Review of the Emergency Alert System, 26701-26703 [2012-10622]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
mstockstill on DSK4VPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA)
(15 U.S.C. 272 note) directs agencies to
use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through the
Office of Management and Budget, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
VerDate Mar<15>2010
16:50 May 04, 2012
Jkt 226001
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
26701
Dated: April 6, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–10885 Filed 5–4–12; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
47 CFR Part 11
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165, as follows:
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
SUMMARY:
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add 165.T13–214 to read as
follows:
■
§ 165.T13–214 Safety Zone; Coast Guard
Exercise, Hood Canal, Washington
(a) Location. The following area is a
safety zone: All waters encompassed
within 500 yards of any vessel that is
involved in the Coast Guard Ready for
Operations exercise while such vessel is
transiting Hood Canal, WA between
Foul Weather Bluff and the entrance to
Dabob Bay. Vessels involved will be
various sizes and can be identified as
those flying the Coast Guard Ensign.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no person may enter or
remain in the safety zone created in this
rule unless authorized by the Captain of
the Port or his Designated
Representative. See 33 CFR Part 165,
Subpart C, for additional information
and requirements. Vessel operators
wishing to enter the zone during the
enforcement period must request
permission for entry by contacting the
on-scene patrol commander on VHF
channel 13 or 16, or the Sector Puget
Sound Joint Harbor Operations Center at
(206) 217–6001.
(c) Enforcement Period. This rule will
be enforced on 4:00 a.m. May 8, 2012
until 11:59 p.m. on May 10, 2012 unless
canceled sooner by the Captain of the
Port.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
[EB Docket No. 04–296; FCC 12–41]
Review of the Emergency Alert System
Federal Communications
Commission.
ACTION: Final rule.
In this document, the Federal
Communications Commission
(Commission) amends its rules
governing the Emergency Alert System
(EAS) rules so that EAS Participants
may, but are not required to, employ the
text-to-speech (TTS) functions described
in the EAS–CAP Industry Group (ECIG)
Implementation Guide.
DATES: Effective May 7, 2012.
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 Order on
Reconsideration in EB Docket No. 04–
296, FCC 12–41, adopted and released
on April 19, 2012. 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.
Introduction
1. On January 10, 2012, the
Commission released its Fifth Report
and Order in the above-referenced
docket, in which it adopted rules
specifying the manner in which EAS
Participants must be able to receive alert
messages formatted in the Common
Alerting Protocol (CAP), and
streamlined its part 11 rules to enhance
their effectiveness and clarity. In this
Order on Reconsideration, the
Commission reconsiders one aspect of
the Fifth Report and Order: the
applicability of TTS specifications set
E:\FR\FM\07MYR1.SGM
07MYR1
26702
Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
forth in the ECIG Implementation Guide
recommendations. As discussed below,
the Commission is deferring action on,
rather than prohibiting, the use of the
ECIG Implementation Guide’s TTS
specifications. Accordingly, the
Commission amends its EAS rules so
that EAS Participants may, but are not
required to, employ the TTS functions
described in the ECIG Implementation
Guide.
mstockstill on DSK4VPTVN1PROD with RULES
Background
2. In the Fifth Report and Order, the
Commission limited the scope of the
new Part 11 EAS CAP-related
obligations to those necessary to ensure
that CAP-formatted alert messages
distributed to EAS Participants will be
converted into and processed in the
same way as messages formatted in the
current EAS Protocol. In that regard, the
Commission required EAS Participants
to be able to convert CAP-formatted EAS
messages into messages that comply
with the EAS Protocol requirements,
following the procedures for such
conversion as set forth in the ECIG
Implementation Guide.
