Information Collection Being Reviewed by the Federal Communications Commission, 60783-60786 [2020-21318]

Download as PDF Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices Allowance-for-Funds-Used-During Construction; and (4) employ the GAAP standard of materiality. Rate-of-return carriers receiving cost-based support must determine materiality consistent with the general materiality guidelines promulgated by the Auditing Standards Board. Price cap carriers with a continuing Part 32 accounting obligation must maintain continuing property records necessary to track substantial assets and investments in an accurate, auditable manner. The carriers must make such property information available to the Commission upon request. Carriers subject to Part 32 must continue to comply with the USOA’s depreciation procedures and its rules for cost of removal-and-salvage accounting. Pursuant to the October 24, 2018 Rate-of-Return Business Data Services Report and Order, WC Docket No. 17– 144, FCC 18–146, rate-of-return carriers currently receiving model-based or other fixed high-cost support may voluntarily elect to transition their business services offerings from rate-ofreturn to incentive regulation. Thus, electing carriers that choose to use GAAP instead of the Uniform System of Accounts are relieved of virtually all of the filing and recordkeeping requirements of the Uniform System of Accounts, with the sole exception of the same data provisioning requirements for the calculation of pole attachment rates as price cap carriers. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2020–21315 Filed 9–25–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0057; FRS 17100] Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of SUMMARY: VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before November 27, 2020. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email PRA@ fcc.gov and to Nicole.Ongele@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Nicole Ongele, (202) 418–2991. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0057. Title: Application for Equipment Authorization, FCC Form 731. Form Number: FCC 731. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit. Number of Respondents and Responses: 11,305 respondents; 24,873 responses. Estimated Time per Response: 8.11 hours (rounded up). Frequency of Response: On occasion reporting requirement; one-time reporting requirement and third-party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in the 47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r). Total Annual Burden: 201,603 hours. Total Annual Costs: $50,155,140. Privacy Act Impact Assessment: Yes. The personally identifiable information (PII) in this information collection is PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 60783 covered by a Privacy Impact Assessment (PIA), Equipment Authorizations Records and Files Information System. It is posted at: https://www.fcc.gov/ general/privacy-act-information#pia. Nature and Extent of Confidentiality: Minimal exemption from the Freedom of Information Act (FOIA) under 5 U.S.C. 552(b)(4) and FCC rules under 47 CFR 0.457(d) is granted for trade secrets which may be submitted as attachments to the application FCC Form 731. No other assurances of confidentiality are provided to respondents. Needs and Uses: The Commission will submit this revised information collection to the Office of Management and Budget (OMB) after this 60-day comment period to obtain the three-year clearance. The December 2019 radiofrequency (RF) exposure Second Report and Order, ET Docket Nos. 03–137 and 13–184, FCC 19–126, included amendments to rule sections 1.1307, 2.1091, and 2.1093 requiring approval by OMB under the Paperwork Reduction Act. Revision to information collection effected by amendments to rule sections 2.1091 and 2.1093 is reported herein. Revision to information collection effected by amendments to rule section 1.1307 is reported separately under OMB 3060– 0004. In amendments to rule sections 2.1091 and 2.1093, the Commission revised its implementing rules to reflect modern technology and today’s uses. We replaced a requirement which relied on consideration of the rule part under which the equipment would operate, the portion of the electromagnetic spectrum where the equipment is designed to operate, and technical characteristics of the equipment to determine if the equipment would be subject to routine environmental evaluation for RF exposure prior to equipment authorization. The rule modifications adopted a formula for evaluation of compliance with RF exposure limits and determination whether an environmental assessment would need to be prepared if the limits are exceeded. The amended rules provide more efficient, practical, and consistent RF exposure evaluation procedures and mitigation measures to help ensure compliance with the existing RF exposure limits. RF equipment manufacturers must comply with the requirements of rule sections 2.1091 and 2.1093 when submitting an application for certification under rule section 2.1033. The changes to rule sections 2.1091 and 2.1093 will not affect the number of respondents or number of responses associated with this information E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices collection. Although the new rules will modify the way applicants evaluate RF compliance when they apply for equipment authorization, we believe that it will take, on average, the same time that it takes for applicants to make this evaluation under our existing rules. The latest RF exposure Second Report and Order, ET Docket Nos. 03–137 and 13–184, FCC 19–126, amended rule sections 2.1091 by revising paragraphs (b), (c), (d)(1), and (d)(2) and 2.1093 by revising paragraphs (b), (c) and (d) to read as follows: § 2.1091 Radiofrequency Radiation Exposure Evaluation: Mobile Devices. * * * * * (b) For purposes of this Section, the definitions in Section 1.1307(b)(2) of this chapter shall apply. A mobile device is defined as a transmitting device designed