46804 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 

petition proposes to amend the color 

additive regulations at 21 CFR 73.200, a 

color additive regulation in 21 CFR part 

73, ‘‘Listing of Color Additives Exempt 

From Certification’’) by expanding the 

permitted uses of synthetic iron oxide as 

a color additive to include use in edible 

decorative paint. 

The petitioner has claimed that this 

action is categorically excluded under 

21 CFR 25.32(k) because the substance 

is intended to remain in food through 

ingestion by consumers and is not 

intended to replace macronutrients in 

food. In addition, the petitioner has 

stated that, to their knowledge, no 

extraordinary circumstances exist that 

would warrant an environmental 

assessment (see 21 CFR 25.21). If FDA 

determines a categorical exclusion 

applies, neither an environmental 

assessment nor an environmental 

impact statement is required. If FDA 

determines a categorical exclusion does 

not apply, we will request an 

environmental assessment and make it 

available for public inspection. 

Dated: August 13, 2021. 

Lauren K. Roth, 

Acting Principal Associate Commissioner for 

Policy. 

[FR Doc. 2021–17770 Filed 8–19–21; 8:45 am] 

BILLING CODE 4164–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 10 and 11 

[PS Docket Nos. 15–94 and 15–91; FCC 21– 

77; FR ID 37636] 

Emergency Alert System, Wireless 

Emergency Alerts; National Defense 

Authorization Act for Fiscal Year 2021 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (the FCC 

or Commission) seeks comment on 

several recommendations made by the 

Federal Emergency Management Agency 

(FEMA) to revise the Emergency Alert 

System (EAS) rules to delete outdated 

references, re-name certain EAS terms to 

enhance public awareness, and update 

EAS capabilities for alerts that are 

persistent during certain extreme 

emergencies. 

DATES: Comments are due on or before 

October 19, 2021, and reply comments 

are due November 18, 2021. 

ADDRESSES: You may submit comments, 

identified by PS Docket Nos. 15–94 and 

15–91, by any of the following methods: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Parties who choose to file by 

paper must file an original and one copy 

of each filing. If more than one docket 

or rulemaking number appears in the 

caption of this proceeding, filers must 

submit two additional copies for each 

additional docket or rulemaking 

number. Filings can be sent by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

David Munson, Attorney Advisor, 

Public Safety and Homeland Security 

Bureau at 202–418–2921 or 

David.Munson@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order and Further Notice of 

Proposed Rulemaking (R&O and 

FNPRM), in PS Docket Nos. 15–94 and 

15–91, FCC 21–77, adopted and released 

on June 17, 2021. The full text of this 

document is available at https://

www.fcc.gov/document/fcc-furtherstrengthens-emergency-alerting-0. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

The proceeding the FNPRM initiates 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules, 

47 CFR 1.1200 et seq. Persons making ex 

parte presentations must file a copy of 

any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 


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must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Synopsis 

In the Further Notice of Proposed 

Rulemaking (FNPRM), the Commission 

seeks comment on several 

recommendations made by FEMA for 

revising the EAS rules to enhance its 

functionality. Specifically, the 

Commission seeks comment on FEMA’s 

proposed rule changes recommending: 

(i) Deleting the National Information 

Center (NIC) event code from part 11 of 

the Commission’s rules; (ii) replacing 

the EAS originator code for the 

‘‘Primary Entry Point System,’’ from 

‘‘PEP,’’ to ‘‘NAT,’’ which would stand 

for ‘‘National Authority’’; (iii) either 

modifying the definition for the 

Emergency Action Notification (EAN) 

event code from ‘‘Emergency Action 

Notification (National Only),’’ to 

‘‘Emergency Alert, National,’’ or 

replacing the EAN event code with a 

new event code called ‘‘NEM,’’ defined 

as ‘‘National Emergency Message’’; and 

(iv) considering methods to update the 

EAS to ‘‘support persistent display of 

alert information and/or persistent 

notification for emergencies that require 

immediate public protective actions to 

mitigate loss of life.’’ 

Paperwork Reduction Act of 1995 

Analysis 

The FNPRM may contain new or 

modified information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA). If the Commission adopts 

any new or modified information 

collection requirements, they will be 

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 will be invited to comment on 

the new or modified information 

collection requirements contained in 

this proceeding. In addition, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, the Commission seeks 

specific comment on how it might 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Initial Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this Initial Regulatory Flexibility 

Analysis (IRFA) of the possible 

significant economic impact on a 

substantial number of small entities by 

the policies and rules proposed in the 

FNPRM. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments on the Notice. The 

Commission will send a copy of the 

FNPRM, including this IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA). In 

addition, the NPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

A. Need for, and Objectives of, the 

Proposed Rules 

In the FNPRM, the Commission seeks 

comment on proposed changes to the 

EAS rules suggested by FEMA. FEMA 

indicates the changes are needed to 

ensure that the Integrated Public Alert 

and Warning System (IPAWS) Open 

Platform for Emergency Networks that it 

manages is able to provide maximum 

effectiveness now and in the future in 

light of the requirements outlined in the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021 (NDAA21). Specifically, the 

Commission seeks comment on FEMA’s 

proposed rule changes recommending: 

