Further Streamlining FCC Rules Governing Satellite Services
| Published date | 01 March 2021 |
| Citation | 86 FR 11880 |
| Record Number | 2020-28907 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
11880
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
■1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
■2. In 52.1770, amend the table in
paragraph (c)(1) by revising the entry for
‘‘Section .0306’’ under ‘‘Subchapter 2Q
Air Quality Permits’’, under ‘‘Section
.0300 Construction and Operating
Permits’’ to read as follows:
§ 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA A
PPROVED
N
ORTH
C
AROLINA
R
EGULATIONS
State citation Title/subject State
effective date EPA approval date Explanation
*******
Subchapter 2Q Air Quality Permits
*******
Section .0300 Construction and Operating Permits
*******
Section .0306 ........... Permits Requiring Public Participation ...... 4/1/2018 3/1/2021, [Insert citation of publication].
*******
* * * * *
[FR Doc. 2021–04064 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 18–314; FCC 20–159; FRS
17350]
Further Streamlining FCC Rules
Governing Satellite Services
AGENCY
: Federal Communications
Commission.
ACTION
: Final rule.
SUMMARY
: In this document, the Federal
Communications Commission
(Commission or we) streamlines its
rules governing satellite services by
creating an optional framework for the
authorization of blanket-licensed earth
stations and space stations in a satellite
system through a unified license. The
Commission also aligns the build-out
requirements for earth stations and
space stations and eliminates
unnecessary reporting rules.
DATES
: Effective March 31, 2021, except
instruction 6 adding 47 CFR 25.136(h)
which is delayed. The Commission will
publish a document in the Federal
Register announcing the effective date
of 47 CFR 25.136(h).
FOR FURTHER INFORMATION CONTACT
: Clay
DeCell, Clay.DeCell@fcc.gov, 202–418–
0803, or if concerning the information
collections in this document, Cathy
Williams, Cathy.Williams@fcc.gov, 202–
418–2918.
SUPPLEMENTARY INFORMATION
: This is a
summary of the Commission’s Report
and Order, FCC 20–159, adopted
November 18, 2020, and released
November 19, 2020. The full text of the
Report and Order is available at https://
docs.fcc.gov/public/attachments/FCC-
20-159A1.pdf. To request materials in
accessible formats for people with
disabilities, send an email to FCC504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Congressional Review Act
The Commission has determined, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Second Report and
Order to Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Synopsis
In this Report and Order, the
Commission streamlines its rules
governing satellite services by creating
an optional framework for authorizing
both the blanket-licensed earth stations
and space stations of a satellite system
through a unified license. We also align
the build-out requirements for earth
stations and space stations and
eliminate unnecessary reporting rules.
These changes will reduce regulatory
burdens, simplify the Commission’s
licensing of satellite systems, and
provide additional operational
flexibility.
A. Unified License for Space Station
and Blanket-Licensed Earth Station
Operations
On January 31, 2019, the Commission
proposed at 84 FR 638 a simple
framework for an optional unified
license. The unified license would
authorize operations of the satellite
network, i.e., the space station and the
earth stations operating with that space
station. The unified license would be
held by the satellite operator. To receive
a unified license, the satellite operator
would have to file an application with
the normally required space station
application information, plus certain
certifications and information regarding
earth station operations. It would not
have to provide a Form 312 Schedule B
or the detailed earth station information
that would otherwise be required, but
which is rendered duplicative or
unnecessary by what was already
submitted for the space station.
Accordingly, the unified license would
offer a more efficient means to authorize
the earth stations in a satellite network,
and one that better reflects the
flexibility satellite operators exercise
over the parameters of their satellite
networks.
Scope. After review of the information
submitted in the record, we conclude
that the streamlining benefits of a
unified authorization could apply to a
variety of satellite and earth station
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licensees, and that we need not limit its
application initially to certain
regulatory frameworks. Accordingly, we
will broadly make available a unified
licensing option to all types of satellite
and blanket-licensed earth station
operations in the frequency bands listed
below, including Earth Station in
Motion (ESIM) operations in these
bands. We will also permit non-U.S.-
licensed satellite operators to receive a
single grant with U.S. market access and
blanket-licensed earth station operating
authority. As proposed, the unified
license will be held by the satellite
operator, including authority for the
blanket-licensed earth stations. We
make the unified licensing framework
available to operators in the following
frequency bands:
Non-Voice, Non-Geostationary Mobile-
Satellite Service (MSS): 137–138 MHz, 148–
150.05 MHz, 399.9–400.05 MHz, and 400.15–
401 MHz;
1.5/1.6 GHz MSS: 1525–1559 MHz and
1626.5–1660.5 MHz;
1.6/2.4 GHz MSS: 1610–1626.5 MHz and
2483.5–2500 MHz;
2 GHz MSS: 2000–2020 MHz and 2180–
2200 MHz;
GSO FSS: 10.7–12.2 GHz, 14–14.5 GHz,
18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6
GHz, 29.25–30 GHz, 40–42 GHz, and 48.2–
50.2 GHz;
NGSO FSS: 10.7–12.7 GHz, 14–14.5 GHz,
17.8–18.6 GHz, 18.8–19.4 GHz, 19.6–20.2
GHz, 28.35–29.1 GHz, 29.5–30 GHz, 40–42
GHz, and 48.2–50.2 GHz; and
GSO and NGSO MSS: 19.7–20.2 GHz and
29.5–30 GHz.
As stated in the proposed rule, we
will exclude from unified licensing any
fixed-satellite service (FSS) operations
under 10 GHz in light of ongoing
Commission rulemakings and the
unique, transitional status of some FSS
operations in these bands. In addition,
we will allow only blanket-licensed
earth station operations to be included
in a unified license. Thus, unified
licensing will not be available in any
frequency band shared with UMFUS.
