12600 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective map date 

Date certain Federal assistance 

no longer available in SFHAs 

Hallsville, City of, Boone County ............ 290712 April 6, 2005, Emerg; January 1, 2006, Reg; 

March 17, 2011, Susp.

-do- -do.- 

Hartsburg, Village of, Boone County ...... 290037 December 15, 1975, Emerg; August 16, 

1982, Reg; March 17, 2011, Susp.

-do- -do.- 

Lamar, City of, Barton County ................ 290025 October 14, 1975, Emerg; February 15, 

1985, Reg; March 17, 2011, Susp.

-do- -do.- 

Rocheport, City of, Boone and Howard 

Counties.

290038 October 2, 1975, Emerg; August 2, 1982, 

Reg; March 17, 2011, Susp.

-do- -do.- 

Sturgeon, City of, Boone County ............ 290039 March 17, 1986, Emerg; May 1, 1987, Reg; 

March 17, 2011, Susp.

-do- -do.- 

Region VIII 

Colorado: 

Elbert County, Unincorporated Areas ..... 080055 N/A, Emerg; August 13, 2007, Reg; March 

17, 2011, Susp.

-do- -do.- 

Kiowa, Town of, Elbert County ............... 080057 April 26, 1999, Emerg; March 17, 2011, 

Reg; March 17, 2011, Susp.

-do- -do.- 

Simla, Town of, Elbert County ................ 080058 N/A, Emerg; October 22, 2009, Reg; March 

17, 2011, Susp.

-do- -do.- 

Region X 

Alaska: 

Matanuska-Susitna, Borough of ............. 020021 January 23, 1979, Emerg; May 1, 1985, 

Reg; March 17, 2011, Susp.

-do- -do.- 

* -do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: February 23, 2011. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2011–5132 Filed 3–7–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 11 

[EB Docket No. 04–296; FCC 11–12] 

Review of the Emergency Alert System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) amends its rules 

governing the Emergency Alert System 

(EAS) to provide for national EAS 

testing and collection of data from such 

tests. This will help determine whether 

the EAS functions as intended to deliver 

a national Presidential alert. 

DATES: Effective March 8, 2011. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Fowlkes, Deputy Bureau Chief, Public 

Safety and Homeland Security Bureau, 

at (202) 418–7452, or by e-mail at 

Lisa.Fowlkes@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Third 

Report and Order (Third R&O) in EB 

Docket No. 04–296, FCC 11–12, adopted 

on February 2, 2011, and released on 

February 3, 2011. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this document also may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room, CY–B402, 

Washington, DC 20554. The full text 

may also be downloaded at: http:// 

www.fcc.gov. 

1. The Third R&O amends the 

Commission’s part 11 rules governing 

the EAS to require: all EAS Participants 

to participate in national EAS tests as 

scheduled by the Commission in 

consultation with the Federal 

Emergency Management Agency 

(FEMA); that the first national EAS test 

use the Emergency Alert Notification 

(EAN), the live event code for 

nationwide Presidential alerts; that the 

national test replace the monthly and 

weekly EAS tests in the month and 

week in which it is held; that the 

Commission’s Public Safety and 

Homeland Security Bureau (Bureau) 

provide at least two months public 

notice prior to any national test of the 

EAS; EAS Participants to submit testrelated data to the Bureau within 45 

days following a national EAS test; and 

that test data received from EAS 

Participants be treated as presumptively 

confidential, but allow test data to be 

shared on a confidential basis with 

other Federal agencies and State 

governmental emergency management 

agencies that have confidentiality 

protection as least equal to that 

provided by the Freedom of Information 

Act (FOIA). The Third R&O also notes 

that the Commission will shortly be 

releasing a public notice establishing a 

voluntary electronic reporting system 

that EAS test participants may use as 

part of their participation in the national 

EAS test. The Third R&O also delegates 

authority to the Bureau to determine, in 

consultation with FEMA and with other 

EAS stakeholders, as appropriate, 

various administrative procedures for 

national tests, including test codes to be 

used and pre-test outreach. 

