Review of the Emergency Alert System, 80780-80781 [2011-33154]

Download as PDF erowe on DSK2VPTVN1PROD with RULES 80780 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a 111(d)/129 plan submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing 111(d)/129 plan submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 111(d)/ 129 Plan is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. VerDate Mar<15>2010 14:56 Dec 23, 2011 Jkt 226001 The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 27, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: November 21, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4. For the reasons set forth in the preamble, part 62 of chapter I of title 40 of the Code of Federal Regulations is amended as follows: PART 62—[AMENDED] 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Subpart K—Florida 2. Section 62.2370 is revised to read as follows: ■ § 62.2370 Identification of sources. (a) The plan applies to existing hospital/medical/infectious waste incinerators for which construction was commenced on or before December 1, 2008, or for which modification was commenced on or before April 6, 2010. (b) On December 21, 2010, Florida submitted a revised state plan and related Florida Administrative Code amendments as required by 40 CFR part 60, subpart Ce, amended on October 6, 2009. [FR Doc. 2011–33151 Filed 12–23–11; 8:45 am] BILLING CODE P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 11 [EB Docket No. 04–296; FCC 11–136] Review of the Emergency Alert System Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Commission amends its rules governing the Emergency Alert System (EAS) rules to extend the deadline for EAS Participants to be able to receive Common Alerting Protocol (CAP)formatted EAS alerts to no later than June 30, 2012. This is intended to provide EAS Participants with time to comply with any new CAP-based revisions to the Commission’s rules. DATES: Effective December 27, 2011. FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief, Public Safety and Homeland Security Bureau, at (202) 418–7452, or by email at Lisa.Fowlkes@fcc.gov. SUMMARY: This is a summary of the Commission’s Fourth Report and Order in EB Docket No. 04– 296, FCC 11–136, adopted on September 15, 2011, and released on September 16, 2011. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY–A257), 445 12th Street SW., Washington, DC 20554. The complete text of this document also may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room, CY–B402, Washington, DC 20554. The full text may also be downloaded at: www.fcc.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\27DER1.SGM 27DER1 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 1. This Fourth Report and Order is one of two orders in which the Commission will take additional steps to integrate CAP into its part 11 rules governing the EAS. In this Fourth Report and Order, the Commission amends § 11.56 of its EAS rules to require EAS Participants to be able to receive CAP-formatted EAS alerts as required by part 11 no later than June 30, 2012. The Commission anticipates that it will adopt the CAP-based revisions to its part 11 EAS rules in a subsequent order stemming from its Third Further Notice of Proposed Rulemaking (Third FNPRM), 76 FR 35810–01, June 20, 2011, in this docket sufficiently in advance of June 30, 2012, to allow EAS Participants ample time to comply with the new part 11 rules. In this subsequent order, the Commission will also address the many remaining non-CAP related issues raised in its Third FNPRM. This amendment of § 11.56 of the Commission’s rules moots the Petition for an Expedited Further Extension of the 180-Day ‘‘Cap’’ Compliance Deadline, EB Docket 04– 296 (filed July 29, 2011) (Joint Petition) filed jointly by 46 state broadcasters associations, NAB, NCTA, the Society of Broadcast Engineers, ACA, the Association for Maximum Service Television, National Public Radio, the Association of Public Television Stations, and the Public Broadcasting Service for extension of the 180-day CAP compliance deadline. 