But in bands adjacent to UMFUS
operations, FSS operations are
authorized on a blanket-licensed basis
today without any coordination with
UMFUS. We reject any suggestion to
revisit blanket FSS licensing in such
bands. Similarly, we find no basis in the
record to exclude from eligibility ESIM
operations in the 28.35–28.6 GHz band
adjacent to the 27.5–28.35 GHz band
shared with UMFUS. The issue of out-
of-band emissions from ESIMs operating
in the 28.35–28.6 GHz band is currently
being explored in a separate rulemaking
and is not affected by the licensing
posture of an ESIM in a separate earth
station authorization or a unified
license. In either case, ESIMs will have
to comply with any revised out-of-band
emissions requirement adopted in that
rulemaking.
We similarly do not believe that we
should increase burdens on blanket-
licensed earth station deployment
pursued through a unified license, as
opposed to through existing blanket-
licensing options, by requiring
registration or notification of the
ubiquitously deployed stations. Any
such information-gathering for blanket-
licensed earth station operations, if
appropriate, would be more efficiently
pursued with regard to specific
rulemakings and frequency bands.
Regarding the information omitted from
a unified license application because it
is duplicative or unnecessary, we note
that the application will constitute a
complete proposal for the satellite
system, including the blanket-licensed
earth station operations. If, after review
of the complete application, a party has
outstanding technical concerns, it may
address them during the comment
period.
In addition, we do not believe that the
earth station technical showings
currently required by 47 CFR
25.115(g)(1) and 25.132 are necessary
for terrestrial operators to review and
should not be replaced with a
certification requirement. These
showings are intended to confirm
compliance with two-degree spacing
limits for GSO FSS satellites. Given that
satellite operators are currently allowed
to certify compliance with two-degree
spacing limits instead of providing
technical showings, and the experience
of satellite commenters that such
technical demonstrations are
unnecessary to confirm the earth
station’s compliance with two-degree
limits, we do not believe that the burden
of providing these demonstrations is
justified by their purpose. In any event,
adjacent-band terrestrial operators will
have an opportunity to comment on any
unified license application including
ESIM or other blanket-licensed earth
station authority, and they may request
additional information regarding the
earth station operations. If an UMFUS
operator experienced interference due to
adjacent-band operations of a unified
licensee, it could address its concerns to
the licensee directly or to the
Commission.
The unified license will not be a
separate license that a satellite operator
has to obtain in addition to its existing
satellite license. Rather, it will
constitute a space station license that
also includes authority for the operation
of earth stations with that particular
geostationary-satellite orbit (GSO) space
station or those (non-geostationary
satellite orbit) NGSO space stations.
Whether a satellite operator chooses to
include such earth station authority or
not, the space station authority will
remain as it is today. The earth station
authorization may include some or all of
the frequency bands authorized for the
associated space station(s).
In response to a request for
clarification, we affirm that requests for
modification or renewal, special
temporary authority, and application
amendments related to space station
operations, earth station operations, or
both, can be made in the narrative
portion of an application in the unified
license file. While a unified license
contains authority for both space station
and earth station operations, we
consider such a license to be an
extension of the satellite licensing
process, to be held by the satellite
operator and applied for in the
International Bureau Filing System
(IBFS) using the general satellite
licensing procedures. Accordingly, for
any renewal applications, we will apply
the deadlines and procedures for
renewal of the space station authority to
the entire unified license, and not
consider any potentially conflicting
requirements for renewal of the earth
station authority. In addition, since
there are no Commission licenses for
multiple GSO-satellite systems, if a GSO
satellite under a unified license became
inoperable at the assigned orbital
location (e.g., due to an in-orbit failure
or end-of-life deorbiting), the unified
license would cease, including all earth
station authority to communicate with
that satellite. The earth stations that
formerly operated with that retired
satellite could operate under a separate
unified license authorizing
communication with a replacement
satellite, under a unified license for a
non-replacement satellite, or under a
separate earth station license. Only the
earth stations’ authority to operate with
the retired satellite would cease. For an
NGSO system license, which is typically
a type of blanket license for space
stations, the loss of a single space
station would not usually terminate the
license.
We also direct the International
Bureau to consider and release, as
appropriate, further guidance regarding
the implementation of a unified
licensing framework in an explanatory
public notice consistent with the intent
of this rulemaking to simplify and
streamline, to the maximum extent
practicable, the authorization of space
stations and earth stations through a
unified license. We decline to postpone
the effectiveness of the unified license
framework until after an explanatory
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public notice is released as we expect
that the practical experience the
International Bureau would gain in
implementing the new framework will
prove valuable and important in
developing further guidance.
Non-U.S.-Licensed Satellites. We will
allow non-U.S.-licensed satellite
operators to obtain market access
through a unified authorization.
Structurally, the unified authorization
will consist of an earth station license
and a grant of market access for the
space station. This same formal
licensing structure is possible today
when a satellite operator files its own
earth station license application and
seeks satellite market access through the
earth station application. In contrast
with this current option, the unified
authorization may only be held by a
satellite operator, will exclude
individually coordinated earth stations,
and will be processed in IBFS using the
filing options and procedures available
to space station applications rather than
earth station applications.
Blanket-Licensed Earth Stations.
Including blanket-licensed earth
stations within a unified license would
streamline the authorization of these
earth stations without raising potential
site-specific concerns, because the
Commission has already determined
that such earth stations may be
deployed ubiquitously, without other
operators knowing their precise
locations. The unified license will
merely capture this existing authority in
a different type of license, without
allowing any earth station operations
that would be prohibited under the
existing method of a blanket earth
station license. Therefore, no other
services will be affected by permitting
such operations under a blanket license.
Accordingly, we will allow any type of
earth station operation eligible for
blanket licensing to be included in a
unified license.
Individually Coordinated Earth
Stations. Although the Commission
proposed to include in the unified
license conditional authority for earth
stations that must be individually
coordinated and are not eligible for
blanket licensing, we decline to adopt
this proposal. For one, we find that
many of the benefits of such a proposal
(such as linking the deployment of those
earth stations to the deployment of the
associated satellite, and thereby
allowing the satellite operator to secure
its gateway earth station locations
several years earlier than the current
licensing process) are better addressed
more directly (for example, by
modifying earth station build out
requirements). For another, we find that
adding such earth stations to a unified
license would create more complexity
than its streamlining benefit. Whether
included in a unified license or not, a
separate earth station filing would be
required to provide the necessary site-
specific information. Further, under the
earth station certification proposal we
adopt below, an earth station license
applicant could similarly take advantage
of the information provided in a
corresponding space station application
to omit any data that is duplicative.
