Information Collection Being Submitted for Review and Approval to Office of Management and Budget, 81468-81472 [2020-27641]
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Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices
IV. Statutory and Executive Order
Reviews
FEDERAL COMMUNICATIONS
COMMISSION
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
[OMB 3060–0004, FRS 17299]
A. Executive Order 12866: Regulatory
Planning and Review, Executive Order
13563: Improving Regulation and
Regulatory Review, and Executive Order
13891: Promoting the Rule of Law
Through Improved Agency Guidance
Documents
This draft compliance guide was
submitted to the Office of Management
and Budget (OMB) for review under
Executive Orders 12866 (58 FR 51735,
October 4, 1993), 13563 (76 FR 3821,
January 21, 2011), and 13891 (84 FR
55235, October 9, 2019). Any changes
made in response to OMB
recommendations have been
documented in the docket for this action
as required by section 6(a)(3)(E) of
Executive Order 12866.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA, 44 U.S.C. 3501 et seq. Burden is
defined in 5 CFR 1320.3(b). The
information collection activities
associated with existing chemical
SNURs are already approved under
OMB control number 2070–0038 (EPA
ICR No. 1188); and the information
collection activities associated with
export notifications are already
approved under OMB control number
2070–0030 (EPA ICR No. 0795).
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under the
PRA, unless it has been approved by
OMB and displays a currently valid
OMB control number. The OMB control
numbers for EPA’s regulations in Title
40 of the CFR, after appearing in the
Federal Register, are listed in 40 CFR,
part 9, and included on the related
collection instrument, or form, as
applicable.
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Authority: 15 U.S.C. 2601 et seq.
Dated: December 10, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2020–27600 Filed 12–15–20; 8:45 am]
BILLING CODE 6560–50–P
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Information Collection Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’ The Commission 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 comments and
recommendations for the proposed
information collection should be
submitted on or before January 15, 2021.
ADDRESSES: Comments should be sent to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Nicole Ongele,
FCC, via email to PRA@fcc.gov and to
Nicole.Ongele@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
SUMMARY:
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section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) 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; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) 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.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–0004.
Title: Sections 1.1307 and 1.1311,
Guidelines for Evaluating the
Environmental Effects of
Radiofrequency Exposure.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
households, Business or other for-profit,
Not-for-profit institutions, and State,
Local or Tribal government.
Number of Respondents and
Responses: 335,441 Respondents;
335,441 Responses.
Estimated Time per Response: 0.0833
hours (5 minutes)–20 hours.
Frequency of Response: On occasion
reporting requirement and third-party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
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authority for this Information collection
is contained in 47 U.S.C. 154(i), 302,
303, 303(r), and 307.
Total Annual Burden: 41,997 hours.
Total Annual Costs: $2,933,431.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is a minimal exemption from the
Freedom of Information Act (FOIA), 5
U.S.C. 552(b)(4), and 47 CFR 0.459 of
the Commission’s rules, that is granted
for trade secrets and privileged or
confidential commercial or financial
information, which may be submitted to
the Commission as part of the
documentation of test results. 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 in order to obtain the
full three-year clearance.
This information collection is a result
of responsibility placed on the FCC by
the National Environmental Policy Act
(NEPA) of 1969. NEPA requires that
each federal agency evaluate the impact
of ‘‘major actions significantly affecting
the quality of the human environment.’’
It is the FCC’s opinion that this is the
most efficient and reasonable method of
complying with NEPA with regard to
the environmental issue of
radiofrequency radiation from FCCregulated transmitters.
The December 2019 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 section 1.1307 is reported herein.
Revision to information collection
effected by amendments to rule sections
2.1091 and 2.1093 is reported separately
under OMB Information Collection
3060–0057.
In amendments to rule section 1.1307,
the Commission revised its
implementing rules to reflect modern
technology and today’s uses. The
Commission streamlined the criteria for
determining when an applicant or
licensee is exempt from our radio
frequency (RF) exposure evaluation
criteria by replacing service-based
exemptions with a formula-based
approach. For those applicants and
licensees who do not qualify for an
exemption, the Commission provided
more flexibility to establish compliance
with our RF exposure limits. The
Commission also specified methods that
RF equipment operators can use to
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mitigate the risk of excess exposure,
both to members of the public and
trained workers (such as training,
supervision, and signage). 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.
Most of the changes to rule section
1.1307 represent clarification or
simplification of existing requirements
and are not expected to significantly
increase or decrease the estimated
burden to respondents or to the Federal
government. To address components of
the amended requirements that were not
included in previous burden estimates,
isolated revisions were made to the
burden estimates as summarized in the
supporting statement of the Information
Collection. To update burden estimates
based on most recently available data,
the Commission also adjusted the total
number of respondents/responses, the
total annual hourly burden, and the
total annual costs from the previous
estimates, based on licensing data for
calendar year 2019.
The latest RF exposure Second Report
and Order, ET Docket Nos. 03–137 and
13–184, FCC 19–126, amended rule
section 1.1307 by revising paragraph (b)
to read as follows:
§ 1.1307 Actions that may have a
significant environmental effect, for
which Environmental Assessments
(EA) must be prepared.
