Human Exposure to Radiofrequency Electromagnetic Fields and Reassessment of FCC Radiofrequency Exposure Limits and Policies, 20456-20458 [2021-07720]

Download as PDF 20456 Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket No. 19–212; DA 21–387; FR ID 20567] Completing the Transition to Electronic Filing, Licenses and Authorizations, and Correspondence in the Wireless Radio Services Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) adopted an Order announcing changes to the Commission’s rules that will become effective. To conform changes to a rule regarding submission of environmental assessments that the Commission had made in two prior decisions, the Commission amends the nonsubstantive, editorial revisions by adding language pertaining to electronic filing. DATES: Effective June 29, 2021. FOR FURTHER INFORMATION CONTACT: Warren Firschein email: warren.firschein@fcc.gov of the Office of the Managing Director; or call the Office of the Managing Director at (202) 418– 2653. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Order, ET Docket No. 19–126, DA 21–387, adopted and released on April 2, 2021. The full text of this document is available for public inspection and can be downloaded at: https://docs.fcc.gov/ public/attachments/DA-21-387A1.pdf or by using the search function for ET Docket No. 19–126 on the Commission’s ECFS web page at www.fcc.gov/ecfs. SUMMARY: Synopsis 1. The Commission updated the language of 47 CFR 1.1307(b) of the Commission’s rules to insert the word ‘‘electronically.’’ This step is necessary because of two separate actions the Commission took to amend § 1.1307 of the rules. On December 4, 2019, the Commission adopted a Second Report and Order in ET Docket No. 19–226, FCC 19–126. The Report and Order made amendments to § 1.1307(b) that did not take effect immediately, pending concurrence by the Office of Management and Budget under the Paperwork Reduction Act. On September 16, 2020, the Commission adopted a Report and Order in WT Docket No. 19–212, FCC 20–126, that modified the text of § 1.1307(b) that was VerDate Sep<11>2014 15:56 Apr 19, 2021 Jkt 253001 then in effect. The decision, which added references to electronic filing in multiple rule parts, was published in the Federal Register on December 29, 2020. The modifications to § 1.1307 are not scheduled to take effect until June 29, 2021. ■ Procedural Matters ■ A. Final Regulatory Flexibility Analysis 2. Section 603 of the Regulatory Flexibility Act, as amended, requires a regulatory flexibility analysis in notice and comment rulemaking proceedings. See 5 U.S.C. 603(a). As we are adopting these rules without notice and comment, no regulatory flexibility analysis is required. B. Final Paperwork Reduction Act of 1995 Analysis 3. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). C. Congressional Review Act 4. The Commission will not send a copy of the Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rules are rules of agency organization, procedure, or practice that do not ‘‘substantially affect the rights or obligations of non-agency parties. See 5 U.S.C. 804(3)(C). Ordering Clause 5. Accordingly, it is ordered, pursuant to the authority delegated under 47 CFR 0.23l(b), 47 CFR 1.1307(b) is amended as set forth below effective June 29. 2021 and substituting for and superseding the corresponding amendment to § 1.1307(b) contained in 85 FR 33578 that would otherwise become effective on June 29, 2021. List of Subjects in 47 CFR Part 1 Administrative practice and procedure. Federal Communications Commission. Marlene Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 PART 1—PRACTICE AND PROCEDURE 1. The authority citation to part 1 continues to read as follows: Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted. 2. Section 1.1307 is amended by revising paragraph (b)(1)(ii) to read as follows: § 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EA) must be prepared. * * * * * (b)(1) * * * (ii) Compliance with these limits for fixed RF source(s) may be accomplished by use of mitigation actions, as provided in § 1.1307(b)(4). Upon request by the Commission, the party seeking or holding such authorization must electronically 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 § 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. * * * * * [FR Doc. 2021–07719 Filed 4–19–21; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 2 [ET Docket Nos. 03–137, 13–84, 19–226; DA 21–363; FR ID 20760] Human Exposure to Radiofrequency Electromagnetic Fields and Reassessment of FCC Radiofrequency Exposure Limits and Policies Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with the Commission’s RF Safety Rulemaking Second Report and Order (Order). This document is consistent with the Order, which stated SUMMARY: E:\FR\FM\20APR1.SGM 20APR1 Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules and Regulations that the Commission would publish a document in the Federal Register announcing the effective date of those rules. The final rule amending §§ 1.1307, 2.1091, and 2.1093 (amendatory instructions 2, 7, and 8), published at 85 FR 18131, April 1, 2020, delayed indefinitely at 85 FR 33578, June 2, 2020, are effective May 3, 2021. FOR FURTHER INFORMATION CONTACT: Martin Doczkat, Office of Engineering and Technology Bureau, at (202) 418– 2435, or email: Martin.Doczkat@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that, on March 1, 2021 OMB approved, for a period of three years, the information collection requirements relating to the Radiofrequency ‘‘RF’’ Exposure Evaluation rules contained in the Commission’s Order, FCC 19–126, published at 85 FR 33578, June 2, 2020. The OMB Control Numbers are 3060– 0004 and 3060–0057. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, 45 L Street NE, Washington, DC 20554. Please include the OMB Control Numbers, 3060–0004 and 3060–0057, in your correspondence. The Commission will also accept your comments via email at PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). DATES: Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on March 1, 2021, for the information collection requirements contained in the modifications to the Commission’s rules in 47 CFR parts 1 and 2. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control VerDate Sep<11>2014 15:56 Apr 19, 2021 Jkt 253001 Number. The OMB Control Numbers are 3060–0004 and 3060–0057. