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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations any particular provider. The Commission also determined that CTIAs petition to revise the 2021 and 2023 deadlines was untimely, as these deadlines were established in the 2015
Fourth Report and Order. In response to CTIAs argument that postponement of Stage Zb testing created an insurmountable obstacle for meeting the Commissions timelines, the Commission found that it had already determined in the Sixth Report and Order and Fifth Report and Order that compliance was feasible, and the deployment of mobile OS-based technologies had no bearing on that feasibility. In response to CTIAs argument that indoor location accuracy benchmarks are a mandate that providers use barometric sensor-based solutions, the Commission noted that the Sixth Report and Order does not require providers to use any particular technology. The Commission also disagreed with CTIAs claim that the Sixth Report and Order improperly relied on vendors claims, as the Sixth Report and Order underscored the active role that CMRS providers would need to play in the deployment of z-axis solutions. In addition, the Commission found that, contrary to CTIAs assertions, it had adequately considered the benefits of the nationwide providers proposed solution in the Sixth Report and Order, and the decision was consistent with Commission precedent.
Further, the Commission found that it had reasonably relied on confidence and uncertainty standards in the rules.
4. Similarly, the Commission determined that APCOs petition for reconsideration of certain requirements was repetitive, untimely, and misconstrued the record of this proceeding, which affirms that a diverse array of technological approaches could be used to provide dispatchable location. The Commission determined that APCOs petition for reconsideration was repetitive, as the Commission had already considered and rejected in the Sixth Report and Order APCOs suggestion that the Commission revise its rules to require CMRS providers to provide dispatchable location for a minimum percentage of 911 calls. The Commission also determined that APCOs argument that notice was insufficient for the Commissions decision to convert the NEAD
benchmark to an any database benchmark misconstrued the record, as the Commission anticipated the possibility of the NEADs failure in the Fifth Further Notice and proposed allowing CMRS providers to use other databases to support dispatchable
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location. In addition, the Commission determined that APCOs argument asking the Commission to substitute a dispatchable location requirement based on a minimum percentage of calls was untimely, as the deployment and reference point requirements were adopted in the 2015 Fourth Report and Order. The Commission further found, contrary to APCOs arguments, that the existing reference point benchmark was reasonable and that the demise of the NEAD does not require changing it; in amending the rules to allow alternatives to the NEAD, the Commission made clear that any carrier using a non-NEAD
database to support dispatchable location must meet the same technical and functional requirements that would have applied to the NEAD. The Commission affirmed its requirement adopted in the Sixth Report and Order that CMRS carriers provide dispatchable location with wireless E911 calls when it is technically feasible and cost effective to do so. The Commission also found that APCOs proposed percentage-of-calls approach was arbitrary and lacked any showing of technical feasibility or costeffectiveness.
I. Procedural Matters
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II. Ordering Clauses 8. Accordingly, it is ordered that the Petition for Reconsideration filed on September 28, 2020, by CTIA is dismissed and, alternatively and independently, is denied.
9. It is further ordered that the Petition for Reconsideration filed on September 23, 2020, by the Association of Public-Safety Communications Officials-International, Inc. is dismissed and, alternatively and independently, is denied.
10. It is further ordered that this Order on Reconsideration shall be effective thirty days after publication in the Federal Register.
Federal Communications Commission.
Marlene Dortch, Secretary.
FR Doc. 202102678 Filed 2521; 11:15 am BILLING CODE 671201P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 10
Docket No. FWSHQMB20180090;
FF09M22000201FXMB1231090BPP0
RIN 1018BD76

5. Paperwork Reduction Act Analysis.
This Order on Reconsideration does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 10413. Thus, 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 107198, see 44 U.S.C.
3506c4.
6. Congressional Review Act. The Commission will not send a copy of this Order on Reconsideration to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801a1A, because no rule was adopted or amended.
7. Regulatory Flexibility Act Analysis.
In the Sixth Report and Order, the Commission provided a Final Regulatory Flexibility Analysis pursuant to the Regulatory Flexibility Act of 1980, as amended RFA. We received no petitions for reconsideration of that Final Regulatory Flexibility Analysis. In this present Order on Reconsideration, the Commission promulgates no additional final rules. Our present action is, therefore, not an RFA matter.

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Regulations Governing Take of Migratory Birds; Delay of Effective Date Fish and Wildlife Service, Interior.
ACTION: Final rule; delay of effective date and request for public comments.
AGENCY:

On January 7, 2021, we, the U.S. Fish and Wildlife Service, published a final rule MBTA rule defining the scope of the Migratory Bird Treaty Act MBTA as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. We are delaying the MBTA
rules effective date until March 8, 2021, in conformity with the Congressional Review Act CRA. We request public comments to inform our review of this final rule and to determine whether the further extension of the effective date is necessary.
DATES:
Effective Date: As of February 5, 2021, the effective date of the rule that published on January 7, 2021, at 86 FR
1134, is delayed until March 8, 2021.
Written Comments: We request public comments on issues of fact, law, and policy raised by the MBTA rule published on January 7, 2021 86 FR
1134, and on whether that rule should SUMMARY:

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