3. Notwithstanding that the
Commission mandated compliance with
most of the ECIG Implementation Guide,
it declined at that time to impose such
a mandatory approach with respect to
the ECIG Implementation Guide’s
provisions regarding TTS. The
Commission noted, for example, that the
accuracy and reliability of TTS had not
been established in the record. The
Commission also recognized that a
regime that addressed lack of audio by
focusing on the EAS Participant end—
where the EAS Participants would
effectuate the TTS conversion by using
any of the available TTS software
packages that may be configured into
their EAS equipment—might be less
desirable than an approach that required
the message originator to make the
conversion with TTS software on the
originating end. Because of the need for
multiple conversions using a variety of
software, the former approach would be
more prone to the generation of
differing, and thus confusing, audio
messages to be broadcast for the same
EAS message. The latter approach
would tend to avoid this risk by
applying the conversion before the alert
is widely distributed throughout the
community of EAS Participants. The
Commission further observed that it
may consider the TTS issue in an
upcoming proceeding. Accordingly, the
Commission stated that it ‘‘continue[s]
to believe that discussion of text-tospeech and speech-to-text software is
best reserved for a separate proceeding,
VerDate Mar<15>2010
16:50 May 04, 2012
Jkt 226001
and [that] we therefore defer these
issues at this time.’’
In order to avoid imposing the Guide’s
mandatory approach toward TTS
conversions—which would have required
EAS Participants to effectuate such
conversions using EAS Participant-provided
technologies if their EAS devices could
support them—the Commission revised
§ 11.56 of its rules to preclude application of
the Guide’s mandatory requirement outright.
4. The Commission also stated in the
Fifth Report and Order that ‘‘we do not
permit the construction of EAS audio
from a CAP text message at this time,’’
and noted that ‘‘we will not allow EAS
Participants to use text-to-speech
software configured in their EAS
equipment to generate the audio portion
of an EAS message.’’
5. On March 12, 2012, the Federal
Emergency Management Agency
(FEMA) made a filing, titled a ‘‘Petition
for Reconsideration’’ (FEMA Request),
requesting reversal of the Commission’s
decision in the Fifth Report and Order
‘‘to deviate from the [ECIG]
Implementation Guide in the matter of
text-to-speech conversion.’’ In its
request, FEMA stated that the
Commission, by prohibiting use of the
ECIG Implementation Guide TTS
specifications ‘‘discourages and * * *
limits further development of text-tospeech technology in support of EAS.’’
FEMA also noted that an ‘‘unintended
consequence of disallowing [TTS]
conversion by CAP EAS devices is that
CAP messages supplied without audio
content * * * may cause a CAP–EAS
device to interrupt the programming of
EAS participants’’ and only convey
limited information. According to
FEMA, the lack of TTS conversion
capability could possibly disrupt
dissemination of National Weather
Service alerts, delay retrieval of
referenced audio files in alerts, and
impact the ability of jurisdictions with
limited resources, or those with certain,
already implemented CAP alerting
capabilities, to issue CAP-formatted
alerts. FEMA requested that the
Commission delete the reference to
‘‘using text-to-speech technology’’ from
the revised § 11.56(a)(2). The recent
Final Report of Working Group 9 of the
Commission’s third Communications
Security, Reliability and Interoperability
Council (CSRIC) reiterated these same
concerns. The Commission also
received filings from state and local
emergency management agencies and
others requesting a similar change to
this rule.
Discussion
6. Upon review of the Fifth Report
and Order, and based on the
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
observations and arguments made in
various filings since release of that
decision, the Commission concludes
that an absolute bar against using the
specifications set out in the ECIG
Implementation Guide could have
unintended negative consequences,
such as compromising the ability of EAS
Participants to receive EAS messages
from states and local governments that
have implemented CAP-based alerting
systems that rely on TTS technologies.
Moreover, such a bar would depart from
the Commission’s original intention to
maintain a more neutral stance on the
best approach for establishing TTS
requirements pending fuller
consideration of the issues involved.
And the Commission is convinced that
the merits of mandating TTS use have
yet to be fully developed in the record.
7. Accordingly, pursuant to § 1.108 of
the its rules, on it own motion the
Commission reconsiders and revises
§ 11.56(a)(2) of its rules to replace the
parenthetical phrase ‘‘except that any
and all specifications set forth therein
related to using text-to-speech
technology and gubernatorial ‘must
carry’ shall not be followed’’ with the
phrase ‘‘except that any and all
specifications set forth therein related to
gubernatorial ‘must carry’ shall not be
followed, and that EAS Participants may
adhere to the specifications related to
text-to-speech on a voluntary basis.’’