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0004. OMB Approval Date: March 1, 2021. OMB Expiration Date: March 31, 2024. Title: Sections 1.1307 and 1.1311, Guidelines for Evaluating the Environmental Effects of Radiofrequency. Form Number: N/A. Respondents: Business or other forprofit; Not-for-profit institutions, Individuals or households, State, Local or Tribal Government. Number of Respondents and Responses: 335,441 respondents; 335,441 responses. Estimated Time per Response: 5 minutes (0.0833 hours)—20 hours. Frequency of Response: On occasion reporting requirements; Recordkeeping requirements and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory 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 Cost: $2,933,431. 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 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. Privacy Act Impact Assessment: No impact(s). Needs and Uses: On November 27, 2019, the Commission adopted the RF Second Report and Order, ET Docket 03–137, 13–84 and 19–226, FCC 19–126, which involves updates to 47 CFR part 1—Actions that may have a significant environmental effect, for which Environmental Assessments (EA) must be prepared. The Second Report and Order included amendments to rule section 1.1307 requiring approval by OMB under the Paperwork Reduction Act. Revisions to the associated information collection effected by the amendments to rule section 1.1307 are reported herein. Accordingly, 47 CFR 1.1307 was amended to read as shown PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 20457 below. These rules will become effective on May 3, 2021. The Second Report and Order also provided a two-year period for existing licensees to ensure that they are in compliance with the new rules. The Commission confirmed that this period begins upon the effective date of the rules. It further stated that new facilities and operations (e.g., broadcast facilities and wireless base stations) will be subject to compliance with the new rules upon the effective date of the rules. ‘‘New facilities’’ means facilities authorized on a site-specific basis on or after the effective date of the new rules or, for facilities deployed and operating under existing license authorization or rule part (such as a geographic area license or unlicensed or licensed by rule), facilities whose construction and operation is completed on or after that date. A facility will still be ‘‘new’’ for these purposes even if it is located on an existing, registered antenna structure. In addition, any facility or operation that is modified in a way that could affect RF exposure after the effective date of the rules also must comply with the new rules no later than the time at which it is modified. All other licensees and operators of existing facilities and operations will have two years from May 3, 2021 to ensure that they are in compliance with the new rules. This includes parties whose licenses are renewed during the two-year period and those who make modifications that would not affect RF exposure (such as administrative updates). These parties will have to determine whether any of their existing facilities and operations that were previously excluded under the old rules qualify for an exemption under the new rules. If they do not qualify for an exemption, they must perform an evaluation. Facilities and operations that require mitigation must come into compliance with the new, detailed requirements for signage, access control, etc. While these parties may rely upon their compliance with the rules as they existed prior to the RF Report and Order during the two-year period, they must comply with the new rules no later than the end of the two-year period. OMB Control Number: 3060–0057. OMB Approval Date: March 1, 2021. OMB Expiration Date: March 31, 2024. Title: Application for Equipment Authorization. Form Number: FCC Form 731. Respondents: Business or other forprofit. Number of Respondents and Responses: 11,305 respondents; 24,873 responses. E:\FR\FM\20APR1.SGM 20APR1 20458 Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules and Regulations Estimated Time per Response: 8.11 hours (rounded). Frequency of Response: On occasion reporting requirements; and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this collection of information is contained in 47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r). Total Annual Burden: 201,603 hours. Total Annual Cost: $50,155,140. 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. Privacy Act Impact Assessment: Yes. The personally identifiable information (PII) in this information collection is VerDate Sep<11>2014 15:56 Apr 19, 2021 Jkt 253001 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. Needs and Uses: On November 27, 2019, the Commission adopted the RF Second Report and Order, ET Docket 03–137, 13–84 and 19–226, FCC 19–126, which involves updates to 47 CFR part 2—Radiofrequency (RF) Exposure Evaluation. The Second Report and Order included amendments to rule sections 2.1091 and 2.1093 requiring approval by OMB under the Paperwork Reduction Act. Revisions to the associated information collection effected by amendments to rule sections 2.1091 and 2.1093 are reported herein. Accordingly, 47 CFR 2.1091 was amended by revising paragraphs (b), (c), (d)(1), and (d)(2) and 47 CFR 2.1093 was amended by revising paragraphs (b), (c) and (d) to read as set forth below. These PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 rules will become effective on May 3, 2021. With respect to the two-year period provided by the Second Report and Order for existing licensees to ensure that they are in compliance with the new rules, the Commission stated that, for transmitting equipment, parties may continue to rely upon their compliance with the rules as they existed prior to the RF Report and Order as long as certified equipment is not modified in a way that could affect RF exposure; it confirmed that a two-year review period is not needed for such equipment. Certification applications for new and modified equipment must follow the Commission’s equipment authorization procedures that are currently in effect. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2021–07720 Filed 4–19–21; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\20APR1.SGM 20APR1