(i) Deleting the National Information 

Center (NIC) event code from part 11 of 

the Commission’s rules; (ii) replacing 

the EAS originator code for the 

‘‘Primary Entry Point System,’’ from 

‘‘PEP,’’ to ‘‘NAT,’’ which would stand 

for ‘‘National Authority’’; (iii) either 

modifying the definition for the 

Emergency Action Notification (EAN) 

event code from ‘‘Emergency Action 

Notification (National Only),’’ to 

‘‘Emergency Alert, National,’’ or 

replacing the EAN event code with a 

new event code called ‘‘NEM,’’ defined 

as ‘‘National Emergency Message’’; and 

(iv) considering methods to update the 

EAS to ‘‘support persistent display of 

alert information and/or persistent 

notification for emergencies that require 

immediate public protective actions to 

mitigate loss of life.’’ FEMA asserts that 

the NIC is no longer in use, and 

changing the PEP and EAN codes would 

prevent public confusion about their 

meaning if included in the visual scroll 

or audio message elements of an actual 

EAS alert. FEMA states that keeping 

alert information persistent would 

ensure that the pubic received the alert. 

B. Legal Basis 

The proposed action is authorized 

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

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

624(g), 706, and 713 of the 

Communications Act of 1934, as 

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

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

335, 403, 544(g), and 606, as well as by 

sections 602(a), (b), (c), (f), 603, 604 and 

606 of the WARN Act, 47 U.S.C. 

1202(a), (b), (c), (f), 1203, 1204 and 

1206, Section 202 of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, as amended, 

47 U.S.C. 613, and the National Defense 

Authorization Act for Fiscal Year 2021, 

Public Law 116–283, 134 Stat. 3388, 

section 9201, 47 U.S.C. 1201, 1206. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

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 proposed 

rules, if adopted. 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 SBA. 

Small Businesses, Small 

Organizations, and Small Governmental 

Jurisdictions. The Commission’s action 

may, over time, affect small entities that 

are not easily categorized at present. 

The Commission therefore describes 

here, at the outset, three broad groups of 

small entities that could be directly 

affected herein. First, while there are 

industry specific size standards for 

small businesses that are used in the 

regulatory flexibility analysis, according 

to data from the SBA’s Office of 

Advocacy, in general a small business is 

an independent business having fewer 

than 500 employees. These types of 

small businesses represent 99.9% of all 

businesses in the United States which 

translates to 30.7 million businesses. 

Next, the type of small entity 

described as a ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ Internal Revenue Service (IRS) 


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uses a revenue benchmark of $50,000 or 

less to delineate its annual electronic 

filing requirements for small exempt 

organizations. Nationwide, for tax year 

2018, there were approximately 571,709 

small exempt organizations in the U.S. 

reporting revenues of $50,000 or less 

according to the registration and tax 

data for exempt organizations available 

from the IRS. 

Finally, the small entity described as 

a ‘‘small governmental jurisdiction’’ is 

defined generally as ‘‘governments of 

cities, counties, towns, townships, 

villages, school districts, or special 

districts, with a population of less than 

fifty thousand.’’ U.S. Census Bureau 

data from the 2017 Census of 

Governments indicate that there were 

90,056 local governmental jurisdictions 

consisting of general purpose 

governments and special purpose 

governments in the United States. Of 

this number there were 36,931 General 

purpose governments (county, 

municipal and town or township) with 

populations of less than 50,000 and 

12,040 special purpose governments— 

independent school districts with 

enrollment of less than 50,000. 

Accordingly, based on the 2017 U.S. 

Census of Governments data, the 

Commission estimates that at least 

48,971 entities fall into the category of 

‘‘small governmental jurisdictions.’’ 

Radio Stations. This Economic 

Census category comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public. Programming may originate 

in their own studio, from an affiliated 

network, or from external sources.’’ The 

SBA has established a small business 

size standard for this category as firms 

having $41.5 million or less in annual 

receipts. Economic Census data for 2012 

show that 2,849 radio station firms 

operated during that year. Of that 

number, 2,806 firms operated with 

annual receipts of less than $25 million 

per year, 17 with annual receipts 

between $25 million and $49,999,999 

million and 26 with annual receipts of 

$50 million or more. Therefore, based 

on the SBA’s size standard, the majority 

of such entities are small entities. 

In addition to the U.S. Census 

Bureau’s data, based on Commission 

data the Commission estimates that 

there are 4,560 licensed AM radio 

stations, 6,704 commercial FM radio 

stations and 8,339 FM translator and 

booster stations. The Commission has 

also determined that there are 4,196 

noncommercial educational (NCE) FM 

radio stations. The Commission 

however does not compile and does not 

otherwise have access to information on 

the revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities 

under the SBA size standard. 

The Commission also notes that in 

assessing whether a business entity 

qualifies as small under the above 

definition, business control affiliations 

must be included. The Commission’s 

estimate therefore likely overstates the 

number of small entities that might be 

affected by its action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. In addition, to be 

determined a ‘‘small business,’’ an 

entity may not be dominant in its field 

of operation. The Commission further 

notes that it is difficult at times to assess 

these criteria in the context of media 

entities, and the estimate of small 

businesses to which these rules may 

apply does not exclude any radio station 

from the definition of a small business 

on these bases, thus the Commission’s 

estimate of small businesses may 

therefore be over-inclusive. Also, as 

noted above, an additional element of 

the definition of ‘‘small business’’ is that 

the entity must be independently owned 

and operated. The Commission notes 

that it is difficult at times to assess these 

criteria in the context of media entities 

and the estimates of small businesses to 

which they apply may be over-inclusive 

to this extent. 