*
*
*
*
*
(b)(1) Requirements. (i) With respect
to the limits on human exposure to RF
provided in Section 1.1310 of this
chapter, applicants to the Commission
for the grant or modification of
construction permits, licenses or
renewals thereof, temporary authorities,
equipment authorizations, or any other
authorizations for radiofrequency
sources must either:
(A) Determine that they qualify for an
exemption pursuant to Section
1.1307(b)(3);
(B) Prepare an evaluation of the
human exposure to RF radiation
pursuant to Section 1.1310 and include
in the application a statement
confirming compliance with the limits
in Section 1.1310; or
(C) Prepare an Environmental
Assessment if those RF sources would
cause human exposure to levels of RF
radiation in excess of the limits in
Section 1.1310.
(ii) Compliance with these limits for
fixed RF source(s) may be accomplished
by use of mitigation actions, as provided
in Section 1.1307(b)(4). Upon request by
the Commission, the party seeking or
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holding such authorization must submit
technical information showing the basis
for such compliance, either by
exemption or evaluation.
Notwithstanding the preceding
requirements, in the event that RF
sources cause human exposure to levels
of RF radiation in excess of the limits in
Section 1.1310 of this chapter, such RF
exposure exemptions and evaluations
are not deemed sufficient to show that
there is no significant effect on the
quality of the human environment or
that the RF sources are categorically
excluded from environmental
processing.
(2) Definitions. For the purposes of
this section, the following definitions
shall apply.
Available maximum time-averaged
power for an RF source is the maximum
available RF power (into a matched
load) as averaged over a time-averaging
period;
Category One is any spatial region
that is compliant with the general
population exposure limit with
continuous exposure or source-based
time-averaged exposure;
Category Two is any spatial region
where the general population exposure
limit is exceeded but that is compliant
with the occupational exposure limit
with continuous exposure;
Category Three is any spatial region
where the occupational exposure limit
is exceeded but by no more than ten
times the limit;
Category Four is any spatial region
where the exposure is more than ten
times the occupational exposure limit or
where there is a possibility for serious
injury on contact.
Continuous exposure refers to the
maximum time-averaged exposure at a
given location for an RF source and
assumes that exposure may take place
indefinitely. The exposure limits in
Section 1.1310 of this chapter are used
to establish the spatial regions where
mitigation measures are necessary
assuming continuous exposure as
prescribed in Section 1.1307(b)(4) of
this chapter.
Effective Radiated Power (ERP) is the
product of the maximum antenna gain
which is the largest far-field power gain
relative to a dipole in any direction for
each transverse polarization component,
and the maximum delivered timeaveraged power which is the largest net
power delivered or supplied to an
antenna as averaged over a timeaveraging period; ERP is summed over
two polarizations when present;
Exemption for (an) RF source(s) is
solely from the obligation to perform a
routine environmental evaluation to
demonstrate compliance with the RF
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exposure limits in Section 1.1310 of this
chapter; it is not exemption from the
equipment authorization procedures
described in Part 2 of this chapter, not
exemption from general obligations of
compliance with the RF exposure limits
in Section 1.1310 of this chapter, and
not exemption from determination of
whether there is no significant effect on
the quality of the human environment
under Section 1.1306 of this chapter.
Fixed RF source is one that is
physically secured at one location, even
temporarily, and is not able to be easily
moved to another location while
radiating;
Mobile device is as defined in Section
2.1091(b) of this chapter;
Plane-wave equivalent power density
is the square of the root-mean-square
(rms) electric field strength divided by
the impedance of free space (377 ohms).
Portable device is as defined in
Section 2.1093(b) of this chapter;
Positive access control is mitigation
by proactive preclusion of unauthorized
access to the region surrounding an RF
source where the continuous exposure
limit for the general population is
exceeded. Examples of such controls
include locked doors, ladder cages, or
effective fences, as well as enforced
prohibition of public access to external
surfaces of buildings. However, it does
not include natural barriers or other
access restrictions that did not require
any action on the part of the licensee or
property management.
Radiating structure is an unshielded
RF current-carrying conductor that
generates an RF reactive near electric or
magnetic field and/or radiates an RF
electromagnetic wave. It is the
component of an RF source that
transmits, generates, or reradiates an RF
fields, such as an antenna, aperture,
coil, or plate.
RF source is Commission-regulated
equipment that transmits or generates
RF fields or waves, whether
intentionally or unintentionally, via one
or more radiating structure(s). Multiple
RF sources may exist in a single device.
Separation distance (variable R in
Table 1) is the minimum distance in any
direction from any part of a radiating
structure and any part of the body of a
nearby person;
Source-based time averaging is an
average of instantaneous exposure over
a time-averaging period that is based on
an inherent property or duty-cycle of a
device to ensure compliance with the
continuous exposure limits;
Time-averaging period is a time
period not to exceed 30 minutes for
fixed RF sources or a time period
inherent from device transmission
characteristics not to exceed 30 minutes
for mobile and portable RF sources;
Transient individual is an untrained
person in a location where
occupational/controlled limits apply,
and he or she must be made aware of
the potential for exposure and be
supervised by trained personnel
pursuant to Section 1.1307(b)(4) of this
chapter where use of time averaging is
required to ensure compliance with the
general population exposure limits in
Section 1.1310 of this chapter.
(3) Determination of exemption.