Agencies

[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20456-20458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07720]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 2

[ET Docket Nos. 03-137, 13-84, 19-226; DA 21-363; FR ID 20760]


Human Exposure to Radiofrequency Electromagnetic Fields and 
Reassessment of FCC Radiofrequency Exposure Limits and Policies

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements associated with the 
Commission's RF Safety Rulemaking Second Report and Order (Order). This 
document is consistent with the Order, which stated

[[Page 20457]]

that the Commission would publish a document in the Federal Register 
announcing the effective date of those rules.

DATES: The final rule amending Sec. Sec.  1.1307, 2.1091, and 2.1093 
(amendatory instructions 2, 7, and 8), published at 85 FR 18131, April 
1, 2020, delayed indefinitely at 85 FR 33578, June 2, 2020, are 
effective May 3, 2021.

FOR FURTHER INFORMATION CONTACT: Martin Doczkat, Office of Engineering 
and Technology Bureau, at (202) 418-2435, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on March 1, 
2021 OMB approved, for a period of three years, the information 
collection requirements relating to the Radiofrequency ``RF'' Exposure 
Evaluation rules contained in the Commission's Order, FCC 19-126, 
published at 85 FR 33578, June 2, 2020. The OMB Control Numbers are 
3060-0004 and 3060-0057. The Commission publishes this document as an 
announcement of the effective date of the rules. If you have any 
comments on the burden estimates listed below, or how the Commission 
can improve the collections and reduce any burdens caused thereby, 
please contact Nicole Ongele, Federal Communications Commission, 45 L 
Street NE, Washington, DC 20554. Please include the OMB Control 
Numbers, 3060-0004 and 3060-0057, in your correspondence. The 
Commission will also accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on March 1, 2021, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR 
parts 1 and 2.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers are 3060-0004 and 3060-0057.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0004.
    OMB Approval Date: March 1, 2021.
    OMB Expiration Date: March 31, 2024.
    Title: Sections 1.1307 and 1.1311, Guidelines for Evaluating the 
Environmental Effects of Radiofrequency.
    Form Number: N/A.
    Respondents: Business or other for-profit; Not-for-profit 
institutions, Individuals or households, State, Local or Tribal 
Government.
    Number of Respondents and Responses: 335,441 respondents; 335,441 
responses.
    Estimated Time per Response: 5 minutes (0.0833 hours)--20 hours.
    Frequency of Response: On occasion reporting requirements; 
Recordkeeping requirements and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory 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 Cost: $2,933,431.
    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 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.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On November 27, 2019, the Commission adopted the RF 
Second Report and Order, ET Docket 03-137, 13-84 and 19-226, FCC 19-
126, which involves updates to 47 CFR part 1--Actions that may have a 
significant environmental effect, for which Environmental Assessments 
(EA) must be prepared. The Second Report and Order included amendments 
to rule section 1.1307 requiring approval by OMB under the Paperwork 
Reduction Act. Revisions to the associated information collection 
effected by the amendments to rule section 1.1307 are reported herein. 
Accordingly, 47 CFR 1.1307 was amended to read as shown below. These 
rules will become effective on May 3, 2021.
    The Second Report and Order also provided a two-year period for 
existing licensees to ensure that they are in compliance with the new 
rules. The Commission confirmed that this period begins upon the 
effective date of the rules. It further stated that new facilities and 
operations (e.g., broadcast facilities and wireless base stations) will 