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

2. This document contains modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. It 

has been submitted to the Office of 

Management and Budget (OMB) for 

review under section 3507(d) of the 

PRA. OMB, the general public, and 

other Federal agencies are invited to 

comment on the new or modified 

information collection requirements 

contained in this proceeding. In 

addition, the Commission notes that 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 


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it previously sought specific comment 

on how it might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

3. In this present document, the 

Commission has assessed the effects of 

the information collection associated 

with national testing of the EAS, and 

finds that because this information 

collection requests information that is 

readily available and easily accessible to 

all EAS Participants, and, further, that 

may be submitted electronically, none 

of the requirements in the collection 

will pose a substantial burden for 

businesses with fewer than 25 

employees. 

B. Congressional Review Act 

4. The Commission will send a copy 

of this Third R&O in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act (CRA), see 5 

U.S.C. 801(a)(1)(A). 

II. Final Regulatory Flexibility Analysis 

5. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated into 

the Second Further Notice of Proposed 

Rulemaking in EB Docket 04–296 

(Second FNPRM). The Commission 

sought written comment on the 

proposals in the Second FNPRM, 

including comment on the IRFA. This 

Final Regulatory Flexibility Analysis 

(FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the 

Proposed Rules 

6. This Third R&O seeks to ensure 

that the Commission’s EAS rules better 

protect the life and property of all 

Americans. To further serve this goal, 

this Third R&O adopts a rule to 

implement national testing of the EAS 

through use of a coded EAS message 

which will replace a required monthly 

test, and requiring logging and provision 

to the Commission of test-related 

diagnostic information within 45 days 

of the test. 

7. Specifically, this Third R&O: 

• Requires all EAS Participants to 

participate in national EAS tests as 

scheduled by the Commission in 

consultation with FEMA; 

• Requires that the first national EAS 

test use the EAN, the live event code for 

nationwide Presidential alerts; 

• Requires that the national test 

replace the monthly and weekly EAS 

tests in the month and week in which 

it is held; 

• Requires the Bureau to provide at 

least two months’ public notice prior to 

any national test of the EAS; 

• Requires EAS Participants to submit 

test-related data to the Bureau within 45 

days following a national EAS test; 

• Requires that test data received 

from EAS Participants be treated as 

presumptively confidential, but allow 

test data to be shared on a confidential 

basis with other Federal agencies and 

State governmental emergency 

management agencies that have 

confidentiality protection at least equal 

to that provided by the FOIA; 

• Notes that the Commission will 

shortly be releasing a public notice 

establishing a voluntary electronic 

reporting system that EAS test 

participants may use as part of their 

participation in the national EAS test; 

and 

• Delegates authority to the Bureau to 

determine, in consultation with FEMA 

and with other EAS stakeholders, as 

appropriate, various administrative 

procedures for national tests, including 

test codes to be used and pre-test 

outreach. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

8. There were no comments that 

specifically addressed the IRFA. 

C. Description and Estimate of the 

Number of Small Entities to Which 

Rules Will Apply 

9. The RFA directs agencies to 

provide a description of, and, where 

feasible, an estimate of, the number of 

small entities that may be affected by 

the rules adopted herein. The RFA 

generally defines the term ‘‘small entity’’ 

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the term ‘‘small business’’ 

has the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A ‘‘small business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

10. Television Broadcasting. The SBA 

has developed a small business sized 

standard for television broadcasting, 

which consists of all such firms having 

$14 million or less in annual receipts. 

