to https://www.regulations.gov for
public viewing until after the comment
period has closed. Comment will
generally be posted without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels less than
60 feet (18.3 meters) length overall using
hook-and-line or pot gear in the BSAI
under § 679.20(d)(1)(iii) on March 25,
2010 (75 FR 15626, March 26, 2010).
NMFS has determined that as of April
9, 2010, approximately 400 metric tons
of Pacific cod remain in the 2010 Pacific
cod apportionment for catcher vessels
less than 60 feet (18.3 meters) length
overall using hook-and-line or pot gear
in the BSAI. Therefore, in accordance
with § 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully use the 2010
TAC of Pacific cod in the BSAI, NMFS
is terminating the previous closure and
is opening directed fishing for Pacific
cod by catcher vessels less than 60 feet
(18.3 meters) length overall using hookand-line or pot gear in the BSAI.
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of the Pacific cod
fishery by Pacific cod by catcher vessels
less than 60 feet (18.3 meters) length
overall using hook-and-line or pot gear
in the BSAI. Immediate notification is
necessary to allow for the orderly
conduct and efficient operation of this
fishery, to allow the industry to plan for
the fishing season, and to avoid
potential disruption to the fishing fleet
and processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of April 9, 2010.
The AA also finds good cause to
waive the 30–day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
Pacific cod by catcher vessels less than
60 feet (18.3 meters) length overall using
hook-and-line or pot gear in the BSAI to
be harvested in an expedient manner
and in accordance with the regulatory
schedule. Under § 679.25(c)(2),
interested persons are invited to submit
written comments on this action to the
above address until April 29, 2010.
This action is required by § 679.25
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–8639 Filed 4–14–10; 8:45 am]
BILLING CODE 3510–22–S
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
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Agencies
[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Rules and Regulations]
[Pages 19559-19561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8636]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; DA 10-500]
Public Safety and Homeland Security Bureau Seeks Informal Comment
Regarding Revisions to the Federal Communication Commission's Rules
Governing the Emergency Alert System Pending Adoption of the Common
Alerting Protocol by the Federal Emergency Management Agency
AGENCY: Federal Communications Commission.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communication Commission's
(Commission) Public Safety and Homeland Security Bureau (PSHSB) seeks
informal comment regarding what, if any, changes to the Commission's
rules governing the Emergency Alert System (EAS) might be necessitated
by the introduction of the Common Alerting Protocol (CAP), as well as
the Federal Emergency Management Agency's (FEMA) deployment of its
Integrated Public Alert and Warning System (IPAWS).
DATES: Comments are due on or before May 17, 2010 and reply comments
are due on or before June 14, 2010.
ADDRESSES: You may submit comments, identified by EB Docket No. 04-296
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
People With Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone:
202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Commercial overnight mail (other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail should
be addressed to 445 12th Street, SW., Washington, DC 20554.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Gregory M. Cooke, Associate Chief,
Policy Division, Public Safety and Homeland Security Bureau, at (202)
418-2351, or by e-mail at gregory.cooke@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communication Commission's Public Notice in EB Docket No. 04-296, DA
10-500, released on March 25, 2010. This document is available to the
public at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-500A1.doc.
Synopsis of the Public Notice
1. CAP is an open, interoperable, data interchange format for
collecting and distributing all-hazard safety notifications and
emergency warnings to multiple information networks, public safety
alerting systems, and personal communications devices. In conjunction
with appropriate alert transmission architectures, CAP will allow FEMA,
the National Weather Service (NWS), a State Governor, or any other
authorized initiator of a public alert and warning to
[[Page 19560]]
automatically format and geo-target a particular alert simultaneously
to the public over multiple media platforms such as television radio,
cable, cell phones and electronic highway signs. CAP will also allow an
alert initiator to send alerts specifically formatted for people with
disabilities and for non-English speakers.
2. The Commission, in its Emergency Alert System (EAS) Second
Report and Order and Further Notice of Proposed Rulemaking (Second
Report and Order), FCC No. 07-109 (adopted May 31, 2007; released July
12, 2007) mandated that all EAS Participants must accept CAP-based EAS
alerts 180 days after the date on which FEMA publishes the applicable
technical standards for its adoption of CAP as the basis for FEMA-
generated alerts. On July 30, 2008, FEMA announced its intention to
adopt a version of CAP, and more recently announced that this adoption
may occur as early as the third quarter of 2010. Such action would
trigger the Commission's 180 day requirement.