2. In the Third FNPRM, the Commission noted that some equipment vendors may be marketing equipment— intermediary devices—that connects in some fashion with previously certified EAS equipment to allow that equipment to receive CAP-formatted alerts in the legacy EAS format. The Commission sought comment on a number of issues regarding these devices, including whether they must be certified under current EAS rules and whether they satisfy the Commission’s 2007 CAPrelated requirements. Although the Commission intends to address these issues in a subsequent order, it notes that, based on the record, it appears that some EAS Participants may have purchased such equipment. In this Fourth Report and Order, the Commission reminds EAS Participants that equipment that meets the definition of an encoder or a decoder under Commission rules must be certified under § 11.34 of the Commission’s current rules. In addition, equipment used to receive CAP-formatted EAS alerts must, at a minimum, comply with the CAP requirements the Commission adopted in the Second Report and Order VerDate Mar<15>2010 14:56 Dec 23, 2011 Jkt 226001 in this docket. While the Commission does not decide today whether intermediary devices comply with these requirements, it is unclear whether any equipment that does not meet these current baseline requirements will be able to satisfy any CAP-related rules we may adopt in the future. Consequently, the Commission urges EAS Participants that have purchased or are considering purchase of any type of EAS equipment to verify with manufacturers and/or vendors that the equipment complies with current FCC rules. I. Procedural Matters A. Paperwork Reduction Act Analysis 3. This document contains no modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. B. Congressional Review Act 4. The Commission will send a copy of this Fourth Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act (‘‘CRA’’), see 5 U.S.C. 801(a)(1)(A). II. Final Regulatory Flexibility Analysis 5. The Regulatory Flexibility Act (RFA) requires that agencies prepare a regulatory flexibility analysis for noticeand-comment rulemaking proceedings, unless the agency certifies that ‘‘the rule will not have a significant economic impact on a substantial number of small entities.’’ In this Fourth Report and Order, we have revised the rules to extend the date by which EAS Participants must be able to receive CAP-formatted EAS alert to June 30, 2012. We hereby certify that this rule revision will not have a significant economic impact on a substantial number of small entities, because the action merely maintains the status quo regarding CAP compliance. The Commission will send a copy of this Fourth Report and Order, including this certification, to the Chief Counsel for Advocacy of the Small Business Administration. In addition, the Fourth Report and Order (or a summary thereof) and certification will be published in the Federal Register. III. Ordering Clauses 6. Accordingly, it is ordered that, pursuant to sections 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i) and (o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, this Fourth Report and Order is adopted; PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 80781 7. It is further ordered that part 11 of the Commission’s rules, 47 CFR part 11, is amended. The Order shall become effective December 27, 2011; 8. It is further ordered that the Joint Petition for Further Extension of the CAP Compliance Deadline is dismissed as moot; 9. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Fourth Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 11 Radio, Television. Federal Communications Commission. Marlene H. 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) 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) and 606. ■ 2. Revise § 11.56 to read as follows: § 11.56 EAS Participants receive CAPformatted alerts. All EAS Participants must be able to receive CAP-formatted EAS alerts as required by this part no later than June 30, 2012. [FR Doc. 2011–33154 Filed 12–23–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 219 [Docket No. FRA–2001–11213, Notice No. 15] RIN 2130–AA81 Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2012 Federal Railroad Administration (FRA), DOT. ACTION: Notice of determination. AGENCY: According to data from FRA’s Management Information System, the rail industry’s random drug testing E:\FR\FM\27DER1.SGM 27DER1