to be used in other than fixed locations and to generally be used Pth(mW) = ERP2 ocm (mW)= (2) For multiple mobile or portable RF sources within a device operating in the same time averaging period, routine environmental evaluation is required if the formula in Section 1.1307(b)(3)(ii)(B) of this chapter is applied to determine the exemption ratio and the result is greater than 1. (3) Unless otherwise specified in this chapter, any other single mobile or multiple mobile and portable RF source(s) associated with a device is exempt from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in Sections 1.1307(c) and 1.1307(d) of this chapter. (d)(1) Applications for equipment authorization of mobile RF sources subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in Section 1.1310 of this chapter as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. In general, maximum timeaveraged power levels must be used for evaluation. All unlicensed personal communications service (PCS) devices and unlicensed NII devices shall be VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 power of 1 mW or more than the ERP listed in Table 1 of Section 1.1307(b)(3)(i)(C), whichever is greater. For mobile devices not exempt by Section 1.1307(b)(3)(i)(C) at distances from 20 centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz, evaluation of compliance with the exposure limits in Section 1.1310 of this chapter is necessary if the ERP of the device is greater than ERP20cm in the formula below. If the ERP of a single RF source at distances from 20 centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz is not easily obtained, then the available maximum timeaveraged power may be used (i.e., without consideration of ERP) in comparison with the following formula only if the physical dimensions of the radiating structure(s) do not exceed the electrical length of l/4 or if the antenna gain is less than that of a half-wave dipole (1.64 linear value). in such a way that a separation distance of at least 20 centimeters is normally maintained between the RF source’s radiating structure(s) and the body of the user or nearby persons. In this context, the term ‘‘fixed location’’ means that the device is physically secured at one location and is not able to be easily moved to another location while transmitting. Transmitting devices designed to be used by consumers or workers that can be easily re-located, such as wireless devices associated with a personal desktop computer, are considered to be mobile devices if they meet the 20-centimeter separation requirement. (c)(1) Evaluation of compliance with the exposure limits in Section 1.1310 of this chapter, and preparation of an EA if the limits are exceeded, is necessary for mobile devices with single RF sources having either more than an available maximum time-averaged 2040[ 0.3 GHz~ f 3060 1.5 GHz 1 ~ subject to the limits for general population/uncontrolled exposure. (2)(i) For purposes of analyzing mobile transmitting devices under the occupational/controlled criteria specified in Section 1.1310 of this chapter, time averaging provisions of the limits may be used in conjunction with the maximum duty factor to determine maximum time-averaged exposure levels under normal operating conditions. (2)(ii) Such time averaging provisions based on maximum duty factor may not be used in determining exposure levels for devices intended for use by consumers in general population/ uncontrolled environments as defined in Section 1.1310 of this chapter. However, ‘‘source-based’’ time averaging based on an inherent property of the RF source is allowed over a time period not to exceed 30 minutes. An example of this is the determination of exposure from a device that uses digital technology such as a time-division multiple-access (TDMA) scheme for transmission of a signal. * * * * * Section 2.1093 is amended by revising paragraphs (b), (c), and (d) to read as follows: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 f < 1.5 GHz ~ 6 GHz § 2.1093 Radiofrequency Radiation Exposure Evaluation: Portable Devices * * * * * (b) For purposes of this section, the definitions in Section 1.1307(b)(2) of this chapter shall apply. A portable device is defined as a transmitting device designed to be used in other than fixed locations and to generally be used in such a way that the RF source’s radiating structure(s) is/are within 20 centimeters of the body of the user. (c)(1) Evaluation of compliance with the exposure limits in Section 1.1310 of this chapter, and preparation of an EA if the limits are exceeded, is necessary for portable devices having single RF sources with more than an available maximum time-averaged power of 1 mW, more than the ERP listed in Table 1 of Section 1.1307(b)(3)(i)(C), or more than the Pth in the following formula, whichever is greater. The following formula shall only be used in conjunction with portable devices not exempt by Section 1.1307(b)(3)(i)(C) at distances from 0.5 centimeters to 20 centimeters and frequencies from 0.3 GHz to 6 GHz. E:\FR\FM\28SEN1.SGM 28SEN1 EN28SE20.001</GPH> 60784 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices ERP20 cm (d/20 cm)x pth (mW)= IERP 20 cm 60785 d :5 20 cm 20 cm< d :5 40 cm Where =- log 10 ( ERP20 cm (mW)= d = the minimum separation distance (cm) in any direction from any part of the device antenna(s) or radiating structure(s) to the body of the device user. (2) For multiple mobile or portable RF sources within a device operating in the same time averaging period, evaluation is required if the formula in Section 1.1307(b)(3)(ii)(B) of this chapter is applied to determine the exemption ratio and the result is greater than 1. (3) Unless otherwise specified in this chapter, any other single portable or multiple mobile and portable RF source(s) associated with a device is exempt from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in Sections 1.1307(c) and 1.1307(d) of this chapter. (d)(1) Applications for equipment authorization of portable RF sources subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in Section 1.1310 of this chapter as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. The SAR limits specified in Sections 1.1310(a) through (c) of this chapter shall be used for evaluation of portable devices transmitting in the frequency range from 100 kHz to 6 GHz. Portable devices that transmit at frequencies above 6 GHz shall be evaluated in terms of the MPE limits specified in Table 1 of Section 1.1310(e)(1) of this chapter. A minimum separation distance applicable to the operating configurations and exposure conditions of the device shall be used for the evaluation. In general, maximum time-averaged power levels must be used for evaluation. All unlicensed personal communications service (PCS) devices and unlicensed NII devices shall be subject to the limits for general population/uncontrolled exposure. (2) Evaluation of compliance with the SAR limits can be demonstrated by VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 J7) 60 ERP2ocm f and f is in GHz; 0.3 GHz :5 f 3060 1.5 GHz :5 f :5 6 GHz 1 either laboratory measurement techniques or by computational modeling. The latter must be supported by adequate documentation showing that the numerical method as implemented in the computational software has been fully validated; in addition, the equipment under test and exposure conditions must be modeled according to protocols established by FCC-accepted numerical computation standards or available FCC procedures for the specific computational method. Guidance regarding SAR measurement techniques can be found in the Office of Engineering and Technology (OET) Laboratory Division Knowledge Database (KDB). The staff guidance provided in the KDB does not necessarily represent the only acceptable methods for measuring RF exposure or RF emissions, and is not binding on the Commission or any interested party. (3) For purposes of analyzing portable RF sources under the occupational/ controlled SAR criteria specified in Section 1.1310 of this chapter, time averaging provisions of the limits may be used in conjunction with the maximum duty factor to determine maximum time-averaged exposure levels under normal operating conditions. (4) The time averaging provisions for occupational/controlled SAR criteria, based on maximum duty factor, may not be used in determining typical exposure levels for portable devices intended for use by consumers, such as cellular telephones, that are considered to operate in general population/ uncontrolled environments as defined in Section 1.1310 of this chapter. However, ‘‘source-based’’ time averaging based on an inherent property of the RF source is allowed over a time period not to exceed 30 minutes. An example of this would be the determination of exposure from a device that uses digital technology such as a PO 00000 Frm 00034 Fmt 4703 < 1.5 GHz 2040[ Sfmt 4703 time-division multiple-access (TDMA) scheme for transmission of a signal. (5) Visual advisories (such as labeling, embossing, or on an equivalent electronic display) on portable devices designed only for occupational use can be used as part of an applicant’s evidence of the device user’s awareness of occupational/controlled exposure limits. Such visual advisories shall be legible and clearly visible to the user from the exterior of the device. Visual advisories must indicate that the device is for occupational use only, refer the user to specific information on RF exposure, such as that provided in a user manual and note that the advisory and its information is required for FCC RF exposure compliance. Such instructional material must provide users with information on how to use the device and to ensure users are fully aware of and able to exercise control over their exposure to satisfy compliance with the occupational/ controlled exposure limits. A sample of the visual advisory, illustrating its location on the device, and any instructional material intended to accompany the device when marketed, shall be filed with the Commission along with the application for equipment authorization. Details of any special training requirements pertinent to mitigating and limiting RF exposure should also be submitted. Holders of grants for portable devices to be used in occupational settings are encouraged, but not required, to coordinate with end-user organizations to ensure appropriate RF safety training. (6) General population/uncontrolled exposure limits defined in Section 1.1310 of this chapter apply to portable devices intended for use by consumers or persons who are exposed as a consequence of their employment and may not be fully aware of the potential for exposure or cannot exercise control over their exposure. No communication with the consumer including either visual advisories or manual instructions E:\FR\FM\28SEN1.SGM 28SEN1 EN28SE20.002</GPH> x 60786 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices will be considered sufficient to allow consumer portable devices to be evaluated subject to limits for occupational/controlled exposure specified in Section 1.1310 of this chapter. * * * * * Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2020–21318 Filed 9–25–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Meeting 10:00 a.m., Thursday, October 8, 2020. PLACE: This meeting will be conducted through a videoconference involving all Commissioners. Any person wishing to listen to the proceeding may call the number listed below. STATUS: Open. MATTERS TO BE CONSIDERED: The Commission will consider and act upon the following in open session: Secretary of Labor v. Consol Pennsylvania Coal Co., LLC, Docket No. PENN 2018–0169 (Issues include whether the Judge erred in ruling that a citation was ‘‘significant and substantial’’ and in finding that two other citations should be upheld). Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d). CONTACT PERSON FOR MORE INFORMATION: Emogene Johnson, (202) 434–9935/(202) 708–9300 for TDD Relay/1–800–877– 8339 for toll free. Phone Number for Listening to Meeting: 1–(866) 236–7472. Passcode: 678–100. TIME AND DATE: Authority: 5 U.S.C. 552b. Dated: September 22, 2020. Sarah L. Stewart, Deputy General Counsel. [FR Doc. 2020–21275 Filed 9–24–20; 11:15 am] BILLING CODE 6735–01–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Meeting 10:00 a.m., Wednesday, October 7, 2020. PLACE: This argument will be conducted through a videoconference involving all TIME AND DATE: VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 Commissioners. Any person wishing to listen to the proceeding may call the number listed below. STATUS: Open. MATTERS TO BE CONSIDERED: The Commission will hear oral argument in the matter Secretary of Labor v. Consol Pennsylvania Coal Co., LLC, Docket No. PENN 2018–0169. (Issues include whether the Judge erred in ruling that a citation was ‘‘significant and substantial’’ and in finding that two other citations should be upheld.) Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d). CONTACT PERSON FOR MORE INFORMATION: Emogene Johnson (202) 434–9935/(202) 708–9300 for TDD Relay/1–800–877– 8339 for toll free. Phone Number for Listening to Meeting: 1–(866) 236–7472. Passcode: 678–100. Authority: 5 U.S.C. 552b. Dated: September 22, 2020. Sarah L. Stewart, Deputy General Counsel. [FR Doc. 2020–21277 Filed 9–24–20; 11:15 am] BILLING CODE 6735–01–P Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than October 13, 2020. A. Federal Reserve Bank of New York (Ivan Hurwitz, Senior Vice President) 33 Liberty Street, New York, New York 10045–0001. Comments can also be sent electronically to Comments.applications@ny.frb.org: 1. The Vanguard Group, Inc., Malvern, Pennsylvania, on behalf of itself, its subsidiaries and affiliates, including investment companies registered under the Investment Company Act of 1940, other pooled investment vehicles, and institutional accounts that are sponsored, managed, or advised by Vanguard; to acquire additional voting shares of M&T Bank Corporation, Buffalo, New York, and thereby indirectly acquire additional voting shares of Manufacturers and Traders Trust Company, also of Buffalo, New York, and Wilmington Trust, Wilmington, Delaware. Board of Governors of the Federal Reserve System, September 23, 2020. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2020–21375 Filed 9–25–20; 8:45 am] BILLING CODE P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR § 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60783-60786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21318]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0057; FRS 17100]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the PRA 
that does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before November 
27, 2020. If you anticipate that you will be submitting comments, but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele, (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0057.
    Title: Application for Equipment Authorization, FCC Form 731.
    Form Number: FCC 731.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 11,305 respondents; 24,873 
responses.
    Estimated Time per Response: 8.11 hours (rounded up).
    Frequency of Response: On occasion reporting requirement; one-time 
reporting requirement and third-party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in the 
47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r).
    Total Annual Burden: 201,603 hours.
    Total Annual Costs: $50,155,140.
    Privacy Act Impact Assessment: Yes. The personally identifiable 
information (PII) in this information collection is covered by a 
Privacy Impact Assessment (PIA), Equipment Authorizations Records and 
Files Information System. It is posted at: https://www.fcc.gov/general/privacy-act-information#pia.
    Nature and Extent of Confidentiality: Minimal exemption from the 
Freedom of Information Act (FOIA) under 5 U.S.C. 552(b)(4) and FCC 
rules under 47 CFR 0.457(d) is granted for trade secrets which may be 
submitted as attachments to the application FCC Form 731. No other 
assurances of confidentiality are provided to respondents.
    Needs and Uses: The Commission will submit this revised information 
collection to the Office of Management and Budget (OMB) after this 60-
day comment period to obtain the three-year clearance.
    The December 2019 radiofrequency (RF) exposure Second Report and 
Order, ET Docket Nos. 03-137 and 13-184, FCC 19-126, included 
amendments to rule sections 1.1307, 2.1091, and 2.1093 requiring 
approval by OMB under the Paperwork Reduction Act. Revision to 
information collection effected by amendments to rule sections 2.1091 
and 2.1093 is reported herein. Revision to information collection 
effected by amendments to rule section 1.1307 is reported separately 
under OMB 3060-0004.
    In amendments to rule sections 2.1091 and 2.1093, the Commission 
revised its implementing rules to reflect modern technology and today's 
uses. We replaced a requirement which relied on consideration of the 
rule part under which the equipment would operate, the portion of the 
electromagnetic spectrum where the equipment is designed to operate, 
and technical characteristics of the equipment to determine if the 
equipment would be subject to routine environmental evaluation for RF 
exposure prior to equipment authorization. The rule modifications 
adopted a formula for evaluation of compliance with RF exposure limits 
and determination whether an environmental assessment would need to be 
prepared if the limits are exceeded. The amended rules provide more 
efficient, practical, and consistent RF exposure evaluation procedures 
and mitigation measures to help ensure compliance with the existing RF 
exposure limits.
    RF equipment manufacturers must comply with the requirements of 
rule sections 2.1091 and 2.1093 when submitting an application for 
certification under rule section 2.1033. The changes to rule sections 
2.1091 and 2.1093 will not affect the number of respondents or number 
of responses associated with this information