Therefore, it could be that the filings for
individually coordinated earth
stations—whether as part of a unified
license or separately licensed using the
certification procedure—would be
similar in terms of the information
provided, if not identical. At the same
time, creating a new category of earth
station filings would impose burdens on
Commission resources. Therefore, in
light of the possible complication that
separate earth station filings would
bring to a unified license framework,
and the potentially marginal reduction
in application burdens, we decline to
adopt the proposal for individually
coordinated earth stations.
In short, unified licensing will not be
available in any frequency bands in
which blanket earth station licensing is
not permitted. In such bands, earth
stations will continue to be licensed
separately from space stations.
Application Requirements. To add
blanket-licensed earth station authority
to a space station license or market
access grant, the satellite operator
would need to provide only the
additional information required in an
equivalent earth station application, but
which is not already covered by what
was filed for the space station. This
includes, for example, any certification
under 47 CFR 25.115(i) that the use of
a contention protocol in an earth station
network will be reasonable, because that
certification is not covered by the
information provided in a space station
license application. Submission of an
earth station Form 312 Schedule B
would not be required. As stated in the
proposed rule, in applications where the
satellite operator certified compliance
with the two-degree spacing power
limits under 47 CFR 25.140(a)(3)(i)–(iv),
for example, the applicant would not
need to provide any additional
information on earth station antenna
performance or verified performance
currently required by 47 CFR
25.115(g)(1) or 25.132 because the
certification already attests to
compliance with the power limits
involved in those additional showings.
Further instances of redundancy will
necessarily be reviewed by Commission
staff on a case-by-case basis initially,
given that, at the urging of commenters,
we are making the unified license
option widely available across several
different services and types of
operation, each with distinct earth
station and space station information
requirements. The goal of this review
will be to streamline, as far as possible
within current rules, the earth station
information required. We also note that
a unified license may be granted in the
absence of default power limits, based
on the technical showings provided,
and that nothing about the unified
license would change the application of
section 25.140(d) to space stations
authorized in, or outside of, a unified
license.
Control of Earth Stations. Terrestrial
operators may address questions or
concerns to the satellite operator
directly, as holder of the unified license,
or to the Commission. Today, many
satellite licensees are already held
responsible for compliance with earth
station power limits for their satellite
networks. Further, it is common
practice in satellite service contracts for
the satellite operator to specify and
require third party earth station
operators to adhere to technical
parameters consistent with its license,
coordination agreements and the
efficient technical use of its network.
We continue to believe that contractual
provisions are sufficient to hold the
unified licensee as the responsible
entity. Therefore, we do not find any
basis in the record to modify our rules
regarding the control of earth stations.
Fees. As an initial matter, we note that
there is an ongoing, comprehensive
Commission rulemaking involving
updates and additions to the application
fee schedules. The interim fee decisions
taken in this Report and Order will be
considered in the larger application fee
rulemaking, and may change
significantly based on the analyses
conducted there. In adopting a unified
license framework, however, we must
determine an initial treatment with
respect to our application-fee
requirements.
A unified license application will
contain all the information necessary to
assess the proposed operation of the
space station(s) and blanket-licensed
earth stations in the satellite system,
consistent with our rules. Commission
staff will review both the space and
ground components of the satellite
system, and commenters may raise
issues regarding either component to be
resolved in the licensing decision.
Because we anticipate that processing a
unified license application will involve
similar Commission resources to the
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processing of individual space station
applications and earth station
applications making use of the new
certification option we adopt below, we
will assess a fee for unified license
applications that is equal to the
combined fees of the relevant space
station license application and earth
station blanket-license application. This
treatment is intended to provide a
simple, clear solution until the
comprehensive Commission application
fee rulemaking is completed. Because
there are currently no fee codes in IBFS
for such combined fees, unified license
applicants will need to pay the
application fee manually.
In the case of a non-U.S.-licensed
space station operator seeking a U.S.
earth station license in combination
with its petition for market access, we
will—for now—assess the earth station
application fee schedule to such
requests. This provides equal treatment
with the similar, existing procedure of
market access through an earth station
application. However, we note the
inconsistency and potential unfairness
of assessing substantially lower fees to
such market access requests than to U.S.
licensees, and intend to fully consider
this and all application fee matters in
the rulemaking dedicated to revising the
Commission’s application fees broadly.
In addition to application fees, the
Commission also charges annual
regulatory fees. These fees are based on
licenses held at the end of the relevant
fiscal year. The Commission recently
concluded its fiscal year 2019 regulatory
fee rulemaking, and sought comment on
additional changes for future years. We
note that the fiscal year 2019 report and
order for the first time assessed the same
regulatory fees against non-U.S.-
licensed satellite operators granted U.S.
market access as the Commission
assesses to satellite operators holding a
Commission space station license. We
defer to a future regulatory fee
proceeding the question of how to
assess such fees to the new category of
unified licenses.
B. Earth Station Certifications
As an alternative or addition to the
unified license proposal in the proposed
rule, the Commission also asked
whether it should permit applicants for
GSO FSS earth station licenses to
submit certifications of compliance with
the terms and conditions of the
communicating space station network as
a substitute for filing the technical
information required by Form 312,
Schedule B. Such certifications would
allow independent earth station
operators to benefit from streamlined
information requirements in a similar
way as earth stations authorized through
a unified license held by the satellite
operator, while remaining responsible
for compliance with its certification.
We believe that there is no general
need for GSO FSS earth station
applicants to submit technical
information that is duplicative (or
unnecessary) due to the information
already provided for the satellite with
which they will communicate.
Furthermore, and consistent with our
decision above to expand the
streamlining benefits of the unified
license to additional services and types
of operation, we see no general need to
require such duplicative or unnecessary
information for any earth station in any
service when an appropriate
certification of compliance with the
satellite authorization is made.