FM Translator Stations and LowPower FM Stations. FM translators and 

Low Power FM Stations are classified in 

the category of Radio Stations and are 

assigned the same NAICS Code as 

licensees of radio stations. This U.S. 

industry, Radio Stations, comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public. Programming may originate 

in their own studio, from an affiliated 

network, or from external sources. The 

SBA has established a small business 

size standard which consists of all radio 

stations whose annual receipts are $38.5 

million dollars or less. U.S. Census 

Bureau data for 2012 indicate that 2,849 

radio station firms operated during that 

year. Of that number, 2,806 operated 

with annual receipts of less than $25 

million per year, 17 with annual 

receipts between $25 million and 

$49,999,999 million and 26 with annual 

receipts of $50 million or more. 

Therefore, based on the SBA’s size 

standard the Commission concludes 

that the majority of FM Translator 

Stations and Low Power FM Stations are 

small. 

The Commission notes again, 

however, that in assessing whether a 

business concern qualifies as ‘‘small’’ 

under the above definition, business 

(control) affiliations must be included. 

Because the Commission does not 

include or aggregate revenues from 

affiliated companies in determining 

whether an entity meets the applicable 

revenue threshold, its estimate of the 

number of small radio broadcast stations 

affected is likely overstated. In addition, 

as noted above, one element of the 

definition of ‘‘small business’’ is that an 

entity would not be dominant in its 

field of operation. The Commission is 

unable at this time to define or quantify 

the criteria that would establish whether 

a specific radio broadcast station is 

dominant in its field of operation. 

Accordingly, the Commission’s estimate 

of small radio stations potentially 

affected by the rule revisions discussed 

in the FNPRM includes those that could 

be dominant in their field of operation. 

For this reason, such estimate likely is 

over-inclusive. 

Television Broadcasting. This 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the public. 

These establishments also produce or 

transmit visual programming to 

affiliated broadcast television stations, 

which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA has 

created the following small business 

size standard for such businesses: Those 

having $41.5 million or less in annual 

receipts. The 2012 Economic Census 

reports that 751 firms in this category 

operated in that year. Of that number, 

656 had annual receipts of $25,000,000 

or less, and 25 had annual receipts 

between $25,000,000 and $49,999,999. 

Based on this data, the Commission 

therefore estimates that the majority of 

commercial television broadcasters are 

small entities under the applicable SBA 

size standard. 

The Commission has estimated the 

number of licensed commercial 

television stations to be 1,368. 

According to Commission staff review 

of the BIA Kelsey Inc. Media Access Pro 

Television Database (BIA) on November 

16, 2017, 1,258 stations (or about 91 

percent) had revenues of $38.5 million 

or less, and therefore these licensees 

qualified as small entities under the 

SBA definition. In addition, the 

Commission has estimated the number 

of licensed noncommercial educational 

television stations to be 390. 

Notwithstanding, the Commission does 

not compile and otherwise does not 

have access to information on the 


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revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities. 

There are also 2,246 low power 

television stations, including Class A 

stations (LPTV), and 3,543 TV translator 

stations. Given the nature of these 

services, the Commission will presume 

that all of these entities qualify as small 

entities under the above SBA small 

business size standard. 

The Commission notes, however, that 

in assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. The Commission’s 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by its action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. In addition, 

another element of the definition of 

‘‘small business’’ requires that an entity 

not be dominant in its field of operation. 

The Commission is unable at this time 

to define or quantify the criteria that 

would establish whether a specific 

television broadcast station is dominant 

in its field of operation. Accordingly, 

the estimate of small businesses to 

which rules may apply does not exclude 

any television station from the 

definition of a small business on this 

basis and is therefore possibly overinclusive. Also, as noted above, an 

additional element of the definition of 

‘‘small business’’ is that the entity must 

be independently owned and operated. 

The Commission notes that it is difficult 

at times to assess these criteria in the 

context of media entities and its 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

Cable and Other Subscription 

Programming. The U.S. Census Bureau 

defines this industry as establishments 

primarily engaged in operating studios 

and facilities for the broadcasting of 

programs on a subscription or fee basis. 

The broadcast programming is typically 

narrowcast in nature (e.g., limited 

format, such as news, sports, education, 

or youth-oriented). These 

establishments produce programming in 

their own facilities or acquire 

programming from external sources. The 

programming material is usually 

delivered to a third party, such as cable 

systems or direct-to-home satellite 

systems, for transmission to viewers. 

The SBA size standard for this industry 

establishes as small, any company in 

this category which receives annual 

receipts of $41.5 million or less. 

According to 2012 U.S. Census Bureau 

data, 367 firms operated for the entire 

year. Of that number, 319 operated with 

annual receipts of less than $25 million 

a year and 48 firms operated with 

annual receipts of $25 million or more. 

Based on this data, the Commission 

estimates that the majority of firms 

operating in this industry are small. 