Business concerns included in this 

industry are those ‘‘primarily engaged in 

broadcasting images together with 

sound.’’ According to Commission staff 

review of BIA Publications, Inc. Master 

Access Television Analyzer Database, as 

of May 16, 2003, about 814 of the 1,220 

commercial television stations in the 

United States had revenues of $12 

million or less. We note, however, that, 

in assessing whether a business concern 

qualifies as small under the above 

definition, business (control) affiliations 

must be included. Our estimate, 

therefore, likely overstates the number 

of small entities that might be affected 

by our action, because the revenue 

figure on which it is based does not 

include or aggregate revenues from 

affiliated companies. There are also 

2,127 low power television stations 

(LPTV). Given the nature of this service, 

we will presume that all LPTV licensees 

qualify as small entities under the SBA 

size standard. 

11. Radio Stations. The revised rules 

and policies potentially will apply to all 

AM and commercial FM radio 

broadcasting licensees and potential 

licensees. The SBA defines a radio 

broadcasting station that has $7 million 

or less in annual receipts as a small 

business. A radio broadcasting station is 

an establishment primarily engaged in 

broadcasting aural programs by radio to 

the public. Included in this industry are 

commercial, religious, educational, and 

other radio stations. Radio broadcasting 

stations which primarily are engaged in 

radio broadcasting and which produce 

radio program materials are similarly 

included. However, radio stations that 

are separate establishments and are 

primarily engaged in producing radio 

program material are classified under 

another NAICS number. According to 

Commission staff review of BIA 

Publications, Inc. Master Access Radio 

Analyzer Database on March 31, 2005, 

about 10,840 (95 percent) of 11,410 

commercial radio stations have revenue 

of $6 million or less. We note, however, 

that many radio stations are affiliated 

with much larger corporations having 

much higher revenue. Our estimate, 

therefore, likely overstates the number 

of small entities that might be affected 

by our action. 

12. Wired Telecommunications 

Carriers. The 2007 North American 

Industry Classification System (NAICS) 

defines ‘‘Wired Telecommunications 

Carriers’’ as follows: ‘‘This industry 

comprises establishments primarily 

engaged in operating and/or providing 

access to transmission facilities and 

infrastructure that they own and/or 

lease for the transmission of voice, data, 

text, sound, and video using wired 

telecommunications networks. 

Transmission facilities may be based on 

a single technology or a combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 


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that they operate to provide a variety of 

services, such as wired telephony 

services, including VoIP services; wired 

(cable) audio and video programming 

distribution; and wired broadband 

Internet services. By exception, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in this industry.’’ 

The SBA has developed a small 

business size standard for wireline firms 

within the broad economic census 

category, ‘‘Wired Telecommunications 

Carriers.’’ Under this category, the SBA 

deems a wireline business to be small if 

it has 1,500 or fewer employees. Census 

Bureau data for 2002 show that there 

were 2,432 firms in this category that 

operated for the entire year. Of this 

total, 2,395 firms had employment of 

999 or fewer employees, and 37 firms 

had employment of 1,000 employees or 

more. Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. 

13. Wired Telecommunications 

Carriers—Cable and Other Program 

Distribution. This category includes, 

among others, cable operators, direct 

broadcast satellite (DBS) services, home 

satellite dish (HSD) services, satellite 

master antenna television (SMATV) 

systems, and open video systems (OVS). 

