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


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 2

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


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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

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

[[Page 20457]]

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

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

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

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

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on March 1, 2021, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR 
parts 1 and 2.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers are 3060-0004 and 3060-0057.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0004.
    OMB Approval Date: March 1, 2021.
    OMB Expiration Date: March 31, 2024.
    Title: Sections 1.1307 and 1.1311, Guidelines for Evaluating the 
Environmental Effects of Radiofrequency.
    Form Number: N/A.
    Respondents: Business or other for-profit; Not-for-profit 
institutions, Individuals or households, State, Local or Tribal 
Government.
    Number of Respondents and Responses: 335,441 respondents; 335,441 
responses.
    Estimated Time per Response: 5 minutes (0.0833 hours)--20 hours.
    Frequency of Response: On occasion reporting requirements; 
Recordkeeping requirements and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 154(i), 302, 303, 303(r), and 307.
    Total Annual Burden: 41,997 hours.
    Total Annual Cost: $2,933,431.
    Nature and Extent of Confidentiality: Minimal exemption from the 
Freedom of Information Act (FOIA) under 5 U.S.C. 552(b)(4) and FCC 
rules under 47 CFR 0.457(d) is granted for trade secrets and privileged 
or confidential commercial or financial information, which may be 
submitted to the Commission as part of the documentation of test 
results. No other assurances of confidentiality are provided to 
respondents.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On November 27, 2019, the Commission adopted the RF 
Second Report and Order, ET Docket 03-137, 13-84 and 19-226, FCC 19-
126, which involves updates to 47 CFR part 1--Actions that may have a 
significant environmental effect, for which Environmental Assessments 
(EA) must be prepared. The Second Report and Order included amendments 
to rule section 1.1307 requiring approval by OMB under the Paperwork 
Reduction Act. Revisions to the associated information collection 
effected by the amendments to rule section 1.1307 are reported herein. 
Accordingly, 47 CFR 1.1307 was amended to read as shown below. These 
rules will become effective on May 3, 2021.
    The Second Report and Order also provided a two-year period for 
existing licensees to ensure that they are in compliance with the new 
rules. The Commission confirmed that this period begins upon the 
effective date of the rules. It further stated that new facilities and 
operations (e.g., broadcast facilities and wireless base stations) will 
be subject to compliance with the new rules upon the effective date of 
the rules. ``New facilities'' means facilities authorized on a site-
specific basis on or after the effective date of the new rules or, for 
facilities deployed and operating under existing license authorization 
or rule part (such as a geographic area license or unlicensed or 
licensed by rule), facilities whose construction and operation is 
completed on or after that date. A facility will still be ``new'' for 
these purposes even if it is located on an existing, registered antenna 
structure. In addition, any facility or operation that is modified in a 
way that could affect RF exposure after the effective date of the rules 
also must comply with the new rules no later than the time at which it 
is modified.
    All other licensees and operators of existing facilities and 
operations will have two years from May 3, 2021 to ensure that they are 
in compliance with the new rules. This includes parties whose licenses 
are renewed during the two-year period and those who make modifications 
that would not affect RF exposure (such as administrative updates). 
These parties will have to determine whether any of their existing 
facilities and operations that were previously excluded under the old 
rules qualify for an exemption under the new rules. If they do not 
qualify for an exemption, they must perform an evaluation. Facilities 
and operations that require mitigation must come into compliance with 
the new, detailed requirements for signage, access control, etc. While 
these parties may rely upon their compliance with the rules as they 
existed prior to the RF Report and Order during the two-year period, 
they must comply with the new rules no later than the end of the two-
year period.

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

[[Page 20458]]

    Estimated Time per Response: 8.11 hours (rounded).
    Frequency of Response: On occasion reporting requirements; and 
third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r).
    Total Annual Burden: 201,603 hours.
    Total Annual Cost: $50,155,140. Nature and Extent of 
Confidentiality: Minimal exemption from the Freedom of Information Act 
(FOIA) under 5 U.S.C. 552(b)(4) and FCC rules under 47 CFR 0.457(d) is 
granted for trade secrets which may be submitted as attachments to the 
application FCC Form 731. No other assurances of confidentiality are 
provided to respondents.
    Privacy Act Impact Assessment: Yes. The personally identifiable 
information (PII) in this information collection is covered by a 
Privacy Impact Assessment (PIA), Equipment Authorizations Records and 
Files Information System. It is posted at: https://www.fcc.gov/general/privacy-act-information#pia.
    Needs and Uses: On November 27, 2019, the Commission adopted the RF 
Second Report and Order, ET Docket 03-137, 13-84 and 19-226, FCC 19-
126, which involves updates to 47 CFR part 2--Radiofrequency (RF) 
Exposure Evaluation. The Second Report and Order included amendments to 
rule sections 2.1091 and 2.1093 requiring approval by OMB under the 
Paperwork Reduction Act. Revisions to the associated information 
collection effected by amendments to rule sections 2.1091 and 2.1093 
are reported herein. Accordingly, 47 CFR 2.1091 was amended by revising 
paragraphs (b), (c), (d)(1), and (d)(2) and 47 CFR 2.1093 was amended 
by revising paragraphs (b), (c) and (d) to read as set forth below. 
These rules will become effective on May 3, 2021.
    With respect to the two-year period provided by the Second Report 
and Order for existing licensees to ensure that they are in compliance 
with the new rules, the Commission stated that, for transmitting 
equipment, parties may continue to rely upon their compliance with the 
rules as they existed prior to the RF Report and Order as long as 
certified equipment is not modified in a way that could affect RF 
exposure; it confirmed that a two-year review period is not needed for 
such equipment. Certification applications for new and modified 
equipment must follow the Commission's equipment authorization 
procedures that are currently in effect.

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