Cable System Operators (Rate 

Regulation Standard). The Commission 

has developed its own small business 

size standards for the purpose of cable 

rate regulation. Under the Commission’s 

rules, a ‘‘small cable company’’ is one 

serving 400,000 or fewer subscribers 

nationwide. Industry data indicate that 

there are 4,600 active cable systems in 

the United States. Of this total, all but 

five cable operators nationwide are 

small under the 400,000-subscriber size 

standard. In addition, under the 

Commission’s rate regulation rules, a 

‘‘small system’’ is a cable system serving 

15,000 or fewer subscribers. 

Commission records show 4,600 cable 

systems nationwide. Of this total, 3,900 

cable systems have fewer than 15,000 

subscribers, and 700 systems have 

15,000 or more subscribers, based on the 

same records. Thus, under this standard 

as well, the Commission estimates that 

most cable systems are small entities. 

Cable System Operators (Telecom Act 

Standard). The Communications Act of 

1934, as amended, 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 one 

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.’’ As of 2019, there were 

approximately 48,646,056 basic cable 

video subscribers in the United States. 

Accordingly, an operator serving fewer 

than 524,037 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 finds that all but nine 

incumbent cable operators are small 

entities under this size standard. The 

Commission notes that it neither 

requests nor collects information on 

whether cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250 million. 

Although it seems certain that some of 

these cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250 million, 

the Commission is unable at this time to 

estimate with greater precision the 

number of cable system operators that 

would qualify as small cable operators 

under the definition in the 

Communications Act. 

Satellite Telecommunications. This 

category comprises firms ‘‘primarily 

engaged in providing 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ Satellite 

telecommunications service providers 

include satellite and earth station 

operators. The category has a small 

business size standard of $35 million or 

less in average annual receipts, under 

SBA rules. For this category, U.S. 

Census Bureau data for 2012 show that 

there was a total of 333 firms that 

operated for the entire year. Of this 

total, 299 firms had annual receipts of 

less than $25 million. Consequently, the 

Commission estimates that the majority 

of satellite telecommunications 

providers are small entities. 

All Other Telecommunications. The 

‘‘All Other Telecommunications’’ 

category is comprised of establishments 

that are primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 

communications telemetry, and radar 

station operation. This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems. Establishments providing 

internet services or voice over internet 

protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry. The SBA has developed a 

small business size standard for ‘‘All 

Other Telecommunications,’’ which 

consists of all such firms with gross 

annual receipts of $32.5 million or less. 

For this category, U.S. Census data for 

2012 show that there were 1,442 firms 

that operated for the entire year. Of 

these firms, a total of 1,400 had gross 

annual receipts of less than $25 million. 

Thus, the Commission estimates that the 

majority of ‘‘All Other 

Telecommunications’’ firms potentially 

affected by its action can be considered 

small. 

Broadband Radio Service and 

Educational Broadband Service. 

Broadband Radio Service systems, 

previously referred to as Multipoint 

Distribution Service (MDS) and 

Multichannel Multipoint Distribution 

Service (MMDS) systems, and ‘‘wireless 

cable,’’ transmit video programming to 

subscribers and provide two-way high 

speed data operations using the 


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microwave frequencies of the 

Broadband Radio Service (BRS) and 

Educational Broadband Service (EBS) 

(previously referred to as the 

Instructional Television Fixed Service 

(ITFS)). 

BRS—In connection with the 1996 

BRS auction, the Commission 

established a small business size 

standard as an entity that had annual 

average gross revenues of no more than 

$40 million in the previous three 

calendar years. The BRS auctions 

resulted in 67 successful bidders 

obtaining licensing opportunities for 

493 Basic Trading Areas (BTAs). Of the 

67 auction winners, 61 met the 

definition of a small business. BRS also 

includes licensees of stations authorized 

prior to the auction. At this time, the 

Commission estimates that of the 61 

small business BRS auction winners, 48 

remain small business licensees. In 

addition to the 48 small businesses that 

hold BTA authorizations, there are 

approximately 86 incumbent BRS 

licensees that are considered small 

entities (18 incumbent BRS licensees do 

not meet the small business size 

standard). After adding the number of 

small business auction licensees to the 

number of incumbent licensees not 

already counted, there are currently 

approximately 133 BRS licensees that 

are defined as small businesses under 

either the SBA or the Commission’s 

rules. 

In 2009, the Commission conducted 

Auction 86, the sale of 78 licenses in the 

BRS areas. The Commission offered 

three levels of bidding credits: (i) A 

bidder with attributed average annual 

gross revenues that exceed $15 million 

and do not exceed $40 million for the 

preceding three years (small business) 

received a 15 percent discount on its 

winning bid; (ii) a bidder with 

attributed average annual gross revenues 

that exceed $3 million and do not 

exceed $15 million for the preceding 

three years (very small business) 

received a 25 percent discount on its 

winning bid; and (iii) a bidder with 

attributed average annual gross revenues 

that do not exceed $3 million for the 

preceding three years (entrepreneur) 

received a 35 percent discount on its 

winning bid. Auction 86 concluded in 

2009 with the sale of 61 licenses. Of the 

ten winning bidders, two bidders that 

claimed small business status won 4 

licenses; one bidder that claimed very 

small business status won three 

licenses; and two bidders that claimed 

entrepreneur status won six licenses. 