The data we have available as a basis for 

estimating the number of such entities 

were gathered under a superseded SBA 

small business size standard formerly 

titled Cable and Other Program 

Distribution. The former Cable and 

Other Program Distribution category is 

now included in the category of Wired 

Telecommunications Carriers, the 

majority of which, as discussed above, 

can be considered small. According to 

Census Bureau data for 2002, there were 

a total of 1,191 firms in this previous 

category that operated for the entire 

year. Of this total, 1,087 firms had 

annual receipts of under $10 million, 

and 43 firms had receipts of $10 million 

or more but less than $25 million. Thus, 

we believe that a substantial number of 

entities included in the former Cable 

and Other Program Distribution category 

may have been categorized as small 

entities under the now superseded SBA 

small business size standard for Cable 

and Other Program Distribution. With 

respect to OVS, the Commission has 

approved approximately 120 OVS 

certifications with some OVS operators 

now providing service. Broadband 

service providers (BSPs) are currently 

the only significant holders of OVS 

certifications or local OVS franchises, 

even though OVS is one of four 

statutorily-recognized options for local 

exchange carriers (LECs) to offer video 

programming services. As of June 2006, 

BSPs served approximately 1.4 million 

subscribers, representing 1.46 percent of 

all MVPD households. Among BSPs, 

however, those operating under the OVS 

framework are in the minority. The 

Commission does not have financial 

information regarding the entities 

authorized to provide OVS, some of 

which may not yet be operational. We 

thus believe that at least some of the 

OVS operators may qualify as small 

entities. 

14. Cable System Operators (Rate 

Regulation Standard). The Commission 

has developed its own small business 

size standard for cable system operators, 

for purposes of rate regulation. Under 

the Commission’s rules, a ‘‘small cable 

company’’ is one serving 400,000 or 

fewer subscribers nationwide. We have 

estimated that there were 1,065 cable 

operators who qualified as small cable 

system operators at the end of 2005. 

Since then, some of those companies 

may have grown to serve over 400,000 

subscribers, and others may have been 

involved in transactions that caused 

them to be combined with other cable 

operators. Consequently, the 

Commission estimates that there are 

now fewer than 1,065 small entity cable 

system operators that may be affected by 

the rules and policies proposed herein. 

15. Cable System Operators (Telecom 

Act Standard). The Communications 

Act of 1934, as amended, (‘‘Act’’) also 

contains a size standard for small cable 

system operators, which is ‘‘a cable 

operator that, directly or through an 

affiliate, serves in the aggregate fewer 

than 1 percent of all subscribers in the 

United States and is not affiliated with 

any entity or entities whose gross 

annual revenues in the aggregate exceed 

$250,000,000.’’ The Commission has 

determined that there are 67,700,000 

subscribers in the United States. 

Therefore, an operator serving fewer 

than 677,000 subscribers shall be 

deemed a small operator, if its annual 

revenues, when combined with the total 

annual revenues of all its affiliates, do 

not exceed $250 million in the 

aggregate. Based on available data, the 

Commission estimates that the number 

of cable operators serving 677,000 

subscribers or fewer, totals 1,065. The 

Commission neither requests nor 

collects information on whether cable 

system operators are affiliated with 

entities whose gross annual revenues 

exceed $250 million, and therefore are 

unable, at this time, to estimate more 

accurately the number of cable system 

operators that would qualify as small 

cable operators under the size standard 

contained in the Act. 

16. Broadband Radio Service (FCC 

Auction Standard). The established 

rules apply to Broadband Radio Service 

(‘‘BRS,’’ formerly known as Multipoint 

Distribution Systems, or ‘‘MDS’’) 

operated as part of a wireless cable 

system. The Commission has defined 

‘‘small entity’’ for purposes of the 

auction of BRS frequencies as an entity 

that, together with its affiliates, has 

average gross annual revenues that are 

not more than $40 million for the 

preceding three calendar years. This 

definition of small entity in the context 

of MDS auctions has been approved by 

the SBA. The Commission completed its 

MDS auction in March 1996 for 

authorizations in 493 basic trading 

areas. Of 67 winning bidders, 61 

qualified as small entities. At this time, 

we estimate that of the 61 small 

business MDS auction winners, 48 

remain small business licensees. 

17. Wireless Telecommunications 

Carrier (except satellite). BRS also 

includes licensees of stations authorized 

prior to the auction. As noted above, the 

SBA has developed a definition of small 

entities for pay television services, 

Cable and Other Subscription 

Programming, which includes all such 

companies generating $15 million or 

less in annual receipts. This definition 

includes BRS and thus applies to BRS 

licensees that did not participate in the 

MDS auction. Information available to 

us indicates that there are 

approximately 392 incumbent BRS 

licensees that do not generate revenue 

in excess of $11 million annually. 