(i) For single RF sources (i.e., any
single fixed RF source, mobile device, or
portable device, as defined in paragraph
(b)(2) of this section): A single RF source
is exempt if:
(A) The available maximum timeaveraged power is no more than 1 mW,
regardless of separation distance. This
exemption may not be used in
conjunction with other exemption
criteria other than those in paragraph
(b)(3)(ii)(A) of this section. Medical
implant devices may only use this
exemption and that in paragraph
(b)(3)(ii)(A);
(B) Tr the available maximum timeaveraged power or effective radiated
power (ERP), whichever is greater, is
less than or equal to the threshold Pth
(mW) described in the following
formula. This method shall only be used
at separation distances (cm) from 0.5
centimeters to 40 centimeters and at
frequencies from 0.3 GHz to 6 GHz
(inclusive). Pth is given by:
(C) Or using Table 1 and the
minimum separation distance (R in
meters) from the body of a nearby
person for the frequency (f in MHz) at
which the source operates, the ERP
(watts) is no more than the calculated
value prescribed for that frequency. For
the exemption in Table 1 to apply, R
must be at least l/2p, where l is the
free-space operating wavelength in
meters. If the ERP of a single RF source
is not easily obtained, then the available
maximum time-averaged power may be
used in lieu of ERP 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).
TABLE 1 TO § 1.1307(b)(3)(i)(C)—SINGLE RF SOURCES SUBJECT TO
ROUTINE ENVIRONMENTAL EVALUA-
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TION
RF source
frequency
(MHz)
0.3–1.34 ....................
1.34–30 .....................
30–300 ......................
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Threshold
ERP
(watts)
1,920 R2.
3,450 R2/f2.
3.83 R2.
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between any portion of a radiating
structure operating and the nearest
portion of any other radiating structure
in the same device, except if the sum of
multiple sources is less than 1 mW
during the time-averaging period, in
which case they may be treated as a
single source (separation is not
required). This exemption may not be
used in conjunction with other
exemption criteria other than those is
paragraph 1.1307(b)(3)(i)(A) of this
section. Medical implant devices may
only use this exemption and that in
paragraph 1.1307(b)(3)(i)(A).
(B) In the case of fixed RF sources
operating in the same time-averaging
period, or of multiple mobile or portable
RF sources within a device operating in
the same time averaging period, if the
sum of the fractional contributions to
the applicable thresholds is less than or
equal to 1 as indicated in the following
equation.
extent necessary to ensure compliance
with our exposure limits, including the
implementation of an RF safety plan,
restriction of access to those RF sources,
and disclosure of spatial regions where
exposure limits are exceeded.
(ii) Category One—INFORMATION:
No mitigation actions are required when
the RF source does not cause
continuous or source-based timeaveraged exposure in excess of the
general population limit in Section
1.1310 of this part. Optionally a green
‘‘INFORMATION’’ sign may offer
information to those persons who might
be approaching RF sources. This
optional sign, when used, must include
at least the following information:
Appropriate signal word
‘‘INFORMATION’’ and associated color
(green), an explanation of the safety
precautions to be observed when closer
to the antenna than the information
sign, a reminder to obey all postings and
boundaries (if higher categories are
nearby), up-to-date licensee (or
operator) contact information (if higher
categories are nearby), and a place to get
additional information (such as a
website, if no higher categories are
nearby).
(iii) Category Two—NOTICE:
Mitigation actions are required in the
form of signs and positive access control
surrounding the boundary where the
continuous exposure limit is exceeded
for the general population, with the
appropriate signal word ‘‘NOTICE’’ and
associated color (blue) on the signs.
Signs must contain the components
discussed in paragraph (b)(4)(vi) of this
section. Under certain controlled
conditions, such as on a rooftop with
limited access, a sign attached directly
to the surface of an antenna will be
considered sufficient if the sign
specifies a minimum approach distance
and is readable at this separation
distance and at locations required for
compliance with the general population
exposure limit in Section 1.1310 of this
part. Appropriate training is required for
any occupational personnel with access
to controlled areas within restrictive
barriers where the general population
exposure limit is exceeded, and
transient individuals must be
supervised by trained occupational
personnel upon entering any of these
areas. Use of time averaging is required
for transient individuals to ensure
compliance with the general population
exposure limit.
(iv) Category Three—CAUTION: Signs
(with the appropriate signal word
‘‘CAUTION’’ and associated color
(yellow) on the signs), controls, or
indicators (e.g., chains, railings,
contrasting paint, diagrams) are required
(in addition to the positive access
control established for Category Two)
surrounding the area in which the
exposure limit for occupational
personnel in a controlled environment
is exceeded by no more than a factor of
ten. Signs must contain the components
discussed in paragraph (b)(4)(vi) of this
section. If the boundaries between
Category Two and Three are such that
placement of both Category Two and
Three signs would be in the same
location, then the Category Two sign is
optional. Under certain controlled
conditions, such as on a rooftop with
limited access, a sign may be attached
directly to the surface of an antenna
within a controlled environment if it
specifies the minimum approach
distance and is readable at this distance
and at locations required for compliance
(A) The available maximum timeTABLE 1 TO § 1.1307(b)(3)(i)(C)—SINGLE RF SOURCES SUBJECT TO averaged power of each source is no
ROUTINE ENVIRONMENTAL EVALUA- more than 1 mW and there is a
separation distance of two centimeters
TION—Continued
RF source
frequency
(MHz)
300–1,500 .................
1,500–100,000 ..........
Threshold
ERP
(watts)
0.0128 R2f.
19.2R2.
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(ii) For multiple RF sources. Multiple
RF sources are exempt if:
Where
a = number of fixed, mobile, or portable RF
sources claiming exemption using
paragraph (b)(3)(i)(B) of this section for
Pth, including existing exempt
transmitters and those being added.
b = number of fixed, mobile, or portable RF
sources claiming exemption using
paragraph (b)(3)(i)(C) of this section for
Threshold ERP, including existing
exempt transmitters and those being
added.
c = number of existing fixed, mobile, or
portable RF sources with known
evaluation for the specified minimum
distance including existing evaluated
transmitters.