3. The Commission's EAS rules, 47 CFR part 11, were not written to
accommodate a CAP-based EAS and will likely require significant
revision or replacement once CAP is adopted and implemented, even if
CAP-formatted messages continue to be utilized in connection with the
alert transmission architectures of the current or ``legacy'' EAS. In
advance of any rulemaking that may need to be conducted by the
Commission once FEMA announces its adoption of standards for CAP, PSHSB
seeks informal comment regarding what, if any, part 11 changes might be
necessitated by the introduction of CAP. PSHSB asks commenters to
identify, with specificity, those rules that need to be modified or
deleted, and to suggest new rules for Part 11--or a new rules framework
to replace part 11 rules. Accordingly, commenters should feel free to
address the entirety of part 11 rules in this regard. For example,
commenters may address rules for a CAP-based EAS system architecture,
equipment requirements, organization, operations, testing, and access
for people with disabilities and non-English speakers. PSHSB also asks
commenters to consider the degree to which the Commission can implement
flexibility into any new rules adopted for part 11, such that future
versions of CAP can be accommodated without further rule changes.
4. Further, FEMA's adoption of CAP anticipates FEMA[acute]s
deployment of IPAWS, which will combine new and innovative technologies
and distribution systems with greater redundancy and resiliency for the
delivery of emergency alerts. In its EAS Second Report and Order, the
Commission requires EAS Participants to configure their networks to
receive CAP-formatted alerts delivered via any new delivery systems,
whether wireline, internet, satellite, or other, within 180 days after
the date that FEMA announces the technical standards for the Next
Generation EAS. However, the Commission's rules presently also do not
address such alert distribution methods.
5. Accordingly, PSHSB also takes this opportunity to ask commenters
to identify specific rule changes or additions that they foresee could
advance or facilitate introduction of a CAP-based Next Generation EAS
architecture. In this regard, PSHSB seeks comment on the extent to
which states already are adopting CAP-based systems for distribution of
state and local EAS alerts, and the extent to which any revisions to
Part 11 can be adopted in manner consistent with those systems. Again,
PSHSB urges commenters to consider the degree to which the Commission
can and should implement flexibility into its new rules, in order to
accommodate future changes to EAS delivery systems without
necessitating repeated revisions to Part 11. What factors should the
Commission weigh in determining whether and-or when to implement future
rule changes? Should the structure and content of state EAS Plans
covered by Sec. 11.21 of the EAS rules be altered to accommodate CAP
and, if so, how?
6. Finally, PSHSB seeks comment on what rules changes, if any, are
necessary to our Part 11 rules to ensure access to a CAP-based EAS by
people with disabilities and those who do not speak English. We seek
comment on how states that have adopted CAP currently address this
issue. We also seek comment on the status of any initiatives or
programs developed by, as well as any ongoing discussions among,
interested stakeholders to address these issues.
Procedural Matters
A. Ex Parte Presentations
7. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other requirements
pertaining to oral and written presentations are set forth in Sec.
1.1206(b) of the Commission's rules.
B. Comment Filing Procedures
8. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. All filings related to this Notice of Proposed
Rulemaking should refer to EB Docket No. 04-296. Comments may be filed
using: (1) The Commission's Electronic Comment Filing System (ECFS),
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper
copies. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
9. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the
Federal eRulemaking Portal: https://www.regulations.gov. Filers should
follow the instructions provided on the Web site for submitting
comments.
10. For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
11. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
12. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
13. Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be
delivered to FCC
[[Page 19561]]
Headquarters at 445 12th St., SW., Room TW-A325, Washington, DC 20554.
The filing hours at this location are 8 a.m. to 7 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Please
Note: The Commission's former filing location at 236 Massachusetts
Avenue, NE., is permanently closed.
Federal Communications Commission.
David L. Furth,
Deputy Bureau Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2010-8636 Filed 4-14-10; 8:45 am]
BILLING CODE 6712-01-P