[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Page 20456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07719]



[[Page 20456]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 19-212; DA 21-387; FR ID 20567]


Completing the Transition to Electronic Filing, Licenses and 
Authorizations, and Correspondence in the Wireless Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopted an Order announcing changes to the Commission's 
rules that will become effective. To conform changes to a rule 
regarding submission of environmental assessments that the Commission 
had made in two prior decisions, the Commission amends the non-
substantive, editorial revisions by adding language pertaining to 
electronic filing.

DATES: Effective June 29, 2021.

FOR FURTHER INFORMATION CONTACT: Warren Firschein email: 
[email protected] of the Office of the Managing Director; or 
call the Office of the Managing Director at (202) 418-2653.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, ET Docket No. 19-126, DA 21-387, adopted and released on April 
2, 2021. The full text of this document is available for public 
inspection and can be downloaded at: https://docs.fcc.gov/public/attachments/DA-21-387A1.pdf or by using the search function for ET 
Docket No. 19-126 on the Commission's ECFS web page at www.fcc.gov/ecfs.

Synopsis

    1. The Commission updated the language of 47 CFR 1.1307(b) of the 
Commission's rules to insert the word ``electronically.'' This step is 
necessary because of two separate actions the Commission took to amend 
Sec.  1.1307 of the rules. On December 4, 2019, the Commission adopted 
a Second Report and Order in ET Docket No. 19-226, FCC 19-126. The 
Report and Order made amendments to Sec.  1.1307(b) that did not take 
effect immediately, pending concurrence by the Office of Management and 
Budget under the Paperwork Reduction Act. On September 16, 2020, the 
Commission adopted a Report and Order in WT Docket No. 19-212, FCC 20-
126, that modified the text of Sec.  1.1307(b) that was then in effect. 
The decision, which added references to electronic filing in multiple 
rule parts, was published in the Federal Register on December 29, 2020. 
The modifications to Sec.  1.1307 are not scheduled to take effect 
until June 29, 2021.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    2. Section 603 of the Regulatory Flexibility Act, as amended, 
requires a regulatory flexibility analysis in notice and comment 
rulemaking proceedings. See 5 U.S.C. 603(a). As we are adopting these 
rules without notice and comment, no regulatory flexibility analysis is 
required.

B. Final Paperwork Reduction Act of 1995 Analysis

    3. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

C. Congressional Review Act

    4. The Commission will not send a copy of the Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of agency organization, procedure, or practice 
that do not ``substantially affect the rights or obligations of non-
agency parties. See 5 U.S.C. 804(3)(C).

Ordering Clause

    5. Accordingly, it is ordered, pursuant to the authority delegated 
under 47 CFR 0.23l(b), 47 CFR 1.1307(b) is amended as set forth below 
effective June 29. 2021 and substituting for and superseding the 
corresponding amendment to Sec.  1.1307(b) contained in 85 FR 33578 
that would otherwise become effective on June 29, 2021.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation to part 1 continues to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


0
2. Section 1.1307 is amended by revising paragraph (b)(1)(ii) to read 
as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EA) must be prepared.

* * * * *
    (b)(1) * * *
    (ii) Compliance with these limits for fixed RF source(s) may be 
accomplished by use of mitigation actions, as provided in Sec.  
1.1307(b)(4). Upon request by the Commission, the party seeking or 
holding such authorization must electronically submit technical 
information showing the basis for such compliance, either by exemption 
or evaluation. Notwithstanding the preceding requirements, in the event 
that RF sources cause human exposure to levels of RF radiation in 
excess of the limits in Sec.  1.1310 of this chapter, such RF exposure 
exemptions and evaluations are not deemed sufficient to show that there 
is no significant effect on the quality of the human environment or 
that the RF sources are categorically excluded from environmental 
processing.
* * * * *
[FR Doc. 2021-07719 Filed 4-19-21; 8:45 am]
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