EBS—Educational Broadband Service 

has been included within the broad 

economic census category and SBA size 

standard for Wired Telecommunications 

Carriers since 2007. Wired 

Telecommunications Carriers are 

comprised of 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.’’ The SBA’s small 

business size standard for this category 

is all such firms having 1,500 or fewer 

employees. U.S. Census Bureau data for 

2012 show that there were 3,117 firms 

that operated that year. Of this total, 

3,083 operated with fewer than 1,000 

employees. Thus, under this size 

standard, the majority of firms in this 

industry can be considered small. In 

addition to Census data, the 

Commission’s Universal Licensing 

System indicates that as of October 

2014, there are 2,206 active EBS 

licenses. The Commission estimates that 

of these 2,206 licenses, the majority are 

held by non-profit educational 

institutions and school districts, which 

are by statute defined as small 

businesses. 

Direct Broadcast Satellite (‘‘DBS’’) 

Service. DBS service is a nationally 

distributed subscription service that 

delivers video and audio programming 

via satellite to a small parabolic ‘‘dish’’ 

antenna at the subscriber’s location. 

DBS is included in the category of 

‘‘Wired Telecommunications Carriers.’’ 

The Wired Telecommunications 

Carriers 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 combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

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 size standard considers a 

wireline business is small if it has fewer 

than 1,500 employees. U.S. Census 

Bureau data for 2012 indicates that 

3,117 wireline companies were 

operational during that year. Of that 

number, 3,083 operated with fewer than 

1,000 employees. Based on that data, the 

Commission concludes that the majority 

of wireline firms are small under the 

applicable SBA standard. Currently, 

however, only two entities provide DBS 

service, which requires a great deal of 

capital for operation: DIRECTV (owned 

by AT&T) and DISH Network. DIRECTV 

and DISH Network each report annual 

revenues that are in excess of the 

threshold for a small business. 

Accordingly, the Commission must 

conclude that internally developed FCC 

data are persuasive that, in general, DBS 

service is provided only by large firms. 

Wireless Telecommunications 

Carriers (except Satellite). This industry 

comprises establishments engaged in 

operating and maintaining switching 

and transmission facilities to provide 

communications via the airwaves. 

Establishments in this industry have 

spectrum licenses and provide services 

using that spectrum, such as cellular 

services, paging services, wireless 

internet access, and wireless video 

services. The appropriate size standard 

under SBA rules is that such a business 

is small if it has 1,500 or fewer 

employees. For this industry, U.S. 

Census Bureau data for 2012 show that 

there were 967 firms that operated for 

the entire year. Of this total, 955 firms 

had employment of 999 or fewer 

employees, and 12 firms had 

employment of 1,000 employees or 

more. Thus, under this category and the 

associated size standard, the 

Commission estimates that the majority 

of wireless telecommunications carriers 

(except satellite) are small entities. 

AWS Services (1710–1755 MHz and 

2110–2155 MHz bands (AWS–1); 1915– 

1920 MHz, 1995–2000 MHz, 2020–2025 

MHz and 2175–2180 MHz bands (AWS– 

2); 2155–2175 MHz band (AWS–3)). For 

the AWS–1 bands, the Commission has 

defined a ‘‘small business’’ as an entity 

with average annual gross revenues for 

the preceding three years not exceeding 

$40 million, and a ‘‘very small 

business’’ as an entity with average 

annual gross revenues for the preceding 

three years not exceeding $15 million. 

For AWS–2 and AWS–3, although the 

Commission does not know for certain 

which entities are likely to apply for 

these frequencies, it notes that the 

AWS–1 bands are comparable to those 

used for cellular service and personal 

communications service. The 

Commission has not yet adopted size 

standards for the AWS–2 or AWS–3 

bands but proposes to treat both AWS– 

2 and AWS–3 similarly to broadband 

PCS service and AWS–1 service due to 

the comparable capital requirements 


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and other factors, such as issues 

involved in relocating incumbents and 

developing markets, technologies, and 

services. 

Narrowband Personal 

Communications Services. Two 

auctions of narrowband personal 

communications services (PCS) licenses 

have been conducted. To ensure 

meaningful participation of small 

business entities in future auctions, the 

Commission has adopted a two-tiered 

small business size standard in the 

Narrowband PCS Second Report and 

Order. Through these auctions, the 

Commission has awarded a total of 41 

licenses, out of which 11 were obtained 

by small businesses. A ‘‘small business’’ 

is an entity that, together with affiliates 

and controlling interests, has average 

gross revenues for the three preceding 

years of not more than $40 million. A 

‘‘very small business’’ is an entity that, 

together with affiliates and controlling 

interests, has average gross revenues for 

the three preceding years of not more 

than $15 million. The SBA has 

approved these small business size 

standards. 

Broadband Personal Communications 

Service. The broadband personal 

communications service (PCS) spectrum 

is divided into six frequency blocks 

designated A through F, and the 

Commission has held auctions for each 

block. The Commission initially defined 

a ‘‘small business’’ for C- and F-Block 

licenses as an entity that has average 

gross revenues of $40 million or less in 

the three previous calendar years. For 

F-Block licenses, an additional small 

business size standard for ‘‘very small 

business’’ was added and is defined as 

an entity that, together with its affiliates, 

has average gross revenues of not more 

than $15 million for the preceding three 

calendar years. These standards 

defining ‘‘small entity’’, in the context 

of broadband PCS auctions, have been 

approved by the SBA. No small 

businesses within the SBA-approved 

small business size standards bid 

successfully for licenses in Blocks A 

and B. There were 90 winning bidders 

that claimed small business status in the 

first two C-Block auctions. A total of 93 

bidders that claimed small business 

status won approximately 40 percent of 

the 1,479 licenses in the first auction for 

the D-, E-, and F-Blocks. On April 15, 

1999, the Commission completed the 

reauction of 347 C-, D-, E-, and F-Block 

licenses in Auction No. 22. Of the 57 

winning bidders in that auction, 48 

claimed small business status and won 

277 licenses. 