With respect to the frequency bands
to which this option will apply, we take
an approach consistent with our
decisions above regarding the unified
license framework. Consistent treatment
is appropriate because the same types of
duplicative or unnecessary information
may be omitted either through an earth
station certification of compliance with
the relevant satellite authorization or
through a unified license application.
Accordingly, we will exclude from the
earth station certification option FSS
operations under 10 GHz and operations
subject to 47 CFR 25.136. We will
include ESIM operations in the 28.35–
28.6 GHz band because doing so will
have no impact on the applicable out-
of-band emissions limits that affect
UMFUS operations in the adjacent 27.5–
28.35 GHz band.
Therefore, to conserve applicant and
Commission resources while ensuring
the necessary information remains on
file with the Commission, we conclude
it will serve the public interest to adopt
a general provision for earth station
licensing that an earth station applicant
certifying that it will comply with the
applicable terms and conditions of any
space station’s authorization with which
it communicates need not provide
technical demonstrations or other
information made duplicative or
unnecessary by the certification, with
the exceptions just noted. This
necessarily applies to many frequency
bands because the requirement to
submit technical data in Schedule B,
specifically identified as a source of
potentially unnecessary information in
the proposed rule, is applicable by
default to all applications for
transmitting earth stations.
Applicants taking advantage of the
certification option need not identify
the information that is duplicative or
unnecessary at this time. Given that we
are excluding FSS bands below 10 GHz
and bands shared with UMFUS, and
that the vast majority of earth station
applications are non-controversial and
unopposed, such a requirement would
lessen the streamlining benefits of the
certification option without providing a
compensating benefit. As under the
unified license approach above, parties
may raise questions on specific
applications during the comment
period. Finally, we believe that
guidance the International Bureau may
provide on the new earth station
certifications, like on the unified license
applications, would benefit from
practical experience implementing the
rules. We therefore decline to delay the
effectiveness of the new rule.
C. Earth Station Build-Out
Requirements
In the proposed rule, the Commission
identified a regulatory disconnect
between the five-year deployment
requirement for a GSO space station
authorized in frequency bands subject to
47 CFR 25.136 and the one-year
deployment requirement for earth
stations communicating with such a
satellite. The Commission proposed to
align these build-out requirements. As
proposed, an earth station authorized
through 47 CFR 25.136 would have a
build-out term defined as either the date
the associated satellite becomes
operational or one year, whichever is
longer.
Scope. Considering the benefits of
streamlining, regulatory certainty, and
parity among different types of earth
station licensees, we expand on the
build-out term proposal in the proposed
rule for earth stations licensed under 47
CFR 25.136 to include all blanket-
licensed earth station operations eligible
to be included in a unified license (i.e.,
other than FSS below 10 GHz), and
further to allow the same treatment for
blanket earth station licenses and
individual earth station licenses, which
are not part of a unified license, with
the same exception for FSS below 10
GHz where new earth station
deployments have been significantly
limited pursuant to the Commission’s
decisions to significantly increase
development of terrestrial services in
some of these bands. Although we
excluded from the unified licensing
option earth station operations that
must be individually coordinated, these
operations will benefit the most from
extended build-out periods to ensure
that the necessary siting locations
remain available once the satellite is
ultimately launched.
Bands Shared with UMFUS. Applying
an extended build-out period to earth
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station licenses subject to 47 CFR 25.136
will provide greater regulatory certainty
to satellite operators planning newer-
generation GSO or NGSO satellites with
narrow spot-beams and therefore more
limited earth station siting options. We
do not believe that doing so will
fundamentally alter the sharing regime
with UMFUS or the rights of UMFUS
operators. However, we believe that the
earth station coordination reached with
UMFUS licensees should be brought up
to date once the earth station is actually
constructed and operating. This will
ensure that the UMFUS licensees have
accurate information on the earth
station operations notwithstanding the
substantially longer earth station build-
out period we are allowing. Providing
UMFUS licensees with the certainty of
an updated coordination will
counterbalance the potential chilling of
some UMFUS developments that might
result from the extended earth station
build-out periods. As such, the re-
coordination requirement serves as an
important check on potential
warehousing. Requiring earth station
operators to simply notify changes to
UMFUS licensees would instead place
the burden of those changes, and the
risk of non-deployment of the earth
station, on UMFUS operators. We
decline to shift this risk onto UMFUS
operators, given that the one-year build-
out requirement provided underlying
support for the earth station siting rules
adopted in 47 CFR 25.136. We believe
that a re-coordination requirement for
earth station licensees deploying in
UMFUS bands is a reasonable tradeoff
for the added flexibility longer build-out
period provide these licensees.
Nonetheless, we note that earth station
applicants in shared UMFUS bands will
have several options. They may: (1)
Construct and bring the earth station
into operation within one year of
licensing; (2) re-coordinate; or (3)
deploy the earth station on an
unprotected basis.
We find no basis for treating NGSO
FSS earth stations differently than GSO
FSS or other earth stations included in
the scope of our proposal. Moreover, the
record is not fully developed for the
Commission to decide whether it would
serve the public interest to establish a
limit on the eligible number of NGSO
FSS earth stations or rely solely on the
waiver process. We will consider the
need for a future rulemaking on the
issue of extended build-out periods after
monitoring their implementation.
Accordingly, we will require earth
station operators that take advantage of
the extended build-out period
associated with deployment of a
communicating satellite to re-coordinate
with the UMFUS licensees within one
year before actually operating the earth
station. Such re-coordination should
account for changes to the earth station
equipment or configuration in the
intervening years, as well as to
geographic and demographic changes in
the surrounding area. In order to ensure
that the required re-coordination has
taken place, notice of the completed re-
coordination must be filed in IBFS prior
to commencement of earth station
operations. For earth stations that are
constructed and brought into operation
within one year of licensing, as
currently required, such re-coordination
will not be necessary.
Build-out Period. We also
acknowledge that it may be difficult to
complete construction of all licensed
earth stations and operate them on the
first day that the satellite is certified as
brought into operation, as proposed in
the proposed rule. In addition, the next
generation of high-throughput satellites
may deploy large numbers of gateway
earth stations that are not all needed to
operate upon the initial deployment of
the satellite, given the likely period of
ramp-up in traffic over the satellite
system. To address the practical realities
of potentially testing all earth stations in
a satellite system in a single day, and to
allow some flexibility during the initial
period of increase in satellite traffic, we
will extend the earth station
construction requirement to be six
months after the associated space
station is certified as brought into
operation.