Pi = the available maximum time-averaged
power or the ERP, whichever is greater,
for fixed, mobile, or portable RF source
i at a distance between 0.5 cm and 40 cm
(inclusive).
Pth,i = the exemption threshold power (Pth)
according to paragraph (b)(3)(i)(B) of this
section for fixed, mobile, or portable RF
source i.
ERPj = the ERP of fixed, mobile, or portable
RF source j.
ERPth,j = exemption threshold ERP for fixed,
mobile, or portable RF source j, at a
distance of at least l/2p according to the
applicable formula of paragraph
(b)(3)(i)(C) of this section.
Evaluatedk = the maximum reported SAR or
MPE of fixed, mobile, or portable RF
source k either in the device or at the
transmitter site from an existing
evaluation at the location of exposure.
Exposure Limitk = either the general
population/uncontrolled maximum
permissible exposure (MPE) or specific
absorption rate (SAR) limit for each
fixed, mobile, or portable RF source k, as
applicable from Section 1.1310 of this
chapter.
(4) Mitigation. (i) As provided in
paragraphs (b)(4)(ii) through (vi) of this
section, specific mitigation actions are
required for fixed RF sources to the
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with the occupational exposure limit in
Section 1.1310 of this part. If signs are
not used at the occupational exposure
limit boundary, controls or indicators
(e.g., chains, railings, contrasting paint,
diagrams, etc.) must designate the
boundary where the occupational
exposure limit is exceeded.
Additionally, appropriate training is
required for any occupational personnel
with access to the controlled area where
the general population exposure limit is
exceeded, and transient individuals
must be supervised by trained personnel
upon entering any of these areas. Use of
time averaging is required for transient
individuals to ensure compliance with
the general population exposure limit.
Further mitigation by reducing exposure
time in accord with six-minute time
averaging is required for occupational
personnel in the area in which the
occupational exposure limit is
exceeded. However, proper use of RF
personal protective equipment may be
considered sufficient in lieu of time
averaging for occupational personnel in
the areas in which the occupational
exposure limit is exceeded. If such
procedures or power reduction, and
therefore Category reduction, are not
feasible, then lockout/tagout procedures
in 29 CFR Section 1910.147 must be
followed.
(v) Category Four—WARNING/
DANGER: Where the occupational limit
could be exceeded by a factor of more
than ten, ‘‘WARNING’’ signs with the
associated color (orange), controls, or
indicators (e.g., chains, railings,
contrasting paint, diagrams) are required
(in addition to the positive access
control established for Category Two)
surrounding the area in which the
occupational exposure limit in a
controlled environment is exceeded by
more than a factor of ten Signs must
contain the components discussed in
paragraph (b)(4)(vi) of this section.
‘‘DANGER’’ signs with the associated
color (red) are required where
immediate and serious injury will occur
on contact, in addition to positive
access control, regardless of mitigation
actions taken in Categories Two or
Three. If the boundaries between
Category Three and Four are such that
placement of both Category Three and
Four signs would be in the same
location, then the Category Three sign is
optional. No access is permitted without
Category reduction. If power reduction,
and therefore Category reduction, is not
feasible, then lockout/tagout procedures
in 29 CFR Section 1910.147 must be
followed.
(vi) RF exposure advisory signs must
be viewable and readable from the
boundary where the applicable
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exposure limits are exceeded, pursuant
to 29 CFR Section 1910.145, and
include at least the following five
components:
(A) Appropriate signal word,
associated color {i.e., ‘‘DANGER’’ (red),
‘‘WARNING’’ (orange), ‘‘CAUTION,’’
(yellow) ‘‘NOTICE’’ (blue)};
(B) RF energy advisory symbol;
(C) An explanation of the RF source;
(D) Behavior necessary to comply
with the exposure limits; and
(E) Up-to-date contact information.
(5) Responsibility for compliance. (i)
In general, when the exposure limits
specified in Section 1.1310 of this part
are exceeded in an accessible area due
to the emissions from multiple fixed RF
sources, actions necessary to bring the
area into compliance or preparation of
an Environmental Assessment (EA) as
specified in Section 1.1311 of this part
are the shared responsibility of all
licensees whose RF sources produce, at
the area in question, levels that exceed
5% of the applicable exposure limit
proportional to power. However, a
licensee demonstrating that its facility
was not the most recently modified or
newly-constructed facility at the site
establishes a rebuttable presumption
that such licensee should not be liable
in an enforcement proceeding relating to
the period of non-compliance. Field
strengths must be squared to be
proportional to SAR or power density.
Specifically, these compliance
requirements apply if the square of the
electric or magnetic field strength
exposure level applicable to a particular
RF source exceeds 5% of the square of
the electric or magnetic field strength
limit at the area in question where the
levels due to multiple fixed RF sources
exceed the exposure limit. Site owners
and managers are expected to allow
applicants and licensees to take
reasonable steps to comply with the
requirements contained in paragraph
1.1307(b)(1) of this section and, where
feasible, should encourage co-location
of RF sources and common solutions for
controlling access to areas where the RF
exposure limits contained in Section
1.1310 of this part might be exceeded.