Therefore, we estimate that there are at 

least 440 (392 pre-auction plus 48 

auction licensees) small BRS providers 

as defined by the SBA and the 

Commission’s auction rules which may 

be affected by the rules adopted herein. 

In addition, limited preliminary census 

data for 2002 indicate that the total 

number of cable and other program 

distribution companies increased 

approximately 46 percent from 1997 to 

2002. 

18. Educational Broadband Service. 

The proposed rules would also apply to 

Educational Broadband Service (‘‘EBS,’’ 

formerly known as Instructional 

Television Fixed Service or ‘‘ITFS’’) 

facilities operated as part of a wireless 

cable system. The SBA definition of 

small entities for pay television services, 

Cable and Other Subscription 

Programming also appears to apply to 

EBS. There are presently 2,032 EBS 

licensees. All but 100 of these licenses 

are held by educational institutions. 

Educational institutions are included in 

the definition of a small business. 


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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 12603 

However, we do not collect annual 

revenue data for EBS licensees, and are 

not able to ascertain how many of the 

100 non-educational licensees would be 

categorized as small under the SBA 

definition. Thus, we tentatively 

conclude that at least 1,932 are small 

businesses and may be affected by the 

proposed rules. 

19. Incumbent Local Exchange 

Carriers (LECs). We have included small 

incumbent LECs in this present IRFA 

analysis. As noted above, a ‘‘small 

business’’ under the RFA is one that, 

inter alia, meets the pertinent small 

business size standard (e.g., a telephone 

communications business having 1,500 

or fewer employees), and ‘‘is not 

dominant in its field of operation.’’ The 

SBA’s Office of Advocacy contends that, 

for RFA purposes, small incumbent 

LECs are not dominant in their field of 

operation because any such dominance 

is not ‘‘national’’ in scope. We have 

therefore included small incumbent 

local exchange carriers in this RFA 

analysis, although we emphasize that 

this RFA action has no effect on 

Commission analyses and 

determinations in other, non-RFA 

contexts. Neither the Commission nor 

the SBA has developed a small business 

size standard specifically for incumbent 

local exchange services. The appropriate 

size standard under SBA rules is for the 

category Wired Telecommunications 

Carriers. Under that size standard, such 

a business is small if it has 1,500 or 

fewer employees. According to 

Commission data, 1,303 carriers have 

reported that they are engaged in the 

provision of incumbent local exchange 

services. Of these 1,303 carriers, an 

estimated 1,020 have 1,500 or fewer 

employees and 283 have more than 

1,500 employees. Consequently, the 

Commission estimates that most 

providers of incumbent local exchange 

service are small businesses that may be 

affected by our proposed rules. 

20. Competitive (LECs), Competitive 

Access Providers (CAPs), ‘‘SharedTenant Service Providers,’’ and ‘‘Other 

Local Service Providers.’’ Neither the 

Commission nor the SBA has developed 

a small business size standard 

specifically for these service providers. 

The appropriate size standard under 

SBA rules is for the category Wired 

Telecommunications Carriers. Under 

that size standard, such a business is 

small if it has 1,500 or fewer employees. 

According to Commission data, 769 

carriers have reported that they are 

engaged in the provision of either 

competitive access provider services or 

competitive local exchange carrier 

services. Of these 769 carriers, an 

estimated 676 have 1,500 or fewer 

employees and 93 have more than 1,500 

employees. In addition, 12 carriers have 

reported that they are ‘‘Shared-Tenant 

Service Providers,’’ and all 12 are 

estimated to have 1.500 or fewer 

employees. In addition, 39 carriers have 

reported that they are ‘‘Other Local 

Service Providers.’’ Of the 39, an 

estimated 38 have 1,500 or fewer 

employees and one has more than 1,500 

employees. Consequently, the 

Commission estimates that most 

providers of competitive local exchange 

service, competitive access providers, 

‘‘Shared-Tenant Service Providers,’’ and 

‘‘Other Local Service Providers’’ are 

small entities that may be affected by 

our proposed rules. 