[[Page 60784]]

collection. Although the new rules will modify the way applicants 
evaluate RF compliance when they apply for equipment authorization, we 
believe that it will take, on average, the same time that it takes for 
applicants to make this evaluation under our existing rules.
    The latest RF exposure Second Report and Order, ET Docket Nos. 03-
137 and 13-184, FCC 19-126, amended rule sections 2.1091 by revising 
paragraphs (b), (c), (d)(1), and (d)(2) and 2.1093 by revising 
paragraphs (b), (c) and (d) to read as follows:

Sec.  2.1091 Radiofrequency Radiation Exposure Evaluation: Mobile 
Devices.

* * * * *
    (b) For purposes of this Section, the definitions in Section 
1.1307(b)(2) of this chapter shall apply. A mobile device is defined as 
a transmitting device designed to be used in other than fixed locations 
and to generally be used in such a way that a separation distance of at 
least 20 centimeters is normally maintained between the RF source's 
radiating structure(s) and the body of the user or nearby persons. In 
this context, the term ``fixed location'' means that the device is 
physically secured at one location and is not able to be easily moved 
to another location while transmitting. Transmitting devices designed 
to be used by consumers or workers that can be easily re-located, such 
as wireless devices associated with a personal desktop computer, are 
considered to be mobile devices if they meet the 20-centimeter 
separation requirement.
    (c)(1) Evaluation of compliance with the exposure limits in Section 
1.1310 of this chapter, and preparation of an EA if the limits are 
exceeded, is necessary for mobile devices with single RF sources having 
either more than an available maximum time-averaged power of 1 mW or 
more than the ERP listed in Table 1 of Section 1.1307(b)(3)(i)(C), 
whichever is greater. For mobile devices not exempt by Section 
1.1307(b)(3)(i)(C) at distances from 20 centimeters to 40 centimeters 
and frequencies from 0.3 GHz to 6 GHz, evaluation of compliance with 
the exposure limits in Section 1.1310 of this chapter is necessary if 
the ERP of the device is greater than ERP20cm in the formula 
below. If the ERP of a single RF source at distances from 20 
centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz is 
not easily obtained, then the available maximum time-averaged power may 
be used (i.e., without consideration of ERP) in comparison with the 
following formula only if the physical dimensions of the radiating 
structure(s) do not exceed the electrical length of [lambda]/4 or if 
the antenna gain is less than that of a half-wave dipole (1.64 linear 
value).
[GRAPHIC] [TIFF OMITTED] TN28SE20.001