Applicants and licensees are required to
share technical information necessary to
ensure joint compliance with the
exposure limits, including informing
other licensees at a site in question of
evaluations indicating possible noncompliance with the exposure limits.
(ii) Applicants for proposed RF
sources that would cause noncompliance with the limits specified in
Section 1.1310 at an accessible area
previously in compliance must submit
an EA if emissions from the applicant’s
RF source would produce, at the area in
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
question, levels that exceed 5% of the
applicable exposure limit. Field
strengths must be squared if necessary
to be proportional to SAR or power
density.
(iii) Renewal applicants whose RF
sources would cause non-compliance
with the limits specified in Section
1.1310 at an accessible area previously
in compliance must submit an EA if
emissions from the applicant’s RF
source would produce, at the area in
question, levels that exceed 5% of the
applicable exposure limit. Field
strengths must be squared if necessary
to be proportional to SAR or power
density.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–27641 Filed 12–15–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0910; FRS 17300]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
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 (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
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 control
SUMMARY:
E:\FR\FM\16DEN1.SGM
16DEN1
Agencies
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81468-81472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27641]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0004, FRS 17299]
Information Collection Being Submitted for Review and Approval to
Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal
Communications Commission (FCC or the Commission) invites the general
public and other Federal Agencies to take this opportunity to comment
on the following information collection. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.'' The Commission 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 comments and recommendations for the proposed
information collection should be submitted on or before January 15,
2021.
ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
www.reginfo.gov per the above instructions for it to be considered. In
addition to submitting in www.reginfo.gov also send a copy of your
comment on the proposed information collection to Nicole Ongele, FCC,
via email to [email protected] and to [email protected]. Include in the
comments the OMB control number as shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Nicole Ongele at (202) 418-2991.
To view a copy of this information collection request (ICR) submitted
to OMB: (1) Go to the web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce
paperwork burdens, as required by the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501-3520), the FCC invited the general public and
other Federal Agencies to take this opportunity to comment on the
following information collection. Comments are requested concerning:
(a) 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; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) 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. Pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the FCC seeks specific comment on how it might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
OMB Control Number: 3060-0004.
Title: Sections 1.1307 and 1.1311, Guidelines for Evaluating the
Environmental Effects of Radiofrequency Exposure.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households, Business or other for-
profit, Not-for-profit institutions, and State, Local or Tribal
government.
Number of Respondents and Responses: 335,441 Respondents; 335,441
Responses.
Estimated Time per Response: 0.0833 hours (5 minutes)-20 hours.
Frequency of Response: On occasion reporting requirement and third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory
[[Page 81469]]
authority for this Information collection is contained in 47 U.S.C.
154(i), 302, 303, 303(r), and 307.
Total Annual Burden: 41,997 hours.
Total Annual Costs: $2,933,431.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is a minimal exemption
from the Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(4), and 47
CFR 0.459 of the Commission's rules, that is granted for trade secrets
and privileged or confidential commercial or financial information,
which may be submitted to the Commission as part of the documentation
of test results. 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 in order to obtain the full three-year clearance.
This information collection is a result of responsibility placed on
the FCC by the National Environmental Policy Act (NEPA) of 1969. NEPA
requires that each federal agency evaluate the impact of ``major
actions significantly affecting the quality of the human environment.''
It is the FCC's opinion that this is the most efficient and reasonable
method of complying with NEPA with regard to the environmental issue of
radiofrequency radiation from FCC-regulated transmitters.
The December 2019 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 section 1.1307 is reported herein. Revision to
information collection effected by amendments to rule sections 2.1091
and 2.1093 is reported separately under OMB Information Collection
3060-0057.
In amendments to rule section 1.1307, the Commission revised its
implementing rules to reflect modern technology and today's uses. The
Commission streamlined the criteria for determining when an applicant
or licensee is exempt from our radio frequency (RF) exposure evaluation
criteria by replacing service-based exemptions with a formula-based
approach. For those applicants and licensees who do not qualify for an
exemption, the Commission provided more flexibility to establish
compliance with our RF exposure limits. The Commission also specified
methods that RF equipment operators can use to mitigate the risk of
excess exposure, both to members of the public and trained workers
(such as training, supervision, and signage). 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.
Most of the changes to rule section 1.1307 represent clarification
or simplification of existing requirements and are not expected to
significantly increase or decrease the estimated burden to respondents
or to the Federal government. To address components of the amended
requirements that were not included in previous burden estimates,
isolated revisions were made to the burden estimates as summarized in
the supporting statement of the Information Collection. To update
burden estimates based on most recently available data, the Commission
also adjusted the total number of respondents/responses, the total
annual hourly burden, and the total annual costs from the previous
estimates, based on licensing data for calendar year 2019.
The latest RF exposure Second Report and Order, ET Docket Nos. 03-
137 and 13-184, FCC 19-126, amended rule section 1.1307 by revising
paragraph (b) to read as follows:
Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EA) must be prepared.
* * * * *
(b)(1) Requirements. (i) With respect to the limits on human
exposure to RF provided in Section 1.1310 of this chapter, applicants
to the Commission for the grant or modification of construction
permits, licenses or renewals thereof, temporary authorities, equipment
authorizations, or any other authorizations for radiofrequency sources
must either:
(A) Determine that they qualify for an exemption pursuant to
Section 1.1307(b)(3);
(B) Prepare an evaluation of the human exposure to RF radiation
pursuant to Section 1.1310 and include in the application a statement
confirming compliance with the limits in Section 1.1310; or
(C) Prepare an Environmental Assessment if those RF sources would
cause human exposure to levels of RF radiation in excess of the limits
in Section 1.1310.