On January 26, 2001, the Commission 

completed the auction of 422 C- and FBlock Broadband PCS licenses in 

Auction No. 35. Of the 35 winning 

bidders in that auction, 29 claimed 

small business status. Subsequent 

events concerning Auction No. 35, 

including judicial and agency 

determinations, resulted in a total of 163 

C- and F-Block licenses being available 

for grant. On February 15, 2005, the 

Commission completed an auction of 

242 C-, D-, E-, and F-Block licenses in 

Auction No. 58. Of the 24 winning 

bidders in that auction, 16 claimed 

small business status and won 156 

licenses. On May 21, 2007, the 

Commission completed an auction of 33 

licenses in the A-, C-, and F-Blocks in 

Auction No. 71. Of the 12 winning 

bidders in that auction, five claimed 

small business status and won 18 

licenses. On August 20, 2008, the 

Commission completed the auction of 

20 C-, D-, E-, and F-Block Broadband 

PCS licenses in Auction No. 78. Of the 

eight winning bidders for Broadband 

PCS licenses in that auction, six claimed 

small business status and won 14 

licenses. 

Wireless Communications Services. 

This service can be used for fixed, 

mobile, radiolocation, and digital audio 

broadcasting satellite uses. The 

Commission defined ‘‘small business’’ 

for the wireless communications 

services (WCS) auction as an entity with 

average gross revenues of $40 million 

for each of the three preceding years, 

and a ‘‘very small business’’ as an entity 

with average gross revenues of $15 

million for each of the three preceding 

years. The SBA has approved these 

small business size standards. In the 

Commission’s auction for geographic 

area licenses in the WCS there were 

seven winning bidders that qualified as 

‘‘very small business’’ entities, and one 

that qualified as a ‘‘small business’’ 

entity. 

Radio and Television Broadcasting 

and Wireless Communications 

Equipment Manufacturing. This 

industry comprises establishments 

primarily engaged in manufacturing 

radio and television broadcast and 

wireless communications equipment. 

Examples of products made by these 

establishments are: Transmitting and 

receiving antennas, cable television 

equipment, GPS equipment, pagers, 

cellular phones, mobile 

communications equipment, and radio 

and television studio and broadcasting 

equipment. The SBA has established a 

small business size standard for this 

industry of 1,250 employees or less. 

U.S. Census Bureau data for 2012 shows 

that 841 establishments operated in this 

industry in that year. Of that number, 

828 establishments operated with fewer 

than 1,000 employees, 7 establishments 

operated with between 1,000 and 2,499 

employees, and 6 establishments 

operated with 2,500 or more employees. 

Based on this data, the Commission 

concludes that a majority of 

manufacturers in this industry are 

small. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

FEMA’s recommendations proposing 

changes for which comment is sought in 

the Notice, if adopted, would impose 

additional reporting, recordkeeping or 

other compliance obligations on certain 

small, as well as other, entities required 

to distribute EAS alerts to the public 

(i.e., ‘‘EAS Participants’’), and that 

manufacture EAS equipment. At this 

time the Commission is not currently in 

a position to determine whether, if 

adopted, the FEMA’s proposed changes 

will require small entities to hire 

attorneys, engineers, consultants, or 

other professionals to comply and 

cannot quantify the cost of compliance 

with the potential rule changes and 

compliance obligations raised for 

comment in the FNPRM. In the 

Commission’s request for comments on 

FEMA’s proposals, it has requested 

information on the cost of implementing 

the proposed changes as well as 

potential alternatives to the proposed 

recommendations, particularly less 

costly alternatives that should be 

considered. 

As proposed by FEMA, its 

recommendation to replace the EAS 

originator code for the ‘‘Primary Entry 

Point System,’’ from ‘‘PEP,’’ to ‘‘NAT,’’ 

which would stand for ‘‘National 

Authority,’’ and to modify the definition 

for the EAN event code from 

‘‘Emergency Action Notification 

(National Only),’’ to ‘‘Emergency Alert 

National,’’ or replace the EAN event 

code with a new event code called 

‘‘NEM,’’ defined as ‘‘National 

Emergency Message,’’ would require 

EAS equipment manufacturers to 

develop software updates to implement 

the new codes in deployed EAS 

equipment and EAS equipment in 

production. EAS Participants would 

also be required to acquire and install a 

software update to change the codes in 

their EAS devices. Some EAS device 

models currently in deployment might 

not be capable of being updated to 

reflect the new codes, and those devices 

will have to be replaced. Updating or 

replacing deployed devices to reflect 

these proposed FEMA code changes 

would be at the expense of EAS 

Participants. 

FEMA has also recommended that the 

Commission consider methods to 


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update the EAS to ‘‘support persistent 

display of alert information and/or 

persistent notification for emergencies 

that require immediate public protective 

actions to mitigate loss of life.’’ 