The Commission also revises footnote
118 of the Fifth Report and Order to
delete the phrase ‘‘While we do not
permit the construction of EAS audio
from a CAP text message at this time
* * *’’ and revises footnote 496 of the
Fifth Report and Order to delete the
phrase ‘‘* * * we will not allow EAS
Participants to use text-to-speech
software configured in their EAS
equipment to generate the audio portion
of an EAS message * * *’’ With these
revisions, the Commission hereby defers
consideration of the ECIG
Implementation Guide’s adoption of
TTS software configured in EAS
equipment to generate the audio portion
of an EAS message, and thus neither
requires nor prohibits EAS Participants
from following the ECIG
Implementation Guide’s specifications
on use of TTS.
I. Procedural Matters
A. Accessible Formats
8. To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
E:\FR\FM\07MYR1.SGM
07MYR1
Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
B. Paperwork Reduction Act Analysis
9. This document contains no
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13.
C. Congressional Review Act
10. The Commission will send a copy
of this Order on Reconsideration 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).
mstockstill on DSK4VPTVN1PROD with RULES
D. Effective Date of Rule
11. The Commission makes this rule
revision effective immediately upon
publication in the Federal Register,
pursuant to Section 553(d) of the
Administrative Procedure Act. In this
case, where the Commission’s action
removes a restriction that would have
applied to EAS Participants and retains
the status quo, it finds that there is no
need for the 30-day period. In addition,
the Commission concludes that good
cause exists to make the rule effective
immediately upon Federal Register
publication. In making the good cause
determination, agencies must balance
the necessity for immediate
implementation against principles of
fundamental fairness that require that
all affected persons be afforded a
reasonable time to prepare for the
effective date of a new rule. No party
will be prejudiced by an expedited
effective date for this rule revision. This
revision simply now provides them
with the option to follow the ECIG
Implementation Guide’s TTS provisions
should they choose to do so. However,
the expedited date is necessary to
provide the parties with regulatory
certainty sufficiently in advance of the
current June 30, 2012, deadline for
complying with the relevant
requirements of the Commission’s Fifth
Report and Order. There is also no
information collection associated with
this rule revision, so no OMB approval
is required for the revised rule.
II. Final Regulatory Flexibility Analysis
12. 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 Order on
Reconsideration, the Commission
removes the prohibition on following
the ECIG Implementation Guide’s
specifications related to using TTS
technology, and clarifies that EAS
Participants may, but are not required,
VerDate Mar<15>2010
16:50 May 04, 2012
Jkt 226001
to use these specifications. The
Commission hereby certifies that this
rule revision will not have a significant
economic impact on a substantial
number of small entities, because this
action merely provides EAS Participants
with the option to use these
specifications. EAS Participants may
continue to opt not to use these
specifications and thereby maintain the
status quo. The Commission will send a
copy of this Order on Reconsideration,
including this certification, to the Chief
Counsel for Advocacy of the Small
Business Administration. In addition,
the Commission will publish this Order
on Reconsideration (or a summary
thereof) and certification in the Federal
Register.
III. Ordering Clauses
13. Accordingly, it is ordered that,
pursuant to § 1.108 of the Commission’s
rules, 47 CFR 1.108, this Order on
Reconsideration is adopted;
14. It is further ordered that part 11
of the Commission’s Rules, 47 CFR part
11, is amended as set forth in the
Appendix. This Order shall become
effective immediately upon publication
in the Federal Register;
15. It is further ordered that the
Petition for Reconsideration filed of the
Federal Emergency Management Agency
on March 12, 2012, in EB Docket 04–296
is dismissed as moot;
16. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order on Reconsideration,
including the Final Regulatory
Flexibility Certification, 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. Amend § 11.56 by revising
paragraph (a)(2) to read as follows:
■
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
26703
§ 11.56 Obligation to process CAPformatted EAS messages.