(ii) Compliance with these limits for fixed RF source(s) may be
accomplished by use of mitigation actions, as provided in Section
1.1307(b)(4). Upon request by the Commission, the party seeking or
holding such authorization must submit technical information showing
the basis for such compliance, either by exemption or evaluation.
Notwithstanding the preceding requirements, in the event that RF
sources cause human exposure to levels of RF radiation in excess of the
limits in Section 1.1310 of this chapter, such RF exposure exemptions
and evaluations are not deemed sufficient to show that there is no
significant effect on the quality of the human environment or that the
RF sources are categorically excluded from environmental processing.
(2) Definitions. For the purposes of this section, the following
definitions shall apply.
Available maximum time-averaged power for an RF source is the
maximum available RF power (into a matched load) as averaged over a
time-averaging period;
Category One is any spatial region that is compliant with the
general population exposure limit with continuous exposure or source-
based time-averaged exposure;
Category Two is any spatial region where the general population
exposure limit is exceeded but that is compliant with the occupational
exposure limit with continuous exposure;
Category Three is any spatial region where the occupational
exposure limit is exceeded but by no more than ten times the limit;
Category Four is any spatial region where the exposure is more than
ten times the occupational exposure limit or where there is a
possibility for serious injury on contact.
Continuous exposure refers to the maximum time-averaged exposure at
a given location for an RF source and assumes that exposure may take
place indefinitely. The exposure limits in Section 1.1310 of this
chapter are used to establish the spatial regions where mitigation
measures are necessary assuming continuous exposure as prescribed in
Section 1.1307(b)(4) of this chapter.
Effective Radiated Power (ERP) is the product of the maximum
antenna gain which is the largest far-field power gain relative to a
dipole in any direction for each transverse polarization component, and
the maximum delivered time-averaged power which is the largest net
power delivered or supplied to an antenna as averaged over a time-
averaging period; ERP is summed over two polarizations when present;
Exemption for (an) RF source(s) is solely from the obligation to
perform a routine environmental evaluation to demonstrate compliance
with the RF
[[Page 81470]]
exposure limits in Section 1.1310 of this chapter; it is not exemption
from the equipment authorization procedures described in Part 2 of this
chapter, not exemption from general obligations of compliance with the
RF exposure limits in Section 1.1310 of this chapter, and not exemption
from determination of whether there is no significant effect on the
quality of the human environment under Section 1.1306 of this chapter.
Fixed RF source is one that is physically secured at one location,
even temporarily, and is not able to be easily moved to another
location while radiating;
Mobile device is as defined in Section 2.1091(b) of this chapter;
Plane-wave equivalent power density is the square of the root-mean-
square (rms) electric field strength divided by the impedance of free
space (377 ohms).
Portable device is as defined in Section 2.1093(b) of this chapter;
Positive access control is mitigation by proactive preclusion of
unauthorized access to the region surrounding an RF source where the
continuous exposure limit for the general population is exceeded.
Examples of such controls include locked doors, ladder cages, or
effective fences, as well as enforced prohibition of public access to
external surfaces of buildings. However, it does not include natural
barriers or other access restrictions that did not require any action
on the part of the licensee or property management.
Radiating structure is an unshielded RF current-carrying conductor
that generates an RF reactive near electric or magnetic field and/or
radiates an RF electromagnetic wave. It is the component of an RF
source that transmits, generates, or reradiates an RF fields, such as
an antenna, aperture, coil, or plate.
RF source is Commission-regulated equipment that transmits or
generates RF fields or waves, whether intentionally or unintentionally,
via one or more radiating structure(s). Multiple RF sources may exist
in a single device.
Separation distance (variable R in Table 1) is the minimum distance
in any direction from any part of a radiating structure and any part of
the body of a nearby person;
Source-based time averaging is an average of instantaneous exposure
over a time-averaging period that is based on an inherent property or
duty-cycle of a device to ensure compliance with the continuous
exposure limits;
Time-averaging period is a time period not to exceed 30 minutes for
fixed RF sources or a time period inherent from device transmission
characteristics not to exceed 30 minutes for mobile and portable RF
sources;
Transient individual is an untrained person in a location where
occupational/controlled limits apply, and he or she must be made aware
of the potential for exposure and be supervised by trained personnel
pursuant to Section 1.1307(b)(4) of this chapter where use of time
averaging is required to ensure compliance with the general population
exposure limits in Section 1.1310 of this chapter.
(3) Determination of exemption.
(i) For single RF sources (i.e., any single fixed RF source, mobile
device, or portable device, as defined in paragraph (b)(2) of this
section): A single RF source is exempt if:
(A) The available maximum time-averaged power is no more than 1 mW,
regardless of separation distance. This exemption may not be used in
conjunction with other exemption criteria other than those in paragraph
(b)(3)(ii)(A) of this section. Medical implant devices may only use
this exemption and that in paragraph (b)(3)(ii)(A);
(B) Tr the available maximum time-averaged power or effective
radiated power (ERP), whichever is greater, is less than or equal to
the threshold Pth (mW) described in the following formula. This method
shall only be used at separation distances (cm) from 0.5 centimeters to
40 centimeters and at frequencies from 0.3 GHz to 6 GHz (inclusive).