Agencies

[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80780-80781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33154]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-296; FCC 11-136]


Review of the Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission amends its rules governing 
the Emergency Alert System (EAS) rules to extend the deadline for EAS 
Participants to be able to receive Common Alerting Protocol (CAP)-
formatted EAS alerts to no later than June 30, 2012. This is intended 
to provide EAS Participants with time to comply with any new CAP-based 
revisions to the Commission's rules.

DATES: Effective December 27, 2011.

FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief, 
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by 
email at Lisa.Fowlkes@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth 
Report and Order in EB Docket No. 04-296, FCC 11-136, adopted on 
September 15, 2011, and released on September 16, 2011. The full text 
of this document is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room CY-A257), 445 12th 
Street SW., Washington, DC 20554. The complete text of this document 
also may be purchased from the Commission's copy contractor, Best Copy 
and Printing, Inc., 445 12th Street SW., Room, CY-B402, Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov.

[[Page 80781]]

    1. This Fourth Report and Order is one of two orders in which the 
Commission will take additional steps to integrate CAP into its part 11 
rules governing the EAS. In this Fourth Report and Order, the 
Commission amends Sec.  11.56 of its EAS rules to require EAS 
Participants to be able to receive CAP-formatted EAS alerts as required 
by part 11 no later than June 30, 2012. The Commission anticipates that 
it will adopt the CAP-based revisions to its part 11 EAS rules in a 
subsequent order stemming from its Third Further Notice of Proposed 
Rulemaking (Third FNPRM), 76 FR 35810-01, June 20, 2011, in this docket 
sufficiently in advance of June 30, 2012, to allow EAS Participants 
ample time to comply with the new part 11 rules. In this subsequent 
order, the Commission will also address the many remaining non-CAP 
related issues raised in its Third FNPRM. This amendment of Sec.  11.56 
of the Commission's rules moots the Petition for an Expedited Further 
Extension of the 180-Day ``Cap'' Compliance Deadline, EB Docket 04-296 
(filed July 29, 2011) (Joint Petition) filed jointly by 46 state 
broadcasters associations, NAB, NCTA, the Society of Broadcast 
Engineers, ACA, the Association for Maximum Service Television, 
National Public Radio, the Association of Public Television Stations, 
and the Public Broadcasting Service for extension of the 180-day CAP 
compliance deadline.
    2. In the Third FNPRM, the Commission noted that some equipment 
vendors may be marketing equipment--intermediary devices--that connects 
in some fashion with previously certified EAS equipment to allow that 
equipment to receive CAP-formatted alerts in the legacy EAS format. The 
Commission sought comment on a number of issues regarding these 
devices, including whether they must be certified under current EAS 
rules and whether they satisfy the Commission's 2007 CAP-related 
requirements. Although the Commission intends to address these issues 
in a subsequent order, it notes that, based on the record, it appears 
that some EAS Participants may have purchased such equipment. In this 
Fourth Report and Order, the Commission reminds EAS Participants that 
equipment that meets the definition of an encoder or a decoder under 
Commission rules must be certified under Sec.  11.34 of the 
Commission's current rules. In addition, equipment used to receive CAP-
formatted EAS alerts must, at a minimum, comply with the CAP 
requirements the Commission adopted in the Second Report and Order in 
this docket. While the Commission does not decide today whether 
intermediary devices comply with these requirements, it is unclear 
whether any equipment that does not meet these current baseline 
requirements will be able to satisfy any CAP-related rules we may adopt 
in the future. Consequently, the Commission urges EAS Participants that 
have purchased or are considering purchase of any type of EAS equipment 
to verify with manufacturers and/or vendors that the equipment complies 
with current FCC rules.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    3. This document contains no modified information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13.

B. Congressional Review Act

    4. The Commission will send a copy of this Fourth Report and Order 
in a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act (``CRA''), see 5 U.S.C. 
801(a)(1)(A).

II. Final Regulatory Flexibility Analysis

    5. The Regulatory Flexibility Act (RFA) requires that agencies 
prepare a regulatory flexibility analysis for notice-and-comment 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' In this Fourth Report and Order, we have revised the 
rules to extend the date by which EAS Participants must be able to 
receive CAP-formatted EAS alert to June 30, 2012. We hereby certify 
that this rule revision will not have a significant economic impact on 
a substantial number of small entities, because the action merely 
maintains the status quo regarding CAP compliance. The Commission will 
send a copy of this Fourth Report and Order, including this 
certification, to the Chief Counsel for Advocacy of the Small Business 
Administration. In addition, the Fourth Report and Order (or a summary 
thereof) and certification will be published in the Federal Register.

III. Ordering Clauses

    6. Accordingly, it is ordered that, pursuant to sections 1, 2, 
4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 
715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
154(i) and (o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, 
and 615, this Fourth Report and Order is adopted;
    7. It is further ordered that part 11 of the Commission's rules, 47 
CFR part 11, is amended. The Order shall become effective December 27, 
2011;
    8. It is further ordered that the Joint Petition for Further 
Extension of the CAP Compliance Deadline is dismissed as moot;
    9. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Fourth Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 11

    Radio, Television.


Federal Communications Commission.
Marlene H. 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) and 
606.


0
2. Revise Sec.  11.56 to read as follows:


Sec.  11.56  EAS Participants receive CAP-formatted alerts.

    All EAS Participants must be able to receive CAP-formatted EAS 
alerts as required by this part no later than June 30, 2012.

[FR Doc. 2011-33154 Filed 12-23-11; 8:45 am]
BILLING CODE 6712-01-P
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