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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
of the United States. EPA will submit a report containing this document and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042. This final action will be effective February 9, 2021.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections 2002a, 3006, and 7004b of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912a, 6926, and 6974b.
Cheryl Newton, Acting Regional Administrator.
FR Doc. 202102427 Filed 2821; 8:45 am BILLING CODE 656050P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 9
PS Docket No. 07114; FCC 2111, FRS
17452

Wireless E911 Location Accuracy Requirements Federal Communications Commission.
ACTION: Final rule.
AGENCY:

In this document, the Commission adopted an Order on Reconsideration that dismisses two petitions for reconsideration filed by CTIA and the Association of PublicSafety Communications OfficialsInternational, Inc. APCO with respect to the Sixth Report and Order. As an alternative and independent ground for resolving the issues raised, the Commission denies the petitions on the merits.
DATES: Effective Date: March 11, 2021.
FOR FURTHER INFORMATION CONTACT:
Rachel Wehr, Law Clerk, Policy and Licensing Division, Public Safety and Homeland Security Bureau, 202 418
1138 or via email at Rachel.Wehr@
fcc.gov.

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SUMMARY:

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This is a summary of the Commissions Order on Reconsideration, FCC 2111, adopted and released on January 11, 2021. The complete text of this document is available for public inspection on the Commissions website at https
docs.fcc.gov/public/attachments/FCC21-11A1.pdf. 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 4180530 voice, 202
4180432 TTY.

SUPPLEMENTARY INFORMATION:

Synopsis 1. The Order on Reconsideration dismisses two petitions for reconsideration of the Sixth Report and Order, 85 FR 53234 Aug. 28, 2020, filed by CTIA and APCO, 85 FR 66333
Oct. 19, 2020, as procedurally defective and, in the alternative, denies these petitions on their merits. In the Fifth Report and Order, 85 FR 2660 Jan.
16, 2020, the Commission adopted a zaxis vertical location accuracy metric of plus or minus 3 meters for 80 percent of indoor wireless Enhanced 911 E911
calls for z-axis capable handsets. The Commission also required nationwide commercial mobile radio service CMRS providers to deploy dispatchable location or z-axis technology that meets this metric in the top 25 markets by April 3, 2021 and in the top 50 markets by April 3, 2023. In a companion Fifth Further Notice of Proposed Rulemaking, 85 FR 2683 Jan.
16, 2020, the Commission proposed rules to improve E911 wireless location accuracy. Among other things, the Commission sought comment on alternative methods for carriers to demonstrate z-axis technology deployment and expanding dispatchable location solutions. In the Sixth Report and Order, the Commission rejected arguments to extend the deployment timeline and added a requirement for nationwide CMRS providers to deploy z-axis location technology nationwide by April 2025. In addition, the Commission required CMRS providers, as of January 6, 2022, to provide dispatchable location for wireless 911 calls if it is technically feasible and cost-effective to do so. The Commission also allowed providers to provide dispatchable location by means other than the National Emergency Address Database NEAD, which ceased operations subsequent to the release of the Fifth Further Notice of Proposed Rulemaking.
2. CTIA and APCO filed their petitions on September 28 and
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September 23, 2020, respectively. In its petition, CTIA argued that the COVID
19 pandemic has stalled any ability to validate whether z-axis location solutions can meet the Commissions vertical location accuracy requirements.
CTIA also asserted that the compliance timeline adopted by the Commission was premised on vendor promises that have not panned out and that time is running out for meeting the April 2021
deadline. According to CTIA, reconsideration of the Sixth Report and Order would provide an opportunity for the Commission to adopt a framework based on the use of mobile OS-based solutions. CTIA asserted that this would provide a viable path to achieving accurate 9-1-1 vertical location information nationwide. In its reconsideration petition, APCO asked the Commission to require CMRS
providers to deliver dispatchable location for a minimum percentage of 911 callsan alternative that APCO had previously proposed and the Commission rejectedrather than tie the dispatchable location benchmark to the number of address reference points in a location database. In addition, APCO sought reconsideration of the requirement that CMRS providers supply dispatchable location if it is technically feasible and cost effective to do so. APCO took issue with the Commissions prior decision not to adopt its proposal to require dispatchable location for a minimum percentage of calls and disputed the conclusion that a minimum percentage threshold would go beyond what is technically feasible and cost effective.
3. The Commission determined that CTIAs petition for reconsideration of the longstanding timelines for implementing the z-axis was repetitive, untimely, and failed to offer sufficient factual details that would support grant of a waiver to a particular provider. The Commission determined that CTIAs petition was procedurally improper because it repeated arguments raised by other commenters that the Commission fully addressed in the Sixth Report and Order. While the Commission noted in the Sixth Report and Order that the pandemic had created challenges, the Commission declined to change the long-established 2021 deadline. The Commission also stated in the Sixth Report and Order that parties able to show good cause due to pandemicrelated hardship could seek a waiver in accordance with the Commissions rules. CTIA failed to offer sufficient factual details about any of its individual member service providers that would support grant of a waiver to
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