Pth is given by:
[GRAPHIC] [TIFF OMITTED] TN16DE20.002
(C) Or using Table 1 and the minimum separation distance (R in
meters) from the body of a nearby person for the frequency (f in MHz)
at which the source operates, the ERP (watts) is no more than the
calculated value prescribed for that frequency. For the exemption in
Table 1 to apply, R must be at least [lambda]/2[pi], where [lambda] is
the free-space operating wavelength in meters. If the ERP of a single
RF source is not easily obtained, then the available maximum time-
averaged power may be used in lieu of ERP 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).
Table 1 to Sec. 1.1307(b)(3)(i)(C)--Single RF Sources Subject to
Routine Environmental Evaluation
------------------------------------------------------------------------
RF source frequency (MHz) Threshold ERP (watts)
------------------------------------------------------------------------
0.3-1.34.................................. 1,920 R\2\.
1.34-30................................... 3,450 R\2\/f\2\.
30-300.................................... 3.83 R\2\.
[[Page 81471]]
300-1,500................................. 0.0128 R\2\f.
1,500-100,000............................. 19.2R\2\.
------------------------------------------------------------------------
(ii) For multiple RF sources. Multiple RF sources are exempt if:
(A) The available maximum time-averaged power of each source is no
more than 1 mW and there is a separation distance of two centimeters
between any portion of a radiating structure operating and the nearest
portion of any other radiating structure in the same device, except if
the sum of multiple sources is less than 1 mW during the time-averaging
period, in which case they may be treated as a single source
(separation is not required). This exemption may not be used in
conjunction with other exemption criteria other than those is paragraph
1.1307(b)(3)(i)(A) of this section. Medical implant devices may only
use this exemption and that in paragraph 1.1307(b)(3)(i)(A).
(B) In the case of fixed RF sources operating in the same time-
averaging period, or of multiple mobile or portable RF sources within a
device operating in the same time averaging period, if the sum of the
fractional contributions to the applicable thresholds is less than or
equal to 1 as indicated in the following equation.
[GRAPHIC] [TIFF OMITTED] TN16DE20.003
Where
a = number of fixed, mobile, or portable RF sources claiming
exemption using paragraph (b)(3)(i)(B) of this section for Pth,
including existing exempt transmitters and those being added.
b = number of fixed, mobile, or portable RF sources claiming
exemption using paragraph (b)(3)(i)(C) of this section for Threshold
ERP, including existing exempt transmitters and those being added.
c = number of existing fixed, mobile, or portable RF sources with
known evaluation for the specified minimum distance including
existing evaluated transmitters.
Pi = the available maximum time-averaged power or the ERP, whichever
is greater, for fixed, mobile, or portable RF source i at a distance
between 0.5 cm and 40 cm (inclusive).
Pth,i = the exemption threshold power (Pth) according to paragraph
(b)(3)(i)(B) of this section for fixed, mobile, or portable RF
source i.
ERPj = the ERP of fixed, mobile, or portable RF source j.
ERPth,j = exemption threshold ERP for fixed, mobile, or portable RF
source j, at a distance of at least [lambda]/2[pi] according to the
applicable formula of paragraph (b)(3)(i)(C) of this section.
Evaluatedk = the maximum reported SAR or MPE of fixed, mobile, or
portable RF source k either in the device or at the transmitter site
from an existing evaluation at the location of exposure.
Exposure Limitk = either the general population/uncontrolled maximum
permissible exposure (MPE) or specific absorption rate (SAR) limit
for each fixed, mobile, or portable RF source k, as applicable from
Section 1.1310 of this chapter.
(4) Mitigation. (i) As provided in paragraphs (b)(4)(ii) through
(vi) of this section, specific mitigation actions are required for
fixed RF sources to the extent necessary to ensure compliance with our
exposure limits, including the implementation of an RF safety plan,
restriction of access to those RF sources, and disclosure of spatial
regions where exposure limits are exceeded.
(ii) Category One--INFORMATION: No mitigation actions are required
when the RF source does not cause continuous or source-based time-
averaged exposure in excess of the general population limit in Section
1.1310 of this part. Optionally a green ``INFORMATION'' sign may offer
information to those persons who might be approaching RF sources. This
optional sign, when used, must include at least the following
information: Appropriate signal word ``INFORMATION'' and associated
color (green), an explanation of the safety precautions to be observed
when closer to the antenna than the information sign, a reminder to
obey all postings and boundaries (if higher categories are nearby), up-
to-date licensee (or operator) contact information (if higher
categories are nearby), and a place to get additional information (such
as a website, if no higher categories are nearby).
(iii) Category Two--NOTICE: Mitigation actions are required in the
form of signs and positive access control surrounding the boundary
where the continuous exposure limit is exceeded for the general
population, with the appropriate signal word ``NOTICE'' and associated
color (blue) on the signs. Signs must contain the components discussed
in paragraph (b)(4)(vi) of this section. Under certain controlled
conditions, such as on a rooftop with limited access, a sign attached
directly to the surface of an antenna will be considered sufficient if
the sign specifies a minimum approach distance and is readable at this
separation distance and at locations required for compliance with the
general population exposure limit in Section 1.1310 of this part.
Appropriate training is required for any occupational personnel with
access to controlled areas within restrictive barriers where the
general population exposure limit is exceeded, and transient
individuals must be supervised by trained occupational personnel upon
entering any of these areas. Use of time averaging is required for
transient individuals to ensure compliance with the general population
exposure limit.
