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


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0057; FRS 17100]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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

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

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

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

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

[[Page 60784]]

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

Sec.  2.1091 Radiofrequency Radiation Exposure Evaluation: Mobile 
Devices.

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

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

Sec.  2.1093 Radiofrequency Radiation Exposure Evaluation: Portable 
Devices

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

[[Page 60785]]

[GRAPHIC] [TIFF OMITTED] TN28SE20.002

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

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

[[Page 60786]]

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

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