2011-23847. Notice of Public Information Collection(s) Being Submitted for Emergency Review and Approval to the Office of Management and Budget (OMB), Comments Requested

September 12, 2011.

SUMMARY:

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees.

The FCC may not conduct or sponsor a collection of information unless it displays a currently 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 (PRA) that does not display a currently valid OMB control number.

DATES:

Written Paperwork Reduction Act (PRA) comments should be submitted on or before October 19, 2011. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible.

ADDRESSES:

Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or via the Internet at [e-mail] and to the Federal Communications Commission via e-mail to [e-mail]. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://reginfo.gov/​public/​do/​PRAMain,, (2) look for the section of the Web page called “Currently Under Review”, (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, and (6) when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR.

FOR FURTHER INFORMATION CONTACT:

Benish Shah, Office of Managing Director, [phone]. For additional information or copies of the information collection(s), contact [e-mail], OMD, 202-418-0214.

SUPPLEMENTARY INFORMATION:

The Commission is seeking emergency OMB review by October 17, 2011 for this revised information collection and has requested OMB approval 20 days after the collection is received at OMB. (Note: The Commission published a regular 60-day notice in the Federal Register on August 23, 2011 (76 FR 52662)). It was later determined that the Commission needed to seek emergency processing of this information collection in order to implement the newly created electronic database in mid-October.

OMB Control Number: 3060-0207.

Title: Emergency Alert System (EAS).

Form Number: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Business or other for-profit entities; state, local or tribal government; and not-for-profit institutions.

Number of Respondents and Responses: 3,569,028 respondents; 3,569,028 responses.

Estimated Time per Response: .034-20 hours.

Frequency of Response: Reporting requirement, recordkeeping requirement and third party disclosure requirement.

Obligation to Respond: Voluntary. Statutory authority for this information collection is contained in 47 U.S.C. sections 154(i) and 606.

Total Annual Burden: 82,008 hours.

Total Annual Cost: N/A.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: The Commission will treat submissions pursuant to 47 CFR 11.61(a)(3) as confidential.

Needs and Uses: On March 10, 2010, OMB approved the collection of information set forth in the Second FNPRM in EB Docket No. 04-296, FCC 09-10. Specifically, OMB authorized the Commission to require entities require to participate in EAS (EAS participants) to gather and submit the following information on the operation of their EAS equipment during a national test of the EAS: (1) Whether they received the alert message during the designated test; (2) whether they retransmitted the alert; and (3) if they were not able to receive and/or transmit the alert, their “best effort” diagnostic analysis regarding the cause or causes for such failure. OMB also authorized the Commission to require EAS participants to provide it with the date/time of receipt of the Emergency Action Notification (EAN) message by all stations; and the date/time of receipt of the Emergency Action Termination (EAT) message by all stations; a description of their station identification and level of designation (PEP, LP-1, etc); who they were monitoring at the time of the test, and the make and model of the EAS equipment that they utilized.

In the Third Report and Order in EB Docket No. 04-296, FCC 09-10, the Commission adopted the foregoing rule requirements. In addition, the Commission decided that test data will be presumed confidential and disclosure of the test data will be limited to FEMA, NWS and EOP at the federal level. At the state level, test data will be made available only to state government emergency management agencies that have confidential treatment protections at least equal to Freedom of Information Act (FOIA). The process by which these agencies would receive test data will comport with those used to provide access to the Commission's NORS and DIRS data. We seek a shortened comment period on this revision of the pre-approved collection.

In the Third Report and Order, the Commission also indicated that it would establish a voluntary electronic reporting system that EAS test participants may use as part of their participation in the national EAS test. The Commission noted that using this system, EAS test participants could input the same information that they were already required to file manually via a Web-based interface into a confidential database that the Commission would monitor and assess the test. This information would include identifying information such as station call letters, license identification number, geographic coordinates, EAS assignment (LP, NP, etc.), EAS monitoring assignment, as well as a 24/7 emergency contact for EAS participant. The only difference, other than the electronic nature of the filing, would be the timing of the collection. On the day of the test, EAS test participants would be able to input immediate test results, (e.g., was the EAN received and did it pass) into a Web-based interface. Test participants would submit the identifying data prior to the test date, and the remaining data called for by our reporting rules (e.g., the detailed test results) within the 45 day period. The Commission believes that structuring an electronic reporting system in this fashion would allow the participants to populate the database with known information well prior to the test, and thus be able to provide the Commission with actual test data, both close to real-time and within a reasonable period in a minimally burdensome fashion. The Commission also seeks comment on this revision of the pre-approved collection.

Federal Communications Commission.

Avis Mitchell,

Federal Register Liaison, Office of the Secretary, Office of Managing Director.