Warehousing Concerns and a
Performance Bond. We note that
individually licensed earth stations will
operate in frequency bands already
included in a space station license. The
space station license requires posting of
an escalating $3 million bond for GSO
networks or an escalating $5 million
bond for NGSO systems. The bond is
payable if the satellite system is not
deployed within the required
milestones included in the license. This
existing bond requirement acts as a
deterrent to satellite operators without a
firm intent to deploy their licensed
systems in the particular frequency
bands. Further, each individual earth
station license application carries a
separate application fee. With these
existing disincentives to warehousing,
the scant record on a bond alternative,
and the potential burdens associated
with administering and enforcing a
bond for many individually licensed
earth stations that could communicate
with a number of space stations, we
decline to adopt an earth station bond
at this time.
Nonetheless, we intend to closely
follow this issue in the future and to
pursue measures, including possible
earth stations bonds, based on further
experience. In particular, we do not
expect many cases in which a single
operator files, under 47 CFR 25.136, for
more than one earth station license
within a given county or PEA, or for an
earth station that covers the maximum
permitted aggregate population within
the relevant UMFUS licensing area.
Such filings may encourage further
rulemaking on the issue of anti-
warehousing measures. While we defer
the question of addressing warehousing
incentives until we develop more
experience with the implementation of
extended earth-station build-out
periods, we will consider in addressing
the need for any such measures whether
to apply them to previously granted
earth station licenses with extended
build-out periods.
D. Annual Reporting Requirements for
Satellite Operators
In the proposed rule, the Commission
proposed to repeal the majority of the
satellite annual reporting requirements
in 47 CFR 25.170 because the reports are
not regularly used by Commission staff.
The Commission proposed to retain
only the requirement for an annual
confirmation of the accuracy of the
contact information on file and to move
this requirement to 47 CFR 25.171. We
adopt the proposal in the proposed rule.
The majority of the annual reporting
requirements in 47 CFR 25.170 have
proven unnecessary for the typical work
of Commission staff particular to
satellite licenses. In contrast, failures in
internal communication or other issues
can cause updates in point of contact
information not to be reported to the
Commission in compliance with 47 CFR
25.171. In these cases, including the up-
to-date contact information has proven
important to ensure such information
does not remain inaccurate indefinitely.
We also update the cross-reference in 47
CFR 25.172(a)(1) to reflect this change.
E. Out-of-Band Emissions
In the proposed rule, the Commission
observed that the default out-of-band
emissions rule in 47 CFR 25.202(f) dates
from the 1970s, and that its wording has
created confusion among some
operators. The Commission proposed to
replace this rule with a requirement to
comply with an international out-of-
band emissions standard, ITU–R
SM.1541–6, ‘‘Unwanted emissions in
the out-of-band domain,’’ August 2015.
However, given concerns expressed on
the record regarding this proposal and
the importance of out-of-band-emission
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limits for the protection of adjacent
services and the implementation of
Commission band segmentation
decisions, we decline to modify 47 CFR
25.202(f). We recognize that replacing
47 CFR 25.202(f) with the limits
contained in the ITU Recommendation
would relax some out-of-band emission
requirements immediately at the band
edge. The current record has not
considered the specific impact of this
relaxation on adjacent terrestrial
services. We are therefore not in a
position to conclude terrestrial services
would be unaffected, or that the
relaxation would otherwise serve the
public interest. However, we may seek
in the future to develop a full record on
this issue and reconsider adoption of an
internationally standardized, default
out-of-band emissions limit for satellite
services.
F. Dismissal of Applications
The proposed rule invited comment
on whether to modify the acceptability
standard for applications under 47 CFR
part 25 to explicitly state that an
applicant may correct any errors or
omissions within 60 days of a
Commission request, and that
applications will be accepted for filing
automatically within 30 days of filing,
unless the Commission determines
otherwise. After review of the split
record on this issue and consideration
of long-standing staff practices, we are
not convinced that an explicit, one-
sized-fits-all acceptability approach is
desirable across the variety of satellite
and earth station applications presented
under 47 CFR part 25. Rather, we
believe that the current framework has
proven flexible to enable Commission
staff to address errors without undue
disruptions to applicants or other
operators. We therefore decline to
modify the acceptability for filing rules.
G. Notification of Minor Earth Station
Modifications
In the proposed rule, the Commission
proposed to reduce filing burdens on
some earth station licensees by
repealing the requirement to notify the
Commission of the types of minor
changes to authorized earth stations
listed in 47 CFR 25.118(a)(4)—i.e., those
that the Commission does not expect to
worsen the interference environment for
other operators.
After review of the record, we adopt
the proposed streamlining measure by
moving the enumerated types of
modifications from 47 CFR 25.118(a)(4)
to 47 CFR 25.118(b), which lists earth
station modifications that do not require
notification and include two additional
modifications that require Commission
notification. Namely, decreases in
antenna height and any change that
increases or decreases the earth station’s
power flux-density (PFD) contour. The
PFD contour is an essential part of the
initial application under 47 CFR 25.136
in bands shared with UMFUS and any
modification such as to antenna height,
power, orientation, etc. that changes the
PFD contour will trigger the notification
requirement. We also clarify that the
addition of new transceiver and antenna
combinations to an existing blanket
earth station license does not require
prior Commission notification when
they meet the requirements currently
listed in 47 CFR 25.118(a)(4).
We do not believe that a change in
earth station antenna pattern under 47
CFR 25.118(a)(4)(i) will negatively
impact terrestrial operators because it
must not, in accordance with the rule,
exceed the previously filed EIRP or EIRP
density envelope. As such, we do not
believe these notices are necessary for
operators in other services because the
‘‘worst case’’ interference scenario will
not be affected. We also do not believe
that an earth station operating in a band
shared with UMFUS at a power level
below its maximum authorized power
level should be required to notify the
Commission of its lower operating
power level. No such requirement
currently exists—earth stations may be
operated at different power levels based
on varying requirements and conditions,
provided they do not exceed their
authorized power envelopes—and we
find no basis to adopt such a new
reporting requirement.