21. Satellite Telecommunications. 

The Commission has not developed a 

small business size standard specifically 

for providers of satellite service. The 

appropriate size standard under SBA 

rules is for Satellite 

Telecommunications. Under that 

category, such a business is small if it 

has $15 million or less in average 

annual receipts. Under the category of 

Satellite Telecommunications, Census 

Bureau data for 1997 show that there 

were a total of 324 firms that operated 

for the entire year. Of this total, 273 

firms had annual receipts of under $10 

million, and an additional twenty-four 

firms had receipts of $10 million to 

$24,999,999. Thus, the majority of 

Satellite Telecommunications firms can 

be considered small. 

22. All Other Telecommunications. 

This category includes ‘‘establishments 

primarily engaged in * * * providing 

satellite terminal stations and associated 

facilities operationally connected with 

one or more terrestrial communications 

systems and capable of transmitting 

telecommunications to or receiving 

telecommunications from satellite 

systems.’’ Under that category, which is 

defined by the SBA, such a business is 

small if it has $25 million or less in 

average annual receipts. Of this total, 

424 firms had annual receipts of $5 

million to $9,999,999 and an additional 

6 firms had annual receipts of $10 

million to $24,999,990. Thus, under this 

second size standard, the majority of 

firms can be considered small. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

23. This Third R&O requires that EAS 

Participants record and submit to the 

Commission the following test-related 

diagnostic information for each alert 

received from each message source 

monitored at the time of the national 

test: (1) Whether they received the alert 

message during the designated test; (2) 

whether they retransmitted the alert; 

and (3) if they were not able to receive 

and/or transmit the alert, their ‘best 

effort’ diagnostic analysis regarding the 

cause or causes for such failure. It also 

requires EAS Participants to provide us 

with a description of their station 

identification and level of designation 

(PEP, LP–1, etc.); the date/time of 

receipt of the EAN message by all 

stations; the date/time of PEP station 

acknowledgement of receipt of the EAN 

message to FOC; the date/time of 

initiation of actual broadcast of the 

Presidential message; the date/time of 

receipt of the EAT message by all 

stations; who they were monitoring at 

the time of the test, and the make and 

model number of the EAS equipment 

that they utilized. These requirements 

are intended to advance our public 

safety mission and enhance the 

performance of the EAS while reducing 

regulatory burdens wherever possible. 

E. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

24. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in developing its 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 

25. The rules are designed to 

minimally impact all EAS participants, 

including small entities, while at the 

same time protecting the lives and 

property of all Americans, which 

confers a direct benefit on small entities. 

The Second FNPRM sought comment on 

how the Commission may better protect 

the lives and property of Americans. In 

commenting on this goal, commenters 

were invited to propose steps that the 

Commission may take to further 

minimize any significant economic 

impact on small entities. When 

considering proposals made by other 

parties, commenters were invited to 

propose significant alternatives that 

serve the goals of these proposals. 

26. No commenters disputed the 

proposed requirement that all EAS 

Participants to participate in national 

EAS tests as scheduled by the 

Commission in consultation with 


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12604 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

FEMA. While some commenters 

opposed a requirement that the first 

national EAS test use the EAN, the live 

event code for nationwide Presidential 

alerts, there is at present no other way 

to test the entire system for propagation 

of a national-level EAS alert. No 

commenter opposed the requirement 

that the national test replace the 

monthly and weekly EAS tests in the 

month and week in which it is held and 

this requirement in fact serves to 

minimize burdens on all participants be 

relieving them of certain testing 

obligations. While some commenters 

sought more than two months notice, 

the Order requires the Bureau to provide 

at least two months’ public notice prior 

to any national test of the EAS. The 

impact on small entities will be a factor 

considered by the Bureau in making its 

determination of notice period. 