(a) * * *
(2) Converting EAS alert messages
that have been formatted pursuant to the
Organization for the Advancement of
Structured Information Standards
(OASIS) Common Alerting Protocol
Version 1.2 (July 1, 2010), and Common
Alerting Protocol, v. 1.2 USA Integrated
Public Alert and Warning System
Profile Version 1.0 (Oct. 13, 2009), into
EAS alert messages that comply with
the EAS Protocol, such that the
Preamble and EAS Header Codes, audio
Attention Signal, audio message, and
Preamble and EAS End of Message
(EOM) Codes of such messages are
rendered equivalent to the EAS Protocol
(set forth in § 11.31), in accordance with
the technical specifications governing
such conversion process set forth in the
EAS–CAP Industry Group’s (ECIG)
Recommendations for a CAP EAS
Implementation Guide, Version 1.0
(May 17, 2010) (except that any and all
specifications set forth therein related to
gubernatorial ‘‘must carry’’ shall not be
followed, and that EAS Participants may
adhere to the specifications related to
text-to-speech on a voluntary basis).
* * *
*
*
*
*
*
[FR Doc. 2012–10622 Filed 5–4–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 228 and 231
[Docket No. FRA–2004–17529; Notice
No. 9]
RIN 2130–AB94
Inflation Adjustment of the Aggravated
Maximum Civil Monetary Penalty for a
Violation of a Federal Railroad Safety
Law or Federal Railroad Administration
Safety Regulation or Order; Correction
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; correcting
amendments.
AGENCY:
On April 24, 2012, FRA
published a final rule, pursuant to the
Federal Civil Penalties Inflation
Adjustment Act of 1990, which
increased the aggravated maximum civil
monetary penalty that the agency will
apply when assessing a civil penalty for
a violation of a railroad safety statute,
regulation, or order under its authority.
See 77 FR 24416. In preparing that final
SUMMARY:
E:\FR\FM\07MYR1.SGM
07MYR1
]]>Agencies
[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26701-26703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10622]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; FCC 12-41]
Review of the Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules governing the Emergency Alert System
(EAS) rules so that EAS Participants may, but are not required to,
employ the text-to-speech (TTS) functions described in the EAS-CAP
Industry Group (ECIG) Implementation Guide.
DATES: Effective May 7, 2012.
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 Order
on Reconsideration in EB Docket No. 04-296, FCC 12-41, adopted and
released on April 19, 2012. 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.
Introduction
1. On January 10, 2012, the Commission released its Fifth Report
and Order in the above-referenced docket, in which it adopted rules
specifying the manner in which EAS Participants must be able to receive
alert messages formatted in the Common Alerting Protocol (CAP), and
streamlined its part 11 rules to enhance their effectiveness and
clarity. In this Order on Reconsideration, the Commission reconsiders
one aspect of the Fifth Report and Order: the applicability of TTS
specifications set
[[Page 26702]]
forth in the ECIG Implementation Guide recommendations. As discussed
below, the Commission is deferring action on, rather than prohibiting,
the use of the ECIG Implementation Guide's TTS specifications.
Accordingly, the Commission amends its EAS rules so that EAS
Participants may, but are not required to, employ the TTS functions
described in the ECIG Implementation Guide.
Background
2. In the Fifth Report and Order, the Commission limited the scope
of the new Part 11 EAS CAP-related obligations to those necessary to
ensure that CAP-formatted alert messages distributed to EAS
Participants will be converted into and processed in the same way as
messages formatted in the current EAS Protocol. In that regard, the
Commission required EAS Participants to be able to convert CAP-
formatted EAS messages into messages that comply with the EAS Protocol
requirements, following the procedures for such conversion as set forth
in the ECIG Implementation Guide.
3. Notwithstanding that the Commission mandated compliance with
most of the ECIG Implementation Guide, it declined at that time to
impose such a mandatory approach with respect to the ECIG
Implementation Guide's provisions regarding TTS. The Commission noted,
for example, that the accuracy and reliability of TTS had not been
established in the record. The Commission also recognized that a regime
that addressed lack of audio by focusing on the EAS Participant end--
where the EAS Participants would effectuate the TTS conversion by using
any of the available TTS software packages that may be configured into
their EAS equipment--might be less desirable than an approach that
required the message originator to make the conversion with TTS
software on the originating end. Because of the need for multiple
conversions using a variety of software, the former approach would be
more prone to the generation of differing, and thus confusing, audio
messages to be broadcast for the same EAS message. The latter approach
would tend to avoid this risk by applying the conversion before the
alert is widely distributed throughout the community of EAS
Participants. The Commission further observed that it may consider the
TTS issue in an upcoming proceeding. Accordingly, the Commission stated
that it ``continue[s] to believe that discussion of text-to-speech and
speech-to-text software is best reserved for a separate proceeding, and
[that] we therefore defer these issues at this time.''