However, we do believe that the
Commission should require earth
station operators to provide notice of a
decrease in antenna height pursuant to
this provision. Although in many cases
a decrease in earth station antenna
height would improve, not worsen, the
interference environment for terrestrial
operators as ground clutter would play
a larger role in suppressing emissions in
unwanted directions, that is not always
the case. For example, a lowered
antenna may be more likely to radiate
higher side lobes into an UMFUS station
or may bring the antenna closer to some
local metallic object, creating induced
spurious effects on the resultant
radiation pattern that create higher
interference levels in certain directions.
And a decrease in antenna height may
result in decreased PFD contours which
provide an UMFUS operator the
opportunity to serve an area that was
previously excluded, but now no longer
is. Therefore, we will require
notification of decreases in antenna
height.
H. Additional Proposals in Comments
In addition to the proposals and
questions in the proposed rule, some
additional proposals were made in the
comments of this proceeding to
streamline other aspects of the
Commission’s satellite licensing rules.
SES additionally reiterated one issue
contained in its Petition for
Reconsideration of a 2015 satellite
streamlining order, which will be
addressed in that rulemaking. We have
reviewed these proposals and conclude
that, while they are outside the scope of
the proposed rule, we may revisit some
of these proposals in the future.
Final Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in
Further Streamlining Part 25 Rules
Governing Satellite Services, Notice of
Proposed Rulemaking. The Commission
sought written public comment on the
proposals in the proposed rule,
including comment on the IRFA. No
comments were received on the IRFA.
This present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Order
The Order creates a new, streamlined
license for both space stations and earth
stations and adopts other streamlining
measures for the authorization of earth
stations. It also removes the annual
reporting requirements for satellite
operators and makes other corrections
in 47 CFR part 25.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
There were no comments filed that
specifically addressed the rules and
policies proposed in the IRFA.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs
Act of 2010, which amended the RFA,
the Commission is required to respond
to any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
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D. Description and Estimate of the
Number of Small Entities to Which
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 rules
adopted herein. 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 Small Business
Administration (SBA). Below, we
describe and estimate the number of
small entities that may be affected by
adoption of the final rules.
Satellite Telecommunications
This category comprises firms
‘‘primarily engaged in providing
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ Satellite
telecommunications service providers
include satellite and earth station
operators. The category has a small
business size standard of $35 million or
less in average annual receipts, under
SBA rules. For this category, U.S.
Census Bureau data for 2012 show that
there were a total of 333 firms that
operated for the entire year. Of this
total, 299 firms had annual receipts of
less than $25 million. Consequently, we
estimate that the majority of satellite
telecommunications providers are small
entities.
E. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements for Small Entities
The Order adopts several rule changes
that would affect compliance
requirements for space station and earth
station operators. For example, the
Order creates a new, optional,
streamlined licensing procedure for
both space stations and earth stations in
a satellite system. It also eliminates
some reporting requirements for space
station and earth station licensees. In
total, the actions in this Order are
designed to achieve the Commission’s
mandate to regulate in the public
interest while imposing the lowest
necessary burden on all affected parties,
including small entities.
F. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities and Significant Alternatives
Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
In this Order, the Commission creates
a new, optional, streamlined licensing
procedure for both space stations and
earth stations in a satellite system
specifically designed to eliminate
redundancies and reduce regulatory
burdens. The Commission also adopts a
certification option for earth station
applicants to eliminate duplicative or
unnecessary information filed with the
Commission. In addition, the
Commission repeals certain other
requirements with the aim of
streamlining its requirements. Overall,
the actions in this document will reduce
burdens on the affected licensees,
including small entities.
Report to Congress: The Commission
will send a copy of the Report and
Order, including this FRFA, in a report
to be sent to Congress pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
Report and Order, including this FRFA,
to the Chief Counsel for Advocacy of the
SBA. A copy of the Report and Order
and FRFA (or summaries thereof) will
also be published in the Federal
Register.
Paperwork Reduction Act
This document contains new or
modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public to comment on the information
collection requirements contained in
this Report and Order as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition, the
Commission notes that pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), we previously sought
specific comment on how the
Commission might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
In this present document, we have
assessed the effects of requiring some
earth station licensees to re-coordinate
with Upper Microwave Flexible Use
Service licensees under 47 CFR 25.136,
and find that it may increase
coordination costs for some businesses
with fewer than 25 employees.
Congressional Review Act
The Commission has determined, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Second Report and
Order to Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Ordering Clauses
It is ordered, pursuant to sections 4(i),
7(a), 10, 303, 308(b), and 316 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157(a), 160,
303, 308(b), 316, that this Report and
Order is adopted, the policies, rules,
and requirements discussed herein are
adopted, and part 25 of the
Commission’s rules is amended as set
forth below.
It is further ordered that the rule
amendments in this Report and Order
will become effective 30 days from the
date of publication in the Federal
Register, except for those amendments
which contain new or modified
information collection requirements that
require approval by the Office of
Management and Budget under the
Paperwork Reduction Act which will
become effective after the Commission
publishes a document in the Federal
Register announcing such approval and
the relevant effective date.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analyses, to
the Chief Counsel for Advocacy of the
Small Business Administration.
It is further ordered that the
Commission shall send a copy of this
Report and Order in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
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List of Subjects in 47 CFR Part 25
Administrative practice and
procedure, Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 25 as
follows:
PART 25—SATELLITE
COMMUNICATIONS
■1. The authority citation for part 25
continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 310, 319, 332, 605, and 721, unless
otherwise noted.
■2. Amend § 25.115 by revising
paragraph (a)(1) to read as follows:
§ 25.115 Applications for earth station
authorizations.
(a)(1)(i) Transmitting earth stations.
Commission authorization must be
obtained for authority to operate a
transmitting earth station. Applications
must be filed electronically on FCC
Form 312, Main Form and Schedule B,
and include the information specified in
this section, except as set forth in
paragraphs (a)(1)(ii) and (a)(2) of this
section.