27. The new rule requires EAS 

Participants to submit test-related data 

to the Bureau within 45 days following 

a national EAS test. This was an 

extension of the 30 days initially 

proposed in the Second FNPRM and 

will minimize the burden on all 

participants. A number of commenters 

requested the ability to submit the 

required test data electronically and this 

Third R&O provides for this alternative 

method of data submission, also 

lessening the economic impact on all 

entities. The requirement that test data 

received from EAS Participants be 

treated as presumptively confidential, 

but allowing test data to be shared on 

a confidential basis with other Federal 

agencies and State governmental 

emergency management agencies that 

have confidentiality protection at least 

equal to that provided by the Freedom 

of Information Act (FOIA), has no 

economic impact on small entities. In 

delegating authority to the Bureau to 

determine, in consultation with FEMA 

and with other EAS stakeholders, as 

appropriate, various administrative 

procedures for national tests, including 

test codes to be used and pre-test 

outreach, the Commission has 

instructed the Bureau to factor in the 

needs of all stakeholders, including 

small business entities. 

28. Report to Congress: The 

Commission will send a copy of the 

Third R&O including this FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. In addition, the Commission will 

send a copy of the Third R&O, including 

this FRFA, to the Chief Counsel for 

Advocacy of the SBA. A copy of the 

Third R&O and FRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

III. Ordering Clauses 

29. Accordingly, it is ordered that 

pursuant to sections 1, 2, 4(i), 4(o), 301, 

303(r), 303(v), 307, 309, 335, 403, 

624(g),706 and 715 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i) and 

(o), 301, 303(r), 303(v), 307, 309, 335, 

403, 544(g), 606, and 615, this Third 

Report and Order is adopted. 

30. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Third Report and Order, including 

the Final Regulatory Flexibility 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 11 

Radio, Television, Emergency 

alerting. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Deputy Manager. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 11 as 

follows: 

PART 11—EMERGENCY ALERT 

SYSTEM (EAS) 

■ 1. The authority citation for part 11 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i) and (o), 

303(r), 544(g) and 606. 

■ 2. Revise § 11.61(a)(3) to read as 

follows: 

§ 11.61 Tests of EAS procedures. 

(a) * * * 

(3) National Tests. (i) All EAS 

Participants shall participate in national 

tests as scheduled by the Commission in 

consultation with the Federal 

Emergency Management Agency 

(FEMA). Such tests will consist of the 

delivery by FEMA to PEP/NP stations of 

a coded EAS message, including EAS 

header codes, Attention Signal, Test 

Script, and EOM code. All other EAS 

Participants will then be required to 

relay that EAS message. The coded 

message shall utilize EAS test codes as 

designated by the Commission’s rules. 

(ii) A national test shall replace the 

required weekly and monthly tests for 

all EAS Participants, as set forth in 

paragraphs (a)(1) and (a)(2) of this 

section, in the week and month in 

which it occurs. 

(iii) Notice shall be provided to EAS 

Participants by the Commission at least 

two months prior to the conduct of any 

such national test. 

(iv) Test results as required by the 

Commission shall be logged by all EAS 

Participants and shall be provided to the 

Commission’s Public Safety and 

Homeland Security Bureau within forty 

five (45) days following the test. 

* * * * * 

[FR Doc. 2011–5222 Filed 3–7–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA263 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the trip limit 

for the hook-and-line component of the 

commercial sector for Gulf group king 

mackerel in the southern Florida west 

coast subzone to 500 lb (227 kg) of king 

mackerel per day in or from the 

exclusive economic zone (EEZ). This 

trip limit reduction is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 8, 2011, through June 

30, 2011, unless changed by further 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 


emcdonald on DSK2BSOYB1PROD with RULES