    (2) For multiple mobile or portable RF sources within a device 
operating in the same time averaging period, routine environmental 
evaluation is required if the formula in Section 1.1307(b)(3)(ii)(B) of 
this chapter is applied to determine the exemption ratio and the result 
is greater than 1.
    (3) Unless otherwise specified in this chapter, any other single 
mobile or multiple mobile and portable RF source(s) associated with a 
device is exempt from routine environmental evaluation for RF exposure 
prior to equipment authorization or use, except as specified in 
Sections 1.1307(c) and 1.1307(d) of this chapter.
    (d)(1) Applications for equipment authorization of mobile RF 
sources subject to routine environmental evaluation must contain a 
statement confirming compliance with the limits specified in Section 
1.1310 of this chapter as part of their application. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request. In general, maximum time-averaged power 
levels must be used for evaluation. All unlicensed personal 
communications service (PCS) devices and unlicensed NII devices shall 
be subject to the limits for general population/uncontrolled exposure.
    (2)(i) For purposes of analyzing mobile transmitting devices under 
the occupational/controlled criteria specified in Section 1.1310 of 
this chapter, time averaging provisions of the limits may be used in 
conjunction with the maximum duty factor to determine maximum time-
averaged exposure levels under normal operating conditions.
    (2)(ii) Such time averaging provisions based on maximum duty factor 
may not be used in determining exposure levels for devices intended for 
use by consumers in general population/uncontrolled environments as 
defined in Section 1.1310 of this chapter. However, ``source-based'' 
time averaging based on an inherent property of the RF source is 
allowed over a time period not to exceed 30 minutes. An example of this 
is the determination of exposure from a device that uses digital 
technology such as a time-division multiple-access (TDMA) scheme for 
transmission of a signal.
* * * * *
    Section 2.1093 is amended by revising paragraphs (b), (c), and (d) 
to read as follows:

Sec.  2.1093 Radiofrequency Radiation Exposure Evaluation: Portable 
Devices

* * * * *
    (b) For purposes of this section, the definitions in Section 
1.1307(b)(2) of this chapter shall apply. A portable device is defined 
as a transmitting device designed to be used in other than fixed 
locations and to generally be used in such a way that the RF source's 
radiating structure(s) is/are within 20 centimeters of the body of the 
user.
    (c)(1) Evaluation of compliance with the exposure limits in Section 
1.1310 of this chapter, and preparation of an EA if the limits are 
exceeded, is necessary for portable devices having single RF sources 
with more than an available maximum time-averaged power of 1 mW, more 
than the ERP listed in Table 1 of Section 1.1307(b)(3)(i)(C), or more 
than the Pth in the following formula, whichever is greater. The 
following formula shall only be used in conjunction with portable 
devices not exempt by Section 1.1307(b)(3)(i)(C) at distances from 0.5 
centimeters to 20 centimeters and frequencies from 0.3 GHz to 6 GHz.

[[Page 60785]]

[GRAPHIC] [TIFF OMITTED] TN28SE20.002

d = the minimum separation distance (cm) in any direction from any 
part of the device antenna(s) or radiating structure(s) to the body 
of the device user.