(ii) Certification of compliance with
space station authorization. An earth
station applicant certifying that it will
comply with the applicable terms and
conditions of the authorization of any
space station with which it
communicates need not provide
technical demonstrations or other
information that is duplicative or
unnecessary due to the certification.
This provision does not apply to FSS
operation in bands below 10 GHz or in
bands subject to § 25.136.
* * * * *
■3. Amend § 25.118 by revising
paragraphs (a)(4) and (b) to read as
follows:
§ 25.118 Modifications not requiring prior
authorization.
(a) * * *
(4) An earth station licensee may
additionally:
(i) Decrease antenna height; or
(ii) Increase or decrease the earth
station’s PFD contour, provided the
modification does not involve a change
listed in paragraph (b)(2) of this section.
(b) Earth station modifications,
notification not required.
Notwithstanding paragraph (a) of this
section:
(1) Equipment in an authorized earth
station may be replaced without prior
authorization and without notifying the
Commission if the new equipment is
electrically identical to the existing
equipment.
(2) Licensees may make other changes
to their authorized earth stations,
including the addition of new
transceiver/antenna combinations,
without notifying the Commission,
provided the modification does not
involve:
(i) An increase in EIRP or EIRP
density (either main lobe or off-axis);
(ii) Additional operating frequencies;
(iii) A change in polarization;
(iv) An increase in antenna height;
(v) Antenna repointing beyond any
coordinated range; or
(vi) A change from the originally
authorized coordinates of more than 1
second of latitude or longitude for
stations operating in frequency bands
shared with terrestrial systems or more
than 10 seconds of latitude or longitude
for stations operating in frequency
bands not shared with terrestrial
systems.
* * * * *
■4. Add § 25.124 to read as follows:
§ 25.124 Unified space station and earth
station authorization.
(a) A single authorization may be
issued for the operations of a GSO space
station or NGSO space station(s) and the
blanket-licensed earth stations that will
operate within that satellite system,
excluding GSO FSS and NGSO FSS
satellite systems operating in bands
below 10 GHz and bands subject to
§ 25.136. The available frequency bands
are:
(1) Non-Voice, Non-Geostationary
MSS: 137–138 MHz, 148–150.05 MHz,
399.9–400.05 MHz, and 400.15–401
MHz;
(2) 1.5/1.6 GHz MSS: 1525–1559 MHz
and 1626.5–1660.5 MHz;
(3) 1.6/2.4 GHz MSS: 1610–1626.5
MHz and 2483.5–2500 MHz;
(4) 2 GHz MSS: 2000–2020 MHz and
2180–2200 MHz;
(5) GSO FSS: 10.7–12.2 GHz, 14–14.5
GHz, 18.3–18.8 GHz, 19.7–20.2 GHz,
28.35–28.6 GHz, 29.25–30 GHz, 40–42
GHz, and 48.2–50.2 GHz;
(6) NGSO FSS: 10.7–12.7 GHz, 14–
14.5 GHz, 17.8–18.6 GHz, 18.8–19.4
GHz, 19.6–20.2 GHz, 28.35–29.1 GHz,
29.5–30 GHz, 40–42 GHz, and 48.2–50.2
GHz; and
(7) GSO and NGSO MSS: 19.7–20.2
GHz and 29.5–30 GHz.
(b) An application for a satellite
system license described in paragraph
(a) must contain:
(1) The information required by
§ 25.114 or, for a non-U.S.-licensed
space station, § 25.137;
(2) A certification that earth station
operations under the satellite system
license will comply with part 1, subpart
I and part 17 of this chapter; and
(3) Any additional information
required under this part, including
under § 25.115, for operation of the
blanket-licensed earth stations that is
not duplicative or unnecessary due to
the information provided for the space
station operation.
■5. Amend § 25.133 by revising
paragraph (a) to read as follows:
§ 25.133 Period of construction;
certification of commencement of
operation.
(a) An earth station, or network of
blanket-licensed earth stations, must be
brought into operation within the
longest of the time periods below,
unless the Commission determines
otherwise:
(1) For an earth station authorized to
communicate with a GSO FSS space
station in the 3600–4200 MHz band
(space-to-Earth) operating outside of
CONUS, or in the 5850–6725 MHz band
(Earth-to-space), within one year from
the date of the license grant;
(2) For any other earth station or
network of earth stations, within one
year from the date of the license grant
or six months after the bringing into
operation of a GSO space station, or
NGSO system under § 25.164(b)(1), with
which the earth station or earth station
network was authorized to
communicate when it was licensed, as
notified under § 25.173(b).
* * * * *
■6. Delayed indefinitely, amend
§ 25.136 by adding paragraph (h) to read
as follows:
§ 25.136 Earth Stations in the 24.75–25.25
GHz, 27.5–28.35 GHz, 37.5–40 GHz, 47.2–
48.2, GHz and 50.4–51.4 GHz bands.
* * * * *
(h) Re-coordination. An earth station
licensed under this section that is
brought into operation later than one
year after the date of the license grant
must be re-coordinated with UMFUS
stations using the applicable processes
in § 101.103(d) of this chapter. The earth
station licensee must complete re-
coordination within one year before its
commencement of operation. The re-
coordination should account for any
demographic or geographic changes as
well as changes to the earth station
equipment or configuration. A re-
coordination notice must be filed in
IBFS before commencement of earth
station operations.
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
1
86 FR 7205 (Jan. 26, 2021).
2
For example, this E.O. applies to all persons in
or on a freight train, locomotive, high-rail vehicle,
crew transportation vehicle, or in a railroad
transportation facility, terminal, yard, storage
facility, yard office, crew room, maintenance shop,
and other areas regularly occupied by personnel
engaged in railroad operations.
3
For an explanation of how FRA exercises its
safety jurisdiction over passenger rail operations,
see ‘‘FRA’s Policy on Jurisdiction Over Passenger
Operations’’ in 49 CFR part 209, appendix A—
Statement of Agency Policy Concerning
Enforcement of the Federal Railroad Safety Laws.