(iv) Category Three--CAUTION: Signs (with the appropriate signal
word ``CAUTION'' and associated color (yellow) on the signs), controls,
or indicators (e.g., chains, railings, contrasting paint, diagrams) are
required (in addition to the positive access control established for
Category Two) surrounding the area in which the exposure limit for
occupational personnel in a controlled environment is exceeded by no
more than a factor of ten. Signs must contain the components discussed
in paragraph (b)(4)(vi) of this section. If the boundaries between
Category Two and Three are such that placement of both Category Two and
Three signs would be in the same location, then the Category Two sign
is optional. Under certain controlled conditions, such as on a rooftop
with limited access, a sign may be attached directly to the surface of
an antenna within a controlled environment if it specifies the minimum
approach distance and is readable at this distance and at locations
required for compliance
[[Page 81472]]
with the occupational exposure limit in Section 1.1310 of this part. If
signs are not used at the occupational exposure limit boundary,
controls or indicators (e.g., chains, railings, contrasting paint,
diagrams, etc.) must designate the boundary where the occupational
exposure limit is exceeded. Additionally, appropriate training is
required for any occupational personnel with access to the controlled
area where the general population exposure limit is exceeded, and
transient individuals must be supervised by trained personnel upon
entering any of these areas. Use of time averaging is required for
transient individuals to ensure compliance with the general population
exposure limit. Further mitigation by reducing exposure time in accord
with six-minute time averaging is required for occupational personnel
in the area in which the occupational exposure limit is exceeded.
However, proper use of RF personal protective equipment may be
considered sufficient in lieu of time averaging for occupational
personnel in the areas in which the occupational exposure limit is
exceeded. If such procedures or power reduction, and therefore Category
reduction, are not feasible, then lockout/tagout procedures in 29 CFR
Section 1910.147 must be followed.
(v) Category Four--WARNING/DANGER: Where the occupational limit
could be exceeded by a factor of more than ten, ``WARNING'' signs with
the associated color (orange), controls, or indicators (e.g., chains,
railings, contrasting paint, diagrams) are required (in addition to the
positive access control established for Category Two) surrounding the
area in which the occupational exposure limit in a controlled
environment is exceeded by more than a factor of ten Signs must contain
the components discussed in paragraph (b)(4)(vi) of this section.
``DANGER'' signs with the associated color (red) are required where
immediate and serious injury will occur on contact, in addition to
positive access control, regardless of mitigation actions taken in
Categories Two or Three. If the boundaries between Category Three and
Four are such that placement of both Category Three and Four signs
would be in the same location, then the Category Three sign is
optional. No access is permitted without Category reduction. If power
reduction, and therefore Category reduction, is not feasible, then
lockout/tagout procedures in 29 CFR Section 1910.147 must be followed.
(vi) RF exposure advisory signs must be viewable and readable from
the boundary where the applicable exposure limits are exceeded,
pursuant to 29 CFR Section 1910.145, and include at least the following
five components:
(A) Appropriate signal word, associated color {i.e., ``DANGER''
(red), ``WARNING'' (orange), ``CAUTION,'' (yellow) ``NOTICE''
(blue){time} ;
(B) RF energy advisory symbol;
(C) An explanation of the RF source;
(D) Behavior necessary to comply with the exposure limits; and
(E) Up-to-date contact information.
(5) Responsibility for compliance. (i) In general, when the
exposure limits specified in Section 1.1310 of this part are exceeded
in an accessible area due to the emissions from multiple fixed RF
sources, actions necessary to bring the area into compliance or
preparation of an Environmental Assessment (EA) as specified in Section
1.1311 of this part are the shared responsibility of all licensees
whose RF sources produce, at the area in question, levels that exceed
5% of the applicable exposure limit proportional to power. However, a
licensee demonstrating that its facility was not the most recently
modified or newly-constructed facility at the site establishes a
rebuttable presumption that such licensee should not be liable in an
enforcement proceeding relating to the period of non-compliance. Field
strengths must be squared to be proportional to SAR or power density.
Specifically, these compliance requirements apply if the square of the
electric or magnetic field strength exposure level applicable to a
particular RF source exceeds 5% of the square of the electric or
magnetic field strength limit at the area in question where the levels
due to multiple fixed RF sources exceed the exposure limit. Site owners
and managers are expected to allow applicants and licensees to take
reasonable steps to comply with the requirements contained in paragraph
1.1307(b)(1) of this section and, where feasible, should encourage co-
location of RF sources and common solutions for controlling access to
areas where the RF exposure limits contained in Section 1.1310 of this
part might be exceeded. Applicants and licensees are required to share
technical information necessary to ensure joint compliance with the
exposure limits, including informing other licensees at a site in
question of evaluations indicating possible non-compliance with the
exposure limits.
(ii) Applicants for proposed RF sources that would cause non-
compliance with the limits specified in Section 1.1310 at an accessible
area previously in compliance must submit an EA if emissions from the
applicant's RF source would produce, at the area in question, levels
that exceed 5% of the applicable exposure limit. Field strengths must
be squared if necessary to be proportional to SAR or power density.
(iii) Renewal applicants whose RF sources would cause non-
compliance with the limits specified in Section 1.1310 at an accessible
area previously in compliance must submit an EA if emissions from the
applicant's RF source would produce, at the area in question, levels
that exceed 5% of the applicable exposure limit. Field strengths must
be squared if necessary to be proportional to SAR or power density.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-27641 Filed 12-15-20; 8:45 am]
BILLING CODE 6712-01-P