Updating the EAS to support persistent 

alerts would likely require extensive 

modifications to the EAS. To comply 

with such a requirement if adopted, 

EAS equipment manufacturers would 

likely be required to develop software 

and/or firmware changes to implement 

such functionality in deployed EAS 

equipment and EAS equipment in 

production. Similar to FEMA’s code 

change proposal recommendations, 

such changes would require EAS 

Participants to acquire and install the 

software/firmware update to enable the 

functionality in their EAS devices, and 

devices currently deployed with EAS 

capabilities that are not be capable of 

being updated to reflect such 

functionality will have to be replaced. It 

is also possible that such functionality 

will require modifications to non-EAS 

equipment that receive and process the 

EAS device alert content output and 

convert it into a visual scroll. EAS 

Participants would also bear the 

expenses to update or replace deployed 

devices to enable this proposed EAS 

functionality. 

To help the Commission more fully 

evaluate the cost of compliance if it 

were to adopt FEMA’s proposals, in the 

FNPRM, the Commission requests 

comments on the cost implications to 

implement the proposed 

recommendations and asks whether 

there are more efficient and less 

burdensome alternatives that might 

achieve the same results. the 

Commission expects the information it 

receives in comments, including cost 

and benefit analyses, to help it identify 

and evaluate relevant matters for small 

entities, including compliance costs and 

other burdens that may result if the 

proposed recommendations in the 

FNPRM were adopted. 

E. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

The RFA requires an agency to 

describe any significant, specifically 

small business alternatives that it has 

considered in reaching its proposed 

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 or reporting requirements 

under the rule for such small entities; 

(3) the use of performance, rather than 

design, standards; and (4) and 

exemption from coverage of the rule, or 

any part thereof, for such small 

entities.’’ 

In the FNPRM, the Commission took 

the steps and raised for consideration 

the alternatives discussed herein which 

could minimize any significant 

economic impact on small entities of 

FEMA’s recommended EAS proposed 

rules changes. Regarding FEMA’s 

recommended event code rule changes, 

the Commission asks for comments on 

whether the proposed FEMA changes 

should be adopted. Where FEMA has 

presented two options in a 

recommendation, the Commission asks 

whether the proposed options are 

appropriate, and if so, what is the 

preferred approach. The Commission 

also inquires about the implications for 

EAS and other equipment, for other EAS 

and related Commission rules, and for 

technical and operation plans and 

protocols relating to EAS alerts. Further, 

the Commission inquires whether the 

proposed FEMA recommendations can 

be implemented for all EAS device 

models and at what costs, and whether 

the benefit of implementing the 

proposed changes exceed whatever 

costs might be incurred to implement 

them. 

The FEMA recommendation to 

change the EAS originator code for 

‘‘Primary Entry Point System,’’ from 

‘‘PEP,’’ to ‘‘NAT’’ and to either modify 

the definition for the EAN event code 

from ‘‘Emergency Action Notification 

(National Only),’’ to ‘‘Emergency Alert, 

National,’’ or replace the EAN event 

code with a new event code called 

‘‘NEM’’ would require EAS equipment 

manufacturers to develop software 

updates to implement the new code in 

deployed EAS equipment and EAS 

equipment in production. Such action 

also would require EAS Participants to 

acquire and install a software update to 

change the code in their EAS device. 

The Commission believes a software 

update imposes minimal costs for small 

and other entities, and the costs of such 

an action can be done in the normal 

course of business. The Commission is 

aware that some EAS device models in 

deployment might not be capable of 

being updated to reflect the new codes, 

and those devices would have to be 

replaced. As a possible alternative to a 

code change for EAN, the Commission 

asks, for example, whether retaining the 

EAN and revising its definition would 

be less costly than replacing it with a 

new code such as ‘‘NEM’’, or whether 

the revision of the EAN definition 

produce similar costs as a new code due 

to necessary technical and operational 

plan changes. The Commission also 

believes that should EAS event code 

changes be adopted, it may be possible 

to coordinate the implementation 

timeframe to allow a sufficient period of 

time for EAS Participants to complete 

the required installation in the normal 

course of the device’s regularly 

scheduled maintenance and which 

would help minimize the cost of the 

software update. 

The FEMA recommendation for the 

Commission to examine methods to 

update the EAS to ‘‘support persistent 

display of alert information and/or 

persistent notification for emergencies 

that require immediate public protective 

actions to mitigate loss of life’’ does not 

propose any particular methods or 

define the types of emergency events 

that would qualify and, therefore, the 

potential costs and burdens cannot be 

quantified. It is likely, however, that any 

action required to effectuate this 

recommendation would require 

extensive modifications to the EAS. 

