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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations Dated: August 12, 2021
A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
FR Doc. 202117892 Filed 81921; 8:45 am BILLING CODE 911004P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 10 and 11
PS Docket Nos. 1594 and 1591; FCC 21
77; FR ID 37637

Emergency Alert System, Wireless Emergency Alerts; National Defense Authorization Act for Fiscal Year 2021
Federal Communications Commission.
ACTION: Final rule.
AGENCY:

In this document, the Federal Communication Commission the FCC
or Commission, implements section 9201 of the National Defense Authorization Act for Fiscal Year 2021, improving the way the public receives emergency alerts from the nations Emergency Alert System EAS and Wireless Emergency Alerts System WEA on their mobile phones, televisions, and radios. The Commission adopts rules to ensure that more people receive relevant emergency alerts, to enable EAS and WEA participants to report false alerts when they occur, and to improve the way states plan for emergency alerts.
DATES: Effective September 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Christopher Fedeli, Attorney Advisor, Public Safety and Homeland Security Bureau at 2024181514 or Christopher.Fedeli@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Report and Order Order and Further Notice of Proposed Rulemaking, in PS Docket Nos. 1594 and 1591, FCC 2177, adopted and released on June 17, 2021.
The full text of this document is available at https www.fcc.gov/
document/fcc-further-strengthensemergency-alerting-0.
SUMMARY:

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Synopsis In the Report and Order Order, the Commission takes measures to enhance the efficacy of the EAS and WEA. The nations EAS and WEA ensure that the public is quickly informed about emergency alerts issued by federal, state, local, Tribal, and territorial governments and delivered over the radio, television, and mobile wireless devices. Specifically, and in
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consultation with the Federal Emergency Management Agency FEMA, the Commission implements Section 9201 of the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116283, 134 Stat. 3388, 9201 NDAA21, which requires the Commission to complete a rulemaking and adopt rules within 180 days to a ensure mobile devices cannot opt out of receiving WEA alerts from the FEMA
Administrator; b establish a state EAS
plan checklist for State Emergency Communications Committees SECCs and amend the requirements for SECCs, to ensure they meet, review, and update their EAS plans annually; c enable reporting by the FEMA Administrator and State, Tribal, or local governments of false EAS and WEA alerts; and d provide for repeating EAS alerts issued by the President, the FEMA
Administrator, and any other entity determined appropriate by the Commission, in consultation with the FEMA Administrator. The Commission believes the rules it adopts today will improve the capabilities and efficacy of EAS and WEA as systems for distributing vital alert information to all Americans, and will do so in a costeffective manner.
The Commission implements section 9201a of the NDAA21 by adopting rules to ensure that mobile devices cannot opt-out of receiving WEA alerts from the FEMA Administrator. The Commission implements section 9201b of the NDAA21 by adopting rules to i encourage chief executives of states and territories to form SECCs if none exist in their states, or if the state has an SECC, to review its composition and governance criteria; ii include as a required element in the State EAS
Plan, a certification by the SECC
Chairperson or Vice-Chairperson that the SECC met in person, via teleconference, or via other methods of conducting virtual meetings at least once in the twelve months prior to submitting the annual updated plan to review and update their State EAS
Planand incorporate such certification into the Alert Reporting System ARS;
iii require that the Public Safety and Homeland Security Bureau Bureau to approve or reject State EAS Plans submitted for approval within 60 days of receiptfor those instances in which the Bureau finds defects in a submitted plan requiring correction by the SECC, that State EAS Plan will be considered to be temporarily withdrawn, restarting the 60-day review and approval period anew upon resubmission of the corrected plan in ARS; iv require the
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Bureau to list the approval dates of State EAS Plans submitted on ARS on the Commissions website, and in the event a final decision is made to deny a plan, directly notify the chief executive of the State to which the plan applies of that determination and the reasons for such denial within 30 days of such decision;
and v adopt an EAS Plan Content Checklist composed of the plan content requirements set forth in 11.21 of the Commissions rules, 47 CFR 11.21, and direct the Bureau to post the checklist on the Commissions website and incorporate it as an appendix in the ARS user manual.
The Commission implements section 9201c of the NDAA21 by adopting rules to enable the Administrator of FEMA and state, local, Tribal, and territorial governments to report false EAS and WEA alerts when they occur.
The Commission implements section 9201d of the NDAA21 by adopting a rule specifying how alert originators can repeat their alert transmissions. The rules the Commission adopts are intended to facilitate the further development of a robust and redundant system for distributing vital alert information to all Americans.
Accessible Formats 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, 2024180432 tty.
Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the Notice of Proposed Rulemaking NPRM
in PS Docket Nos. 1594 and 1591, 86
FR 16565 Mar. 30, 2021. The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. No comments were filed addressing the IRFA. This present Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
A. Need for, and Objectives of, the Final Rules In the Order, the Commission adopts rules to improve the way the public receives emergency alerts on their mobile phones, televisions, and radios via WEA and EAS, in response to the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021. WEA and EAS ensure that the public is quickly informed about emergency alerts issued by federal,
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