In order to avoid imposing the Guide's mandatory approach toward
TTS conversions--which would have required EAS Participants to
effectuate such conversions using EAS Participant-provided
technologies if their EAS devices could support them--the Commission
revised Sec. 11.56 of its rules to preclude application of the
Guide's mandatory requirement outright.
4. The Commission also stated in the Fifth Report and Order that
``we do not permit the construction of EAS audio from a CAP text
message at this time,'' and noted that ``we will not allow EAS
Participants to use text-to-speech software configured in their EAS
equipment to generate the audio portion of an EAS message.''
5. On March 12, 2012, the Federal Emergency Management Agency
(FEMA) made a filing, titled a ``Petition for Reconsideration'' (FEMA
Request), requesting reversal of the Commission's decision in the Fifth
Report and Order ``to deviate from the [ECIG] Implementation Guide in
the matter of text-to-speech conversion.'' In its request, FEMA stated
that the Commission, by prohibiting use of the ECIG Implementation
Guide TTS specifications ``discourages and * * * limits further
development of text-to-speech technology in support of EAS.'' FEMA also
noted that an ``unintended consequence of disallowing [TTS] conversion
by CAP EAS devices is that CAP messages supplied without audio content
* * * may cause a CAP-EAS device to interrupt the programming of EAS
participants'' and only convey limited information. According to FEMA,
the lack of TTS conversion capability could possibly disrupt
dissemination of National Weather Service alerts, delay retrieval of
referenced audio files in alerts, and impact the ability of
jurisdictions with limited resources, or those with certain, already
implemented CAP alerting capabilities, to issue CAP-formatted alerts.
FEMA requested that the Commission delete the reference to ``using
text-to-speech technology'' from the revised Sec. 11.56(a)(2). The
recent Final Report of Working Group 9 of the Commission's third
Communications Security, Reliability and Interoperability Council
(CSRIC) reiterated these same concerns. The Commission also received
filings from state and local emergency management agencies and others
requesting a similar change to this rule.
Discussion
6. Upon review of the Fifth Report and Order, and based on the
observations and arguments made in various filings since release of
that decision, the Commission concludes that an absolute bar against
using the specifications set out in the ECIG Implementation Guide could
have unintended negative consequences, such as compromising the ability
of EAS Participants to receive EAS messages from states and local
governments that have implemented CAP-based alerting systems that rely
on TTS technologies. Moreover, such a bar would depart from the
Commission's original intention to maintain a more neutral stance on
the best approach for establishing TTS requirements pending fuller
consideration of the issues involved. And the Commission is convinced
that the merits of mandating TTS use have yet to be fully developed in
the record.
7. Accordingly, pursuant to Sec. 1.108 of the its rules, on it own
motion the Commission reconsiders and revises Sec. 11.56(a)(2) of its
rules to replace the parenthetical phrase ``except that any and all
specifications set forth therein related to using text-to-speech
technology and gubernatorial `must carry' shall not be followed'' with
the phrase ``except that any and all specifications set forth therein
related to gubernatorial `must carry' shall not be followed, and that
EAS Participants may adhere to the specifications related to text-to-
speech on a voluntary basis.'' The Commission also revises footnote 118
of the Fifth Report and Order to delete the phrase ``While we do not
permit the construction of EAS audio from a CAP text message at this
time * * *'' and revises footnote 496 of the Fifth Report and Order to
delete the phrase ``* * * we will not allow EAS Participants to use
text-to-speech software configured in their EAS equipment to generate
the audio portion of an EAS message * * *'' With these revisions, the
Commission hereby defers consideration of the ECIG Implementation
Guide's adoption of TTS software configured in EAS equipment to
generate the audio portion of an EAS message, and thus neither requires
nor prohibits EAS Participants from following the ECIG Implementation
Guide's specifications on use of TTS.