4
Nothing in this E.O. is intended to interfere with
any applicable jurisdiction over COVID–19 issues
in the workplace by the Occupational Safety and
Health Administration. Additionally, FRA is not
exercising its railroad safety authority over any
COVID–19 issue other than requiring compliance
with mask mandates in accordance with the CDC
Order, nor is it exercising its jurisdiction over how
a railroad decides to comply with the CDC Order
and this E.O. For example, a railroad may not
include any type of COVID–19 risk-based hazard
analysis as part of its railroad system safety program
under either 49 CFR part 270 (System Safety
Program) or part 271 (Risk Reduction Program) in
order to protect that analysis from discovery or use
in litigation under either 49 CFR 270.105 or 49 CFR
271.11.
§ 25.170 [Removed]
■7. Remove § 25.170.
■8. Revise § 25.171 to read as follows:
§ 25.171 Space station point of contact
reporting requirements.
(a) Annual report. On June 30 of each
year, a space station licensee or market
access recipient must provide a current
listing of the names, titles, addresses,
email addresses, and telephone numbers
of the points of contact for resolution of
interference problems and for
emergency response. Contact personnel
should include those responsible for
resolution of short-term, immediate
interference problems at the system
control center, and those responsible for
long-term engineering and technical
design issues.
(b) Updated information. If a space
station licensee or market access
recipient point of contact information
changes, the space station licensee or
market access recipient must file the
updated information within 10 days of
the change.
(c) Electronic filing. Filings under
paragraphs (a) or (b) of this section must
be made electronically in the
Commission’s International Bureau
Filing System (IBFS) in the ‘‘Other
Filings’’ tab of the station’s current
authorization file.
■9. Amend § 25.172 by revising
paragraph (a)(1) to read as follows:
§ 25.172 Requirements for reporting space
station control arrangements.
(a) * * *
(1) The information required by
§ 25.171(a).
* * * * *
Editorial Note: The Office of the Federal
Register received this document on December
23, 2020.
[FR Doc. 2020–28907 Filed 2–26–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209 and 211
[Emergency Order No. 32, Notice No. 1]
Emergency Order Requiring Face Mask
Use in Railroad Operations
SUMMARY
: To help prevent the spread of
coronavirus disease 2019 (COVID–19),
the Federal Railroad Administration
(FRA) is issuing this emergency order
(E.O.) to require compliance with the
mask requirements of the Order of the
Centers for Disease Control and
Prevention (CDC), Requirement for
Persons to Wear Masks While on
Conveyances and at Transportation
Hubs. This E.O. also implements
Promoting COVID–19 Safety in
Domestic and International Travel,
issued on January 21, 2021, requiring
masks to be worn in or on airports,
commercial aircraft, and various modes
of surface transportation, including
trains. Specifically, this E.O. addresses
requirements for face mask use with
respect to all freight rail operations and
portions of each passenger rail operation
under FRA’s safety jurisdiction.
DATES
: This emergency order is effective
March 1, 2021.
FOR FURTHER INFORMATION CONTACT
:
Mark Patterson, Director, Office of Data
Analysis and Program Support, at (202)
493–6282 or mark.patterson@dot.gov;
Elizabeth Gross, Attorney Adviser,
Office of the Chief Counsel, at (202)
493–1342 or elizabeth.gross@dot.gov; or
Veronica Chittim, Attorney Adviser,
Office of the Chief Counsel, at (202)
493–0273 or veronica.chittim@dot.gov.
SUPPLEMENTARY INFORMATION
:
Introduction
FRA is issuing this E.O. to implement
Executive Order 13998,
1
which directs
the Secretary of Transportation to take
action to require masks to be worn in
compliance with CDC guidelines in or
on trains.
2
On January 31, 2021, the
Transportation Security Administration
(TSA) issued Security Directive (SD)
1582/84–21–01, Security Measures—
Face Mask Requirements (TSA SD), to
implement Executive Order 13998 and
to enforce the CDC Order with respect
to conveyances and transportation
facilities used in various modes of
surface transportation, including
passenger rail.
On February 12, 2021, the Secretary of
Transportation issued an Action
Memorandum to further USDOT’s
efforts to implement the President’s
Executive Order 13998. Finding that
COVID–19 and its variants continue to
present unprecedented challenges to the
health of the traveling public in all
modes of transportation, and that the
wearing of masks on all modes of
transportation can mitigate the risk of
travelers spreading COVID–19 and can
instill safety and confidence in
transportation systems, the Secretary
directed FRA to take action to support
and carry out enforcement of the CDC
Order with respect to transportation
entities subject to its jurisdiction.
In issuing this E.O., FRA is exercising
its emergency railroad safety authority
to the extent necessary to require mask
wearing in accordance with the CDC
Order and implement Executive Order
13998 with respect to freight rail
operations and those portions of
passenger rail operations
3
not already
covered by the TSA SD. FRA is not
exercising its authority over any other
aspect of the COVID–19 pandemic and
does not otherwise intend by this E.O.
to affect working conditions for
employees and contractors engaged in
railroad operations.
4
Authority
Authority to enforce Federal railroad
safety laws has been delegated by the
U.S. Secretary of Transportation to the
Administrator of FRA. 49 U.S.C. 103; 49
CFR 1.89(e) and internal delegations.
Railroads are subject to FRA’s safety
jurisdiction under the Federal railroad
safety laws. 49 U.S.C. 20101, 20103.
FRA is authorized to issue emergency
orders where an unsafe condition or
practice ‘‘causes an emergency situation
involving a hazard of death, personal
injury, or significant harm to the
environment.’’ 49 U.S.C. 20104.
Emergency orders may immediately
impose ‘‘restrictions and prohibitions
. . . that may be necessary to abate the
situation.’’ Id.
COVID–19 Pandemic
Due to the ongoing COVID–19
pandemic, and to reduce the spread of
COVID–19, President Biden issued
Executive Order 13998, Promoting
COVID–19 Safety in Domestic and
International Travel, on January 21,
2021, requiring masks to be worn in
airports, on commercial aircraft, and in
various modes of surface transportation,
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