    (2) For multiple mobile or portable RF sources within a device 
operating in the same time averaging period, evaluation is required if 
the formula in Section 1.1307(b)(3)(ii)(B) of this chapter is applied 
to determine the exemption ratio and the result is greater than 1.
    (3) Unless otherwise specified in this chapter, any other single 
portable or multiple mobile and portable RF source(s) associated with a 
device is exempt from routine environmental evaluation for RF exposure 
prior to equipment authorization or use, except as specified in 
Sections 1.1307(c) and 1.1307(d) of this chapter.
    (d)(1) Applications for equipment authorization of portable RF 
sources subject to routine environmental evaluation must contain a 
statement confirming compliance with the limits specified in Section 
1.1310 of this chapter as part of their application. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request. The SAR limits specified in Sections 
1.1310(a) through (c) of this chapter shall be used for evaluation of 
portable devices transmitting in the frequency range from 100 kHz to 6 
GHz. Portable devices that transmit at frequencies above 6 GHz shall be 
evaluated in terms of the MPE limits specified in Table 1 of Section 
1.1310(e)(1) of this chapter. A minimum separation distance applicable 
to the operating configurations and exposure conditions of the device 
shall be used for the evaluation. In general, maximum time-averaged 
power levels must be used for evaluation. All unlicensed personal 
communications service (PCS) devices and unlicensed NII devices shall 
be subject to the limits for general population/uncontrolled exposure.
    (2) Evaluation of compliance with the SAR limits can be 
demonstrated by either laboratory measurement techniques or by 
computational modeling. The latter must be supported by adequate 
documentation showing that the numerical method as implemented in the 
computational software has been fully validated; in addition, the 
equipment under test and exposure conditions must be modeled according 
to protocols established by FCC-accepted numerical computation 
standards or available FCC procedures for the specific computational 
method. Guidance regarding SAR measurement techniques can be found in 
the Office of Engineering and Technology (OET) Laboratory Division 
Knowledge Database (KDB). The staff guidance provided in the KDB does 
not necessarily represent the only acceptable methods for measuring RF 
exposure or RF emissions, and is not binding on the Commission or any 
interested party.
    (3) For purposes of analyzing portable RF sources under the 
occupational/controlled SAR criteria specified in Section 1.1310 of 
this chapter, time averaging provisions of the limits may be used in 
conjunction with the maximum duty factor to determine maximum time-
averaged exposure levels under normal operating conditions.
    (4) The time averaging provisions for occupational/controlled SAR 
criteria, based on maximum duty factor, may not be used in determining 
typical exposure levels for portable devices intended for use by 
consumers, such as cellular telephones, that are considered to operate 
in general population/uncontrolled environments as defined in Section 
1.1310 of this chapter. However, ``source-based'' time averaging based 
on an inherent property of the RF source is allowed over a time period 
not to exceed 30 minutes. An example of this would be the determination 
of exposure from a device that uses digital technology such as a time-
division multiple-access (TDMA) scheme for transmission of a signal.
    (5) Visual advisories (such as labeling, embossing, or on an 
equivalent electronic display) on portable devices designed only for 
occupational use can be used as part of an applicant's evidence of the 
device user's awareness of occupational/controlled exposure limits. 
Such visual advisories shall be legible and clearly visible to the user 
from the exterior of the device. Visual advisories must indicate that 
the device is for occupational use only, refer the user to specific 
information on RF exposure, such as that provided in a user manual and 
note that the advisory and its information is required for FCC RF 
exposure compliance. Such instructional material must provide users 
with information on how to use the device and to ensure users are fully 
aware of and able to exercise control over their exposure to satisfy 
compliance with the occupational/controlled exposure limits. A sample 
of the visual advisory, illustrating its location on the device, and 
any instructional material intended to accompany the device when 
marketed, shall be filed with the Commission along with the application 
for equipment authorization. Details of any special training 
requirements pertinent to mitigating and limiting RF exposure should 
also be submitted. Holders of grants for portable devices to be used in 
occupational settings are encouraged, but not required, to coordinate 
with end-user organizations to ensure appropriate RF safety training.
    (6) General population/uncontrolled exposure limits defined in 
Section 1.1310 of this chapter apply to portable devices intended for 
use by consumers or persons who are exposed as a consequence of their 
employment and may not be fully aware of the potential for exposure or 
cannot exercise control over their exposure. No communication with the 
consumer including either visual advisories or manual instructions

[[Page 60786]]

will be considered sufficient to allow consumer portable devices to be 
evaluated subject to limits for occupational/controlled exposure 
specified in Section 1.1310 of this chapter.
* * * * *

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-21318 Filed 9-25-20; 8:45 am]
BILLING CODE 6712-01-P


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