Therefore, as an initial matter, the 

Commission seeks to identify what EAS 

event types would or would not qualify 

and what updates would be required to 

the EAS to accommodate the ‘‘persistent 

display of alert information and/or 

persistent notification’’ that FEMA 

requests. Further, within its 

recommendation FEMA proposes that 

alert originators can cancel an alert, 

however, there is no mechanism in the 

EAS to cancel a legacy EAS alert, and 

the Commission therefore seeks 

comment on whether a proposed rule to 

effectuate alert cancellation would 

necessarily require changing the EAS 

protocol or some other facet of the EAS 

architecture which could increase the 

costs for small and other impacted 

entities. The Commission expects that 

implementing FEMA’s persistent alert 

changes would require significant 

modifications to EAS devices, 

downstream processing equipment, 

cable equipment standards, and other 

equipment operated in the EAS 

ecosystem, and asks for information on 

the technical feasibility of FEMA’s 

request. In addition, the Commission 

seeks information on the costs that 

would be incurred and by whom, in 

implementing the proposed changes, on 

what, if any, ancillary costs would be 

associated with modifying downstream 

equipment, and whether the costs of 

implementing FEMA’s proposal be 

would be outweighed by any benefit of 

keeping the alert available to the public. 

In the alternative, the Commission 

asks commenters to consider whether 

there are less obtrusive means to 

achieve FEMA’s proposal, such as 


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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 46811 

relying on alert originators to repeat (reoriginate) alerts they deem significant 

enough to warrant such treatment. 

Significantly, the Commission raises as 

alternatives for comment whether 

FEMA’s proposal on keeping the alert 

information or notification persistent is 

more appropriately configured in a next 

generation EAS, and whether FEMA’s 

recommendation is more appropriately 

addressed in the Notice of Inquiry in 

this proceeding (seeking comment on 

internet related updates and 

improvements to the EAS). 

Throughout the FNPRM, the 

Commission has raised and requested 

comment on various issues relating to 

the technical feasibility, costs, benefits 

and the potential impact of 

implementing FEMA’s proposed EAS 

rule changes. This information will 

assist with the Commission’s evaluation 

of the economic impact on small 

entities, and to determine if the 

proposed FEMA rule changes are 

adopted, how to minimize any 

significant economic for small entities 

and will help identify potential 

alternatives not already considered. The 

Commission expects to more fully 

consider the economic impact and 

alternatives for small entities following 

the review of comments and reply 

comments filed in response to the 

FNPRM. Moreover, the Commission’s 

evaluation of the comments will shape 

the final alternatives it considers, the 

final conclusions it reaches, and the 

actions it ultimately takes in this 

proceeding to minimize any significant 

economic impact that may occur on 

small entities, if any of the proposed 

FEMA recommendations are adopted. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

None. 

Ordering Clauses 

Accordingly, it is ordered, pursuant to 

sections 1, 2, 4(i), 4(o), 301, 303(r), 

303(v), 307, 309, 335, 403, 624(g), 706, 

and 713 of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 152, 

154(i), 154(o), 301, 303(r), 303(v), 307, 

309, 335, 403, 544(g), and 606, as well 

as by sections 602(a), (b), (c), (f), 603, 

604 and 606 of the WARN Act, 47 

U.S.C. 1202(a), (b), (c), (f), 1203, 1204 

and 1206, Section 202 of the TwentyFirst Century Communications and 

Video Accessibility Act of 2010, as 

amended, 47 U.S.C. 613, and the 

National Defense Authorization Act for 

Fiscal Year 2021, Public Law 116–283, 

134 Stat. 3388, section 9201, 47 U.S.C. 

1201, 1206, that this Report and Order 

and Further Notice of Proposed 

Rulemaking in PS Docket Nos. 15–94 

and 15–91 is hereby adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–15174 Filed 8–19–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–2021–0001] 

RIN 2127–AM32 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: On January 14, 2021, NHTSA 

published an interim final rule in 

response to a petition for rulemaking 

from the Alliance for Automotive 

Innovation (Alliance). The interim final 

rule provided that an inflation 

adjustment to the civil penalty rate 

applicable to automobile manufacturers 

that violate applicable corporate average 

fuel economy (CAFE) standards would 

apply beginning with vehicle Model 

Year 2022. The interim final rule also 

requested comment. In light of a 

subsequent Executive Order and the 

agency’s review of comments, NHTSA is 

reviewing and reconsidering that 

interim final rule. Accordingly, NHTSA 

is issuing this supplemental notice of 

proposed rulemaking (SNPRM) to 

consider the appropriate path forward 

and to allow interested parties sufficient 

time to provide comments. 

DATES: Comments: Comments must be 

received by September 20, 2021. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. Eastern time, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

• Instructions: NHTSA has 

established a docket for this action. 

Direct your comments to Docket ID No. 

NHTSA–2021–0001. See the 

SUPPLEMENTARY INFORMATION section on 

‘‘Public Participation’’ for more 

information about submitting written 

comments. 

• Docket: All documents in the 

docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the following location: Docket 

Management Facility, M–30, U.S. 

Department of Transportation, West 

Building, Ground Floor, Rm. W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. The telephone 

number for the docket management 

facility is (202) 366–9324. The docket 

management facility is open between 9 

a.m. and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kuppersmith, Office of Chief 

Counsel, NHTSA, email 

michael.kuppersmith@dot.gov, 

telephone (202) 366–2992, facsimile 

(202) 366–3820, 1200 New Jersey Ave. 

SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Public Participation 

B. CAFE Statutory and Regulatory 

Background 

C. Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 

D. NHTSA’s Actions to Date Regarding CAFE 

Civil Penalties 

1. Initial Interim Final Rule 

2. Initial Petition for Reconsideration and 

Response 

3. NHTSA Reconsideration 

4. Subsequent Petitions and Interim Final 

Rule 


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