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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules must be filed consistent with rule 1.1206b. In proceedings governed by rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Synopsis In the Further Notice of Proposed Rulemaking FNPRM, the Commission seeks comment on several recommendations made by FEMA for revising the EAS rules to enhance its functionality. Specifically, the Commission seeks comment on FEMAs proposed rule changes recommending:
i Deleting the National Information Center NIC event code from part 11 of the Commissions rules; ii replacing the EAS originator code for the Primary Entry Point System, from PEP, to NAT, which would stand for National Authority; iii either modifying the definition for the Emergency Action Notification EAN
event code from Emergency Action Notification National Only, to Emergency Alert, National, or replacing the EAN event code with a new event code called NEM, defined as National Emergency Message; and iv considering methods to update the EAS to support persistent display of alert information and/or persistent notification for emergencies that require immediate public protective actions to mitigate loss of life.

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Paperwork Reduction Act of 1995
Analysis The FNPRM may contain new or modified information collections subject to the Paperwork Reduction Act of 1995 PRA. If the Commission adopts any new or modified information collection requirements, they will be submitted to the Office of Management and Budget OMB for review under section 3507d of the PRA. OMB, the general public, and other federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, the Commission seeks specific comment on how it might further reduce the information
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collection burden for small business concerns with fewer than 25 employees.

alert information persistent would ensure that the pubic received the alert.

Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, the Commission has prepared this Initial Regulatory Flexibility Analysis IRFA of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in the FNPRM. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA
and must be filed by the deadlines for comments on the Notice. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration SBA. In addition, the NPRM and IRFA or summaries thereof will be published in the Federal Register.

B. Legal Basis The proposed action is authorized pursuant to sections 1, 2, 4i, 4o, 301, 303r, 303v, 307, 309, 335, 403, 624g, 706, and 713 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154i, 154o, 301, 303r, 303v, 307, 309, 335, 403, 544g, and 606, as well as by sections 602a, b, c, f, 603, 604 and 606 of the WARN Act, 47 U.S.C.
1202a, b, c, f, 1203, 1204 and 1206, Section 202 of the Twenty-First Century Communications and Video Accessibility Act of 2010, as amended, 47 U.S.C. 613, and the National Defense Authorization Act for Fiscal Year 2021, Public Law 116283, 134 Stat. 3388, section 9201, 47 U.S.C. 1201, 1206.

A. Need for, and Objectives of, the Proposed Rules In the FNPRM, the Commission seeks comment on proposed changes to the EAS rules suggested by FEMA. FEMA
indicates the changes are needed to ensure that the Integrated Public Alert and Warning System IPAWS Open Platform for Emergency Networks that it manages is able to provide maximum effectiveness now and in the future in light of the requirements outlined in the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 NDAA21. Specifically, the Commission seeks comment on FEMAs proposed rule changes recommending:
i Deleting the National Information Center NIC event code from part 11 of the Commissions rules; ii replacing the EAS originator code for the Primary Entry Point System, from PEP, to NAT, which would stand for National Authority; iii either modifying the definition for the Emergency Action Notification EAN
event code from Emergency Action Notification National Only, to Emergency Alert, National, or replacing the EAN event code with a new event code called NEM, defined as National Emergency Message; and iv considering methods to update the EAS to support persistent display of alert information and/or persistent notification for emergencies that require immediate public protective actions to mitigate loss of life. FEMA asserts that the NIC is no longer in use, and changing the PEP and EAN codes would prevent public confusion about their meaning if included in the visual scroll or audio message elements of an actual EAS alert. FEMA states that keeping
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C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of, the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction.
In addition, the term small business has the same meaning as the term small business concern under the Small Business Act. A small business concern is one which: 1 Is independently owned and operated; 2
is not dominant in its field of operation;
and 3 satisfies any additional criteria established by the SBA.
Small Businesses, Small Organizations, and Small Governmental Jurisdictions. The Commissions action may, over time, affect small entities that are not easily categorized at present.
The Commission therefore describes here, at the outset, three broad groups of small entities that could be directly affected herein. First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the SBAs Office of Advocacy, in general a small business is an independent business having fewer than 500 employees. These types of small businesses represent 99.9% of all businesses in the United States which translates to 30.7 million businesses.
Next, the type of small entity described as a small organization is generally any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. Internal Revenue Service IRS

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