be subject to compliance with the new rules upon the effective date of 
the rules. ``New facilities'' means facilities authorized on a site-
specific basis on or after the effective date of the new rules or, for 
facilities deployed and operating under existing license authorization 
or rule part (such as a geographic area license or unlicensed or 
licensed by rule), facilities whose construction and operation is 
completed on or after that date. A facility will still be ``new'' for 
these purposes even if it is located on an existing, registered antenna 
structure. In addition, any facility or operation that is modified in a 
way that could affect RF exposure after the effective date of the rules 
also must comply with the new rules no later than the time at which it 
is modified.
    All other licensees and operators of existing facilities and 
operations will have two years from May 3, 2021 to ensure that they are 
in compliance with the new rules. This includes parties whose licenses 
are renewed during the two-year period and those who make modifications 
that would not affect RF exposure (such as administrative updates). 
These parties will have to determine whether any of their existing 
facilities and operations that were previously excluded under the old 
rules qualify for an exemption under the new rules. If they do not 
qualify for an exemption, they must perform an evaluation. Facilities 
and operations that require mitigation must come into compliance with 
the new, detailed requirements for signage, access control, etc. While 
these parties may rely upon their compliance with the rules as they 
existed prior to the RF Report and Order during the two-year period, 
they must comply with the new rules no later than the end of the two-
year period.

    OMB Control Number: 3060-0057.
    OMB Approval Date: March 1, 2021.
    OMB Expiration Date: March 31, 2024.
    Title: Application for Equipment Authorization.
    Form Number: FCC Form 731.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 11,305 respondents; 24,873 
responses.

[[Page 20458]]

    Estimated Time per Response: 8.11 hours (rounded).
    Frequency of Response: On occasion reporting requirements; and 
third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r).
    Total Annual Burden: 201,603 hours.
    Total Annual Cost: $50,155,140. 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.
    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.
    Needs and Uses: On November 27, 2019, the Commission adopted the RF 
Second Report and Order, ET Docket 03-137, 13-84 and 19-226, FCC 19-
126, which involves updates to 47 CFR part 2--Radiofrequency (RF) 
Exposure Evaluation. The Second Report and Order included amendments to 
rule sections 2.1091 and 2.1093 requiring approval by OMB under the 
Paperwork Reduction Act. Revisions to the associated information 
collection effected by amendments to rule sections 2.1091 and 2.1093 
are reported herein. Accordingly, 47 CFR 2.1091 was amended by revising 
paragraphs (b), (c), (d)(1), and (d)(2) and 47 CFR 2.1093 was amended 
by revising paragraphs (b), (c) and (d) to read as set forth below. 
These rules will become effective on May 3, 2021.
    With respect to the two-year period provided by the Second Report 
and Order for existing licensees to ensure that they are in compliance 
with the new rules, the Commission stated that, for transmitting 
equipment, parties may continue to rely upon their compliance with the 
rules as they existed prior to the RF Report and Order as long as 
certified equipment is not modified in a way that could affect RF 
exposure; it confirmed that a two-year review period is not needed for 
such equipment. Certification applications for new and modified 
equipment must follow the Commission's equipment authorization 
procedures that are currently in effect.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-07720 Filed 4-19-21; 8:45 am]
BILLING CODE 6712-01-P


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