I. Procedural Matters
A. Accessible Formats
8. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
[[Page 26703]]
B. Paperwork Reduction Act Analysis
9. This document contains no modified information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13.
C. Congressional Review Act
10. The Commission will send a copy of this Order on
Reconsideration 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).
D. Effective Date of Rule
11. The Commission makes this rule revision effective immediately
upon publication in the Federal Register, pursuant to Section 553(d) of
the Administrative Procedure Act. In this case, where the Commission's
action removes a restriction that would have applied to EAS
Participants and retains the status quo, it finds that there is no need
for the 30-day period. In addition, the Commission concludes that good
cause exists to make the rule effective immediately upon Federal
Register publication. In making the good cause determination, agencies
must balance the necessity for immediate implementation against
principles of fundamental fairness that require that all affected
persons be afforded a reasonable time to prepare for the effective date
of a new rule. No party will be prejudiced by an expedited effective
date for this rule revision. This revision simply now provides them
with the option to follow the ECIG Implementation Guide's TTS
provisions should they choose to do so. However, the expedited date is
necessary to provide the parties with regulatory certainty sufficiently
in advance of the current June 30, 2012, deadline for complying with
the relevant requirements of the Commission's Fifth Report and Order.
There is also no information collection associated with this rule
revision, so no OMB approval is required for the revised rule.
II. Final Regulatory Flexibility Analysis
12. 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 Order on Reconsideration, the Commission
removes the prohibition on following the ECIG Implementation Guide's
specifications related to using TTS technology, and clarifies that EAS
Participants may, but are not required, to use these specifications.
The Commission hereby certifies that this rule revision will not have a
significant economic impact on a substantial number of small entities,
because this action merely provides EAS Participants with the option to
use these specifications. EAS Participants may continue to opt not to
use these specifications and thereby maintain the status quo. The
Commission will send a copy of this Order on Reconsideration, including
this certification, to the Chief Counsel for Advocacy of the Small
Business Administration. In addition, the Commission will publish this
Order on Reconsideration (or a summary thereof) and certification in
the Federal Register.
III. Ordering Clauses
13. Accordingly, it is ordered that, pursuant to Sec. 1.108 of the
Commission's rules, 47 CFR 1.108, this Order on Reconsideration is
adopted;
14. It is further ordered that part 11 of the Commission's Rules,
47 CFR part 11, is amended as set forth in the Appendix. This Order
shall become effective immediately upon publication in the Federal
Register;
15. It is further ordered that the Petition for Reconsideration
filed of the Federal Emergency Management Agency on March 12, 2012, in
EB Docket 04-296 is dismissed as moot;
16. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order on Reconsideration, including the Final Regulatory
Flexibility Certification, 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. Amend Sec. 11.56 by revising paragraph (a)(2) to read as follows:
Sec. 11.56 Obligation to process CAP-formatted EAS messages.
(a) * * *
(2) Converting EAS alert messages that have been formatted pursuant
to the Organization for the Advancement of Structured Information
Standards (OASIS) Common Alerting Protocol Version 1.2 (July 1, 2010),
and Common Alerting Protocol, v. 1.2 USA Integrated Public Alert and
Warning System Profile Version 1.0 (Oct. 13, 2009), into EAS alert
messages that comply with the EAS Protocol, such that the Preamble and
EAS Header Codes, audio Attention Signal, audio message, and Preamble
and EAS End of Message (EOM) Codes of such messages are rendered
equivalent to the EAS Protocol (set forth in Sec. 11.31), in
accordance with the technical specifications governing such conversion
process set forth in the EAS-CAP Industry Group's (ECIG)
Recommendations for a CAP EAS Implementation Guide, Version 1.0 (May
17, 2010) (except that any and all specifications set forth therein
related to gubernatorial ``must carry'' shall not be followed, and that
EAS Participants may adhere to the specifications related to text-to-
speech on a voluntary basis). * * *
* * * * *
[FR Doc. 2012-10622 Filed 5-4-12; 8:45 am]
BILLING CODE 6712-01-P
